SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Department of Veterans Affairs Nurse
Recruitment and Retention Act of 2004''.

SEC. 2. PILOT PROGRAM TO STUDY INNOVATIVE RECRUITMENT TOOLS TO ADDRESS
              NURSING SHORTAGES AT DEPARTMENT OF VETERANS AFFAIRS
              HEALTH-CARE FACILITIES.

    (a) Pilot.--(1) Not later than 90 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall
designate a health-care service region, or a section within such a
region, in which health-care facilities of the Department of Veterans
Affairs are adversely affected by a shortage of qualified nurses.
    (2) The Secretary shall conduct a pilot program in the region or
section designated under paragraph (1) to determine the effectiveness
of the use of innovative human-capital tools and techniques in the
recruitment of qualified nurses for positions at Department health-care
facilities and for the retention of nurses at such facilities. In
carrying out the pilot program, the Secretary shall enter into a
contract with a private-sector entity for services under the pilot
program for recruitment of qualified nurses.
    (b) Private-Sector Recruitment Practices.--For purposes of the
pilot program under this section, the Secretary shall identify and use
recruitment practices that have proven effective for placing qualified
individuals in positions that are difficult to fill due to shortages of
qualified individuals or other factors. Recruitment practices to be
reviewed by the Secretary for use in the pilot program shall include--
            (1) employer branding and interactive advertising
        strategies;
            (2) Internet technologies and automated staffing systems;
        and
            (3) the use of recruitment, advertising, and communication
        agencies.
    (c) Streamlined Hiring Process.--In carrying out the pilot program
under this section, the Secretary shall, at health-care facilities of
the Department in the region or section in which the pilot program is
conducted, revise procedures and systems for selecting and hiring
qualified nurses to reduce the length of the hiring process. If the
Secretary identifies measures to streamline and automate the hiring
process that can only be implemented if authorized by law, the
Secretary shall submit to the Committees on Veterans' Affairs of the
Senate and House of Representatives recommendations for such changes in
law as may be necessary to enable such measure to be implemented.
    (d) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to the Committees on
Veterans' Affairs of the Senate and House of Representatives a report
on the extent to which the pilot program achieved the goal of improving
the recruitment and retention of nurses in Department of Veterans
Affairs health-care facilities.

SEC. 3. ALTERNATE WORK SCHEDULES FOR NURSES.

    (a) Enhanced Shift Flexibility.--Chapter 74 of title 38, United
States Code, is amended by inserting after section 7456 the following
new section:
``Sec. 7456a. Alternate work schedules
    ``(a) Applicability.--This section applies to registered nurses
appointed under this chapter.
    ``(b) 36/40 Work Schedule.--(1) Subject to paragraph (2), if the
Secretary determines it to be necessary in order to obtain or retain
the services of registered nurses at a Department health-care facility,
the Secretary may provide, in the case of registered nurses employed at
that facility, that such a nurse who works three regularly scheduled
12-hour tours of duty within a workweek shall be considered for all
purposes (except computation of full-time equivalent employees for the
purposes of determining compliance with personnel ceilings) to have
worked a full 40-hour basic workweek. Such a schedule may be referred
to as a `36/40 work schedule'.
    ``(2)(A) Basic and additional pay for a registered nurse who is
considered under paragraph (1) to have worked a full 40-hour basic
workweek is subject to subparagraphs (B) and (C).
    ``(B) The hourly rate of basic pay for such a nurse for service
performed as part of a regularly scheduled 36-hour tour of duty within
the workweek shall be derived by dividing the nurse's annual rate of
basic pay by 1,872.
    ``(C)(i) Such a nurse who performs a period of service in excess of
such nurse's regularly scheduled 36-hour tour of duty within a workweek
is entitled to overtime pay under section 7453(e) of this title, or
other applicable law, for officially ordered or approved service
performed in excess of--
            ``(I) eight hours on a day other than a day on which such
        nurse's regularly scheduled 12-hour tour falls;
            ``(II) 12 hours for any day included in the regularly
        scheduled 36-hour tour of duty; and
            ``(III) 40 hours during an administrative workweek.
    ``(ii) Except as provided in clause (i), a registered nurse to whom
this subsection is applicable is not entitled to additional pay under
section 7453 of this title, or other applicable law, for any period
included in a regularly scheduled 12-hour tour of duty.
    ``(3) A nurse who works a 36/40 work schedule described in this
subsection who is absent on approved sick leave or annual leave during
a regularly scheduled 12-hour tour of duty shall be charged for such
leave at a rate of ten hours of leave for nine hours of absence.
    ``(c) 7/7 Work Schedule--(1) Subject to paragraph (2), if the
Secretary determines it to be necessary in order to obtain or retain
the services of registered nurses at a Department health-care facility,
the Secretary may provide, in the case of registered nurses employed at
such facility, that such a nurse who works seven regularly scheduled
10-hour tours of duty, with seven days off duty, within a two-week pay
period, shall be considered for all purposes (except computation of
full-time equivalent employees for the purposes of determining
compliance with personnel ceilings) to have worked a full 80 hours for
the pay period. Such a schedule may be referred to as a `7/7 work
schedule'.
    ``(2)(A) Basic and additional pay for a registered nurse who is
considered under paragraph (1) to have worked a full 80-hour pay period
is subject to subparagraphs (B) and (C).
    ``(B) The hourly rate of basic pay for such a nurse for service
performed as part of a regularly scheduled 70-hour tour of duty within
the pay period shall be derived by dividing the nurse's annual rate of
basic pay by 1,820.
    ``(C)(i) Such a nurse who performs a period of service in excess of
such nurse's regularly scheduled 70-hour tour of duty within a pay
period is entitled to overtime pay under section 7453(e) of this title,
or other applicable law, for officially ordered or approved service
performed in excess of--
            ``(I) eight hours on a day other than a day on which such
        nurse's regularly scheduled 10-hour tour falls;
            ``(II) 10 hours for any day included in the regularly
        scheduled 70-hour tour of duty; and
            ``(III) 80 hours during a pay period.
    ``(ii) Except as provided in subparagraph (i), a registered nurse
to whom this subsection is applicable is not entitled to additional pay
under section 7453 of this title, or other applicable law, for any
period included in a regularly scheduled 10-hour tour of duty.
    ``(3) A nurse who works a 7/7 work schedule described in this
subsection who is absent on approved sick leave or annual leave during
a regularly scheduled 12-hour tour of duty shall be charged for such
leave at a rate of eight hours of leave for seven hours of absence.
    ``(d) 9-Month Work Schedule.--The Secretary may authorize a
registered nurse appointed under section 7405 of this title, with the
nurse's written consent, to work full-time for nine months with three
months off duty, within a fiscal year, and be paid at 75 percent of the
full-time rate for such nurse's grade for each pay period of that
fiscal year. A nurse working on such a schedule for any fiscal year
shall be considered a \3/4\ full-time equivalent employee for that
fiscal year in computing full-time equivalent employees for the
purposes of determining compliance with personnel ceilings. Service on
such a schedule shall be considered to be part-time service for
purposes of computing benefits under chapters 83 and 84 of title 5.
    ``(e) Regulations.--The Secretary shall prescribe regulations for
the implementation of this section.''.
    (b) Clerical Amendment.--The table of sections at the beginning of
chapter 74 of such title is amended by inserting after the item
relating to section 7456 the following new item:

``7456a. Alternate work schedules.''.

SEC. 4. TECHNICAL CORRECTION TO LISTING OF CERTAIN HYBRID POSITIONS IN
              VETERANS HEALTH ADMINISTRATION.

    Section 7401(3) of title 38, United States Code, is amended--
            (1) by striking ``and dental technologists'' and inserting
        ``technologists, dental hygienists, dental assistants''; and
            (2) by striking ``technicians, therapeutic radiologic
        technicians, and social workers'' and inserting
        ``technologists, therapeutic radiologic technologists, social
        workers, blind rehabilitation specialists, and blind
        rehabilitation outpatient specialists''.

SEC. 5. ASSISTANCE FOR HIRING AND RETENTION OF NURSES AT STATE VETERANS
              HOMES.

