In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.

[EX Q]: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Landowners Equal Treatment Act of 
1999''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--The Congress finds and declares the following:
            (1) The Secretary of the Interior, through the United 
        States Fish and Wildlife Service, recently demanded and 
        received compensation for the loss of use of federally owned 
        property resulting from constructive use of the property for 
        other public purposes, in an amount of approximately 
        $26,000,000.
            (2) The Secretary of Transportation has promulgated a 
        regulation allowing for compensation of Federal agencies for 
        the lost use of agency property for public purposes, through a 
        definition of the term ``constructive use'' that includes off-
        site impacts of Federal agency actions on federally owned 
        property.
            (3) The Federal Government enjoys no right under the 
        Constitution to compensation for use of Federal agency property 
        for other public purposes, while the rights of private persons 
        to be compensated for the taking of their property by the 
        Government for a public purpose is a fundamental right 
        protected by the Fifth and Fourteenth Amendments to the 
        Constitution.
            (4) Private property owners should be compensated in a 
        manner that is at least as equitable as the compensation 
        afforded to Federal agencies when their property is used or 
        constructively used for other public purposes.
            (5) Fair and equitable treatment of private property owners 
        will increase the willingness of private property owners to 
        provide habitat for wildlife and plants protected under the 
        Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
    (b) Purpose.--The purpose of this Act is to increase the efforts of 
private property owners to protect and restore habitat for wildlife, by 
ensuring that their constitutional and legal property rights will be 
honored, respected, and protected in the implementation of the 
Endangered Species Act of 1973.

SEC. 3. MINIMIZING IMPACTS ON PRIVATE PROPERTY.

    The Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) is 
amended by adding at the end the following new section:

