SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Cuba Sanctions Reform Act of 2004''.

SEC. 2. DURATION OF SANCTIONS RELATED TO CUBA.

    (a) Continuation of Sanctions.--
            (1) Expiration.--Notwithstanding any other provision of
        law, the restrictions described in section 3(a) shall, with
        respect to Cuba, expire 1 year from the date of enactment of
        this Act unless renewed pursuant to paragraph (2) and
        subsection (b).
            (2) Resolution by congress.--The restrictions contained in
        section 3(a) may be renewed annually for a 1-year period if,
        prior to the anniversary of the date of enactment of this Act,
        and each year thereafter, a renewal resolution is enacted into
        law in accordance with subsection (b).
    (b) Renewal Resolutions.--
            (1) In general.--For purposes of this section, the term
        ``renewal resolution'' means a joint resolution of the two
        Houses of Congress, the sole matter after the resolving clause
        of which is as follows: ``That Congress approves the renewal of
        the restrictions contained in section 3(a) of the Cuba
        Sanctions Reform Act of 2004.''.
            (2) Procedures.--
                    (A) In general.--A renewal resolution--
                            (i) may be introduced in either House of
                        Congress by any member of such House at any
                        time within the 90-day period before the
                        expiration of the restrictions described in
                        section 3(a); and
                            (ii) the provisions of subparagraph (B)
                        shall apply.
                    (B) Expedited consideration.--The provisions of
                section 152 (b), (c), (d), (e), and (f) of the Trade
                Act of 1974 (19 U.S.C. 2192 (b), (c), (d), (e), and
                (f)) apply to a renewal resolution under this Act as if
                such resolution were a resolution described in section
                152(a) of the Trade Act of 1974.

SEC. 3. PROVISIONS RESTRICTING TRADE AND OTHER RELATIONS WITH CUBA.

    (a) Provisions Subject to Renewal.--The restrictions described in
this subsection that are subject to renewal as described in section 2
are as follows:
            (1) The prohibition or termination of assistance contained
        in section 620(a) of the Foreign Assistance Act of 1961 (22
        U.S.C. 2370(a)).
            (2) The authorities conferred upon the President by section
        5(b) of the Trading with the enemy Act (50 U.S.C. App. 5(b)),
        which were being exercised with respect to Cuba on July 1,
        1977, as a result of a national emergency declared by the
        President before that date, and are being exercised on the day
        before the date of enactment of this Act.
            (3) Any prohibition on exports to Cuba that is in effect on
        the day before the date of enactment of this Act under the
        Export Administration Act of 1979 (50 U.S.C. App. 2401 et
        seq.).
            (4) The sanctions contained in section 1704 and section
        1706 of the Cuban Democracy Act of 1992 (22 U.S.C. 6003 and
        6005).
            (5) The sanctions contained in the Cuban Liberty and
        Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6021 et
        seq.).
            (6) The prohibitions relating to Cuba contained in sections
        908, 909, and 910 of the Trade Sanctions Reform and Export
        Enhancement Act of 2000 (title IX of Public Law 106-387; 22
        U.S.C. 7207, 7208, and 7209).
            (7) Subparagraph (A) of section 901(j)(2) of the Internal
        Revenue Code of 1986 (relating to denial of foreign tax credit,
        etc., with respect to certain foreign countries).
            (8) The prohibition relating to sugar imports established
        under section 902(c) of the Food Security Act of 1985 (7 U.S.C.
        1446g note; Public Law 99-198).
            (9) The restrictions on common carriers, as defined in
        section 3(10) of the Communications Act of 1934 (47 U.S.C.
        153(10)), related to Cuba, including restrictions regarding the
        installation, maintenance, repair, and upgrading of
        telecommunications equipment and facilities, and the provision
        of telecommunications services between the United States and
        Cuba.
    (b) Authority for New Restrictions.--The President may, on or after
the date of enactment of this Act--
            (1) impose export controls with respect to Cuba under
        section 5, 6(j), 6(l), or 6(m) of the Export Administration Act
        of 1979; and
            (2) exercise the authority of the President under the
        International Emergency Economic Powers Act (50 U.S.C. 1701 et
        seq.) with respect to Cuba pursuant to a declaration of
        national emergency required by that Act that is made on account
        of an unusual and extraordinary threat to the national
        security, foreign policy, or economy of the United States, that
        did not exist before the date of enactment of this Act.

SEC. 4. TRAVEL.

    (a) In General.--Restrictions related to travel to and from Cuba by
individuals who are citizens or residents of the United States, and any
transactions ordinarily incident to such travel, that may be regulated
or prohibited shall be subject to expiration, and renewal by joint
resolution of the two Houses of Congress, as described in section 2.
    (b) Transactions Incident to Travel.--For purposes of subsection
(a), the term ``any transactions ordinarily incident to travel''
includes--
            (1) transactions ordinarily incident to travel or
        maintenance in Cuba; and
            (2) normal banking transactions involving foreign currency
        drafts, traveler's checks, or other negotiable instruments
        incident to such travel.

SEC. 5. ANNUAL REMITTANCES.

    (a) In General.--Except as provided in subsection (b), any limit
the Secretary of the Treasury may place on the amount of remittances to
Cuba made by any person who is subject to the jurisdiction of the
United States, shall be subject to expiration, and renewal by joint
resolution of the two Houses of Congress, as described in section 2.
    (b) Statutory Construction.--Nothing in subsection (a) may be
construed to prohibit the prosecution or conviction of any person
committing an offense described in section 1956 of title 18, United
States Code (relating to the laundering of monetary instruments) or
section 1957 of such title (relating to engaging in monetary
transactions in property derived from specific unlawful activity).

Summary: Cuba Sanctions Reform Act of 2004 - Provides for the expiration of certain trade and travel restrictions with respect to Cuba unless such restrictions are renewed annually by a specified renewal resolution of the two Houses of Congress. Authorizes the President with respect to Cuba to: (1) impose certain export controls, and (2) exercise certain emergency economic powers.

A bill to require congressional renewal of trade and travel restrictions with respect to Cuba.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Brownfield Cleanup and Redevelopment
Revolving Loan Fund Pilot Project Act of 1996''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--The Congress finds the following:
            (1) Contaminated and underused or abandoned industrial
        sites in distressed communities are, economically, at a
        competitive disadvantage relative to greenfield sites, as
        capital for their cleanup and redevelopment may not be
        available.
            (2) Contaminated and underused and abandoned industrial
        properties located in distressed areas, owned by private,
        public, or nonprofit entities, often with significant economic
        development potential once cleaned up, are unable to secure
        initial financing for site remediation.
            (3) Considerable public benefits can accrue from such sites
        once cleaned up and brought back to productive reuse,
        especially those devoted to industrial purposes that employ
        environmentally sound practices.
            (4) Voluntary cleanup programs spur private sector cleanups
        when the property value is sufficient and its location
        favorable enough to make the additional costs of cleanup
        economically feasible, but this approach does not resolve the
        problems facing properties with little or no value, common
        among sites located in economically distressed areas.
            (5) Because of their experience in administering targeted
        loan assistance programs, States are in a good position to use
        Federal funds to capitalize revolving loan funds to support
        local cleanup and redevelopment projects.
    (b) Purpose.--The purpose of this Act is to establish a pilot
project to revitalize distressed communities by providing loans for
cleanup of certain industrial properties that have the potential to
attract private investment, foster clean manufacturing, and create jobs
for local residents.

SEC. 3. PILOT PROJECT PROVIDING REVOLVING LOAN FUND FOR CLEANUPS UNDER
              STATE VOLUNTARY CLEANUP PROGRAMS.

    (a) Establishment of Loan Program.--The Administrator of the
Environmental Protection Agency (hereinafter in this Act referred to as
the ``Administrator'') shall establish a pilot project to provide a
capitalization loan to one or more States that submit applications to
the Administrator to establish or expand a State revolving loan fund
for purposes of providing loans for voluntary environmental cleanups of
eligible facilities.
    (b) Application for Loan.--An application for a capitalization loan
under this section shall be in such form as the Administrator considers
appropriate. At a minimum, the application shall include each of the
following:
            (1) Evidence that the State is carrying out a voluntary
        cleanup program for eligible facilities. The Administrator
        shall ensure that the State voluntary program provides, at a
        minium, adequate opportunities for public participation,
        sufficient technical assistance, and oversight to ensure that
        cleanups comply with Federal and State laws, and certification
        to the owner and prospective purchaser that the cleanup is
        complete.
            (2) Evidence that the State will provide a matching share
        of at least 20 percent of the costs of such cleanup from either
        new or existing sources of State funding.
            (3) A description of the State's proposed revolving loan
        program and of the State's capability to manage the program.
        States may use interest income or loan repayments (in an amount
        equal to not more than 10 percent of their revolving loan fund
        amount) for program administrative purposes. At a minimum, the
        State's revolving loan program shall--
                    (A) provide loans to both public and private
                parties conducting voluntary cleanups under the State's
                voluntary cleanup program
                 who are unable to secure loans from private lending
institutions or other means of financing;
                    (B) require that borrowers demonstrate credit
                worthiness and the ability to carry out the cleanup;
                and
                    (C) give priority to loans for the purpose of
                cleaning up--
                            (i) facilities that are planned to be
                        reused for industrial purposes that employ
                        environmentally sound practices; and
                            (ii) facilities that will generate jobs for
                        contractors whose principal place of business
                        is the political subdivision in which the
                        facility is located or for laborers who reside
                        in such political subdivisions.
            (4) A statement that the State will begin repayment of the
        loan within 5 years after receipt of the loan, and evidence of
        the State's ability to repay the loan.
            (5) A statement that a loan from the revolving loan fund
        will not be used to pay for any of the following:
                    (A) New construction.
                    (B) Environmental fines or penalties.
                    (C) Speculative assessments or speculative
                rehabilitation at facilities with little or no
                potential for economic development.
            (6) Such other elements as the Administrator considers
        appropriate.
    (c) Amount of Loan.--The Administrator shall determine the
distribution of funds among the eligible States. The amount of a
capitalization loan made by the Administrator under this Act to a State
may not exceed 15 percent of the amount available each year to all the
eligible States.
    (d) Authorization.--There are authorized to be appropriated to the
Administrator for purposes of making capitalization loans to States
under the pilot project established by this section the sum of
$5,000,000 for fiscal year 1996 and $7,500,000 for each of the fiscal
years 1997 and 1998.

