SECTION 1. SHORT TITLE. This Act may be cited as the ``Railroad Right-of-Way Conveyance Validation Act''. SEC. 2. VALIDATION OF CONVEYANCES. Except as provided in section 5, the conveyances described in section 3 (involving certain lands in Nevada County, State of California) and section 4 (involving certain lands in San Joaquin County, State of California) concerning lands that form parts of the right-of-way granted by the United States to the Central Pacific Railway Company in the Act entitled ``An Act to aid in the Construction of a Railroad and Telegraph Line from the Missouri River to the Pacific Ocean, and to secure to the Government the Use of the same for Postal, Military, and Other Purposes'', approved July 1, 1862 (12 Stat. 489), hereby are legalized, validated, and confirmed, as far as any interest of the United States in such lands is concerned, with the same force and effect as if the land involved in each such conveyance had been held, on the date of such conveyance, under absolute fee simple title by the grantor of such land. SEC. 3. CONVEYANCES OF LANDS IN NEVADA COUNTY, STATE OF CALIFORNIA. The conveyances of land in Nevada County, State of California, referred to in section 2 are as follows: (1) The conveyances entered into between the Southern Pacific Transportation Company, grantor, and David G. ``Otis'' Kantz and Virginia Thomas Bills Kantz, husband and wife, as joint tenants, grantees, recorded June 10, 1987, as instrument number 87-15995 in the official records of the county of Nevada. (2) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Antone Silva and Martha E. Silva, his wife, grantees, recorded June 10, 1987, as instrument number 87-15996 in the official records of the county of Nevada. (3) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Charlie D. Roeschen and Renee Roeschen, husband and wife as joint tenants, grantees, recorded June 10, 1987, as instrument number 87-15997 in the official records of the county of Nevada. (4) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Manuel F. Nevarez and Margarita Nevarez, his wife, as joint tenants, grantees, recorded June 10, 1987, as instrument number 87-15998 in the official records of the county of Nevada. (5) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Susan P. Summers, grantee, recorded June 10, 1987, as instrument number 87-15999 in the official records of the county of Nevada. (6) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and James L. Porter, a single man, as his sole and separate property, grantee, recorded June 10, 1987, as instrument number 87-16000 in the official records of the county of Nevada. (7) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Robert L. Helin, a single man, grantee, recorded June 10, 1987, as instrument number 87-16001 in the official records of the county of Nevada. (8) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Thomas S. Archer and Laura J. Archer, husband and wife, as joint tenants, grantees, recorded June 10, 1987, as instrument number 87-16002 in the official records of the county of Nevada. (9) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Wallace L. Stevens, a single man, grantee, recorded June 10, 1987, as instrument number 87-16003 in the official records of the county of Nevada. (10) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Sierra Pacific Power Company, grantees, recorded June 10, 1987, as instrument number 87-16004 in the official records of the county of Nevada. (11) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Truckee Public Utility District, grantees, recorded June 10, 1987, as instrument number 87-16005 in the official records of the county of Nevada. (12) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Dwayne W. Haddock and Bertha M. Haddock, his wife as joint tenants, grantees, recorded June 10, 1987, as instrument number 87-16006 in the official records of the county of Nevada. (13) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and William C. Thorn, grantee, recorded June 10, 1987, as instrument number 87-16007 in the official records of the county of Nevada. (14) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Jose Guadelupe Lopez, grantees, recorded June 10, 1987, as instrument number 87-16008 in the official records of the county of Nevada. (15) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Harold O. Dixon, an unmarried man, as to an undivided half interest, and Pedro Lopez, a married man, as to an undivided half interest, as joint tenants, grantees, recorded June 10, 1987, as instrument number 87-16009 in the official records of the county of Nevada. (16) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Robert E. Sutton and Patricia S. Sutton, husband and wife, as joint tenants, grantees, recorded June 10, 1987, as instrument number 87-16010 in the official records of the county of Nevada. (17) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Angelo C. Besio and Eva G. Besio, his wife, grantees, recorded June 10, 1987, as instrument number 87-16011 in the official records of the county of Nevada. (18) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Lawrence P. Young and Mary K. Young, husband and wife, as joint tenants, grantees, recorded June 10, 1987, as instrument number 87-16012 in the official records of the county of Nevada. (19) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and the estate of Charles Clyde Cozzaglio, grantee, recorded June 10, 1987, as instrument number 87-16013 in the official records of the county of Nevada. (20) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Noel T. Hargreaves, an unmarried woman, as her sole and separate property, grantee, recorded June 10, 1987, as instrument number 87-16014 in the official records of the county of Nevada. (21) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Athleisure Enterprises, Incorporated, a Nevada corporation, grantees, recorded January 24, 1989, as instrument number 89-01803 in the official records of the county of Nevada. (22) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Richard Bwarie, a single man as to an undivided one-half interest, and Roger S. Gannam and Lucille Gannam, husband and wife, as joint tenants, as to an undivided one-half interest, grantees, recorded January 24, 1989, as instrument number 89-01804 in the official records of the county of Nevada. (23) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and William Campbell and Juanita R. Campbell, his wife as joint tenants, grantees, recorded January 24, 1989, as instrument number 89-01805 in the official records of the county of Nevada. (24) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and William E. Cannon and Lynn M. Cannon, husband and wife, as joint tenants as to an undivided one- half interest, and Brent Collinson and Dianne Collinson, husband and wife, as joint tenants, as to an undivided one-half interest, grantees, recorded January 24, 1989, as instrument number 89-01806 in the official records of the county of Nevada. (25) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Christopher G. Eaton and Bernadette M. Eaton, husband and wife as community property, grantees, recorded January 24, 1989, as instrument number 89-01807 in the official records of the county of Nevada. (26) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Christopher G. Eaton, grantee, recorded January 24, 1989, as instrument number 89-01808 in the official records of the county of Nevada. (27) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Valeria M. Kelly, an unmarried woman, grantee, recorded January 24, 1989, as instrument number 89- 01809 in the official records of the county of Nevada. (28) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and William J. Kuttel and Delia Rey Kuttel, husband and wife, grantees, recorded January 24, 1989, as instrument number 89-01810 in the official records of the county of Nevada. (29) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Thomas A. Lippert and Laurel A. Lippert, husband and wife, grantees, recorded January 24, 1989, as instrument number 89-01811 in the official records of the county of Nevada. (30) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Fred J. Mahler, a single man, grantee, recorded January 24, 1989, as instrument number 89-01812 in the official records of the county of Nevada. (31) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Francis Doyle McGwinn also known as Doyle F. McGwinn, a widower, grantee, recorded January 24, 1989, as instrument number 89-01813 in the official records of the county of Nevada. (32) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and James D. Ritchie and Susan Ritchie, husband and wife, as joint tenants, grantees, recorded January 24, 1989, as instrument number 89-01814 in the official records of the county of Nevada. (33) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and William R. Smith and Joan M. Smith, his wife, as joint tenants, grantees, recorded January 24, 1989, as instrument number 89-01815 in the official records of the county of Nevada. (34) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Anthony J. Stile and Laura A. Stile, husband