                ``minimizing impacts on private property

    ``Sec. 19. (a) In General.--In implementing this Act, the head of 
an agency shall make every possible effort to avoid, minimize, or 
mitigate impacts on non-Federal property that result in Federal use of 
the property as a direct result of the action of the agency head under 
this Act or in furtherance of the purposes of this Act. An agency shall 
not take action that results in a Federal use of non-Federal property 
under this Act unless the agency--
            ``(1) obtains the written permission of its owner;
            ``(2) negotiates a voluntary agreement authorizing that 
        use; or
            ``(3) pays compensation in accordance with this section.
    ``(b) Compensation for Federal Use of Non-Federal Property.--An 
agency that takes action under this Act or in furtherance of the 
purposes of this Act that results in a Federal use of non-Federal 
property or any portion of non-Federal property without the written 
consent of the owner of the property shall compensate the owner for the 
fair market value of the Federal use of the property or portion. 
Compensation paid shall reflect the duration of the Federal use as 
necessary to achieve the purposes of this Act.
    ``(c) Request of Owner.--An owner of non-Federal property seeking 
compensation under this section shall make a written request for 
compensation to the agency implementing the agency action resulting in 
the Federal use of property. The request shall, at a minimum, identify 
the affected portion of the property, the nature of the Federal use of 
non-Federal property for which the compensation is sought, and the 
amount of compensation sought.
    ``(d) Negotiations.--The agency may negotiate with the owner to 
reach agreement on the amount of the compensation under this section, 
the terms of any agreement for payment, and the terms of any Federal 
use of non-Federal property for which compensation is paid. If such an 
agreement is reached, the agency shall within 6 months pay the owner 
the amount agreed upon. An agreement under this section may include a 
transfer of title or an agreement to limit the period of time of the 
Federal use of non-Federal property.
    ``(e) Choice of Remedies.--If, not later than 180 days after the 
written request is made, the parties have not reached an agreement on 
compensation, the owner of the property may elect binding arbitration 
or seek compensation due under this section in a civil action.
    ``(f) Arbitration.--The procedures that govern the arbitration 
shall, as nearly as practicable, be those established under title 9, 
United States Code, for arbitration proceedings to which that title 
applies. An award made in such arbitration shall include a reasonable 
attorney's fee and other arbitration costs, including appraisal fees. 
The agency shall promptly pay any award made to the owner.
    ``(g) Civil Actions.--A civil action to enforce this section may be 
filed under section 11(g). An owner who prevails in a civil action 
against the agency pursuant to this section shall be entitled to, and 
the agency shall be liable for, the amount of compensation awarded plus 
reasonable attorney's fees and other litigation costs, including 
appraisal fees. The court shall award interest on the amount of any 
compensation from the time of the Federal use of non-Federal property.
    ``(h) Source of Payments.--Any payment made under this section to 
an owner of property and any judgment obtained by an owner of property 
in a civil action under this section shall, notwithstanding any other 
provision of law, be made from the annual appropriation of the agency 
that took the agency action giving rise to the payment or civil action. 
If the agency action resulted from a requirement imposed by another 
agency, then the agency making the payment or satisfying the judgment 
may seek partial or complete reimbursement from the appropriated funds 
of the other agency. For this purpose, the head of the agency concerned 
may transfer or reprogram any appropriated funds available to the 
agency. If insufficient funds exist for the payment or to satisfy the 
judgment, it shall be the duty of the head of the agency to seek the 
appropriation of such funds for the next fiscal year.
    ``(i) Availability of Appropriations.--Notwithstanding any other 
provision of law, any obligation of the United States to make any 
payment under this section shall be subject to the availability of 
appropriations.
    ``(j) Duty of Notice to Owners.--An agency may not take any action 
that is a Federal use of non-Federal property unless the agency has 
given 30 days notice to each owner of the property directly affected 
explaining their rights under this section and either obtaining their 
permission for the Federal use or providing the procedures for 
obtaining any compensation that may be available under this section.
    ``(k) Rules of Construction.--The following rules of construction 
shall apply to this Act:
            ``(1) Other rights preserved.--Nothing in this Act shall be 
        construed to limit any right to compensation that exists under 
        the Constitution or under other laws.
            ``(2) Extent of federal authority.--Payment of compensation 
        under this section (other than when property is bought by the 
        Federal Government at the option of the owner) shall not confer 
        any rights on the Federal Government other than the Federal use 
        of non-Federal property agreed to so that the agency action may 
        achieve the species conservation purposes of this Act.
    ``(l) Definitions.--For the purposes of this section:
            ``(1) Agency.--The term `agency' has the meaning given that 
        term in section 551 of title 5, United States Code.
            ``(2) Federal use.--(A) The term `Federal use' means--
                    ``(i) any action under this Act to--
                            ``(I) permanently incorporate non-Federal 
                        property into a Federal facility;
                            ``(II) place non-Federal property under the 
                        control of the Secretary; or
                            ``(III) temporarily occupy non-Federal 
                        property in a manner that is adverse to the 
                        constitutional right of the owner of the 
                        property against taking of the property by the 
                        Federal Government; and
                    ``(ii) any constructive use of non-Federal 
                property.
            ``(B) In this paragraph the term `constructive use' means 
        any action described in subparagraph (C) taken under this Act 
        that results in--
                    ``(i) substantial diminution in the normal or 
                reasonably expected uses of non-Federal property;
                    ``(ii) a reduction in the fair market value of non-
                Federal property of 25 percent or more; or
                    ``(iii) in the case of the right to receive water, 
                any diminution in the quantity of water received or 
                available for use.
            ``(C) The actions referred to in subparagraph (B) are the 
        following:
                    ``(i) The imposition or enforcement of a 
                prohibition of use of non-Federal property the purpose 
                of which is to provide or retain habitat for any 
                species of wildlife or plant determined to be an 
                endangered species or threatened species.
                    ``(ii) A designation of non-Federal property as 
                critical habitat under this Act.
                    ``(iii) The denial of a permit under section 10 
                that results in the loss of the ability to use non-
                Federal property in order to provide habitat for 
                wildlife or plants.
                    ``(iv) An agency action pursuant to a reasonable 
                and prudent alternative suggested by the Secretary 
                under section 7, that would cause an agency to restrict 
                the use of non-Federal property.
                    ``(v) The imposition by any governmental entity of 
                a limitation or restriction on an otherwise permissible 
                use of non-Federal property by the owner of the 
                property, as a condition of a Federal agency providing 
                any land, money, permit, or other benefit to the 
                governmental entity, if imposition of the limitation or 
                restriction by the agency directly would constitute a 
                Federal use of non-Federal property under the other 
                provisions of this paragraph, unless the governmental 
                entity has some other legal basis for imposing the 
                limitation or restriction.
            ``(3) Fair market value.--The term `fair market value' 
        means the most probable price at which property or a right to 
        use property would change hands, in a competitive and open 
        market under all conditions requisite to fair sale, between a 
        willing buyer and willing seller, neither being under any 
        compulsion to buy or sell and both having reasonable knowledge 
        of relevant facts, and without regard to the presence of any 
        species protected under this Act. With respect to a right to 
        use property, fair market value shall be determined on or 
        immediately before the exercise of the right.
            ``(4) Law of the state.--The term `law of the State' 
        includes the law of a political subdivision of a State.
            ``(5) Non-federal property.--The term `non-Federal 
        property' means property which is owned by a person other than 
        any Federal entity of government.
            ``(6) Property.--The term `property' means land, an 
        interest in land, the right to use or receive water, and any 
        personal property, as defined under the law of the State.''.
[EX A]: Landowners Equal Treatment Act of 1999 - Amends the Endangered Species Act of 1973 to require the head of an agency to make every possible effort to avoid, minimize, or mitigate impacts on non-Federal property that result from Federal use of the property (including constructive use) as a direct result of an agency action under such Act (including actions to provide or retain habitat for endangered or threatened species or to designate non-Federal property as critical habitat).  Prohibits an agency from taking action under such Act that results in a Federal use of non-Federal property unless it: (1) obtains the landowner's permission; (2) negotiates a voluntary agreement authorizing such use; or (3) compensates the landowner for the fair market value of the Federal use.  Sets forth provisions governing landowner requests for compensation, compensation negotiations, arbitration or civil actions to resolve compensation disagreements, and payment of compensation from an agency's annual appropriations. 
Prohibits an agency from taking any action that is a Federal use of non-Federal property unless it has given 30 days notice to each property owner directly affected explaining their rights and either obtaining their permission or providing procedures for obtaining compensation.