SEC. 4. DEFINITIONS.

    For purposes of this Act the term ``eligible facility'' means a
facility or property in a State that is determined by the State to have
environmental contamination that--
            (1) could prevent the timely use, development, or reuse of
        the facility or property; and
            (2) is limited in scope and can be comprehensively and
        readily evaluated.
        Such term shall not include any of the following:
            (A) A facility that is eligible for abatement action under
        section 106 of the Comprehensive Environmental Response,
        Compensation, and Liability Act of 1980.
            (B) A facility that, as of the date of the enactment of
        this Act, is subject to Federal enforcement action under the
        Comprehensive Environmental Response, Compensation, and
        Liability Act of 1980 (42 U.S.C. 9601 et seq.).
            (C) A facility included, or proposed for inclusion, on the
        National Priorities List or on the comprehensive environmental
        response, compensation, and liability inventory system
        (``CERCLIS'') that has been evaluated as high priority under
        the hazard ranking system.
            (D) A facility required to have a permit under section 3005
        of the Solid Waste Disposal Act that does not have a permit
        under that section and does not qualify for authorization to
        operate in interim status under subsection (e) of that section.
            (E) A land disposal unit with respect to which a closure
        notification under subtitle C of the Solid Waste Disposal Act
        (42 U.S.C. 6921 et seq.) is submitted and closure requirements
        are specified in a closure plan or permit.
            (F) A facility subject to corrective action under section
        3004(u) or 3008(h) of the Solid Waste Disposal Act (42 U.S.C.
        5924(u) or 6928(h)) that is evaluated as high priority under
        the Environmental Protection Agency's National Corrective
        Action Priority System as set forth in regulations under
        subtitle C of the Solid Waste Disposal Act.
            (G) A facility at which assistance for response activities
        may be obtained pursuant to subtitle I of the Solid Waste
        Disposal Act (42 U.S.C. 6991 et seq.) from the Leaking
        Underground Storage Tank Trust Fund established under section
        9508 of the Internal Revenue Code of 1986.
            (H) A facility owned or operated by a department, agency,
        or instrumentality of the United States.

Summary: Brownfield Cleanup and Redevelopment Revolving Loan Fund Pilot Project Act of 1996 - Directs the Administrator of the Environmental Protection Agency to establish a pilot project to provide capitalization loans to States to establish or expand revolving loan funds that provide loans for voluntary environmental cleanups of eligible facilities . Authorizes appropriations. Makes ineligible for such assistance facilities that are: (1) eligible for abatement actions, or subject to Federal enforcement action, under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980. (2) on or proposed for inclusion on the National Priorities List or evaluated as high priority under the hazard ranking system. (3) subject to certain actions, or unqualified to conduct certain hazardous waste disposal activities, under the Solid Waste Disposal Act, or (4) owned or operated by the United States.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Atchafalaya National Heritage Area
Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The Atchafalaya Basin area of Louisiana, designated by
        the Louisiana Legislature as the ``Atchafalaya Trace State
        Heritage Area'' and consisting of the area described in section
        5(b), is an area in which natural, scenic, cultural, and
        historic resources form a cohesive and nationally distinctive
        landscape arising from patterns of human activity shaped by
        geography.
            (2) The significance of the area is enhanced by the
        continued use of the area by people whose traditions have
        helped shape the landscape.
            (3) There is a national interest in conserving, restoring,
        promoting, and interpreting the benefits of the area for the
        residents of, and visitors to, the area.
            (4) The area represents an assemblage of rich and varied
        resources forming a unique aspect of the heritage of the United
        States.
            (5) The area reflects a complex mixture of people and their
        origins, traditions, customs, beliefs, and folkways of interest
        to the public.
            (6) The land and water of the area offer outstanding
        recreational opportunities, educational experiences, and
        potential for interpretation and scientific research.
            (7) Local governments of the area support the establishment
        of a national heritage area.

SEC. 3. PURPOSES.

    The purposes of this Act are--
            (1) to conserve, restore, promote, and interpret the
        significant resource values and functions of the Atchafalaya
        Basin area and advance sustainable economic development of the
        area;
            (2) to foster a close working relationship with all levels
        of government, the private sector, and the local communities in
        the area so as to enable those communities to conserve their
        heritage while continuing to pursue economic opportunities; and
            (3) to establish, in partnership with the State, local
        communities, preservation organizations, private corporations,
        and landowners in the Heritage Area, the Atchafalaya Trace
        State Heritage Area, as eligible parishes designated by the
        Louisiana Legislature, as the Atchafalaya National Heritage
        Area.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) Heritage area.--The term ``Heritage Area'' means the
        Atchafalaya National Heritage Area established by section 5(a).
            (2) Local coordinating entity.--The term ``local
        coordinating entity'' means the local coordinating entity for
        the Heritage Area designated by section 5(c).
            (3) Management plan.--The term ``management plan'' means
        the management plan for the Heritage Area developed under
        section 7.
            (4) Secretary.--The term ``Secretary'' means the Secretary
        of the Interior.
            (5) State.--The term ``State'' means the State of
        Louisiana.

SEC. 5. ATCHAFALAYA NATIONAL HERITAGE AREA.

    (a) Establishment.--There is established in the State the
Atchafalaya National Heritage Area.
    (b) Boundaries.--The Heritage Area shall consist of parishes that
are consistent with the tradition, purposes, goals, and culture of the
Heritage Area as determined by the Secretary in consultation with the
State. The Secretary shall give priority consideration to those
parishes in Atchafalaya State Heritage Area.
    (c) Local Coordinating Entity.--
            (1) In general.--The Atchafalaya Trace Commission shall be
        the local coordinating entity for the Heritage Area.
            (2) Composition.--The local coordinating entity shall be
        composed of 1 member appointed by the governing authority of
        each parish within the Heritage Area.

SEC. 6. AUTHORITIES AND DUTIES OF THE LOCAL COORDINATING ENTITY.

    (a) Authorities.--For the purposes of developing and implementing
the management plan approved by the Secretary, the local coordinating
entity may--
            (1) make grants to, and enter into cooperative agreements
        with, the State, units of local government, and private
        organizations;
            (2) hire and compensate staff; and
            (3) enter into contracts for goods and services.
    (b) Duties.--The local coordinating entity shall--
            (1) submit to the Secretary for approval a management plan;
            (2) implement the management plan, including providing
        assistance to units of government and others in--
                    (A) carrying out programs that recognize important
                resource values within the Heritage Area;
                    (B) encouraging sustainable economic development
                within the Heritage Area;
                    (C) establishing and maintaining interpretive sites
                within the Heritage Area; and
                    (D) increasing public awareness and appreciation
                for the natural, historic, and cultural resources of
                the Heritage Area;
            (3) adopt bylaws governing the conduct of the local
        coordinating entity; and
            (4) for any year for which Federal funds are received under
        this Act, submit to the Secretary a report that describes, for
        the year--
                    (A) the accomplishments of the local coordinating
                entity; and
                    (B) the expenses and income of the local
                coordinating entity.
    (c) Acquisition of Real Property.--No Federal funds authorized
under this Act may be used to acquire real property or any interest in
real property.
    (d) Public Meetings.--The local coordinating entity shall conduct
public meetings at least quarterly.

SEC. 7. MANAGEMENT PLAN.

