SECTION 1. RECOGNITION AS CORPORATION AND GRANT OF FEDERAL CHARTER.

    The Black Veterans of America, a nonprofit corporation organized
under the laws of the State of Minnesota, is hereby recognized as such
and is granted a Federal charter.

SEC. 2. POWERS.

    The Black Veterans of America (hereinafter in this Act referred to
as the ``corporation'') shall have only those powers granted to it
through its bylaws and articles of incorporation filed in the State in
which it is incorporated and subject to the laws of such State.

SEC. 3. OBJECTS AND PURPOSES.

    The objects and purposes of the corporation are those provided in
its bylaws and articles of incorporation and shall include the
following:
            (1) Recognizing the contribution to the United States
        throughout its history made by black Americans in military
        service.
            (2) Ensuring that all veterans, and particularly black
        veterans, receive all benefits accorded them under law.
            (3) Serving as an information clearinghouse for all
        veterans' benefits, including education, housing, job training,
        disability, health care, and burial benefits.
            (4) Providing outreach and referral to community services
        for veterans and their families.
            (5) Providing a forum for discussion of veterans' issues
        and concerns.

SEC. 4. SERVICE OF PROCESS.

    With respect to service of process, the corporation shall comply
with the laws of the State in which it is incorporated and those States
in which it carries on its activities in furtherance of its corporate
purposes.

SEC. 5. MEMBERSHIP.

    Except as provided in section 8, eligibility for membership in the
corporation and the rights and privileges of members of the corporation
shall be as provided in the articles of incorporation and bylaws of the
corporation.

SEC. 6. BOARD OF DIRECTORS.

    Except as provided in section 8, the composition of the board of
directors of the corporation and the responsibilities of such board
shall be as provided in the articles of incorporation of the
corporation and in conformity with the laws of the State in which it is
incorporated.

SEC. 7. OFFICERS OF CORPORATION.

    Except as provided in section 8, the positions of officers of the
corporation and the election of members to such positions shall be as
provided in the articles of incorporation of the corporation and in
conformity with the laws of the State in which it is incorporated.

SEC. 8. PROHIBITION AGAINST DISCRIMINATION.

    In establishing the conditions of membership in the corporation and
in determining the requirements for serving on the board of directors
or as an officer of the corporation, the corporation may not
discriminate on the basis of race, color, religion, sex, handicap, age,
or national origin.

SEC. 9. RESTRICTIONS.

    (a) Income and Compensation.--No part of the income or assets of
the corporation may inure to the benefit of any member, officer, or
director of the corporation or be distributed to any such individual
during the life of this charter. Nothing in this subsection shall be
construed to prevent the payment of reasonable compensation to the
officers of the corporation or reimbursement for actual necessary
expenses in amounts approved by the board of directors.
    (b) Loans.--The corporation may not make any loan to any officer,
director, or employee of the corporation.
    (c) Stock.--The corporation shall have no power to issue any shares
of stock or to declare or pay any dividends.
    (d) Claim of Congressional Approval or Authorization.--The
corporation shall not claim congressional approval or the authorization
of the Federal Government for any of its activities by virtue of this
Act.

SEC. 10. LIABILITY FOR ACTS OF OFFICERS AND AGENTS.

    The corporation shall be liable for the acts of its officers and
agents whenever such officers and agents have acted within the scope of
their authority.

SEC. 11. BOOKS AND RECORDS.

    The corporation shall keep correct and complete books and records
of account and minutes of any proceeding of the corporation involving
any of its members, the board of directors, or any committee having
authority under the board of directors. The corporation shall keep, at
its principal office, a record of the names and addresses of all
members having the right to vote in any proceeding of the corporation.
All books and records of such corporation may be inspected by any
member having the right to vote in any corporation proceeding, or by
any agent or attorney of such member, for any proper purpose at any
reasonable time. Nothing in this section shall be construed to
contravene any applicable State law.

SEC. 12. AUDIT OF FINANCIAL TRANSACTIONS.

    The first section of the Act entitled ``An Act to provide for audit
of accounts of private corporations established under Federal law'',
approved August 30, 1964 (36 U.S.C. 1101), is amended by adding at the
end the following:
            ``(77) The Black Veterans of America.''.

SEC. 13. ANNUAL REPORT.

    The corporation shall report annually to the Congress concerning
the activities of the corporation during the preceding fiscal year.
Such annual report shall be submitted at the same time as the report of
the audit required by section 2 of the Act referred to in section 12.
The report shall not be printed as a public document.

SEC. 14. RESERVATION OF RIGHT TO ALTER, AMEND, OR REPEAL CHARTER.

    The right to alter, amend, or repeal this Act is expressly reserved
to the Congress.

SEC. 15. ``STATE'' DEFINED.

    For purposes of this Act, the term ``State'' includes the District
of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the
Northern Mariana Islands, and the territories and possessions of the
United States.

SEC. 16. TAX-EXEMPT STATUS.

    The corporation shall maintain its status as an organization exempt
from taxation as provided in the Internal Revenue Code of 1986.

SEC. 17. TERMINATION FOR FAILURE TO COMPLY WITH RESTRICTIONS OR
              PROHIBITIONS.

    If the corporation shall fail to comply with any of the
restrictions or provisions of this Act, the charter granted by this Act
shall expire.

Summary: Grants a Federal charter to Black Veterans of America .

To recognize the organization known as the Black Veterans of America.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Water Infrastructure Resiliency and
Sustainability Act of 2011''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the
        Administrator of the Environmental Protection Agency.
            (2) Hydrologic condition.--The term ``hydrologic
        condition'' means the quality, quantity, or reliability of the
        water resources of a region of the United States.
            (3) Owner or operator of a water system.--
                    (A) In general.--The term ``owner or operator of a
                water system'' means an entity (including a regional,
                State, tribal, local, municipal, or private entity)
                that owns or operates a water system.
                    (B) Inclusions.--The term ``owner or operator of a
                water system'' includes--
                            (i) a non-Federal entity that has
                        operational responsibilities for a federally,
                        tribally, or State-owned water system; and
                            (ii) an entity established by an agreement
                        between--
                                    (I) an entity that owns or operates
                                a water system; and
                                    (II) at least 1 other entity.
            (4) Water system.--The term ``water system'' means--
                    (A) a community water system (as defined in section
                1401 of the Safe Drinking Water Act (42 U.S.C. 300f));
                    (B) a treatment works (as defined in section 212 of
                the Federal Water Pollution Control Act (33 U.S.C.
                1292)), including a municipal separate storm sewer
                system (as such term is used in that Act (33 U.S.C.
                1251 et seq.));
                    (C) a decentralized wastewater treatment system for
                domestic sewage;
                    (D) a groundwater storage and replenishment system;
                    (E) a system for transport and delivery of water
                for irrigation or conservation; or
                    (F) a natural or engineered system that manages
                floodwater.

SEC. 3. WATER INFRASTRUCTURE RESILIENCY AND SUSTAINABILITY.