    (a) In General.--(1) Chapter 17 of title 38, United States Code, is
amended by inserting after section 1743 the following new section:
``Sec. 1744. Hiring and retention of nurses: payments to assist States
    ``(a) Payment Program.--The Secretary shall make payments to States
under this section for the purpose of assisting State homes in the
hiring and retention of nurses and the reduction of nursing shortages
at State homes.
    ``(b) Eligible Recipients.--Payments to a State for a fiscal year
under this section shall, subject to submission of an application, be
made to any State that during that year--
            ``(1) receives per diem payments under this subchapter for
        that fiscal year; and
            ``(2) has in effect an employee incentive scholarship
        program or other employee incentive program at a State home
        designed to promote the hiring and retention of nursing staff
        and to reduce nursing shortages at that home.
    ``(c) Use of Funds Received.--A State may use an amount received
under this section only to provide funds for a program described in
subsection (b)(2). Any program shall meet such criteria as the
Secretary may prescribe. In prescribing such criteria, the Secretary
shall take into consideration the need for flexibility and innovation.
    ``(d) Limitations on Amount of Payment.--(1) A payment under this
section may not be used to provide more than 50 percent of the costs
for a fiscal year of the employee incentive scholarship or other
incentive program for which the payment is made.
    ``(2) The amount of the payment to a State under this section for
any fiscal year is, for each State home in that State with a program
described in subsection (b)(2), the amount equal to 2 percent of the
amount of payments estimated to be made to that State, for that State
home, under section 1741 of this title for that fiscal year.
    ``(e) Applications.--A payment under this section for any fiscal
year with respect to any State home may only be made based upon an
application submitted by the State seeking the payment with respect to
that State home. Any such application shall describe the nursing
shortage at the State home and the employee incentive scholarship
program or other incentive program described in subsection (c) for
which the payment is sought.
    ``(f) Source of Funds.--Payments under this section shall be made
from funds available for other payments under this subchapter.
    ``(g) Disbursement.--Payments under this section to a State home
shall be made as part of the disbursement of payments under section
1741 of this title with respect to that State home.
    ``(h) Use of Certain Receipts.--The Secretary shall require as a
condition of any payment under this section that, in any case in which
the State home receives a refund payment made by an employee in breach
of the terms of an agreement for employee assistance that used funds
provided under this section, the payment shall be returned to the State
home's incentive program account and credited as a non-Federal funding
source.
    ``(i) Annual Report From Payment Recipients.--Any State home
receiving a payment under this section for any fiscal year, shall, as a
condition of the payment, be required to agree to provide to the
Secretary a report setting forth in detail the use of funds received
through the payment, including a descriptive analysis of how effective
the incentive program has been on nurse staffing in the State home
during that fiscal year. The report for any fiscal year shall be
provided to the Secretary within 60 days of the close of the fiscal
year and shall be subject to audit by the Secretary. Eligibility for a
payment under this section for any later fiscal year is contingent upon
the receipt by the Secretary of the annual report under this subsection
for the previous year in accordance with this subsection.
    ``(j) Regulations.--The Secretary shall prescribe regulations to
carry out this section. The regulations shall include the establishment
of criteria for the award of payments under this section.''.
    (2) The table of sections at the beginning of such chapter is
amended by inserting after section 1743 the following new item:

``1744. Hiring and retention of nurses: payments to assist States.''.
    (b) Implementation.--The Secretary of Veterans Affairs shall
implement section 1744 of title 38, United States Code, as added by
subsection (a), as expeditiously as possible. The Secretary shall
establish such interim procedures as necessary so as to ensure that
payments are made to eligible States under that section commencing not
later than January 1, 2005, notwithstanding that regulations under
subsection (j) of that section may not have become final.

SEC. 6. TECHNICAL CLARIFICATION.

    Section 8111(d)(2) of title 38, United States Code, is amended by
inserting before the period at the end of the last sentence the
following: ``and shall be available for any purpose authorized by this
section''.

SEC. 7. UNDER SECRETARY FOR HEALTH.

    Section 305(a)(2) of title 38, United States Code, is amended--
            (1) in the matter preceding subparagraph (A), by striking
        ``shall be a doctor of medicine and''; and
            (2) in subparagraph (A), by striking ``and in health-care''
        and inserting ``or in health-care''.

            Passed the House of Representatives September 30, 2004.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.

Summary: Department of Veterans Affairs Nurse Recruitment and Retention Act of 2004 - Directs the Secretary of Veterans Affairs to designate a health care service region, or section within such a region, in which health care facilities of the Department of Veterans Affairs are adversely affected by a shortage of qualified nurses, and to conduct a pilot program in such region or section on the use of innovative human-capital tools and techniques in the recruitment of qualified nurses for such positions. Requires the Secretary, as part of the pilot program, to: (1) identify and use private-sector nurse recruitment practices that have proven effective. And (2) revise procedures and systems to reduce the length of the hiring process. Requires a report from the Secretary to the congressional veterans' committees on the extent to which the pilot program achieved the goal of improving the recruitment and retention of nurses in Department health-care facilities. Authorizes the Secretary, with respect to appointed nurses, to provide: (1) a three 12-hour day work schedule, with authorized overtime after a 36-hour workweek. (2) a seven day, 10-hour work schedule for each two-week period, with authorized overtime after working 80 hours within such period. And (3) a nine-month work period with three months off, with such nurses paid at 75 percent of the full-time rate. Includes dental hygienists, dental assistants, and blind rehabilitation specialists within those positions which the Secretary is authorized to make appointments. Authorizes the Secretary to make payments to States to assist State homes in the hiring and retention of nurses and the reduction of nursing shortages at State homes. Limits payment amounts. Requires, from each State home receiving such assistance, an annual report to the Secretary on the use of such funds. Removes the requirement that the Department's Under Secretary for Health be a doctor of medicine.

To provide for a pilot program in the Department of Veterans Affairs to improve recruitment and retention of nurses, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Academic, Social, and Emotional
Learning Act of 2011''.

SEC. 2. FINDINGS.

    The Congress makes the following findings:
            (1) To succeed in school, students need to be engaged. They
        need to know how to maintain focus and effort in the face of
        setbacks, work effectively with others, and be good
        communicators and problem-solvers.
            (2) Social and emotional skills form a foundation for young
        people's success not just in school, but as healthy and caring
        adults, productive workers, and engaged citizens.
            (3) Not only can these skills be taught, they can be taught
        by regular classroom teachers in schools of every type to
        students of every background.
            (4) Academic outcomes resulting from social and emotional
        learning include greater motivation to learn and commitment to
        school, increased time devoted to schoolwork and mastery of
        subject matter, improved attendance, graduation rates, grades,
        and test scores.
            (5) These positive outcomes increase in students who are
        involved in social and emotional learning programming by an
        average of 11 percentile points over students who are not
        involved in such programming.
            (6) Social and emotional learning programming also results
        in reduced problem behavior, improved health outcomes, a lower
        rate of violent delinquency, and a lower rate of heavy alcohol
        use.

SEC. 3. AMENDMENTS TO THE ELEMENTARY AND SECONDARY EDUCATION ACT.

    (a) Teacher and Principal Training and Recruiting Fund.--Part A of
title II of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6601 et seq.) is amended--
            (1) in section 2113(c)(2)--
                    (A) by striking ``and'' at the end of subparagraph
                (A);
                    (B) by striking the period at the end of
                subparagraph (B) and insert ``; and''; and
                    (C) by adding at the end the following:
                    ``(C) train teachers and principals in practices
                that have demonstrated effectiveness in improving
                student achievement, attainment, and behavior through
                addressing the social and emotional development needs
                of students, such as through social and emotional
                learning programming.''; and
            (2) in section 2123(a)(3)(B)(iii)--
                    (A) by striking ``and'' at the end of (I);
                    (B) by redesignating subclause (II) as subclause
                (III); and
                    (C) by inserting after subclause (I) the following:
                                    ``(II) addressing the social and
                                emotional development needs of students
                                to improve student achievement and
                                attainment, such as through social and
                                emotional learning programming; and''.
    (b) Definitions.--Section 9101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801) is amended by adding at the end
the following:
            ``(44) Social and emotional learning.--The term `social and
        emotional learning' means the process through which children
        and adults acquire the knowledge, attitudes, and skills
        associated with the core areas of social and emotional
        competency, including--
                    ``(A) self-awareness and self-management to achieve
                school and life success, such as identifying and
                recognizing strengths, needs, emotions, values and
                self-efficacy, impulse control and stress management,
                self-motivation and discipline, and goal setting and
                organizational skills;
                    ``(B) social awareness and interpersonal skills to
                establish and maintain positive relationships, such as
                perspective taking and respect for others,
                communication, working cooperatively, negotiation,
                conflict management, and help seeking; and
                    ``(C) decisionmaking skills and responsible
                behaviors in personal, academic and community contexts,
                such as situational analysis, problem solving,
                reflection and personal, and social and ethical
                responsibility.
            ``(45) Social and emotional learning programming.--The term
        `social and emotional learning programming' refers to classroom
        instruction and schoolwide activities and initiatives that--
                    ``(A) integrate social and emotional learning into
                school curriculum;
                    ``(B) provide systematic instruction whereby social
                and emotional skills are taught, modeled, practiced,
                and applied so that students use them as part of their
                daily behavior;
                    ``(C) teach children to apply social and emotional
                skills to prevent specific problem behaviors such as
                substance use, violence, bullying, and school failure,
                and to promote positive behaviors in class, school, and
                community activities; and
                    ``(D) establish safe and caring learning
                environments that foster student participation,
                engagement, and connection to learning and school.''.