    (a) In General.--The local coordinating entity shall develop a
management plan for the Heritage Area that incorporates an integrated
and cooperative approach to conserve, interpret, and enhance the
natural, scenic, cultural, historic, and recreational resources of the
Heritage Area consistent with local, State and Federal land use laws
and compatible with the economic viability of the Heritage Area.
    (b) Consideration of Other Plans and Actions.--In developing the
management plan, the local coordinating entity shall--
            (1) take into consideration Federal, State, and local plans
        land use, laws, and plans; and
            (2) invite the participation of residents, public agencies,
        and private organizations in the Heritage Area.
    (c) Contents.--The management plan shall include--
            (1) an inventory of the resources in the Heritage Area,
        including--
                    (A) a list of property in the Heritage Area that--
                            (i) relates to the purposes of the Heritage
                        Area; and
                            (ii) should be preserved, restored,
                        managed, or maintained because of the
                        significance of the property; and
                    (B) an assessment of cultural landscapes within the
                Heritage Area;
            (2) provisions for the conservation, interpretation, and
        enjoyment of the resources of the Heritage Area identified in
        the management plan and found by the Secretary to be consistent
        with this Act and consistent with economic viability of the
        Heritage Area;
            (3) an interpretation plan for the Heritage Area; and
            (4) a program for implementation of the management plan
        that includes--
                    (A) actions that may be carried out by units of
                government, private organizations, and public-private
                partnerships to protect the resources of the Heritage
                Area; and
                    (B) the identification of existing and potential
                sources of funding for implementing the plan.
    (d) Submission to Secretary for Approval.--
            (1) In general.--Not later than 3 years after the date of
        the enactment of this Act, the local coordinating entity shall
        submit the management plan to the Secretary for approval.
            (2) Effect of failure to submit.--If a management plan is
        not submitted to the Secretary by the date specified in
        paragraph (1), the Secretary shall not provide any additional
        funding under this Act until a management plan for the Heritage
        Area is submitted to the Secretary.
    (e) Approval.--
            (1) In general.--Not later than 90 days after receiving the
        management plan submitted under subsection (d)(1), the
        Secretary, in consultation with the State, shall approve or
        disapprove the management plan.
            (2) Action following disapproval.--
                    (A) In general.--If the Secretary disapproves a
                management plan under paragraph (1), the Secretary
                shall--
                            (i) advise the local coordinating entity in
                        writing of the reasons for the disapproval;
                            (ii) make recommendations for revisions to
                        the management plan; and
                            (iii) allow the local coordinating entity
                        to submit to the Secretary revisions to the
                        management plan.
                    (B) Deadline for approval of revision.--Not later
                than 90 days after the date on which a revision is
                submitted under subparagraph (A)(iii), the Secretary
                shall approve or disapprove the revision.
    (f) Revision.--
            (1) In general.--After approval by the Secretary of a
        management plan, the local coordinating entity shall
        periodically--
                    (A) review the management plan; and
                    (B) submit to the Secretary, for review and
                approval by the Secretary, the recommendations of the
                local coordinating entity for any revisions to the
                management plan that the local coordinating entity
                considers to be appropriate.
            (2) Expenditure of funds.--Funds made available under this
        Act shall be used only to implement the approved management
        plan.

SEC. 8. REQUIREMENTS FOR INCLUSION OF PRIVATE PROPERTY.

    (a) Notification and Consent of Property Owners Required.--No
privately owned property shall be preserved, conserved, or promoted by
the management plan for the Heritage Area until the owner of that
private property has been notified in writing by the management entity
and has given written consent to the management entity for such
preservation, conservation, or promotion.
    (b) Landowner Withdraw.--Any owner of private property included
within the boundary of the Heritage Area shall have that private
property immediately removed from the boundary by submitting a written
request to the management entity.

SEC. 9. PRIVATE PROPERTY PROTECTION.

    (a) Access to Private Property.--Nothing in this Act shall be
construed to--
            (1) require any private property owner to allow public
        access (including Federal, State, or local government access)
        to such private property; or
            (2) modify any provision of Federal, State, or local law
        with regard to public access to or use of private property.
    (b) Liability.--Designation of the Heritage Area shall not be
considered to create any liability, or to have any effect on any
liability under any other law, of any private property owner with
respect to any persons injured on that private property.
    (c) Participation of Private Property Owners in Heritage Area.--
Nothing in this Act shall be construed to require the owner of any
private property located within the boundaries of the Heritage Area to
participate in or be associated with the Heritage Area.

SEC. 10. EFFECT OF ACT.

    Nothing in this Act--
            (1) grants any Federal agency regulatory authority over any
        interest in the Heritage Area, unless cooperatively agreed to
        by all involved parties;
            (2) modifies, enlarges, or diminishes any authority of the
        Federal, or State, or local government to regulate any use of
        land as provided for by law (including regulations) in
        existence on the date of the enactment of this Act;
            (3) grants any power of zoning or land use to the local
        coordinating entity;
            (4) imposes any environmental, occupational, safety, or
        other rule, standard, or permitting process that is different
        from those in effect on the date of enactment of this Act that
        would be applicable had the Heritage Area not been established;
            (5) imposes any change in Federal environmental quality
        standards;
            (6) abridges, restricts, or alters any applicable rule,
        standard, or review procedure for permitting of facilities
        within or adjacent to the Heritage Area; or
            (7) affects the continuing use and operation, where located
        on the date of enactment of this Act, of any public or private
        facility, including any public utility or common carrier.

SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to carry out this Act
$10,000,000, of which not more than $1,000,000 shall be made available
for any fiscal year.

Summary: Atchafalaya National Heritage Area Act - Establishes the Atchafalaya National Heritage Area in Louisiana. Designates the Atchafalaya Trace Commission as the local coordinating entity of the Heritage Area. Prohibits the use of Federal funds authorized under this Act to acquire real property. Requires the Commission to develop and implement a management plan, subject to the Secretary of the Interior's approval, that incorporates an integrated and cooperative approach to conserve, interpret, and enhance the resources of the Heritage Area. Establishes a procedure for the voluntary inclusion of private property in the Heritage Area.

To establish the Atchafalaya National Heritage Area, Louisiana, and for other purposes.


SECTION 1. SHORT TITLE.

     This Act may be cited as the ``National Invasive Species Council
Act''.

SEC. 2. STATEMENT OF POLICY REGARDING FEDERAL DUTIES.

    (a) In General.--No Federal agency may authorize, fund, or carry
out any action that would likely cause or promote the introduction or
spread of an invasive species in the United States or any other
location, unless the head of the Federal agency, at his or her sole
discretion and pursuant to guidelines developed under subsection (b),
determines that--
            (1) the benefits of the action under consideration clearly
        outweigh the potential harm to the environment, economy, or
        human health caused by the introduction or spread of the
        invasive species; and
            (2) all feasible and prudent measures to minimize risk of
        harm to the environment, economy, or human health will be taken
        in carrying out the actions.
    (b) Guidelines.--The Council for Environmental Quality, in
conjunction with the Invasive Species Council, shall develop guidelines
for Federal agencies to analyze actions pursuant to this section.

SEC. 3. NATIONAL INVASIVE SPECIES COUNCIL.

    (a) Establishment.--There is established as an independent entity
within the executive branch the National Invasive Species Council. The
Council shall provide leadership and coordination among Federal
agencies, and between the Federal Government and State and local
governments, with respect to effort to minimize the economic,
ecological, and human health impacts that invasive species cause and
reduce the threat of further invasions.
    (b) Membership.--
            (1) In general.--The Council shall consist of the following
        members:
                    (A) The Secretary of the Interior.
                    (B) The Secretary of Agriculture.
                    (C) The Secretary of Commerce.
                    (D) The Secretary of State.
                    (E) The Secretary of the Treasury.
                    (F) The Secretary of Defense.
                    (G) The Secretary of Transportation.
                    (H) The Secretary of Health and Human Services.
                    (I) The Administrator of the Environmental
                Protection Agency.
                    (J) The Administrator of the United States Agency
                for International Development.
                    (K) Such additional members as may be appointed
                under paragraph (2).
            (2) Additional members.--With the concurrence of a majority
        of the members of the Council, the Chair of the Council may
        appoint additional members to the Council from among
        individuals who are officers or employees of the Federal
        Government with significant responsibilities concerning
        invasive species.
    (c) Chair.--The Secretary of the Interior shall serve as chair of
the Council for the three-year period beginning on the date of the
enactment of this Act. Thereafter, the chair shall rotate every three
years among the following members, in the order stated:
            (1) The Secretary of Agriculture.
            (2) The Secretary of Commerce.
            (3) The Secretary of the Interior.
    (d) Meetings.--The Council shall meet at least semiannually, at the
call of chair.
    (e) Executive Director.--
            (1) Appointment.--The President shall appoint the Executive
        Director of the Council, by and with the advice and consent of
        the Senate.
            (2) Consultation.--Before appointing an individual under
        paragraph (1), the President shall consult with the Secretary
        of the Interior, the Secretary of Agriculture, and the
        Secretary of Commerce.
            (3) Qualifications.--An individual appointed under this
        subsection must have legal or scientific experience and
        training in the area of natural resources, ecology, or
        agriculture, and experience in dealing with public policy
        matters regarding aquatic and terrestrial invasive species.
            (4) Term.--The Executive Director of the Council shall
        serve a term of six years, unless removed earlier by the
        President.
            (5) Compensation.--The Executive Director shall be paid at
        the maximum rate of basic pay for GS-15 of the General
        Schedule.

SEC. 4. DUTIES.

