SECTION 1. EMERGENCY WATERSHED PROTECTION DISASTER ASSISTANCE FUND.

    (a) Definitions.--In this section:
            (1) Emergency watershed protection program.--The term
        ``emergency watershed protection program'' means the emergency
        watershed protection program established under section 403 of
        the Agricultural Credit Act of 1978 (16 U.S.C. 2203).
            (2) Fund.--The term ``Fund'' means the Emergency Watershed
        Protection Disaster Assistance Fund established by subsection
        (b).
            (3) Natural disaster.--The term ``natural disaster''
        means--
                    (A) a natural disaster declared by the Secretary
                under section 321(a) of the Consolidated Farm and Rural
                Development Act (7 U.S.C. 1961(a)); or
                    (B) a major disaster or emergency designated by the
                President under the Robert T. Stafford Disaster Relief
                and Emergency Assistance Act (42 U.S.C. 5121 et seq.).
            (4) Secretary.--The term ``Secretary'' means the Secretary
        of Agriculture.
    (b) Establishment.--There is established in the Treasury of the
United States a fund to be known as the ``Emergency Watershed
Protection Disaster Assistance Fund'', to be administered by the
Secretary to carry out activities under the emergency watershed
protection program.
    (c) Purpose and Availability of Fund.--
            (1) In general.--Subject to subsection (d), amounts in the
        Fund shall be available to the Secretary, until expended, to
        provide additional amounts for authorized activities described
        in subsection (b) in areas affected by a natural disaster.
            (2) Maintenance of funding.--Amounts in the Fund shall
        supplement (and not supplant) other Federal funding for natural
        disasters.
    (d) Directly Appropriated Amounts.--Amounts appropriated directly
to the Fund by this Act or any subsequent Act for a specific purpose
shall be available only for that purpose until such time as the
transfer authority provided by subsection (f) takes effect with regard
to the amounts.
    (e) Transfer of Prior Appropriations to Fund.--
            (1) In general.--The Secretary may transfer to the Fund,
        and merge with other amounts generally appropriated to the
        Fund, the available unobligated balance of any amounts
        described in paragraph (2) if, in advance of the transfer, the
        Secretary--
                    (A) determines that the unobligated amounts are no
                longer needed to respond to the natural disaster for
                which the amounts were originally appropriated; and
                    (B) provides a certification of that determination
                to the Committees on Appropriations of the House of
                Representatives and the Senate.
            (2) Amounts.--
                    (A) In general.--Amounts described in this
                paragraph are amounts for the emergency watershed
                protection program that--
                            (i) except in the case of funds described
                        in subparagraph (B), remain unobligated as of
                        the date of enactment of this Act; or
                            (ii)(I) are made available under the
                        Disaster Relief Appropriations Act, 2013
                        (division A of Public Law 113-2; 127 Stat. 4);
                        and
                            (II) are not necessary to fulfill any
                        eligible request for the funds made in
                        accordance with that Act.
                    (B) Emergency designations.--
                            (i) Emergency designation for statutory
                        paygo.--This subsection is designated as an
                        emergency requirement pursuant to section 4(g)
                        of the Statutory Pay-As-You-Go Act of 2010
                        (Public Law 111-139; 2 U.S.C. 933(g)).
                            (ii) Emergency designation for
                        congressional enforcement.--In the Senate, this
                        subsection is designated as an emergency
                        requirement pursuant to sections 403(a) and
                        423(b) of S. Con. Res. 13 (111th Congress), the
                        concurrent resolution on the budget for fiscal
                        year 2010.
            (3) Certain funds.--
                    (A) Preliminary deposit.--Not later than 30 days
                after the date of enactment of this Act, the Secretary
                shall transfer to the Fund all amounts described in
                paragraph (2)(A)(ii) that are in excess of amounts
                requested in applications received by the Secretary on
                or before April 18, 2014, in accordance with the
                Disaster Relief Appropriations Act, 2013 (division A of
                Public Law 113-2; 127 Stat. 4).
                    (B) Final deposit.--As soon as practicable after
                the Secretary has made final determinations on all
                applications described in subparagraph (A), the
                Secretary shall transfer to the Fund all remaining
                unobligated amounts described in paragraph (2)(A)(ii).
    (f) Transfer of Other Appropriations to Fund.--
            (1) In general.--Unless otherwise specifically provided in
        an appropriations Act, the Secretary may transfer to or within
        the Fund, and merge with other amounts generally appropriated
        to the Fund, the available unobligated balance of any amounts
        that are appropriated for fiscal year 2014 or any subsequent
        fiscal year for the emergency watershed protection program to
        respond to a natural disaster or are designated by the Congress
        as an emergency requirement if, in advance of the transfer, the
        Secretary--
                    (A) determines that the unobligated amounts are no
                longer needed to respond to the natural disaster for
                which the amounts were originally appropriated; and
                    (B) provides a certification of that determination
                to the Committees on Appropriations of the House of
                Representatives and the Senate.
            (2) Timing.--A transfer of unobligated amounts with respect
        to a natural disaster may not be made under this subsection
        until after the end of the 2-year period beginning on the date
        on which the amounts were originally appropriated for that
        natural disaster.
    (g) Availability of Funds.--Amounts transferred into the Fund under
this section shall be available to the Secretary for obligation without
further appropriation.
    (h) Administrative Expenses.--In addition to any other funds
available to the Secretary to cover administrative costs, the Secretary
may use up to 3 percent of the amounts allocated from the Fund for a
specific natural disaster to cover administrative costs of the State
and local offices of the Department of Agriculture in the areas
affected by the natural disaster to carry out disaster-related
activities.
    (i) Limitation on Per Disaster Obligations.--
            (1) In general.--Amounts in the Fund, except for amounts
        described in subsection (d) that are appropriated to the Fund
        and obligated in accordance with that subsection, may not be
        obligated in excess of $1,000,000 for a natural disaster until
        at least 15 days after the date on which the Secretary notifies
        the Committees on Appropriations of the House of
        Representatives and the Senate of the determination of the
        Secretary to obligate additional amounts and the reasons for
        the determination.
            (2) Specific and extreme need.--The Secretary may not
        obligate more than 50 percent of the amounts in the Fund for
        any 1 natural disaster unless the Secretary declares that there
        is a specific and extreme need for additional funds to be
        provided in response to that natural disaster at time of the
        obligation.
    (j) Quarterly Reports.--The Secretary shall submit, on a quarterly
basis, to the Committees on Appropriations of the House of
Representatives and the Senate a report describing the status of the
Fund and any transactions that have affected the Fund since the
previous report.

Summary: Establishes in the Treasury the Emergency Watershed Protection Disaster Assistance Fund to be administered by the Secretary of Agriculture (USDA) to carry out emergency watershed protection activities in natural disaster-affected areas. Sets forth limitations on per disaster obligations.

A bill to establish an emergency watershed protection disaster assistance fund to be available to the Secretary of Agriculture to provide assistance for any natural disaster.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Aggregate Risk and Revenue
Management Act of 2011'' or the ``ARRM Act of 2011''.

SEC. 2. AGGREGATE RISK AND REVENUE MANAGEMENT PROGRAM.

    Section 1105 of the Food, Conservation, and Energy Act of 2008 (7
U.S.C. 8715) is amended to read as follows:

``SEC. 1105. AGGREGATE RISK AND REVENUE MANAGEMENT PROGRAM.