Summary: Academic, Social, and Emotional Learning Act of 2011 - Amends title II of the Elementary and Secondary Education Act of 1965 to include teacher and principal training in practices that address the social and emotional development needs of students among the activities funded under the Teacher and Principal Training and Recruiting Fund program. Allows funded training to include training in classroom instruction and schoolwide initiatives that enable students to acquire the knowledge, attitudes, and skills most conducive to social and emotional competency.

To support evidence-based social and emotional learning programming.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Adoption Equality Act of 2007''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) In 1997, Congress enacted the Adoption and Safe
        Families Act of 1997 (Public Law 105-89; 111 Stat. 2115),
        clearly stating that a child's health and safety are paramount,
        and that each child deserves a permanent home.
            (2) The Adoption and Safe Families Act of 1997 provides
        incentives for adoptions, and for fiscal year 2005, States
        placed nearly 52,000 children from State care.
            (3) In 2003, the Adoption Promotion Act (Public Law 108-
        145, 117 Stat. 1879), which reauthorized the incentive program,
        gave greater emphasis on moving older children into permanency.
            (4) Despite the increase in adoptions, in 2005, more than
        115,000 children in foster care were waiting to be adopted.
            (5) Some States have chosen to limit services provided to
        special needs adopted children who are not eligible for
        adoption assistance under part E of title IV of the Social
        Security Act, in effect discriminating against a child whose
        parental rights have been terminated by basing the child's
        eligibility for such assistance on the financial status of
        adults who are no longer the child's legal parents.
            (6) These children have many special needs and require
        Federal financial assistance and support to start the physical
        and emotional healing after what may have been past years of
        abuse and neglect.

SEC. 3. PROMOTION OF ADOPTION OF CHILDREN WITH SPECIAL NEEDS.

    (a) In General.--Section 473(a)(2) of the Social Security Act (42
U.S.C. 673(a)(2)) is amended to read as follows:
    ``(2)(A) For purposes of paragraph (1)(B)(ii), a child meets the
requirements of this paragraph if the child--
            ``(i)(I) at the time of termination of parental rights, was
        in the care of a public or licensed private child placement
        agency or Indian tribal organization pursuant to a voluntary
        placement agreement, relinquishment, or involuntary removal of
        the child from the home, and the State has determined, pursuant
        to criteria established by the State, that continuation in the
        home would be contrary to the safety or welfare of the child;
            ``(II) meets all medical or disability requirements of
        title XVI with respect to eligibility for supplemental security
        income benefits; or
            ``(III) was residing in a foster family home or child care
        institution with a minor parent of the child pursuant to a
        voluntary placement agreement, relinquishment, or involuntary
        removal of the child from the home, and the State has
        determined, pursuant to criteria established by the State, that
        continuation in the home would be contrary to the safety or
        welfare of the child; and
            ``(ii) has been determined by the State, pursuant to
        subsection (c), to be a child with special needs, which needs
        shall be considered by the State, together with the
        circumstances of the adopting parents, in determining the
        amount of any payments to be made to the adoptive parents.
    ``(B) Notwithstanding any other provision of law, and except as
provided in paragraph (7), a child who is not a citizen or resident of
the United States, who is lawfully present in the United States, and
who meets the requirements of subparagraph (A) shall be treated as
meeting the requirements of this paragraph for purposes of paragraph
(1)(B)(ii).
    ``(C) A child who meets the requirements of subparagraph (A) of
this paragraph, who was determined eligible for adoption assistance
payments under this part with respect to a prior adoption (or who would
have been determined eligible for such payments had the Adoption and
Safe Families Act of 1997 been in effect at the time that such
determination would have been made), and who is available for adoption
because the prior adoption has been dissolved and the parental rights
of the adoptive parents have been terminated, or because the child's
adoptive parents have died, shall be treated as meeting the
requirements of this paragraph for purposes of paragraph (1)(B)(ii).''.
    (b) Exception.--Section 473(a) of such Act (42 U.S.C. 673(a)) is
amended by adding at the end the following:
    ``(7)(A) Notwithstanding any other provision of this subsection, a
State shall not make a payment pursuant to this section to parents with
respect to a child considered by a State to be a special needs child if
the child--
            ``(i) is not a citizen or resident of the United States;
        and
            ``(ii) was adopted outside of the United States or was
        brought into the United States for the purpose of being
        adopted.
    ``(B) Subparagraph (A) shall not be construed as prohibiting
payments under this part for a child described in subparagraph (A) that
is placed in foster care subsequent to the failure, as determined by
the State, of the initial adoption of the child by the parents
described in such subparagraph.''.
    (c) Determination of a Child With Special Needs.--Section 473(c)(1)
of such Act (42 U.S.C. 673(c)(1)) is amended to read as follows:
            ``(1)(A) the State has determined, pursuant to criteria
        established by the State, that the child cannot or should not
        be returned to the home of his or her parents; or
            ``(B) the child meets all medical or disability
        requirements of title XVI with respect to eligibility for
        supplemental security income benefits; and''.

SEC. 4. SENSE OF THE CONGRESS.

    It is the sense of the Congress that the States should reinvest in
child welfare programs any savings resulting from the implementation of
the amendments made by this Act.

SEC. 5. EFFECTIVE DATE.

    (a) In General.--Except as provided in subsection (b), the
amendments made by this Act shall take effect on October 1, 2008, and
shall apply with respect to adoption assistance agreements entered
into, and to payments under part E of title IV of the Social Security
Act for calendar quarters beginning, on or after such date, without
regard to whether regulations to implement the amendments are
promulgated by such date.
    (b) Delay Permitted if State Legislation Required.--If the
Secretary of Health and Human Services determines that State
legislation (other than legislation appropriating funds) is required in
order for a State plan approved under part E of title IV of the Social
Security Act to meet the additional requirements imposed by the
amendments made by this Act, the plan shall not be regarded as failing
to meet any of the additional requirements before the 1st day of the
1st calendar quarter beginning after the first regular session of the
State legislature that begins after the date of the enactment of this
Act. If the State has a 2-year legislative session, each year of the
session is deemed to be a separate regular session of the State
legislature.

Summary: Adoption Equality Act of 2007 - Amends part E of title IV of the Social Security Act to revise requirements for children with special needs in the adoption assistance program. Requires that the child be in the care of a public or licensed private child placement agency or Indian tribal organization pursuant to a voluntary placement agreement, relinquishment, or involuntary removal of the child from the home, where the state has determined that continuation in the home would be contrary to the child's safety or welfare. Specifies related requirements. Prohibits adoption assistance to parents with respect to a child who is not a US citizen or resident, and who was adopted outside of the United States or brought into the United States for the purposes of being adopted. Expresses the sense of the Congress that the states should reinvest in child welfare programs any savings resulting from the implementation of this Act.

To amend part E of title IV of the Social Security Act to promote the adoption of children with special needs.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Customs Training Enhancement Act''.

SEC. 2. EDUCATIONAL SEMINARS TO IMPROVE ABILITY OF U.S. CUSTOMS AND
              BORDER PROTECTION PERSONNEL TO CLASSIFY AND APPRAISE
              IMPORTED ARTICLES.