    (a) In General.--The Council shall ensure that Federal agency
efforts concerning invasive species are coordinated, effective,
complementary, and cost-efficient.
    (b) Specific Functions.--To carry out subsection (a) the Council
shall perform the following functions:
            (1) Coordinate with existing organizations addressing
        invasive species, such as the Aquatic Nuisance Species Task
        Force, the Federal Interagency Committee for the Management of
        Noxious and Exotic Weeds, regional panels established under the
        Nonindigenous Aquatic Nuisance Prevention and Control Act of
        1990 (16 U.S.C. 4701 et seq.), and the White House Office of
        Science and Technology Policy, to implement the National
        Management Plan.
            (2) Develop recommendations for international cooperation
        between Federal and State Governments and other nations on
        tools, policies, and methods to prevent the introduction and
        export of invasive species into and from, respectively, the
        United States.
            (3) Develop guidelines for Federal agency efforts to ensure
        that Federal programs concerning invasive species, including
        outreach programs, are coordinated with State, local, and
        tribal governments.
            (4) Develop, in consultation with the Council on
        Environmental Quality, guidance to Federal agencies pursuant to
        the National Environmental Policy Act of 1969 (42 U.S.C. 4321
        et seq.) on prevention, control, and eradication of invasive
        species.
            (5) Establish and maintain a publicly accessible,
        coordinated, up-to-date information sharing system that--
                    (A) allows the access to and exchange of
                information among Federal agencies and the public; and
                    (B) utilizes, to the greatest extent practicable,
                the Internet.
            (6) Ensure that Federal agencies implement the plans,
        programs, and policies adopted by the Council in the National
        Management Plan through appropriate actions, including working
        in cooperation with Federal agencies on development of budgets
        pursuant to the President's annual budget submission to the
        Congress.
            (7) Evaluate Federal programs that are likely to cause or
        promote the introduction or spread of invasive species in the
        United States, and recommend actions Federal agencies can take
        to minimize the risk of introductions or further spread of
        invasive species.
            (8) Develop and submit to the appropriate Committees of the
        House of Representatives and Senate and the Director of the
        Office of Management and Budget an annual list of priorities,
        ranked in high, medium, and low categories, of Federal efforts
        and programs in the following areas:
                    (A) Prevention.
                    (B) Eradication.
                    (C) Control.
                    (D) Monitoring.
                    (E) Research.
                    (F) Outreach.

SEC. 5. NATIONAL INVASIVE SPECIES MANAGEMENT PLAN.

    (a) Development.--
            (1) In general.--The Council shall develop a National
        Invasive Species Management Plan that details and recommends
        performance-oriented goals and specific measures of success for
        carrying out each of the Federal agency activities related to
        invasive species.
            (2) Development process.--The National Management Plan
        shall be developed through a public process and in consultation
        with Federal agencies, appropriate State and local entities,
        and other appropriate stakeholders.
            (3) Contents.--The National Management Plan shall include
        recommendations of effective, cost-efficient, environmentally
        sound, and science-based approaches for the following:
                    (A) Prevention of the introduction of invasive
                species, including approaches for identifying pathways
                by which invasive species are introduced and for
                minimizing the risk of introductions via those
                pathways. Recommended approaches under this
                subparagraph shall provide for--
                            (i) a process to evaluate risks associated
                        with the introduction and spread of invasive
                        species; and
                            (ii) a coordinated and systematic risk-
                        based process to identify, monitor, and
                        interdict pathways that may be involved in the
                        introduction of invasive species.
                    (B) Cooperating with other nations to increase
                their capacity to control their invasive species and to
                prevent the spread of invasive species across
                international borders.
                    (C) Rapidly detecting and responding to incipient
                invasions of invasive species.
                    (D) Managing new and established populations of
                invasive species by eradicating them or controlling
                their spread.
                    (E) Accurately and reliably monitoring new and
                established populations of invasive species.
                    (F) Restoring native species and habitat conditions
                in ecosystems that have been invaded by invasive
                species.
                    (G) Evaluating and documenting the impacts of
                invasive species on the economy, the environment, and
                human health.
                    (H) Conducting research on the matters referred to
                in subparagraphs (A) through (F).
                    (I) Developing technologies to prevent the
                introduction and provide for the management of invasive
                species.
                    (J) Promoting public education on invasive species
                and the means to address them.
            (4) Identification of needed personnel, etc.--The National
        Management Plan shall identify the personnel, other resources,
        and additional levels of coordination needed to achieve the
        goals included in the plan.
    (b) Existing Plan.--The Management Plan of the National Invasive
Species Council adopted in 2001 shall be treated as the National
Management Plan required under subsection (a) until the date of the
issuance of the National Management plan in accordance with subsection
(c).
    (c) Issuance and Update of National Management Plan.--The Council
shall--
            (1) issue the National Management Plan required under
        subsection (a) by not later than December 31, 2003;
            (2) update the National Management Plan by not later than
        December 31 biennially; and
            (3) concurrently with the process of updating the National
        Management Plan, evaluate and report to the Congress on success
        in achieving the goals set forth in the National Management
        Plan.
    (d) Agency Reports.--Within 18 months after the date of the
issuance of any edition of the National Management Plan that recommends
action by a Federal agency, the head of such agency shall report to the
Congress any of such actions that the agency has not taken, with an
explanation of why the action is not feasible.

SEC. 6. INVASIVE SPECIES ADVISORY COMMITTEE.

    (a) In General.--The Council shall have an advisory committee to
provide information and advice for consideration by the Council, which
shall be known as the Invasive Species Advisory Committee. Except as
otherwise provided in this section, the advisory committee shall be
organized, perform the functions, and have the authorities specified in
the charter for such advisory committee signed by the Secretary of the
Interior on October 30, 2001.
    (b) Appointment.--Members of the advisory committee shall be
appointed by the chair of the Council, after consultation with the
other members of the Council, from among individuals representing
stakeholders with respect to Federal programs for minimizing the
economic, ecological, and human health impacts that invasive species
cause.
    (c) Functions.--In addition to the functions specified in the
charter referred to in subsection (a), the advisory committee shall
recommend to the Council plans and actions at local, tribal, State,
regional, and ecosystem-based levels to achieve the goals of the
National Management Plan required under section 5.
    (d) Continuing Operation of Existing Committee.--Any advisory
committee appointed before the date of the enactment of this Act
pursuant to the charter referred to in subsection (a) may continue in
effect under this section.

SEC. 7. BUDGET CROSSCUT.

    The Director of the Office of Management and Budget shall prepare
and submit to the Congress and the Council, by not later than March 31
of 2003 and of each year thereafter, a budget analysis and summary of
all Federal programs relating to invasive species

SEC. 8. DEFINITIONS.

     In this Act:
            (1) Council.--The term ``Council'' means the National
        Invasive Species Council established by section 3(a).
            (2) Invasive species.--The term ``invasive species'' means
        a species--
                    (A) that is nonnative to the ecosystem under
                consideration; and
                    (B) the introduction of which causes or may cause
                harm to the economy, the environment, or human health.
            (3) National management plan.--The term ``National
        Management Plan'' means the National Invasive Species
        Management Plan developed by the Council under section 5(a).
            (4) Species.--The term ``species'' means a category of
        taxonomic classification ranking below a genus or subgenus and
        consisting of related organisms capable of interbreeding.

SEC. 9. EXISTING EXECUTIVE ORDER.

     Executive Order 13112, dated February 3, 1999, shall have no force
or effect.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

     There is authorized to be appropriated to carry out this Act
$2,000,000 for each of fiscal years 2004 through 2006.

Summary: National Invasive Species Council Act - Declares that no Federal agency may authorize, fund, or carry out any action that would likely cause or promote the introduction or spread of an invasive species in the United States or any other location, unless the agency head determines that: (1) the benefits outweigh the potential harm to the environment, economy, or human health. And (2) all feasible and prudent measures to minimize the risk or harm will be taken. Requires the Council for Environmental Quality, in conjunction with the National Invasive Species Council, to develop guidelines for such measures. Establishes within the executive branch the National Invasive Species Council to ensure that Federal agency efforts concerning invasive species are coordinated, effective, complementary, and cost-efficient. Requires the Council to develop a National Invasive Species Management Plan that details and recommends performance-oriented goals. Requires the Council to create the Invasive Species Advisory Committee to provide information and advice for consideration by the Council. Requires the Director of the Office of Management and Budget to prepare and submit to Congress and the Council a yearly budget analysis and summary of all Federal programs relating to invasive species.

To establish the National Invasive Species Council, and for other purposes.


PILOT PROGRAM.