    ``(a) Definitions.--In this section:
            ``(1) Alternative price.--The term `alternative price'
        means an average of the price for each of the immediately
        preceding 4 years, as determined by the National Agricultural
        Statistics Service, for each crop for which the harvest price
        is unavailable.
            ``(2) ARRM.--The term `ARRM' means the aggregate risk and
        revenue management program established under this section.
            ``(3) CRD.--The term `CRD' means a crop reporting district,
        as determined by the National Agricultural Statistics Service.
            ``(4) Harvest price.--The term `harvest price' means the
        harvest price determined by the Risk Management Agency.
    ``(b) Availability and Election of Alternative Approach.--
            ``(1) Availability of aggregate risk and revenue management
        payments.--With respect to all covered commodities and peanuts
        on a farm, during each of the 2013 through 2017 crop years, the
        Secretary shall give the operator, tenant, or sharecropper, as
        appropriate, on the farm an opportunity to make an annual
        election for all producers on the farm to receive aggregate
        risk and revenue management payments under this section for the
        crop year for which the election is made.
            ``(2) Limitations.--
                    ``(A) In general.--The total number of planted
                acres for which the producers on a farm may receive
                ARRM payments under this section shall be equal to the
                total number of acres planted to all covered
                commodities and peanuts on the farm.
                    ``(B) Native sod.--
                            ``(i) In general.--Native sod (as defined
                        in section 508(o)(1) of the Federal Crop
                        Insurance Act (7 U.S.C. 1508(o)(1))) acreage
                        that is tilled for the purpose of producing an
                        annual crop after the date of enactment of the
                        ARRM Act of 2011 shall not be considered
                        acreage planted to the covered commodity or
                        peanuts for harvest on a farm in a crop year
                        for purposes of making ARRM payments under this
                        section during the first 5 crop years of
                        planting.
                            ``(ii) Requirement.--Ineligibility under
                        clause (i) shall only apply to the actual
                        acreage of native sod that was converted to
                        crop production.
            ``(3) Election; time for election.--
                    ``(A) In general.--The Secretary shall provide
                notice to the operators, tenants, or sharecroppers, as
                appropriate regarding the opportunity to make each of
                the elections described in paragraph (1).
                    ``(B) Notice requirements.--The notice shall
                include--
                            ``(i) notice of the opportunity of the
                        operator, tenant, or sharecropper, as
                        appropriate, on a farm to make the election;
                        and
                            ``(ii) information regarding the manner in
                        which the election must be made and the time
                        periods and manner in which notice of the
                        election must be submitted to the Secretary.
            ``(4) Election deadline.--Within the time period and in the
        manner prescribed pursuant to paragraph (3), the operator,
        tenant, or sharecropper, as appropriate, on a farm shall submit
        to the Secretary notice of an election made under paragraph
        (1).
            ``(5) Effect of failure to make election.--If the
        operators, tenants, or sharecroppers, as appropriate, on a farm
        fail to make an election under paragraph (1) or fail to timely
        notify the Secretary of the election made, as required by
        paragraph (4), all of the producers on the farm shall be deemed
        to not have made the election described in paragraph (1), for
        the applicable crop years.
    ``(c) Payments Required.--
            ``(1) In general.--In the case of producers on a farm who
        make an election under subsection (b) to receive ARRM payments
        for any of the 2013 through 2017 crop years for all covered
        commodities and peanuts, the Secretary shall make ARRM payments
        available to the producers on a farm in accordance with this
        subsection.
            ``(2) ARRM payment.--
                    ``(A) In general.--Subject to paragraph (3), in the
                case of producers on a farm described in paragraph (1),
                the Secretary shall make ARRM payments available to the
                producers on a farm for each crop year if--
                            ``(i) the actual CRD revenue for the crop
                        year for the covered commodity or peanuts in
                        the CRD determined under subsection (e); is
                        less than
                            ``(ii) the ARRM program guarantee for the
                        crop year for the covered commodity or peanuts
                        in the CRD determined under subsection (d).
                    ``(B) Individual loss.--The Secretary shall make
                ARRM payments available to the producers on a farm in a
                CRD for a crop year only if (as determined by the
                Secretary)--
                            ``(i) the actual farm revenue for the crop
                        year for the covered commodity or peanuts, as
                        determined under subsection (g); is less than
                            ``(ii) the farm ARRM revenue guarantee for
                        the crop year for the covered commodity or
                        peanuts, as determined under subsection (f).
            ``(3) Time for payments.--In the case of each of the 2013
        through 2017 crop years, the Secretary shall make ARRM payments
        beginning October 1, or as soon as practicable thereafter,
        after the date of determination of the harvest price for the
        covered commodity or peanuts.
    ``(d) ARRM Program Guarantee.--
            ``(1) CRD amount.--
                    ``(A) In general.--For purposes of subsection
                (c)(2)(A) and subject to subparagraphs (B) and (C), the
                ARRM program guarantee for a crop year for a covered
                commodity or peanuts in a CRD shall equal 90 percent of
                the CRD average revenue, as determined under
                subparagraph (B).
                    ``(B) CRD average revenue.--For purposes of
                subparagraph (A), the CRD average revenue shall be the
                average during the marketing years for the immediately
                preceding 5 crops of a covered commodity and peanuts,
                excluding the year in which the CRD revenue was the
                highest and the year in which the CRD revenue was the
                lowest in the period, of the product obtained by
                multiplying--
                            ``(i) the CRD yield for the covered
                        commodity or peanuts in a CRD determined under
                        paragraph (2); and
                            ``(ii) the harvest price or alternative
                        price for the covered commodity or peanuts.
                    ``(C) Minimum and maximum guarantee.--The ARRM
                program guarantee for a crop year for a covered
                commodity or peanuts under subparagraph (A) shall not
                decrease or increase more than 10 percent from the
                guarantee for the preceding crop year.
                    ``(D) Double-cropped acreage.--Any crop
                subsequently planted on land determined for purposes of
                the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.)
                to be prevented planted acreage shall not be included
                in calculating the ARRM program guarantee under
                subparagraph (A) or the actual farm revenue under
                subsection (g) unless the farm has a history of double-
                cropping and is located in a region in which double-
                cropping is an acceptable farming practice, as
                determined by the Secretary.
            ``(2) Assigned crd yield.--If the Secretary cannot
        establish the CRD yield for each planted acre for a crop year
        for a covered commodity or peanuts in a CRD in accordance with
        subparagraph (A) or if the yield determined under subparagraph
        (A) is an unrepresentative average yield for the CRD (as
        determined by the Secretary), the Secretary shall assign a CRD
        yield for each planted acre for the crop year for the covered
        commodity or peanuts in the CRD on the basis of--
                    ``(A) previous average yields for a period of 5
                crop years, excluding each of the crop years with the
                highest and lowest yields; or
                    ``(B) CRD yields for planted acres for the crop
                year for the covered commodity or peanuts in similar
                CRDs.
            ``(3) CRDs with irrigated and nonirrigated land.--In the
        case of a CRD in which at least 25 percent of the acreage
        planted to a covered commodity or peanuts in the CRD is
        irrigated and at least 25 percent of the acreage planted to the
        covered commodity or peanuts in the CRD is not irrigated, the
        Secretary shall calculate a separate ARRM program guarantee for
        the irrigated and nonirrigated areas of the CRD for the covered
        commodity or peanuts.
    ``(e) Actual CRD Revenue.--
            ``(1) In general.--For purposes of subsection (c)(2)(A),
        the amount of the actual CRD revenue for a crop year of a
        covered commodity or peanuts shall equal the product obtained
        by multiplying--
                    ``(A) the actual CRD yield for each planted acre
                for the crop year for the covered commodity or peanuts
                determined under paragraph (2); and
                    ``(B) the national average harvest price or
                alternative price received by producers for the crop
                year for the covered commodity or peanuts as determined
                by the Risk Management Agency.
            ``(2) Actual crd yield.--For purposes of paragraph (1)(A),
        the actual CRD yield for each planted acre for a crop year for
        a covered commodity or peanuts in a CRD shall equal (as
        determined by the Secretary)--
                    ``(A) the quantity of the covered commodity or
                peanuts that is produced in the CRD during the crop
                year; divided by
                    ``(B) the number of acres that are planted to the
                covered commodity or peanuts in the CRD during the crop
                year.
    ``(f) Farm ARRM Revenue Guarantee.--
            ``(1) In general.--For purposes of subsection (c)(2)(B),
        the farm ARRM revenue guarantee for the crop year for a covered
        commodity or peanuts shall equal 90 percent of the average farm
        revenue as determined under paragraph (2).
            ``(2) Average farm revenue.--The average farm revenue shall
        be equal to the sum obtained by adding--
                    ``(A) the average during the marketing years for
                the immediately preceding 5 crops of a covered
                commodity and peanuts, excluding the year in which the
                farm revenue was the highest and the year in which the
                farm revenue was the lowest in the period, of the
                product obtained by multiplying--
                            ``(i) the actual production history, as
                        determined using production records and data of
                        the Risk Management Agency; and
                            ``(ii) the harvest price or alternative
                        price for the covered commodity or peanuts in a
                        CRD; and
                    ``(B) the amount of the per acre crop insurance
                premium required to be paid by the producers on the
                farm for the applicable crop year for the covered
                commodity or peanuts on the farm.
    ``(g) Actual Farm Revenue.--For purposes of subsection (c)(2)(B)
and except as provided in subsection (d)(1)(C), the amount of the
actual farm revenue for a crop year for a covered commodity or peanuts
shall equal the amount determined by multiplying--
            ``(1) the actual yield for the covered commodity or peanuts
        of the producers on the farm; and
            ``(2) the national average harvest price or alternative
        price for the crop year for the covered commodity or peanuts.
    ``(h) Payment Amount.--If ARRM payments are required to be paid for
any of the 2013 through 2017 crop years of a covered commodity or
peanuts under this section, the amount of the ARRM payment to be paid
to the producers on the farm for the crop year under this section shall
be equal to the product obtained by multiplying--
            ``(1) the lesser of--
                    ``(A) the difference between--
                            ``(i) the ARRM program guarantee for the
                        crop year for the covered commodity or peanuts
                        in the CRD determined under subsection (d); and
                            ``(ii) the actual CRD revenue from the crop
                        year for the covered commodity or peanuts in
                        the CRD determined under subsection (e); and
                    ``(B) 15 percent of the ARRM program guarantee for
                the crop year for the covered commodity or peanuts in
                the CRD determined under subsection (d);
            ``(2) 85 percent of the acreage planted to the covered
        commodity or peanuts for harvest on the farm in the crop year;
        and
            ``(3) the quotient obtained by dividing--
                    ``(A) the actual production history for the covered
                commodity or peanuts of the producers on the farm, as
                determined using production records and data of the
                Risk Management Agency; and
                    ``(B) the assigned CRD yield for each planted acre
                for the crop year for the covered commodity or peanuts
                in a CRD, as determined under subsection (d)(2).
    ``(i) Crop Reporting District Assessment.--The Secretary shall
review CRDs in western States that have 7 or fewer CRDs to assess
whether additional CRDs in the States are necessary.''.

