SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Election Integrity Act of
2004'' .

SEC. 2. REQUIRING PROOF OF CITIZENSHIP TO ACCOMPANY APPLICATION FOR
              VOTER REGISTRATION.

    (a) Application Provided With Motor Vehicle License Application.--
Section 5(c)(2) of the National Voter Registration Act of 1993 (42
U.S.C. 1973gg--3(c)(2)) is amended--
            (1) in subparagraph (B), by striking ``may require'' and
        inserting ``in addition to the information required under
        subparagraph (E), may require'';
            (2) by striking ``and'' at the end of subparagraph (D);
            (3) by redesignating subparagraph (E) as subparagraph (F);
        and
            (4) by inserting after subparagraph (D) the following new
        subparagraph:
            ``(E) shall require the applicant to provide a photographic
        copy of any document which provides proof that the applicant is
        a citizen of the United States, in accordance with guidelines
        established by the Election Administration Commission in
        consultation with the Secretary of Homeland Security and the
        Secretary of State.''.
    (b) Mail-In Form.--Section 9(b) of such Act (42 U.S.C. 1973gg--
7(b)) is amended--
            (1) in paragraph (1), by striking ``may require'' and
        inserting ``consistent with paragraph (5), may require'';
            (2) by striking ``and'' at the end of paragraph (3);
            (3) by striking the period at the end of paragraph (4) and
        inserting ``; and''; and
            (4) by adding at the end the following new paragraph:
            ``(5) shall require the applicant to provide a photographic
        copy of any document which provides proof that the applicant is
        a citizen of the United States, in accordance with guidelines
        established by the Election Administration Commission in
        consultation with the Secretary of Homeland Security and the
        Secretary of State.''.
    (c) Special Rules for States Without Registration Requirement and
States Permitting Same-Day Registration.--
            (1) In general.--Section 8 of such Act (42 U.S.C. 1973gg--
        6) is amended--
                    (A) by redesignating subsection (j) as subsection
                (k); and
                    (B) by inserting after subsection (i) the following
                new subsection:
    ``(j) Requirement for Proof of Citizenship in States Without
Registration Requirement and States Permitting Same-Day Registration.--
            ``(1) States without registration requirement.--In the case
        of a State described in section 4(b)(1), the appropriate State
        or local election official may not provide any individual with
        a ballot for an election for Federal office (including an
        absentee ballot) unless the individual provides the official
        with a photographic copy of any document which provides proof
        that the individual is a citizen of the United States, in
        accordance with guidelines established by the Election
        Administration Commission in consultation with the Secretary of
        Homeland Security and the Secretary of State.
            ``(2) States permitting same-day registration.--In the case
        of a State described in section 4(b)(2), the appropriate State
        or local election official may not permit any individual to
        register to vote in an election for Federal office (including
        an individual who desires to register to vote at the polling
        place at the time of voting in the election) unless the
        individual provides the official with a photographic copy of
        any document which provides proof that the individual is a
        citizen of the United States, in accordance with guidelines
        established by the Election Administration Commission in
        consultation with the Secretary of Homeland Security and the
        Secretary of State.''.
            (2) Conforming amendment.--Section 4(b) of such Act (42
        U.S.C. 1973gg-2(b)) is amended by striking ``This Act'' and
        inserting ``Except as provided in section 8(j), this Act''.

SEC. 3. REQUIRING VOTERS TO PROVIDE PHOTO IDENTIFICATION.

    (a) In General.--Section 303(b) of the Help America Vote Act of
2002 (42 U.S.C. 15483(b)) is amended--
            (1) in the heading, by striking ``for Voters Who Register
        by Mail'' and inserting ``for Providing Photo Identification'';
        and
            (2) by striking paragraphs (1) through (3) and inserting
        the following:
            ``(1) Individuals voting in person.--Notwithstanding any
        other provision of law, the appropriate State or local election
        official may not provide a ballot for an election for Federal
        office (including a provisional ballot under section 302(a)) to
        an individual who desires to vote in person unless the
        individual presents to the official a current and valid photo
        identification.
            ``(2) Individuals voting by mail.--Notwithstanding any
        other provision of law, the appropriate State or local election
        official may not accept any ballot for an election for Federal
        office provided by an individual who votes by mail unless the
        individual submits with the ballot a copy of a current and
        valid photo identification.''.
    (b) Conforming Amendments.--Section 303 of such Act (42 U.S.C.
15483) is amended--
            (1) in the heading, by striking ``for voters who register
        by mail'' and inserting ``for providing photo identification'';
        and
            (2) in subsection (c), by striking ``subsections
        (a)(5)(A)(i)(II) and (b)(3)(B)(i)(II)'' and inserting
        ``subsection (a)(5)(A)(i)(II)''.
    (c) Clerical Amendment.--The table of contents of such Act is
amended by amending the item relating to section 303 to read as
follows:

``Sec. 303. Computerized statewide voter registration list requirements
                            and requirements for providing photo
                            identification.''.
    (d) Effective Date.--Section 303(d) of such Act (42 U.S.C.
15483(d)) is amended to read as follows:
    ``(d) Requirement to Provide Photo Identification.--Subsection (b)
shall apply with respect to the regularly scheduled general election
for Federal office held in November 2004 and each succeeding election
for Federal office.''.

SEC. 4. EFFECTIVE DATE.

    This Act and the amendments made by this Act shall apply with
respect to the regularly scheduled general election for Federal office
held in November 2004 and each succeeding election for Federal office.

Summary: Federal Election Integrity Act of 2004 - Amends the National Voter Registration Act of 1993 to require any individual who desires to register or re-register to vote in an election for Federal office to provide the appropriate State election official with proof that the individual is a US citizen. Requires proof of citizenship in States without registration requirement and States permitting same day registration. Amends the Help America Vote Act of 2002 to prohibit the appropriate State or local election official from: (1) providing a ballot for an election for Federal office to an individual who desires to vote in person unless the individual presents to the official a current and valid photo ID. Or (2) accepting any ballot of an individual voting by mail without a copy of a current photo ID.

To amend the National Voter Registration Act of 1993 to require any individual who desires to register or re-register to vote in an election for Federal office to provide the appropriate State election official with proof that the individual is a citizen of the United States to prevent fraud in Federal elections, and for other purposes.