    (a) Amendment to Chapter 12 of Title 5.--Chapter 12 of title 5,
United States Code, is amended by adding immediately after section 1206
the following:
``Sec. 1207. Establishment of alternative dispute resolution program
    ``(a) In General.--
            ``(1) The Merit Systems Protection Board is authorized to
        establish a 3-year program to provide employees and agencies
        with alternative dispute resolution processes to apply to
        workplace disputes and disagreements involving removals,
        suspensions for more than 14 days, and other adverse actions
        under section 7512.
            ``(2) The Board shall test and evaluate a variety of
        alternative dispute resolution techniques, which may include--
                    ``(A) settlement judges or attorneys;
                    ``(B) mediation through use of shared neutrals;
                    ``(C) mediation by Merit Systems Protection Board
                staff or others as appointed by the Chairman;
                    ``(D) administrative arbitration; and
                    ``(E) certified alternative dispute resolution
                counselors (agency personnel specifically trained in
                Board law and alternative dispute resolution
                techniques).
    ``(b) Early Intervention Alternative Dispute Resolution.--
            ``(1) Invoking resolution process.--The Board's early
        intervention alternative dispute resolution process may be
        invoked after an agency has issued a notice letter of a
        proposed action to an employee but before a final decision has
        been made under section 7513.
            ``(2) Early intervention.--Any agency or employee may seek
        early intervention alternative dispute resolution from the
        Board by filing a request with the Board. If the Board
        determines that alternative dispute resolution is appropriate,
        the parties shall participate.
            ``(3) Mandatory resolution.--The Chairman of the Merit
        Systems Protection Board is authorized to designate up to 3
        agencies with a substantial volume of Board appeals for
        participation in a mandatory early intervention alternative
        dispute resolution program. Under this alternative dispute
        resolution process, all matters appealable under section 7512
        shall be subject to early intervention alternative dispute
        resolution unless the Board determines that the matter is not
        appropriate for the program or a statute or collective
        bargaining agreement precludes inclusion of the matter in the
        alternative dispute resolution program.
    ``(c) Alternative Dispute Resolution After an Appeal or Petition
for Review Is Filed.--
            ``(1) Appeal or petition for review.--Once an appeal or
        petition for review is filed with the Board, any employee or
        agency may request that a case be selected for alternative
        dispute resolution. The request shall be filed with the
        administrative judge assigned to the appeal or with the Clerk
        of the Board if the matter is before the Board on petition for
        review at the same time that the appeal or petition for review
        is filed.
            ``(2) Selection of cases.--The Board shall have sole
        authority to select cases for alternative dispute resolution
        after an appeal or petition for review is filed. The Board may
        also select cases for alternative dispute resolution as it
        determines appropriate.
    ``(d) Implementation.--
            ``(1) Program duties.--In carrying out the program under
        this section, the Board shall--
                    ``(A) develop and prescribe standards for selecting
                and handling cases in which alternative dispute
                resolution is to be used;
                    ``(B) take such actions as may be necessary,
                including waiver of all statutory, regulatory, or Board
                imposed adjudicatory time frames; and
                    ``(C) establish a time target within which it
                intends to complete the alternative dispute resolution
                process.
            ``(2) Extension.--A party may request an extension of the
        alternative dispute resolution period, or the Board may extend
        the time period as it finds appropriate.
            ``(3) Recruitment.--The Chairman of the Merit Systems
        Protection Board may recruit and hire temporary staff or
        contractors to carry out this section.
            ``(4) Regulations.--The Board is authorized to prescribe
        such regulations as may be necessary to implement the
        alternative dispute resolution program.
    ``(e) Evaluation.--
            ``(1) Criteria.--The Board's Office of Policy and
        Evaluation shall establish criteria for evaluating the
        alternative dispute resolution program and prepare a report
        containing findings and recommendations as to whether mandatory
        alternative dispute resolution is desirable, effective, and
        appropriate for cases decided by Federal administrative
        agencies under proceedings governed by chapters 5 and 7.
            ``(2) Report content.--The report shall include--
                    ``(A) the number of cases subject to the
                alternative dispute resolution program, the agencies
                involved, the results, and the resources expended;
                    ``(B) a comprehensive analysis of the effectiveness
                of the program, including whether it is cost-effective;
                    ``(C) a survey of the satisfaction of participants;
                and
                    ``(D) a recommendation regarding the desirability
                of extending the alternative dispute resolution program
                beyond the prescribed expiration date and any
                recommended changes.
            ``(3) Report date.--The report shall be submitted to the
        President and the Congress 180 days following the close of the
        alternative dispute resolution program.''.
    (b) Appropriations.--
            (1) In general.--For the purpose of carrying out the
        alternative dispute resolution program established by the
        amendment made by subsection (a), there are authorized to be
        appropriated the following sums: $1,000,000 for fiscal year
        2000; $1,000,000 adjusted by the most recent percentage change
        in the employment cost index (ECI) for fiscal year 2001; and
        $1,000,000 adjusted by the most recent percentage change in the
        ECI for fiscal year 2002.
            (2) No reductions.--The authorization of appropriations by
        paragraph (1) shall not have the effect of reducing any funds
        appropriated for the Board for the purpose of carrying out its
        statutory mission under section 1204.
    (c) Effective Date.--The amendment made by subsection (a) shall
take effect no later than the close of the 60th day after the date of
enactment of appropriations authorized by subsection (b)(1) for fiscal
year 2000 and shall remain in effect for 3 years from the effective
date.
    (d) Conforming Amendment.--The table of sections for subchapter I
of chapter 12 of title 5, United States Code, is amended by adding
after the item relating to section 1206 the following new item:

``1207. Establishment of alternative dispute resolution program.''.

SEC. 3. POLICY AND FINDINGS.

    (a) Policy.--Chapter 53 of title 5, United States Code, is amended
to establish an MSPB Administrative Judge Pay Schedule and to provide
MSPB administrative judges with pay that is comparable to that of
immigration judges (IJs) and administrative law judges (ALJs).
    (b) Findings.--The Congress finds that--
            (1) MSPB administrative judges perform work at the same
        level of importance and complexity as immigration judges and
        administrative law judges. Federal employees deserve to have
        their cases heard by judges with the same pay and status as the
        judges who hear private sector benefits and employment law
        cases. Veterans in the Federal workforce deserve to have their
        cases heard by judges with the same pay and status as the
        judges who hear cases involving illegal aliens.
            (2) MSPB administrative judges are leaving the Board for
        positions with other adjudicatory agencies. During the past 4
        years, the Board has lost 20 percent of its most experienced
        judges to other adjudicatory agencies. MSPB administrative
        judges should not have to leave the agency to achieve the pay
        and status they deserve when they are adjudicating cases with
        the same importance and complexity as cases heard by IJs and
        ALJs.

SEC. 4. MERIT SYSTEMS PROTECTION BOARD ADMINISTRATIVE JUDGES AND
              COMPENSATION.

    (a) Amendment to Chapter 53 of Title 5.--Chapter 53 of title 5,
United States Code, is amended by adding immediately after section
5372a the following:
``Sec. 5372b. Merit Systems Protection Board administrative judges
    ``(a) Definitions.--For the purposes of this section--
            ``(1) the term `administrative judge (AJ)' means an
        employee of the Merit Systems Protection Board appointed to an
        administrative judge position and paid under the MSPB
        Administrative Judge Schedule established by subsection (b);
        and
            ``(2) the term `administrative judge (GS)' means an
        employee of the Merit Systems Protection Board appointed to an
        administrative judge position and paid under the General
        Schedule described in section 5332 of this title.
    ``(b) In General.--There is established the MSPB Administrative
Judge Pay Schedule which shall have 4 levels of pay, designated as AJ-
1, -2, -3, and -4. Each administrative judge (AJ) shall be paid at one
of those levels in accordance with subsection (c).
    ``(c) Rates of Pay.--
            ``(1) Basic pay.--The rates of basic pay for the levels of
        the MSPB Administrative Judge Pay Schedule established by the
        subsection (b) shall be as follows:
                    ``(A) AJ-1: 70 percent of the next to highest rate
                of basic pay for the Senior Executive Service.
                    ``(B) AJ-2: 80 percent of the next to highest rate
                of basic pay for the Senior Executive Service.
                    ``(C) AJ-3: 90 percent of the next to highest rate
                of basic pay for the Senior Executive Service.
                    ``(D) AJ-4: 92 percent of the next to highest rate
                of basic pay for the Senior Executive Service.
            ``(2) Locality pay.--Locality pay as provided by section
        5304 shall be applied to the basic pay for administrative
        judges (AJ) paid under the MSPB Administrative Judge Pay
        Schedule.
    ``(d) Appointment and Advancement.--
            ``(1) Initial appointment.--Except as provided in paragraph
        (3), initial appointment of an administrative judge (AJ) shall
        be at the AJ-1 pay level. Subject to subsection (d)(2), an
        administrative judge (AJ) shall be advanced to AJ-2 upon
        completion of 104 weeks of service, to AJ-3 upon completion of
        104 weeks of service at the next lower level, and to AJ-4 upon
        completion of 52 weeks of service at the next lower level.
            ``(2) Advancement.--Advancement to the AJ-2, -3, and -4
        levels as provided by paragraph (1) shall not be effected if
        the Chairman of the Merit Systems Protection Board determines
        that the work of an administrative judge (AJ) at the next lower
        level is not of an acceptable level of competence. An
        administrative judge (AJ) may appeal an adverse acceptable
        level of competence determination to the Merit Systems
        Protection Board under the same conditions by which an
        administrative judge (GS) may appeal the denial of a periodic
        step increase in pay under section 5335(c).
            ``(3) Exception.--Notwithstanding paragraph (1), the
        Chairman of the Merit Systems Protection Board may provide for
        initial appointment of an administrative judge (AJ) at a level
        higher than AJ-1 under such circumstances as the Chairman may
        determine appropriate.
            ``(4) Conversion.--An administrative judge (GS), who
        occupies a level below grade 15 of the General Schedule, may,
        when entitled by tenure and performance to be advanced to grade
        15 of the General Schedule, be converted to the MSPB
        Administrative Judge Pay Schedule and appointed at the AJ-1
        level.''.
    (b) Transition Provisions.--
            (1) Conversion to mspb administrative judge pay schedule.--
        Subject to paragraphs (2) and (3), an administrative judge (GS)
        who is serving as of the effective date of this section and who
        occupies the grade 15 level of the General Schedule shall be
        converted to the MSPB Administrative Judge Pay Schedule and
        appointed as an administrative judge (AJ). Each administrative
        judge (AJ) so converted shall be placed in the appropriate pay
        level prescribed under section 5372(c) of title 5, United
        States Code, as added by subsection (a), based on the amount of
        time the administrative judge (AJ) has served as an
        administrative judge (GS).
            (2) Limitation on conversion.--Conversion of an
        administrative judge (GS) to administrative judge (AJ) under
paragraph (1) shall not be effected if the Chairman of the Merit
Systems Protection Board determines that the work of an administrative
judge (GS) at the grade 15 level of the General Schedule is not of an
acceptable level of competence. An administrative judge (AJ) may appeal
an adverse acceptable level of competence determination to the Merit
Systems Protection Board under the same conditions by which an
administrative judge (GS) may appeal the denial of a periodic step
increase in pay under section 5335(c).
            (3) Limitation on pay increases.--Notwithstanding the rates
        of basic pay prescribed under section 5372(c) of title 5,
        United States Code, as added by subsection (a), the Chairman of
        the Merit Systems Protection Board may, on the effective date
        of this section and each year for a period of 7 years
        thereafter, limit the pay increase for each administrative
        judge (AJ) to an adjustment equal to--
                    (A) the percentage pay adjustment received by
                members of the Senior Executive Service under section
                5382(c) of this title, if any;
                    (B) locality pay under section 5304; and
                    (C) an additional $3,000.
        The Senior Executive Service percentage pay adjustment, if any,
        shall be included in basic pay. Annual adjustments in pay after
        the effective date of this section will be made on the first
        day of the first pay period of each calendar year. The
        limitation on pay increases under this subsection may continue
        during the time period prescribed by this subsection until such
        time as the pay of each administrative judge (AJ) reaches the
        appropriate rate of basic pay under section 5372b(c) of title
        5, United States Code, as added by subsection (a). The Chairman
        may waive any limitation on pay under this subsection in the
        case of an administrative judge (AJ) serving as a chief
        administrative judge.
            (4) Pay in relation to grade 15 of the general schedule.--
        In no case shall an administrative judge (AJ) who is converted
        in accordance with paragraph (1), or whose pay increase in any
        year is limited under paragraph (3), be paid after the
        effective date of this section at a rate that is less than the
        adminstrative judge's (AJ) rate of pay would have been had the
        administrative judge (AJ) remained as an administrative judge
        (GS) occupying the grade 15 level of the General Schedule.
            (5) Definitions.--For purposes of this subsection--
                    (A) the term ``administrative judge (AJ)'' means an
                employee of the Merit Systems Protection Board
                appointed to an administrative judge position and paid
                under the MSPB Administrative Judge schedule
                established by the amendment made by subsection (a);
                and
                    (B) the term ``administrative judge (GS)'' means an
                employee of the Merit Systems Protection Board
                appointed to an administrative judge position and paid
                under the General Schedule described in section 5332 of
                this title.
    (c) Appropriations.--
            (1) In general.--There are authorized to be appropriated
        such sums as are necessary for the purpose of carrying out this
        section.
            (2) No reduction.--The authorization of appropriations by
        paragraph (1) shall not have the effect of reducing any funds
        appropriated for the Board for the purpose of carrying out its
        statutory mission under section 1204 of title 5, United States
        Code.
    (d) Effective Date.--This section shall take effect on the first
day of the first pay period of the calendar year immediately following
the date of enactment of appropriations authorized by subsection
(c)(1).
    (e) Conforming Amendment.--The table of sections for subchapter VII
of chapter 53 of title 5, United States Code, is amended by adding
after the item relating to section 5372a the following new item:

``5372b. Merit Systems Protection Board administrative judges.''.

Summary: Amends Federal civil service law to authorize the Merit Systems Protection Board (MSPB) to establish a three-year program to provide Federal employees and agencies with alternative dispute resolution (ADR) processes to apply to workplace disputes and disagreements involving removals, suspensions for more than 14 days, and other adverse actions under Federal civil service law. Directs the MSPB to test and evaluate a variety of ADR techniques. Authorizes the MSPB to implement its early intervention ADR, allowing any agency or employee to request such early intervention, and authorizing the MSPB Chairman to designate up to three agencies with a substantial number of MSPB appeals for participation in a mandatory early intervention ADR program. Allows any employee or agency to request ADR once an appeal or petition for review of a case is filed with the MSPB. Outlines MSPB procedures for such cases. Direct the MSPB's Office of Policy and Evaluation to establish criteria for evaluating the ADR program and to prepare a report as to whether mandatory ADR is desirable, effective, and appropriate for cases decided by Federal administrative agencies. Authorizes appropriations for the ADR program. Establishes the MSPB Administrative Judge Pay Schedule, with pay levels comparable to that of immigration judges and administrative law judges. Provides, with respect to such Schedule, for initial appointment and advancement, and transition provisions for current judges. Authorizes appropriations to carry out such Schedule.

To amend title 5, United States Code, to authorize the Merit Systems Protection Board to conduct an alternative dispute resolution pilot program to assist Federal Government agencies in resolving serious workplace disputes, and to establish an administrative judge pay schedule for administrative judges employed by the Merit Systems Protection Board.


SECTION 1. FINDINGS.
    Congress finds the following:
        (1)(A) Private First Class Franklin Runyon Sousley was born on
    September 19, 1925, in Hilltop, Kentucky. Sousley served as a
    marine in the United States Marine Corps during the period
    beginning on January 5, 1944, and ending March 21, 1945. Sousley
    graduated from Fleming County High School in May 1943 and chose to
    enlist in the United States Marine Corps. Upon completion of
    military basic training, he was assigned to Company E, 2d
    Battalion, 28th Marines, of the 5th Marines Division at Camp
    Pendleton, California, as an automatic rifleman.
        (B) Private Sousley was promoted to a private first class on
    November 22, 1944. Pfc. Sousley landed on Iwo Jima on Friday,
    February 19, 1945, and actively fought in the battle for the
    islands. During the intense fighting, members of the United States
    Armed Forces secured Mount Suribachi and hoisted a United States
    flag on top of the summit on February 23, 1945. On February 23,
    1945, Pfc. Sousley, alongside Corporal Harlon Block, HM John
    Bradley, Pfc. Rene Gagnon, Pfc. Ira Hayes, and Sergeant Michael
    Strank followed orders to raise a larger United States flag so it
    could be seen over the island. The iconic photograph taken of the
    six men, while they raised the United States flag attached to a
    heavy Japanese pipe has led to an immortalized symbol of American
    bravery, perseverance, and sacrifice endured by members of the
    United States Armed Forces during the intense battles of World War
    II. Pfc. Sousley was killed in combat by a Japanese sniper around
    Kitano Point on March 21, 1945.
        (C) Originally buried in the 5th Marine Division Cemetery at
    Iwo Jima in plot 9, row 8, grave 2189, on March 22, 1945, his
    remains were returned to the United States on May 8, 1947, where he
    was finally laid to rest at Elizaville Cemetery in Fleming County,
    Kentucky. Pfc. Sousley was posthumously awarded the Purple Heart,
    the Combat Action Ribbon, the Presidential Unit Citation with \5/
    16\" Silver Star, the American Campaign Medal, the Asiatic-Pacific
    Campaign Medal with \3/16\" Bronze Star, and the World War II
    Victory Medal.
        (2)(A) Mr. Troy Bowling was born on July 2, 1926, in Hamilton,
    Ohio and completed his life's service on June, 17, 2017, at the age
    of 90 years old. At age 17, Mr. Bowling began his service as a
    United States Marine and was a proud member of the Easy Company,
    2nd Battalion, 27th Marines, 5th Division. During the United States
    campaign to end the war against Japan, Mr. Bowling's unit was among
    the first to arrive on the beachheads of Iwo Jima.
        (B) While attempting to secure Mt. Suribachi, his unit came
    under intense and concentrated fire, completely overwhelming his
    unit. Two projectiles struck Mr. Bowling in the chest and leg,
    leaving him critically wounded on the battlefield. At that moment,
    Mr. Bowling said he looked to the heavens and committed to serving
    mankind for the rest of his life if he survived.
        (C) Miraculously, a combat photographer and medical team then
    carried Mr. Bowling to the safety of a landing craft where he
    witnessed the planting of the American flag atop Mt. Suribachi--an
    iconic image that persists as one of the most legendary and
    triumphant moments of the war. The United States Marines eventually
    took control of the island; however, this victory came at a heavy
    cost as more than 6,800 United States service members gave their
    lives during the battle of Iwo Jima.
        (D) In keeping faith with his commitment to God made during
    that battle, Mr. Bowling devoted more than 78,000 hours of
    volunteer service to others at the Lexington VA Medical Center. For
    more than 66 years, Mr. Bowling has risen through the ranks within
    the Disabled American Veterans (DAV) organization, holding nearly
    every position possible, including State Commander. Mr. Bowling
    received the George H. Seal Award for outstanding volunteer, which
    he received at the 2005 National DAV Convention in Las Vegas and
    the Lifetime Service Achievement Award from the Department of
    Veteran Affairs. Mr. Bowling was also nominated and selected to be
    inducted in the Kentucky Veterans Hall of Fame for his lifetime of
    service to veterans.
SEC. 2. LEXINGTON VA HEALTH CARE SYSTEM.
    (a) Designation.--The health care system of the Department of
Veterans Affairs in Lexington, Kentucky, shall after the date of the
enactment of this Act be known and designated as the ``Lexington VA
Health Care System''.
    (b) References.--Any reference in any law, regulation, map,
document, paper, or other record of the United States to the health
care system referred to in subsection (a) shall be deemed to be a
reference to the ``Lexington VA Health Care System''.
SEC. 3. TROY BOWLING CAMPUS.
    (a) Designation.--The health care facility of the Department of
Veterans Affairs located at 1101 Veterans Drive in Lexington, Kentucky,
shall after the date of the enactment of this Act be known and
designated as the ``Troy Bowling Campus''.
    (b) References.--Any reference in any law, regulation, map,
document, paper, or other record of the United States to the health
care facility referred to in subsection (a) shall be deemed to be a
reference to the ``Troy Bowling Campus''.
SEC. 4. FRANKLIN R. SOUSLEY CAMPUS.
    (a) Designation.--The health care facility of the Department of
Veterans Affairs located at 2250 Leestown Road in Lexington, Kentucky,
shall after the date of the enactment of this Act be known and
designated as the ``Franklin R. Sousley Campus''.
    (b) References.--Any reference in any law, regulation, map,
document, paper, or other record of the United States to the health
care facility referred to in subsection (a) shall be deemed to be a
reference to the ``Franklin R. Sousley Campus''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and
                                               President of the Senate.