SEC. 3. CONFORMING AMENDMENTS.

    (a) Repeal of Direct and Counter-Cyclical Payments for Covered
Commodities and Peanuts.--
            (1) In general.--Sections 1103, 1104, 1303, and 1304 of the
        Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8713,
        8714, 8753, 8754) are repealed.
            (2) Application.--The amendments made by paragraph (1)
        apply beginning with the 2013 crop year.
    (b) Period of Effectiveness.--Section 1109 of the Food,
Conservation, and Energy Act of 2008 (7 U.S.C. 8719) is amended by
striking ``2012'' and inserting ``2017''.
    (c) Suspension of Permanent Price Support Authority.--Section 1602
of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8782) is
amended--
            (1) by striking ``through 2012'' each place it appears and
        inserting ``through 2017''; and
            (2) by striking ``December 31, 2012'' each place it appears
        and inserting ``December 31, 2017''.
    (d) Technical Amendments.--
            (1) Section 1001 of the Food, Conservation, and Energy Act
        of 2008 (7 U.S.C. 8702) is amended by striking paragraph (1)
        and inserting the following:
            ``(1) Aggregate risk and revenue management payment.--The
        term `aggregate risk and revenue management payment' means a
        payment made to producers on a farm under section 1105.''
            (2) Section 1101(d)(1) of the Food, Conservation, and
        Energy Act of 2008 (7 U.S.C. 8711(d)(1)) is amended by striking
        ``average crop revenue election'' and inserting ``aggregate
        risk and revenue management''.
            (3) Section 1106 of the Food, Conservation, and Energy Act
        of 2008 (7 U.S.C. 8716) is amended by striking ``average crop
        revenue election'' each place it appears in subsections (a)(1),
        (b), and (e) and inserting ``aggregate risk and revenue
        management''.
            (4) Section 1302(d)(1) of the Food, Conservation, and
        Energy Act of 2008 (7 U.S.C. 8752(d)(1)) is amended by striking
        ``average crop revenue election'' and inserting ``aggregate
        risk and revenue management''.
            (5) Section 1305 of the Food, Conservation, and Energy Act
        of 2008 (7 U.S.C. 8755) is amended by striking ``average crop
        revenue election'' each place it appears in subsections (a)(1),
        (b), and (e) and inserting ``aggregate risk and revenue
        management''.
            (6) Section 1001 of the Food Security Act of 1985 (7 U.S.C.
        1308) is amended--
                    (A) by striking ``ACRE'' each place it appears in
                the headings of subsections (b) and (c) and inserting
                ``ARRM'';
                    (B) by striking ``ACRE'' each place it appears in
                the headings of paragraph (3) of subsections (b) and
                (c) and inserting ``ARRM''; and
                    (C) by striking ``average crop revenue election''
                each place it appears in subsections (b) and (c) and
                inserting ``aggregate risk and revenue management''.
            (7) Section 1001D of the Food Security Act of 1985 (7
        U.S.C. 1308-3a) is amended--
                    (A) in subsection (b)(C)(i), by striking ``average
                crop revenue election'' and inserting ``aggregate risk
                and revenue management''; and
                    (B) in subsection (f), by striking ``2012'' and
                inserting ``2017''.

Summary: Aggregate Risk and Revenue Management Act of 2011 or the ARRM Act of 2011 - Amends the Food, Conservation, and Energy Act of 2008 to direct the Secretary of Agriculture (USDA), regarding all covered commodities and peanuts during each of the 2013-2017 crop years, to give the operator, tenant, or sharecropper on a farm an opportunity to make an annual election for all producers on the farm to receive aggregate risk and revenue management payments for the crop year for which the election is made. Repeals the direct and counter-cyclical payment programs for covered commodities and peanuts beginning with the 2013 crop year. Suspends permanent price support authority through December 31, 2017.

A bill to amend the Food, Conservation, and Energy Act of 2008 to reform agricultural programs by establishing the aggregate risk and revenue management program.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``9/11 Commission Civil Liberties
Board Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) On July 22, 2004 the National Commission on Terrorist
        Attacks Upon the United States (also known as the 9/11
        Commission) issued a report that included 41 specific
        recommendations to help prevent future terrorist attacks,
        including details of a global strategy and government
        reorganization necessary to implement that strategy.
            (2) One of the recommendations focused on the protections
        of civil liberties. Specifically the following recommendation
        was made: ``At this time of increased and consolidated
        government authority, there should be a board within the
        executive branch to oversee adherence to the guidelines we
        recommend and the commitment the government makes to defend our
        civil liberties.''.
            (3) The report also states that ``the choice between
        security and liberty is a false choice, as nothing is more
        likely to endanger America's liberties than the success of a
        terrorist attack at home. Our History has shown that the
        insecurity threatens liberty at home. Yet if our liberties are
        curtailed, we lose the values that we are struggling to
        defend.''.
            (4) On December 17, 2004, Public Law 108-458, the National
        Intelligence Reform Act, was signed into law. This law created
        a civil liberties board that does not have the authority
        necessary to protect civil liberties.
            (5) The establishment and adequate funding of a Privacy and
        Civil Liberties Oversight Board was a crucial recommendation
        made by the 9/11 Commission.
            (6) In its Final Report on 9/11 Commission Recommendations,
        the Commission noted ``very little urgency'' and
        ``insufficient'' funding as it relates to the establishment of
        the Privacy and Civil Liberties Oversight Board.
            (7) While the President's budget submission for fiscal year
        2006 included $750,000 for the Privacy and Civil Liberties
        Oversight Board, the President's budget submission for fiscal
        year 2007 does not contain a funding line for the Board.

SEC. 3. MAKING THE PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD
              INDEPENDENT.

    Section 1061(b) of the Intelligence Reform and Terrorism Prevention
Act of 2004 is amended by striking ``within the Executive Office of the
President'' and inserting ``as an independent agency within the
Executive branch''.

SEC. 4. REQUIRING ALL MEMBERS OF THE PRIVACY AND CIVIL LIBERTIES
              OVERSIGHT BOARD BE CONFIRMED BY THE SENATE.

    Subsection (e) of section 1061 of the Intelligence Reform and
Terrorism Prevention Act of 2004 is amended to read as follows:
    ``(e) Membership.--
            ``(1) Members.--The Board shall be composed of a full-time
        chairman and 4 additional members, who shall be appointed by
        the President, by and with the advice and consent of the
        Senate.
            ``(2) Qualifications.--Members of the Board shall be
        selected solely on the basis of their professional
        qualifications, achievements, public stature, expertise in
        civil liberties and privacy, and relevant experience, and
        without regard to political affiliation, but in no event shall
        more than 3 members of the Board be members of the same
        political party. The President shall, before appointing an
        individual who is not a member of the same political party as
        the President consult with the leadership of that party, if
        any, in the Senate and House of Representatives.
            ``(3) Incompatible office.--An individual appointed to the
        Board may not, while serving on the Board, be an elected
        official, officer, or employee of the Federal Government, other
        than in the capacity as a member of the Board.
            ``(4) Term.--Each member of the Board shall serve a term of
        six years, except that--
                    ``(A) a member appointed to a term of office after
                the commencement of such term may serve under such
                appointment only for the remainder of such term;
                    ``(B) upon the expiration of the term of office of
                a member, the member shall continue to serve until the
                member's successor has been appointed and qualified,
                except that no member may serve under this
                subparagraph--
                            ``(i) for more than 60 days when Congress
                        is in session unless a nomination to fill the
                        vacancy shall have been submitted to the
                        Senate; or
                            ``(ii) after the adjournment sine die of
                        the session of the Senate in which such
                        nomination is submitted; and
                    ``(C) the members initially appointed under this
                subsection shall serve terms of two, three, four, five,
                and six years, respectively, from the effective date of
                this Act, with the term of each such member to be
                designated by the President.
            ``(5) Quorum and meetings.--The Board shall meet upon the
        call of the chairman or a majority of its members. Three
        members of the Board shall constitute a quorum.''.