    (a) Program.--The Administrator shall establish and implement a
program, to be known as the ``Water Infrastructure Resiliency and
Sustainability Program'', under which the Administrator shall award
grants for each of fiscal years 2012 through 2016 to owners or
operators of water systems for the purpose of increasing the resiliency
or adaptability of the water systems to any ongoing or forecasted
changes (based on the best available research and data) to the
hydrologic conditions of a region of the United States.
    (b) Use of Funds.--As a condition on receipt of a grant under this
Act, an owner or operator of a water system shall agree to use the
grant funds exclusively to assist in the planning, design,
construction, implementation, operation, or maintenance of a program or
project that meets the purpose described in subsection (a) by--
            (1) conserving water or enhancing water use efficiency,
        including through the use of water metering and electronic
        sensing and control systems to measure the effectiveness of a
        water efficiency program;
            (2) modifying or relocating existing water system
        infrastructure made or projected to be significantly impaired
        by changing hydrologic conditions;
            (3) preserving or improving water quality, including
        through measures to manage, reduce, treat, or reuse municipal
        stormwater, wastewater, or drinking water;
            (4) investigating, designing, or constructing groundwater
        remediation, recycled water, or desalination facilities or
        systems to serve existing communities;
            (5) enhancing water management by increasing watershed
        preservation and protection, such as through the use of natural
        or engineered green infrastructure in the management,
        conveyance, or treatment of water, wastewater, or stormwater;
            (6) enhancing energy efficiency or the use and generation
        of renewable energy in the management, conveyance, or treatment
        of water, wastewater, or stormwater;
            (7) supporting the adoption and use of advanced water
        treatment, water supply management (such as reservoir
        reoperation and water banking), or water demand management
        technologies, projects, or processes (such as water reuse and
        recycling, adaptive conservation pricing, and groundwater
        banking) that maintain or increase water supply or improve
        water quality;
            (8) modifying or replacing existing systems or constructing
        new systems for existing communities or land that is being used
        for agricultural production to improve water supply,
        reliability, storage, or conveyance in a manner that--
                    (A) promotes conservation or improves the
                efficiency of use of available water supplies; and
                    (B) does not further exacerbate stresses on
                ecosystems or cause redirected impacts by degrading
                water quality or increasing net greenhouse gas
                emissions;
            (9) supporting practices and projects, such as improved
        irrigation systems, water banking and other forms of water
        transactions, groundwater recharge, stormwater capture,
        groundwater conjunctive use, and reuse or recycling of drainage
        water, to improve water quality or promote more efficient water
        use on land that is being used for agricultural production;
            (10) reducing flood damage, risk, and vulnerability by--
                    (A) restoring floodplains, wetland, and upland
                integral to flood management, protection, prevention,
                and response;
                    (B) modifying levees, floodwalls, and other
                structures through setbacks, notches, gates, removal,
                or similar means to facilitate reconnection of rivers
                to floodplains, reduce flood stage height, and reduce
                damage to properties and populations;
                    (C) providing for acquisition and easement of
                flood-prone land and properties in order to reduce
                damage to property and risk to populations; or
                    (D) promoting land use planning that prevents
                future floodplain development;
            (11) conducting and completing studies or assessments to
        project how changing hydrologic conditions may impact the
        future operations and sustainability of water systems; or
            (12) developing and implementing measures to increase the
        resilience of water systems and regional and hydrological
        basins, including the Colorado River Basin, to rapid hydrologic
        change or a natural disaster (such as tsunami, earthquake,
        flood, or volcanic eruption).
    (c) Application.--To seek a grant under this Act, the owner or
operator of a water system shall submit to the Administrator an
application that--
            (1) includes a proposal for the program, strategy, or
        infrastructure improvement to be planned, designed,
        constructed, implemented, or maintained by the water system;
            (2) provides the best available research or data that
        demonstrate--
                    (A) the risk to the water resources or
                infrastructure of the water system as a result of
                ongoing or forecasted changes to the hydrological
                system of a region, including rising sea levels and
                changes in precipitation patterns; and
                    (B) the manner in which the proposed program,
                strategy, or infrastructure improvement would perform
                under the anticipated hydrologic conditions;
            (3) describes the manner in which the proposed program,
        strategy, or infrastructure improvement is expected--
                    (A) to enhance the resiliency of the water system,
                including source water protection for community water
                systems, to the anticipated hydrologic conditions; or
                    (B) to increase efficiency in the use of energy or
                water of the water system; and
            (4) describes the manner in which the proposed program,
        strategy, or infrastructure improvement is consistent with an
        applicable State, tribal, or local climate adaptation plan, if
        any.
    (d) Priority.--
            (1) Water systems at greatest and most immediate risk.--In
        selecting grantees under this Act, subject to section 4(b), the
        Administrator shall give priority to owners or operators of
        water systems that are, based on the best available research
        and data, at the greatest and most immediate risk of facing
        significant negative impacts due to changing hydrologic
        conditions.
            (2) Goals.--In selecting among applicants described in
        paragraph (1), the Administrator shall ensure that, to the
        maximum extent practicable, the final list of applications
        funded for each year includes a substantial number that propose
        to use innovative approaches to meet 1 or more of the following
        goals:
                    (A) Promoting more efficient water use, water
                conservation, water reuse, or recycling.
                    (B) Using decentralized, low-impact development
                technologies and nonstructural approaches, including
                practices that use, enhance, or mimic the natural
                hydrological cycle or protect natural flows.
                    (C) Reducing stormwater runoff or flooding by
                protecting or enhancing natural ecosystem functions.
                    (D) Modifying, upgrading, enhancing, or replacing
                existing water system infrastructure in response to
                changing hydrologic conditions.
                    (E) Improving water quality or quantity for
                agricultural and municipal uses, including through
                salinity reduction.
                    (F) Providing multiple benefits, including to water
                supply enhancement or demand reduction, water quality
                protection or improvement, increased flood protection,
                and ecosystem protection or improvement.
    (e) Cost-Sharing Requirement.--
            (1) Federal share.--The share of the cost of any program,
        strategy, or infrastructure improvement that is the subject of
        a grant awarded by the Administrator to the owner or operator
        of a water system under subsection (a) paid through funds
        distributed under this Act shall not exceed 50 percent of the
        cost of the program, strategy, or infrastructure improvement.
            (2) Calculation of non-federal share.--In calculating the
        non-Federal share of the cost of a program, strategy, or
        infrastructure improvement proposed by a water system in an
        application submitted under subsection (c), the Administrator
        shall--
                    (A) include the value of any in-kind services that
                are integral to the completion of the program,
                strategy, or infrastructure improvement, including
                reasonable administrative and overhead costs; and
                    (B) not include any other amount that the water
                system involved receives from the Federal Government.
    (f) Report to Congress.--Not later than 3 years after the date of
enactment of this Act, and every 3 years thereafter, the Administrator
shall submit to Congress a report that--
            (1) describes the progress in implementing this Act; and
            (2) includes information on project applications received
        and funded annually under this Act.

SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated to carry
out this Act $50,000,000 for each of fiscal years 2012 through 2016.
    (b) Reduction of Flood Damage, Risk, and Vulnerability.--Of the
amount made available to carry out this Act for a fiscal year, not more
than 20 percent may be made available to grantees for activities
described in subsection (b)(10).

Summary: Water Infrastructure Resiliency and Sustainability Act of 2011 - Requires the Administrator of the Environmental Protection Agency (EPA) to: (1) establish the Water Infrastructure Resiliency and Sustainability Program to provide grants to owners or operators of water systems for programs or projects to increase the resiliency or adaptability of the systems to any ongoing or forecasted changes to the hydrologic conditions of a US region. And (2) give priority to owners or operators of water systems that are at the greatest and most immediate risk of facing significant negative impacts due to changing hydrologic conditions. Requires the Administrator to ensure that the list of grant applications funded include a substantial number that propose to use innovative approaches that: (1) promote more efficient water use, water conservation, water reuse, or recycling. (2) use decentralized, low-impact development technologies and nonstructural approaches, including practices that use, enhance, or mimic the natural hydrological cycle or protect natural flows. (3) reduce stormwater runoff or flooding by protecting or enhancing natural ecosystem functions. (4) modify, upgrade, enhance, or replace existing water system infrastructure in response to changing hydrologic conditions. (5) improve water quality or quantity for agricultural and municipal uses, including through salinity reduction. And (6) provide multiple benefits, including to water supply enhancement or demand reduction, water quality protection or improvement, increased flood protection, and ecosystem protection or improvement.

A bill to authorize the Administrator of the Environmental Protection Agency to establish a program of awarding grants to owners or operators of water systems to increase the resiliency or adaptability of the systems to any ongoing or forecasted changes to the hydrologic conditions of a region of the United States.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Making Education Affordable Act''.

SEC. 2. CREDIT-BASED ACADEMIC TRANSITION PROGRAMS.

    Part B of title VII of the Higher Education Act of 1965 (20 U.S.C.
1138 et seq.) is amended--
            (1) by redesignating section 745 as section 746;
            (2) in section 746, as redesignated by paragraph (1), by
        striking ``fiscal year 2009'' and inserting ``fiscal year
        2018''; and
            (3) by inserting after section 744 the following:

``SEC. 745. CREDIT-BASED ACADEMIC TRANSITION PROGRAMS.