Summary: This bill designates the Department of Veterans Affairs: (1) health care system in Lexington, Kentucky, as the quot, Lexington VA Health Care System,quot. (2) health care facility at 1101 Veterans Drive, Lexington, Kentucky, as the quot, Troy Bowling Campus,quot. And (3) health care facility at 2250 Leestown Road, Lexington, Kentucky, as the quot, Franklin R. Sousley Campus. quot,

To designate the health care system of the Department of Veterans Affairs in Lexington, Kentucky, as the "Lexington VA Health Care System" and to make certain other designations.


SECTION 1. SHORT TITLE; FINDINGS.

    (a) Short Title.--This Act may be cited as the ``Rural Equity
Payment Index Reform Act of 2003''.
    (b) Findings.--Congress makes the following findings:
            (1) Variations in the physician work adjustment factors
        under section 1848(e) of the Social Security Act (42 U.S.C.
        1395w-4w(e)) result in a physician work payment inequity
        between urban and rural localities under the medicare physician
        fee schedule.
            (2) The amount the medicare program spends on its
        beneficiaries varies substantially across the country, far more
        than can be accounted for by differences in the cost of living
        or differences in health status.
            (3) Since beneficiaries and others pay into the program on
        the basis of income and wages and beneficiaries pay the same
        premium for part B services, these payments result in
        substantial cross-subsidies from people living in low payment
        States with conservative practice styles or beneficiary
        preferences to people living in higher payment States with
        aggressive practice styles or beneficiary preferences.
            (4) Congress has been mindful of these variations when it
        comes to capitation payments made to managed care plans under
        the Medicare+Choice program and has put in place floors that
        increase monthly payments by more than one-third in some of the
        lowest payment counties over what would otherwise occur. But
        this change addresses only a very small fraction of medicare
        beneficiaries who are presently enrolled in Medicare+Choice
        plans operating in low payment counties.
            (5) Unfortunately, Congress has only begun to address the
        underlying problem of substantial geographic variations in fee-
        for-service spending under traditional medicare.
            (6) Improvements in rural hospital payment systems under
        the medicare program help to reduce aggregate per capita
        payment variation as rural hospitals are in large part located
        in low payment counties.
            (7) Many rural communities have great difficulty attracting
        and retaining physicians and other skilled health
        professionals.
            (8) Targeted efforts to provide relief to rural doctors in
        low payment localities would further reduce variation by
        improving access to primary and tertiary services along with
        more equitable payment.
            (9) Geographic adjustment factors in the medicare program's
        resource-based relative value scale unfairly suppress fee-for-
        service payments to rural providers.
            (10) Actual costs are not presently being measured
        accurately and payments do not reflect the costs of providing
        care.
            (11) Unless something is done about medicare payment in
        rural areas, as the baby boom cohort ages into medicare, the
        financial demands on rural communities to subsidize care for
        their aged and disabled medicare beneficiaries will progress
        from difficult to impossible in another 10 years.
            (12) The impact on rural health care infrastructure will be
        first felt in economically depressed rural areas where the
        ability to shift costs is already limited.

SEC. 2. PHYSICIAN FEE SCHEDULE WAGE INDEX REVISION.

    Section 1848(e)(1) of the Social Security Act (42 U.S.C. 1395w-
4(e)(1)) is amended--
            (1) in subparagraph (A), by striking ``subparagraphs (B)
        and (C)'' and inserting ``subparagraphs (B), (C), and (E)'';
        and
            (2) by adding at the end the following new subparagraph:
                    ``(E) Floor for work geographic indices.--
                            ``(i) In general.--Notwithstanding the work
                        geographic index otherwise calculated under
                        subparagraph (A)(iii), in no case may the work
                        geographic index applied for payment under this
                        section be less than--
                                    ``(I) 0.976 for services furnished
                                during 2004;
                                    ``(II) 0.987 for services furnished
                                during 2005;
                                    ``(III) 0.995 for services
                                furnished during 2006; and
                                    ``(IV) 1.000 for services furnished
                                during 2007 and subsequent years.
                            ``(ii) Exemption from limitation on annual
                        adjustments.--The increase in expenditures
                        attributable to clause (i) shall not be taken
                        into account in applying subsection
                        (c)(2)(B)(ii)(II).''.

Summary: Rural Equity Payment Index Reform Act of 2003 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to establish a minimum geographic cost-of-practice index value for physicians' services furnished under the Medicare program.

A bill to amend title XVIII of the Social Security Act to establish a minimum geographic cost-of-practice index value for physicians' services furnished under the medicare program.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Scenic Columbia Gorge Restoration
Act of 2017''.

SEC. 2. EXPEDITED RECOVERY ACTIVITIES IN RESPONSE TO CATASTROPHIC
              EVENTS IN NATIONAL SCENIC AREAS.

    (a) Definitions.--In this section:
            (1) Catastrophic event.--The term ``catastrophic event''
        means any natural disaster (such as hurricane, tornado,
        windstorm, snow or ice storm, rain storm, high water, wind-
        driven water, tidal wave, earthquake, volcanic eruption,
        landslide, mudslide, drought, or insect or disease outbreak) or
        any fire, flood, or explosion, regardless of cause.
            (2) Conclusion.--The term ``conclusion'', with respect to a
        catastrophic event, includes containment of the catastrophic
        event if occurring before the actual end of the catastrophic
        event.
            (3) National scenic area.--The term ``National Scenic
        Area'' means an area of the National Forest System federally
        designated as a National Scenic Area in recognition of the
        outstanding natural, scenic, and recreational values of the
        area.
            (4) Response activity.--The term ``response activity''
        means any salvage operation or reforestation activity proposed
        to be conducted within a National Scenic Area adversely
        impacted by a catastrophic event to address conditions caused
        or exacerbated by the catastrophic event.
            (5) Secretary.--The term ``Secretary'' means the Secretary
        of Agriculture, acting through the Chief of the Forest Service.
    (b) Prompt Proposal of Response Activities.--Within 30 days after
the conclusion of a catastrophic event within a National Scenic Area,
the Secretary shall begin proposing response activities for lands
within the National Scenic Area adversely impacted by the catastrophic
event.
    (c) Public Input and Response Process.--Notwithstanding any other
provision of law, the Secretary shall allow 30 days for public scoping
and comment regarding a National Scenic Area response activity, 15 days
for filing an objection to the response activity, and 15 days for the
agency response to the filing of an objection. Upon completion of this
process and expiration of the period specified in subsection (d)(1) if
applicable, the Secretary shall implement the response activity.
    (d) Environmental Review.--
            (1) Expedited environmental assessment.--Except as provided
        in paragraph (2), notwithstanding any other provision of law,
        an environmental assessment prepared by the Secretary concerned
        pursuant to section 102 of the National Environmental Policy
        Act of 1969 (42 U.S.C. 4332) for a National Scenic Area
        response activity shall be completed within 60 days after the
        conclusion of the catastrophic event.
            (2) Categorical exclusion.--A categorical exclusion is
        available for any National Scenic Area response activity that--
                    (A) does not exceed 10,000 acres within the
                National Scenic Area; and
                    (B) includes lands that--
                            (i) are visible from key viewing areas, as
                        described in the management plan for the
                        National Scenic Area;
                            (ii) provide screening for human
                        development;
                            (iii) are part of a municipal watershed; or
                            (iv) contain utility or power transmission
                        right-of-ways.
    (e) Consultation Under the Endangered Species Act.--
            (1) No consultation if response activity not likely to
        adversely affect a listed species or designated critical
        habitat.--Consultation under section 7 of the Endangered
        Species Act of 1973 (16 U.S.C. 1536) shall not be required if
        the Secretary determines that a response activity is not likely
        to adversely affect a listed species or designated critical
        habitat.
            (2) Expedited consultation.--
                    (A) In general.--With respect to a response
                activity that is not covered by paragraph (1),
                consultation required under section 7 of the Endangered
                Species Act of 1973 (16 U.S.C. 1536) shall be concluded
                within the 90-day period beginning on the date on which
                such consultation was requested by the Secretary.
                    (B) Effect of no conclusion.--In the case of a
                consultation described in subparagraph (A) that is not
                concluded within the 90-day period specified in such
                subparagraph, the response activity for which such
                consultation was initiated--
                            (i) shall be deemed to have not violated
                        section 7 of the Endangered Species Act of 1973
                        (16 U.S.C. 1536(a)(2)); and
                            (ii) may be carried out.
    (f) Prohibition on Restraining Orders, Preliminary Injunctions, and
Injunctions Pending Appeal.--No restraining order, preliminary
injunction, or injunction pending appeal shall be issued by any court
of the United States with respect to any decision to prepare or conduct
a response activity. Section 705 of title 5, United States Code, shall
not apply to any challenge to the response activity.
    (g) Funding Source.--Amounts in the special fund established
pursuant to section 3 of the Act of June 9, 1930 (commonly known as the
Knutson-Vandenberg Act; 16 U.S.C. 576b), shall be available to the
Secretary for response activities.
    (h) Reforestation Objective.--In the case of response activities
conducted on National Scenic Area lands adversely impacted by a
catastrophic event, the Secretary shall achieve reforestation of at
least 75 percent of the impacted lands before the end of the two-year
period following the conclusion of the catastrophic event.