and wife, as joint tenants, grantees, recorded January 24, 1989, as instrument number 89-01816 in the official records of the county of Nevada. (35) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Thomas R. Stokes, a single man, and Carla J. Stewart, a single woman, as joint tenants, grantees, recorded January 24, 1989, as instrument number 89-01817 in the official records of the county of Nevada. (36) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Tom's Television System, Incorporated, a California Corporation, grantees, recorded January 24, 1989, as instrument number 89-01818 in the official records of the county of Nevada. (37) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Tom's Television System, Incorporated, a California corporation, grantees, recorded January 24, 1989, as instrument number 89-01819 in the official records of the county of Nevada. (38) The conveyances entered into between the Southern Pacific Transportation Company, grantor, and Harry M. Welch and Betty R. Welch, his wife, as joint tenants, grantees, recorded January 24, 1989, as instrument number 89-01820 in the official records of the county of Nevada. (39) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Harry Fariel and Joan Fariel, husband and wife, as joint tenants, grantees, recorded February 2, 1989, as instrument number 89-02748 in the official records of the county of Nevada. (40) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Edward Candler and May Candler, husband and wife as community property, as to an undivided two-thirds interest; and Harry Fariel and Joan Fariel, husband and wife, as joint tenants, as to an undivided one-third interest, grantees, recorded February 2, 1989, as instrument number 89-02749 in the official records of the county of Nevada. (41) The conveyance entered into between the Central Pacific Railroad, grantor, and E.W. Hopkins and J.O.B. Gann, grantees, recorded April 7, 1894, in Book 79 of Deeds at page 679, official records of the county of Nevada. (42) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and John David Gay and Elizabeth Jean Gay, as Trustees of the David and Elizabeth Gay Trust, grantees, recorded October 3, 1991, as instrument number 91-30654 of the official records of the county of Nevada. SEC. 4. CONVEYANCES OF LAND IN SAN JOAQUIN COUNTY, STATE OF CALIFORNIA. The conveyances of land in San Joaquin County, State of California, referred to in section 2 are as follows: (1) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Ronald M. Lauchland and Lillian R. Lauchland, grantees, recorded October 1, 1985, as instrument number 85066621 in the official records of the county of San Joaquin. (2) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Bradford A. Lange and Susan J. Lange, his wife, as to an undivided one-half, and Randall W. Lange and Charlene J. Lange, his wife, as to an undivided one-half interest, grantees, recorded October 1, 1985, as instrument number 85066623 in the official records of the county of San Joaquin. (3) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Leo G. Lewis and Vasiliki L. Lewis, and Billy G. Lewis and Dimetria Lewis, grantees, recorded October 1, 1985, as instrument number 85066625 in the official records of the county of San Joaquin. (4) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Louis J. Bennett, grantees, recorded October 1, 1985, as instrument number 85066627 in the official records of the county of San Joaquin. (5) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Joe Alves Correia and Leontina Correia, his wife, grantees, recorded September 1, 1970, instrument number 33915, in book 3428, page 461, of the official records of the county of San Joaquin. (6) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Willard H. Fike, Jr., and Dorla E. Fike, his wife, grantees, recorded January 7, 1988, instrument number 88001473 of the official records of the county of San Joaquin. (7) The conveyance entered into between Central Pacific Railway, Grantor, and Nettie M. Murray and Marie M. Hallinan, Grantees, dated May 31, 1949, recorded June 14, 1949, in volume 1179 at page 394 of the official records of the county of San Joaquin. (8) The conveyance entered into between the Central Pacific Railway Company, a corporation, and its Lessee, Southern Pacific Company, a corporation, Grantor, and Lodi Winery, Incorporated, Grantee, dated August 2, 1938, recorded May 23, 1940, in volume 692, page 249, of the official records of the county of San Joaquin. SEC. 5. LIMITATIONS ON VALIDATION OF CONVEYANCES. (a) Scope.--Nothing in this Act shall be construed to-- (1) diminish the right-of-way referred to in section 2 to a width of less than fifty feet on each side of the center of the main track or tracks maintained by the Southern Pacific Transportation Company on the date of enactment of this Act; or (2) legalize, validate, or confirm, with respect to any land that is the subject of a conveyance referred to in section 3 or 4, any right or title to, or interest in, such land arising out of adverse possession, prescription, or abandonment, and not confirmed by such conveyance. (b) Minerals.--(1) The United States hereby reserves any federally- owned minerals that may exist in land that is conveyed pursuant to section 2 of this Act, including the right of the United States, its assignees or lessees, to enter upon and utilize as much of the surface of said land as is necessary to remove minerals under the laws of the United States. (2) Any and all minerals reserved by paragraph (1) are hereby withdrawn from all forms of entry, appropriation, and patent under the mining, mineral leasing, and geothermal leasing laws of the United States. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Summary: Railroad Right-of-Way Conveyance Validation Act - Validates conveyances of certain lands in San Joaquin and Nevada Counties, California, that form part of the right-of-way granted by the United States to the Central Pacific Railway Company.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Brownfields Use Invigoration Land Development Act''. SEC. 2. GRANT PROGRAM TO PROMOTE THE REDEVELOPMENT OF REMEDIATED SITES. The Small Business Act (15 U.S.C. 631 et seq.) is amended-- (1) by redesignating section 36 as section 37; and (2) by inserting after section 35 the following new section: ``SEC. 36. GRANT PROGRAM TO PROMOTE THE REDEVELOPMENT OF REMEDIATED SITES. ``(a) Definitions.--In this section, the following definitions apply: ``(1) Remediated site.--The term `remediated site' means any real property with respect to which requirements under Federal or State law for remediation of hazardous substances, pollutants, and contaminants have been completed. ``(2) Low-income geographic area.--The term ``low-income geographic area'' means-- ``(A) any population census tract (or in the case of an area that is not tracted for population census tracts, the equivalent county division, as defined by the Bureau of the Census of the Department of Commerce for purposes of defining poverty areas), if-- ``(i) the poverty rate for that census tract is not less than 20 percent; ``(ii) in the case of a tract-- ``(I) that is located within a metropolitan area, 50 percent or more of the households in that census tract have an income equal to less than 60 percent of the area median gross income; or ``(II) that is not located within a metropolitan area, the median household income for such tract does not exceed 80 percent of the statewide median household income; or ``(iii) as determined by the Administrator based on objective criteria, a substantial population of low-income individuals reside, an inadequate access to investment capital exists, or other indications of economic distress exist in that census tract; or ``(B) any area located within-- ``(i) a HUBZone (as defined in section 3(p) of the Small Business Act and the implementing regulations issued under that section); ``(ii) an urban empowerment zone or urban enterprise community (as designated by the Secretary of Housing and Urban Development); or ``(iii) a rural empowerment zone or rural enterprise community (as designated by the Secretary of Agriculture). ``(b) Establishment.--In accordance with this section, the Administrator may make grants to eligible entities to enable such entities to participate in the redevelopment of remediated sites. ``(c) Eligibility.--Each of the following entities is eligible to receive assistance under this section: ``(1) A small business concern. ``(2) A locally based organization that represents small business concerns. ``(3) A local redevelopment agency that is chartered, established, or otherwise sanctioned by a State or by a local government. ``(d) Use of Funds.--Assistance made available under this section may be used only-- ``(1) for the development of plans for the reuse of a remediated site; or ``(2) to perform marketing analyses with respect to a remediated site. ``(e) Application.--An eligible entity seeking assistance made available under this section shall submit to the Administrator an application in such form as the Administrator may require. ``(f) Selection Criteria.