SECTION 1. SHORT TITLE.

    This Act may be cited as the ``School-Based Asthma Management
Program Act''.

SEC. 2. ADDITIONAL PREFERENCE TO CERTAIN STATES THAT ALLOW TRAINED
              SCHOOL PERSONNEL TO ADMINISTER EPINEPHRINE AND ASTHMA-
              RELATED RESCUE MEDICATIONS.

    Section 399L(d) of the Public Health Service Act (42 U.S.C.
280g(d)) is amended--
            (1) in paragraph (1)--
                    (A) by amending subparagraph (F) to read as
                follows:
                    ``(F) School personnel administration of
                epinephrine and asthma-related rescue medications.--In
                determining the preference (if any) to be given to a
                State under this subsection, the Secretary shall give
                additional preference to a State that provides to the
                Secretary the certification described in subparagraph
                (G) and that requires that each public elementary
                school and secondary school in the State--
                            ``(i) permits trained personnel of the
                        school to administer epinephrine to any student
                        of the school reasonably believed to be having
                        an anaphylactic reaction;
                            ``(ii) maintains a supply of epinephrine in
                        a secure location that is easily accessible to
                        trained personnel of the school for the purpose
                        of administration to any student of the school
                        reasonably believed to be having an
                        anaphylactic reaction;
                            ``(iii) permits trained personnel of the
                        school to administer asthma-related rescue
                        medication to any student of the school
                        reasonably believed to have an asthma
                        diagnosis;
                            ``(iv) maintains a supply of asthma-related
                        rescue medication and modes of delivery, such
                        as spacers or nebulizers, in a secure location
                        that is easily accessible to trained personnel
                        of the school for the purpose of administration
                        to any student of the school reasonably
                        believed to have an asthma diagnosis;
                            ``(v) has in place a plan for having on the
                        premises of the school during all operating
                        hours of the school a school nurse or one or
                        more other individuals who are trained
                        personnel of the school; and
                            ``(vi) has in place under the direction of
                        a school nurse a comprehensive school-based
                        asthma management program that includes--
                                    ``(I) a method to identify all
                                students of such school with a
                                diagnosis of asthma;
                                    ``(II) an individual student asthma
                                action plan for each student of such
                                school with a diagnosis of asthma;
                                    ``(III) asthma education for school
                                staff who are directly responsible for
                                students who have been identified as
                                asthmatic, such as education regarding
                                asthma basics, asthma management,
                                trigger management, and comprehensive
                                emergency responses to asthma attacks;
                                    ``(IV) asthma medication and
                                emergency policies that are specific to
                                the school;
                                    ``(V) efforts to reduce the
                                presence of environmental triggers of
                                asthma; and
                                    ``(VI) a system to support students
                                with a diagnosis of asthma through
                                coordination with family members of
                                such students, primary care providers
                                of such students, and others as
                                necessary.''; and
                    (B) in subparagraph (G), by inserting ``or asthma-
                related rescue medication to a student reasonably
                believed to have an asthma diagnosis,'' after
                ``epinephrine to a student reasonably believed to be
                having an anaphylactic reaction''; and
            (2) in paragraph (3)--
                    (A) in subparagraph (C)--
                            (i) by striking ``The term'' and inserting
                        ``(i) The term''; and
                            (ii) by adding at the end the following new
                        clause:
                    ``(ii) The term `asthma-related rescue medication'
                means short-acting bronchodilators, such as albuterol
                and levalbuterol.''; and
                    (B) in subparagraph (E)--
                            (i) in the matter preceding clause (i), by
                        inserting ``, such as the school nurse'' after
                        ``individual'';
                            (ii) in clause (i)--
                                    (I) by inserting ``school nurse
                                or'' before ``principal''; and
                                    (II) by inserting ``and asthma-
                                related rescue medication'' after
                                ``epinephrine'';
                            (iii) in clause (ii), by inserting ``and
                        asthma-related rescue medication'' after
                        ``epinephrine''; and
                            (iv) in clause (iii), by inserting ``and
                        asthma-related rescue medication'' after
                        ``epinephrine''.

Summary: School-Based Asthma Management Program Act This bill amends the Public Health Service Act to add requirements that states must meet to receive a preference for asthma grants. To receive the preference, states must additionally: (1) provide civil liability protection to trained school personnel who administer asthma-related rescue medication to a student with asthma. And (2) require schools to permit trained school personnel to administer asthma-related rescue medication to students with asthma, maintain a supply of asthma-related rescue medication, and have a comprehensive asthma management program.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Birthparent Assistance Act of
2008''.

SEC. 2. PURPOSES.

    The purposes of this Act are--
            (1) to enhance post-placement services for birthparents who
        have placed a child for adoption;
            (2) to initiate or enhance post-placement counseling
        services for birthparents who have placed a child for adoption;
        and
            (3) to identify how post-placement services for
        birthparents who have placed a child for adoption can be
        improved.

SEC. 3. AUTHORIZATION OF POST-ADOPTION SERVICES FOR BIRTHPARENTS.

    (a) Services Authorized.--The Secretary of Health and Human
Services shall, either directly or by grant to or contract with the
eligible entities described in subsection (b), provide services
described in subsection (c) for birthparents who have placed a child
for adoption.
    (b) Eligible Entities.--The eligible entities referred to in
subsection (a) are States, local governmental entities, and public or
private agencies or organizations, including public or private licensed
child welfare or adoption agencies or adoptive family groups and faith-
based organizations.
    (c) Types of Services.--The types of services referred to in
subsection (a) are--
            (1) post-legal adoption services for birthparents;
            (2) counseling services for birthparents who have placed a
        child for adoption, including--
                    (A) individual counseling;
                    (B) group counseling; and
                    (C) family counseling;
            (3) establishment and operation of a nationally-available
        hotline to--
                    (A) provide counseling services described in
                paragraph (2) for birthparents; and
                    (B) provide other information relating to the
                availability of post-adoption services and benefits for
                birthparents, including contact information for post-
                adoption services and benefits provided by States and
                local units of government, as appropriate; and
            (4) training of staff at hospitals and other appropriate
        birth care facilities relating to interaction of such staff
        with birthparents and adoptive families.
    (d) Application.--Each eligible entity referred to in subsection
(a) that desires to receive a grant or enter into a contract with the
Secretary under subsection (a) shall submit an application to the
Secretary that describes the manner in which the entity will use funds
under the grant or contract during the 3 fiscal years subsequent to the
date of the application to accomplish the purposes of this section.
Such application shall be in a form and manner determined to be
appropriate by the Secretary.
    (e) Reports.--The Secretary shall require each eligible entity
referred to in subsection (a) that receives a grant or enters into a
contract with the Secretary under subsection (a) to submit to the
Secretary a report on the services provided or activities carried out
by the entity for each fiscal year for which the entity receives
amounts under the grant or contract. The report shall contain such
information as the Secretary determines is necessary to provide an
accurate description of the services provided or activities carried out
with such amounts.
    (f) Services To Supplement and Not Supplant.--Services provided
under a grant or contract under subsection (a) shall supplement, and
not supplant, services provided using any other funds made available
for the same general purposes.
    (g) Technical Assistance and Administrative Provisions.--The
Secretary shall--
            (1) provide technical assistance to eligible entities
        referred to in subsection (a) that receive a grant or enter
        into a contract with the Secretary under subsection (a) for
        purposes of providing the services described in subsection (c);
            (2) as appropriate, coordinate the provision of services
        described in subsection (c) with other adoption-related
        research, training, services, and assistance activities carried
        out by the Department of Health and Human Services; and
            (3) either directly, or by grant to or contract with a
        public or private agency or organization--
                    (A) evaluate the implementation and effectiveness
                of the provision of services described in subsection
                (c) and other activities carried out under this
                section;
                    (B) identify different post-placement services
                provided for birthparents, the availability and
                utilization of such services, and how post-placement
                services might be improved; and
                    (C) not later than 3 years after the date of the
                enactment of this Act, submit to Congress a report that
                contains the results of the evaluation under
                subparagraph (A) and the information described in
                subparagraph (B).

SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--To carry out this Act, there are authorized to be
appropriated to the Secretary of Health and Human Services--
            (1) $30,000,000 for fiscal year 2009; and
            (2) such sums as may be necessary for each of the fiscal
        years 2010 through 2013.
    (b) Availability.--Amounts appropriated pursuant to the
authorization of appropriations under subsection (a) are authorized to
remain available until expended.

Summary: Birthparent Assistance Act of 2008 - Directs the Secretary of Health and Human Services to provide certain post-legal adoption services, counseling, and a nationally-available hotline for birthparents who have placed a child for adoption.

To authorize the Secretary of Health and Human Services to provide services for birthparents who have placed a child for adoption, and for other purposes.