    ``(a) Purpose.--The purpose of this section is to expand access for
high school students to the opportunities offered in credit-based
academic transition programs established through partnerships between
high schools and institutions of higher education utilizing dual or
concurrent enrollment programs or early college high school programs
that enable such students to earn college credits while in high school.
    ``(b) Eligible Institution.--In this section, the term `eligible
institution' means an institution of higher education that carries out
a dual or concurrent enrollment program or an early college high school
program that enables high school students to earn college credits while
in high school.
    ``(c) Grants Authorized.--The Secretary may award grants to
eligible institutions to carry out credit-based academic transition
programs described in subsection (a).
    ``(d) Application.--An eligible institution that desires to receive
a grant under this section shall submit to the Secretary an application
at such time, in such manner, and containing such information as the
Secretary may require.
    ``(e) Priority.--In awarding grants under this section, the
Secretary shall give priority to eligible institutions that serve
students from low-income families, students from rural communities, or
students who are the first in their family to receive postsecondary
education.
    ``(f) Use of Funds.--An eligible institution that receives a grant
under this section shall use the grant funds--
            ``(1) to carry out a dual or concurrent enrollment program
        or an early college high school program for high school
        students, through which such students while enrolled in high
        school are enrolled in postsecondary courses at the eligible
        institution, through which such students can earn college
        credits that can be transferred to 2-year and 4-year
        institutions of higher education in the State;
            ``(2) to provide teachers, principals, and other school
        leaders with professional development activities that enhance
        or enable the provision of postsecondary coursework through a
        dual or concurrent enrollment program or an early college high
        school program; and
            ``(3) to support activities such as--
                    ``(A) designing the curriculum and sequence of
                courses in collaboration with teachers from the local
                educational agency and faculty from the eligible
                institution;
                    ``(B) establishing a course articulation process
                for defining and approving courses for high school and
                postsecondary credit or credentials for both 2-year and
                4-year institutions of higher education in the State;
                    ``(C) outreach programs to provide elementary
                school and secondary school students, especially those
                in middle grades, and their parents, teachers, school
                counselors, and principals information about and
                academic preparation for the credit-based academic
                transition programs described in subsection (a);
                    ``(D) helping students meet eligibility criteria
                for postsecondary courses and ensuring that students
                understand how credits earned will transfer to
                institutions of higher education in the State; and
                    ``(E) coordinating secondary and postsecondary
                support services and academic calendars.
    ``(g) Flexibility of Funds.--An eligible institution that receives
a grant under this section may use grant funds for any of the costs
associated with carrying out credit-based academic transition programs
described in subsection (a), including the costs of--
            ``(1) tuition and fees, books, and required instructional
        materials for such program so that students will not be
        required to pay tuition or fees for postsecondary courses; and
            ``(2) transportation to and from such program.
    ``(h) Evaluation and Report.--Each eligible institution receiving a
grant under this section shall--
            ``(1) conduct an independent evaluation of the
        effectiveness of the activities carried out by such eligible
        institution under this section; and
            ``(2) prepare and submit to the Secretary a report
        containing the results of the evaluation described in paragraph
        (1).
    ``(i) Rule of Construction.--Nothing in this section shall be
construed to impose on any State or public institution of higher
education any requirement or rule regarding credit-based academic
transition programs described in subsection (a) that is inconsistent
with State law.''.

Summary: Making Education Affordable Act This bill amends title VII of the Higher Education Act of 1965 to reauthorize through FY2018 the Fund for the Improvement of Postsecondary Education (FIPSE) program. The bill also authorizes new grants under the FIPSE program. Specifically, the Department of Education may award grants to institutions of higher education for dual or concurrent enrollment programs or early college high school programs that allow high school students to earn college credits.

Making Education Affordable Act


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Making Home Affordable Improvements
Act''.

SEC. 2. ALLOCATION OF MAKING HOME AFFORDABLE FUNDING FOR FORECLOSURE
              MITIGATION COUNSELING IN CONNECTION WITH HOME AFFORDABLE
              MODIFICATION PROGRAM AND HOME AFFORDABLE FORECLOSURE
              ALTERNATIVES PROGRAM.

    (a) Funding for Foreclosure Mitigation Counseling.--From any
amounts made available for carrying out the Making Home Affordable
initiative of the Secretary of the Treasury pursuant to title I of the
Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5211 et seq.),
the Secretary shall provide assistance, in the amounts provided under
subsection (c), to the National Foreclosure Mitigation Counseling
Program for foreclosure mitigation counseling activities in connection
with the Home Affordable Modification Program (HAMP) of such
initiative.
    (b) Distribution of Assistance.--
            (1) In general.--The National Foreclosure Mitigation
        Counseling Program shall distribute amounts received pursuant
        to subsection (a) to grantees in good standing in accordance
        with guidelines, policies, and procedures of the Program.
            (2) Housing counseling agency eligibility.--For a housing
        counseling agency to be eligible to receive assistance from
        amounts received pursuant to subsection (a), the agency must be
        a recipient of funding from the National Foreclosure Mitigation
        Counseling Program.
    (c) Formula for Funding.--The amount provided under this subsection
shall be an amount, for each mortgage modified under the Home
Affordable Modification Program, as follows:
            (1) Trial modifications.--For each mortgage for which a
        servicer or lender has entered into a trial modification under
        the Program with the borrower, $500.
            (2) Permanent modifications.--For each mortgage for which a
        servicer or lender has entered into a permanent modification
        under the Program with the borrower, $750.
            (3) Home affordable foreclosure alternatives program.--For
        each mortgage for which the servicer or lender has agreed to an
        alternative to foreclosure under the Home Affordable
        Foreclosure Alternatives (HAFA) Program, $300.
    (d) Administrative Fees.--The Neighborhood Reinvestment Corporation
may use up to 15 percent of the amount allocated under subsection (a)
for administrative expenses.
    (e) Use of Foreclosure Mitigation Counseling Funds.--Not later than
the expiration of the 180-day period beginning on the date of the
enactment of this Act, the Neighborhood Reinvestment Corporation shall
establish a procedure by which the National Foreclosure Mitigation
Counseling Program shall direct the amounts provided to such Program
pursuant to this section to participating housing counseling agencies.
    (f) National Foreclosure Mitigation Counseling Program.--For
purposes of this section, the term ``National Foreclosure Mitigation
Counseling Program'' means the program of the Neighborhood Reinvestment
Corporation for mortgage foreclosure mitigation activities carried out
pursuant to--
            (1) title III of division K of the Consolidated
        Appropriations Act, 2008 (Public Law 110-161; 121 Stat. 2441);
            (2) section 2305 of the Housing and Economic Recovery Act
        of 2008 (42 U.S.C. 5301 note);
            (3) title III of division I of the Omnibus Appropriations
        Act, 2009 (Public Law 111-8; 123 Stat. 9821); and
            (4) any other provision of law providing amounts to the
        Neighborhood Reinvestment Corporation for such activities.
    (g) Guidelines.--The Secretary of the Treasury shall revise the
guidelines of the Making Home Affordable initiative and the Home
Affordable Modification Program as necessary to carry out this section.

SEC. 3. COLLECTION OF PROGRAM DATA AND DISCLOSURE TO SECRETARY OF
              HOUSING AND URBAN DEVELOPMENT.

    (a) Collection of Program Data.--The Secretary of the Treasury
shall revise the guidelines of the Home Affordable Modification Program
(HAMP) of the Making Home Affordable initiative of the Secretary,
authorized under title I of the Emergency Economic Stabilization Act of
2008 (12 U.S.C. 5211 et seq.), to provide for the collection, by the
Secretary on a monthly basis from each mortgage servicer and lender
participating in the Program, of comprehensive data on the activities
of the servicer or lender under the Home Affordable Modification
Program. Such comprehensive data shall identify the participating
housing counseling agency, when applicable, and shall include the
following information:
            (1) The number of requests for mortgage modifications under
        the Program that the servicer or lender has received.
            (2) The number of requests for mortgage modifications under
        the Program that the servicer or lender has received for
        mortgages for borrowers having back-end debt-to-income ratios
        equal to or greater than 55 percent.
            (3) The number of requests for mortgage modifications under
        the Program that the servicer or lender has processed.
            (4) The number of requests for mortgage modifications under
        the Program that the servicer or lender has processed for
        mortgages for borrowers having back-end debt-to-income ratios
        equal to or greater than 55 percent.
            (5) The number of requests for mortgage modifications under
        the Program for which the servicer or lender has entered into a
        trial modification with the borrower.
            (6) The number of requests for mortgage modifications under
        the Program for which--
                    (A) the servicer or lender has entered into a trial
                modification with the borrower; and
                    (B) the borrower has a back-end debt-to-income
                ratio equal to or greater than 55 percent.
            (7) The number of requests for mortgage modifications under
        the Program for which the servicer or lender has entered into a
        permanent modification with the borrower.
            (8) The number of requests for mortgage modifications under
        the Program for which--
                    (A) the servicer or lender has entered into a
                permanent modification with the borrower; and
                    (B) the borrower has a back-end debt-to-income
                ratio equal to or greater than 55 percent.
            (9) The number of requests for mortgage modifications under
        the Program that the servicer or lender has denied.
            (10) The number of requests for mortgage modifications
        under the Program that the servicer or lender has denied for
        mortgages for borrowers having back-end debt-to-income ratios
        equal to or greater than 55 percent.
    (b) Disclosure to Secretary of HUD.--Not later than 14 days after
each monthly deadline for submission of data by mortgage servicers and
lenders participating in the Home Affordable Modification Program, the
Secretary shall provide a report to the Secretary of Housing and Urban
Development containing such monthly data collected by the Secretary of
the Treasury from mortgage servicers and lenders participating in the
Program, including the information specified in subsection (a).
    (c) Public Availability.--Not later than 30 days after receipt by
the Secretary of Housing and Urban Development of each monthly report
pursuant to subsection (b), the Secretary of the Treasury shall make
such report publicly available by means of a World Wide Web site of the
Secretary and by submitting a report to the Congress.

