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SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Missile Defense Defend and Deter Act 
of 2016''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) It is in the highest strategic interest of the United 
        States to field a fully operational missile defense system to 
        defend against threats from intercontinental ballistic missiles 
        (ICBMs) of rogue nations, including North Korea and Iran.
            (2) In the past year, the Democratic People's Republic of 
        Korea tested a nuclear weapon and an intercontinental ballistic 
        missile and has made claims that it now possesses the ability 
        to miniaturize a nuclear warhead.
            (3) The ground-based midcourse defense (GMD) element of the 
        ballistic missile defense system (BMDS) is one of the most 
        critical capabilities needed to defend the United States 
        against threats from intercontinental ballistic missiles, 
        conventional and nuclear.
            (4) The test program of the Missile Defense Agency provides 
        vital data to demonstrate the operational effectiveness, 
        suitability, and survivability of the ballistic missile defense 
        system, and it contributes to United States nonproliferation 
        goals by sending a very credible message to the international 
        community on the ability of the United States to defeat 
        ballistic missiles in flight, thus reducing their value to 
        potential adversaries.

SEC. 3. REQUIRED TESTING BY MISSILE DEFENSE AGENCY OF GROUND-BASED 
              MIDCOURSE DEFENSE ELEMENT OF BALLISTIC MISSILE DEFENSE 
              SYSTEM.