SECTION 1. EXCISE TAXES ON ACTS OF SELF-DEALING AND PRIVATE INUREMENT
              BY CERTAIN TAX-EXEMPT ORGANIZATIONS.

    (a) In General.--Chapter 42 of the Internal Revenue Code of 1986
(relating to private foundations and certain other tax-exempt
organizations) is amended by redesignating subchapter D as subchapter E
and by inserting after subchapter C the following new subchapter:

 ``Subchapter D--Acts of Self-Dealing and Private Inurement by Certain
                          Exempt Organizations

                              ``Sec. 4958. Taxes on certain acts of
                                        self-dealing.
                              ``Sec. 4959. Taxes on private inurement.
                              ``Sec. 4960. Other definitions.

``SEC. 4958. TAXES ON CERTAIN ACTS OF SELF-DEALING.

    ``(a) Initial Taxes.--
            ``(1) On self-dealer.--There is hereby imposed a tax on
        each act of self-dealing between a disqualified person and an
        applicable tax-exempt organization. The amount of such tax
        shall be 5 percent of the amount involved with respect to the
        act of self-dealing for each year (or part thereof) in the
        taxable period. The tax imposed by this paragraph shall be paid
        by any disqualified person (other than an organization manager
        acting only as such) who participates in the act of self-
        dealing.
            ``(2) On organization manager.--In any case in which a tax
        is imposed by paragraph (1), there is hereby imposed on the
        participation of any organization manager in any act of self-
        dealing between a disqualified person and an applicable tax-
        exempt organization, knowing that it is such an act, a tax
        equal to 2.5 percent of the amount involved with respect to
        such act of self-dealing for each year (or part thereof) in the
        taxable period, unless such participation is not willful and is
        due to reasonable cause. The tax imposed by this paragraph
        shall be paid by any organization manager who participated in
        the act of self-dealing.
    ``(b) Additional Taxes.--
            ``(1) On self-dealer.--In any case in which an initial tax
        is imposed by subsection (a)(1) on any act of self-dealing
        between a disqualified person and an applicable tax-exempt
        organization and such act is not corrected within the taxable
        period, there is hereby imposed a tax equal to 200 percent of
        the amount involved. The tax imposed by this paragraph shall be
        paid by any disqualified person (other than an organization
        manager acting only as such) who participated in the act of
        self-dealing.
            ``(2) On organization manager.--In any case in which an
        additional tax is imposed by paragraph (1), if an organization
        manager refused to agree to part or all of the correction,
        there is hereby imposed a tax equal to 50 percent of the amount
        involved. The tax imposed by this paragraph shall be paid by
        any organization manager who refused to agree to part or all of
        the correction.
    ``(c) Special Rules.--
            ``(1) Joint and several liability.--If more than one person
        is liable under any paragraph of subsection (a) or (b) with
        respect to any one act of self-dealing, all such persons shall
        be jointly and severally liable under such paragraph with
        respect to such act.
            ``(2) $10,0000 limit for management.--With respect to any
        one act of self-dealing, the maximum amount of the tax imposed
        by subsection (a)(2) shall not exceed $10,000, and the maximum
        amount of the tax imposed by subsection (b)(2) shall not exceed
        $10,000.
    ``(d) Self-Dealing.--For purposes of this section--
            ``(1) In general.--Except as provided by paragraph (2), the
        term `self-dealing' means any direct or indirect--
                    ``(A) transfer, lease, or license of property
                between an applicable tax-exempt organization and a
                disqualified person, and
                    ``(B) lending of money or other extension of credit
                between an applicable tax-exempt organization and a
                disqualified person.
            ``(2) Exceptions.--The term `self-dealing' shall not
        include--
                    ``(A) the lending of money by a disqualified person
                to an applicable tax-exempt organization if the loan is
                without interest or other charge (determined without
                regard to section 7872) and if the proceeds of the loan
                are used exclusively for exempt purposes,
                    ``(B) the furnishing of goods or facilities by a
                disqualified person to an applicable tax-exempt
                organization if the furnishing is without charge and if
                the goods or facilities so furnished are used
                exclusively for exempt purposes, and
                    ``(C) any transfer, lease, or license of property
                if--
                            ``(i) such transfer, lease, or license (as
                        the case may be) is by a disqualified person in
                        the ordinary course of such disqualified
                        person's trade or business and such transaction
                        is on a basis comparable to the basis on which
                        similar transactions are made in the ordinary
                        course of such trade or business with other
                        parties, or
                            ``(ii) such transfer, lease, or license (as
                        the case may be) is by an applicable tax-exempt
                        organization in the ordinary course of its
                        activities and such transaction is made on a
                        basis comparable to the basis on which similar
                        transactions are made in the ordinary course of
                        such activities with other parties.
            ``(3) Exempt purpose.--For purposes of paragraph (2), the
        term `exempt purpose' means--
                    ``(A) in the case of an organization described in
                section 501(c)(3), any purpose specified in section
                501(c)(3), and
                    ``(B) in the case of an organization described in
                section 501(c)(4), any purposes specified in section
                501(c)(4).
    ``(e) Other Definitions.--For purposes of this section--
            ``(1) Taxable period.--The term `taxable period' means,
        with respect to any act of self-dealing, the period beginning
        with the date on which the act of self-dealing occurs and
        ending on the earliest of--
                    ``(A) the date of mailing a notice of deficiency
                under section 6212 with respect to the tax imposed by
                subsection (a)(1),
                    ``(B) the date on which the tax imposed by
                subsection (a)(1) is assessed, or
                    ``(C) the date on which correction of the act of
                self-dealing is completed.
            ``(2) Amount involved.--The term `amount involved' means,
        with respect to any act of self-dealing, the greater of the
        amount of money and fair market value of other property given,
        or the amount of money and fair market value of other property
        received. In the case of a lease or license, the amount
        involved is the fair market value of the leased or licensed
        property. For purposes of this paragraph--
                    ``(A) in the case of the taxes imposed by
                subsection (a), fair market value shall be determined
                as of the date on which the act of self-dealing occurs,
                and
                    ``(B) in the case of the taxes imposed by
                subsection (b), fair market value shall be the highest
                fair market value during the taxable period.
            ``(3) Correction.--The terms `correction' and `correct'
        mean, with respect to any act of self-dealing transaction,
        undoing the transaction to the extent possible, but in any case
        place the applicable tax-exempt organization in a financial
        position not worse than that in which it would be if the
        disqualified person were dealing under the highest fiduciary
        standards.

``SEC. 4959. TAXES ON PRIVATE INUREMENT.

    ``(a) Initial Taxes.--
            ``(1) On the organization.--There is hereby imposed on any
        taxable inurement a tax equal to 10 percent of the amount
        thereof. The tax imposed by this paragraph shall be paid by the
        organization with respect to which such inurement occurred.
            ``(2) On the management.--There is hereby imposed on the
        participation of any organization manager of an organization in
        any taxable inurement which occurs with respect to such
        organization, knowing that it is taxable inurement, a tax equal
        to 2\1/2\ percent of the amount thereof, unless such
        participation is not willful and is due to reasonable cause.
        The tax imposed by this paragraph shall be paid by the
        organization manager who participated in the taxable inurement.
            ``(3) On the beneficiary.--There is hereby imposed on any
        taxable inurement a tax equal to 5 percent of the amount
        thereof. The tax imposed by this paragraph shall be paid by the
        beneficiary of such inurement.
    ``(b) Additional Taxes.--
            ``(1) On the organization.--In any case in which an initial
        tax is imposed by subsection (a)(1) on any taxable inurement
        and such inurement is not corrected within the taxable period,
        there is hereby imposed a tax equal to 100 percent of the
        amount of the taxable inurement. The tax imposed by this
        paragraph shall be paid by the organization with respect to
        which such inurement occurred.
            ``(2) On the management.--In any case in which an
        additional tax is imposed by paragraph (1), if an organization
        manager refused to agree to part or all of the correction,
        there is hereby imposed a tax equal to 50 percent of the amount
        of the taxable inurement. The tax imposed by this paragraph
        shall be paid by any organization manager who refused to agree
        to part or all of the correction.
            ``(3) On the beneficiary.--In any case in which an
        additional tax is imposed by paragraph (1), there is hereby
        imposed a tax equal to 200 percent of the amount of the taxable
        inurement. The tax imposed by this paragraph shall be paid by
        the beneficiary of such inurement.
    ``(c) Taxable Inurement.--For purposes of this section, the term
`taxable inurement' means any direct or indirect inurement of any part
of the net earnings of an applicable tax-exempt organization to the
benefit of any disqualified person. Such term shall not include any act
of self-dealing on which tax is imposed under section 4958.
    ``(d) Special Rules.--For purposes of this section--
            ``(1) Joint and several liability.--If more than one person
        is liable under any paragraph of subsection (a) or (b) with
        respect to any one taxable inurement, all such persons shall be
        jointly and severally liable under such paragraph with respect
        to such inurement.
            ``(2) Limit for management.--With respect to any 1 taxable
        inurement, the maximum amount of the tax imposed by subsection
        (a)(2) shall not exceed $10,000, and the maximum amount of the
        tax imposed by subsection (b)(2) shall not exceed $10,000.
    ``(e) Other Definitions.--For purposes of this section--
            ``(1) Taxable period.--The term `taxable period' means,
        with respect to any taxable inurement, the period beginning
        with the date on which the inurement occurs and ending on the
        earliest of--
                    ``(A) the date of mailing a notice of deficiency
                under section 6212 with respect to the tax imposed by
                subsection (a)(1), or
                    ``(B) the date on which the tax imposed by
                subsection (a)(1) is assessed.
            ``(2) Correction.--The terms `correction' and `correct'
        mean, with respect to any taxable inurement, undoing the
        inurement to the extent possible, establishing safeguards to
        prevent future taxable inurement, and where fully undoing the
        inurement is not possible, such additional corrective action as
        is prescribed by the Secretary by regulations.