SEC. 4. DEFINITIONS.

    For purposes of this Act, the following definitions shall apply:
            (1) Back-end debt-to-income ratio.--The term ``back-end
        debt-to-income ratio'' means, with respect to the borrower
        under a mortgage for which a request for modification under the
        Home Affordable Modification Program or a modification under
        such Program has been made, the ratio of monthly payments due
        on all debts of the borrower (including mortgage principal,
        interest, taxes, and insurance, and all other recurring debt)
        to the gross monthly income of the borrower before any such
        modification under such Program, as further defined by the
        Secretary in guidelines for the Home Affordable Modification
        Program.
            (2) Secretary.--Except where specifically provided
        otherwise, the term ``Secretary'' means the Secretary of the
        Treasury.

Summary: Making Home Affordable Improvements Act - Directs the Secretary of the Treasury to provide assistance in specified amounts to the National Foreclosure Mitigation Counseling Program (Program) of the Neighborhood Reinvestment Corporation (NRC) for foreclosure mitigation counseling activities in connection with the Home Affordable Modification Program (HAMP) of the Making Home Affordable initiative. Directs the Program to distribute funds to grantee housing counseling agencies in good standing. Directs the NRC to establish a procedure by which the Program shall direct funds to such agencies. Directs the Secretary of the Treasury to: (1) revise HAMP guidelines to provide for monthly collection by the Secretary of the Treasury from each participating mortgage servicer and lender of comprehensive data on its activities. And (2) report such data to the Secretary of Housing and Urban Development (HUD), report it to Congress, and make it publicly available on the Treasury World Wide Web site.

To ensure adequate funding for foreclosure mitigation counseling activities of the Neighborhood Reinvestment Corporation in connection with the Home Affordable Modification Program of the Secretary of the Treasury.


SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Nuclear Safety and
Promotion Act of 2001''.
    (b) Table of Contents.--The table of contents of this Act is as
follows:

Sec. 1. Short title; table of contents.
                   TITLE I--GROWTH OF NUCLEAR ENERGY

Sec. 101. Price Anderson reauthorization.
Sec. 102. Elimination of foreign ownership restrictions.
Sec. 103. Combined licenses.
Sec. 104. Scope of environmental review.
                    TITLE II--NRC REGULATORY REFORM

Sec. 201. Elimination of duplicative antitrust review.
Sec. 202. Hearing procedures.
Sec. 203. Authority over former licensees for decommissioning funding.
                    TITLE III--NRC PERSONNEL CRISIS

Sec. 301. Elimination of pension offset.
Sec. 302. Contracts with the national laboratories.
Sec. 303. NRC training program.

                   TITLE I--GROWTH OF NUCLEAR ENERGY

SEC. 101. PRICE-ANDERSON REAUTHORIZATION.

    (a) Indemnification of Licensees.--Section 170c. of the Atomic
Energy Act of 1954 (42 U.S.C. 2210(c)) is amended--
            (1) in the subsection heading, by striking ``Licenses'' and
        inserting ``Licensees''; and
            (2) in the first sentence, by striking ``August 1, 2002''
        and inserting ``August 1, 2012''.
    (b) Reports to Congress.--Section 170p. of the Atomic Energy Act of
1954 (42 U.S.C. 2210(p)) is amended by striking ``August 1, 1998'' and
inserting ``August 1, 2008''.
    (c) Applicability.--The amendments made by this section apply with
respect to nuclear incidents occurring on or after the date of
enactment of this Act.

SEC. 102. ELIMINATION OF FOREIGN OWNERSHIP RESTRICTIONS.

    (a) Commercial Licenses.--Section 103d. of the Atomic Energy Act of
1954 (42 U.S.C. 2133(d)) is amended by striking the second sentence.
    (b) Medical Therapy and Research and Development.--Section 104d. of
the Atomic Energy Act of 1954 (42 U.S.C. 2134(d)) is amended by
striking the second sentence.

SEC. 103. COMBINED LICENSE PERIODS.

    Section 103c. of the Atomic Energy Act of 1954 (42 U.S.C. 2133(c))
is amended--
            (1) by striking ``c. Each such'' and inserting the
        following:
    ``c. License Period.--
            ``(1) In general.--Each such''; and
            (2) by adding at the end the following:
            ``(2) Combined licenses.--In the case of a combined
        construction and operating license issued under section 185(b),
        the duration of the operating phase of the license period shall
        not be less than the duration of the operating license if
        application had been made for separate construction and
        operating licenses.''.

SEC. 104. SCOPE OF ENVIRONMENTAL REVIEW.

    (a) In General.--Chapter 10 of title I of the Atomic Energy act of
1954 (42 U.S.C. 2131 et seq.) is amended--
            (1) by redesignating sections 110 and 111 as section 111
        and 112, respectively; and
            (2) by inserting after section 109 the following:

``SEC. 110. SCOPE OF ENVIRONMENTAL REVIEW.

    ``In conducting any environmental review (including any activity
conducted under section 102 of the National Environmental Policy Act of
1969 (42 U.S.C. 4332)) in connection with an application for a license
or a renewed license under this chapter, the Commission shall not give
any consideration to the need for, or any alternative to, the facility
to be licensed.''.
    (b) Conforming Amendments.--
            (1) The Atomic Energy Act of 1954 is amended--
                    (A) in the table of contents (42 U.S.C. prec.
                2011), by striking the items relating to section 110
                and inserting the following:

        ``Sec. 110. Scope of environmental review.
        ``Sec. 111. Exclusions.
        ``Sec. 112. Licensing by Nuclear Regulatory Commission of
                            distribution of certain materials by
                            Department of Energy.'';
                    (B) in the last sentence of section 57b. (42 U.S.C.
                2077(b)), by striking ``section 111 b.'' and inserting
                ``section 112b.''; and
                    (C) in section 131a.(2)(C), by striking ``section
                111 b.'' and inserting ``section 112b.''.
            (2) Section 202 of the Energy Reorganization Act of 1974
        (42 U.S.C. 5842) is amended--
                    (A) by striking ``section 110 a.'' and inserting
                ``section 111a.''; and
                    (B) by striking ``section 110 b.'' and inserting
                ``section 111b.''.

                    TITLE II--NRC REGULATORY REFORM

SEC. 201. ELIMINATION OF DUPLICATIVE ANTITRUST REVIEW.

    Section 105 of the Atomic Energy Act of 1954 (42 U.S.C. 2135) is
amended by striking subsection c. and inserting the following:
    ``c. Conditions.--
            ``(1) In general.--A condition for a grant of a license
        imposed by the Commission under this section shall remain in
        effect until the condition is modified or removed by the
        Commission.
            ``(2) Modification.--If a person that is licensed to
        construct or operate a utilization or production facility
        applies for reconsideration under this section of a condition
        imposed in the person's license, the Commission shall conduct a
        proceeding, on an expedited basis, to determine whether the
        license condition--
                    ``(A) is necessary to ensure compliance with
                subsection a.; or
                    ``(B) should be modified or removed.''.

SEC. 202. HEARING PROCEDURES.

    Section 189a.(1) of the Atomic Energy Act of 1954 (42 U.S.C.
2239(a)(1)) is amended by adding at the end the following:
                    ``(C) Hearings.--A hearing under this section shall
                be conducted using informal adjudicatory procedures
                unless the Commission determines that formal
                adjudicatory procedures are necessary--
                            ``(i) to develop a sufficient record; or
                            ``(ii) to achieve fairness.''.

SEC. 203. AUTHORITY OVER FORMER LICENSEES FOR DECOMMISSIONING FUNDING.

    Section 161i. of the Atomic Energy Act of 1954 (42 U.S.C. 2201(i))
is amended--
            (1) by striking ``and (3)'' and inserting ``(3)''; and
            (2) by inserting before the semicolon at the end the
        following: ``, and (4) to ensure that sufficient funds will be
        available for the decommissioning of any production or
        utilization facility licensed under section 103 or 104b.,
        including standards and restrictions governing the control,
        maintenance, use, and disbursement by any former licensee under
        this Act that has control over any fund for the decommissioning
        of the facility''.

                    TITLE III--NRC PERSONNEL CRISIS

SEC. 301. ELIMINATION OF PENSION OFFSET.

    Section 161 of the Atomic Energy Act of 1954 (42 U.S.C. 2201) is
amended by adding at the end the following:
    ``y. exempt from the application of sections 8344 and 8468 of title
5, United States Code, an annuitant who was formerly an employee of the
Commission who is hired by the Commission as a consultant, if the
Commission finds that the annuitant has a skill that is critical to the
performance of the duties of the Commission.''.