SECTION 1. SHORT TITLE.
    This Act may be cited as the ``Assessing Progress in Haiti Act of
2014''.
SEC. 2. FINDINGS.
    Congress makes the following findings:
        (1) On January 12, 2010, a massive earthquake struck near the
    Haitian capital city of Port-au-Prince, leaving an estimated
    220,000 people dead, including 103 United States citizens, 101
    United Nations personnel, and nearly 18 percent of the nation's
    civil service, as well as 300,000 injured, 115,000 homes destroyed,
    and 1,500,000 people displaced.
        (2) According to the Post Disaster Needs Assessment conducted
    by the Government of Haiti, with technical assistance from the
    United Nations, the World Bank, the Inter-American Development
    Bank, the Economic Commission for Latin America and the Caribbean,
    and the European Commission, an estimated 15 percent of the
    population was directly affected by the disaster and related
    damages and economic losses totaled $7,804,000,000.
        (3) Even before the earthquake, Haiti had some of the lowest
    socioeconomic indicators and the second highest rate of income
    disparity in the world, conditions that have further complicated
    post-earthquake recovery efforts and, according to the World Bank,
    have significantly reduced the prospects of addressing poverty
    reduction through economic growth.
        (4) According to the World Food Programme, more than 6,700,000
    people in Haiti (out of a population of about 10,000,000) are
    considered food insecure.
        (5) In October 2010, an unprecedented outbreak of cholera in
    Haiti resulted in over 500,000 reported cases and over 8,000 deaths
    to date, further straining the capacity of Haiti's public health
    sector and increasing the urgency of resettlement and water,
    sanitation, and hygiene (WASH) efforts.
        (6) The international community, led by the United States and
    the United Nations, mounted an unprecedented humanitarian response
    in Haiti, with donors pledging approximately $10,400,000,000 for
    humanitarian relief and recovery efforts, including debt relief,
    supplemented by $3,100,000,000 in private charitable contributions,
    of which approximately $6,400,000,000 has been disbursed and an
    additional $3,800,000,000 has been committed as of September 30,
    2013.
        (7) The emergency response of the men and women of the United
    States Government, led by the United States Agency for
    International Development (USAID) and the United States Southern
    Command, as well as of cities, towns, individuals, businesses, and
    philanthropic organizations across the United States, was
    particularly swift and resolute.
        (8) Since 2010, a total of $1,300,000,000 in United States
    assistance has been allocated for humanitarian relief and
    $2,300,000,000 has been allocated for recovery, reconstruction, and
    development assistance in Haiti, including $1,140,000,000 in
    emergency appropriations and $95,000,000 that has been obligated
    specifically to respond to the cholera epidemic.
        (9) Of the $3,600,000,000 in United States assistance allocated
    for Haiti, $651,000,000 was apportioned to USAID to support an
    ambitious recovery plan, including the construction of a power
    plant to provide electricity for the new Caracol Industrial Park
    (CIP) in northern Haiti, a new port near the CIP, and permanent
    housing in new settlements in the Port-au-Prince, St-Marc, and Cap-
    Haitien areas.
        (10) According to a recent report of the Government
    Accountability Office, as of June 30, 2013, USAID had disbursed 31
    percent of its reconstruction funds in Haiti, the port project was
    2 years behind schedule and USAID funding will be insufficient to
    cover a majority of the projected costs, the housing project has
    been reduced by 80 percent, and the sustainability of the power
    plant, the port, and the housing projects were all at risk.
        (11) GAO further found that Congress has not been provided with
    sufficient information to ensure that it is able to conduct
    effective oversight at a time when most funding remains to be
    disbursed, and specifically recommends that a periodic reporting
    mechanism be instituted to fill this information gap.
        (12) Donors have encountered significant challenges in
    implementing recovery programs, and nearly 4 years after the
    earthquake, an estimated 171,974 people remain displaced in camps,
    unemployment remains high, corruption is rampant, land rights
    remain elusive, allegations of wage violations are widespread, the
    business climate is unfavorable, and government capacity remains
    weak.
        (13) For Haiti to achieve stability and long term economic
    growth, donor assistance will have to be carefully coordinated with
    a commitment by the Government of Haiti to transparency, a market
    economy, rule of law, and democracy.
        (14) The legal environment in Haiti remains a challenge to
    achieving the goals supported by the international community.
SEC. 3. STATEMENT OF POLICY.
    It is the policy of the United States to support the sustainable
rebuilding and development of Haiti in a manner that--
        (1) promotes efforts that are led by and support the people and
    Government of Haiti at all levels so that Haitians lead the course
    of reconstruction and development of Haiti;
        (2) builds the long term capacity of the Government of Haiti
    and civil society in Haiti;
        (3) reflects the priorities and particular needs of both women
    and men so they may participate equally and to their maximum
    capacity;
        (4) respects and helps restore Haiti's natural resources, as
    well as builds community-level resilience to environmental and
    weather-related impacts;
        (5) provides timely and comprehensive reporting on goals and
    progress, as well as transparent post program evaluations and
    contracting data;
        (6) prioritizes the local procurement of goods and services in
    Haiti where appropriate; and
        (7) promotes the holding of free, fair, and timely elections in
    accordance with democratic principles and the Haitian Constitution.
SEC. 4. SENSE OF CONGRESS.
    It is the sense of Congress that transparency, accountability,
democracy, and good governance are integral factors in any
congressional decision regarding United States assistance, including
assistance to Haiti.
SEC. 5. REPORT.
    (a) In General.--Not later than December 31, 2014, and annually
thereafter through December 31, 2017, the Secretary of State shall
submit to Congress a report on the status of post-earthquake recovery
and development efforts in Haiti.
    (b) Contents.--The report required by subsection (a) shall
include--
        (1) a summary of ``Post-Earthquake USG Haiti Strategy: Toward
    Renewal and Economic Opportunity'', including any significant
    changes to the strategy over the reporting period and an
    explanation thereof;
        (2) a breakdown of the work that the United States Government
    agencies other than USAID and the Department of State are
    conducting in the Haiti recovery effort, and the cost of that
    assistance;
        (3) an assessment of the progress of United States efforts to
    advance the objectives of the ``Post-Earthquake USG Haiti Strategy:
    Toward Renewal and Economic Opportunity'' produced by the
    Department of State, compared to what remains to be achieved to
    meet specific goals, including--
            (A) a description of any significant changes to the
        Strategy over the reporting period and an explanation thereof;
            (B) an assessment of progress, or lack thereof, over the
        reporting period toward meeting the goals and objectives,
        benchmarks, and timeframes specified in the Strategy,
        including--
                (i) a description of progress toward designing and
            implementing a coordinated and sustainable housing
            reconstruction strategy that addresses land ownership,
            secure land tenure, water and sanitation, and the unique
            concerns of vulnerable populations such as women and
            children, as well as neighborhood and community
            revitalization, housing finance, and capacity building for
            the Government of Haiti to implement an effective housing
            policy;
                (ii) a description of United States Government efforts
            to construct and sustain the proposed port, as well as an
            assessment of the current projected timeline and cost for
            completion; and
                (iii) a description of United States Government efforts
            to attract and leverage the investments of private sector
            partners to the CIP, including by addressing any policy
            impediments;
            (C) a description of the quantitative and qualitative
        indicators used to evaluate the progress toward meeting the
        goals and objectives, benchmarks, and timeframes specified in
        the Strategy at the program level;
            (D) the amounts committed, obligated, and expended on
        programs and activities to implement the Strategy, by sector
        and by implementing partner at the prime and subprime levels
        (in amounts of not less than $25,000); and
            (E) a description of the risk mitigation measures put in
        place to limit the exposure of United States assistance
        provided under the Strategy to waste, fraud, and abuse;
        (4) a description of measures taken to strengthen, and United
    States Government efforts to improve, Haitian governmental and
    nongovernmental organizational capacity to undertake and sustain
    United States-supported recovery programs;
        (5) as appropriate, a description of United States efforts to
    consult and engage with Government of Haiti ministries and local
    authorities on the establishment of goals and timeframes, and on
    the design and implementation of new programs under the Post-
    Earthquake USG Haiti Strategy: Toward Renewal and Economic
    Opportunity;
        (6) a description of efforts by Haiti's legislative and
    executive branches to consult and engage with Haitian civil society
    and grassroots organizations on the establishment of goals and
    timeframes, and on the design and implementation of new donor-
    financed programs, as well as efforts to coordinate with and engage
    the Haitian diaspora;
        (7) consistent with the Government of Haiti's ratification of
    the United Nations Convention Against Corruption, a description of
    efforts of the Governments of the United States and Haiti to
    strengthen Government of Haiti institutions established to address
    corruption, as well as related efforts to promote public
    accountability, meet public outreach and disclosure obligations,
    and support civil society participation in anti-corruption efforts;
        (8) a description of efforts to leverage public-private
    partnerships and increase the involvement of the private sector in
    Haiti in recovery and development activities and coordinate
    programs with the private sector and other donors;
        (9) a description of efforts to address the particular needs of
    vulnerable populations, including internally displaced persons,
    women, children, orphans, and persons with disabilities, in the
    design and implementation of new programs and infrastructure;
        (10) a description of the impact that agriculture and
    infrastructure programs are having on the food security,
    livelihoods, and land tenure security of smallholder farmers,
    particularly women;
        (11) a description of mechanisms for communicating the progress
    of recovery and development efforts to the people of Haiti,
    including a description of efforts to provide documentation,
    reporting and procurement information in Haitian Creole;
        (12) a description of the steps the Government of Haiti is
    taking to strengthen its capacity to receive individuals who are
    removed, excluded, or deported from the United States; and
        (13) an assessment of actions necessary to be taken by the
    Government of Haiti to assist in fulfilling the objectives of the
    Strategy.
SEC. 6. STRATEGY.
    (a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State, acting through the
Assistant Secretary of State for Western Hemisphere Affairs, shall
coordinate and transmit to the Committee on Foreign Relations and the
Committee on Appropriations of the Senate and the Committee on Foreign
Affairs and the Committee on Appropriations of the House of
Representatives a three-year Haiti strategy based on rigorous
assessments that--
        (1) identifies and addresses constraints to sustainable, broad-
    based economic growth and to the consolidation of responsive,
    democratic government institutions;
        (2) includes an action plan that outlines policy tools,
    technical assistance, and anticipated resources for addressing the
    highest-priority constraints to economic growth and the
    consolidation of democracy, as well as a specific description of
    mechanisms for monitoring and evaluating progress; and
        (3) identifies specific steps and verifiable benchmarks
    appropriate to provide direct bilateral assistance to the
    Government of Haiti.
    (b) Elements.--The strategy required under subsection (a) should
address the following elements:
        (1) A plan to engage the Government of Haiti on shared
    priorities to build long-term capacity, including the development
    of a professional civil service, to assume increasing
    responsibility for governance and budgetary sustainment of
    governmental institutions.
        (2) A plan to assist the Government of Haiti in holding free,
    fair and timely elections in accordance with democratic principles.
        (3) Specific goals for future United States support for efforts
    to build the capacity of the Government of Haiti, including to-
            (A) reduce corruption;
            (B) consolidate the rule of law and an independent
        judiciary;
            (C) strengthen the civilian police force;
            (D) develop sustainable housing, including ensuring
        appropriate titling and land ownership rights;
            (E) expand port capacity to support economic growth;
            (F) attract and leverage the investments of private sector
        partners, including to the Caracol Industrial Park;
            (G) promote large and small scale agricultural development
        in a manner that reduces food insecurity and contributes to
        economic growth;
            (H) improve access to potable water, expand public
        sanitation services, reduce the spread of infectious diseases,
        and address public health crises;
            (I) restore the natural resources of Haiti, including
        enhancing reforestation efforts throughout the country; and
            (J) gain access to safe, secure, and affordable supplies of
        energy in order to strengthen economic growth and energy
        security.
    (c) Consultation.--In devising the strategy required under
subsection (a), the Secretary should--
        (1) coordinate with all United States Government departments
    and agencies carrying out work in Haiti;
        (2) consult with the Government of Haiti, including the
    National Assembly of Haiti, and representatives of private and
    nongovernmental sectors in Haiti; and
        (3) consult with relevant multilateral organizations,
    multilateral development banks, private sector institutions,
    nongovernmental organizations, and foreign governments present in
    Haiti.
    (d) Briefings.--The Secretary of State, at the request of the
Committee on Foreign Relations of the Senate and the Committee on
Foreign Affairs of the House of Representatives, shall provide a
quarterly briefing that reviews progress of the implementation of the
strategy required under subsection (a).