``SEC. 4960. OTHER DEFINITIONS.

    ``(a) Applicable Tax-Exempt Organization.--For purposes of this
subchapter, the term `applicable tax-exempt organization' means any
organization which (without regard to any act of self-dealing or
taxable inurement) would be described in paragraph (3) or (4) of
section 501(c) and exempt from tax under section 501(a). Such term
shall not include any private foundation.
    ``(b) Disqualified Person.--For purposes of this subchapter, the
term `disqualified person' means, with respect to any transaction--
            ``(1) any person who was an organization manager at any
        time during the 5-year period ending on the date of such
        transaction,
            ``(2) any member of a family (as defined in section
        4946(d)) of any person described in paragraph (1), and
            ``(3) any 35-percent controlled entity of persons described
        in paragraph (1) or (2).
    ``(c) Organization Manager.--For purposes of this subchapter, the
term `organization manager' means, with respect to any applicable tax-
exempt organization, any officer, director, or trustee of such
organization (or any individual having powers or responsibilities
similar to those of officers, directors, or trustees of the
organization). Such term includes any person performing substantial
medical services as a physician for the applicable tax-exempt
organization pursuant to an employment or other contractual
relationship.
    ``(d) 35-Percent Controlled Entity.--For purposes of this section--
            ``(1) 35-percent controlled entity.--The term `35-percent
        controlled entity' means--
                    ``(A) a corporation in which persons described in
                paragraph (1) or (2) of subsection (b) own more than 35
                percent of the combined voting power,
                    ``(B) a partnership in which such persons own more
                than 35 percent of the profits interest, and
                    ``(C) a trust or estate in which such persons own
                more than 35 percent of the beneficial interest.
            ``(2) Constructive ownership rules.--Rules similar to the
        rules of paragraphs (3) and (4) of section 4946(a) shall apply
        for purposes of this subsection.''
    (b) Application of Private Inurement Rule to Tax-Exempt Civic
Leagues.--Paragraph (4) of section 501(c) of such Code is amended to
read as follows:
            ``(4)(A) Civic leagues or organizations not organized for
        profit but operated exclusively for the promotion of social
        welfare and no part of the net earnings of which inures to the
        benefit of any private shareholder or individual.
            ``(B) Local associations of employees--
                    ``(i) the membership of which is limited to the
                employees of a designated person or persons in a
                particular municipality, and
                    ``(ii) which is operated exclusively for
                charitable, educational, or recreational purposes.''
    (c) Technical and Conforming Amendments.--
            (1) Subsection (e) of section 4955 of such Code is
        amended--
                    (A) by striking ``Section 4945'' in the heading and
                inserting ``Sections 4945 and 4959'', and
                    (B) by inserting before the period ``or a taxable
                inurement for purposes of section 4959''.
            (2) Subsections (a), (b), and (c) of section 4963 of such
        Code are each amended by inserting ``4958, 4959,'' after
        ``4955,''.
            (3) Subsection (e) of section 6213 of such Code is amended
        by inserting ``4958 (relating to acts of self-dealing), 4959
        (relating to private inurement),'' before ``4971''.
            (4) The table of subchapters for chapter 42 of such Code is
        amended by striking the last item and inserting the following:

                              ``Subchapter D. Acts of self-dealing and
                                        private inurement by certain
                                        exempt organizations.
                              ``Subchapter E. Abatement of first and
                                        second tier taxes in certain
                                        cases.''
    (d) Effective Date.--The amendments made by this section shall
apply to transactions occurring on or after January 1, 1994.

Summary: Amends the Internal Revenue Code to impose an excise tax on: (1) each act of self-dealing between a disqualified person and a tax-exempt organization. And (2) any direct or indirect inurement of net earnings of a tax-exempt organization to the benefit of any disqualified person. Describes a disqualified person as: (1) any organization manager, (2) any family member of an organization manager, or (3) any 35-percent controlled entity of such persons.

To amend the Internal Revenue Code of 1986 to impose excise taxes on acts of self-dealing and private inurement by certain tax-exempt organizations.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Pima County Land Adjustment Act''.

SEC. 2. LAND EXCHANGE, IRONWOOD-MOORE, EMPIRITA-SIMONSON, AND SAHUARITA
              PROPERTIES, ARIZONA.

    (a) Exchange Authorized.--If Las Cienegas Conservation, LLC,
conveys to the Secretary of the Interior all right, title, and interest
of Las Cienegas Conservation, LLC, in and to the Ironwood-Moore
property and the Empirita-Simonson property, the Secretary shall convey
to Las Cienegas Conservation, LLC, all right, title, and interest of
the United States in and to the Sahuarita property.
    (b) Boundary Adjustment.--Upon receipt of the Empirita-Simonson
property, the Secretary shall modify the boundaries of the Las Cienegas
National Conservation Area to include the Empirita-Simonson property.
    (c) Time for Exchange.--Except as otherwise provided by this Act,
the land exchange authorized under this section shall be completed
prior to the expiration of the 90-day period beginning on the later of
the following dates:
            (1) The date on which the title standards described in
        section 4(a) are met with regard to the properties to be
        conveyed to the United States.
            (2) The date on which the appraisals described in section
        4(c)(1) for the properties are approved by both the Secretary
        and Las Cienegas Conservation, LLC, or in the case of a dispute
        concerning an appraisal or appraisal issue arising under that
        section, the date the dispute is resolved under that section.
    (d) Cash Equalization Payment.--
            (1) In general.--If the values of lands to be exchanged
        under this section are not equal, they shall be equalized by
        the payment of cash to the Secretary or Las Cienegas
        Conservation, LLC, as the circumstances dictate, in accordance
        with section 206(b) of the Federal Land Policy and Management
        Act of 1976 (43 U.S.C. 1716(b)).
            (2) Disposition and use of funds.--Notwithstanding any
        other provision of law, any cash equalization payment received
        by the Secretary under this section shall be deposited into a
        separate account in the Treasury, which shall be available to
        the Secretary, without further appropriation and until
        expended, solely for the purpose of--
                    (A) the acquisition of land or interests in land
                within or adjacent to national conservation lands in
                southern Arizona; and
                    (B) resource management by the Bureau of Land
                Management in Pima County, Arizona.
    (e) Water Rights.--
            (1) Lands owned by pima county.--The exchange under this
        section may not take place unless Neal Simonson and Pima
        County, Arizona, enter into an agreement under which Neal
        Simonson relinquishes to Pima County any right to withdraw
        water from lands owned by Pima County in section 17, township
        17 south, range 18 east, Gila and Salt River Baseline and
        Meridian.
            (2) Empirita-simonson property.--The exchange under this
        section may not take place unless Neal Simonson and the
        Secretary enter into an agreement under which Neal Simonson
        limits his reserved withdrawal right on the Empirita-Simonson
        property to maximum of 550 acre feet per year.
    (f) Road Access Prohibited.--The Secretary may not construct or
authorize the construction of any temporary or permanent road in any
portion of the Empirita-Simonson property acquired under this section
if the road would provide access to or from any property which is not
within the Las Cienegas National Conservation Area.
    (g) Environmental Review.--As a condition of the exchange, Las
Cienegas Conservation, LLC, shall reimburse the Secretary for the
direct costs of all environmental reviews of the lands to be exchanged
under this section that are required by the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.).
    (h) Endangered Species Act Review.--The Secretary shall review the
conveyance of the Sahuarita property under this section in accordance
with section 7(a)(1) of the Endangered Species Act of 1973 (16 U.S.C.
1536(a)(1)).

SEC. 3. ACQUISITION AND CONVEYANCE OF TUMAMOC HILL PROPERTY.