--In selecting entities to receive assistance under this section, the Administrator shall consider each of the following: ``(1) The ability of the entity to develop plans for the reuse of the remediated site and to perform marketing analyses with respect to the remediated site. ``(2) The extent to which the redevelopment of the remediated site proposed to be redeveloped by the entity would create jobs and other social and economic benefits to the local community and business opportunities for small business concerns. ``(3) The extent to which the entity's use of assistance will maximize the leveraging of private sector funds. ``(4) The extent to which the entity will use assistance to redevelop a remediated site located in a low-income geographic area. ``(g) Grant Amount.--Each grant award made under this section shall be of sufficient size to carry out the goals of this section, but shall not exceed $200,000. ``(h) Loss of Eligibility and Repayment.--If the Administrator determines that an entity receiving assistance made available under this section violates any condition placed on the receipt of such assistance, the Administrator-- ``(1) may make no additional assistance available to such entity under this section; and ``(2) may require the entity to repay, in whole or in part, the assistance made available to the entity under this section. ``(i) Report to Administrator.--Not later than 2 years after receiving assistance made available under this section, each eligible entity receiving such assistance shall transmit to the Administrator a report describing how the assistance was used. ``(j) Authorization of Appropriations.-- ``(1) In general.--There is authorized to be appropriated the sum of $4,000,000 for each of fiscal years 2003 through 2005. ``(2) Availability.--Funds appropriated under paragraph (1) shall remain available until expended.''. SEC. 3. INCREASED PARTICIPATION LEVEL FOR LOANS TO SMALL BUSINESSES LOCATED ON REMEDIATED SITES. Clause (i) of section 7(a)(2)(A) of the Small Business Act (15 U.S.C. 636(a)(2)(A)) shall be applied by substituting ``90 percent'' for ``75 percent'' and clause (ii) of such section shall be applied by substituting ``90 percent'' for ``85 percent'' in the case of any loan made-- (1) to a small business concern located or locating on a remediated site (as such term is defined in section 36(a)(1) of the Small Business Act (as amended by this Act)) with respect to which a grant has been made under such section; and (2) during the 5-year period beginning on the date that such grant is made. SEC. 4. FUNDING FROM DEVELOPMENT COMPANIES TO REDEVELOP REMEDIATED SITES. Section 501(d)(3) of the Small Business Investment Act of 1958 (15 U.S.C. 695(d)(3)) is amended-- (1) in subparagraph (G), by striking ``or''; (2) in subparagraph (H), by striking the period and inserting ``, or''; and (3) by inserting after subparagraph (H) the following new subparagraph: ``(I) redevelopment of remediated sites (as defined in section 36(a)(1) of the Small Business Act).''. SEC. 5. EXEMPTION FROM OUTSTANDING LEVERAGE LIMITS FOR SBIC INVESTMENTS IN REMEDIATED SITES. Paragraphs (2)(C) and (4)(D) of section 303(b) of the Small Business Investment Act of 1958 (15 U.S.C. 683(b)) are amended by-- (1) inserting ``or on a remediated site (as defined in section 36(a)(1) of the Small Business Act)'' after ``located in a low-income geographic area (as defined in section 351)''; and (2) by striking ``low-income'' in the headings of such paragraphs and inserting ``certain''.

Summary: Brownfields Use Invigoration Land Development Act - Amends the Small Business Act to authorize the Administrator of the Small Business Administration (SBA) to make grants to a small business, a local organization that represents small businesses, or a local redevelopment agency chartered, established, or otherwise sanctioned by a State or local government to participate in the redevelopment of remediated sites (real property with respect to which requirements under Federal or State law for the remediation of hazardous substances, pollutants, and contaminants have been completed). Sets a maximum per-grant limit of $200,000. Increases to 90 percent of the amount of the outstanding financing the level of SBA participation in guaranteed loans made to small businesses on a deferred basis for small businesses located or locating on a remedial site.Amends the Small Business Investment Act of 1958 to: (1) authorize the SBA to provide assistance to State development companies for projects for the redevelopment of remediated sites; and (2) exempt from current outstanding leverage limits small business investment company investments in remediated sites.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Infant and Toddler Care Improvement Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1) The brain undergoes its most dramatic development during a child's first 3 years of life, with 700 new neurological connections being formed every second based on early experience. During this time, the brain's foundational capacities for thinking, language, emotion, and self-regulation are formed. (2) Economic deprivation can also affect the development of the brain and impair all aspects of development. Children in families below the poverty line are at risk for prolonged ``toxic'' stress, which can change the shape of the brain's structure. Twenty-five percent of children younger than 3 years of age live in families with incomes below the poverty level. (3) Child care is second only to the family setting as the place in which early development takes place for many infants and toddlers. Sixty-one percent of mothers with children younger than 3 years of age are in the labor force and over 6,000,000 children younger than 3 years of age are cared for by someone other than their parents for some part or all of the day. Therefore, the relationship between the child and the child care provider often plays a significant role in child development. (4) Research shows that high-quality child care can mitigate some of the effects of adverse experiences caused by poverty and that low-income children can benefit particularly well from high-quality child care. Yet, at-risk children younger than 3 years of age often receive low-quality child care that can lead to poor developmental outcomes. (5) High-quality child care has been shown to promote positive cognitive, language, and social and emotional development, and contribute to academic success. High-quality child care can also help improve a child's communication skills, cognitive skills, behavioral skills, math and language assessment scores, and verbal intelligence. (6) Providing training and technical assistance to family child care providers who are infant and toddler care providers, through family child care networks, has been shown to improve the quality of caregivers. (7) Twenty-seven States use infant and toddler specialist networks as the structure for providing training and technical assistance, using research-based training and techniques such as mentoring and on-site coaching, to all types of providers of child care for infants or toddlers. (8) Preparation for early childhood educators often does not include training specific to infants and toddlers. Only 21 States have infant and toddler credential requirements that define the particular knowledge and skills needed to work with children younger than 3 years of age. (9) Infants and toddlers have unique needs that differ from those of older children in areas such as health and safety, interaction with teachers and caregivers, and learning, yet not all States recognize those differences in licensing regulations or in their Quality Rating and Improvement Systems. Just 20 States have infant and toddler quality indicators in their Quality Rating and Improvement Systems and only 3 States have separate categories of child care regulations related to infants and toddlers. (b) Purpose.--The purpose of this Act is to improve the overall quality of child care programs serving infants or toddlers. SEC. 3. HIGH-QUALITY INFANT AND TODDLER CARE PROGRAM. The Child Care and Development Block Grant Act of 1990 is amended by inserting after section 658G (42 U.S.C. 9858e) the following: ``SEC. 658H. HIGH-QUALITY INFANT AND TODDLER CARE PROGRAM. ``(a) Definitions.--In this section: ``(1) Eligible infant or toddler care provider.--The term `eligible infant or toddler care provider' means an eligible child care provider, consistent with section 658P, who provides care to an infant or toddler. ``(2) Infant or toddler.--The term `infant or toddler' means an individual under 3 years of age. ``(3) Infant or toddler with a developmental delay or disability.-- ``(A) In general.--The term `infant or toddler with a developmental delay or disability' has the meaning given the term `infant or toddler with a disability' in section 632 of the Individuals with Disabilities Education Act (20 U.S.C. 1432). ``(B) Plural form.--The term `infants and toddlers with developmental delays or disabilities' means more than 1 infant or toddler with a developmental delay or disability. ``(4) Limited english proficient.