    (a) Educational Seminars.--
            (1) In general.--The Commissioner shall establish and carry
        out educational seminars at United States ports of entry to
        improve the ability of U.S. Customs and Border Protection
        personnel to classify and appraise articles imported into the
        United States in accordance with the customs laws of the United
        States, including to improve the ability of U.S. Customs and
        Border Protection personnel to identify and prevent the
        mislabeling and transshipment of articles.
            (2) Number and exception.--The Commissioner shall establish
        and carry out not less than 15 educational seminars each year
        under paragraph (1). The Commissioner may establish and carry
        out fewer than 15 seminars each year under paragraph (1) if the
        Commissioner determines and notifies Congress that it is
        appropriate to do so.
    (b) Content.--
            (1) In general.--The Commissioner and interested parties
        selected under subsection (d) should provide instruction and
        related instructional materials at each educational seminar to
        U.S. Customs and Border Protection personnel and, as
        appropriate, U.S. Immigration and Customs Enforcement personnel
        on the following:
                    (A) Conducting a physical inspection of an article
                imported into the United States, including testing of
                samples of the article, to determine if the article is
                mislabeled in the manifest or other accompanying
                documentation.
                    (B) Reviewing the manifest and other accompanying
                documentation of an article imported into the United
                States to determine if--
                            (i) the country of origin of the article
                        listed in the manifest or other accompanying
                        documentation is accurate; and
                            (ii) the industry supply chain represented
                        in the manifest or other accompanying
                        documentation is accurate.
                    (C) Other related matters as determined to be
                appropriate by the Commissioner.
            (2) Approval of commissioner.--The instruction and related
        instructional materials at each educational seminar shall be
        subject to the approval of the Commissioner.
    (c) Costs and Expenses.--The Commissioner shall pay the costs to
establish and carry out each educational seminar and shall pay expenses
for U.S. Customs and Border Protection personnel, U.S. Immigration and
Customs Enforcement personnel, and interested parties to provide
instruction in or receive training at the seminar.
    (d) Selection Process.--
            (1) In general.--The Commissioner shall establish a process
        to solicit, evaluate, and select interested parties for
        purposes of assisting in providing instruction in the
        educational seminars under this section.
            (2) Criteria.--The Commissioner shall, in consultation with
        the United States International Trade Commission, evaluate and
        select interested parties under the process established under
        paragraph (1) based on--
                    (A) availability and usefulness;
                    (B) the volume, value, and incidence of mislabeling
                of an imported article that relates to a comparable
                domestic product of the interested party; and
                    (C) other appropriate criteria established by the
                Commissioner.
            (3) Public availability.--The Commissioner shall publish in
        the Federal Register a detailed description of the process
        established under paragraph (1) and the criteria established
        under paragraph (2).

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Commissioner.--The term ``Commissioner'' means the
        Commissioner responsible for U.S. Customs and Border
        Protection.
            (2) Comparable domestic product.--The term ``comparable
        domestic product'' means a product which is comparable in
        characteristics and uses with an article imported into the
        United States and which is covered by an educational seminar
        under this Act.
            (3) Customs laws of the united states.--The term ``customs
        laws of the United States'' means any law or regulation
        enforced or administered by U.S. Customs and Border Protection.
            (4) Interested party.--The term ``interested party''
        means--
                    (A) a manufacturer, producer, or wholesaler in the
                United States of a comparable domestic product;
                    (B) a certified union or recognized union or group
                of workers which is representative of an industry
                engaged in the manufacture, production, or wholesale in
                the United States of a comparable domestic product;
                    (C) a trade or business association a majority of
                whose members manufacture, produce, or wholesale a
                comparable domestic product in the United States; or
                    (D) an association, a majority of whose members is
                composed of interested parties described in
                subparagraph (A), (B), or (C) with respect to a
                comparable domestic product.
            (5) United states.--The term ``United States'' means the
        customs territory of the United States, as defined in General
        Note 2 to the Harmonized Tariff Schedule of the United States.
            (6) U.S. customs and border protection personnel.--The term
        ``U.S. Customs and Border Protection personnel'' means Import
        Specialists and other appropriate employees of U.S. Customs and
        Border Protection.

SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this Act
$3,000,000 for each of the fiscal years 2013 through 2017.

Summary: Customs Training Enhancement Act - Directs the Commissioner of the US Customs and Border Protection (CBP) to establish educational seminars at US ports of entry to improve the ability of CBP personnel to classify and appraise articles imported into the United States in accordance with US customs laws, including their ability to identify and prevent the mislabeling and transshipment of such articles.

Customs Training Enhancement Act


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Liquefied Natural Gas Act of 2005''.

SEC. 2. TERMS AND CONDITIONS FOR LIQUEFIED NATURAL GAS IMPORT
              TERMINALS.

    (a) Exportation or Importation of Natural Gas.--Section 3 of the
Natural Gas Act (15 U.S.C. 717b) is amended to read as follows:

              ``exportation or importation of natural gas

    ``Sec. 3. (a) Authorization Order.--No person shall export any
natural gas from the United States to a foreign country or import any
natural gas from a foreign country without first having secured an
order of the Secretary of Energy authorizing such person to do so. The
Secretary shall issue such order upon application, unless, after
opportunity for hearing, the Secretary finds that the proposed
exportation or importation will not be consistent with the public
interest. The Secretary may by order grant such application, in whole
or in part, with such modification and upon such terms and conditions
as the Secretary may find necessary or appropriate, and may from time
to time, after opportunity for hearing, and for good cause shown, make
such supplemental order as the Secretary may find necessary or
appropriate.
    ``(b) Free Trade Agreements and Liquefied Natural Gas.--With
respect to natural gas which is imported into the United States from a
nation with which there is in effect a free trade agreement requiring
national treatment for trade in natural gas, and with respect to
liquefied natural gas--
            ``(1) the importation of such natural gas shall be treated
        as a `first sale' within the meaning of section 2(21) of the
        Natural Gas Policy Act of 1978; and
            ``(2) the Secretary of Energy shall not, on the basis of
        national origin, treat any such imported natural gas on an
        unjust, unreasonable, unduly discriminatory, or preferential
        basis.
    ``(c) Application and Approval Process.--For purposes of subsection
(a), the importation of the natural gas referred to in subsection (b),
or the exportation of natural gas to a nation with which there is in
effect a free trade agreement requiring national treatment for trade in
natural gas, shall be deemed to be consistent with the public interest,
and applications for such importation or exportation shall be granted
without modification or delay.
    ``(d) Authorization for Liquefied Natural Gas Import Terminals.--
(1) No person shall site, construct, expand, or operate a liquefied
natural gas import terminal without first having secured an order of
the Federal Energy Regulatory Commission authorizing such person to do
so. The Federal Energy Regulatory Commission shall issue such order
upon application, unless, after opportunity for hearing, it finds that
the proposed siting, construction, expansion, or operation will not be
consistent with the public interest. The Federal Energy Regulatory
Commission may by its order grant such application, in whole or in
part, with such modification and upon such terms and conditions as the
Federal Energy Regulatory Commission may find necessary or appropriate.
    ``(2) An order issued pursuant to paragraph (1) shall not be
conditioned on--
            ``(A) a requirement that the liquefied natural gas import
        terminal offer service to persons other than the person
        securing the order;
            ``(B) any regulation of the liquefied natural gas import
        terminal's rates, charges, terms, or conditions of service; or
            ``(C) a requirement to file with the Federal Energy
        Regulatory Commission schedules or contracts related to the
        liquefied natural gas import terminal's rates, charges, terms,
        or conditions of service.
    ``(3) Except as otherwise provided by Federal law, no State or
local government may require a permit, license, concurrence, approval,
certificate, or other form of authorization with respect to the siting,
construction, expansion, or operation of a liquefied natural gas import
terminal.
    ``(4) Any decision made or action taken by a Federal administrative
agency or officer (or State administrative agency or officer acting
under delegated Federal authority) with respect to the siting,
construction, expansion, or operation of a liquefied natural gas import
terminal must be consistent with any authorization provided by the
Federal Energy Regulatory Commission pursuant to this subsection with
respect to the liquefied natural gas import terminal, and shall not
prohibit or unreasonably delay the siting, construction, expansion, or
operation.
    ``(5) Nothing in this subsection shall be construed to repeal or
modify the authority under this section to authorize a person to import
or export natural gas or to authorize facilities for the import or
export of natural gas other than liquefied natural gas import
terminals.
    ``(e) Schedule and Administrative Record.--(1) The Federal Energy
Regulatory Commission shall approve or deny any application to site,
construct, expand, or operate a liquefied natural gas import terminal
under subsection (d) not later than 1 year after the application is
complete.
    ``(2) With respect to each application under subsection (d), the
Federal Energy Regulatory Commission shall establish a schedule for all
Federal and State administrative proceedings commenced under authority
of Federal law, the completion of which is required before a person may
site, construct, expand, or operate the liquefied natural gas import
terminal, in order to ensure expeditious progress toward such siting,
construction, expansion, or operation. The schedule shall also include
all Federal and State administrative proceedings authorized by Federal
law for the siting, construction, expansion, and operation of natural
gas pipelines and facilities related to the transportation of liquefied
natural gas or natural gas from the liquefied natural gas import
terminal. In establishing the schedule, the Federal Energy Regulatory
Commission shall, to the extent practicable, accommodate the applicable
schedules established by Federal law for such proceedings. If a Federal
or State administrative agency or officer fails to complete a
proceeding in accordance with the schedule established by the Federal
Energy Regulatory Commission, the action of the Federal or State
administrative agency or officer that is required before a person may
site, construct, expand, or operate the liquefied natural gas import
terminal shall be conclusively presumed and the siting, construction,
expansion, or operation shall proceed without condition.
    ``(3) With respect to the siting, construction, expansion, or
operation of a liquefied natural gas import terminal, the Federal
Energy Regulatory Commission shall compile a single administrative
record which shall consolidate the records of the proceedings referred
to in paragraph (2).
    ``(4) Any Federal administrative proceeding that is an appeal or
review of a decision made or action taken by a Federal administrative
agency or officer (or State administrative agency or officer acting
under delegated Federal authority) with respect to the siting,
construction, expansion, or operation of a liquefied natural gas import
terminal shall use as its exclusive record for all purposes the
administrative record compiled by the Federal Energy Regulatory
Commission under paragraph (3).
    ``(f) Judicial Review.--(1) Except for review by the Supreme Court
of the United States on writ of certiorari, the United States Court of
Appeals for the District of Columbia Circuit shall have original and
exclusive jurisdiction to hear and determine any civil action for
review of a decision made or action taken by a Federal administrative
agency or officer (or State administrative agency or officer acting
under delegated Federal authority) with respect to the siting,
construction, expansion, or operation of a liquefied natural gas import
terminal. The civil action shall be filed not later than 60 days after
the decision or action described in this paragraph.
    ``(2) If a civil action referred to in paragraph (1) is filed, the
Federal Energy Regulatory Commission shall file in the United States
Court of Appeals for the District of Columbia Circuit the single
administrative record compiled under subsection (e)(3) with respect to
the liquefied natural gas import terminal named in the civil action.
    ``(g) Lead Agency.--With respect to the siting, construction,
expansion, or operation of a liquefied natural gas import terminal, the
Federal Energy Regulatory Commission shall be the lead Federal agency
for purposes of complying with the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.).''.
    (b) Definition.--Section 2 of the Natural Gas Act (15 U.S.C. 717a)
is amended by adding at the end the following new paragraph:
            ``(11) `Liquefied natural gas import terminal' includes all
        facilities located onshore or in State waters that are used to
        receive, unload, store, transport, gasify, or process liquefied
        natural gas that is imported to the United States from a
        foreign country, but does not include the tankers used to
        deliver liquefied natural gas to such facilities.''.