    (a) Acquisition of Tumamoc Hill Property.--
            (1) In general.--Notwithstanding any other provision of
        law, upon the expiration of the 30-day period beginning on the
        date of the enactment of this Act, all right, title, and
        interest to, and the right to immediate possession of, the
        Tumamoc Hill property is hereby vested in the United States.
        The Tumamoc Hill property shall remain subject to existing
        easements of record.
            (2) Compensation.--As consideration for the Tumamoc Hill
        property acquired under paragraph (1), the State of Arizona,
        State Land Department, shall receive an amount equal to the
        agreed negotiated value of the Tumamoc Hill property,
        determined as of the date of the acquisition, or the just
        compensation determined by judgment.
            (3) Determination of value by court.--In the absence of
        agreement as to the amount of just compensation, the State of
        Arizona or the Secretary may initiate a proceeding in the
        United States District Court for the District of Arizona
        seeking a determination of just compensation for the
        acquisition of the Tumamoc Hill property.
    (b) Conveyance Authorized.--
            (1) In general.--When Pima County, Arizona, pays to the
        State of Arizona, State Land Department, the amount of
        compensation determined under subsection (a), the Secretary
        shall convey to Pima County all right, title, and interest of
        the United States in and to the Tumamoc Hill property.
            (2) Time for conveyance.--The conveyance authorized under
        paragraph (1) shall be completed prior to the expiration of the
        60-day period which begins on the date Pima County pays to the
        State of Arizona, State Land Department, the amount described
        in paragraph (1).

SEC. 4. ADMINISTRATION OF LAND EXCHANGES.

    (a) Title Standards.--The Secretary shall require that title to the
lands to be exchanged under this Act conform with the title standards
of the Attorney General of the United States.
    (b) Corrections to Legal Descriptions.--By mutual agreement, the
Secretary and the party involved may adjust the legal descriptions
contained in this Act to correct errors or to make minor adjustments in
the boundaries of the lands to be exchanged.
    (c) Appraisals.--
            (1) In general.--The values of the lands to be exchanged
        under this Act shall be determined by the Secretary through an
        appraisal performed by a qualified appraiser mutually agreed to
        by the Secretary and the party involved and performed in
        conformance with the Uniform Appraisal Standards for Federal
        Land Acquisitions (United States Department of Justice,
        December 2000), the Uniform Standards of Professional Appraisal
        Practice, and section 206(d) of the Federal Land Policy and
        Management Act of 1976 (43 U.S.C. 1716(d)).
            (2) Deadline for appraisals.--All appraisals under this Act
        shall be completed and submitted to the Secretary and the party
        involved for approval before the expiration of the 180-day
        period beginning on the date of the enactment of this Act.
    (d) Deadline for Environmental Reviews.--Before the expiration of
the 180-day period beginning on the date of the enactment of this Act,
the Secretary shall complete all environmental reviews of lands to be
exchanged under this Act that are required by the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

SEC. 5. DEFINITIONS.

    In this Act:
            (1) The term ``Empirita-Simonson property'' means the
        parcel of land consisting of approximately 2,490 acres in
        sections 14, 22, 23, 24, 25, 26, and 36, township 17 south,
        range 18 east, Gila and Salt River Base and Meridian.
            (2) The term ``Ironwood-Moore property'' means the parcel
        of land consisting of approximately 600 acres in section 32,
        township 11 south, range 9 east, Gila and Salt River Base and
        Meridian.
            (3) The term ``Sahuarita property'' means the parcel of
        land consisting of approximately 1,280 acres in sections 5, 7,
        and 8, township 17 south, range 15 east, Gila and Salt River
        Base and Meridian.
            (4) The term ``Secretary'' means the Secretary of the
        Interior.
            (5) The term ``Tumamoc Hill property'' means the parcel of
        land owned by the State of Arizona consisting of approximately
        290 acres in sections 9, 10, 15, and 16 township 14 south,
        range 13 east, Gila and Salt River Base and Meridian, excluding
        approximately 30 acres of landfill as shown on the map on file
        in the records of Pima County, Arizona.

Summary: Pima County Land Adjustment Act - Requires the Secretary of the Interior to convey to Las Cienegas Conservation, LLC, the Sahuarita property, which consists of approximately 1,280 acres, in exchange for both the Ironwood-Moore property, which consists of approximately 600 acres, and the Empirita-Simonson property, which consists of approximately 2,490 acres. Requires the Secretary to modify the boundaries of the Las Cienegas National Conservation to include the Empirita-Simonson property. Requires the Secretary to convey the Tumamoc Hill property, which consists of approximately 290 acres, to Pima County, Arizona upon the County paying the value of such property to the State of Arizona and the State Land Department.

To provide for a land exchange involving certain Bureau of Land Management lands in Pima County, Arizona for the purpose of consolidating Federal land ownership within the boundaries of the Ironwood Forest National Monument and the Las Cienegas National Conservation Area, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Urban Sprawl and Smart Growth Study
Act''.

SEC. 2. FINDINGS.

    The Congress finds as follows:
            (1) Urban sprawl destroys valuable open space, farmland,
        wildlife, and natural, cultural, scenic, and recreational
        resources.
            (2) Urban sprawl also leads to costly public expenditures
        for infrastructure, public schools, and transportation for
        newly developed areas while causing disinvestment in the urban
        cores of cities and towns.
            (3) Smart growth can prevent these problems and help
        enhance the quality of life for everyone.
            (4) Although growth management is primarily a State,
        tribal, and local responsibility, the effects of Federal
        actions contributing to or avoiding urban sprawl can be
        considerable.
            (5) Federal agencies can benefit from additional guidance
        to improve the use of environmental impact statements and
        environmental assessments in considering the potential effects
        of their proposed actions on urban sprawl and smart growth.

SEC. 3. SMART GROWTH STUDY.

    (a) Study Required.--The Council on Environmental Quality shall
conduct a study of urban sprawl and smart growth that updates and
builds on the Council's 1974 study entitled ``The Costs of Sprawl'' and
the Council's 1981 study entitled ``National Agricultural Lands
Study''.
    (b) Examination of Environmental Impact Statements.--In conducting
the study, the Council shall select and examine a variety of
environmental impact statements and environmental assessments by a
minimum of 15 Federal agencies, that were completed after 1995 for land
and facility management, transportation and infrastructure, and
regulatory and development assistance programs, including rural, urban,
and tribal assistance.
    (c) Public Participation.--The Council shall provide opportunities
for public participation in the study, including by--
            (1) conducting public meetings in at least 5 cities that,
        as determined by the Council, are each located--
                    (A) in a different region of the United States; and
                    (B) in an area that is experiencing an increase in
                urban sprawl;
            (2) making electronically accessible to the public
        information on the study and related documents; and
            (3) holding discussions with Federal, State, and local
        government personnel and representatives of Indian tribes
        involved in the process of formulating environmental impact
        statements and environmental assessments.
    (d) Report.--Not later than 18 months after the date of the
enactment of this Act, the Council shall submit a report to the
Committee on Resources of the House of Representatives and the
Committee on Environment and Public Works of the Senate describing the
results of the study, including the following:
            (1) Findings of the Council concerning the economic,
        environmental, and land use effects of urban sprawl, such as
        those relating to energy, transportation, housing, schools,
        small business, Government facilities and military
        installations, public lands and forests, parks and recreation,
        agriculture and rural landscapes, air and water, and natural,
        scenic, and cultural resources.
            (2) Recommendations for improving environmental reviews by
        Federal agencies to more adequately address urban sprawl.
            (3) Recommendations for nonregulatory actions that may be
        taken by Federal agencies to--
                    (A) assist States and local communities in efforts
                to promote the beneficial effects of smart growth; and
                    (B) minimize actions by the agencies that result in
                adverse effects of urban sprawl.
    (e) Participation of Other Agencies.--In carrying out this section,
the Council should seek the participation of other Federal agencies.
    (f) Authorization of Appropriations.--There are authorized to be
appropriated to the Council $300,000 for the purpose of carrying out
this section, in addition to any other amounts that are available for
such purpose.

SEC. 4. COMMENTS ON URBAN SPRAWL.

    In any written comment prepared under section 309 of the Clean Air
Act (42 U.S.C. 7609) for any matter contained in any proposed
legislation, Federal project, Federal agency action, or proposed
regulation described in clause (1), (2), or (3) of subsection (a) of
that section, the Administrator of the Environmental Protection Agency
shall address the impact of the matter on urban sprawl.

SEC. 5. NOTIFICATION, CONSULTATION, AND CONSIDERATION OF EFFECTS BEFORE
              DETERMINING WHETHER TO PREPARE AN ENVIRONMENTAL IMPACT
              STATEMENT.