--The term `limited English proficient' has the meaning given the term in section 637 of the Head Start Act (42 U.S.C. 9832). ``(5) Low-income community.--The term `low-income community' shall be defined by the Secretary. ``(6) Low-income family.--The term `low-income family' means a family with a family income described in section 658P(4)(B). ``(b) Grants.-- ``(1) In general.--The Secretary shall make grants to eligible States, from allotments described in paragraph (2), to enable the States to improve the quality of care for infants and toddlers. ``(2) Allotments.-- ``(A) Amounts reserved.-- ``(i) Territories and possessions.--The Secretary shall reserve an amount not to exceed 0.5 percent of the amount appropriated under this section for each fiscal year for payments to Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands, to be allotted in accordance with their respective needs. ``(ii) Indian tribes.--The Secretary shall reserve not less than 1 percent, and not more than 2 percent, of the amount appropriated under this section for each fiscal year for payments to Indian tribes and tribal organizations with applications approved under section 658O(c). ``(B) Allotments to states.--After making reservations under subparagraph (A), the Secretary shall use the remainder of the amount appropriated under this section for a fiscal year to allot to each State an amount that bears the same relationship to that remainder as the amount allotted to the State under section 658O for that fiscal year bears to the amount allotted to all States under section 658O for that fiscal year. ``(C) State.--In this paragraph, the term `State' does not include Guam, American Samoa, the United States Virgin Islands, or the Commonwealth of the Northern Mariana Islands. ``(c) Amendment to State Plans.--A State that receives a grant under this section shall include in the State's plan under section 658E, a description of how the State will use funds provided under this section to improve the quality of infant and toddler care. ``(d) Use of Funds.-- ``(1) In general.--A State that receives a grant under this section shall use the funds made available through the grant to carry out 1 or more of the activities described in paragraphs (2) through (7). ``(2) Increasing high-quality infant and toddler care.-- ``(A) In general.--A State may use the funds described in paragraph (1) to make grants to eligible entities to be resources for eligible infant and toddler care providers, to improve the quality of early care and development services provided to infants and toddlers in the community from low-income families and to help such providers serving low-income families improve their capacity to offer high-quality care to such families. ``(B) Eligible entity.--To be eligible to receive a grant under this paragraph, an entity shall be an eligible child care provider that-- ``(i) serves infants and toddlers from low- income families; and ``(ii)(I) is ranked at the top level of the State's Quality Rating and Improvement System or similar rating system or accredited by a national accrediting body recognized, before the date of enactment of the Infant and Toddler Care Improvement Act, for high-quality program standards that are valid and reliable; or ``(II) is an Early Head Start agency under section 645A of the Head Start Act (42 U.S.C. 9840a) that is in full compliance with the performance standards applicable to such an agency under the Head Start Act (42 U.S.C. 9831 et seq.). ``(C) Priority.--In making grants under this paragraph, a State-- ``(i) shall give priority to entities that will serve significant populations of low- income families; and ``(ii) may give priority to entities that-- ``(I) are located in low-income communities; ``(II) will serve communities with significant populations of families with limited English proficiency; or ``(III) will increase the ability of caregivers to provide appropriate services and coordinate activities with State and local systems providing services under part C of the Individuals with Disabilities Education Act (20 U.S.C. 1431 et seq.) for children with developmental delays or disabilities, including such children in the child welfare system of the State. ``(3) Staffed family child care networks or systems.-- ``(A) In general.--A State may use the funds described in paragraph (1) to make grants to organizations with expertise in providing child care and related technical assistance, to establish and operate staffed family child care networks or systems that offer, to family child care providers who are eligible infant and toddler care providers, technical assistance, training, administrative support, or direct services including monitoring visits to providers. ``(B) Priority.--In making grants under this paragraph, a State-- ``(i) shall give priority to organizations described in paragraph (2)(C)(i); and ``(ii) may give priority to organizations that have 1 or more of the 3 characteristics described in paragraph (2)(C)(ii). ``(4) Statewide network of infant and toddler specialists.-- ``(A) In general.--A State may use the funds described in paragraph (1) to support, or to make a grant to an organization with expertise in providing child care technical assistance to support, a statewide network of specialists who are eligible infant and toddler care providers, that shall-- ``(i) provide individual or group training and intensive consultation services to eligible infant and toddler care providers, including relative caregivers, on strategies to improve the quality of care for infants and toddlers; and ``(ii) assist eligible infant and toddler care providers in coordinating activities with other offices responsible for child care, including Early Head Start programs and Head Start programs carried out under the Head Start Act (42 U.S.C. 9831 et seq.). ``(B) Priority.--In delivering services or making grants under this paragraph, a State-- ``(i) shall give priority to networks that deliver support to providers described in paragraph (2)(C)(i); and ``(ii) may give priority to networks that deliver support to providers that have 1 or more of the 3 characteristics described in paragraph (2)(C)(ii). ``(5) State workforce quality initiatives.-- ``(A) In general.--A State may use the funds described in paragraph (1) to support initiatives to improve the quality of the workforce of eligible infant and toddler care providers, such as-- ``(i) providing relevant training, professional development, or mentoring to eligible infant and toddler care providers, including linking the training, development, or mentoring to career pathways for eligible infant and toddler care providers; ``(ii) providing scholarships or other financial support to eligible infant and toddler care providers to advance their education and training; ``(iii) coordinating activities with the State's higher education system to expand the availability and quality of coursework for infant and toddler care providers, including developing career pathways for eligible infant and toddler care providers; or ``(iv) improving the State credentialing of eligible infant and toddler care providers. ``(6) Systems quality.--A State may use the funds described in paragraph (1) to-- ``(A) develop infant and toddler components for the State's Quality Rating and Improvement System or similar rating system, child care licensing regulations, or voluntary early learning guidelines; ``(B) improve the ability of parents to obtain information about high-quality infant and toddler care; or ``(C) assist eligible infant and toddler care providers seeking to improve the quality of their infant and toddler care by increasing their ranking on the State's Quality Rating and Improvement System or similar rating system, meeting performance standards applicable to an Early Head Start agency under the Head Start Act (42 U.S.C. 9831 et seq.), or becoming accredited by a national accrediting body described in paragraph (2)(B)(ii). ``(7) Other high-quality initiatives.--A State may use the funds described in paragraph (1) to carry out other activities determined by the State to improve the quality of infant and toddler care provided in the State and for which there is evidence that the activities will lead to improved infant and toddler safety, infant and toddler development, or infant and toddler well-being. ``(e) Reporting.--A State that receives a grant under subsection (b) shall submit in the State's annual reports required under section 658K(a)(2), information on how the State is using the funding provided under subsection (b) to improve the quality of infant and toddler care and the effect such funding is having on the quality of infant and toddler care in the State. ``(f) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2013 and each subsequent fiscal year.''. SEC. 4. CONFORMING AMENDMENTS. (a) Authorization.--Section 658B of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858) is amended by inserting ``(other than section 658H)'' after ``subchapter''. (b) Allotment.--Section 658O(a)(1) of such Act (42 U.S.C. 9858m(a)(1)) is amended by striking ``this subchapter'' and inserting ``section 658B''.