SEC. 5. SUBPOENA POWER FOR THE PRIVACY AND CIVIL LIBERTIES OVERSIGHT
              BOARD.

    Section 1061(d) of the Intelligence Reform and Terrorism Prevention
Act of 2004 is amended--
            (1) so that subparagraph (D) of paragraph (1) reads as
        follows:
                    ``(D) require, by subpoena issued at the direction
                of a majority of the members of the Board, persons
                (other than departments, agencies, and elements of the
                executive branch) to produce any relevant information,
                documents, reports, answers, records, accounts, papers,
                and other documentary or testimonial evidence.''; and
            (2) so that paragraph (2) reads as follows:
            ``(2) Enforcement of subpoena.--In the case of contumacy or
        failure to obey a subpoena issued under paragraph (1)(D), the
        United States district court for the judicial district in which
        the subpoenaed person resides, is served, or may be found may
        issue an order requiring such person to produce the evidence
        required by such subpoena.''.

SEC. 6. REPORTING REQUIREMENTS.

    (a) Duties of Board.--Paragraph (4) of section 1061(c) of the
Intelligence Reform and Terrorism Prevention Act of 2004 is amended to
read as follows:
            ``(4) Reports.--
                    ``(A) Receipt, review, and submission.--
                            ``(i) In general.--The Board shall--
                                    ``(I) receive and review reports
                                from privacy officers and civil
                                liberties officers described in section
                                212; and
                                    ``(II) periodically submit, not
                                less than semiannually, reports to the
                                appropriate committees of Congress,
                                including the Committees on the
                                Judiciary of the Senate and the House
                                of Representatives, the Committee on
                                Homeland Security and Governmental
                                Affairs of the Senate, the Committee on
                                Government Reform of the House of
                                Representatives, the Select Committee
                                on Intelligence of the Senate, and the
                                Permanent Select Committee on
                                Intelligence of the House of
                                Representatives, and to the President.
                        Such reports shall be in unclassified form to
                        the greatest extent possible, with a classified
                        annex where necessary.
                            ``(ii) Contents.--Not less than 2 reports
                        the Board submits each year under clause
                        (i)(II) shall include--
                                    ``(I) a description of the major
                                activities of the Board during the
                                preceding period;
                                    ``(II) information on the findings,
                                conclusions, and recommendations of the
                                Board resulting from its advice and
                                oversight functions under subsection
                                (c);
                                    ``(III) the minority views on any
                                findings, conclusions, and
                                recommendations of the Board resulting
                                from its advice and oversight functions
                                under subsection (c); and
                                    ``(IV) each proposal reviewed by
                                the Board under subsection (c)(1) that
                                the Board advised against implementing,
                                but that notwithstanding such advice,
                                was implemented.
                    ``(B) Informing the public.--The Board shall--
                            ``(i) make its reports, including its
                        reports to Congress, available to the public to
                        the greatest extent that is consistent with the
                        protection of classified information and
                        applicable law; and
                            ``(ii) hold public hearings and otherwise
                        inform the public of its activities, as
                        appropriate and in a manner consistent with the
                        protection of classified information and
                        applicable law.''.
    (b) Privacy and Civil Liberties Officers.--Section 1062 of the
Intelligence Reform and Terrorism Prevention Act of 2004 is amended to
read as follows:

``SEC. 1062. PRIVACY AND CIVIL LIBERTIES OFFICERS.

    ``(a) Designation and Functions.--The Attorney General, the
Secretary of Defense, the Secretary of State, the Secretary of the
Treasury, the Secretary of Health and Human Services, the Secretary of
Homeland Security, the National Intelligence Director, the Director of
the Central Intelligence Agency, any other entity within the
intelligence community (as defined in section 3 of the National
Security Act of 1947 (50 U.S.C. 401a)), and the head of any other
department, agency, or element of the executive branch designated by
the Privacy and Civil Liberties Oversight Board to be appropriate for
coverage under this section shall designate not less than 1 senior
officer to--
            ``(1) assist the head of such department, agency, or
        element and other officials of such department, agency, or
        element in appropriately considering privacy and civil
        liberties concerns when such officials are proposing,
        developing, or implementing laws, regulations, policies,
        procedures, or guidelines related to efforts to protect the
        Nation against terrorism;
            ``(2) periodically investigate and review department,
        agency, or element actions, policies, procedures, guidelines,
        and related laws and their implementation to ensure that such
        department, agency, or element is adequately considering
        privacy and civil liberties in its actions;
            ``(3) ensure that such department, agency, or element has
        adequate procedures to receive, investigate, respond to, and
        redress complaints from individuals who allege such department,
        agency, or element has violated their privacy or civil
        liberties; and
            ``(4) in providing advice on proposals to retain or enhance
        a particular governmental power the officer shall consider
        whether such department, agency, or element has established--
                    ``(A) that the power actually enhances security and
                the need for the power is balanced with the need to
                protect privacy and civil liberties;
                    ``(B) that there is adequate supervision of the use
                by such department, agency, or element of the power to
                ensure protection of privacy and civil liberties; and
                    ``(C) that there are adequate guidelines and
                oversight to properly confine its use.
    ``(b) Exception to Designation Authority.--
            ``(1) Privacy officers.--In any department, agency, or
        element referred to in subsection (a) or designated by the
        Board, which has a statutorily created privacy officer, such
        officer shall perform the functions specified in subsection (a)
        with respect to privacy.
            ``(2) Civil liberties officers.--In any department, agency,
        or element referred to in subsection (a) or designated by the
        Board, which has a statutorily created civil liberties officer,
        such officer shall perform the functions specified in
        subsection (a) with respect to civil liberties.
    ``(c) Supervision and Coordination.--Each privacy officer or civil
liberties officer described in subsection (a) or (b) shall--
            ``(1) report directly to the head of the department,
        agency, or element concerned; and
            ``(2) coordinate their activities with the Inspector
        General of such department, agency, or element to avoid
        duplication of effort.
    ``(d) Agency Cooperation.--The head of each department, agency, or
element shall ensure that each privacy officer and civil liberties
officer--
            ``(1) has the information, material, and resources
        necessary to fulfill the functions of such officer;
            ``(2) is advised of proposed policy changes;
            ``(3) is consulted by decisionmakers; and
            ``(4) is given access to material and personnel the officer
        determines to be necessary to carry out the functions of such
        officer.
    ``(e) Reprisal for Making Complaint.--No action constituting a
reprisal, or threat of reprisal, for making a complaint or for
disclosing information to a privacy officer or civil liberties officer
described in subsection (a) or (b), or to the Privacy and Civil
Liberties Oversight Board, that indicates a possible violation of
privacy protections or civil liberties in the administration of the
programs and operations of the Federal Government relating to efforts
to protect the Nation from terrorism shall be taken by any Federal
employee in a position to take such action, unless the complaint was
made or the information was disclosed with the knowledge that it was
false or with willful disregard for its truth or falsity.
    ``(f) Periodic Reports.--
            ``(1) In general.--The privacy officers and civil liberties
        officers of each department, agency, or element referred to or
        described in subsection (a) or (b) shall periodically, but not
        less than quarterly, submit a report on the activities of such
        officers--
                    ``(A)(i) to the appropriate committees of Congress,
                including the Committees on the Judiciary of the Senate
                and the House of Representatives, the Committee on
                Homeland Security and Governmental Affairs of the
                Senate, the Committee on Government Reform of the House
                of Representatives, the Select Committee on
                Intelligence of the Senate, and the Permanent Select
                Committee on Intelligence of the House of
                Representatives;
                    ``(ii) to the head of such department, agency, or
                element; and
                    ``(iii) to the Privacy and Civil Liberties
                Oversight Board; and
                    ``(B) which shall be in unclassified form to the
                greatest extent possible, with a classified annex where
                necessary.
            ``(2) Contents.--Each report submitted under paragraph (1)
        shall include information on the discharge of each of the
        functions of the officer concerned, including--
                    ``(A) information on the number and types of
                reviews undertaken;
                    ``(B) the type of advice provided and the response
                given to such advice;
                    ``(C) the number and nature of the complaints
                received by the department, agency, or element
                concerned for alleged violations; and
                    ``(D) a summary of the disposition of such
                complaints, the reviews and inquiries conducted, and
                the impact of the activities of such officer.
    ``(g) Informing the Public.--Each privacy officer and civil
liberties officer shall--
            ``(1) make the reports of such officer, including reports
        to Congress, available to the public to the greatest extent
        that is consistent with the protection of classified
        information and applicable law; and
            ``(2) otherwise inform the public of the activities of such
        officer, as appropriate and in a manner consistent with the
        protection of classified information and applicable law.
    ``(h) Savings Clause.--Nothing in this section shall be construed
to limit or otherwise supplant any other authorities or
responsibilities provided by law to privacy officers or civil liberties
officers.
    ``(i) Protections for Human Research Subjects.--The Secretary of
Homeland Security shall ensure that the Department of Homeland Security
complies with the protections for human research subjects, as described
in part 46 of title 45, Code of Federal Regulations, or in equivalent
regulations as promulgated by such Secretary, with respect to research
that is conducted or supported by such Department.''.