    (a) Notice and Comment.--In preparing an environmental assessment
for a proposed Federal action and before determining whether to prepare
an environmental impact statement for the action, the head of a Federal
agency shall--
            (1) publish notice of the action in the Federal Register
        and local newspapers of general circulation;
            (2) directly notify persons that may be affected by the
        proposed Federal action, including each State government, local
        government, Indian tribe, and private property owner that may
        be so affected;
            (3) conduct discussions with such persons on the proposed
        action and its alternatives; and
            (4) seek to address such persons' concerns, if any.
    (b) Consideration of Request for Environmental Impact Statement.--
If the Governor of a State or the head of a local government or Indian
tribe referred to in subsection (a)(1) submits in writing to the head
of the Federal agency a statement that the proposed Federal action will
result in urban sprawl significantly affecting the quality of the human
environment and a request for preparation of an environmental impact
statement for the proposed Federal action, the head of the Federal
agency shall give great weight to the request in determining whether to
prepare an environmental impact statement for the proposed Federal
action.
    (c) Publication of Environmental Assessment.--If, after receiving a
written statement and request for an environmental impact statement
under subsection (b) for a proposed Federal action, the head of a
Federal agency determines that the environmental impact statement is
not required by section 102(2)(C) of the National Environmental Policy
Act of 1969 (42 U.S.C. 4332(2)(C)), the agency head shall--
            (1) include in an environmental assessment for the action
        an explanation of why the proposed action will not result in
        urban sprawl significantly affecting the quality of the human
        environment;
            (2) provide public notice of the availability of the
        assessment in the Federal Register and local newspapers of
        general circulation; and
            (3) transmit a copy of the assessment to the Council on
        Environmental Quality.
    (d) Urban Sprawl.--The head of a Federal agency shall include in an
environmental impact statement requested pursuant to subsection (b),
for each alternative included in the statement under section
102(2)(C)(iii) of the National Environmental Policy Act of 1969 (42
U.S.C. 4332(2)(C)(iii)), an analysis of the environmental effects of
the action on urban sprawl.

SEC. 6. DEFINITIONS.

    For purposes of this Act:
            (1) Council.--The term ``Council'' means the Council on
        Environmental Quality.
            (2) Environmental assessment.--The term ``environmental
        assessment'' has the meaning given to that term in section
        1508.9 of title 40, Code of Federal Regulations, as in effect
        on the date of the enactment of this Act.
            (3) Environmental impact statement.--The term
        ``environmental impact statement'' means a detailed written
        statement under section 102(2)(C) of the National Environmental
        Policy Act of 1969 (42 U.S.C. 4332(2)(C)).
            (4) Indian tribe.--The term ``Indian tribe'' means any
        Indian tribe, band, nation, pueblo, or other organized group or
        community, including any Alaska Native village or regional
        corporation as defined in or established pursuant to the Alaska
        Native Claims Settlement Act, that is recognized as eligible
        for the special programs and services provided by the United
        States to members of the Indian tribe because of their status
        as members.
            (5) Urban sprawl.--The term ``urban sprawl''--
                    (A) means any change in the pattern of the use of
                land outside of an urban center that results in a
                relatively dispersed form of residential or commercial
                development; and
                    (B) includes any such change that--
                            (i) may result in loss of open space,
                        farmland, rural landscapes, wildlife, or
                        natural, cultural, scenic, or recreational
                        resources; or
                            (ii) may result in high public costs for
                        infrastructure, public facilities, or
                        transportation and lead to disinvestment in
                        older urban or suburban areas.
            (6) Smart growth.--The term ``smart growth'' means policies
        regarding growth and development that--
                    (A) recognize the effects of new growth and
                development, including the environmental, economic, and
                social costs described in paragraph (5)(B); and
                    (B) attempt to mitigate those effects in advance so
                as to avoid or reduce them.

Summary: Urban Sprawl and Smart Growth Study Act - Requires the Council on Environmental Quality to study and report to specified congressional committees on urban sprawl and smart growth, examining environmental impact statements (EIS) and assessments by a minimum of 15 Federal agencies that were completed after 1995. Provides for consideration of urban sprawl in environmental assessments and EIS prepared by Federal agencies for proposed Federal actions.

To require the Council on Environmental Quality to conduct a study on urban sprawl and smart growth, and to ensure the consideration by Federal agencies of urban sprawl in the preparation of their environmental reviews under the National Environmental Policy Act of 1969.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Quality Commitment Award
Act of 1993''.

SEC. 2. PURPOSE.

    It is the purpose of this Act to provide for the establishment and
conduct of a national commitment to quality award program under which
awards are given to institutions of higher education that--
            (1) teach effective total quality management;
            (2) reorient their education programs to emphasize the
        value and prestige of pursuing careers in process manufacturing
        engineering;
            (3) apply total quality management to the operations of
        their institution of higher education; and
            (4) apply total quality management in their joint research
        and development contracts with private industry.

SEC. 3. AWARD PROGRAM.

    The Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.
3701 et seq.) is amended by adding at the end the following new
section:

``SEC. 22. NATIONAL COMMITMENT TO QUALITY AWARD PROGRAM.