Summary: Infant and Toddler Care Improvement Act - Amends the Child Care and Development Block Grant Act of 1990 to direct the Secretary of Health and Human Services (HHS) to make grants to enable eligible states (including Guam, American Samoa, the U.S. Virgin Islands, and the Commonwealth of the Northern Mariana Islands) to improve the quality of care for infants and toddlers, especially those from low-income families. Authorizes the use of grant funds to: (1) make grants to organizations with pertinent expertise to establish and operate staffed family child care networks or systems that offer family child care providers technical assistance, training, administrative support, or direct services; (2) support a statewide network of infant and toddler care specialists; and (3) support initiatives to improve the quality of the provider workforce. Allows the use of such funds also to: (1) develop infant and toddler components for the State's Quality Rating and Improvement System or a similar rating system, child care licensing regulations, or voluntary early learning guidelines; (2) improve the ability of parents to obtain information about high-quality infant and toddler care; or (3) assist eligible infant and toddler care providers seeking to increase their ranking on the State's Quality Rating and Improvement System or similar rating system, meet performance standards applicable to an Early Head Start agency, or become accredited by a national accrediting body.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Border Health Security Act of 2013''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The United States-Mexico border is an interdependent and dynamic region of more than 15,000,000 people with significant and unique public health challenges. (2) These challenges include low rates of health insurance coverage, poor access to health care services, high unemployment rates, low educational attainment, and high rates of dangerous diseases, such as tuberculosis, diabetes, obesity, and other non-communicable diseases. (3) As the 2009 novel influenza A (H1N1) pandemic illustrated, diseases do not respect international boundaries, and a strong public health effort at and along the borders is crucial to not only protect and improve the health of Americans but also to help secure the country against threats to biosecurity and other emerging threats. (4) For 11 years, the United States-Mexico Border Health Commission has served as a crucial binational institution to address these unique and truly cross-border health issues. (5) More than 75 percent of Canadians live within 100 miles of the United States border. The 2003 epidemic of severe acute respiratory syndrome caused more than 250 illnesses in the Greater Toronto Area, just 80 miles from New York. SEC. 3. UNITED STATES-MEXICO BORDER HEALTH COMMISSION ACT AMENDMENTS. The United States-Mexico Border Health Commission Act (22 U.S.C. 290n et seq.) is amended-- (1) in section 3-- (A) in paragraph (1), by striking ``; and'' and inserting ``;''; (B) in paragraph (2), by striking the period and inserting a semicolon; and (C) by adding at the end the following: ``(3) to cooperate with the Canada-United States Pan Border Public Health Preparedness Council (referred to in this Act as the `Council'), as appropriate; and ``(4) to serve as an independent and objective body to both recommend and implement initiatives that solve border health issues.''; (2) in section 5-- (A) in subsection (b), by striking ``should be the leader'' and inserting ``shall be the Chair''; and (B) by adding at the end the following: ``(d) Providing Advice and Recommendations.--Members of the Commission and the Council may at any time provide advice or recommendations to the Secretary, Congress, or any Member of Congress concerning issues that are considered by the Commission or Council. Such advice or recommendations may be provided regardless of whether a request for such is made and regardless of whether the member or individual is authorized to provide such advice or recommendations by the Commission or Council or any other Federal official.''; (3) by redesignating section 8 as section 12; (4) by striking section 7 and inserting the following: ``SEC. 7. BORDER HEALTH GRANTS. ``(a) Eligible Entity Defined.--In this section, the term `eligible entity' means a State, public institution of higher education, local government, Indian tribe, tribal organization, urban Indian organization, nonprofit health organization, trauma center, critical access hospital or other hospital that serves rural or other vulnerable communities and populations, faith-based entity, or community health center receiving assistance under section 330 of the Public Health Service Act (42 U.S.C. 254b), that is located in the United States- Mexico border area or the United States-Canada border area. ``(b) Authorization.--From amounts appropriated under section 11, the Secretary, in consultation with members of the Commission and Council and in coordination with the Office of Global Affairs, shall award grants to eligible entities to address priorities and recommendations outlined by the strategic plan and operational work plan of the Commission and the Council, as authorized under section 9, to improve the health of United States-Mexico border area and United States-Canada border area residents. ``(c) Application.--An eligible entity that desires a grant under subsection (b) shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``(d) Use of Funds.--An eligible entity that receives a grant under subsection (b) shall use the grant funds for any of the following: ``(1) Programs relating to any one or more of the following: ``(A) Maternal and child health. ``(B) Primary care and preventative health. ``(C) Infectious disease testing, monitoring, and surveillance. ``(D) Public health and public health infrastructure. ``(E) Health promotion. ``(F) Oral health. ``(G) Behavioral and mental health. ``(H) Substance abuse prevention and harm reduction. ``(I) Health conditions that have a high prevalence in the United States-Mexico border area or United States-Canada border area. ``(J) Medical and health services research. ``(K) Workforce training and development. ``(L) Community health workers and promotoras. ``(M) Health care infrastructure problems in the United States-Mexico border area or United States- Canada border area (including planning and construction grants). ``(N) Health disparities in the United States- Mexico border area or United States-Canada border area. ``(O) Environmental health. ``(P) Health education. ``(Q) Outreach and enrollment services with respect to Federal programs (including programs authorized under titles XIX and XXI of the Social Security Act (42 U.S.C. 1396 et seq. and 1397aa et seq.)). ``(R) Trauma care. ``(S) Health research with an emphasis on infectious disease and pressing issues related to noncommunicable diseases. ``(T) Epidemiology and health research. ``(U) Cross-border health surveillance coordinated with Mexican Health Authorities or Canadian Health Authorities. ``(V) Obesity, particularly childhood obesity. ``(W) Crisis communication, domestic violence, health literacy, or cancer. ``(X) Community-based participatory research on border health issues. ``(Y) Violence prevention. ``(Z) Cross-border public health preparedness. ``(2) Other programs determined appropriate by the Secretary. ``(e) Supplement, Not Supplant.--Amounts provided to an eligible entity awarded a grant under subsection (b) shall be used to supplement and not supplant other funds available to the eligible entity to carry out the activities described in subsection (d). ``SEC. 8. GRANTS FOR EARLY WARNING INFECTIOUS DISEASE SURVEILLANCE (EWIDS) IN THE BORDER AREA. ``(a) Eligible Entity Defined.--In this section, the term `eligible entity' means a State, local government, Indian tribe, tribal organization, urban Indian organization, trauma center, regional trauma center coordinating entity, or public health entity. ``(b) Authorization.