SEC. 7. INCLUSION IN PRESIDENT'S BUDGET SUBMISSION TO CONGRESS.

    Section 1105(a) of title 31, United States Code, is amended by
adding at the end the following new paragraph:
            ``(36) a separate statement of the amount of appropriations
        requested for the Privacy and Civil Liberties Oversight
        Board.''.

Summary: Commission Civil Liberties Board Act - Amends the Intelligence Reform and Terrorism Prevention Act of 2004 to make the Privacy and Civil Liberties Oversight Board (Board) an independent agency within the Executive branch. Requires the Board to be composed of a full-time chairman and four additional members, all to be confirmed by the Senate. Prohibits Board members, while so serving, from being an elected official, officer, or employee of the Federal Government. Provides six-year terms. Gives the Board subpoena power. Requires the Board to: (1) receive and review reports from privacy and civil liberties officers. And (2) report at least semiannually to specified congressional committees on Board activities and other appropriate matters. Directs the heads of specified Federal agencies to designate at least one senior officer for appropriate assistance with respect to privacy and civil liberties concerns as they relate to terrorism prevention. Directs the Secretary of Homeland Security to ensure that the Department of Homeland Security complies with the protections for human research subjects in research conducted or supported by such Department. Requires within the President's annual budget submission to Congress a separate statement of the amount of appropriations requested for the Board.

To amend the Intelligence Reform and Terrorism Prevention Act of 2004 with respect to the Privacy and Civil Liberties Oversight Board, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Reinvesting In Vital Economic Rivers
and Waterways Act of 2013'' or the ``RIVER Act''.

SEC. 2. FINDINGS.

    Congress finds that the inland waterways navigation system--
            (1) is an essential economic resource for the United
        States;
            (2) serves as the most efficient sustainable transportation
        mode for bulk commodities in the United States while
        maintaining environmental resources; and
            (3) as of the date of enactment of this Act, is underfunded
        and needs significant changes to remain viable in the future.

SEC. 3. PURPOSES.

    The purpose of this Act is to establish a sustainable, cost-
effective way to ensure that the inland and intracoastal waterways of
the United States remain economically viable through--
            (1) the redesign of the program and project management
        process applicable to the construction and major rehabilitation
        of navigation projects on those waterways;
            (2) the continued development and improvement of inland
        waterways navigation systems;
            (3) enhanced efficiency of inland waterways navigation
        project completion schedules; and
            (4) inland waterways navigation capital investments to
        ensure that projects can be completed in a reasonable timeframe
        and to allow maximum systemwide benefits.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) Inland and intracoastal waterways.--The term ``inland
        and intracoastal waterways'' means the inland and intracoastal
        waterways of the United States described in section 206 of the
        Inland Waterways Revenue Act of 1978 (33 U.S.C. 1804).
            (2) Inland waterway users board.--The term ``Inland
        Waterway Users Board'' means the Inland Waterway Users Board
        established by section 302 of the Water Resources Development
        Act of 1986 (33 U.S.C. 2251).
            (3) Major rehabilitation project.--The term ``major
        rehabilitation project'' means a project for the restoration of
        a major project or major project feature of the inland and
        intracoastal waterways that has an estimated cost greater than
        $50,000,000.
            (4) Qualifying project.--The term ``qualifying project''
        means any construction or major rehabilitation project for
        navigation infrastructure of the inland and intracoastal
        waterways that is--
                    (A) authorized before, on, or after the date of
                enactment of this Act;
                    (B) not completed as of the date of enactment of
                this Act; and
                    (C) funded at least in part from the Inland
                Waterways Trust Fund established by section 9506 of the
                Internal Revenue Code of 1986.
            (5) Secretary.--The term ``Secretary'' means the Secretary
        of the Army, acting through the Chief of Engineers.

SEC. 5. PROJECT DELIVERY PROCESS REFORMS.

    (a) In General.--The Secretary shall promulgate regulations that,
at a minimum, shall require for each qualifying project--
            (1) a cost estimation that is risk-based and has a
        confidence level of not less than 80 percent;
            (2) an independent external peer review and submission to
        Congress (in the case of a feasibility report) or the Secretary
        (in the case of a rehabilitation evaluation report) for any
        qualifying project--
                    (A) that--
                            (i) has an estimated total project cost
                        greater than $45,000,000;
                            (ii) is subject to public safety concerns,
                        as determined by the Secretary;
                            (iii) involves a high level of complexity
                        or novel or precedent-setting approaches, as
                        determined by the Secretary; or
                            (iv) is identified by the Secretary as a
                        matter of significant interagency interest; or
                    (B) for which a review has been requested by the
                Governor of any State affected by the project;
            (3) the appointment to a project development team for the
        qualifying project of a member of the Inland Waterways Users
        Board, as selected by a majority of the Inland Waterways Users
        Board;
            (4) a quarterly update submitted to the Inland Waterways
        Users Board of the status of a qualifying project that is under
        construction;
            (5) the inclusion of the Chairman of the Inland Waterways
        Users Board and the project development team appointee under
        paragraph (3) as signatories of the project management plan for
        a qualifying project;
            (6) the establishment of a system to identify and apply on
        a continuing basis lessons learned from prior or ongoing
        projects so as to improve the likelihood of on-time and on-
        budget completion of qualifying projects;
            (7) the evaluation, including through the use of 1 or more
        pilot projects, of early contractor involvement acquisition
        procedures to improve on-time and on-budget project delivery
        performance; and
            (8) any additional measures that the Secretary determines
        will achieve the purposes of this Act, including, as determined
        appropriate by the Secretary--
                    (A) the implementation of applicable practices and
                procedures drawn from the management of the military
                construction program by the Secretary;
                    (B) the development and use of a portfolio of
                standard designs for inland navigation locks;
                    (C) the use of full-funding contracts or the
                formulation of a revised continuing contracts
                provision; and
                    (D) the establishment of procedures for
                recommending new project construction starts using a
                capital projects business model.
    (b) Report Requirement.--
            (1) In general.--For each fiscal year, the Secretary shall
        submit to Congress a report that describes each project, if
        any, that receives more than 50 percent of the total amount of
        funds made available in that fiscal year under the Inland
        Waterways Trust Fund established by section 9506 of the
        Internal Revenue Code of 1986.
            (2) Requirement.--For each project described in paragraph
        (1) that exceeds the estimated cost of carrying out that
        project for 3 or more consecutive years, the Secretary shall
        include in the report submitted under that paragraph
        alternative financing plans for the project.

SEC. 6. 20-YEAR CAPITAL INVESTMENT PROGRAM.

    (a) Program Required.--
            (1) In general.--Not later than 1 year after the date of
        enactment of this Act, the Secretary, in conjunction with the
        Inland Waterways Users Board, shall submit to Congress a 20-
        year program for making capital investments on the inland and
        intracoastal waterways, which shall include plans to update
        communications technology and be based on the application of
        objective national project-selection prioritization criteria,
        as developed by the Secretary.
            (2) Contents.--The 20-year program described in paragraph
        (1) may be based on the 20-year capital investment strategy
        contained in the Inland Marine Transportation System Capital
        Projects Business Model, Final Report published on April 13,
        2010, as approved by the Inland Waterways Users Board.
    (b) Annual Review and Update.--
            (1) In general.--Beginning not later than 1 year after the
        date on which a 20-year program is submitted to Congress under
        subsection (a), and each year thereafter, the Secretary, in
        conjunction with the Inland Waterways Users Board, shall submit
        to Congress an updated 20-year program.
            (2) Contents.--The updated program described in paragraph
        (1) shall include an identification and explanation of any
        changes that were made to the project-specific recommendations
        included in the previous 20-year program, including any changes
        that were made to the objective national project-selection
        prioritization criteria used to develop the updated
        recommendations.
    (c) Strategic Review and Update.--
            (1) In general.--Not later than 5 years after the date of
        enactment of this Act, and every 5 years thereafter, the
        Secretary, in conjunction with the Inland Waterways Users
        Board, shall submit to Congress a strategic review of the
        capital investment program for the Inland Marine Transportation
        System, including any revisions to the program that the
        Secretary and the Users Board jointly consider to be
        appropriate.
            (2) Inclusions.--The review described in paragraph (1)
        shall include an analysis of the communications technology in
        use on the inland and intracoastal waterways system and a
        description of any plans to modernize that technology to
        increase safety and maximize efficiency.