    ``(a) Program Established.--
            ``(1) In general.--The Secretary shall carry out an award
        program to be known as the National Commitment to Quality Award
        Program.
            ``(2) Contents.--In carrying out the award program
        described in paragraph (1), the Secretary--
                    ``(A) shall conduct a competition and make monetary
                awards in accordance with subsection (b)(1);
                    ``(B) may make special awards in accordance with
                subsection (b)(2); and
                    ``(C) shall provide each recipient of such a
                monetary or special award with a medal described in
                paragraph (3).
            ``(3) Medal.--Each recipient of an award under this section
        shall receive a medal bearing the inscriptions `National
        Commitment to Quality Award' and `The Quest for Excellence'.
        The medal shall be of such design and materials and bear such
        additional inscriptions as the Secretary may prescribe.
            ``(4) Designation.--Awards under this section shall be
        known as National Commitment to Quality Awards.
    ``(b) Awards.--
            ``(1) Competition for monetary awards.--(A) From amounts
        appropriated pursuant to the authority of subsection (j), the
        Secretary shall periodically conduct a competition and make at
        least 3 monetary awards to institutions of higher education in
        accordance with the provisions of this section.
            ``(B) The monetary awards described in subparagraph (A)
        shall be in an amount equal to--
                    ``(i) $3,000,000 for the institution of higher
                education receiving first place in the competition
                described in subparagraph (A);
                    ``(ii) $2,000,000 for the institution receiving
                second place in such competition;
                    ``(iii) $1,000,000 for the institution receiving
                third place in such competition; and
                    ``(iv) not more than $1,000,000 for any other such
                institution receiving an award pursuant to such
                competition.
            ``(2) Specialized awards.--(A) From amounts appropriated
        pursuant to the authority of subsection (j), the Secretary may
        award to any institution of higher education that excels in
        teaching or practicing either total quality management or
        process manufacturing engineering services productivity
        improvement a specialized award.
            ``(B) The specialized award described in subparagraph (A)
        shall be in an amount which is not more than $500,000.
            ``(3) Application fee prohibited.--The Secretary shall not
        charge an institution of higher education a fee in order to
        apply for or receive an award under this section.
    ``(c) Making and Presentation of Awards.--
            ``(1) In general.--The President (on the basis of
        recommendations received from the Secretary), or the Secretary,
        shall periodically make awards to institutions of higher
        education which in the judgment of the President or the
        Secretary have substantially benefited the economic and social
        well being of the United States through activities that--
                    ``(A) teach effective total quality management
                techniques and approaches;
                    ``(B) demonstrate continuous improvement in the
                institution's total quality management curriculum;
                    ``(C) emphasize the value and prestige of pursuing
                careers in process manufacturing engineering;
                    ``(D) demonstrate continuous improvement in the
                institution's education program through application of
                total quality management principles within the
                institution; and
                    ``(E) demonstrate commitment and application of
                total quality management principles in joint research
                relationships that the institution maintains with
                private industry.
            ``(2) Presentation ceremony.--The presentation of the
        awards under this section shall be made by the President or the
        Secretary with such ceremonies as the President or the
        Secretary may deem proper.
            ``(3) Publication and ineligibility.--An institution of
        higher education to which an award is made under this section,
        and which agrees to help other institutions of higher education
        improve their total quality management curriculum may publicize
        its receipt of such award, but such institution shall be
        ineligible to receive another such award for a period of 5
        years.
            ``(4) Use of award.--An institution of higher education
        receiving an award under this section shall use the proceeds of
        such award to further improve the total quality management and
        process manufacturing engineering curriculum of such
        institution.
    ``(d) Award Criteria.--
            ``(1) In general.--Awards under this section shall be made
        to qualifying institutions of higher education that place an
        emphasis on--
                    ``(A) total quality management, including--
                            ``(i) leadership in teaching how to create
                        a quality culture;
                            ``(ii) leadership in teaching information
                        and analysis such as statistical process
                        contracts for quality improvement;
                            ``(iii) the effectiveness of the
                        institution's quality improvement program to
                        teach integration of quality requirements into
                        businesses' plans;
                            ``(iv) the success of the institution's
                        efforts to teach students how to realize the
                        full potential of the work force for quality;
                            ``(v) teaching quality awareness;
                            ``(vi) emphasis on customer satisfaction;
                            ``(vii) leadership in teaching how to
                        integrate the total quality management
                        philosophy; and
                            ``(viii) demonstrated success in teaching
                        students how to instill the full potential
                        total quality management philosophy in the work
                        force;
                    ``(B) the importance of process manufacturing,
                including--
                            ``(i) leadership in teaching a better
                        understanding of market forces and industry
                        needs, industrial processes, and manufacturing
                        and quality practices that are driven by market
                        pull, not science push;
                            ``(ii) leadership in developing and
                        teaching a more accelerated approach to
                        research, development, and manufacturing in
                        order to teach students how to move products
                        more quickly from the basic research phase to
                        the commercialization phase with an emphasis on
                        teamwork;
                            ``(iii) leadership in teaching better
                        integration of design and production, including
                        teaching students how to design with
                        manufacturability in mind, and to focus on
                        cost-effectiveness, quality reliability,
                        simplicity, flexibility, and modularity; and
                            ``(iv) leadership in teaching students to
                        give greater consideration to potential
                        commercial applications in the planning and
                        conduct of research and development through
                        input from potential users, and closer working
                        relationship between the national research
                        laboratories, industry, and universities.
    ``(e) Criteria for Qualification.--
            ``(1) In general.--(A) An institution of higher education
        may qualify for an award under this section only if such
        institution--
                    ``(i) applies to the Secretary in writing, for the
                award;
                    ``(ii) permits a rigorous evaluation in accordance
                with subparagraphs (B) and (C) of the success of the
                institution's curriculum for total quality management
                and process manufacturing engineering; and
                    ``(iii) meets such requirements and specifications
                as the Secretary, after receiving recommendations from
                the board of overseers, determines to be appropriate to
                achieve the purposes of this section.
            ``(B) In carrying out the provisions of clause (ii) of
        subparagraph (A), the Secretary shall develop evaluation
        criteria and procedures.
            ``(C) In applying the provisions of clause (iii) of
        subparagraph (A) with respect to any institution of higher
        education, the Secretary shall rely upon intensive evaluation
        by the board of overseers which shall--
                    ``(i) review the information submitted by the
                institution of higher education, and through a site
                visit verify the achievements of--
                            ``(I) the total quality management
                        curriculum and process manufacturing
                        engineering programs of such institution; and
                            ``(II) such institution in practicing total
                        quality management;
                    ``(ii) encompass all aspects of the institution of
                higher education's total quality management and process
                manufacturing engineering program, as well as such
                institution's future goals for its total quality
                management and process manufacturing engineering
                curriculum; and
                    ``(iii) include an analysis of whether the
                institution of higher education in practicing or
                applying total quality management to its relationships
                with industry and in its day-to-day administration of
                the institution.
            ``(2) Contractual arrangements.--The Secretary may, under
        appropriate contractual arrangements, carry out the Secretary's
        responsibilities under subparagraphs (A) and (B) of paragraph
        (1) through one or more broadbased nonprofit entities which are
        leaders in the field of quality improvement programs and which
        have a history of service to society.
            ``(3) Responsibilities of the board of overseers.--The
        board of overseers shall meet annually to review the work of
        the Secretary or the contractor and make such suggestions for
        the improvement of the award process as such board deems
        necessary. The board of overseers shall report the results of
        the award activities to the Secretary each fiscal year, along
        with its recommendations for improvement of the award process.
    ``(f) Information and Evaluation.--The Secretary shall ensure that
each applicant for an award under this section receives the complete
results of the evaluation of such institution conducted pursuant to
subsection (e)(1)(ii) as well as detailed explanations of all
suggestions for improvements. The Secretary shall also provide
information about the awards and successful total quality management
and process manufacturing engineering curriculum of the award-winning
institutions of higher education to each applicant for an award under
this section and other appropriate groups.
    ``(g) Funding.--The Secretary is authorized to seek and accept
gifts and donations of property or services from public and private
sources to carry out the award program assisted under this section.
    ``(h) Report.--The Secretary shall prepare and submit to the
President and the Congress, within 3 years after the date of the
enactment of this section, a report on the progress, findings, and
conclusions of activities conducted pursuant to this section along with
a recommendation for possible modifications thereof.
    ``(i) Definitions.--For the purpose of this section--
            ``(1) the term `board of overseers' means the board of
        overseers established pursuant to section 17(d)(2)(B) of this
        Act for the year in which the determination is made;
            ``(2) the term `manufacturing process technology' means
        engineering training which specializes in understanding and
        implementing a manufacturing process under which a high quality
        product is produced in a timely fashion, including simulative
        engineering and the skills necessary for rapid representative
        prototyping;
            ``(3) the term `Secretary' means the Secretary of Commerce;
        and
            ``(4) the term `total quality management' means a
        management approach which includes--
                    ``(A) systems thinking; and
                    ``(B) statistical proces control, theories of human
                behavior, leadership, and planning that is quality-
                driven, customer-oriented, and committed to teamwork.
    ``(j) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary for each fiscal year to
carry out this section.''.

Summary: National Quality Commitment Award Act of 1993 - Amends the Stevenson-Wydler Technology Innovation Act of 1980 to establish the National Commitment to Quality Award Program involving the awarding of a medal and at least three monetary competitive awards to institutions of higher education. Authorizes specialized monetary awards to any institution of higher education that excels in teaching or practicing either total quality management (TQM) or process manufacturing engineering services productivity improvement.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Immigration Backlog Reduction Act of
2011''.

SEC. 2. EXPEDITED REMOVAL OF INADMISSIBLE ARRIVING ALIENS.

    Section 235(b)(1)(A) of the Immigration and Nationality Act (8
U.S.C. 1225(b)(1)(A)) is amended by striking clauses (i) through (iii)
and inserting the following:
                            ``(i) In general.--If an immigration
                        officer determines that an alien (other than an
                        alien described in subparagraph (F)) who is
                        arriving in the United States, or who has not
                        been admitted or paroled into the United States
                        and has not been physically present in the
                        United States continuously for the 4-year
                        period immediately prior to the date of the
                        determination of inadmissibility under this
                        paragraph, is inadmissible under section
                        212(a)(6)(C) or 212(a)(7), the officer shall
                        order the alien removed from the United States
                        without further hearing or review, unless--
                                    ``(I) the alien has been charged
                                with a crime;
                                    ``(II) the Secretary determines
                                that the alien presents a significant
                                risk to national security; or
                                    ``(III) the alien indicates an
                                intention to apply for asylum under
                                section 208 or a credible fear of
                                persecution and the officer determines
                                that the alien has been physically
                                present in the United States for less
                                than 1 year.
                            ``(ii) Claims for asylum.--If an
                        immigration officer determines that an alien
                        (other than an alien described in subparagraph
                        (F)) who is arriving in the United States, or
                        who has not been admitted or paroled into the
                        United States and has not been physically
                        present in the United States continuously for
                        the 4-year period immediately prior to the date
                        of the determination of inadmissibility under
                        this paragraph, is inadmissible under section
                        212(a)(6)(C) or 212(a)(7), and the alien
                        indicates either an intention to apply for
                        asylum under section 208 or a credible fear of
                        persecution, the officer shall refer the alien
                        for an interview by an asylum officer under
                        subparagraph (B) if the officer determines that
                        the alien has been physically present in the
                        United States for less than 1 year.''.

SEC. 3. EXPEDITED REMOVAL OF CRIMINAL ALIENS.

    (a) In General.--Section 238 of the Immigration and Nationality Act
(8 U.S.C. 1228) is amended--
            (1) by amending the section heading to read as follows:
        ``expedited removal of criminal aliens'';
            (2) in subsection (a), by amending the subsection heading
        to read as follows: ``Expedited Removal From Correctional
        Facilities'';
            (3) in subsection (b), by amending the subsection heading
        to read as follows: ``Removal of Criminal Aliens'';
            (4) in subsection (b), by striking paragraphs (1) and (2)
        and inserting the following:
            ``(1) The Secretary of Homeland Security may, in the case
        of an alien described in paragraph (2), determine the
        deportability of such alien and issue an order of removal
        pursuant to the procedures set forth in this subsection or
        section 240.
            ``(2) An alien is described in this paragraph if the alien,
        whether or not admitted into the United States--
                    ``(A) was convicted of any criminal offense
                described in subparagraph (A)(iii), (C), or (D) of
                section 237(a)(2); and
                    ``(B) at the time of the commission of the offense
                of which that alien was convicted, that alien was--
                            ``(i) not lawfully admitted for permanent
                        residence; or
                            ``(ii) had permanent resident status on a
                        conditional basis (as described in section
                        216).'';
            (5) in the first subsection (c) (relating to presumption of
        deportability), by striking ``convicted of an aggravated
        felony'' and inserting ``described in paragraph (b)(2)''; and
            (6) by redesignating the second subsection (c) (relating to
        judicial removal) as subsection (d).
    (b) Limit on Injunctive Relief.--Section 242(f)(2) of such Act (8
U.S.C. 1252(f)(2)) is amended by inserting ``or stay, whether
temporarily or otherwise,'' after ``enjoin''.