    (a) Testing Required.--Except as provided in subsection (c), not 
less frequently than once each fiscal year, the Director of the Missile 
Defense Agency shall administer an intercept flight test of the ground-
based midcourse defense element of the ballistic missile defense 
system.
    (b) Requirements.--The Director shall ensure that each test carried 
out under subsection (a) provides, when possible, for one or more of 
the following:
            (1) Validation of the operational effectiveness of the 
        ground-based midcourse defense element of the ballistic missile 
        defense system.
            (2) Use of assets in their operational configuration 
        against an inventory of targets to assess all aspects of 
        ground-based midcourse defense elements of the ballistic 
        missile defense system performance in a variety of flight test 
        regimes.
            (3) Use of operational doctrine and real-world constraints.
            (4) Evaluation of new concepts of operations and exercising 
        tactics, techniques, and procedures.
            (5) Mechanisms to assure the confidence of members of the 
        Armed Forces in the basic design of the ground-based midcourse 
        defense element of the ballistic missile defense system, its 
        hit-to-kill effectiveness, and its inherent operational 
        capability.
    (c) Exceptions.--
            (1) Nonintercept test.--The Director may forgo a test under 
        subsection (a) in a fiscal year if the Secretary of Defense, in 
        consultation with the Director, determines that conducting the 
        test would--
                    (A) jeopardize national security;
                    (B) not be successful due to specific ground-based 
                midcourse defense components needing a nonintercept 
                test; and
                    (C) likely lead to failure due to impractical time 
                considerations.
            (2) Funding.--The Director may forgo a test under 
        subsection (a) in a fiscal year if the Secretary of Defense, in 
        consultation with the Director, determines that the test is not 
        sufficiently funded.
            (3) National security waiver.--
                    (A) In general.--The Director may forgo a test 
                under subsection (a) in a fiscal year if the Secretary 
                of Defense, in consultation with the Director of the 
                Missile Defense Agency, Director of National 
                Intelligence, and the Commander of United States 
                Northern Command (NORTHCOM), determines that the 
                provision of testing as described in that subsection is 
                detrimental to the national security interests of the 
                United States.
                    (B) Notice required.--
                            (i) In general.--Not later than 30 days 
                        after forgoing a test pursuant to subparagraph 
                        (A), the Secretary shall submit to the 
                        congressional defense committees notice 
                        regarding the foregone test.
                            (ii) Elements.--Notice submitted under 
                        clause (i) shall include the following:
                                    (I) The rationale for forgoing the 
                                test.
                                    (II) The national security 
                                interests of the United States 
                                preventing the test.
                                    (III) A plan to complete the 
                                intercept test in the following fiscal 
                                year, which does not affect testing in 
                                following fiscal years.
                            (iii) Form.--Each notice under clause (ii) 
                        shall be submitted in an unclassified form, but 
                        may include a classified annex.
    (d) Congressional Defense Committees Defined.--In this section, the 
term ``congressional defense committees'' has the meaning given that 
term in section 101(a)(16) of title 10, United States Code.
Missile Defense Defend and Deter Act of 2016 This bill requires the Department of Defense (DOD) Missile Defense Agency to administer an intercept flight test of the ground-based midcourse defense element of the ballistic missile defense system at least once each fiscal year.  Each test shall provide for:   validation of the defense element's operational effectiveness; use of assets in their operational configuration against an inventory of targets to assess performance in a variety of flight test regimes;  use of operational doctrine and real-world constraints;  evaluation of new concepts of operations, tactics, and techniques; and  mechanisms to assure the confidence of members of the Armed Forces in the basic design of the ground-based midcourse defense element, its hit-to-kill effectiveness, and its operational capability.   The Agency may forgo a test if:   it would jeopardize national security, not be successful due to specific ground-based midcourse defense components needing a non-intercept test, and likely fail due to impractical time considerations; or  funding is insufficient.  The Agency also may forgo a test if DOD determines that the testing is detrimental to U.S. national security interests and provides notice to Congress.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Sage-Grouse and Mule Deer Habitat 
Conservation and Restoration Act of 2018''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Covered vegetation management activity.--
                    (A) In general.--The term ``covered vegetation 
                management activity'' means any activity described in 
                subparagraph (B) that--
                            (i) is carried out on public land 
                        administered by the Bureau of Land Management;
                            (ii) meets the objectives of the order of 
                        the Secretary numbered 3336 and dated January 
                        5, 2015;
                            (iii) conforms to an applicable land use 
                        plan;
                            (iv) protects, restores, or improves 
                        greater sage-grouse or mule deer habitat in a 
                        sagebrush steppe ecosystem as described in--