SEC. 7. LIMITATION ON EXPENDITURES FROM THE INLAND WATERWAYS TRUST
              FUND.

    Section 9506 of the Internal Revenue Code of 1986 is amended--
            (1) in subsection (c)(1), by--
                    (A) inserting ``and subject to subsection (d),''
                after ``Except as provided in paragraph (2),''; and
                    (B) inserting before the period at the end ``,
                provided that such expenditures may not exceed 50
                percent of the total cost of the construction or
                rehabilitation''; and
            (2) by inserting at the end the following:
    ``(d) Limitation on Expenditures From Trust Fund.--
            ``(1) In general.--Amounts in the Inland Waterways Trust
        Fund shall not be available for expenditures for--
                    ``(A) construction or rehabilitation of dams, or
                    ``(B) any rehabilitation expenditure that does not
                equal or exceed $50,000,000.
            ``(2) Restriction on total cost.--Amounts in the Inland
        Waterways Trust Fund shall not be used to pay for any part of
        the cost to construct an authorized Federal project that
        exceeds the sum of--
                    ``(A) the amount equal to--
                            ``(i) the total authorized cost to
                        construct the Federal project as specified in
                        the Public Law that authorized construction of
                        the project or, in the case of a rehabilitation
                        project, in the relevant rehabilitation
                        evaluation report, multiplied by
                            ``(ii) the cost-of-living adjustment
                        determined under section 1(f)(3) for the year
                        in which construction or rehabilitation under
                        the project begins (determined by substituting
                        the year that precedes the calendar year in
                        which such project was authorized for `1992' in
                        subparagraph (B) of such section), and
                    ``(B) any additional amount that is jointly agreed
                to by the Secretary and the Inland Waterways Users
                Board as appropriate to the project.''.

SEC. 8. REVISION TO INLAND WATERWAYS USER FEE.

    Section 4042(b)(2)(A) of the Internal Revenue Code of 1986 is
amended to read as follows:
                    ``(A) The Inland Waterways Trust Fund financing
                rate is the rate determined in accordance with the
                following table:

                                                            The tax per
``If the use occurs:                                         gallon is:
        During 2013........................................   20 cents
        After 2013......................................... 29 cents''.

Summary: Reinvesting In Vital Economic Rivers and Waterways Act of 2013 or RIVER Act - Directs the Secretary of the Army, acting through the Chief of Engineers, to promulgate regulations that, at a minimum, require certain delivery process criteria for qualifying construction and major rehabilitation projects for navigation infrastructure of inland and intracoastal waterways. Directs the Secretary, in conjunction with the Inland Waterways Users Board, to submit to Congress a 20-year program for making capital investments on inland and intracoastal waterways. Allows such program to be based on the 20-year capital investment strategy contained in the Inland Marine Transportation System Capital Projects Business Model, Final Report published on April 13, 2010, as approved by the Board. Amends the Internal Revenue Code to limit expenditures from the Inland Waterways Trust Fund to 50 of the total cost of the construction or rehabilitation project. Makes Fund amounts unavailable for: (1) construction or rehabilitation of dams, or (2) rehabilitation expenditures that do not equal or exceed $50 million. Increases the Inland Waterways Trust Fund financing rate from 20 cents to 29 cents after 2013.


SECTION 1. COMMUNICATION SITE USE FEES.

    (a) Fees.--Notwithstanding any other provision of law, the
Secretary of the Interior and the Secretary of Agriculture (hereinafter
referred to as the ``Secretaries''), shall assess and collect charges
for utilization of radio and television communications sites located on
Federal lands administered by the Forest Service or the Bureau of Land
Management at such rates as the Forest Service and the Bureau of Land
Management shall establish or at such modified rates as are established
pursuant to the provisions of subsection (b) of this section.
    (b) Adjustments.--(1) The Schedule of Charges established under
this section shall be reviewed by the Forest Service and the Bureau of
Land Management on an annual basis, and shall be adjusted by the Forest
Service and the Bureau of Land Management to reflect changes in the
Consumer Price Index. Increases or decreases in charges shall apply to
all categories of charges, but any increase or decrease shall not total
less than 3 percent or more than 5 percent of the charge assessed to
the user in the preceding year. The Bureau of Land Management and the
Forest Service shall transmit to the Congress notification of any such
adjustment not later than 60 days before the effective date of such
adjustment.
    (2) Under the Schedule of Changes established under the section, if
any radio or television communications site user is to be charged an
amount that is greater than $1,000 more than the amount such site user
pays to the Bureau of Land Management or the Forest Service as of
January 1, 1993, then during the first year in which the Schedule of
Charges is in effect, such site user shall pay an amount equal to the
amount it paid to the Bureau of Land Management of the Forest Service
as of January 1, 1993, plus $1,000. Each year thereafter, such site
user shall pay the full amount under the Schedule of Charges, as
modified pursuant to the subsection.
    (3) Under the Schedule of Charges established under this section,
if any radio or television communications site user is to be charged an
amount that is less than the amount such site user paid to the Bureau
of Land Management or the Forest Service as of January 1, 1993, then
such site user shall continue to pay the higher amount until such time
as the charge to the site user in the Schedule of Charges equals or
exceeds that amount, as modified pursuant to this subsection.
    (c) Additional Users.--(1) If the radio or television
communications site user is permitted under the terms of its site use
authorization from the Bureau of Land Management or the Forest Service
to grant access to the site to additional users, then the radio or
television communications site user shall pay annually to the Bureau of
Land Management or the Forest Service an amount equal to 25 percent of
the gross income it receives from each such additional user during that
year.
    (2) Authorizations to radio and television communications site
users shall require such site users to provide the Bureau of Land
Management or the Forest Service with a certified list which identifies
all additional users of such sites and all gross revenues received from
such additional users. The Bureau of Land Management and the Forest
Service shall not require any additional user of a radio or television
communications site to obtain a separate authorization to use such a
site.
    (d) Administrative Provisions.--(1) The Secretaries shall prescribe
appropriate rules and regulations to carry out the provisions of this
section.
    (2) Ten years after the date of enactment of this section, the
Secretaries shall establish a broad-based advisory group, including
representatives from the radio and television broadcast industry, to
review the Schedule of Charges and other acceptable criteria for
determining fair market value for radio and television communications
site uses. The advisory group shall report its findings to the Congress
no later than 1 year after it is established.
    (e) Existing Charges.--(1) Until modified pursuant to subsection
(b) of this section, the Schedule of Charges for television
communications site users which the Secretaries shall prescribe
pursuant to subsection (a) of this section shall be as listed in
exhibit 3 (television rental fee schedule) in the report of the radio
and television broadcast use fee advisory committee dated December
1992.
    (2) Until modified pursuant to subsection (b) of this section, the
Schedule of Charges for radio communications site users which the
Secretaries shall prescribe pursuant to subsection (a) of this section
shall be as listed in exhibit 4, radio rental fee schedule in the
report of the radio and television broadcast use fee advisory committee
dated December 1992.

SEC. 2. NONBROADCAST COMMUNICATION SITE ADVISORY BOARD.

    (a) Establishment.--The Secretaries of the Interior and Agriculture
are directed to jointly establish a broad-based advisory group
comprised of representatives from the nonbroadcast communications
industry (users of both private and public communication sites) and the
2 agencies to review recommendations on acceptable criteria for
determining fair market values and next best alternative use.
    (b) Review.--The advisory group shall review the methodology used
in any previous studies and reach concurrence on such methodology.
    (c) Assessments.--The advisory group shall also assess the validity
of the results of such studies, taking into account all reasonable
options for the establishment of fair market values and next best
alternative use.
    (d) Report.--The advisory group shall report its findings to the
Committee on Energy and Natural Resources of the Senate and the
Committee on Natural Resources of the House of Representatives within 1
year after the enactment of this Act.

Summary: Directs the Secretaries of the Interior and Agriculture to assess and collect charges for utilization of radio and television communications sites located on Federal lands administered by the Forest Service or Bureau of Land Management. Requires the Forest Service and Bureau to annually review and adjust such charges to reflect changes in the Consumer Price Index, with limitations. Requires any site user to pay an additional amount for granting access to the site to additional users and to provide a certified list of such additional users. Directs the Secretaries to jointly establish a broad-based advisory group of representatives from the nonbroadcast communications industry and the two agencies to review and report to specified congressional committees on recommendations on acceptable criteria for determining fair market values for communications site use and next best alternative use.

To establish fees for communication sites on public lands.