Summary: Liquefied Natural Gas Act of 2005 - Amends the Natural Gas Act to transfer from the Federal Energy Regulatory Commission (FERC) to the Secretary of Energy oversight functions regarding the exportation or importation of natural gas, including free trade agreements and liquefied natural gas. Declares that no person shall site, construct, expand, or operate a liquefied natural gas import terminal without first having secured a FERC authorization. Prohibits any State or local government from requiring any form of authorization with respect to the siting, construction, expansion, or operation of a liquefied natural gas import terminal except as otherwise provided by Federal law. Prescribes guidelines for FERC oversight authority pertaining to scheduling and administrative proceedings. Defines liquefied natural gas import terminal as including all facilities located onshore or in State waters that are used to receive, unload, store, transport, gasify, or process liquefied natural gas imported to the United States from a foreign country, but does excluding the tankers used to deliver liquefied natural gas to such facilities.

To require certain terms and conditions for the siting, construction, expansion, and operation of liquefied natural gas import terminals, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as ``Foreign Credit Reform Act of 2004''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Unsustainable debt in the world's poorest countries
        constitutes a serious impediment to the development of stable
        democratic political structures, broad-based economic growth,
        poverty eradication, and food security.
            (2) Financing should be appropriate for the purposes for
        which it is used and should, to the maximum extent possible,
        generate a return sufficient to pay the principal and interest
        due. As such, long-term lending for perishable goods, such as
        food commodities, may be construed as inappropriate to the
        extent that it places a long-term debt burden on the recipient
        country without generating sufficient revenues with which to
        service the debt.
            (3) Since 1955, the United States has extended more than
        $27,800,000,000 in loans for food under title I of the
        Agricultural Trade Development and Assistance Act of 1954
        (commonly referred to as ``PL 480''), $10,632,858,000 of which
        remained outstanding at the end of 2002.
            (4) As of December 31, 2002, arrears on principal and
        interest payments under title I of PL 480 totaled
        $1,241,472,000.
            (5) Since 1992 the United States provided the independent
        states of the former Soviet Union with $1,601,500,000 in loans
        for food under title I of PL 480, for which these countries are
        estimated to have paid $112,748,000 in principal and interest
        in 2003. Russia alone has received $1,035,000,000 in credits,
        paying an estimated $79,695,000 in principal and interest in
        2003.
            (6) Rising debt stocks and debt-to-export ratios may
        undermine a country's credit worthiness and jeopardize its
        ability to borrow from commercial lenders.
            (7) Debt reduction contributes marginally to a country's
        development prospects if new debt is allowed to create the next
        generation of heavy indebtedness. Therefore, President Bush's
        initiative, adopted by Group of Seven (G-7) leaders at the June
        2002 summit, to increase World Bank grant assistance to the
        most heavily indebted poor countries is a crucial step toward
        alleviating poverty, curbing future unsustainable debt, and
        providing for urgent human needs in countries in which people
        live on less than one dollar a day. Replacing loans with
        targeted grants will eliminate the need for governments to
        repay long-term investments in people, especially for
        education, health, nutrition, water supply, and sanitation
        purposes.
            (8) The G-7 agreement at the June 2002 summit to fully fund
        the remaining costs of the enhanced Heavily Indebted Poor
        Country (HIPC) initiative is essential to ensuring that
        eligible debt-distressed nations receive full benefits under
        the HIPC debt relief measure.
            (9) The United States has been a leading voice for more
        than a decade in international debt reduction initiatives for
        poor countries, including a 1991 initiative to cancel
        $689,000,000 in food loans under title I of PL 480 owed by 15
        sub-Saharan African countries.
            (10) The United States must continue its leadership role to
        encourage full participation by all Paris Club creditors in
        multilateral debt negotiations.
            (11) Several poor countries that are not eligible for
        enhanced HIPC debt reduction terms face a severe debt overhang
        that undermines increased resource allocation for development
        and discourages productive investment.
            (12) The World Bank, which has provided over $1,700,000,000
        since 1986 to fight the spread of HIV/AIDS, should continue to
        place the highest priority on programs to combat infectious
        diseases, including HIV/AIDS, malaria, and tuberculosis.
            (13) Debt reduction is an important, but only partial
        solution to long-term development. Promoting an environment
        that will stimulate internal economic growth, promote trade and
        external investment, and encourage responsible governance are
        the most important ingredients for sustainable growth.

                   TITLE I--MULTILATERAL DEBT RELIEF

SEC. 101. SUPPORT FOR THE HIPC TRUST FUND.

    Section 801(b)(1) of H.R. 5526 of the 106th Congress, as introduced
on October 24, 2000, and enacted into law by section 101(a) of Public
Law 106-429 (and contained in the appendix thereto) is amended by
striking ``2003, $435,000,000'' and inserting ``2006, such sums as may
be necessary''.

SEC. 102. DEBT SERVICE REINVESTED INTO THE GLOBAL FUND.

    The Bretton Woods Agreements Act (22 U.S.C. 286-286oo) is further
amended by adding at the end the following:

``SEC. 64. DEBT SERVICE REINVESTED INTO THE GLOBAL FUND.

    ``(a) Negotiation of Agreement.--The Secretary of the Treasury
shall seek to negotiate an agreement among the member countries of the
Bank and the Fund, under which, on approval by the Global Fund of a
grant proposal originating from an eligible country, the Bank and the
Fund shall make a contribution to the Global Fund in an amount equal to
the amount of the grant award for the year, except that the total
amount of the contributions so made with respect to the country during
a year shall not exceed the total amount of debt service payments made
by the country to the Bank and the Fund during the year.
    ``(b) Definitions.--In this section:
            ``(1) Global fund.--The term `Global Fund' means the
        public-private partnership known as the Global Fund to Fight
        AIDS, Tuberculosis and Malaria that was established upon the
        call of the United Nations Secretary General in April 2001.
            ``(2) Eligible country.--The term `eligible country' means
        a country--
                    ``(A) which has received debt relief under the
                Enhanced HIPC Initiative; and
                    ``(B) in which the prevalence of HIV/AIDS among
                individuals who have attained 15 years of age but have
                not attained 49 years of age is not less than 5
                percent.
            ``(3) Enhanced hipc initiative.--The term `Enhanced HIPC
        Initiative' means the multilateral debt initiative for heavily
        indebted poor countries presented in the Report of G-7 Finance
        Ministers on the Cologne Debt Initiative to the Cologne
        Economic Summit, Cologne, June 18-20, 1999.
            ``(4) HIV/AIDS.--The term `HIV/AIDS' means, with respect to
        an individual, an individual who is infected with HIV or living
        with AIDS.
            ``(5) HIV.--The term `HIV' means the human immunodeficiency
        virus, the pathogen that causes AIDS.
            ``(6) AIDS.--The term `AIDS' means the acquired immune
        deficiency syndrome.''.