                                    (I) Circular 1416 of the United 
                                States Geological Survey entitled 
                                ``Restoration Handbook for Sagebrush 
                                Steppe Ecosystems with Emphasis on 
                                Greater Sage-Grouse Habitat--Part 1. 
                                Concepts for Understanding and Applying 
                                Restoration'' (2015); or
                                    (II) the habitat guidelines for 
                                mule deer published by the Mule Deer 
                                Working Group of the Western 
                                Association of Fish and Wildlife 
                                Agencies;
                            (v) will not permanently impair--
                                    (I) the natural state of the 
                                treated area;
                                    (II) outstanding opportunities for 
                                solitude;
                                    (III) outstanding opportunities for 
                                primitive, unconfined recreation;
                                    (IV) economic opportunities 
                                consistent with multiple-use 
                                management; or
                                    (V) the identified values of a unit 
                                of the National Landscape Conservation 
                                System; and
                            (vi)(I) restores native vegetation 
                        following a natural disturbance;
                            (II) prevents the expansion into greater 
                        sage-grouse or mule deer habitat of--
                                    (aa) juniper, pinyon pine, or other 
                                associated conifers; or
                                    (bb) nonnative or invasive 
                                vegetation;
                            (III) reduces the risk of loss of greater 
                        sage-grouse or mule deer habitat from wildfire 
                        or any other natural disturbance; or
                            (IV) provides emergency stabilization of 
                        soil resources after a natural disturbance.
                    (B) Description of activities.--An activity 
                referred to in subparagraph (A) is--
                            (i) manual cutting and removal of juniper 
                        trees, pinyon pine trees, other associated 
                        conifers, or other nonnative or invasive 
                        vegetation;
                            (ii) mechanical mastication, cutting, or 
                        mowing, mechanical piling and burning, 
                        chaining, broadcast burning, or yarding;
                            (iii) removal of cheat grass, medusa head 
                        rye, or other nonnative, invasive vegetation;
                            (iv) collection and seeding or planting of 
                        native vegetation using a manual, mechanical, 
                        or aerial method;
                            (v) seeding of nonnative, noninvasive, 
                        ruderal vegetation only for the purpose of 
                        emergency stabilization;
                            (vi) targeted use of an herbicide, subject 
                        to the condition that the use shall be in 
                        accordance with applicable legal requirements, 
                        Federal agency procedures, and land use plans;
                            (vii) targeted livestock grazing to 
                        mitigate hazardous fuels and control noxious 
                        and invasive weeds;
                            (viii) temporary removal of wild horses or 
                        burros in the area in which the activity is 
                        being carried out to ensure treatment 
                        objectives are met;
                            (ix) in coordination with the affected 
                        permit holder, modification or adjustment of 
                        permissible usage under an annual plan of use 
                        of a grazing permit issued by the Secretary to 
                        achieve restoration treatment objectives;
                            (x) installation of new, or modification of 
                        existing, fencing or water sources intended to 
                        control use or improve wildlife habitat; or
                            (xi) necessary maintenance of, repairs to, 
                        rehabilitation of, or reconstruction of an 
                        existing permanent road or construction of 
                        temporary roads to accomplish the activities 
                        described in this subparagraph.
                    (C) Exclusions.--The term ``covered vegetation 
                management activity'' does not include--
                            (i) any activity conducted in a wilderness 
                        area or wilderness study area; or
                            (ii) any activity for the construction of a 
                        permanent road or permanent trail.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (3) Temporary road.--The term ``temporary road'' means a 
        road that is--
                    (A) authorized--
                            (i) by a contract, permit, lease, other 
                        written authorization; or
                            (ii) pursuant to an emergency operation;
                    (B) not intended to be part of the permanent 
                transportation system of a Federal department or 
                agency;
                    (C) not necessary for long-term resource 
                management;
                    (D) designed in accordance with standards 
                appropriate for the intended use of the road, taking 
                into consideration--
                            (i) safety;
                            (ii) the cost of transportation; and
                            (iii) impacts to land and resources; and
                    (E) managed to minimize--
                            (i) erosion; and
                            (ii) the introduction or spread of invasive 
                        species.