.--
            (1) Definition.--For purposes of this section, a joint
        resolution means a resolution introduced by any Member of
        Congress after the date the notification described in section 3
        is received, the resolving clause of which contains only the
        following: ``That Congress does not agree with the
        justification contained in the notification submitted by the
        President pursuant to the China Nonproliferation Act on
        ______________ and that the President shall exercise the
        mandatory measures under section 4 of the Act and one or all of
        the tier ____ measures under that Act.''; with the first blank
        space being filled with the appropriate date and the second
        blank space being filled with the appropriate tier.
            (2) Referral to committee.--
                    (A) Senate.--A joint resolution introduced in the
                Senate shall be referred to the Committee on Foreign
                Relations of the Senate.
                    (B) House of representatives.--A joint resolution
                introduced in the House of Representatives shall be
                referred to the Committee on International Relations of
                the House of Representatives.
                    (C) Reporting.--A joint resolution may not be
                reported before the 8th day after the date on which the
                joint resolution is introduced.
            (3) Discharge of committee.--If the committee to which a
        joint resolution is referred in either House has not reported
        the joint resolution (or an identical joint resolution) at the
        end of 15 calendar days during which that House is in
session after the date on which the joint resolution is introduced--
                    (A) the committee shall be deemed to be discharged
                from further consideration of the joint resolution; and
                    (B) the joint resolution shall be placed on the
                appropriate calendar of that House.
            (4) Floor consideration.--
                    (A) In general.--
                            (i) Motion to proceed to consideration.--
                        When the committee to which a joint resolution
                        is referred in either House has reported, or
                        has been deemed to be discharged (under
                        paragraph (3)) from further consideration of, a
                        joint resolution--
                                    (I) it is at any time thereafter in
                                order (even though a previous motion to
                                the same effect has been disagreed to)
                                for any Member of that House to move to
                                proceed to the consideration of the
                                joint resolution; and
                                    (II) all points of order against
                                the joint resolution (and against
                                consideration of the joint resolution)
                                are waived.
                            (ii) Treatment of motion.--A motion under
                        clause (i)--
                                    (I) is privileged in the Senate and
                                is highly privileged in the House of
                                Representatives;
                                    (II) is not debatable; and
                                    (III) is not subject to amendment,
                                a motion to postpone, or a motion to
                                proceed to the consideration of other
                                business.
                            (iii) No motion to reconsider.--A motion to
                        reconsider the vote by which a motion under
                        clause (i) is agreed to or disagreed to shall
                        not be in order.
                            (iv) Agreement to motion.--If a motion
                        under clause (i) is agreed to, the joint
                        resolution shall remain the unfinished business
                        of the House until the House disposes of the
                        joint resolution.
                    (B) Debate.--
                            (i) Time.--Debate on a joint resolution,
                        and on all debatable motions and appeals in
                        connection with consideration of a joint
                        resolution, shall be limited to not more than
                        10 hours, which shall be divided equally
                        between those favoring and those opposing the
                        joint resolution. A motion further to limit
                        debate is in order and not debatable.
                            (ii) Amendments and motions out of order.--
                        An amendment to a joint resolution, a motion to
                        postpone, to proceed to the consideration of
                        other business, or to recommit such a joint
                        resolution, or a motion to reconsider the vote
                        by which such a joint resolution is agreed to
                        or disagreed to is not in order.
                    (C) Vote on final passage.--A vote on final passage
                of the joint resolution shall be taken in each House on
                or before the close of the 15th calendar day during
                which that House is in session after the resolution is
                reported by the committee of that House to which it was
                referred, or after the committee has been discharged
                from further consideration of the resolution.
                    (D) Rulings of the chair of procedure.--Appeals
                from the decisions of the Chair relating to the
                application of the rules of either House to the
                procedure relating to a joint resolution shall be
                decided without debate.
            (5) Coordination with action by other house.--
                    (A) In general.--If, before the passage by 1 House
                of a joint resolution of that House, that House
                receives from the other House a joint resolution, the
                procedures stated in this paragraph shall apply.
                    (B) No referral.--The joint resolution of the other
                House shall not be referred to a committee.
                    (C) Procedure.--With respect to a joint resolution
                of the House receiving the joint resolution--
                            (i) the procedure in that House shall be
                        the same as if no joint resolution had been
                        received from the other House; but
                            (ii) the vote on final passage shall be on
                        the joint resolution of the other House.
            (6) Rules of the senate and the house of representatives.--
        This subsection is enacted by Congress--
                    (A) as an exercise of the rulemaking power of the
                Senate and the House of Representatives, respectively;
                and
                            (i) is deemed a part of the rules of each
                        House, respectively, but applicable only with
                        respect to the procedure to be followed in that
                        House in the case of a joint resolution; and
                            (ii) supersedes other rules only to the
                        extent that the subsection is inconsistent with
                        those rules; and
                    (B) with full recognition of the constitutional
                right of either House to change the rules (so far as
                the rules relate to the procedure of that House) at any
                time, in the same manner and to the same extent as in
                the case of any other rule of that House.

SEC. 7. DETERMINATION EXEMPTING PERSON OR THE PEOPLE'S REPUBLIC OF
              CHINA FROM SECTIONS 4 AND 5.

    (a) In General.--Sections 4 and 5 shall not apply to a person or to
the People's Republic of China 15 days after the President reports to
the Committee on International Relations of the House of
Representatives, the Committee on Foreign Relations of the Senate, the
Committee on Armed Services of the Senate, the Select Committee on
Intelligence of the Senate, and the Committee on Governmental Affairs
of the Senate, that the President has determined, on the basis of
information provided by that person, or otherwise obtained by the
President, that--
            (1) the person did not, on or after January 1, 2000,
        knowingly transfer to or export from the People's Republic of
        China the goods, services, or technology the apparent transfer
        or export of which caused that person to be identified in a
        report submitted pursuant to section 3(a);
            (2) the person is subject to the primary jurisdiction of a
        government that is an adherent to one or more relevant
        nonproliferation regimes, the person was identified in a report
        submitted pursuant to section 3(a) with respect to a transfer
        of goods, services, or technology described in section 3(a)(1),
        and such transfer was made consistent with the guidelines and
        parameters of all such relevant regimes of which such
        government is an adherent; or
            (3) it is important to the national security of the United
        States not to apply the provisions of section 4 or 5.
    (b) Opportunity To Provide Information.--Congress urges the
President--
            (1) in every appropriate case, to contact in a timely
        fashion each person identified in each report submitted
        pursuant to section 3(a), or the government with primary
        jurisdiction over such person, in order to afford such person
        or government, the opportunity to provide explanatory,
        exculpatory, or other additional information with respect to
        the transfer that caused such person to be identified in a
        report submitted pursuant to section 3(a); and
            (2) to exercise the authority in subsection (a) in all
        cases where information obtained from a foreign person
        identified in a report submitted pursuant to section 3(a), or
        from the government with primary jurisdiction over such person,
        establishes that the exercise of such authority is warranted.
    (c) Submission in Classified Form.--The determination and report of
the President under subsection (a) should be submitted in unclassified
form, with classified annexes as necessary.

SEC. 8. NOTIFICATION TO SECURITIES COMMISSION OF INCLUSION IN REPORT.

    (a) Definitions.--In this section, the following definitions shall
apply:
            (1) Commission.--The term ``Commission'' means the
        Securities and Exchange Commission.
            (2) Registered national securities association.--The term
        ``registered national securities association'' means an
        association registered under section 15A(b) of the Securities
        Exchange Act of 1934 (15 U.S.C. 78o-3(b)).
            (3) Registered national securities exchange.--The term
        ``registered national securities exchange'' means a national
        securities exchange registered under 6 of the Securities
        Exchange Act of 1934 (15 U.S.C. 78f).
            (4) Registration statement.--The term ``registration
        statement'' has the same meaning as in section 2 of the
        Securities Act of 1933 (15 U.S.C. 77b).
            (5) Securities laws.--The terms ``securities laws'' and
        ``security'' have the same meanings as in section 3 of the
        Securities Exchange Act of 1934 (15 U.S.C. 78c).
    (b) Notification to the Commission.--Each report prepared by the
President under section 3 shall be transmitted to the Commission at the
times specified in section 3(b).
    (c) Regulations.--Not later than 6 months after the date of
enactment of this Act, the Commission shall promulgate regulations--
            (1) to ensure that securities investors are notified of the
        identity of any person included in a report prepared by the
        President under section 3, the securities of which are listed,
        or authorized for listing, on a registered national securities
        exchange (or tier or segment thereof) or by a registered
        national securities association; and
            (2) to require each person included in a report of the
        President under section 3 to provide notice of such inclusion
        in each written report, statement, or other filing or notice
        required from that person under the securities laws,
        including--
                    (A) any registration statement;
                    (B) any annual or quarterly report, statement, or
                other filing or notice;
                    (C) any proxy, consent, authorization, information
                statement, or other notice required to be sent to
                shareholders with respect to any security registered
                pursuant to the securities laws;
                    (D) any report, statement, or other filing or
                notice required in connection with an initial public
                offering; and
                    (E) any report, statement, or other filing required
                in connection with a merger, acquisition, tender offer,
                or similar transaction.