--From funds appropriated under section 11, the Secretary shall award grants for Early Warning Infectious Disease Surveillance (EWIDS) to eligible entities for infectious disease surveillance activities in the United States-Mexico border area or United States-Canada border area. ``(c) Application.--An eligible entity that desires a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``(d) Uses of Funds.--An eligible entity that receives a grant under subsection (b) shall use the grant funds, in coordination with State and all local hazards programs, to-- ``(1) develop and implement infectious disease surveillance plans and networks and public health emergency and readiness assessments and preparedness plans, and purchase items necessary for such plans; ``(2) coordinate infectious disease surveillance planning and interjurisdictional risk assessments in the region with appropriate United States-based agencies and organizations and appropriate authorities in Mexico or Canada; ``(3) improve infrastructure, including surge capacity, syndromic surveillance, and isolation/decontamination capacity, and policy preparedness, including for mutual assistance and for the sharing of information and resources; ``(4) improve laboratory capacity, in order to maintain and enhance capability and capacity to detect potential infectious disease, whether naturally occurring or the result of terrorism; ``(5) create and maintain a health alert network, including risk communication and information dissemination that is culturally competent and takes into account the needs of at- risk populations, including individuals with disabilities; ``(6) educate and train clinicians, epidemiologists, laboratories, and emergency management personnel; ``(7) implement electronic data and infrastructure inventory systems to coordinate the triage, transportation, and treatment of multicasualty incident victims; ``(8) provide infectious disease testing in the United States-Mexico border area or United States-Canada border area; and ``(9) carry out such other activities identified by the Secretary, members of the Commission, members of the Council, State or local public health authorities, representatives of border health offices, or authorities at the United States- Mexico or United States-Canada borders. ``SEC. 9. PLANS, REPORTS, AUDITS, AND BY-LAWS. ``(a) Strategic Plan.-- ``(1) In general.--Not later than 2 years after the date of enactment of this section, and every 5 years thereafter, the Commission (including the participation of members representing both the United States and Mexican sections) and the Council (including the participation of members representing both the United States and Canada) shall each prepare a binational strategic plan to guide the operations of the Commission and the Council and submit such plan to the Secretary and Congress. ``(2) Requirements.--The binational strategic plan under paragraph (1) shall include-- ``(A) health-related priority areas determined most important by the full membership of the Commission or Council, as applicable; ``(B) recommendations for goals, objectives, strategies, and actions designed to address such priority areas; and ``(C) a proposed evaluation framework with output and outcome indicators appropriate to gauge progress toward meeting the objectives and priorities of the Commission or Council, as applicable. ``(b) Work Plan.--Not later than January 1, 2015, and every 2 years thereafter, the Commission and the Council shall develop and approve an operational work plan and budget based on the strategic plan under subsection (a). ``(c) GAO Review.--Not later than January 1, 2016, and every 2 years thereafter, the Comptroller General of the United States shall conduct an evaluation of the activities conducted by the Commission and the Council based on the operational work plans described in subsection (b) for the previous year and the output and outcome indicators included in the strategic plan described in subsection (a). The evaluation shall include a request for written evaluations from members of the Commission and the Council about barriers and facilitators to executing successfully the work plans of the Commission and the Council. ``(d) Biannual Reporting.--The Commission and Council shall each issue a biannual report to the Secretary that provides independent policy recommendations related to border health issues. Not later than 3 months following receipt of each such biannual report, the Secretary shall provide to Congress the report and any studies or other materials produced independently by the Commission and Council. ``(e) Audits.--The Secretary shall annually prepare an audited financial report to account for all appropriated assets expended by the Commission and Council to address both the strategic and operational work plans for the year involved. ``(f) By-Laws.--Not later than 6 months after the date of enactment of this section, the Commission and Council shall develop and approve bylaws to provide fully for compliance with the requirements of this section. ``(g) Transmittal to Congress.--The Commission and Council shall submit copies of the operational work plan and by-laws to Congress. The Comptroller General of the United States shall submit a copy of each evaluation completed under subsection (c) to Congress. ``SEC. 10. COORDINATION. ``(a) In General.--To the extent practicable and appropriate, plans, systems, and activities to be funded (or supported) under this Act for all hazard preparedness, and general border health, shall be coordinated with Federal, State, and local authorities in Mexico, Canada, and the United States. ``(b) Coordination of Health Services and Surveillance.--The Secretary, acting through the Assistant Secretary for Preparedness and Response, when appropriate, may coordinate with the Secretary of Homeland Security in establishing a health alert system that-- ``(1) alerts clinicians and public health officials of emerging disease clusters and syndromes along the United States-Mexico border area and United States-Canada border area; and ``(2) warns of health threats, extreme weather conditions, disasters of mass scale, bioterrorism, and other emerging threats along the United States-Mexico border area and United States-Canada border area. ``SEC. 11. AUTHORIZATION OF APPROPRIATIONS. ``There is authorized to be appropriated to carry out this Act $7,000,000 for fiscal year 2014 and each succeeding year, subject to the availability of appropriations for such purpose, of which $4,650,000 shall be made available to fund operationally feasible functions, activities, and grants with respect to the United States- Mexico border and the border health activities under cooperative agreements with the border health offices of the States of California, Arizona, New Mexico, and Texas, and $2,350,000 shall be allocated for the administration of United States activities under this Act on the United States-Canada border and the border health authorities, acting through the Canada-United States Pan-Border Public Health Preparedness Council.''; and (5) in section 12 (as so redesignated)-- (A) by redesignating paragraphs (3) and (4) as paragraphs (4) and (6), respectively; (B) by inserting after paragraph (2), the following: ``(3) Indians; indian tribe; tribal organization; urban indian organization.--The terms `Indian', `Indian tribe', `tribal organization', and `urban Indian organization' have the meanings given such terms in section 4 of the Indian Health Care Improvement Act (25 U.S.C. 1603).''; and (C) by inserting after paragraph (4), as so redesignated, the following: ``(5) United states-canada border area.--The term `United States-Canada border area' means the area located in the United States and Canada within 100 kilometers of the border between the United States and Canada.''.