SEC. 302. CONTRACTS WITH THE NATIONAL LABORATORIES.

    Section 170A of the Atomic Energy Act of 1954 (42 U.S.C. 2210a) is
amended by striking subsection c. and inserting the following:
    ``c. Contracts, Agreements, and Other Arrangements With the
National Laboratories.--Notwithstanding subsection b. and
notwithstanding the potential for a conflict of interest that cannot be
avoided, the Commission may enter into a contract, agreement, or other
arrangement with a national laboratory if the Commission takes
reasonable steps to mitigate the effect of the conflict of interest.''.

SEC. 303. NRC TRAINING PROGRAM.

    (a) In General.--In order to maintain the human resource investment
and infrastructure of the United States in the nuclear sciences, health
physics, and engineering fields, in accordance with the statutory
authorities of the Commission relating to the civilian nuclear energy
program, the Nuclear Regulatory Commission shall carry out a training
and fellowship program to address shortages of individuals with
critical safety skills.
    (b) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated to
        carry out this section $1,000,000 for each of fiscal years 2002
        through 2005.
            (2) Availability.--Funds made available under paragraph (1)
        shall remain available until expended.

Summary: Nuclear Safety and Promotion Act - Amends the Atomic Energy Act of 1954 to reauthorize until August 1, 2012, mandatory indemnification and holding harmless of certain licensees for nuclear incidents . Repeals the prohibition against foreign ownership of commercial, medical therapy, and research and development licenses issued by the NRC. Provides that the duration of the operating phase of the license period for certain combined construction and operating licenses shall not be less than the duration of the operating license if application had been made for separate construction and operating licenses. Prohibits the NRC from giving any consideration to need or alternative when conducting any environmental review regarding a facility license application or renewal. Eliminates antitrust review of NRC license applications. Authorizes the NRC to prescribe regulations to ensure the availability of sufficient decommissioning funds for certain production or utilization facilities, including standards and restrictions governing former licensee control and disbursement over any facility decommissioning fund. Authorizes the NRC to eliminate the pension offset governing former NRC employees rehired as consultants if the annuitant has skills critical to the performance of NRC duties. Repeals the requirements that the NRC promulgate implementation rules governing conflicts of interest relating to contracts. Authorizes the NRC enter into a contract with a national laboratory if it takes reasonable steps to mitigate the effect of the conflict of interest. Instructs the NRC to implement a training and fellowship program to address shortages of critical safety skills.

A bill to promote the safe and efficient supply of energy while maintaining strong environmental protections.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Implements of Torture Export Control
Act of 2004''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) In 1984, the United Nations General Assembly adopted
        the Convention Against Torture and Other Cruel, Inhuman, or
        Degrading Treatment or Punishment. The United States ratified
        the Convention in 1994, which defines torture as acts
        deliberately perpetrated by or with the approval of government
        officials, which are designed to inflict extreme physical or
        psychological suffering.
            (2) Torture has devastating, long-term consequences, not
        only for survivors, but also for their families, friends, and
        communities. Survivors' relationships with others suffer
        greatly because of the distrust and sense of alienation from
        humanity that the torture has engendered.
            (3) Amnesty International reports that there are over 117
        countries in the world which engage in or condone torture. It
        is estimated that over 500,000 victims of foreign governmental
        torture live in the United States.
            (4) Mechanical restraints, such as handcuffs, leg irons,
        shackles, and thumbcuffs, are some of the most widely used
        security devices; they are also widely abused as implements of
        torture.
            (5) Equipment designed for legitimate law enforcement
        purposes can be misused to suppress freedom and commit human
        rights violations, particularly in countries where police
        authorities are used to monitor and harass human rights
        activists, opposition political figures, and others and where
        there are political or free expression ``crimes''.
            (6) Many devices intended for crime control purposes, such
        as electro-shock discharge devices, are especially susceptible
        to abuse as implements of torture.

SEC. 3. DEFINITIONS.

     In this Act:
            (1) Major non-nato allies.--The term ``major non-NATO
        ally'' means any country designated as a major non-Nato ally
        under section 517 of the Foreign Assistance Act of 1961 (22
        U.S.C. 2321k).
            (2) Secretary.--The term ``Secretary'' means the Secretary
        of Commerce.
            (3) Act of torture.--The term ``act of torture'' means any
        act committed by a person acting under the color of law that is
        specifically intended to inflict severe physical or mental pain
        or suffering (other than pain or suffering incidental to a
        lawful sanction) upon another person within the custody or
        physical control of the person performing the act.
            (4) Appropriate congressional committees.--The term
        ``appropriate congressional committees'' means the Committee on
        International Relations of the House and the Committee on
        Foreign Relations and the Committee on Banking, Housing and
        Urban Affairs of the Senate.

SEC. 4. LICENSING OF CRIME CONTROL EQUIPMENT.

    (a) In General.--Except as provided in subsection (b), crime
control and detection instruments and equipment shall not be approved
for export by the Secretary except pursuant to an individual export
license.
    (b) Exception.--Subsection (a) shall not apply to exports to any
country that is a member of the North Atlantic Treaty Organization or
is a major non-NATO ally.

SEC. 5. LIMITATION ON EXPORTS.

    (a) In General.--
            (1) Country restriction.--The Secretary shall not approve
        the export to a country of the following items if the
        government of that country, or any group supported by or acting
        on behalf of that government, as determined by the Secretary of
        State, has repeatedly engaged in acts of torture:
                    (A) Crime control and detection instruments.
                    (B) Equipment especially susceptible to abuse as
                implements of torture.
            (2) Determination by the secretary of state.--The Secretary
        may not permit the export to any country of any item to which
        paragraph (1) applies unless and until the Secretary of State
        determines that the government of that country, and, if
        applicable, any group supported by or acting on behalf of that
        government, has not repeatedly engaged in acts of torture for
        the 12-month period preceding the date of the application to
        export the item.
    (b) End-User Exception.--Notwithstanding subsection (a), the
Secretary, with the concurrence of the Secretary of State, may approve
the export of any item to which subsection (a) applies if the Secretary
of State determines that the end user of the item proposed for export
has not engaged in acts of torture.
    (c) Notification.--
            (1) Determinations under subsection (a)(2).--The Secretary
        of State shall, not later than 5 days after a determination
        under subsection (a)(2) is made, report that determination to
        the appropriate congressional committees.
            (2) Licenses under subsection (b).--If an export license is
        approved under subsection (b), the Secretary and the Secretary
        of State shall, within 5 days after the granting of the export
        license, notify the appropriate congressional committees of the
        identity of the end-user and the determination made by the
        Secretary of State under that subsection with respect to the
        end user.

SEC. 6. PROHIBITION ON EXPORT.

     Notwithstanding any other provision of this Act, the export of the
following items shall be prohibited to all destinations:
            (1) Any leg irons, handcuffs, and thumbcuffs that have
        sharp or serrated edges.
            (2) Saps, blackjacks, brass knuckles, and other easily
        concealed devices designed to administer severe blows to the
        body.
            (3) Electroshock stun belts.
            (4) Items specially designed as implements of torture.
            (5) Batons or clubs fitted with spikes or other hard
        protuberances.
            (6) Components produced for incorporation into these items
        and the technology used for the development or production of
        these items.

SEC. 7. ESTABLISHMENT OF CONTROL LIST.

     The Secretary shall establish and maintain, with the concurrence
of the Secretary of State, a list of--
            (1) crime control and detection instruments; and
            (2) equipment especially susceptible to abuse as implements
        of torture.
The Secretary shall publish the list in the Federal Register.

SEC. 8. EXPORT LICENSE REVIEW.

    (a) Consultation.--In addition to the Secretary of State, the
Secretary shall ensure that the head of all appropriate agencies are
fully consulted before an individual export license is granted under
section 4.
    (b) Role of Secretary of State.--
            (1) Review of license.--Any determination by the Secretary
        to approve or deny an export license application to export
        crime control or detection instruments or equipment shall be
        made in concurrence with the recommendations of the Secretary
        of State.
            (2) Review within the department of state.--The Secretary
        of State shall ensure that the responsible official of the
        Bureau of Democracy, Human Rights and Labor is fully involved
        in reviewing proposed export licenses under paragraph (1).