                               Speaker of the House of Representatives.

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

Summary: This measure has not been amended since it was reported to the Senate on June 26, 2014. Assessing Progress in Haiti Act of 2014 - Expresses the sense of Congress that transparency, accountability, democracy, and good governance are integral factors in any congressional decision regarding US assistance, including assistance to Haiti. Directs the Secretary of State to report to Congress annually through December 31, 2017, on the status of post-earthquake recovery and development efforts in Haiti. Directs the Secretary, through the Assistant Secretary of State for Western Hemisphere Affairs, to coordinate and transmit to Congress a three-year Haiti strategy that: (1) identifies constraints to economic growth and to consolidation of democratic government institutions. (2) includes an action plan that outlines policy tools, technical assistance, and resources for addressing the highest-priority constraints. And (3) identifies specific steps and benchmarks to provide direct bilateral assistance to the government of Haiti.

Assessing Progress in Haiti Act of 2014


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Construction Quality Assurance Act
of 2009''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) In the construction industry, specialty subcontractors
        now perform the majority of construction work, in certain cases
        100 percent of the work, under the management of a prime
        contractor, making the subcontractors' price and performance
        the key determinant in the overall cost of construction
        projects, including those performed for the Federal Government.
            (2) Detrimental practices known as ``bid shopping'' and
        ``bid peddling'' exist in the construction industry, including
        construction projects for the Federal Government.
            (3) ``Bid shopping'' occurs when a contractor, after award
        of a contract, contracts with subcontractors at a price less
        than the quoted price of the subcontractor upon which the
        contractor's fixed bid price was based, in order to increase
        the contractor's profit on the project without any benefit to
        the entity for which the contract is being performed.
            (4) ``Bid peddling'' occurs when a subcontractor that is
        not selected for inclusion in a contractor's team seeks to
        induce the contractor, after award of the contract, to
        substitute the subcontractor for another subcontractor whose
        bid price was reflected in the successful bid of the contractor
        by offering to reduce its price for performance of the
        specified work, suggesting that the previous offer of the
        subcontractor was padded or incorrect.
            (5) Bid shopping and bid peddling--
                    (A) threaten the integrity of the competitive bid
                system for construction that benefits the Federal
                Government, the construction industry, and the economy
                of the United States as a whole;
                    (B) compromise national security by promoting
                uncertainty about which contractors actually perform
                work on critical infrastructure projects;
                    (C) deprive taxpayers of the benefits of full and
                open competition among prospective contractors and
                subcontractors for the performance of Federal
                construction projects;
                    (D) expose Federal construction projects to the
                dangers of substandard performance, substitution of
                lower quality materials, and other detrimental cost-
                cutting practices by an unscrupulous substituted
                subcontractor; and
                    (E) can be effectively deterred in Federal
                construction by modifying the Federal Acquisition
                Regulation to require bid listing, which is the
                practice of requiring each offeror for a Federal
                construction contract to list the subcontractors whose
                performance is reflected in the bid price, procedures
                for the substitution of listed subcontractors for good
                cause, and other deterrents to abuse.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Contract.--The term ``contract'' means any contract
        with the Federal Government, exceeding $1,000,000 in amount,
        for the construction, alteration, or repair of any public
        building or public work of the United States.
            (2) Contractor.--The term ``contractor'' means an
        individual or entity that has been awarded or is seeking to be
        awarded a construction contract by the Federal Government.
            (3) Subcontractor.--The term ``subcontractor'' means an
        individual or entity that subcontracts with a contractor in an
        amount in excess of $100,000 for work on a contract.

SEC. 4. REQUIREMENTS REGARDING SUBCONTRACTORS FOR FEDERAL CONTRACTORS
              ON CONSTRUCTION PROJECTS.

    (a) Requirement To List Subcontractors.--
            (1) In general.--Each solicitation by an executive agency
        for the procurement of construction in an amount in excess of
        $1,000,000 shall require each bidder to submit as part of its
        bid the name, location of the place of business, and nature of
        the work of each subcontractor with whom the bidder, if awarded
        the contract, will subcontract for work in an amount in excess
        of $100,000 on the contract.
            (2) Requirements for specific categories.--
                    (A) Except as provided in subparagraphs (B) and
                (C), the bidder shall list only one subcontractor for
                each category of work as defined by the bidder in its
                bid or proposal.
                    (B) A bidder may list multiple subcontractors for a
                category of work if each such subcontractor is listed
                to perform a discrete portion of the work within a
                category.
                    (C) A bidder may list itself for any portion of
                work under the contract, which shall be deemed a
                representation by the bidder that it is fully qualified
                to perform that portion of the work itself and that the
                bidder will perform that portion itself.
            (3) Result of failure to list subcontractors.--An executive
        agency shall consider any bidder that fails to list
        subcontractors in accordance with this Act and the regulations
        promulgated pursuant to section 7 of this Act to be non-
        responsive and bids by such bidders shall not be considered.
    (b) Procedures for Substitution of a Listed Subcontractor.--
            (1) Consent and good cause required.--No contractor shall
        substitute a subcontractor in place of the subcontractor listed
        in the original bid or proposal, except with the consent of the
        contracting officer for good cause.
            (2) Examples of good cause.--Good cause under paragraph (1)
        shall include the following:
                    (A) Failure of the subcontractor to execute a
                written contract after a reasonable period if such
                written contract, based upon the terms, conditions,
                plans, and specifications of the contract and the terms
                of the subcontractor's bid or proposal, is presented to
                the subcontractor by the contractor.
                    (B) Bankruptcy of the subcontractor.
                    (C) The death or physical disability of the
                subcontractor, if the subcontractor is an individual.
                    (D) Dissolution of the subcontractor, if the
                subcontractor is a corporation or partnership.
                    (E) Failure of a subcontractor to meet the surety
                bond requirements specified by the bidder as a
                condition of the subcontractor to perform on the
                contract, if awarded to the bidder.
                    (F) The subcontractor is ineligible to perform on
                the subcontract because the subcontractor is suspended,
                debarred, or otherwise ineligible to perform.
                    (G) A series of failures by the subcontractor to
                perform in accordance with the specification, terms,
                and conditions of its subcontract resulting in the
                withholding of amounts requested by the subcontractor
                in accordance with section 3905 of title 31, United
                States Code, and the regulations implementing such
                section.
                    (H) Failure of the subcontractor to comply with a
                requirement of law applicable to the subcontractor.
                    (I) Failure or refusal of the subcontractor to
                perform the subcontract.
            (3) Requests for substitution.--A request of a contractor
        for a substitution of a listed subcontractor shall be submitted
        in writing to the contracting officer and shall include the
        reasons for the request. The contractor shall provide a copy of
        its request for substitution to the listed subcontractor by any
        means that provides written third-party verification of
        delivery to the last known address of the subcontractor. A
        subcontractor who has been so notified shall have five working
        days within which to submit written objections to the
        substitution to the contracting officer. Failure to file such
        written objections shall constitute the consent of the listed
        subcontractor to the substitution.
    (c) Limitation on Assignment, Transfer, or Substitution.--
            (1) Limitation on assignment or transfer.--No contractor
        shall permit any subcontract to be voluntarily assigned or
        transferred or to be performed by any entity other than the
        subcontractor listed in the bid or proposal without the consent
        of the contracting officer. Consent of the contracting officer
        to a contractor for a substitution shall--
                    (A) be promptly made in writing; and
                    (B) be included in the contract file.
            (2) Limitation on substitution.--No contractor that listed
        itself for a portion of the work under the contract shall
        subcontract any portion of the work for which it listed itself,
        unless authorized by the contracting officer to substitute one
        or more subcontractors to perform such work.

SEC. 5. PENALTIES.