[EX Q]: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Services, Education, and 
Rehabilitation for Veterans Act'' or the ``SERV Act''.

SEC. 2. VETERAN'S TREATMENT COURTS.

    (a) Delegation.--The Director of the Office of National Drug 
Control Policy (referred to in this Act as the ``Director'') shall 
delegate the authority to administer the program and other such 
activities necessary to carry out this Act to the Department of 
Justice.
    (b) Grants.--The Attorney General may make grants to States, State 
courts, local courts, units of local government, and Indian tribal 
governments acting directly or through agreements with other public or 
private entities, for the purpose of developing, implementing, or 
enhancing veteran's treatment courts or expanding operational drug 
courts to serve veterans.
    (c) Eligibility.--Grants under this Act shall be made to veteran's 
treatment courts and drug courts serving veterans that effectively 
integrate substance abuse treatment, mental health treatment, mandatory 
drug testing, sanctions and incentives, and transitional services, in a 
judicially supervised court setting with jurisdiction over nonviolent, 
substance-abusing offenders that have served in the United States 
military.

SEC. 3. GRANT AUTHORITY.

    The Attorney General may make grants to States, State courts, local 
courts, units of local government, and Indian tribal governments, 
acting directly or through agreements with other public or private 
entities, for programs that involve--
            (1) continuing judicial supervision over offenders with 
        substance abuse or mental health problems who are not violent 
        offenders and have served in the United States military; and
            (2) the integrated administration of other sanctions and 
        services, which shall include--
                    (A) mandatory periodic testing for the use of 
                controlled substances or other addictive substances 
                during any period of supervised release or probation 
                for each participant;
                    (B) substance abuse and mental health treatment 
                (such as treatment for depression and post-traumatic 
                stress disorder) for each participant;
                    (C) diversion, probation, or other supervised 
                release involving the possibility of prosecution, 
                confinement, or incarceration based on noncompliance 
                with program requirements or failure to show 
                satisfactory progress; and
                    (D) programmatic, offender management, and 
                aftercare services such as relapse prevention, health 
                care, education, vocational training, job placement, 
                housing placement, and child care or other family 
                support services for each participant who requires such 
                services.

SEC. 4. APPLICATIONS.