SEC. 3. IMPROVEMENT OF HABITAT FOR GREATER SAGE-GROUSE AND MULE DEER.

    (a) Categorical Exclusion.--
            (1) In general.--Not later than 1 year after the date of 
        the enactment of this Act, the Secretary shall develop 1 or 
        more categorical exclusions (as defined in section 1508.4 of 
        title 40, Code of Federal Regulations (or a successor 
        regulation)) for covered vegetation management activities 
        carried out to protect, restore, or improve habitat for greater 
        sage-grouse or mule deer.
            (2) Administration.--In developing and administering a 
        categorical exclusion under paragraph (1), the Secretary 
        shall--
                    (A) comply with the National Environmental Policy 
                Act of 1969 (42 U.S.C. 4321 et seq.);
                    (B) apply the extraordinary circumstances 
                procedures under section 220.6 of title 36, Code of 
                Federal Regulations (or successor regulations), in 
                determining whether to use the categorical exclusion; 
                and
                    (C) consider--
                            (i) the relative efficacy of landscape-
                        scale habitat projects;
                            (ii) the likelihood of continued declines 
                        in the populations of greater sage-grouse and 
                        mule deer in the absence of landscape-scale 
                        vegetation management; and
                            (iii) the need for habitat restoration 
                        activities after wildfire or other natural 
                        disturbances.
    (b) Implementation of Covered Vegetative Management Activities 
Within the Range of Greater Sage-grouse and Mule Deer.--If a 
categorical exclusion developed under subsection (a) is used to 
implement a covered vegetative management activity in an area within 
the range of both greater sage-grouse and mule deer, the covered 
vegetative management activity shall protect, restore, or improve 
habitat concurrently for both greater sage-grouse and mule deer.
    (c) Long-term Monitoring and Maintenance.--Before commencing any 
covered vegetation management activity that is covered by a categorical 
exclusion under subsection (a), the Secretary shall develop a long-term 
monitoring and maintenance plan, covering at least the 20 year-period 
beginning on the date of commencement, to ensure that management of the 
treated area does not degrade the habitat gains secured by the covered 
vegetation management activity.
    (d) Disposal of Vegetative Material.--Subject to applicable local 
restrictions, any vegetative material resulting from a covered 
vegetation management activity that is covered by a categorical 
exclusion under subsection (a) may be--
            (1) used for--
                    (A) fuel wood; or
                    (B) other products; or
            (2) piled or burned, or both.
    (e) Treatment for Temporary Roads.--
            (1) In general.--Notwithstanding section 2(1)(B)(xi), any 
        temporary road constructed in carrying out a covered vegetation 
        management activity that is covered by a categorical exclusion 
        under subsection (a)--
                    (A) shall be used by the Secretary for the covered 
                vegetation management activity for not more than 2 
                years; and
                    (B) shall be decommissioned by the Secretary not 
                later than 3 years after the earlier of the date on 
                which--
                            (i) the temporary road is no longer needed; 
                        and
                            (ii) the project is completed.
            (2) Requirement.--A treatment under paragraph (1) shall 
        include reestablishing native vegetative cover--
                    (A) as soon as practicable; but
                    (B) not later than 10 years after the date of 
                completion of the applicable covered vegetation 
                management activity.