Summary: Immigration Backlog Reduction Act of 2011 - Amends the Immigration and Nationality Act to set forth provisions regarding the expedited removal of: (1) inadmissible arriving aliens, and (2) criminal aliens.

To provide for expedited removal of certain aliens, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Power Asset Privatization
Act of 1995''.

SEC. 2. FINDINGS.

    The Congress finds that:
            (1) the Federal Power Marketing Administrations, over the
        years, have served to help bring electricity to many areas in
        the Nation;
            (2) they have done so with the investment of the American
        taxpayer;
            (3) the necessity of federally owned power generation and
        transmission facilities has passed and halting this practice is
        in the best national interest of the United States;
            (4) in fairness to the longtime consumers of Federal Power
        Marketing Administrations, any process of sale should be open
        to them;
            (5) the taxpayers, through investing in the construction
        and operation, have established equity in the facilities; and
            (6) this equity entitles the American taxpayer to expect
        the highest possible return in the sale process.

SEC. 3. SALE OF ASSETS.

    (a) Sale of Assets.--The Secretary of Energy (hereinafter referred
to as ``the Secretary'') is authorized and directed to take such steps
as necessary to sell all electric power generation facilities and
transmission facilities, that are currently owned and operated by
Federal departments and agencies under the supervision of, or
coordination with, the Federal Power Marketing Administrations. No
foreign person or corporation may purchase any such facilities; such
facilities may be sold only to a United States citizen or to a
corporation or partnership organized under the laws of a State. After
such sales are completed the Secretary shall terminate the operations
of the Federal Power Marketing Administrations. The heads of other
affected Federal departments and agencies shall assist the Secretary of
Energy in implementing the sales authorized by this section.
    (b) Price; Structure of Sale.--
            (1) Price.--The Secretary shall obtain the highest possible
        price for such facilities. In determining the highest possible
        price, the value of future tax revenues shall be included.
            (2) Retention of financial advisor.--In order to conduct
        the sales authorized by this section in such manner as will
        produce the highest possible price for the facilities to be
        sold consistent with this Act, within 30 days of enactment of
        this section, the Secretary shall, through a competitive
        bidding process, retain an experienced private sector firm to
        serve as financial advisor to the Secretary with respect to
        such sales.
            (3) Financial advisor's report.--Within 90 days of being
        retained by the Secretary, the financial advisor shall provide
        to the Secretary a report containing--
                    (A) a description of those assets described in
                subsection (a) which, in the opinion of the financial
                advisor, can be successfully transferred to private
                sector ownership or operation;
                    (B) the value of each such asset, calculated on the
                basis of the valuation method or methods which the
                financial advisor deems most appropriate to a
                particular asset;
                    (C) the appropriate alternative transactional
                methods for transferring each such asset to private
                sector ownership or operation;
                    (D) the amount of proceeds which the financial
                advisor estimates would be paid to the United States
                Government as a result of such transaction, including
                the present value of future revenue from taxes and any
                other future payments to be made to the United States
                Government; and
                    (E) an estimate of the average market rate for
                wholesale electric power sales within each region
                served by a Federal Power Marketing Administration.
    (c) Time of Sale.--Sales of facilities under this section shall be
conducted in accordance with the time of sale schedule set forth in
section 4. At least one year before the date of any sale specified in
such schedule, the Secretary, in consultation with the Secretary of the
Army and the Secretary of the Interior, and based on the
recommendations of the financial advisor, shall select the facilities
or groups of facilities to be sold and establish the terms and
conditions of the sale.
    (d) Former Employees of PMAS.--It is the sense of the Congress that
the purchaser of any such facilities should offer to employ, where
possible, former employees of the Federal Power Marketing
Administrations in connection with the operation of the facilities
following their purchase.
    (e) Proceeds.--The Secretary of Energy shall deposit sale proceeds
in the Treasury of the United States to the credit of miscellaneous
receipts.
    (f) Preparation.--The Secretary of Energy is authorized to use
funds appropriated to the Department of Energy for the Federal Power
Marketing Administrations and funds otherwise appropriated to other
Federal agencies for power generation and related activities in order
to prepare these assets for sale and conveyance. Such preparation shall
provide sufficient title to ensure the beneficial use, enjoyment, and
occupancy to the purchasers of the assets to be sold and shall include
identification of all associated laws and regulations to be amended for
the purpose of these sales. The Secretary of Energy shall undertake a
study of the effect of sales of facilities under this Act on existing
contracts for the sale of electric power generated at such facilities.
    (g) Reporting of Sales.--Not later than one year after the sale of
the assets of each Federal Power Marketing Administration in accordance
with this Act, the Secretary of Energy shall--
            (1) complete the business of, and close out, such
        administration; and
            (2) prepare and submit to Congress a report documenting the
        sales.
    (h) Treatment of Sales For Purposes of Certain Laws.--The sales of
assets under this Act shall not be considered a disposal of Federal
surplus property under the following provisions of law:
            (1) Section 203 of the Federal Property and Administrative
        Services Act of 1949 (40 U.S.C. 484).
            (2) Section 13 of the Surplus Property Act of 1944 (50
        U.S.C. App. 1622).

SEC. 4. TIME OF SALES.

    (a) Schedule.--During the next 5 years, the Secretary of Energy
shall complete the sale of the electric power generation and
transmission assets referred to in section 3 in accordance with the
following schedule:

------------------------------------------------------------------------
           Power Administration                 Sale Completion Date
------------------------------------------------------------------------
  Alaska                                      Before September 30, 1996
  Southeastern                                Before September 30, 1997
  Southwestern                                Before September 30, 1998
  Western Area                                Before September 30, 1999
  Bonneville                                  Before September 30, 2000
------------------------------------------------------------------------

    (b) Unexpended Balances.--Following the sale of the assets of each
of the Federal Power Marketing Administrations and their associated
power generation facilities, the Secretary of Energy shall return the
unexpended balances of funds appropriated for that administration to
the Treasury of the United States.

SEC. 5. RATE STABILIZATION FOR AFFECTED CONSUMERS.

    So that the affected consumers of each Federal Power Marketing
Administration are not impacted by severe rate increases, each
purchaser of electric power generation facilities providing electric
power to customers within any region shall be required, as part of the
agreement to purchase such facilities, to insure that the price at
which electric power is sold to such consumers does not increase above
the baseline price at a rate greater than 10 percent annually. For
purposes of this section, the term ``baseline price'' means the price
for the sale of electric power to a consumer that is in effect on the
date of the sale of the facility. The preceding sentence shall cease to
apply when the price at which electric power is sold to a consumer is
at least equal to the average market rate for wholesale electric power
sales within the region concerned, as determined by the Financial
Advisor.

SEC. 6. LICENSING OF PROJECTS TO PRESERVE CURRENT OPERATING CONDITIONS.

    (a) Original License.--Simultaneously with the sale of
hydroelectric generation facility under this Act, the Federal Energy
Regulatory Commission shall issue an original license under part 1 of
the Federal Power Act (16 U.S.C. 791a-823b) to the purchaser for the
construction, operation, and maintenance of such facility. Such license
shall expire on the date 10 years after the date of the sale facility
and shall contain standard terms and conditions for hydroelectric power
licenses issued under part 1 of such Act for facilities installed at
Federal water projects, together with such additional terms and
conditions as the Commission deems necessary, in consultation with the
department or agency which operates such water project, to further the
project purposes and insure that the project will continue operations
in the same manner and subject to the same procedures, contracts, and
other requirements as were applicable prior to the sale. The Commission
shall publish such license terms and conditions for each facility to be
sold under this Act as promptly as practicable after the date of the
enactment of this Act but not later than one year prior to the date
established for the sale of the facility.
    (b) License Required.--Notwithstanding any other provision of law,
the Federal Energy Regulatory Commission shall have jursidiction under
part 1 of the Federal Power Act over any hydroelectric generation
facility sold under this Act.

SEC. 7. ENABLING FEDERAL STUDIES.