    (a) In General.--
            (1) A contractor shall be subject to penalties if, without
        obtaining the approval of the contracting officer, the
        contractor--
                    (A) replaces a listed subcontractor for a contract
                with an executive agency; or
                    (B) awards a subcontract to a subcontractor to
                perform work which the contractor had identified as
                work to be performed directly by the contractor.
            (2) A subcontractor shall also be subject to penalties if
        the subcontractor is determined to have knowingly participated
        in the failure of the contractor to comply with the regulatory
        provisions relating to the substitution of a listed
        subcontractor.
    (b) Amount of Penalties To Be Imposed.--The amount of penalties
imposed under this section shall be equal to the greater of--
            (1) 10 percent of the amount of the bid by the listed
        subcontractor;
            (2) the difference between the amount of the bid by the
        listed subcontractor and the amount of the bid by the
        substituted subcontractor; or
            (3) the difference between the amount of the bid by a
        substituted subcontractor and the dollar value specified by the
        contractor for the work which the contractor had listed for its
        own performance.
    (c) Source of Funds for Penalties.--Penalties assessed pursuant to
this section shall be deducted from the remaining unpaid contract
balance and deposited into the fund from which the contract was
awarded.

SEC. 6. GROUNDS FOR SUSPENSION OR DEBARMENT.

    The imposition of penalties on a contractor or subcontractor for
failure to comply with the procedures for the substitution of
subcontractors on 2 contracts within a 3-year period shall be deemed to
be adequate evidence of the commission of an offense indicating a lack
of business integrity or business honesty that seriously and directly
affects the present responsibility of a Government contractor within
the meaning of part 9.4 of the Federal Acquisition Regulation
(Debarment, Suspension, and Eligibility) (48 CFR 9.4).

SEC. 7. IMPLEMENTATION THROUGH THE FEDERAL ACQUISITION REGULATION.

    (a) Proposed Revisions.--Proposed revisions to the Government-wide
Federal Acquisition Regulation to implement the provisions in this Act
shall be published not later than 120 days after the date of the
enactment of this Act and provide not less than 60 days for public
comment.
    (b) Final Regulations.--Final regulations shall be published not
less than 180 days after the date of the enactment of this Act and
shall be effective on the date that is 30 days after the date of
publication.

Summary: Construction Quality Assurance Act of 2009 - Requires each solicitation by an executive agency for the procurement of construction in excess of $1 million to require each bidder to submit the name, business location, and nature of work of each subcontractor with whom such bidder will subcontract for work in excess of $100,000. Deems to be non-responsive, and prohibits consideration of, any bidder that fails to list such subcontractors. Prohibits a contractor from substituting another subcontractor for a listed subcontractor, permitting any subcontract to be voluntarily assigned or transferred, or subcontracting work for which the contractor listed itself, without the contracting officer's consent. Sets forth: (1) examples of good cause and procedures required for substitution requests. And (2) penalties for violations of such prohibitions, including suspension or debarment from federal contracts for multiple violations. Requires revisions to the Federal Acquisition Regulation to implement this Act.

To assure quality and best value with respect to Federal construction projects by prohibiting the practice known as bid shopping.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Oceanic and Atmospheric
Administration Atmospheric and Satellite Program Authorization Act of
1993''.

                TITLE I--AUTHORIZATION OF APPROPRIATIONS

SEC. 101. NATIONAL WEATHER SERVICE.

    (a) Operations and Research.--There are authorized to be
appropriated to the Secretary of Commerce (in this Act referred to as
the ``Secretary'') to enable the National Oceanic and Atmospheric
Administration to carry out the operations and research duties of the
National Weather Service, $473,256,000 for fiscal year 1994 and
$492,185,000 for fiscal year 1995. Such duties include meteorological,
hydrological, and oceanographic public warnings and forecasts, as well
as applied research in support of such warnings and forecasts.
    (b) Systems Acquisition.--There are authorized to be appropriated
to the Secretary to enable the National Oceanic and Atmospheric
Administration to carry out the public warning and forecast systems
duties of the National Weather Service, $76,299,000 for fiscal year
1994 and $14,600,000 for fiscal year 1995. Such duties include the
development, acquisition, and implementation of major public warning
and forecast systems. None of the funds authorized under this
subsection shall be used for the purposes for which funds are
authorized under section 102(b) of the National Oceanic and Atmospheric
Administration Authorization Act of 1992 (Public Law 102-567). None of
the funds authorized under this subsection for fiscal year 1995 shall
be used for the purposes for which funds are authorized under
subsections (c) and (d) of this section. No funds may be expended for
Next Generation Doppler Weather Radar (NEXRAD) until the requirements
of paragraph (2)(A) or (B) of such section 102(b) have been fulfilled
by the Secretary. None of the funds authorized by such section 102(b)
shall be expended for a particular NEXRAD installation unless--
            (1) it is identified as a National Weather Service NEXRAD
        installation in the National Implementation Plan for
        modernization of the National Weather Service for fiscal year
        1994, required under section 703 of the National Oceanic and
        Atmospheric Administration Authorization Act of 1992 (Public
        Law 102-567);
            (2) the Secretary, in consultation with the Modernization
        Transition Committee established under section 707 of the
        National Oceanic and Atmospheric Administration Authorization
        Act of 1992, has made a determination of technical and
        programmatic necessity with respect to such installation and a
        period of 60 legislative days after the transmittal to the
        Congress of such determination, or the period between such
        transmittal and the next October 1, whichever period is longer,
        has passed; or
            (3) it is to be used only for spare parts, not as an
        installation at a particular site.
For purposes of this subsection, the term ``legislative day'' means any
day on which either House of Congress is in session.
    (c) ASOS Complete Program Authorization.--(1) Except as provided in
paragraph (2), there are authorized to be appropriated to the Secretary
for all fiscal years beginning after September 30, 1994, an aggregate
of $30,808,000, to remain available until expended, to complete the
acquisition and deployment of--
            (A) the Automated Surface Observing System and related
        systems, including multisensor and backup arrays for National
        Weather Service sites at airports; and
            (B) Automated Meteorological Observing System and Remote
        Automated Meteorological Observing System replacement units,
and to cover all associated activities, including program management
and operations and maintenance through September 30, 1996.
    (2) No funds are authorized to be appropriated for any fiscal year
under paragraph (1) unless, within 60 days after the submission of the
President's budget request for such fiscal year, the Secretary--
            (A) certifies to the Congress that--
                    (i) the systems meet the technical performance
                specifications included in the system contract as in
                effect on February 20, 1991;
                    (ii) the systems can be fully deployed, sited, and
                operational without requiring further appropriations
                beyond amounts authorized under paragraph (1); and
                    (iii) the Secretary does not foresee any delays in
                the systems deployment and operations schedule; or
            (B) submits to the Congress a report which describes--
                    (i) the circumstances which prevent a certification
                under subparagraph (A);
                    (ii) remedial actions undertaken or to be
                undertaken with respect to such circumstances;
                    (iii) the effects of such circumstances on the
                systems deployment and operations schedule and systems
                coverage; and
                    (iv) a justification for proceeding with the
                program, if appropriate.
    (d) AWIPS Complete Program Authorization.--(1) Except as provided
in paragraph (2), there are authorized to be appropriated to the
Secretary for all fiscal years beginning after September 30, 1994, an
aggregate of $315,887,000, to remain available until expended, to
complete the acquisition and deployment of the Advanced Weather
Interactive Processing System and NOAA Port and to cover all associated
activities, including program management and operations and maintenance
through September 30, 1999.
    (2) No funds are authorized to be appropriated for any fiscal year
under paragraph (1) unless, within 60 days after the submission of the
President's budget request for such fiscal year, the Secretary--
            (A) certifies to the Congress that--
                    (i) the systems meet the technical performance
                specifications included in the system contract as in
                effect on January 5, 1993;
                    (ii) the systems can be fully deployed, sited, and
                operational without requiring further appropriations
                beyond amounts authorized under paragraph (1); and
                    (iii) the Secretary does not foresee any delays in
                the systems deployment and operations schedule; or
            (B) submits to the Congress a report which describes--
                    (i) the circumstances which prevent a certification
                under subparagraph (A);
                    (ii) remedial actions undertaken or to be
                undertaken with respect to such circumstances;
                    (iii) the effects of such circumstances on the
                systems deployment and operations schedule and systems
                coverage; and
                    (iv) a justification for proceeding with the
                program, if appropriate.
    (e) Construction of Weather Forecast Offices.--There are authorized
to be appropriated to the Secretary to enable the National Oceanic and
Atmospheric Administration to carry out construction, repair, and
modification activities relating to new and existing weather forecast
offices, $62,784,000 for fiscal year 1994 and $14,739,000 for fiscal
year 1995. Such activities include planning, design, and land
acquisition related to such offices.

SEC. 102. ATMOSPHERIC RESEARCH.