Summary: Implements of Torture Export Control Act of 2004 - Prohibits the Secretary of Commerce from approving crime control and detection instruments and equipment for export (except to any North Atlantic Treaty Organization unless pursuant to an individual export license. Prohibits the Secretary from approving the export of such instruments, and any equipment especially susceptible to abuse as implements of torture, to any country if its government, or any group supported by or acting on behalf of that government, has repeatedly engaged in acts of torture during the 12-month period preceding the date of the application to export the item. Authorizes the Secretary, notwithstanding such prohibitions, to approve the export of any such item if the Secretary of State determines that the end user has not engaged in acts of torture. Prohibits the export to all destinations of: (1) any leg irons, handcuffs, and thumbcuffs with sharp or serrated edges. (2) saps, blackjacks, brass knuckles, and other easily concealed devices designed to administer severe blows to the body, (3) electroshock stun belts, (4) items specially designed as implements of torture. (5) batons or clubs fitted with spikes or other hard protuberances. And (6) components produced for incorporation into these items and the technology used for the development or production of these items. Requires the Secretary shall establish and publish in the Federal Register a list of crime control and detection instruments, and equipment especially susceptible to abuse as implements of torture. Requires the Secretary to: (1) ensure that all appropriate agency heads are fully consulted before an individual export license for such an item is granted. And (2) approve or deny an export license application for such instruments or equipment only in concurrence with the recommendations of the Secretary of State.

To provide authority to prevent human rights violations by controlling certain exports, and for other purposes.


entitled ``A Joint Resolution to approve the
        `Covenant To Establish a Commonwealth of the Northern Mariana
        Islands in Political Union with the United States of America',
        and for other purposes'', approved March 24, 1976 (48 U.S.C.
        1806(e)), as added by section 702 of the Consolidated Natural
        Resources Act of 2008 (Public Law 110-229; 122 Stat. 854)), is
        amended--
                    (A) in subparagraph (A), by striking ``subparagraph
                (B),'' and adding ``subparagraphs (B) and (C),'';
                    (B) by redesignating subparagraph (B) as
                subparagraph (D); and
                    (C) by inserting after subparagraph (A) the
                following:
                    ``(B) Special rule.--
                            ``(i) In general.--Except as provided in
                        subparagraph (D), no alien who is described in
                        clause (ii) may be removed from the United
                        States on the grounds that such alien's
                        presence in the Commonwealth of the Northern
                        Mariana Islands is in violation of section
                        212(a)(6)(A) of the Immigration and Nationality
                        Act (8 U.S.C. 1182(a)(6)(A)), prior to the date
                        that is 5 years after the transition program
                        effective date.
                            ``(ii) Alien described.--An alien described
                        in this clause is an alien who--
                                    ``(I) on May 8, 2008, was a
                                resident of the Commonwealth of the
                                Northern Mariana Islands and was--
                                            ``(aa) a permanent resident
                                        (as that term is defined in
                                        part 5-40.0-201 of the Northern
                                        Mariana Islands Administrative
                                        Code);
                                            ``(bb) an immediate
                                        relative of a citizen (as those
                                        terms are defined in such part
                                        5-40.0-201); or
                                            ``(cc) the parent of a
                                        citizen (as that term is
                                        defined in such part 5-40.0-
                                        201) who was under 21 years of
                                        age; and
                                    ``(II) on the transition program
                                effective date, was lawfully present in
                                the Commonwealth of the Northern
                                Mariana Islands or only temporarily
                                absent from the Commonwealth pursuant
                                to the immigration laws of the
                                Commonwealth.
                    ``(C) Special nonimmigrant visa for parents.--
                            ``(i) In general.--An alien parent
                        described in subparagraph (B)(ii)(cc) is
                        eligible for a special nonimmigrant visa issued
                        pursuant to this subparagraph. Such visa
                        shall--
                                    ``(I) grant the alien all of the
                                privileges granted to an alien lawfully
                                admitted for permanent residence,
                                except that the alien shall reside in
                                the Commonwealth of the Northern
                                Mariana Islands; and
                                    ``(II) be valid until the earlier
                                of--
                                            ``(aa) the date that the
                                        child of the alien petitions
                                        for an adjustment of status for
                                        the alien to that of an alien
                                        lawfully admitted for permanent
                                        residence (as that term is
                                        defined in section 101(a)(20)
                                        of the Immigration and
                                        Nationality Act (8 U.S.C.
                                        1101(a)(20)));
                                            ``(bb) the date that the
                                        alien ceases to reside in the
                                        Commonwealth; or
                                            ``(cc) November 28, 2014.
                            ``(ii) Petitions for adjustment of
                        status.--A child of an alien parent described
                        in subparagraph (B)(ii)(cc) may petition for an
                        adjustment of status for the alien parent as
                        described in clause (i)(II)(aa) during the
                        period beginning on January 1, 2014, and ending
                        on November 28, 2014, regardless of the age of
                        the child.''.
            (2) Construction.--Such paragraph (1), as amended by
        paragraph (1) of this subsection, is further amended by adding
        at the end the following:
                    ``(E) Construction.--This paragraph shall be
                construed to permit an alien who may not be removed
                212(a)(6)(A) of the Immigration and Nationality Act (8
                U.S.C. 1182(a)(6)(A)) under subparagraph (A) or (B) of
                this paragraph to leave the Commonwealth of the
                Northern Mariana Islands for a temporary absence and
                return to the Commonwealth pursuant to the entrance
                permit issued to the alien by the Commonwealth.''.
            (3) Employment authorization.--Paragraph (2) of such
        section 6(e), is amended--
                    (A) by redesignating subparagraphs (A) and (B) as
                clauses (i) and (ii), respectively, and moving such
                clauses two ems to the right;
                    (B) by striking ``An alien'' and inserting the
                following:
                    ``(A) In general.--Except as provided in
                subparagraph (B), an alien''; and
                    (C) by adding at the end the following:
                    ``(B) Special rule.--An alien who is described in
                paragraph (1)(B)(ii) shall be considered authorized by
                the Secretary of Homeland Security to be employed in
                the Commonwealth of the Northern Mariana Islands until
                the date that is 5 years after the transition program
                effective date.''.
            (4) Registration.--Paragraph 3 of such section 6(e) is
        amended to read as follows:
            ``(3) Registration.--
                    ``(A) Requirement for registration.--Beginning not
                later than November 28, 2009, and on an on-going basis,
                the Secretary of Homeland Security shall require any
                alien present in the Commonwealth of the Northern
                Mariana Islands on or after the transition period
                effective date to register with the Secretary.
                    ``(B) Schedule for initial registration.--The
                Secretary shall complete the initial registration of
                all aliens required to register under subparagraph (A)
                not later than February 1, 2010.
                    ``(C) Inapplicability of prohibition on removal and
                employment authorization.--Paragraphs (1) and (2) shall
                not apply to any alien who fails to register as
                required by this paragraph.
                    ``(D) Cooperation.--Notwithstanding any other
                provision of law, the Government of the Commonwealth of
                the Northern Mariana Islands shall provide to the
                Secretary all Commonwealth immigration records or other
                information that the Secretary deems necessary to
                assist in the implementation of this paragraph or other
                provisions of the Consolidated Natural Resources Act of
                2008 (Public Law 110-229; 122 Stat. 854) or any
                amendment made by that Act.
                    ``(E) Construction with the ina.--Nothing in this
                paragraph may be construed to modify or limit the
                application of section 262 of the Immigration and
                Nationality Act (8 U.S.C. 1302) or any other provision
                of the Immigration and Nationality Act (8 U.S.C. 1101
                et seq.) relating to the registration of aliens.''.

SEC. 2. ADJUSTMENT OF STATUS FOR PERMANENT RESIDENTS OF THE
              COMMONWEALTH.

    Section 6 of the Joint Resolution entitled ``A Joint Resolution to
approve the `Covenant To Establish a Commonwealth of the Northern
Mariana Islands in Political Union with the United States of America',
and for other purposes'', approved March 24, 1976 (48 U.S.C. 1806(e)),
as added by section 702 of the Consolidated Natural Resources Act of
2008 (Public Law 110-229; 122 Stat. 854)) is amended--
            (1) by redesignating subsections (f), (g), and (h), as
        subsections (g), (h), and (i), respectively; and
            (2) by inserting after subsection (e) the following:
    ``(f) Adjustment of Status for Permanent Residents of the
Commonwealth.--
            ``(1) Special nonimmigrant visa.--An alien who was, on May
        8, 2008, described in part 5-40.1-200 of the Administrative
        Code of the Northern Mariana Islands (as in effect on such
        date) is eligible for a special nonimmigrant visa issued
        pursuant to this paragraph. Such visa shall--
                    ``(A) grant the alien all of the privileges granted
                to an alien lawfully admitted for permanent residence,
                except that the alien shall reside in the Commonwealth
                of the Northern Mariana Islands; and
                    ``(B) be valid until the earlier of--
                            ``(i) the date on which the alien adjusts
                        status under paragraph (2); or
                            ``(ii) the date on which the alien ceases
                        to reside in the Commonwealth.
            ``(2) Adjustment of status.--An alien is eligible for an
        adjustment of status to that of an alien lawfully admitted for
        permanent residence (as that term is defined in section
        101(a)(20) of the Immigration and Nationality Act (8 U.S.C.
        1101(a)(20))), pursuant to this paragraph, if the alien--
                    ``(A) was, on May 8, 2008, described in part 5-
                40.1-200 of the Administrative Code of the Northern
                Mariana Islands (as in effect on such date); and
                    ``(B) applies for such status during the period
                beginning on January 1, 2014, and ending on November
                28, 2014.''.