            Passed the Senate September 6, 2018.

            Attest:

                                                JULIE E. ADAMS,

                                                             Secretary.
Sage-Grouse and Mule Deer Habitat Conservation and Restoration Act of 2017 This bill directs the Department of Interior to categorically exclude vegetative management activities that establish or improve habitat for greater sage-grouse and mule deer from environmental review requirements under the National Environmental Policy Act of 1969 (NEPA). Examples of vegetative management activities include restoring native vegetation following a natural disturbance or preventing the expansion of nonnative or invasive vegetation into such habitat.  A categorical exclusion under NEPA is a category of actions which do not have a significant effect on the human environment and for which neither an Environmental Assessment nor an Environmental Impact Statement is required. The bill prohibits the categorical exclusion from including: (1) activity conducted in a wilderness area or wilderness study area, or (2) activity for the construction of a permanent road or trail. Before commencing a vegetative management activity that is covered by a categorical exclusion, Interior must develop a long-term monitoring and maintenance plan, covering at least 20 years, to ensure that management of the treated area does not degrade the habitat gains secured by the vegetative management activity. Vegetative material resulting from vegetative management activity may be: (1) used for fuel wood or other products; or (2) piled or burned, or both.  Native vegetative cover must be reestablished on a temporary road constructed in connection with a categorically excluded vegetative management activity in order to minimize soil erosion from areas disturbed by the temporary road.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``African-American Farmers Benefits 
Relief Act of 2005''.

SEC. 2. EXTENSION OF DEADLINE FOR FILING CLAIM IN PIGFORD V. VENEMAN.