    (a) Climate and Air Quality Research.--
            (1) In general.--There are authorized to be appropriated to
        the Secretary to enable the National Oceanic and Atmospheric
        Administration to carry out its climate and air quality
        research duties, $105,922,000 for fiscal year 1994 and
        $138,737,000 for fiscal year 1995. Such duties include
        interannual and seasonal climate research and long-term climate
        and air quality research.
            (2) Climate and global change.--Of the sums authorized
        under paragraph (1), $66,902,000 for fiscal year 1994 and
        $84,573,000 for fiscal year 1995 are authorized to be
        appropriated for the purposes of studying climate and global
        change, including global observations, monitoring, and data and
        information management relating to the study of changes in the
        Earth's climatic system, and fundamental research on oceanic
        and atmospheric processes critical to climate prediction and
        diagnostics.
    (b) Atmospheric Programs.--There are authorized to be appropriated
to the Secretary to enable the National Oceanic and Atmospheric
Administration to carry out its atmospheric research duties,
$42,103,000 for fiscal year 1994 and $52,980,000 for fiscal year 1995.
Such duties include research for developing improved prediction
capabilities for atmospheric processes, as well as solar-terrestrial
research and services.

SEC. 103. NATIONAL ENVIRONMENTAL SATELLITE, DATA, AND INFORMATION
              SERVICE.

    (a) Satellite Observing Systems.--There are authorized to be
appropriated to the Secretary to enable the National Oceanic and
Atmospheric Administration to carry out its satellite observing systems
duties, $206,383,000 for fiscal year 1994 and $217,710,000 for fiscal
year 1995, except that no funds may be expended for Geostationary
Operational Environmental Satellite until the requirements of section
105(d)(2) (A) or (B) of the National Oceanic and Atmospheric
Administration Authorization Act of 1992 (Public Law 102-567) have been
fulfilled by the Secretary. Such duties include spacecraft procurement,
launch, and associated ground station systems involving polar orbiting
and geostationary environmental satellites, as well as the operation of
such satellites. None of the funds authorized under this subsection
shall be used for the purposes for which funds are authorized under
section 105(d) of the National Oceanic and Atmospheric Administration
Authorization Act of 1992 (Public Law 102-567). None of the funds
authorized under this subsection for fiscal year 1995 shall be used for
the purposes for which funds are authorized under subsection (b) of
this section.
    (b) POES Complete Program Authorization.--(1) Except as provided in
paragraph (2), there are authorized to be appropriated to the Secretary
for all fiscal years beginning after September 30, 1994, an aggregate
of $196,343,000, to remain available until expended, to complete the
procurement of Polar Orbiting Environmental Satellites J, K, L, and M,
and the procurement of the launching and supporting ground systems of
such satellites.
    (2) No funds are authorized to be appropriated for any fiscal year
under paragraph (1) unless, within 60 days after the submission of the
President's budget request for such fiscal year, the Secretary--
            (A) certifies to the Congress that--
                    (i) the satellite instruments meet the technical
                performance specifications included in the satellite
                contracts as in effect on July 27, 1988;
                    (ii) the procurements can be completed without
                requiring further appropriations beyond amounts
                authorized under paragraph (1); and
                    (iii) the Secretary does not foresee any gaps in
                two-satellite service operations resulting from
                nonperformance of the satellite contract; or
            (B) submits to the Congress a report which describes--
                    (i) the circumstances which prevent a certification
                under subparagraph (A);
                    (ii) remedial actions undertaken or to be
                undertaken with respect to such circumstances;
                    (iii) the effects of such circumstances on the
                launch schedule and satellite coverage; and
                    (iv) a justification for proceeding with the
                program, if appropriate.
    (3) No funds for Polar Orbiting Environmental Satellites, other
than for Polar Orbiting Environmental Satellites J, K, L, and M, are
authorized to be appropriated under subsection (a) unless the Director
of the Office of Science and Technology Policy submits an
implementation plan for a single operational polar environmental and
weather satellite system and the policy for polar satellite system
convergence with the European Organization for the Exploitation of
Meteorological Satellites (EUMETSAT).
    (c) Environmental Data and Information Services.--There are
authorized to be appropriated to the Secretary to enable the National
Oceanic and Atmospheric Administration to carry out its environmental
data and information services duties, $34,068,000 for fiscal year 1994
and $41,227,000 for fiscal year 1995. Such duties include climate data
services, geophysical data services, and environmental assessment and
information services.

SEC. 104. PROGRAM SUPPORT.

    (a) Administration and Services.--There are authorized to be
appropriated to the Secretary for Administration and Services,
$73,319,000 for fiscal year 1994 and $76,252,000 for fiscal year 1995.
    (b) Aircraft Services.--There are authorized to be appropriated to
the Secretary for Aircraft Services and Aircraft Critical Safety and
Instrumentation, $9,495,000 for fiscal year 1994 and $9,875,000 for
fiscal year 1995.

SEC. 105. LIMITATION ON APPROPRIATIONS.

    Notwithstanding any other provision of law, except as provided in
section 101(c) and (d) and section 103(b), no funds are authorized to
be appropriated for any fiscal year after fiscal year 1995 for carrying
out the programs for which funds are authorized by this Act. This
section shall not apply to the programs described in section 102(a)(2)
or section 104(a).

                   TITLE II--MISCELLANEOUS PROVISIONS

SEC. 201. STRATEGIC PLAN FOR ENVIRONMENTAL RESEARCH LABORATORIES.

    (a) Assessment.--The Secretary shall conduct an assessment of the
long-term role and mission of the Environmental Research Laboratories
of the National Oceanic and Atmospheric Administration and the
relevance of the research conducted therein to issues of global and
national importance. In conducting such assessment, the Secretary shall
take into consideration--
            (1) the adequacy of resources provided to support the
        missions of the Environmental Research Laboratories;
            (2) the ability of the Environmental Research Laboratories
        to provide research support for the coastal and ocean
        management and regulatory responsibilities of the National
        Oceanic and Atmospheric Administration;
            (3) the capacity of the Environmental Research Laboratories
        to process and disseminate environmental data and information
        collected and processed, or expected to be collected and
        processed, by the National Oceanic and Atmospheric
        Administration and other appropriate Federal departments and
        agencies;
            (4) the mission of the Environmental Research Laboratories
        to provide solar-terrestrial services to the Nation;
            (5) the ability of the Environmental Research Laboratories
        to provide continued support for the modernization of weather
        services;
            (6) the responsibilities of the Environmental Research
        Laboratories to monitor, assess, and predict changes in the
        Earth's climate;
            (7) the capability of the Environmental Research
        Laboratories to integrate and interpret scientific data in
        order to provide information useful to policy makers for
        responding to national and global environmental concerns;
            (8) the operational efficiency and effectiveness of the
        Environmental Research Laboratories;
            (9) the interaction of the Environmental Research
        Laboratories with the academic community, including Joint and
        Cooperative Institutes, and the ability of these interactions
        to improve the quality and effectiveness of research;
            (10) the number, location, and geographic distribution of
        the Environmental Research Laboratories; and
            (11) any other issues that the Secretary may identify.
    (b) Comprehensive Strategic Plan.--Not later than 1 year after the
date of enactment of this Act, the Secretary shall develop and submit
to the Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Science, Space, and Technology and the Committee
on Merchant Marine and Fisheries of the House of Representatives a
comprehensive strategic plan, based on the assessment conducted under
subsection (a), to modernize and improve the role and mission of the
Environmental Research Laboratories of the National Oceanic and
Atmospheric Administration. The assessment conducted under subsection
(a) shall be submitted along with such plan.

SEC. 202. HYDROLOGICAL RESEARCH AND FLOOD FORECAST MODERNIZATION
              REPORT.

    (a) In General.--Not later than 6 months after the date of
enactment of this Act, the Secretary, in consultation with the heads of
other appropriate Federal agencies, shall prepare and submit to the
Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Science, Space, and Technology of the House of
Representatives a report identifying the actions required to improve
the hydrological research programs and to modernize the Flood
Forecasting System of the National Weather Service.
    (b) Report Contents.--The report required under subsection (a)
shall include consideration of--
            (1) current, planned, and potential technological
        improvements in the collection of observational hydrological
        data;
            (2) use of additional satellite remote-sensing data and
        airborne surveys, including those systems operated by other
        Federal agencies, for hydrological data collection;
            (3) improvements in data analysis and computer modeling in
        support of flood forecasts and predictions; and
            (4) full integration of the River Forecast Centers in the
        National Weather Service Modernization Plan.

SEC. 203. SENSE OF CONGRESS.

    It is the sense of Congress that any transfers of National Weather
Service employees from field offices necessitated by the National
Implementation Plan for Modernization of the National Weather Service
be carried out in a manner that will not result in the degradation of
services in the service area of such field office.

            Passed the House of Representatives November 20, 1993.

            Attest:

                                           DONNALD K. ANDERSON,

                                                                 Clerk.

                      By Dallas L. Dendy, Jr.,

                                                Assistant to the Clerk.