SEC. 3. NORTHERN MARIANA ISLANDS VISITOR ENTRY PROGRAM TRANSITION.

    (a) In General.--Notwithstanding section 705(b) of the Consolidated
Natural Resources Act of 2008 (48 U.S.C. 1806(b)), the amendments made
by section 702(b) of such Act shall take effect on the date that is 180
days after the transition program effective date described in section
6(a) of Public Law 94-241 (48 U.S.C. 1806(a)) (as added by section
702(a) of the Consolidated Natural Resources Act of 2008). In a case in
which the transition program effective date has been modified under
paragraph (3) of such section 6(a) before the date of the enactment of
this Act, such amendments shall take effect on the date that is 180
days after the modified date.
    (b) Treatment of CNMI Visitor Entry Program.--During the 180-day
period referred to in subsection (a), the Secretary of Homeland
Security shall administer the visitor entry program of the Commonwealth
of the Northern Mariana Islands consistent with the provisions of
Commonwealth law governing the program that were in effect on the day
before the commencement of such period.

SEC. 4. FAMILY-BASED IMMIGRATION FEE REDUCTION FOR RESIDENTS OF THE
              COMMONWEALTH.

    (a) In General.--The Consolidated Natural Resources Act of 2008
(Public Law 110-229; 122 Stat. 754) is amended by inserting after
section 703 the following:

``SEC. 703A. FAMILY-BASED IMMIGRATION FEE REDUCTION FOR RESIDENTS OF
              THE COMMONWEALTH.

    ``(a) Family-Based Immigration Benefit Application and Petition
Fees.--
            ``(1) In general.--The Secretary of State, the Attorney
        General, and the Secretary of Homeland Security shall reduce
        the fees for family-based immigration benefit applications and
        petitions (including associated fees, such as fees for
        fingerprinting or supporting documents) collected from
        residents of the Commonwealth of the Northern Mariana Islands
        who had immediate relative status pursuant to the immigration
        laws of the Commonwealth of the Northern Mariana Islands on May
        8, 2008.
            ``(2) Amount of reduction.--The amount of the reduction
        shall be established by the Secretary of Homeland Security. It
        shall be a percentage reduction that is as least as great as
        the difference (expressed as a percentage) between the average
        per capita income in the Commonwealth of the Northern Mariana
        Islands and the average national per capita income in the
        United States as a whole (as determined according to the most
        recent data available from the Bureau of the Census).
    ``(b) Requirements for Sponsor's Affidavit of Support.--In the case
of a resident of the Commonwealth of the Northern Mariana Islands who
had immediate relative status pursuant to the immigration laws of the
Commonwealth of the Northern Mariana Islands on May 8, 2008, section
213A(f)(1)(E) of the Immigration and Nationality Act (8 U.S.C.
1183a(f)(1)(E)) shall not apply.
    ``(c) Effective Date.--This section shall take effect on the date
of the enactment of this section and shall cease to be effective on
December 31, 2014.''.
    (b) Clerical Amendment.--The table of contents for the Consolidated
Natural Resources Act of 2008 (16 U.S.C. 1 note) is amended by
inserting after the item relating to section 703 the following:

``703A. Family-based immigration fee reduction for residents of the
                            Commonwealth.''.

SEC. 5. EFFECTIVE DATES.

    (a) Section 3.--Section 3 shall take effect on the date of the
enactment of this Act.
    (b) Section 4.--Section 703A of the Consolidated Natural Resources
Act of 2008, as added by section 4 of this Act, shall be effective in
accordance with subsection (c) of such section 703A.
    (c) Other Provisions.--Except as provided in subsection (b), the
amendments made by this Act shall take effect as if included in the
enactment of subtitle A of title VII of the Consolidated Natural
Resources Act of 2008.

Summary: Prohibits, subject to an existing provision, an alien who on May 8, 2008, was a resident of the Commonwealth of the Northern Mariana Islands (CNMI) from being removed from the United States on the grounds of illegal presence in the CNMI prior to the date that is five years after the transition program effective date if such alien is lawfully present in the CNMI on such date and is: (1) a permanent resident of the CNMI, (2) an immediate relative of a citizen. Or (3) the parent of a citizen who was under 21 years old. Makes such an alien parent eligible for a special nonimmigrant visa. Specifies conditions for such visa, including the requirement that the parent reside in the CNMI. Makes an alien who, as of May 8, 2008, was subject to CNMI immigration regulations eligible for a special nonimmigrant visa. Provides that such visa shall: (1) grant the alien all the privileges of an alien lawfully admitted for permanent residence except that the alien must reside in the CNMI. And (2) be valid until the earlier of the date on which the alien adjusts to permanent resident status or the date on which the alien ceases to reside in the CNMI. Makes an alien who, as of May 8, 2008, was subject to CNMI immigration regulations eligible for adjustment to permanent resident status if such alien applies for adjustment between January 1, 2014-November 28, 2014. Extends the effective date of the CNMI visitor entry program for 180 days. Directs the Secretary of Homeland Security (DHS) to administer the program during such 180-day period consistent with CNMI provisions governing the program that were in effect prior to the commencement of such period. Amends the Consolidated Natural Resources Act of 2008 to: (1) direct the Secretary of State, the Attorney General, and the Secretary of DHS to reduce the fees for family-based immigration benefit applications and petitions collected from CNMI residents who had immediate relative status pursuant to CNMI immigration laws as of May 8, 2008, and (2) waive related sponsor income requirements.

To make technical corrections to subtitle A of title VII of the Consolidated Natural Resources Act of 2008, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Judicial Transparency and Ethics
Enhancement Act of 2017''.

SEC. 2. INSPECTOR GENERAL FOR THE JUDICIAL BRANCH.

    (a) Establishment and Duties.--Part III of title 28, United States
Code, is amended by adding at the end the following:

        ``CHAPTER 60--INSPECTOR GENERAL FOR THE JUDICIAL BRANCH

``Sec.
``1021. Establishment.
``1022. Appointment, term, and removal of Inspector General.
``1023. Duties.
``1024. Powers.
``1025. Reports.
``1026. Whistleblower protection.
``Sec. 1021. Establishment
    ``There is established for the judicial branch of the Government
the Office of Inspector General for the Judicial Branch (in this
chapter referred to as the `Office').
``Sec. 1022. Appointment, term, and removal of Inspector General
    ``(a) Appointment.--The head of the Office shall be the Inspector
General, who shall be appointed by the Chief Justice of the United
States after consultation with the majority and minority leaders of the
Senate and the Speaker and minority leader of the House of
Representatives.
    ``(b) Term.--The Inspector General shall serve for a term of 4
years and may be reappointed by the Chief Justice of the United States
for any number of additional terms.
    ``(c) Removal.--The Inspector General may be removed from office by
the Chief Justice of the United States. The Chief Justice shall
communicate the reasons for any such removal to both Houses of
Congress.
``Sec. 1023. Duties
    ``With respect to the judicial branch, the Office shall--
            ``(1) conduct investigations of alleged misconduct in the
        judicial branch (other than the United States Supreme Court)
        under chapter 16 that may require oversight or other action
        within the judicial branch or by Congress;
            ``(2) conduct investigations of alleged misconduct in the
        United States Supreme Court that may require oversight or other
        action within the judicial branch or by Congress;
            ``(3) conduct and supervise audits and investigations;
            ``(4) prevent and detect waste, fraud, and abuse; and
            ``(5) recommend changes in laws or regulations governing
        the judicial branch.
``Sec. 1024. Powers
    ``(a) Powers.--In carrying out the duties of the Office, the
Inspector General shall have the power to--
            ``(1) make investigations and reports;
            ``(2) obtain information or assistance from any Federal,
        State, or local governmental agency, or other entity, or unit
        thereof, including all information kept in the course of
        business by the Judicial Conference of the United States, the
        judicial councils of circuits, the Administrative Office of the
        United States Courts, and the United States Sentencing
        Commission;
            ``(3) require, by subpoena or otherwise, the attendance and
        testimony of such witnesses, and the production of such books,
        records, correspondence, memoranda, papers, and documents,
        which subpoena, in the case of contumacy or refusal to obey,
        shall be enforceable by civil action;
            ``(4) administer to or take from any person an oath,
        affirmation, or affidavit;
            ``(5) employ such officers and employees, subject to the
        provisions of title 5, governing appointments in the
        competitive service, and the provisions of chapter 51 and
        subchapter III of chapter 53 of such title relating to
        classification and General Schedule pay rates;
            ``(6) obtain services as authorized by section 3109 of
        title 5 at daily rates not to exceed the equivalent rate for a
        position at level IV of the Executive Schedule under section
        5315 of such title; and
            ``(7) the extent and in such amounts as may be provided in
        advance by appropriations Acts, to enter into contracts and
        other arrangements for audits, studies, analyses, and other
        services with public agencies and with private persons, and to
        make such payments as may be necessary to carry out the duties
        of the Office.
    ``(b) Chapter 16 Matters.--The Inspector General shall not commence
an investigation under section 1023(1) until the denial of a petition
for review by the judicial council of the circuit under section 352(c)
of this title or upon referral or certification to the Judicial
Conference of the United States of any matter under section 354(b) of
this title.
    ``(c) Limitation.--The Inspector General shall not have the
authority to--
            ``(1) investigate or review any matter that is directly
        related to the merits of a decision or procedural ruling by any
        judge, justice, or court; or
            ``(2) punish or discipline any judge, justice, or court.
``Sec. 1025. Reports
    ``(a) When To Be Made.--The Inspector General shall--
            ``(1) make an annual report to the Chief Justice and to
        Congress relating to the activities of the Office; and
            ``(2) make prompt reports to the Chief Justice and to
        Congress on matters that may require action by the Chief
        Justice or Congress.
    ``(b) Sensitive Matter.--If a report contains sensitive matter, the
Inspector General may so indicate and Congress may receive that report
in closed session.
    ``(c) Duty To Inform Attorney General.--In carrying out the duties
of the Office, the Inspector General shall report expeditiously to the
Attorney General whenever the Inspector General has reasonable grounds
to believe there has been a violation of Federal criminal law.
``Sec. 1026. Whistleblower protection
    ``(a) In General.--No officer, employee, agent, contractor, or
subcontractor in the judicial branch may discharge, demote, threaten,
suspend, harass, or in any other manner discriminate against an
employee in the terms and conditions of employment because of any
lawful act done by the employee to provide information, cause
information to be provided, or otherwise assist in an investigation
regarding any possible violation of Federal law or regulation, or
misconduct, by a judge, justice, or any other employee in the judicial
branch, which may assist the Inspector General in the performance of
duties under this chapter.
    ``(b) Civil Action.--An employee injured by a violation of
subsection (a) may, in a civil action, obtain appropriate relief.''.
    (b) Technical and Conforming Amendment.--The table of chapters for
part III of title 28, United States Code, is amended by adding at the
end the following:

``60.  Inspector General for the judicial branch............    1021''.

Summary: Judicial Transparency and Ethics Enhancement Act of 2017 This bill amends the federal judicial code to establish the Office of Inspector General for the Judicial Branch to investigate alleged misconduct in the judicial branch, including the Supreme Court, to conduct and supervise audits and investigations, and to prevent and detect waste, fraud, and abuse.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Department of Defense Privatization
and Outsourcing Moratorium Act''.

SEC. 2. MORATORIUM ON PRIVATIZATION AND OUTSOURCING OF DEPARTMENT OF
              DEFENSE FUNCTIONS.

    (a) Findings.--Congress finds the following:
            (1) There is conflicting evidence that the current
        privatization and outsourcing efforts of the Department of
        Defense, including the Departments of the Army, Navy, and Air
        Force, are reducing the cost of support functions within the
        Department.
            (2) Typically, these privatization and outsourcing efforts
        result in contractors simply replacing civilian employees of
        the Department at lower initial costs, but higher longer-term
        costs, while stagnating organizational improvements that would
        otherwise result in greater efficiencies and effectiveness.
            (3) Recent and current privatization and outsourcing
        efforts in some cases appear to have created serious oversight
        and accountability problems for the Department.
            (4) The Department, as a general practice, has adjusted the
        operating budgets of the Armed Forces and specific military
        installations to reflect savings anticipated as a result of
        Office of Management and Budget Circular A-76 studies and
        subsequent privatization and outsourcing activities.
            (5) The massive drawdowns in the size of the Armed Forces
        during the 1990's and the restructuring of military
        installations through the base closure process have created a
        climate in which making accurate decisions concerning
        privatization and outsourcing are further complicated due to
        the dynamic nature of the civilian workforce of the Department.
            (6) The Department should pursue alternatives to the
        privatization and outsourcing approach conducted under the A-76
        process, such as ``Strategic Sourcing'', to find its most
        efficient organization to perform commercial or industrial type
        functions.
    (b) Moratorium.--(1) Chapter 146 of title 10, United States Code,
is amended by adding at the end the following new section:
``Sec. 2475. Moratorium on privatization and outsourcing
    ``(a) Moratorium.--(1) During the period specified in subsection
(b), any commercial or industrial type function of the Department of
Defense that, as of the date of the enactment of this section, is being
performed by Department of Defense civilian employees may not be
changed to performance by the private sector.
    ``(2) The moratorium applies to a function even though, as of the
date of the enactment of this section, the function--
            ``(A) is the subject of a study or report under section
        2461 of this title for conversion to contractor performance; or
            ``(B) is being considered for such conversion under the
        procedures and requirements of Office of Management and Budget
        Circular A-76.
    ``(3) As part of the moratorium, the Secretary of Defense shall
order the suspension of any study being conducted under section 2461 of
this title or Office of Management and Budget Circular A-76 regarding a
commercial or industrial type function of the Department. New studies
regarding such a function at a military installation may not be
commenced under such section or circular during the period of the
moratorium.
    ``(b) Duration of Moratorium.--The moratorium imposed under
subsection (a) begins on the date of the enactment of this section and
shall continue until the end of the five-year period beginning on the
date the Secretary of Defense certifies to Congress that all actions
necessary to carry out the 1995 round of base closures and realignments
have been completed under the Defense Base Closure and Realignment Act
of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687
note).
    ``(c) Exception.--The moratorium imposed under subsection (a) does
not apply to a commercial or industrial type function of the Department
of Defense that is being converted, or is being considered for
conversion, to performance by the private sector under a Strategic
Sourcing or Business Process and Re-engineering plan of the Department.
    ``(d) Report Evaluating Conversion to Contractor Performance.--(1)
Not later than 18 months after the date of the enactment of this
section, the Secretary of Defense shall submit to Congress a report
evaluating--
            ``(A) each conversion of a commercial or industrial type
        function of the Department of Defense to contractor performance
        that was carried out, in whole or in part, since October 1,
        1996; and
            ``(B) each commercial or industrial type function of the
        Department that was considered, since that date, for conversion
        to contractor performance under section 2461 of this title or
        Office of Management and Budget Circular A-76, but that was not
        converted.
    ``(2) At a minimum, the report shall contain the following
information for each function covered by the report:
            ``(A) The code, title, and actual functions performed by
        civilian employees of the Department.
            ``(B) The cost to study the function for possible
        conversion.
            ``(C) The number of civilian employees affected.
            ``(D) The personnel cost of the conversion, including costs
        resulting from reduction in force, retirement, retraining and
        other movement and separation costs.
            ``(E) The cost and identity of materials, equipment and
        facilities provided contractors in conversion to contractor
        performance.
            ``(F) The cost of the initial contract, the number of
        employees expected to perform the function, and variants in
        each thereafter.
    ``(3) The report shall also contain the following aggregate
information for the functions covered by the report:
            ``(A) The average annual costs or savings associated with
        all Department conversions to contractor performance.
            ``(B) The overall average annual costs or savings resulting
        from efficiencies achieved in Department functions described in
        paragraph (1)(B).
    ``(e) Effect of Moratorium on Operating Budgets.--On account of the
moratorium imposed under subsection (a), the Secretary of Defense shall
provide for an adjustment in the operating budgets of the armed forces
and military installations to compensate for the fact that the
operating budgets of the armed forces and many military installations
were reduced, before the start of the moratorium, to reflect future
savings anticipated as a result of completing the A-76 competitive
study process and converting to contractor performance those commercial
and industrial type functions of the Department of Defense that are now
subject to the moratorium.''.
    (2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:

``2475. Moratorium on privatization and outsourcing.''.

Summary: Requires the Secretary to report to Congress evaluating: (1) each conversion that was carried out since October 1, 1996. And (2) each function that was considered for conversion since such date, but not converted. Directs the Secretary, on account of such moratorium, to provide for an adjustment in the operating budgets of the armed forces and military installations to compensate for the fact that such budgets were previously reduced to reflect savings anticipated from the conversion of such functions to private sector performance.