Summary: Border Health Security Act of 2013 - Amends the United States-Mexico Border Health Commission Act to: (1) revise the duties of the United States-Mexico Border Health Commission to include cooperating with the Canada-United States Pan Border Public Health Preparedness Council and serving as an independent and objective body to recommend and implement initiatives that solve border health issues, and (2) authorize appropriations. Designates the Commissioner of the U.S. section of the Commission as the Chair (currently, leader) of the section. Authorizes members of the Commission and the Council to provide advice or recommendations to the Secretary of Health and Human Services (HHS), Congress, or any Member of Congress concerning issues that are considered by the Commission or Council. Requires the Secretary to award grants: (1) to eligible entities to improve the health of individuals residing in the U.S.-Mexico and U.S.-Canada border areas, and (2) for Early Warning Infectious Disease Surveillance to eligible entities for infection disease surveillance activities in such areas. Requires the Commission and the Council to each: (1) prepare (every five years) a binational strategic plan to guide its operation, (2) develop and approve (every two years) an operational work plan and budget based on the strategic plan, and (3) issue a biannual report to the Secretary that provides independent policy recommendations related to border health issues. Requires the Comptroller General (GAO) (every two years) to conduct an evaluation of Commission and Counsel activities. Requires plans, systems, and activities supported under such Act for all hazard preparedness, and general border health, to be coordinated with authorities in Mexico, Canada, and the United States to the extent practicable. Authorizes the Assistant Secretary for Preparedness and Response to coordinate with the Secretary of Homeland Security (DHS) in establishing a health alert system that: (1) alerts clinicians and public health officials of emerging disease clusters and syndromes along the U.S.-Mexico and U.S.-Canada border areas; and (2) warns of health threats, extreme weather conditions, disasters of mass scale, bioterrorism, and other emerging threats along such areas.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Give Judge Venckiene Her Day in Court Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) Judge Neringa Venckiene fled to the United States in 2013 and requested political asylum after a 5-year battle in Lithuania to secure justice for her 4-year-old niece, Deimante Kedyte, who reported that she was being sexually molested by Lithuanian government officials while in her mother's care. (2) Deimante Kedyte's claims of sexual molestation were evaluated by court-ordered psychologists and psychiatrists and deemed to be credible. (3) Deimante Kedyte accused of sexual molestation an assistant to the Speaker of the Parliament and a sitting judge, both associates of her mother. (4) Judge Venckiene and Deimante Kedyte's father petitioned law enforcement and the courts for full investigation of Deimante's claims against the accused individuals, but believed the ensuing investigation to be negligent. (5) Lithuania's parliament (Legal and Judiciary Committees) issued a report in 2010 that deemed the investigation into Deimante Kedyte's sexual molestation accusations to be negligent and found that the negligence had compromised the case against the public officials. (6) After Deimante Kedyte's father went missing in 2009, Judge Venckiene was awarded guardianship of Deimante. (7) Deimante Kedyte's mother was never indicted for complicity in the sexual molestation despite a Vilnius District Court Ruling in October 2009 that there was enough evidence to indict her. (8) In December 2011, Judge Venckiene was ordered to give Deimante Kedyte, then 7 years old, back to her mother, but Deimante refused to return to her mother, indicating fear of sexual molestation. (9) Hundreds of Lithuanians kept vigil outside Judge Venckiene's house to prevent the Lithuanian Government from removing Deimante Kedyte. (10) In May 2012, the Lithuanian Government sent more than 200 police officers to take Deimante Kedyte from Judge Venckiene by force. (11) Deimante Kedyte clung to Judge Venckiene, was ripped from her, was carried away shrieking, and has completely disappeared from public view for the last 6 years. (12) The Lithuanian Government's action resulted in protests against the Lithuanian Government in Lithuania and at numerous Lithuanian embassies around the world, as well as in the United States when the Lithuanian President attended the NATO summit in Chicago in May 2012. (13) Judge Venckiene published a book entitled ``Way of Courage'' in 2012 about Deimante Kedyte's ordeal and Lithuania's failure to properly investigate and prosecute the case against the government officials. (14) ``Way of Courage'' became the name of a new, anti- corruption, anti-pedophilia political party in Lithuania, which elected Judge Venckiene to Lithuania's parliament in 2012. (15) Judge Venckiene sought political asylum in the United States in 2013 after she received threats and experienced what she believed was an attempt on her life following a political rally, and after the Lithuanian Government moved to lift Judge Venckiene's parliamentary immunity. (16) The Lithuanian Government has systematically prosecuted for ``false statements'' and other crimes the journalists, a medical professional, Deimante Kedyte's grandparents, Judge Venckiene's neighbor, people who attended rallies on her behalf, and many others who came forward with evidence or support of Deimante Kedyte's claims of sexual molestation or who opposed the violent removal of Deimante from Judge Venckiene. (17) Lithuania has leveled more than 35 charges against Judge Venckiene, including charges for filing petitions on behalf of Deimante Kedyte with Lithuania's courts and the Child's Rights Ombudsman, making statements critical of the investigation to journalists, describing in her book the sexual molestation case against and naming the public officials, involvement in ``unauthorized protests'', ``humiliating the court'', desecrating the national anthem, conducting her own investigation into the case, failing to turn Deimante over to the accused mother, bruising an officer, and kicking at Deimante's mother when the mother tried to remove Deimante. (18) The extradition treaty signed by the United States and the Republic of Lithuania on October 23, 2001, does not permit for Judge Venckiene to offer counter-evidence in United States court to any of Lithuania's charges against her or to make the case for political motivation. (19) A United States Magistrate Judge in April 2018 approved extradition for charges that Judge Venckiene hindered the activities of a bailiff, failed to comply with a court's decision not associated with a penalty, caused physical pain, and resisted against a civil servant or a person performing the functions of public administration--all charges related to Deimante Kedyte being taken from Judge Venckiene's home and returned to the accused mother. (20) Former political prisoners, as well as current and former government officials in Lithuania have written to the United States Government, warning that the Lithuanian Government's charges against Judge Venckiene are politically motivated. (21) The Chairman of the Supreme Court of Lithuania Gintaras Kryzevicius has been reported as publicly saying that Judge Venckiene ``is an abscess in the legal system and an abscess in the political system'' and ``the trouble of the whole state''. (22) Sweden, Ireland, Northern Ireland, Denmark, Malta, Ukraine, and Russia have all refused to extradite individuals to Lithuania. (23) Judge Venckiene can present evidence concerning the political motivation of Lithuania's charges against her before an immigration judge if she is excluded from the extradition treaty and allowed to proceed with her political asylum case, filed in 2013 and scheduled to be heard in July 2019. SEC. 3. EXCLUSION FROM EXTRADITION TREATY BETWEEN THE UNITED STATES OF AMERICA AND THE REPUBLIC OF LITHUANIA. (a) In General.--Notwithstanding any other provision of law, Judge Neringa Venckiene shall be excluded from extradition under the Extradition Treaty Between the Government of the United States of America and the Government of the Republic of Lithuania, signed at Vilnius on October 23, 2001, and entered into force on March 31, 2003 (as amended by the Protocol on the Application of the Agreement on Extradition between the Unites States of America and the European Union to the Extradition Treaty between the Government of the United States of America and the Government of the Republic of Lithuania, signed at Brussels on June 15, 2005, and entered into force on February 1, 2010), and excluded from all other laws allowing for her extradition to Lithuania. (b) Political Asylum.--Judge Neringa Venckiene shall be permitted to remain in the United States until a final order is issued with respect to her pending application for asylum. (c) Free Movement.--Judge Neringa Venckiene shall not be held in Federal or State prison or detention for any immigration-related or extradition-related offense and shall be allowed free movement and continued work permission until a final order is issued with respect to her pending application for asylum.