                    TITLE II--BILATERAL DEBT RELIEF

SEC. 201. ACTIONS TO PROVIDE BILATERAL DEBT RELIEF.

    Section 501(i) of H.R. 3425 of the 106th Congress, as introduced on
November 17, 1999, and enacted into law by section 1000(a)(5) of Public
Law 106-113 (and contained in Appendix E thereto), is amended by
striking ``2004'' and inserting ``2005''.

SEC. 202. DEBT FORGIVENESS UNDER TITLE I OF PUBLIC LAW 480.

    (a) Debt Forgiveness.--For each of the fiscal years 2005 and 2006,
the President is authorized and encouraged to use the authority of
section 411 of the Agricultural Trade Development and Assistance Act of
1954 (7 U.S.C. 1736e) to waive payments of principal and interest that
a country described in subsection (b) would otherwise be required to
make to the Commodity Credit Corporation under dollar sales agreements
under title I of such Act (7 U.S.C. 1701 et seq.).
    (b) Country Described.--A country referred to in subsection (a) is
a country--
            (1) which has outstanding public and publicly guaranteed
        debt, the net present value of which on December 31, 2003, was
        at least 150 percent of the value of exports of the country in
        2003; or
            (2) whose debt service payments on public and publicly
        guaranteed debt exceeded 8 percent of the value of its exports
        in 2003.
    (c) Applicable Provisions.--Except to the extent inconsistent with
the provisions of this section, section 411 of the Agricultural Trade
Development and Assistance Act of 1954 (7 U.S.C. 1736e) (except
subsection (e) of such section) shall apply with respect to the
authority to waive payments of principal and interest under this
section to the same extent and in the same manner as such section
applies to the authority to waive payments of principal and interest
under section 411 of such Act.
    (d) Authorization of Appropriations.--For the cost (as defined in
section 502 of the Federal Credit Reform Act of 1990) for the reduction
or cancellation of any debt pursuant to this section, there are
authorized to be appropriated to the President for each of the fiscal
years 2005 and 2006 such sums as may be necessary.

SEC. 203. MISCELLANEOUS AMENDMENTS.

    (a) Financing Assistance Under Title I of Public Law 480.--Section
101(b) of the Agricultural Trade Development and Assistance Act of 1954
(7 U.S.C. 1701(b)) is amended--
            (1) by striking ``To carry out the policies'' and inserting
        the following:
            ``(1) In general.--To carry out the policies'';
            (2) by striking ``developing countries'' and inserting
        ``developing countries described in paragraph (2)''; and
            (3) by adding at the end the following:
            ``(2) Developing country described.--A developing country
        referred to in paragraph (1) is a developing country that meets
        the following requirements:
                    ``(A) The country is not prohibited from receiving
                assistance under the Foreign Assistance Act of 1961 by
                reason of the application of section 620(q) of such Act
                and irrespective of whether or not the President has
                determined that assistance to the country is in the
                national interest of the United States.
                    ``(B) The country is not in default, during a
                period in excess of six calendar months, in payment to
                the United States of principal or interest on any loan
                made to such country under this title or under any
                other provision of law.
                    ``(C) The country is not a low-income country or
                lower-middle income country, as defined by the
                International Bank for Reconstruction and Development
                in its World Development Indicators Report (issued in
                April 2004 and updated annually).
                    ``(D) The country is not a severely-indebted
                country or moderately-indebted country as defined by
                the International Bank for Reconstruction and
                Development in its World Development Indicators Report
                (issued in April 2004 and updated annually).''.
    (b) Economic Assistance Under the Foreign Assistance Act of 1961.--
Section 620(q) of the Foreign Assistance Act of 1961 (22 U.S.C.
2370(q)) is amended--
            (1) by inserting after ``under this Act'' the second place
        it appears the following: ``or under title I of the
        Agricultural Trade Development and Assistance Act of 1954 (7
        U.S.C. 1701 et seq.)''; and
            (2) by adding at the end the following: ``A determination
        by the President under the preceding sentence that assistance
        to a country is in the national interest of the United States
        shall be effective for a period not to exceed one calendar
        year.''.

Summary: Foreign Credit Reform Act of 2004 - Amends Federal law to extend authorization of appropriations for the US contribution to the Heavily Indebted Poor Country (HIPC) Trust Fund. Amends the Bretton Woods Agreements Act to direct the Secretary of the Treasury to negotiate an agreement under which the International Bank for Reconstruction and Development and the International Monetary Fund shall contribute to the Global Fund to Fight AIDS, Tuberculosis and Malaria an amount equal to the amount of a country's annual debt service made to the Bank and the Fund. Authorizes the President to waive certain Agricultural Trade Development and Assistance Act of 1954 principal and interest payments owed to the Commodity Credit Corporation by eligible debt-heavy countries for FY 2005 and 2006. Amends such Act to define developing country for purposes of title I assistance.

To provide multilateral and bilateral debt relief for developing countries, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Small Business Partners in
Reconstruction Act of 2006''.

SEC. 2. DEFINITIONS.

    In this Act--
            (1) the terms ``Administration'' and ``Administrator'' mean
        the Small Business Administration and the Administrator
        thereof, respectively;
            (2) the term ``small business concern'' has the same
        meaning as in section 3 of the Small Business Act (15 U.S.C.
        632); and
            (3) the term ``small business concern owned and controlled
        by socially and economically disadvantaged individuals'' has
        the same meaning as in section 8 of the Small Business Act (15
        U.S.C. 637).

SEC. 3. SMALL BUSINESS PROCUREMENT FLEXIBILITIES; GOVERNMENT-WIDE
              GUIDANCE.

    Section 5 of the Small Business Act (15 U.S.C. 634) is amended by
adding at the end the following:
    ``(i) Small Business Emergency Procurement Flexibilities;
Government-Wide Guidance.--
            ``(1) Definition.--In this subsection, the term
        `Guidelines' means the guidelines entitled `Emergency
        Procurement Flexibilities (A Framework for Responsive
        Contracting & Guidelines for Using Simplified Acquisition
        Procedures)' issued by the Office of Federal Procurement Policy
        of the Office of Management and Budget on May 30, 2003, or any
        successor thereto.
            ``(2) Office of federal procurement policy.--In order to
        enable the Federal Government to purchase goods and service
        quickly and efficiently in times of disaster, contingency, or
        other emergency, while promoting small business concern
        utilization, the Administrator for Federal Procurement Policy
        shall--
                    ``(A) ensure that the Guidelines continue to
                strongly encourage that the Federal Government utilize
                the small business procurement flexibilities in this
                Act;
                    ``(B) ensure that the Guidelines fully address all
                available small business procurement flexibilities
                (including flexibilities authorized for small business
                concerns owned and controlled by socially and
                economically disadvantaged individuals under section
                8(a), HUBZone small business concerns, and small
                business concerns owned and controlled by service-
                disabled veterans);
                    ``(C) periodically revise, update, or modify the
                Guidelines;
                    ``(D) publish the Guidelines, as updated to comply
                with this paragraph, in the Federal Register; and
                    ``(E) consult with the Administrator on any changes
                to the Guidelines.
            ``(3) Administration.--The Administrator shall, with regard
        to the Guidelines--
                    ``(A) develop and conduct ongoing government-wide
                training on small business emergency procurement
                flexibilities (including flexibilities authorized for
                small business concerns owned and controlled by
                socially and economically disadvantaged individuals
                under section 8(a), HUBZone small business concerns,
                and small business concerns owned and controlled by
                service-disabled veterans); and
                    ``(B) designate not fewer than 1 official to
                provide advice and assistance to the Office of Federal
                Procurement Policy and other Federal agencies on the
                use of small business procurement flexibilities in
                times of disaster, contingency, or other emergency.''.

SEC. 4. PAPERWORK RECIPROCITY FOR SMALL DISASTER CONTRACTORS.

    Not later than 30 days after the date of enactment of this Act, the
Administrator shall ensure that all eligible small business concerns
receive the full benefit of reciprocity in certifications between
Federal and Federally-funded contracting programs for small business
concerns owned and controlled by socially and economically
disadvantaged individuals.

SEC. 5. HURRICANE KATRINA AND RITA SMALL BUSINESS CONTRACTING DATA.

    Not later than 30 days after the date of enactment of this Act, the
Administrator for Federal Procurement Policy and the Administrator
shall ensure that the Federal Procurement Data System contains
comprehensive Government-wide data on small business participation in
contracting related to Hurricane Katrina of 2005 or Hurricane Rita of
2005.

SEC. 6. DISASTER AREA HUBZONES.