    (a) In General.--To request a grant under this Act, a State, State 
court, local court, unit of local government, or Indian tribal 
government shall submit an application to the Attorney General in such 
form and containing such information as the Attorney General may 
reasonably require.
    (b) Applications.--In addition to any other requirements that may 
be specified by the Attorney General, an application for a grant under 
this Act shall--
            (1) include a long-term strategy and detailed 
        implementation plan;
            (2) explain the applicant's inability to fund the program 
        adequately without Federal assistance;
            (3) certify that the Federal support provided will be used 
        to supplement, and not supplant, State, Indian tribal, and 
        local sources of funding that would otherwise be available;
            (4) identify related governmental or community initiatives 
        which complement or will be coordinated with the proposal;
            (5) certify that there has been appropriate consultation 
        with all affected agencies, specifically the Department of 
        Veterans Affairs and the Department of Health and Human 
        Services, and that there will be appropriate coordination with 
        all affected agencies in the implementation of the program;
            (6) certify that participating offenders will be supervised 
        by 1 or more designated judges with responsibility for the 
        veteran's treatment court program;
            (7) specify plans for obtaining necessary support and 
        continuing the proposed program following the conclusion of 
        Federal support; and
            (8) describe the methodology that will be used in 
        evaluating the program.
    (c) Certifications.--Each such application shall contain the 
certification that the program for which the grant is requested shall 
meet each of the requirements of this Act.

SEC. 5. FEDERAL SHARE.

    The Federal share of a grant made under this Act may not exceed 75 
percent of the total costs of the program described in the application 
submitted under section 4 for the fiscal year for which the program 
receives assistance under this Act, unless the Attorney General waives, 
wholly or in part, the requirement of a matching contribution under 
this section. In-kind contributions may constitute a portion of the 
non-Federal share of a grant.

SEC. 6. REPORTS AND EVALUATIONS.

    (a) Report to Attorney General and the Director.--For each fiscal 
year, each recipient of a grant under this Act during that fiscal year 
shall submit to the Attorney General, the Director, and the Secretary 
for Veterans Affairs a report regarding the effectiveness of activities 
carried out using that grant. Each report shall include an evaluation 
in such form and containing such information as the Attorney General 
may reasonably require. The Attorney General shall specify the dates on 
which such reports shall be submitted.
    (b) Report to Congress.--The Director, in consultation with the 
Attorney General, shall submit a yearly report on the effectiveness on 
the activities carried out under this Act to the House and Senate 
Committees on the Judiciary and the House and Senate Committees on 
Veterans Affairs.

SEC. 7. DEFINITIONS.

    In this Act:
            (1) Veteran.--The term ``veteran'' means a person who 
        served in the active military, naval, or air service, and who 
        was discharged or released therefrom under conditions other 
        than dishonorable.
            (2) Veteran's treatment court.--The term ``veteran's 
        treatment court'' means a program specifically for veterans 
        that meets the drug court criteria established by the Violent 
        Crime Control and Law Enforcement Act of 1994 (Public Law 103-
        322).
            (3) Violent offender.--The term ``violent offender'' means 
        a person who--
                    (A) is charged with or convicted of an offense, 
                during the course of which offense or conduct--
                            (i) the person carried, possessed, or used 
                        a firearm or dangerous weapon;
                            (ii) there occurred the death of or serious 
                        bodily injury to any person; or
                            (iii) there occurred the use of force 
                        against the person of another, without regard 
                        to whether any of the circumstances described 
                        in clause (i) or (ii) is an element of the 
                        offense or conduct of which or for which the 
                        person is charged or convicted.
                    (B) has 1 or more prior convictions for a felony 
                crime of violence involving the use or attempted use of 
                force against a person with the intent to cause death 
                or serious bodily harm.

SEC. 8. ADMINISTRATION.

    (a) Consultation.--The Attorney General shall consult with the 
Secretary of Veterans Affairs, the Secretary of Health and Human 
Services, and any other appropriate officials in carrying out this Act.
    (b) Regulatory Authority.--
            (1) In general.--The Attorney General may issue regulations 
        and guidelines necessary to carry out this Act.
            (2) Participation limits.--In additional to the general 
        authority provided under paragraph (1), the Attorney General 
        shall--
                    (A) issue regulations and guidelines to ensure that 
                programs authorized in this Act do not permit 
                participation by violent offenders; and
                    (B) immediately suspend funding for any grant under 
                this part, pending compliance, if the Attorney General 
                finds that violent offenders are participating in any 
                program funded under this part.
    (c) Geographic Distribution.--The Attorney General shall ensure 
that, to the extent practicable, an equitable geographic distribution 
of grant awards is made under this Act.