Summary: Scenic Columbia Gorge Restoration Act of 2017 This bill directs the Forest Service to begin proposing, within 30 days of a catastrophic event, response activities for lands within a national scenic area that have been adversely impacted by the event. The bill provides a process for expedited environmental review under the National Environmental Policy Act of 1969, including a categorical exclusion not exceeding 10,000 acres for a response activity.


SECTION 1. CDFI SMALL DOLLAR LOAN-LOSS GUARANTEE FUND.

    The Community Development Banking and Financial Institutions Act of
1994 (12 U.S.C. 4701 et seq.) is amended by adding at the end the
following:

``SEC. 122. CDFI SMALL DOLLAR LOAN-LOSS GUARANTEE FUND.

    ``(a) Purpose.--The purpose of this section are to establish a
small dollar loan-loss guarantee fund to--
            ``(1) serve as a loss reserve for qualifying loans to
        consumers offered by eligible financial institutions;
            ``(2) increase the number of qualifying loan products
        offered to consumers by such institutions; and
            ``(3) increase consumer access to mainstream financial
        institutions and provide consumers with alternative choices to
        pay day loans.
    ``(b) Definitions.--For purposes of this section, the following
definitions shall apply:
            ``(1) Consumer reporting agency that compiles and maintains
        files on consumers on a nationwide basis.--The term `consumer
        reporting agency that compiles and maintains files on consumers
        on a nationwide basis' has the same meaning given such term in
        section 603(p) of the Fair Credit Reporting Act (15 U.S.C.
        1681a(p)).
            ``(2) Eligible financial institution.--The term `eligible
        financial institution' means--
                    ``(A) any community development financial
                institution, provided that if such institution is
                subject to examination under the Community Reinvestment
                Act of 1977, that such institution received a
                satisfactory or an outstanding rating in meeting the
                needs of the community as part of its last examination
                under such Act; and
                    ``(B) any other entity, organization, or
                institution whose primary mission is to serve low- to
                moderate-income individuals, as determined appropriate
                by the Administrator.
            ``(3) Fund.--The term `Fund' means the CDFI Small Dollar
        Loan-Loss Guarantee Fund established under subsection (c).
            ``(4) Qualifying loan.--The term `qualifying loan' means a
        loan that satisfies the following requirements:
                    ``(A) The loan is made to a consumer by an eligible
                financial institution.
                    ``(B) The loan is made in an amount not exceeding
                $2,500.
                    ``(C) The loan--
                            ``(i) has a repayment period of at least 60
                        days;
                            ``(ii) is repaid in installments, and such
                        installment payments result in the reduction in
                        the principle balance owed on the loan;
                            ``(iii) has an annual percentage rate that
                        the Administrator determines to be acceptable
                        through the application process for the
                        purposes of this section, but in no event shall
                        such annual percentage rate exceed 36 percent;
                        and
                            ``(iv) has no pre-payment penalty.
                    ``(D) At the time of origination of the loan, the
                eligible financial institution that made the loan
                offered the consumer information.
                    ``(E) The eligible financial institution making the
                loan reports payments regarding the loan to at least 1
                of the consumer reporting agencies that compiles and
                maintains files on consumers on a nationwide basis.
    ``(c) Establishment.--
            ``(1) In general.--There is established a CDFI Small Dollar
        Loan-Loss Guarantee Fund, which shall be used by the
        Administrator to defray the cost of losses on qualifying loans
        to consumers made by eligible financial institutions.
            ``(2) Use of fund amounts.--
                    ``(A) Reimbursement.--From amounts available in the
                Fund, the Administrator may provide reimbursement of a
                qualifying loan loss that is up to 60 percent of the
                loss on the qualifying loan to an eligible financial
                institution that has submitted an application pursuant
                to the requirements of subparagraph (B). The
                Administrator shall take into consideration the overall
                default rates of the qualifying loan portfolio in an
                eligible financial institution when determining the
                reimbursement rate of loan loss.
                    ``(B) Application.--In order to receive any amounts
                from the Fund under this section, each eligible
                financial institution shall submit an application at
                such time, in, such form, and with such information and
                assurances as the Administrator may require.
            ``(3) Deposits.--
                    ``(A) In general.--The Fund shall consist of--
                            ``(i) any amounts deposited pursuant to
                        subsection (d)(4);
                            ``(ii) any amounts borrowed pursuant to
                        subsection (e);
                            ``(iii) a portion, as determined by the
                        Administrator, of the proceeds of fees
                        collected by an eligible financial institution
                        for the origination of the qualifying loans to
                        consumers; and
                            ``(iv) any amounts transferred, credited,
                        donated, or bequeathed to the Fund by any
                        individual, foundation, corporation, or other
                        legal entity.
                    ``(B) Solvency of fund.--In making the
                determination required under subparagraph (A), the
                Administrator shall give priority consideration to that
                amount that would best protect and ensure the solvency
                of the Fund.
                    ``(C) Investment authority.--Funds that are not
                otherwise distributed by the Fund to eligible financial
                institutions for reimbursement of qualifying loan
                losses shall be invested in obligations of the United
                States or in obligations guaranteed as principle and
                interest by the United States.
    ``(d) Authorization of Appropriations.--
            ``(1) In general.--There are authorized to be appropriated
        for each fiscal year such sums as are necessary to carry out
        this section.
            ``(2) Administrative costs.--From amounts made available
        under this section, the Administrator may reserve not more than
        10 percent for administrative costs.
            ``(3) Technical assistance grants.--Amounts made available
        under this section may be used to make technical assistance
        grants to applicants to develop and support a small dollar loan
        program. Any technical assistance grants made under this
        paragraph shall be made in accordance with subsections (b),
        (c), and (d) of section 108, provided that the Administrator
        may waive the requirements of subsection (e) of such section
        108 with respect to such grants.
            ``(4) Deposit into fund.--Amounts made available under this
        section may be deposited into the CDFI Small Dollar Loan-Loss
        Guarantee Fund established under this section.
    ``(e) Borrowing Authority.--The Administrator is authorized to
borrow from the Treasury, and the Secretary of the Treasury is
authorized and directed to loan to the Administrator on such terms as
may be fixed by the Administrator and the Secretary, such funds as in
the judgment of the Administrator are from time to time required to
maintain the solvency of the Fund, not exceeding in the aggregate
$75,000,000 outstanding at any one time, subject to the approval of the
Secretary of the Treasury: Provided, That the rate of interest to be
charged in connection with any loan made pursuant to this subsection
shall not be less than an amount determined by the Secretary of the
Treasury, taking into consideration current market yields on
outstanding marketable obligations of the United States of comparable
maturity. For such purpose the Secretary of the Treasury is authorized
to use as a public-debt transaction the proceeds of the sale of any
securities hereafter issued under the Second Liberty Bond Act, as
amended, and the purposes for which securities may be issued under the
Second Liberty Bond Act, as amended, are extended to include such
loans. Any such loan shall be used by the Administrator solely in
carrying out its functions with respect to the Fund. All loans and
repayments under this subsection shall be treated as public-debt
transactions of the United States. The Administrator may employ any
amounts obtained under this subsection for purposes of the Fund and the
borrowing shall become a liability of the Fund to the extent funds are
employed therefor.
    ``(f) Report to Congress.--Not later than 1 year after the CDFI
Small Dollar Loan-Loss Guarantee Fund makes its first reimbursement to
an eligible financial institution, and every year thereafter, the
Administrator shall submit to the Banking, Housing, and Urban Affairs
Committee of the Senate, the Financial Services Committee of the House
of Representatives, and the Committee on Appropriations of both the
Senate and the House of Representatives a report describing--
            ``(1) the activities of the Fund, including the cumulative
        volume and amounts of loan reimbursements that have been
        distributed from the Fund during the prior 12 months;
            ``(2) the solvency of the Fund;
            ``(3) the default rate of qualifying loans; and
            ``(4) any measurable results, as appropriate and available,
        related to the achievement of the purposes of this section as
        such purposes are set forth under subsection (a).''.

Summary: Amends the Community Development Banking and Financial Institutions Act of 1994 to establish the Community Development Financial Institutions (CDFI) Small Dollar Loan-Loss Guarantee Fund to defray the cost of losses on specified qualifying consumer loans made by certain CDFIs and institutions whose primary mission is to serve low- to moderate-income individuals. Authorizes appropriations to implement the program and to provide technical assistance grants to applicants to develop and support a small dollar loan program. Authorizes the Administrator of the CFDI Fund to borrow from the Treasury as necessary to maintain Fund solvency.

A bill to establish a small dollar loan-loss guarantee fund, and for other purposes.