    Section 3(p)(1) of the Small Business Act (15 U.S.C. 632(p)(1)) is
amended--
            (1) in subparagraph (D), by striking ``or'';
            (2) in subparagraph (E), by striking the period and
        inserting ``; or''; and
            (3) by adding at the end the following:
                    ``(F) any area affected by Hurricane Katrina of
                2005 or Hurricane Rita of 2005, for such time or in
                such geographic area as designated by the
                Administrator.''.

SEC. 7. DISASTER CONTRACTING OUTREACH PROGRAMS FOR SMALL BUSINESSES.

    (a) In General.--Not later than 90 days after the date of enactment
of this Act, the Administrator shall establish a contracting outreach
and technical assistance program for small business concerns that--
            (1) had a primary place of business, or other significant
        presence, in the area affected by Hurricane Katrina of 2005 or
        Hurricane Rita of 2005, as designated by the Administrator
        under section 7(b)(2) of the Small Business Act, beginning on
        the date that is 60 days before the date of that designation by
        the Administrator; or
            (2) have a primary place of business, or other significant
        presence, in the area affected by Hurricane Katrina of 2005 or
        Hurricane Rita of 2005, as designated by the Administrator
        under section 7(b)(2) of the Small Business Act, during the
        period beginning on the date of that designation and ending on
        the date that is 5 years after the date of that designation.
    (b) Administrator Action.--The Administrator may fulfill the
requirement of subsection (a) by acting through--
            (1) the Administration;
            (2) the Federal agency small business officials designated
        under section 15(k)(1) of the Small Business Act (15 U.S.C.
        644(k)(1)); and
            (3) any Federal, State, or local government entity, higher
        education institution, Procurement Technical Assistance Center,
        or private nonprofit organization that the Administrator
        determines is proper, upon conclusion of a memorandum of
        understanding or assistance agreement, as appropriate, with the
        Administrator.

SEC. 8. SMALL BUSINESS BONDING THRESHOLD.

    (a) In General.--Except as provided in subsection (b), and
notwithstanding any other provision of law, for any procurement related
to Hurricane Katrina of 2005 or Hurricane Rita of 2005, the
Administrator may, upon such terms and conditions as the Administrator
may prescribe, guarantee and enter into commitments to guarantee any
surety against loss resulting from a breach of the terms of a bid bond,
payment bond, performance bond, or bonds ancillary thereto, by a
principal on any total work order or contract amount at the time of
bond execution that does not exceed $5,000,000.
    (b) Increase of Amount.--Upon request of the head of any Federal
agency other than the Administration involved in reconstruction efforts
in response to Hurricane Katrina of 2005 or Hurricane Rita of 2005, the
Administrator may guarantee and enter into a commitment to guarantee
any security against loss under subsection (a) on any total work order
or contract amount at the time of bond execution that does not exceed
$10,000,000.

SEC. 9. FAIR SMALL BUSINESS PARTICIPATION.

    In order to facilitate the maximum practicable participation of
small business concerns in activities related to relief and recovery
from Hurricane Katrina of 2005 and Hurricane Rita of 2005, the
Administrator and the head of any Federal agency making procurements
related to the aftermath of Hurricane Katrina of 2005 or Hurricane Rita
of 2005, shall set a goal of awarding to small business concerns not
less than 30 percent of amounts expended for prime contracts and not
less than 40 percent of amounts expended for subcontracts on
procurements by such agency related to the aftermath of Hurricane
Katrina of 2005 or Hurricane Rita of 2005, respectively.

SEC. 10. PROTECTION OF SMALL BUSINESS RESERVATION.

    Section 15(j) of the Small Business Act (15 U.S.C. 644(j)) is
amended by adding at the end the following:
    ``(4) For any contracts involving the use of the special emergency
procurement authority under section 32A(c) of the Office of Federal
Procurement Policy Act (41 U.S.C. 428a(c)), the dollar ceiling of the
small business reservation established in paragraph (1) shall be
adjusted to match the applicable amount of the simplified acquisition
threshold.''.

SEC. 11. SMALL BUSINESS MULTIPLE-AWARD DISASTER CONTRACTS.

    (a) In General.--The Administrator and the Administrator for
Federal Procurement Policy shall ensure that the Federal Government
establishes and maintains multiple-award contracts with small business
concerns of all categories on a nationwide and regional basis for the
purpose of conducting or supporting Federal disaster recovery efforts.
    (b) Report.--At the end of each fiscal year, the Administrator and
the Administrator for Federal Procurement Policy shall submit to
Committee on Small Business and Entrepreneurship of the Senate and the
Committee on Small Business of the House of Representatives a report
describing the terms, conditions, and status of the contracts described
in subsection (a) awarded during the preceding fiscal year.

SEC. 12. TRANSPARENCY IN DISASTER SUBCONTRACTING.

    The Administrator and the head of each executive agency awarding
recovery and reconstruction contracts related to Hurricane Katrina of
2005 or Hurricane Rita of 2005 shall ensure that each such contract for
which a small business subcontracting plan is required by law or
contract terms contains a clause requiring the posting of
subcontracting opportunities on the SUB-Net database established by the
Administration under section 8(e) of the Small Business Act (15 U.S.C.
637(e)), or any successor thereto.

SEC. 13. PROTECTION OF SMALL BUSINESS SUBCONTRACTING.

    Section 8(d)(4)(D) of the Small Business Act (15 U.S.C.
637(d)(4)(D)) is amended--
            (1) by striking ``(D) No contract'' and inserting the
        following:
                    ``(D) Small business participation.--
                            ``(i) In general.--No contract''; and
            (2) by adding at the end the following:
                            ``(ii) Emergency procurements.--
                                    ``(I) In general.--For any contract
                                which otherwise meets the requirements
                                of this subsection, and which involves
                                the use of special emergency
                                procurement authority under section
                                32A(c) of the Office of Federal
                                Procurement Policy Act (41 U.S.C.
                                428a(c)), the subcontracting plan
                                required under this subsection shall be
                                negotiated as soon as is practicable,
                                but not later than 30 days after the
                                date on which the contract is awarded.
                                    ``(II) Payment.--Not greater than
                                50 percent of the amounts due under any
                                contract described in subclause (I) may
                                be paid, unless a subcontracting plan
                                compliant with this subsection is
                                negotiated by the contractor.''.

SEC. 14. CONTRACTING PRIORITY FOR LOCAL SMALL BUSINESSES.

    Section 15(d) of the Small Business Act (15 U.S.C. 644(d)) is
amended--
            (1) by striking ``(d) For purposes'' and inserting the
        following:
    ``(d) Contracting Priorities.--
            ``(1) In general.--For purposes''; and
            (2) by adding at the end the following:
            ``(2) Disaster contracting priority in general.--The
        Administrator shall designate any disaster area as an area of
        concentrated unemployment or underemployment, or a labor
        surplus area for purposes of paragraph (1).
            ``(3) Local small businesses.--
                    ``(A) In general.--The Administrator shall give
                priority in the awarding of contracts and the placement
                of subcontracts for disaster relief to local small
                business concerns.
                    ``(B) Other agencies.--The head of each executive
                agency shall give priority in the awarding of contracts
                and the placement of subcontracts for disaster relief
                to local small business concerns, by using, as
                appropriate--
                            ``(i) preferential factors in evaluations
                        of contract bids and proposals;
                            ``(ii) competitions restricted to local
                        small business concerns, where there is a
                        reasonable expectation of receiving
                        competitive, reasonably priced bids or
                        proposals from not fewer than 2 local small
                        business concerns;
                            ``(iii) requirements of preference for
                        local small business concerns in subcontracting
                        plans; and
                            ``(iv) assessments of liquidated damages
                        and other contractual penalties, including
                        contract termination.
                    ``(C) Other disaster assistance.--Priority shall be
                given to local small business concerns in the awarding
                of contracts and the placement of subcontracts for
                disaster relief in any Federal procurement and any
                procurement by a State or local government made with
                Federal disaster assistance funds.
            ``(4) Definitions.--In this subsection--
                    ``(A) the term `declared disaster' means Hurricane
                Katrina of 2005, Hurricane Rita of 2005, or any other
                disaster, as designated by the Administrator;
                    ``(B) the term `disaster area' means any State or
                area affected by a declared disaster, as determined by
                the Administrator;
                    ``(C) the term `executive agency' has the same
                meaning as in section 105 of title 5, United States
                Code; and
                    ``(D) the term `local small business concern' means
                a small business concern that--
                            ``(i) on the date immediately preceding the
                        date on which a declared disaster occurred--
                                    ``(I) had a principal office in the
                                disaster area for such declared
                                disaster; and
                                    ``(II) employed a majority of the
                                workforce of such small business
                                concern in the disaster area for such
                                declared disaster; and
                            ``(ii) is capable of performing a
                        substantial proportion of any contract or
                        subcontract for disaster relief within the
                        disaster area for such declared disaster, as
                        determined by the Administrator.''.