Summary: Requires the President to include in the report information: (1) on any action taken by a person identified in a prior annual report that establishes that the person has discontinued, rectified, or mitigated a prior proliferation activity identified under this Act. (2) on measures taken against such persons or against China in response to proliferation activities. And (3) other specified information. Requires submission of such reports in unclassified form, with classified annexes as necessary. Directs the President to apply certain measures for at least 12 months to each person identified in the annual report. Includes among such measures: (1) those set forth Executive Order No. 12938. (2) prohibition of US Government transfers or sales to such person of any item on the US Munitions List, and termination of all sales and after-sale servicing to such person of any defense articles, defense services, or design and construction services under the Arms Export Control Act. (3) denial of licenses, suspension of existing licenses, and termination of all transfers or sales and after-sale servicing for the transfer to such person of any item the export of which is controlled under the Export Administration Act of 1979 or the Export Administration regulations. (4) prohibition of US Government procurement of any goods or services from such person. (5) prohibition of US assistance to such person in the form of grants, loans, credits, guarantees, or otherwise. (6) immediate suspension of any agreements or efforts for the co-development or co-production with such person of any item on the US Munitions List. Sets conditions for the lifting of such measures. Requires the President to apply additional specified tier 1, tier 2, and tier 3 measures against China if certain circumstances exist. Requires one or more tier 2 measures if a person's proliferation activities are not rectified, or a person has engaged in additional proliferation activities, one year after imposition of section (4) measures, and one or more tier 3 measures if similar circumstances exist two years after imposition of section (4) measures. Sets forth procedures for congressional review of any presidential decision not to impose sanctions under this Act, or to exempt a person or China from such sanctions. Mandates imposition of such sanctions if Congress disapproves by joint resolution the President's decision. Requires transmittal to the Securities and Exchange Commission (SEC) of the President's annual report under this Act. Requires the SEC to promulgate regulations to: (1) ensure that securities investors are notified of the identity of any person in the report the securities of which are listed, or authorized for listing, on a registered national securities exchange or by a registered national securities association. And (2) require each person included in such a report to provide notice of such inclusion in each written report, registration statement, or other filing or notice required from that person under the securities laws.

China Nonproliferation Act


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Dismemberment Abortion Ban Act of
2015''.

SEC. 2. DISMEMBERMENT ABORTION BAN.

    (a) In General.--Chapter 74 of title 18, United States Code, is
amended by inserting after section 1531 the following:
``Sec. 1532. Dismemberment abortion ban
    ``(a) Dismemberment Abortion Prohibited.--Any physician who, in or
affecting interstate or foreign commerce, knowingly performs a
dismemberment abortion and thereby kills an unborn child shall be fined
under this title or imprisoned not more than 2 years, or both. This
subsection does not apply to a dismemberment abortion that is necessary
to save the life of a mother whose life is endangered by a physical
disorder, physical illness, or physical injury, including a life-
endangering physical condition caused by or arising from the pregnancy
itself.
    ``(b) Rule of Construction.--Nothing in this section shall be
construed to limit abortions performed for any reason, including when
the pregnancy is a result of rape or incest, if performed by a method
other than dismemberment abortion.
    ``(c) Civil Remedies.--
            ``(1) Civil action by a woman on whom an abortion is
        performed.--A woman upon whom an abortion has been performed in
        violation of any provision of this section may, in a civil
        action against any person who committed the violation, obtain
        appropriate relief.
            ``(2) Civil action by a parent of a minor on whom an
        abortion is performed.--A parent of a minor upon whom an
        abortion has been performed in violation of any provision of
        this section may, in a civil action against any person who
        committed the violation obtain appropriate relief, unless the
        pregnancy resulted from the plaintiff's criminal conduct.
            ``(3) Appropriate relief.--Appropriate relief in a civil
        action under this subsection includes--
                    ``(A) objectively verifiable money damages for all
                injuries, psychological and physical, occasioned by the
                violation;
                    ``(B) statutory damages equal to three times the
                cost of the abortion; and
                    ``(C) punitive damages.
            ``(4) Attorneys fees for plaintiff.--The court shall award
        a reasonable attorney's fee as part of the costs to a
        prevailing plaintiff in a civil action under this subsection.
            ``(5) Attorneys fees for defendant.--If a defendant in a
        civil action under this subsection prevails and the court finds
        that the plaintiff's suit was frivolous, the court shall award
        a reasonable attorney's fee in favor of the defendant against
        the plaintiff.
            ``(6) Awards against woman.--Except under paragraph (5), in
        a civil action under this subsection, no damages, attorney's
        fee or other monetary relief may be assessed against the woman
        upon whom the abortion was performed or attempted.
    ``(d) Immunity From Prosecution for Woman Upon Whom a Dismemberment
Abortion Is Performed.--A woman upon whom a dismemberment abortion is
performed may not be prosecuted under this section, for a conspiracy to
violate this section, or for an offense under section 2, 3, or 4 of
this title based on a violation of this section.
    ``(e) Definitions.--In this section--
            ``(1) Abortion.--The term `abortion' means the use or
        prescription of any instrument, medicine, drug, or any other
        substance or device--
                    ``(A) to intentionally kill the unborn child of a
                woman known to be pregnant; or
                    ``(B) to intentionally terminate the pregnancy of a
                woman known to be pregnant, with an intention other
                than--
                            ``(i) after viability to produce a live
                        birth and preserve the life and health of the
                        child born alive; or
                            ``(ii) to remove a dead unborn child.
            ``(2) Dismemberment abortion.--The term `dismemberment
        abortion'--
                    ``(A) means, with the purpose of causing the death
                of an unborn child, knowingly dismembering a living
                unborn child and extracting such unborn child one piece
                at a time or intact but crushed from the uterus through
                the use of clamps, grasping forceps, tongs, scissors or
                similar instruments that, through the convergence of
                two rigid levers, slice, crush or grasp a portion of
                the unborn child's body in order to cut or rip it off
                or crush it; but
                    ``(B) does not include an abortion which uses
                suction to dismember the body of the unborn child by
                sucking fetal parts into a collection container unless
                the actions described in subparagraph (A) are used to
                cause the death of an unborn child but suction is
                subsequently used to extract fetal parts after the
                death of the unborn child.
            ``(3) Minor.--The term `minor' means an individual who has
        not attained the age of 18 years.
            ``(4) Physician.--The term `physician' means a doctor of
        medicine or osteopathy legally authorized to practice medicine
        and surgery by the State in which the doctor performs such
        activity, or any other individual legally authorized by the
        State to perform abortions: Provided, however, That any
        individual who is not a physician or not otherwise legally
        authorized by the State to perform abortions, but who
        nevertheless directly performs an abortion prohibited in this
        section shall be subject to the provisions of this section.
            ``(5) Unborn child.--The term `unborn child' means an
        individual organism of the species homo sapiens, beginning at
        fertilization, until the point of being born alive as defined
        in section 8(b) of title 1.''.
    (b) Clerical Amendment.--The table of sections at the beginning of
chapter 74 of title 18, United States Code, is amended by adding at the
end the following new item:

``1532. Dismemberment abortion ban.''.
    (c) Chapter Heading Amendments.--
            (1) Chapter heading in chapter.--The chapter heading for
        chapter 74 of title 18, United States Code, is amended by
        striking ``PARTIAL-BIRTH ABORTIONS'' and inserting
        ``ABORTIONS''.
            (2) Table of chapters for part i.--The item relating to
        chapter 74 in the table of chapters at the beginning of part I
        of title 18, United States Code, is amended by striking
        ``Partial-birth abortions'' and inserting ``Abortions''.

Summary: Dismemberment Abortion Ban Act of 2015 This bill amends the federal criminal code to prohibit a physician from knowingly performing a dismemberment abortion. It provides a definition of the term quot, dismemberment abortion. quot. A physician who performs a dismemberment abortion is subject to a criminal fine, up to two years in prison, or both, unless the dismemberment abortion was necessary to save the mother's life. A woman or a parent of a minor who undergoes a dismemberment abortion may file a civil action for damages against an individual who violates this bill. The legislation bars the criminal prosecution of a woman who undergoes a dismemberment abortion for conspiracy to violate the provisions of this bill, for being a principal or an accessory after the fact, or for concealment of felony.

Dismemberment Abortion Ban Act of 2015