HR 2811 RFS----2

Summary: National Oceanic and Atmospheric Administration Atmospheric and Satellite Program Authorization Act of 1993 - Title I: Authorization of Appropriations - Authorizes appropriations to the Secretary of Commerce for: (1) the National Weather Service, (2) atmospheric research. (3) national environmental data and information services and satellite observing systems. And (4) program support . Title II: Miscellaneous Provisions - Directs the Secretary to: (1) develop a strategic plan for the National Oceanic and Atmospheric Administration's environmental research laboratories. And (2) prepare a hydrological research and flood forecasting modernization report. Expresses the sense of the Congress that any transfers of National Weather Service field office employees necessitated by the National Implementation Plan for Modernization of the National Weather Service be carried out in a manner that will not degrade field services.


SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Strengthening the
Transition and Reintegration Of the National Guard and Reserves Act''
or the ``STRONGR Act''.
    (b) Table of Contents.--The table of contents for this Act is as
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Extension of transitional health care coverage to one year for
                            members of reserve components for mental
                            health care.
Sec. 3. Increase in amount of basic educational assistance for members
                            of the Selected Reserve and members of
                            reserve components supporting contingency
                            operations.
Sec. 4. Nonreduction in pay while Federal employee is serving on active
                            duty in a reserve component of the
                            uniformed services.
Sec. 5. Assistance for State and local governments that continue to pay
                            employees who serve on active duty in a
                            reserve component of the uniformed
                            services.
Sec. 6. Active-duty reserve component employee credit added to general
                            business credit.

SEC. 2. EXTENSION OF TRANSITIONAL HEALTH CARE COVERAGE TO ONE YEAR FOR
              MEMBERS OF RESERVE COMPONENTS FOR MENTAL HEALTH CARE.

    Section 1145(a) of title 10, United States Code, is amended in
paragraph (3)--
            (1) by inserting ``(A)'' after ``(3)''; and
            (2) by adding at the end the following new subparagraph:
            ``(B) In addition to the period described in subparagraph
        (A), transitional health care shall be available for an
        additional 180 days, for mental health care only, to a member
        of a reserve component described in paragraph (2)(B). The
        additional 180 days shall begin at the end of the period
        described in subparagraph (A).''.

SEC. 3. INCREASE IN AMOUNT OF BASIC EDUCATIONAL ASSISTANCE FOR MEMBERS
              OF THE SELECTED RESERVE AND MEMBERS OF RESERVE COMPONENTS
              SUPPORTING CONTINGENCY OPERATIONS.

    (a) Members of Selected Reserve.--
            (1) Increase in amount of assistance.--Section 16131(b) of
        title 10, United States Code, is amended--
                    (A) in paragraph (1), by striking ``at the
                following rates'' and all that follows through the end
                and inserting ``at the rate provided under paragraph
                (2).''; and
                    (B) in paragraph (2), by striking all and inserting
                the following:
    ``(2)(A) Educational assistance provided under this chapter shall
be paid at a rate equal the applicable percentage under subparagraph
(B) of the rate provided under section 3015(a) of title 38 for an
approved program of education pursued on a full-time basis.
    ``(B) The applicable percentage under this subparagraph is--
            ``(i) 50 percent for each month in which the individual
        pursues an approved program of education on a full time basis;
            ``(ii) 37.5 percent for each month in which the individual
        pursues an approved program of education on a three-quarter-
        time basis;
            ``(iii) 25 percent for each month in which the individual
        pursues an approved program of education on a half-time basis;
        and
            ``(iv) an appropriately reduced percent, as determined
        under regulations which the Secretary of Veterans Affairs shall
        prescribe, for each month in which the individual pursues an
        approved program of education on less than a half-time basis,
        except that no payment may be made to an individual for a month
        in which the individual pursues such a program on less than a
        half-time basis if tuition assistance is otherwise available to
        the individual for such pursuit from the military department
        concerned.''.
            (2) Effective date.--The amendments made by paragraph (1)
        shall apply with respect to an educational assistance allowance
        under section 16131(b) of such title paid for months beginning
        after the date of the enactment of this Act.
    (b) Reserve Components Supporting Contingency Operations.--
            (1) Increase in amount.--Section 16162(c)(4) of title 10,
        United States Code, is amended--
                    (A) in subparagraph (A) by striking ``40 percent''
                and inserting ``60 percent''; and
                    (B) in subparagraph (B) by striking ``60 percent''
                and inserting ``70 percent''.
            (2) Effective date.--The amendments made by paragraph (1)
        shall apply with respect to an educational assistance allowance
        under section 16162(c)(4) of such title paid for months
        beginning after the date of the enactment of this Act.

SEC. 4. NONREDUCTION IN PAY WHILE FEDERAL EMPLOYEE IS SERVING ON ACTIVE
              DUTY IN A RESERVE COMPONENT OF THE UNIFORMED SERVICES.

    (a) In General.--Subchapter IV of chapter 55 of title 5, United
States Code, is amended by adding at the end the following new section:
``Sec. 5538. Nonreduction in pay while serving on active duty in a
              reserve component
    ``(a) An employee who is also a member of a reserve component and
is absent from a position of employment with the Federal Government
under a call or order to serve on active duty for a period of more than
30 days shall be entitled to receive, for each pay period described in
subsection (b), an amount equal to the amount by which--
            ``(1) the amount of civilian basic pay that would otherwise
        have been payable to the employee for such pay period if the
        employee's civilian employment with the Government had not been
        interrupted by the service on active duty, exceeds (if at all)
            ``(2) the amount of military compensation that is payable
        to the employee for the service on active duty and is allocable
        to such pay period.
    ``(b)(1) Amounts under this section shall be payable with respect
to each pay period (which would otherwise apply if the employee's
civilian employment had not been interrupted) that occurs--
            ``(A) while the employee serves on active duty for a period
        of more than 30 days;
            ``(B) while the employee is hospitalized for, or
        convalescing from, an illness or injury incurred in, or
        aggravated during, the performance of such active duty; or
            ``(C) during the 14-day period beginning at the end of such
        active duty or the end of the period referred to in
        subparagraph (B).
    ``(2) Paragraph (1) shall not apply with respect to a pay period
for which the employee receives civilian basic pay (including by taking
any annual, military, or other paid leave) to which the employee is
entitled by virtue of the employee's civilian employment with the
Government.
    ``(c) Any amount payable under this section to an employee shall be
paid--
            ``(1) by the employing agency of the employee;
            ``(2) from the appropriation or fund that would be used to
        pay the employee if the employee were in a pay status; and
            ``(3) to the extent practicable, at the same time and in
        the same manner as would civilian basic pay if the employee's
        civilian employment had not been interrupted.
    ``(d) In consultation with Secretary of Defense, the Office of
Personnel Management shall prescribe such regulations as may be
necessary to carry out this section.
    ``(e)(1) In consultation with the Office, the head of each agency
referred to in section 2302(a)(2)(C)(ii) shall prescribe procedures to
ensure that the rights under this section apply to the employees of
such agency.
    ``(2) The Administrator of the Federal Aviation Administration
shall, in consultation with the Office, prescribe procedures to ensure
that the rights under this section apply to the employees of that
agency.
    ``(f) For the purpose of this section--
            ``(1) the terms `active duty for a period of more than 30
        days', `member', and `reserve component' have the meanings
        given such terms in section 101 of title 37;
            ``(2) the term `civilian basic pay' includes any amount
        payable under section 5304;
            ``(3) the term `employing agency', as used with respect to
        an employee entitled to any payments under this section, means
        the agency or other entity of the Government (including an
        agency referred to in section 2302(a)(2)(C)(ii)) with respect
        to which the employee has reemployment rights under chapter 43
        of title 38; and
            ``(4) the term `military compensation' has the meaning
        given the term `pay' in section 101(21) of title 37.''.
    (b) Clerical Amendment.--The table of sections at the beginning of
chapter 55 of title 5, United States Code, is amended by inserting
after the item relating to section 5537 the following new item:

``5538. Nonreduction in pay while serving on active duty in a reserve
                            component.''.
    (c) Application of Amendment.--Section 5538 of title 5, United
States Code, as added by subsection (a), shall apply with respect to
pay periods (as described in subsection (b) of such section) beginning
on or after the date of the enactment of this Act.

SEC. 5. ASSISTANCE FOR STATE AND LOCAL GOVERNMENTS THAT CONTINUE TO PAY
              EMPLOYEES WHO SERVE ON ACTIVE DUTY IN A RESERVE COMPONENT
              OF THE UNIFORMED SERVICES.