    Section 505 of the Energy and Water Development Appropriations Act
of 1993 (Public Law 102-377) is hereby repealed.

SEC. 8. DEFINITION OF POWER GENERATION FACILITY.

    For purposes of this Act, the term ``power generation facility''
means a facility used for the generation of electric energy. If any
portion of a structure or other facility is used for flood control,
water supply or other purposes in addition to the generation of
electric energy, such term refers only to that portion of the structure
or facility used exclusively for the generation of electric energy,
including turbines, generators, controls, substations, and primary
lines used for transmitting electric energy therefrom to the point of
juncture with the interconnected primary transmission system. Such term
shall not include any portion of a facility used for navigation, flood
control, irrigation, water supply, or recreation.

Summary: Federal Power Asset Privatization Act of 1995 - Directs the Secretary of Energy to sell, at the highest possible price, all Federal electric power generation and transmission facilities supervised by, or coordinated with, the Federal Power Marketing Administrations. Restricts such sales to domestic entities or US citizens. Requires the Secretary to terminate Federal Power Marketing Administration operations upon completion of the sales. Directs the Secretary to retain a private sector firm through a competitive bidding process to serve as financial advisor with respect to such sales. Expresses the sense of the Congress that the purchaser of any such facilities should offer to employ former Federal Power Marketing Administration personnel. Mandates that sale proceeds be deposited into the Treasury. Sets forth a sales completion deadline for each Power Marketing Administration. Mandates that the pertinent sales agreements require each purchaser providing electric power to customers within any region to insure that the price of electric power does not increase above the baseline price at a rate greater than ten percent annually. Directs the Federal Energy Regulatory Commission (FERC) to issue to the purchaser of a hydroelectric generation facility a ten-year original license under the Federal Power Act to insure that the project will continue operations under the same conditions as were applicable prior to the sale. Grants FERC Federal Power Act jurisdiction over any such facility sold. Amends the Energy and Water Development Appropriations Act of 1993 to repeal the proscription against the use of appropriated funds for studies regarding a changeover from an at cost to a market rate or other noncost-based methodology for pricing hydroelectric power.


SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Construction
Consensus Procurement Improvement Act of 2016''.
    (b) Table of Contents.--The table of contents for this Act is as
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Congressional findings.
Sec. 3. Design-build construction process improvement.
Sec. 4. Prohibition on the use of a reverse auction for the award of a
                            contract for design and construction
                            services.

SEC. 2. CONGRESSIONAL FINDINGS.

    Congress makes the following findings:
            (1) The acquisition procedures that are often used
        effectively to procure products and other forms of services are
        not always appropriate for procurement of design and
        construction services.
            (2) Federal procurement officials often adopt contracting
        techniques from the private sector and have used those
        techniques effectively to procure products and services.
            (3) Design-build is a procurement technique Federal
        officials have adopted from the private sector that has worked
        well for procurement of design and construction services.
            (4) The current statutory framework for design-build could
        benefit from legislative refinement.
            (5) Reverse auctions are another procurement technique
        Federal officials have adopted from the private sector and used
        successfully to award contracts for the purchase of products
        that are commercially equivalent to commodities.
            (6) Despite their success in other contexts, reverse
        auctions are generally inappropriate for procurement of design
        and construction services, given the unique nature of each such
        project.

SEC. 3. DESIGN-BUILD CONSTRUCTION PROCESS IMPROVEMENT.

    (a) Civilian Contracts.--
            (1) In general.--Section 3309(b) of title 41, United States
        Code, is amended to read as follows:
    ``(b) Criteria for Use.--
            ``(1) Contracts with a value of at least $750,000
        $3,000,000.--Two-phase selection procedures shall be used for
        entering into a contract for the design and construction of a
        public building, facility, or work when a contracting officer
        determines that the project has a value of $750,000 $3,000,000
        or greater, as adjusted for inflation in accordance with
        section 1908 of this title.
            ``(2) Contracts with a value less than $750,000
        $3,000,000.--For projects that a contracting officer determines
        have a value of less than $750,000 $3,000,000, the contracting
        officer shall make a determination whether two-phase selection
        procedures are appropriate for use for entering into a contract
        for the design and construction of a public building, facility,
        or work when--
                    ``(A) the contracting officer anticipates that 3 or
                more offers will be received for the contract;
                    ``(B) design work must be performed before an
                offeror can develop a price or cost proposal for the
                contract;
                    ``(C) the offeror will incur a substantial amount
                of expense in preparing the offer; and
                    ``(D) the contracting officer has considered
                information such as--
                            ``(i) the extent to which the project
                        requirements have been adequately defined;
                            ``(ii) the time constraints for delivery of
                        the project;
                            ``(iii) the capability and experience of
                        potential contractors;
                            ``(iv) the suitability of the project for
                        use of the two-phase selection procedures;
                            ``(v) the capability of the agency to
                        manage the two-phase selection process; and
                            ``(vi) other criteria established by the
                        agency.''.
            (2) Annual reports.--
                    (A) In general.--Not later than November 30 of
                2017, 2018, 2019, 2020, and 2021, the head of each
                agency shall compile an annual report of each instance
                in which the agency awarded a design-build contract
                pursuant to section 3309 of title 41, United States
                Code, during the fiscal year ending in such calendar
                year, in which--
                            (i) more than 5 finalists were selected for
                        phase-two requests for proposals; or
                            (ii) the contract or order was awarded
                        without using two-phase selection procedures.
                    (B) Public availability.--The Director of the
                Office of Management and Budget shall facilitate public
                access to the reports, including by posting them on a
                publicly available Internet website. A notice of the
                availability of each report shall be published in the
                Federal Register.
    (b) GAO Reports.--Not later than 270 days after the deadline for
the final reports required under subsection (f) of section 3309 of
title 41, United States Code, as added by subsection (a)(1), the
Comptroller General of the United States shall issue a report analyzing
the compliance of the various Federal agencies with the requirements of
such section.

SEC. 4. PROHIBITION ON THE USE OF A REVERSE AUCTION FOR THE AWARD OF A
              CONTRACT FOR DESIGN AND CONSTRUCTION SERVICES.

    (a) Finding.--Congress finds that, in contrast to a traditional
auction in which the buyers bid up the price, sellers bid down the
price in a reverse auction.
    (b) Prohibition.--Not later than 180 days after the date of the
enactment of this Act, the Federal Acquisition Regulatory Council, in
consultation with the Administrator for Federal Procurement Policy,
shall amend the Federal Acquisition Regulation to prohibit the use of
reverse auctions as part of the two-phase selection procedure for
awarding contracts for construction and design services.
    (c) Definitions.--For purposes of this section--
            (1) the term ``design and construction services'' means--
                    (A) site planning and landscape design;
                    (B) architectural and engineering services
                (including surveying and mapping defined in section
                1101 of title 40, United States Code);
                    (C) interior design;
                    (D) performance of substantial construction work
                for facility, infrastructure, and environmental
                restoration projects;
                    (E) delivery and supply of construction materials
                to construction sites; or
                    (F) construction or substantial alteration of
                public buildings or public works; and
            (2) the term ``reverse auction'' means, with respect to
        procurement by an agency--
                    (A) a real-time auction conducted through an
                electronic medium among 2 or more offerors who compete
                by submitting bids for a supply or service contract
                with the ability to submit revised lower bids at any
                time before the closing of the auction; and
                    (B) the award of the contract, delivery order, task
                order, or purchase order to the offeror, in whole or in
                part, based on the price obtained through the auction
                process.

Summary: Construction Consensus Procurement Improvement Act of 2016 This bill modifies the design-build selection procedures used by federal agencies soliciting offers to enter into civilian contracts for the design and construction of a public building, facility, or work. Two-phase selection procedures must be used when a contracting officer determines that a project has a value of $3 million or greater. But for contracts valued at less than $3 million, the contracting officer makes the same determination under current law as to whether the use of two-phase selection procedures is appropriate when the officer anticipates at least three offers for the contract. Federal agencies must report, each year through FY2021,nbsp. On each instance where the agency awarded a design-build contract in which: (1) more than five finalists were selected for phase-two requests for proposals, or (2) the contract or order was awarded without using two-phase selection procedures. The Government Accountability Office must report on agency compliance with design-build contract procedures. The Federal Acquisition Regulatory Council must amend the Federal Acquisition Regulation to prohibit the use of reverse auctions as part of the two-phase selection procedure for awarding contracts for construction and design services. A reverse auction, with respect to procurement by an agency, is: (1) a real-time auction conducted through an electronic medium among at least two offerors who compete by submitting bids for a supply or service contract with the ability to submit revised lower bids before the closing of the auction. And (2) the award of the contract, delivery order, task order, or purchase order to thenbsp, offeror based on the price obtained through the auction process.