SEC. 9. TECHNICAL ASSISTANCE, TRAINING, AND EVALUATION.

    (a) Technical Assistance and Training.--The Attorney General may 
provide technical assistance and training in furtherance of the 
purposes of this Act.
    (b) Evaluations.--The Attorney General may provide for evaluations 
in furtherance of the purposes of this Act.

SEC. 10. FUNDING FOR THE NATIONAL DRUG COURT INSTITUTE.

    (a) Comprehensive, National Training and Technical Assistance for 
Drug Courts.--The National Drug Court Institute in Alexandria, Virginia 
shall--
            (1) conduct national, comprehensive training programs for 
        State and local communities for the purpose of improving the 
        professional skills of drug court practitioners and enhancing 
        the ability of State and local communities to expand drug 
        courts to reach all addicted citizens in need of their 
        resources; and
            (2) provide national, comprehensive Technical Assistance to 
        adult, juvenile and family dependency drug courts including a 
        combination of information gathering, needs assessment, 
        cultural proficiency, analysis, problem solving, action 
        planning, referral and follow-up.
    (b) Ancillary Projects.--The National Drug Court Institute in 
Alexandria, Virginia shall complete ancillary programs designed to 
facilitate the expansion and improvement of drug courts nationwide 
including--
            (1) a Judicial Task Force to develop a transition plan for 
        new drug court judges;
            (2) a resource center to maintain and distribute drug court 
        evaluations reviewed in the National Drug Court Institute 
        Review, and to request new research and evaluations for the 
        drug court field;
            (3) publishing annually the National Drug Court Institute 
        Review to provide research, analysis, and commentary of 
        importance to the drug court field; and
            (4) searching drug court literature and identify, reprint, 
        and disseminate important and relevant scholarship to the drug 
        court field.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to the Attorney General to carry out this section 
$10,000,000 for each of the fiscal years 2009 through 2014 to remain 
available until expended.

SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

    Except for section 10, there are authorized to be appropriated to 
the Director to carry out this Act $25,000,000 for each of fiscal years 
2009 to 2014.
[EX A]: Services, Education, and Rehabilitation for Veterans Act or the SERV Act - Requires the Director of the Office of National Drug Control Policy to delegate to the Department of Justice (DOJ) the authority to administer the veteran's treatment courts program established by this Act.

Authorizes the Attorney General to make grants to states and other entities: (1) to develop, implement, or enhance veteran's treatment courts or to expand operational drug courts to serve veterans; and (2) for programs that involve continuing judicial supervision over nonviolent offenders with substance abuse or mental health problems who have served in the U.S. military. Requires such programs to include mandatory periodic testing for the use of drugs, substance abuse and mental health treatment, opportunities for diversion, probation, or supervised release, and programmatic, offender management, and aftercare services.

Directs the National Drug Court Institute to conduct national training programs for state and local communities to improve the professional skills of drug court practitioners and provide comprehensive technical assistance to adult, juvenile, and family dependency drug courts.

[EX Q]: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Independent National Security 
Classification Board Act of 2004''.

SEC. 2. PURPOSE.

    The purpose of this Act is to establish in the executive branch an 
Independent National Security Classification Board--
            (1) to review the standards and procedures used in the 
        classification system for national security information;
            (2) to propose and submit to Congress and the President for 
        comment new standards and procedures to be used in the 
        classification system for such information;
            (3) to establish the new standards and procedures after 
        Congress and the President have had the opportunity to comment; 
        and
            (4) to review, and make recommendations with respect to, 
        classifications of current and new information made under the 
        applicable classification system.

SEC. 3. INDEPENDENT NATIONAL SECURITY CLASSIFICATION BOARD.