    (a) In General.--Chapter 17 of title 37, United States Code, is
amended by adding at the end the following new section:
``Sec. 911. Assistance for State and local governments that continue to
              pay employees who serve on active duty
    ``(a) Continuation of Civilian Basic Pay.--It is the purpose of
this section to encourage States and local governments to continue to
pay a portion of the civilian compensation of those employees who are
also members of a reserve component and are absent from a position of
employment with the State or local government under a call or order to
serve on active duty for a period of more than 30 days so that the
employees receive compensation in an amount that, when taken together
with their military pay, is at least equal to their civilian
compensation.
    ``(b) Reimbursement Offered.--(1) At the request of a State or
local government that continues to pay all or a portion of the civilian
compensation of an employee described in subsection (a), the Secretary
concerned shall reimburse the State or local government for 50 percent
of the civilian compensation paid by the State or local government for
each pay period described in subsection (c), but not to exceed 50
percent of the difference (if any) between--
            ``(A) the amount of civilian compensation that would
        otherwise have been payable to the employee for such pay period
        if the employee's civilian employment with the State or local
        government had not been interrupted by the service on active
        duty; and
            ``(B) the amount of military pay that is payable to the
        employee for the service on active duty and is allocable to
        such pay period.
    ``(2) If the pay periods described in subsection (c) extend more
than nine consecutive months after the first day of the first month
during which the employee began to serve on active duty for a period of
more than 30 days, the reimbursement rate shall become 100 percent for
the subsequent payments. However, as is the case under paragraph (1),
reimbursement shall be provided only for the difference (if any)
between--
            ``(A) the amount of civilian compensation that would
        otherwise have been payable to the employee for such pay period
        if the employee's civilian employment with the State or local
        government had not been interrupted by the service on active
        duty; and
            ``(B) the amount of military pay that is payable to the
        employee for the service on active duty and is allocable to
        such pay period.
    ``(c) Pay Periods.--Reimbursement shall be provided under this
section with respect to each pay period (which would otherwise apply if
the employee's civilian employment had not been interrupted) that
occurs--
            ``(1) while the employee serves on active duty for a period
        of more than 30 days;
            ``(2) while the employee is hospitalized for, or
        convalescing from, an illness or injury incurred in, or
        aggravated during, the performance of such active duty; or
            ``(3) during the 14-day period beginning at the end of such
        active duty or the end of the period referred to in
        subparagraph (B).
    ``(d) Effect of Failure To Return to Employment.--(1) If an
employee described in subsection (a), with respect to whom
reimbursement is provided to a State or local government under this
section, fails to report or apply for employment or reemployment with
the State or local government by the end of the period referred to in
subsection (c)(3), the employee shall refund to the Secretary concerned
the total amount of the reimbursement provided with respect to the
employee.
    ``(2) Subject to paragraph (3), an obligation to refund moneys to
the United States imposed under paragraph (1) is for all purposes a
debt owed to the United States.
    ``(3) The Secretary concerned may waive, in whole or in part, a
refund required under paragraph (1) if the Secretary concerned
determines that recovery would be against equity and good conscience or
would be contrary to the best interests of the United States.
    ``(4) A discharge in bankruptcy under title 11 that is entered less
than five years after the end of the period referred to in subsection
(c)(3) does not discharge the employee from a debt arising under
paragraph (1). This paragraph applies to any case commenced under title
11 after the date of the enactment of this section.
    ``(e) Regulations.--The Secretaries concerned shall prescribe
regulations to carry out this section.
    ``(f) Definitions.--In this section:
            ``(1) The term `civilian compensation' means the wages or
        salary that an employee of a State or local government normally
        receives from the employee's employment by the State or local
        government.
            ``(2) The term `local government' means an agency or
        political subdivision of a State.
            ``(3) The term `military pay' has the meaning given the
        term `pay' in section 101(21) of this title.
            ``(4) The term `State' means each of the several States of
        the United States, the District of Columbia, the Commonwealth
        of Puerto Rico, Guam, the Virgin Islands, and other territories
        or possessions of the United States.''.
    (b) Clerical Amendment.--The table of sections at the beginning of
chapter 17 of title 37, is amended by inserting after the item relating
to section 909 the following new item:

``911. Assistance for State and local governments that continue to pay
                            employees who serve on active duty.''.
    (c) Application of Amendment.--Section 911 of title 37, United
States Code, as added by subsection (a), shall apply with respect to
pay periods (as described in subsection (b) of such section) beginning
on or after the date of the enactment of this Act.

SEC. 6. ACTIVE-DUTY RESERVE COMPONENT EMPLOYEE CREDIT ADDED TO GENERAL
              BUSINESS CREDIT.

    (a) Addition of Credit.--Subpart D of part IV of subchapter A of
chapter 1 of the Internal Revenue Code of 1986 (relating to business-
related credits) is amended by adding at the end the following new
section:

``SEC. 45N. ACTIVE-DUTY RESERVE COMPONENT EMPLOYEE CREDIT.

    ``(a) General Rule.--For purposes of section 38, in the case of an
employer, the active-duty reserve component employee credit determined
under this section for the taxable year is an amount equal to 50
percent of the compensation paid by the employer to an employee who is
also a member of a reserve component during the taxable year when the
employee was absent from employment for a reason described in
subsection (b).
    ``(b) Limitation.--The amount allowed as a credit under subsection
(a) shall not exceed 50 percent of the difference (if any) between--
            ``(1) the amount of compensation that would otherwise have
        been payable to the employee during such absence if the
        employee's employment with the employer had not been
        interrupted by the employee's absence; and
            ``(2) the amount of military pay that is payable to the
        employee during the absence.
    ``(c) Covered Pay Periods.--Subsection (a) shall apply with respect
to an employee who is also a member of a reserve component--
            ``(1) while the employee serves on active duty for a period
        of more than 30 days;
            ``(2) while the employee is hospitalized for, or
        convalescing from, an illness or injury incurred in, or
        aggravated during, the performance of such active duty; or
            ``(3) during the 14-day period beginning at the end of such
        active duty or the end of the period referred to in paragraph
        (2).
    ``(d) Days Not Taken Into Account.--No credit shall be allowed
under subsection (a) with respect to an employee on any day on which
the employee was not scheduled to work (for a reason other than such
service on active duty) and ordinarily would not have worked.
    ``(e) Definitions.--For purposes of this section--
            ``(1) The terms `active duty for a period of more than 30
        days', `member', and `reserve component' have the meanings
        given such terms in section 101 of title 37, United States
        Code.
            ``(2) The term `compensation' means any remuneration for
        employment, whether in cash or in kind, which is paid or
        incurred by a taxpayer and which is deductible from the
        taxpayer's gross income under section 162(a)(1).''.
    (b) Credit To Be Part of General Business Credit.--Subsection (b)
of section 38 of such Code (relating to general business credit) is
amended by striking ``plus'' at the end of paragraph (30), by striking
the period at the end of paragraph (31) and inserting ``, plus'', and
by adding at the end the following new paragraph:
            ``(32) the active-duty reserve component employee credit
        determined under section 45N(a).''.
    (c) Conforming Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of such Code is amended by
inserting after the item relating to section 45M the following new
item:

``Sec. 45N. Active-duty reserve component employee credit.''.
    (d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2007.

Summary: Strengthening the Transition and Reintegration of the National Guard and Reserves Act or STRONGR Act - Provides an additional 180-day period of military mental health care coverage for members of the reserves separated from service following active duty of more than 30 days in support of a contingency operation. Increases the amount of basic educational assistance under the Montgomery GI Bill for members of the Selected Reserve and reserve personnel supporting contingency operations. Entitles a federal employee who is a member of a reserve component to receive the difference in pay between military compensation and civilian compensation during periods of active duty exceeding 30 days. Directs the Secretary of the military department concerned to reimburse states or local governments for 50 of the civilian compensation paid by such governments to equalize military and civilian pay. Increases the reimbursement rate to 100 if active duty extends beyond nine months. Amends the Internal Revenue Code to establish an active-duty reserve component employee credit for employers who provide compensation to employees on active duty.

To improve certain compensation, health care, and education benefits for individuals who serve in a reserve component of the uniformed services, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Sportsmen's Bill of Rights Act''.

SEC. 2. FINDINGS; POLICY.

    (a) Findings.--The Congress finds the following:
            (1) Fishing is an important and traditional recreational
        activity in which 36,000,000 Americans 16 years old and older
        participate.
            (2) Hunting is an important and traditional recreational
        activity in which 14,000,000 Americans 16 years old and older
        participate.
            (3) Survey data from a recent comprehensive 3-year study
        entitled ``Factors Related to Hunting and Fishing Participation
        in the United States'' suggest that an overwhelming majority of
        Americans approved of fishing and hunting.
            (4) Anglers and hunters have been and continue to be among
        the foremost supporters of sound wildlife management and
        conservation practices in the United States.
            (5) Persons who hunt or fish and organizations related to
        those activities provide direct assistance to wildlife managers
        and enforcement officers of Federal, State, and local
        governments.
            (6) Funds raised through license, permit, and stamp
        purchases, as well as through excise taxes on goods used by
        anglers and hunters, have generated more than $6,000,000,000
        for wildlife research and management.
            (7) Fishing and hunting are essential components of
        effective wildlife management, in that they tend to reduce
        conflicts between people and wildlife and provide incentives
        for the conservation of wildlife and habitats and ecosystems on
        which wildlife depends.
            (8) Each State has established one or more agencies staffed
        by professionally trained fish and wildlife management
        personnel, has legal authority to manage the fish and wildlife
        found within the State, and carries out sound programs of fish
        and wildlife management.
    (b) Policy.--It is the policy of the United States that in
performing duties under Federal law, all Federal agencies that have
authority to manage a natural resource or the Federal public land and
water on which a natural resource depends shall exercise the authority,
consistent with section 3(e), in a manner so as to support, promote,
and enhance hunting and fishing opportunities to the extent permitted
under State law and regulation and in accordance with applicable
Federal law.