SEC. 15. RELIEF FROM TEST PROGRAM.

    Section 711(d) of the Small Business Competitive Demonstration
Program Act of 1988 (15 U.S.C. 644 note) is amended--
            (1) by striking ``The Program'' and inserting the
        following:
            ``(1) In general.--Except as provided in paragraph (2), the
        Program''; and
            (2) by adding at the end the following:
            ``(2) Exception.--The Program shall not apply to any
        contract related to relief or reconstruction from Hurricane
        Katrina of 2005 or Hurricane Rita of 2005.''.

Summary: Small Business Partners in Reconstruction Act of 2006 - Amends the Small Business Act to define Guidelines as the guidelines entitled Emergency Procurement Flexibilities for responsive contracting and the use of simplified acquisition procedures, as issued by the Office of Federal Procurement Policy on May 30, 2003. Directs the Administrator for Federal Procurement Policy to: (1) ensure that the Guidelines continue to encourage the federal government to utilize small business procurement flexibilities in times of disaster, contingency, and other emergency. And (2) periodically revise, update, modify, and publish such Guidelines. Provides for or requires: (1) reciprocity with respect to contracting certifications for small businesses owned and controlled by socially and economically disadvantaged individuals. (2) an update of the Federal Procurement Data System with respect to small business participation in Hurricane Katrina or Rita-related contracting, (3) disaster contracting outreach programs for small businesses, (4) small business performance bonding thresholds. (5) small business participation in disaster-related federal contracts and subcontracts and disaster-related multiple-award contracts, and (6) disaster contracting priorities for local small businesses.

A bill to ensure full partnership of small contractors in Federal disaster reconstruction efforts.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Leaking Underground Storage Tank
Trust Fund Amendments Act of 1997''.

TITLE I--DISTRIBUTIONS FROM LEAKING UNDERGROUND STORAGE TANK TRUST FUND

SEC. 101. LEAKING UNDERGROUND STORAGE TANKS.

    (a) Trust Fund Distribution.--Section 9004 of the Solid Waste
Disposal Act (42 U.S.C. 6991c) is amended by adding at the end the
following new subsection:
    ``(f) Trust Fund Distribution to States.--
            ``(1) In general.--(A) The Administrator shall distribute
        to States at least 85 percent of the funds appropriated to the
        Environmental Protection Agency from the Leaking Underground
        Storage Tank Trust Fund (in this subsection referred to as the
        `Trust Fund') each fiscal year for the reasonable costs under
        cooperative agreements entered into with the Administrator for
        the following:
                    ``(i) States' actions under section 9003(h)(7)(A).
                    ``(ii) Necessary administrative expenses directly
                related to corrective action and compensation programs
                under subsection (c)(1).
                    ``(iii) Enforcement of a State or local program
                approved under this section or enforcement of this
                subtitle or similar State or local provisions by a
                State or local government.
                    ``(iv) State and local corrective actions pursuant
                to regulations promulgated under section 9003(c)(4).
                    ``(v) Corrective action and compensation programs
                under subsection (c)(1) for releases from underground
                storage tanks regulated under this subtitle in any
                instance, as determined by the State, in which the
                financial resources of an owner or operator, excluding
                resources provided by programs under subsection (c)(1),
                are not adequate to pay for the cost of a corrective
                action without significantly impairing the ability of
                the owner or operator to continue in business.
            ``(B) Funds provided by the Administrator under
        subparagraph (A) may not be used by States for purposes of
        providing financial assistance to an owner or operator in
        meeting the requirements respecting underground storage tanks
        contained in section 280.21 of title 40 of the Code of Federal
        Regulations (as in effect on the date of the enactment of this
        subsection) or similar requirements in State programs approved
        under this section or similar State or local provisions.
            ``(2) Allocation.--
                    ``(A) Process.--In the case of a State that the
                Administrator has entered into a cooperative agreement
                with under section 9003(h)(7)(A), the Administrator
                shall distribute funds from the Trust Fund to the State
                using the allocation process developed by the
                Administrator for such cooperative agreements.
                    ``(B) Revisions to process.--The Administrator may
                revise such allocation process only after--
                            ``(i) consulting with State agencies
                        responsible for overseeing corrective action
                        for releases from underground storage tanks and
                        with representatives of owners and operators;
                        and
                            ``(ii) taking into consideration, at a
                        minimum, the total revenue received from each
                        State into the Trust Fund, the number of
                        confirmed releases from leaking underground
                        storage tanks in each State, the number of
                        notified petroleum storage tanks in each State,
                        and the percent of the population of each State
                        using groundwater for any beneficial purpose.
            ``(3) Recipients.--Distributions from the Trust Fund under
        this subsection shall be made directly to the State agency
        entering into a cooperative agreement or enforcing the State
        program.
            ``(4) Cost recovery prohibition.--Funds provided to States
        from the Trust Fund to owners or operators for programs under
        subsection (c)(1) for releases from underground storage tanks
        are not subject to cost recovery by the Administrator under
        section 9003(h)(6).''.
    (b) Technical Amendments.--Subtitle I of the Solid Waste Disposal
Act (42 U.S.C. 6991 et seq.) is amended as follows:
            (1) Section 9001(3)(A) (42 U.S.C. 6991(3)(A)) is amended by
        striking out ``sustances'' and inserting in lieu thereof
        ``substances''.
            (2) Section 9003(f)(1) (42 U.S.C. 6991b(f)(1)) is amended
        by striking out ``subsection (c) and (d)'' and inserting in
        lieu thereof ``subsections (c) and (d)''.
            (3) Section 9004(a) (42 U.S.C. 6991c(a)) is amended by
        striking out ``in 9001(2)(A)'' and inserting in lieu thereof
        ``in section 9001(2)(A)''.
            (4) Section 9005 (42 U.S.C. 6991d) is amended--
                    (A) in subsection (a), by striking out ``study
                taking'' and inserting in lieu thereof ``study,
                taking'';
                    (B) in subsection (b)(1), by striking out
                ``relevent'' and inserting in lieu thereof
                ``relevant''; and
                    (C) in subsection (b)(4), by striking out
                ``Evironmental'' and inserting in lieu thereof
                ``Environmental''.

               TITLE II--EXTENSION OF TRUST FUND PURPOSES

SEC. 201. EXTENSION OF TRUST FUND PURPOSES.

    Paragraph (1) of section 9508(c) of the Internal Revenue Code of
1986 (relating to expenditures) is amended by striking ``to carry out
section 9003(h)'' and all that follows and inserting ``to carry out--
                    ``(A) section 9003(h) of the Solid Waste Disposal
                Act (as in effect on the date of the enactment of the
                Superfund Amendments and Reauthorization Act of 1986),
                and
                    ``(B) section 9004(f) of the Solid Waste Disposal
                Act (as in effect on the date of the enactment of the
                Leaking Underground Storage Tank Trust Fund Amendments
                Act of 1997).''

            Passed the House of Representatives April 23, 1997.

            Attest:

                                                ROBIN H. CARLE,

                                                                 Clerk.

Summary: TABLE OF CONTENTS: Title I: Distributions from Leaking Underground Storage Tank Trust Fund Title II: Extension of Trust Fund Purposes Leaking Underground Storage Tank Trust Fund Amendments Act of 1997 - Title I: Distributions from Leaking Underground Storage Tank Trust Fund - Amends the Solid Waste Disposal Act to require the Administrator of the Environmental Protection Agency (EPA) to distribute to States at least 85 percent of the funds appropriated to EPA from the Leaking Underground Storage Tank Trust Fund each fiscal year for the reasonable costs under cooperative agreements of: (1) State actions under the EPA program for petroleum release responses. (2) necessary administrative expenses directly related to corrective action and compensation programs under State financial responsibility requirements. (3) other costs of such programs in any instance, as determined by the State, in which an owner's or operator's financial resources are inadequate to pay the costs of a corrective action without significantly impairing the ability to continue in business. (4) enforcement of an approved State or local underground storage tank (UST) program or similar provisions. And (5) State and local corrective actions pursuant to regulations regarding corrective action in response to UST releases. Prohibits use of such funds to provide financial assistance to an owner or operator in meeting regulatory requirements for upgrading of existing UST systems. Sets forth requirements for allocation of funds to States. Makes inapplicable to Trust Fund amounts provided to owners or operators under programs described in (2), above, provisions for recovery of petroleum release corrective or enforcement action costs. Title II: Extension of Trust Fund Purposes - Amends the Internal Revenue Code to authorize use of amounts in the Trust Fund for making expenditures to carry out this Act.