    (a) Establishment.--The Independent National Security 
Classification Board (in this Act referred to as the ``Board'') is 
established as an independent agency in the executive branch.
    (b) Composition.--The Board shall be composed of one member 
appointed by the President, one member jointly recommended by the 
Majority Leader and the Minority Leader of the Senate and appointed by 
the President, and one member jointly recommended by the Speaker of the 
House of Representatives and the Minority Leader of the House of 
Representatives and appointed by the President, each by and with the 
advice and consent of the Senate. Each member shall be knowledgeable on 
classification matters.
    (c) Term of Members.--Each member of the Board shall be appointed 
for a term of 5 years. A member may be reappointed for one additional 
5-year term. A member whose term has expired shall continue to serve on 
the Board until a replacement has been appointed.
    (d) Vacancies.--Any vacancy in the Board shall not affect its 
powers, but shall be filled in the same manner as the original 
appointment.
    (e) Separate Office.--The Board shall have its own office for 
carrying out its activities, and shall not share office space with any 
element of the intelligence community or with any other department or 
agency of the Federal Government.
    (f) Chairman.--The Board shall select a Chairman from among its 
members.
    (g) Meetings.--The Board shall meet at the call of the Chairman.
    (h) Quorum.--A majority of the members of the Board shall 
constitute a quorum, but a lesser number of members may hold hearings.
    (i) Availability of Information.--The decision-making process of 
the Board may be classified, but the final decisions of the Board and 
the reports submitted under this Act shall be made available to the 
public.
    (j) Initial Appointments and Meeting.--
            (1) Initial appointments.--Initial appointments of members 
        of the Board shall be made not later than 90 days after the 
        date of the enactment of this Act.
            (2) Initial meeting.--The Board shall hold its first 
        meeting not later than 30 days after the date on which all 
        members of the Board have been appointed.
    (k) Website.--The Board shall establish a website not later than 90 
days after the date on which all members of the Board have been 
appointed.

SEC. 4. DUTIES OF BOARD.

    (a) Review of Classification System.--
            (1) In general.--The Board shall conduct a thorough review 
        of the classification system for national security information, 
        including the policy, procedures, and practices of the system. 
        The Board shall recommend reforms of such system to ensure--
                    (A) the protection of the national security of the 
                United States;
                    (B) the sharing of information among Government 
                agencies; and
                    (C) an open and informed public discussion of 
                national security issues.
            (2) Scope of review.--
                    (A) Consultation.--The Board shall consult with the 
                Select Committee on Intelligence, the Committee on 
                Armed Services, and the Committee on Foreign Relations 
                of the Senate and the Permanent Select Committee on 
                Intelligence, the Committee on Armed Services, and the 
                Committee on International Relations of the House of 
                Representatives in determining the scope of its review 
                of the classification system.
                    (B) Review.--The Board shall submit a report 
                describing the proposed scope of review to the 
                President and the committees of Congress referred to in 
                subparagraph (A) for comment.
                    (C) Revisions.--Not later than 30 days after 
                receiving the report under subparagraph (B)--
                            (i) the President shall notify the Board in 
                        writing of any revisions to such scope of 
                        review; and
                            (ii) each committee of Congress referred to 
                        in subparagraph (A) may submit to the Board, in 
                        writing, any comments of the committee on the 
                        proposed scope of review.
    (b) Adoption of National Security Information Classification 
System.--
            (1) Authority.--The Board shall prescribe the 
        classification system for national security information, which 
        shall apply to all departments and agencies of the United 
        States.
            (2) Findings and recommendations.--The Board shall, in 
        accordance with the scope of review developed under subsection 
        (a)(2), review the classification system for national security 
        information and submit to the President and Congress its 
        findings and recommendations for new procedures and standards 
        to be used in such classification system.
            (3) Classification system.--Not later than 180 days after 
        the date on which all members of the Board have been confirmed 
        by the Senate, the Board shall adopt a classification system 
        for national security information, incorporating any comments 
        received from the President and considering any comments 
        received from Congress. Upon the adoption of the classification 
        system, the system shall be used for the classification of all 
        national security information.
    (c) Review of Classification Decisions.--
            (1) In general.--The Board shall, upon its own initiative 
        or pursuant to a request under paragraph (3), review any 
        classification decision made by an Executive agency with 
        respect to national security information.
            (2) Access.--The Board shall have access to all documents 
        or other materials that are classified on the basis of 
        containing national security information.
            (3) Requests for review.--The Board shall review in a 
        timely manner the existing or proposed classification of any 
        document or other material the review of which is requested 
        by--
                    (A) the head or Inspector General of an Executive 
                agency who is an authorized holder of such document or 
                material; or
                    (B) the chairman or ranking member of--
                            (i) the Committee on Armed Services, the 
                        Committee on Foreign Relations, or the Select 
                        Committee on Intelligence of the Senate; or
                            (ii) the Committee on Armed Services, the 
                        Committee on International Relations, or the 
                        Permanent Select Committee on Intelligence of 
                        the House of Representatives.
            (4) Recommendations.--
                    (A) In general.--The Board may make recommendations 
                to the President regarding decisions to classify all or 
                portions of documents or other material for national 
                security purposes or to declassify all or portions of 
                documents or other material classified for such 
                purposes.
                    (B) Implementation.--Upon receiving a 
                recommendation from the Board under subparagraph (A), 
                the President shall either--
                            (i) accept and implement such 
                        recommendation; or
                            (ii) not later than 60 days after receiving 
                        the recommendation if the President does not 
                        accept and implement such recommendation, 
                        transmit in writing to Congress and have posted 
                        on the Board's website a notification in 
                        unclassified form of the justification for the 
                        President's decision not to implement such 
                        recommendation.
            (5) Exemption from freedom of information act.--The Board 
        shall not be required to make documents or materials reviewed 
        under this subsection available to the public under section 552 
        of title 5, United States Code (commonly referred to as the 
        Freedom of Information Act).
            (6) Regulations.--The Board shall prescribe regulations to 
        carry out this subsection.
            (7) Executive agency defined.--In this section, the term 
        ``Executive agency'' has the meaning given that term in section 
        105 of title 5, United States Code.