SEC. 3. TAKING OF FISH AND WILDLIFE ON FEDERAL PUBLIC LANDS.

    (a) In General.--Federal public land and water shall be open to
access and use for fishing and hunting except--
            (1) as limited by the State in which the Federal public
        land or water is located; or
            (2) as limited by the Federal agency responsible for the
        Federal public land or water--
                    (A) for reasons of national security;
                    (B) for reasons of public safety; or
                    (C) for reasons specifically authorized in
                applicable statutes.
    (b) Limitations on Terms of Federal Closure to Fishing or
Hunting.--
            (1) Limitation on duration.--Any closure of Federal public
        land or water to fishing or hunting may continue in effect only
        during the period in which the specific circumstances for which
        the closure is established exist.
            (2) Rule of construction.--Any authority of a Federal
        agency to close particular land or water to hunting or fishing
        shall not be construed as authority to protect or manage fish
        or wildlife.
    (c) Certain Federal Public Land and Water Administered by the
National Park Service.--Nothing in this Act shall compel the opening to
hunting or fishing of national parks or national monuments administered
by the National Park Service.
    (d) No Priority.--This section does not require a Federal agency to
give preference to fishing or hunting over other uses of Federal public
land or water or land or water management priorities established in
Federal law.
    (e) Authority of the States.--
            (1) In general.--Nothing in this Act impairs the primacy of
        State authority in regulating the taking of fish and wildlife
        on land or water within the State, including Federal public
        land or water.
            (2) Federal authority.--Except as expressly provided by Act
        of Congress, the authority of a Federal agency regarding the
        taking of fish and wildlife on Federal public land or water
        managed by the Federal agency shall be no greater than the
        rights of a private owner of land or water.

SEC. 4. PROTECTION OF THE INTEGRITY OF THE SPORTSMEN'S TRUST ACCOUNTS.

    (a) Federal Aid in Wildlife Restoration Act.--The Act entitled ``An
Act to provide that the United States shall aid the States in wildlife-
restoration projects, and for other purposes'', approved September
2, 1937 (16 U.S.C. 669 et seq.; commonly known as the Federal Aid in
Wildlife Restoration Act), is amended--
            (1) by striking ``Secretary of Agriculture'' each place it
        appears and inserting ``Secretary of the Interior''; and
            (2) in section 4 by adding at the end the following:
    ``(c) The amount of funding made available to the Secretary of the
Interior for expenses under this section shall not be available for use
as a supplement to decreased funding for any other expense under the
authority of the Secretary of the Interior.''.
    (b) Federal Aid in Fish Restoration Act.--Section 4 of the Act
entitled ``An Act to provide that the United States shall aid the
States in fish restoration and management projects, and for other
purposes'', approved August 9, 1950 (16 U.S.C. 777c; commonly known as
the Federal Aid in Fish Restoration Act), is amended by adding at the
end the following:
    ``(f) The amount of funding made available to the Secretary of the
Interior for expenses under this section shall not be available for use
as a supplement to decreased funding for any other expense under the
authority of the Secretary of the Interior.''.

SEC. 5. EVALUATION OF WILDLIFE MANAGEMENT EFFECTS.

    (a) Statement.--No Federal agency action that may significantly
diminish opportunities or access to engage in fishing or hunting on
Federal public land or water shall be effective until the agency
prepares a detailed statement evaluating the effect of the action on
fishing and hunting.
    (b) Notice and Hearing.--Before taking an action described in
subsection (a), a Federal agency shall--
            (1) provide notice of the proposed agency action to the
        appropriate State agency responsible for the conduct or
        oversight of fish and wildlife management; and
            (2) conduct a public hearing in the vicinity of the
        proposed action.
    (c) Judicial Review.--An individual or entity that may be adversely
affected by a loss of fishing or hunting opportunities on Federal
public land or water as a result of an agency action described in
subsection (a) may bring a civil action in a United States district
court for review of the adequacy of the statement required in
subsection (a).
    (d) Emergencies.--Nothing in this section precludes an agency from
exercising statutory authority to close Federal public land or water in
an emergency or other exigent circumstances.
    (e) Effect on Other Law.--Nothing in this section affects or has
application to the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.) or
the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.
1801 et seq.).

SEC. 6. CIVIL ACTIONS.

    (a) Intervention.--A person interested in participating in fishing
or hunting shall be entitled to intervene as a matter of right in a
civil action brought under any other Federal law relating to the use of
any Federal public land or water in which the plaintiff seeks an order
that would require the use (or nonuse) of the land or water in such a
manner as to impair access to or use of the land or water for the
purpose of fishing or hunting as required by this Act.
    (b) Consideration of Interests.--If an intervenor under subsection
(a) shows that the application of another Federal law as sought by the
plaintiff would be likely to impair access to or use of the Federal
public land or water for the purpose of fishing or hunting as required
by this Act, the court shall not grant the relief sought unless the
plaintiff shows that the interest intended to be advanced by the other
Federal law clearly outweighs the interest of protecting access to and
use of Federal public land or water for fishing and hunting.
    (c) State Deemed Indispensable Party.--In any civil action brought
in any United States district court under any other Federal law
relating to the use of any Federal public land or water, a State is
deemed an indispensable party if management by the State of fish and
resident wildlife, including hunting and fishing, would be curtailed or
if opportunities provided by the State for hunting and fishing would be
reduced or eliminated by a grant of preliminary or final relief.

SEC. 7. STANDING TO BRING A CIVIL ACTION.

    An individual who is licensed by a State to engage in fishing or
hunting, or an organization representing the interests of such
individuals, may bring a civil action in a United States district court
to seek declaratory or injunctive relief regarding the implementation
of any provision of this Act, including a declaration that a civil
action brought by another person may significantly disrupt or eliminate
opportunities for fishing or hunting and an injunction against the
prosecution of the civil action.

SEC. 8. DEFINITIONS.

    As used in this Act:
            (1) Hunting and fishing.--For any State, the terms
        ``hunting'' and ``fishing'' include all means and methods of
        taking fish and wildlife as authorized and regulated by the
        State agency responsible for the conduct or oversight of fish
        and wildlife management.
            (2) Federal public land or water.--The term ``Federal
        public land or water''--
                    (A) except as provided in subparagraph (B), means
                all lands and waters owned in fee by the United States
                and all property interests owned by the United States
                in land or water, including easements, that are
                administered by--
                            (i) the Secretary of the Interior through
                        the Bureau of Land Management, the United
                        States Fish and Wildlife Service, the National
                        Park Service, or the Bureau of Reclamation;
                            (ii) the Secretary of Agriculture through
                        the United States Forest Service; or
                            (iii) the Secretary of Defense through the
                        United States Army Corps of Engineers or
                        pursuant to the Sikes Act (16 U.S.C. 670a et
                        seq.); and
                    (B) does not include any land or water, or interest
                in land or water, that is part of a national park or
                national monument, administered by the National Park
                Service.

Summary: Sportsmen's Bill of Rights Act - Requires Federal public land and water to be open to access and use for fishing and hunting except as limited by: (1) the State involved. Or (2) the responsible Federal agency for reasons of national security, public safety, or specific authorization. Allows such land to be closed only during the period in which the reasons for such closure exist. Amends the Federal Aid in Wildlife Restoration Act to authorize the Secretary of the Interior (Secretary) to cooperate with the Secretary of the Interior of Puerto Rico in wildlife-restoration projects. Prohibits funds made available to the Secretary for expenses in the administration and execution of wildlife-restoration projects under such Act and the Federal Aid in Fish Restoration Act from being used as a supplement to decreased funding for any other expense of the Secretary. Prohibits a Federal agency's action that may significantly diminish opportunities or access to engage in fishing or hunting on Federal public land or water until the agency prepares a detailed statement evaluating the action's effect on fishing and hunting. Provides for judicial review of such action. Provides for intervention by an interested person in a civil action relating to the use of Federal public land or water for fishing or hunting. Provides standing to seek declaratory or injunctive relief regarding the implementation of this Act for an individual licensed to engage in fishing or hunting, or an organization representing the interests of such individuals.

Sportsmen's Bill of Rights Act