    (a) Findings.--Congress finds the following:
            (1) In 1998, a lawsuit was filed against the Department of 
        Agriculture (referred to in this subsection as the ``USDA''), 
        the second largest agency of the Federal Government, alleging 
        that the USDA had violated the Equal Credit Opportunity Act (15 
        U.S.C. 1691 et seq.) and the Administrative Procedure Act (5 
        U.S.C. 551 et seq.) by maintaining a pattern and practice of 
        discrimination against African-American farmers. Such pattern 
        and practice delayed, denied, or otherwise frustrated the 
        efforts of African-American farmers to obtain loan assistance 
        and to engage in the vocation of farming.
            (2) In January 1999, the United States District Court of 
        the District of Columbia approved the largest civil rights 
        settlement in the history of the United States. Following the 
        settlement, the African-American farmers and the USDA entered 
        into a five-year consent decree.
            (3) In April 1999, the court approved the settlement and 
        assigned four entities to facilitate implementation of the 
        consent decree.
            (4) According to a USDA Inspector General report, many 
        discrimination complaints were never processed, investigated, 
        or otherwise resolved, and the discrimination complaint process 
        at the Farm Services Agency lacked ``integrity, direction, and 
        accountability''.
            (5) Delays in processing the discrimination claims of many 
        African-American farmers resulted in numerous farmers losing 
        their right to file claims.
            (6) As of July 14, 2000, the statute of limitations 
        provided under the Equal Credit Opportunity Act has run on many 
        of the claims.
            (7) On November 18, 2004, the Subcommittee on the 
        Constitution of the Committee on the Judiciary of the House of 
        Representatives received sworn testimony that alleged serious 
        violations of the right to notice as it applied to the consent 
        decree and to all those who had viable claims of discrimination 
        against the USDA.
            (8) Such testimony further alleged that although the 
        consent decree notice campaign was deemed to be effective by 
        the court, that campaign proved deficient because approximately 
        66,000 potential class members submitted their claims in an 
        untimely fashion.
            (9) Approximately 73,800 petitions were filed before the 
        September 15, 2000, late filing deadline, of which only 2,131 
        were approved.
            (10) Of the approximately 21,000 timely requests for 
        reconsideration, 10,745 of those requests have been decided, 
        but only 140 have been approved.
    (b) De Novo Review of Certain Claims Filed in Pigford V. Veneman.--
A person who submitted a petition for redress in the settlement of the 
relevant case before the date of the enactment of this Act may obtain 
de novo consideration of the petition before an adjudicator assigned by 
the facilitator of the consent decree of such case if--
            (1) the petition was denied on the grounds of untimely 
        filing;
            (2) not later than one year after the date of the enactment 
        of this Act, such person submits a subsequent petition for 
        redress in such settlement; and
            (3) such person submits an affidavit to the adjudicator 
        asserting that such person did not receive effective notice of 
        the filing deadline in such consent decree.
    (c) Notice to USDA.--Not later than 30 days after a person submits 
a petition pursuant to subsection (b)(2), the facilitator of the 
consent decree of the relevant case shall provide notice to the 
Secretary of Agriculture of such petition.
    (d) Loan Data.--
            (1) Report to person submitting petition.--Not later than 
        60 days after the Secretary of Agriculture receives notice 
        pursuant to subsection (c) of a petition filed pursuant to 
        subsection (b)(2), the Secretary shall provide to the person 
        that filed such petition a report on farm credit loans made 
        within the claimant's State by the Department during the period 
        beginning on January 1, 1992, and ending on the date of the 
        enactment of this Act. Such report shall contain information on 
        all persons whose application for a loan was accepted, 
        including--
                    (A) the race of the applicant;
                    (B) the date of application;
                    (C) the date of the loan decision;
                    (D) the location of the office making the loan 
                decision; and
                    (E) all data relevant to the process of deciding on 
                the loan.
            (2) No personally identifiable information.--The reports 
        provided pursuant to paragraph (1) shall not contain any 
        information that would identify any person that applied for a 
        loan from the Department of Agriculture.
    (e) Limitation on Foreclosures.--Notwithstanding any other 
provision of law, the Secretary of Agriculture may not foreclose a loan 
if the borrower makes a prima facie case to an adjudicator assigned by 
the facilitator of the consent decree of the relevant case that the 
foreclosure is proximately related to discrimination by the Department 
of Agriculture.
    (f) Notice.--
            (1) Known class members.--Not later than 45 days after the 
        date of the enactment of this Act, the Secretary of Agriculture 
        shall provide to all known members of the class in the relevant 
        case notice of the de novo review available under subsection 
        (b).
            (2) Advertisements.--The Secretary of Agriculture shall 
        announce the de novo review available under subsection (b) by 
        arranging to--
                    (A) broadcast 40 commercials on the cable, 
                Internet, network, and radio broadcast outlets 
                throughout the United States with the largest African-
                American audiences during a 30-day period;
                    (B) broadcast 40 commercials on the cable, 
                Internet, network, and radio broadcast outlets in the 
                relevant region with the largest African-American 
                audiences during a 30-day period;
                    (C) broadcast 50 commercials on the cable, 
                Internet, network, and radio broadcast outlets with the 
                largest national audiences during a 30-day period;
                    (D) have one-quarter page advertisements placed in 
                27 general circulation newspapers and 115 African-
                American newspapers in the relevant region during a 14-
                day period;
                    (E) have a full page advertisement placed in the 
                editions of the magazine TV Guide that are distributed 
                in the relevant region; and
                    (F) have half-page advertisements placed in the 
                national editions of magazines with the highest 
                percentages of African-American readership.
    (g) Monitor.--
            (1) Selection.--Not later than 45 days after the date of 
        the enactment of this Act, the parties to the relevant case 
        shall select an independent Monitor who shall report directly 
        to the Secretary of Agriculture. If the parties are unable to 
        agree on a Monitor after good faith negotiations, the 
        plaintiffs and the defendants shall each submit two persons to 
        the Chief Judge of the United States Court of Appeals for the 
        District of Columbia Circuit who shall appoint a Monitor from 
        among such persons.
            (2) Duties.--The Monitor--
                    (A) not later than 180 days after the date of the 
                enactment of this Act, and at least semiannually 
                thereafter, shall submit to the Secretary of 
                Agriculture and make publicly available on the Internet 
                a report detailing the implementation of this Act and 
                whether such implementation is being done in good 
                faith;
                    (B) if the Monitor determines that a clear and 
                manifest error has occurred in the screening, 
                adjudication, or arbitration of a claim and such error 
                has resulted or is likely to result in a fundamental 
                miscarriage of justice, may direct the adjudicator or 
                facilitator to review the claim;
                    (C) shall be available to class members and the 
                public through a toll-free telephone number in order to 
                facilitate the lodging of any complaints relating to 
                this Act or the consent decree of the relevant case and 
                to expedite the resolution of such complaints; and
                    (D) if the Monitor is unable to resolve a problem 
                brought to the attention of the Monitor pursuant to 
                subparagraph (C), may file a report with the counsels 
                of the parties who may then seek enforcement of this 
                Act and such consent decree pursuant to paragraph 13 of 
                such consent decree.
            (3) Term.--The Monitor shall remain in existence for a 
        period of 5 years and shall not be removed except for good 
        cause.
            (4) Expenses.--The Secretary of Agriculture shall pay the 
        fees and expenses of the Monitor.
    (h) Definitions.--In this section:
            (1) Largest african-american audiences.--The term ``largest 
        African-American audiences'' means those audiences determined 
        to have the largest number of African-American listeners, 
        viewers, or users as determined by the Arbitron or Nielsen 
        rating systems.
            (2) Largest national audiences.--The term ``largest 
        national audiences'' means those audiences determined to have 
        the largest number of listeners, viewers, or users as 
        determined by the Arbitron or Nielsen rating systems.
            (3) Relevant case.--The term ``relevant case'' means the 
        consolidated class action lawsuits entitled Pigford v. Veneman 
        and Brewington v. Veneman (United States District Court for the 
        District of Columbia, Civil Action Numbers 97-1978 and 98-
        1693).
            (4) Relevant region.--The term ``relevant region'' means 
        the States of Alabama, Arkansas, California, Florida, Georgia, 
        Kentucky, Louisiana, Maryland, Mississippi, North Carolina, 
        Oklahoma, South Carolina, Tennessee, Texas, Virginia, and West 
        Virginia and the District of Columbia.

African-American Farmers Benefits Relief Act of 2005 - Provides de novo review for qualifying claims filed under the consolidated class action action lawsuits of Pigford v. Veneman and Brewington v. Veneman.