SEC. 5. POWERS OF BOARD.

    (a) Hearings.--The Board may hold such hearings, sit and act at 
such times and places, take such testimony, and receive such evidence 
as the Board considers advisable to carry out this Act.
    (b) Information From Federal Agencies.--The Board may secure 
directly from any Federal department or agency such information as the 
Board considers necessary to carry out this Act. Upon request of the 
Chairman of the Board, the head of such department or agency shall 
furnish such information to the Board.
    (c) Administrative Support Services.--Upon request of the Board, 
the Administrator of General Services shall provide to the Board, on a 
reimbursable basis, the administrative support necessary for the Board 
to carry out its duties under this Act.
    (d) Postal Services.--The Board may use the United States mails in 
the same manner and under the same conditions as other departments and 
agencies of the Federal Government.
    (e) Gifts.--The Board may accept, use, and dispose of gifts or 
donations of services or property.

SEC. 6. BOARD PERSONNEL MATTERS.

    (a) Executive Schedule Level IV.--Section 5315 of title 5, United 
States Code, is amended by adding at the end the following: ``Members, 
Independent National Security Classification Board.''.
    (b) Staff.--
            (1) In general.--The Chairman of the Board may, without 
        regard to the civil service laws and regulations, appoint and 
        terminate an executive director and such other additional 
        personnel as may be necessary to enable the Board to perform 
        its duties under this Act. The employment of an executive 
        director shall be subject to confirmation by the Board.
            (2) Compensation.--The Chairman of the Board may fix the 
        compensation of the executive director and other personnel 
        without regard to chapter 51 and subchapter III of chapter 53 
        of title 5, United States Code, relating to classification of 
        positions and General Schedule pay rates, except that the rate 
        of pay for the executive director and other personnel may not 
        exceed the rate payable for level V of the Executive Schedule 
        under section 5316 of such title.
    (c) Detail of Government Employees.--Any employee of the Federal 
Government may be detailed to the Board without reimbursement, and such 
detail shall be without interruption or loss of civil service status or 
privilege.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Board $2,000,000 for 
fiscal year 2005, and such sums as may be necessary thereafter.
[EX A]:
Independent National Security Classification Board Act of 2004 - Establishes the Independent National Security Classification Board as an independent agency within the executive branch.

Directs the Board, with respect to national security information, to: (1) review the classification system for such information and recommend reforms to ensure the protection of national security, information sharing among Government agencies, and an open and informed public discussion; (2) prescribe the classification system for such information applicable to all departments and agencies of the United States; and (3) upon its own initiative or by request of the Inspector General of an executive agency or the chairman or ranking member of specified congressional committees, review any classification decision made by an executive agency with respect to such information.

Authorizes the Board to: (1) conduct hearings; (2) secure information from any Federal agency; (3) obtain administrative support services; (4) use the U.S. Postal Service in the same manner as other Federal agencies; and (5) accept, use, and dispose of gifts or donations of services or property.