Summary: Provides for the relief of Judge Neringa Venckiene, who the Government of Lithuania seeks on charges related to her pursuit of justice against Lithuanian public officials accused of sexually molesting her young niece.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Indian Tribal Development Corporation Feasibility Study Act of 2004''. SEC. 2. FEASIBILITY STUDY. Section 4(b) of the Native American Business Development, Trade Promotion, and Tourism Act of 2000 (25 U.S.C. 4303(b)) is amended-- (1) by redesignating paragraph (6) as paragraph (7); and (2) by inserting after paragraph (5) the following: ``(6) Tribal development corporation feasibility study.-- ``(A) In general.--The Secretary shall establish the Tribal Development Corporation Feasibility Study Group (referred to in this paragraph as the `Group'). ``(B) Members.--The Group shall be comprised of 12 members, as follows: ``(i) Representatives of indian tribes.-- Five members of the Group shall be representatives of federally recognized Indian tribes. ``(ii) Representatives of the alaska native community.--Three members of the Group shall be representatives of the Alaska Native Community. ``(iii) Representative of the native hawaiian community.--One member of the Group shall be a representative of the Native Hawaiian Community. ``(iv) Representative of the private sector.--Two members of the Group shall be representatives of nongovernmental economic activities carried out by private enterprises in the private sector. ``(v) Federal officials.--One member of the Group shall be a representative of the Department of the Treasury with demonstrated experience in international economic development and international financial institutions. ``(C) Chairperson.--The members of the Group shall select a Chairperson. ``(D) Personnel and services.-- ``(i) In general.--The Chairperson of the Group may appoint and terminate such personnel as are necessary to enable the Group to perform its duties. ``(ii) Procurement of services.--The Chairperson may procure such services as are necessary to enable the Group to perform the duties of the Group. ``(E) Study.-- ``(i) In general.--Not later than 270 days after the date of enactment of this subparagraph, the Group shall-- ``(I) conduct a study to determine the feasibility of establishing an Indian Tribal Development Corporation (referred to in this subparagraph as the `Corporation'); and ``(II) submit to the Committee on Indian Affairs and the Committee on Appropriations of the Senate and the Committee on Resources and the Committee on Appropriations of the House of Representatives a report that describes the results of the study and any recommendations of the Group for further legislative action. ``(ii) Contents.--The report shall contain-- ``(I) a discussion and determination of the financial feasibility of the Corporation, including whether the Corporation can be, over the long term, financially self-sustainable; ``(II) a discussion and determination of the probable economic impact of the Corporation, including a demonstration of the quantitative and qualitative economic impact on Native American communities; ``(III) a discussion and determination of the best alternatives in the structure, organization, and lending terms and conditions of the Corporation, including the most appropriate structure of capital contributions to best serve, and be acceptable to, Native interests; ``(IV) a discussion and determination of the basic terms and conditions under which funding would be provided to member Indian tribes; ``(V) a discussion of nonfinancial and advisory activities to be undertaken by the Corporation, including the use of diagnostic studies by the Corporation to-- ``(aa) identify tribal, Federal, or State policies and legal and regulatory conditions and infrastructure deficiencies that impede investment, both private and public, needed to promote economic development; ``(bb) provide specific recommendations for remedial actions that can be undertaken by an Indian tribe to overcome such inhibitors of investment; and ``(cc) identify and establish the terms for pre- appraisal studies of investment opportunities, both private and public, that can be developed and promoted by an Indian tribe; and ``(VI) a discussion and determination of-- ``(aa) the capital structure of the Corporation, including the optimal level of initial capital contributions by both Indian tribes and the United States Government; and ``(bb) the financial instruments that will be required by the Corporation to ensure its success. ``(F) Termination of study group.--The Group shall terminate 120 days after the date on which the Group submits the report under subparagraph (E). ``(G) Authorization of appropriations.--There are authorized to be appropriated to carry out this paragraph-- ``(i) $3,000,000 for fiscal year 2005; and ``(ii) $2,000,000 for fiscal year 2006.''. Passed the Senate November 19, 2004. Attest: EMILY J. REYNOLDS, Secretary.

Summary: Indian Tribal Development Corporation Feasibility Study Act of 2004 - Amends the Native American Business Development, Trade Promotion, and Tourism Act of 2000 to direct the Secretary of Commerce to establish the Tribal Development Corporation Feasibility Study Group to study and report to Congress on the feasibility of establishing an Indian Tribal Development Corporation. Authorizes appropriations for FY 2005 and 2006.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Servicemembers Access to Justice Act of 2012''. SEC. 2. WAIVER OF SOVEREIGN IMMUNITY UNDER THE ELEVENTH AMENDMENT WITH RESPECT TO ENFORCEMENT OF EMPLOYMENT AND REEMPLOYMENT RIGHTS OF MEMBERS OF THE UNIFORMED SERVICES. (a) In General.--Section 4323 of title 38, United States Code, is amended-- (1) in subsection (b), by striking paragraph (2) and inserting the following new paragraph: ``(2) In the case of an action against a State (as an employer) by a person, the action may be brought in the appropriate district court of the United States or State court of competent jurisdiction.''; (2) by redesignating subsection (i) as subsection (j); and (3) by inserting after subsection (h) the following new subsection: ``(i) Waiver of State Sovereign Immunity.--(1) A State's receipt or use of Federal financial assistance for any program or activity of a State shall constitute a waiver of sovereign immunity, under the eleventh amendment to the Constitution or otherwise, to a suit brought by-- ``(A) a person who is or was an employee in that program or activity for the rights or benefits authorized the person by this chapter; ``(B) a person applying to be such an employee in that program or activity for the rights or benefits authorized the person by this chapter; or ``(C) a person seeking reemployment as an employee in that program or activity for the rights or benefits authorized the person by this chapter. ``(2) In this subsection, the term `program or activity' has the meaning given that term in section 309 of the Age Discrimination Act of 1975 (42 U.S.C. 6107).''. (b) Application.--The amendments made by subsection (a) shall apply to-- (1) any failure to comply with a provision of or any violation of chapter 43 of title 38, United States Code, that occurs before, on, or after the date of the enactment of this Act; and (2) to all actions or complaints filed under such chapter 43 that are commenced after the date of the enactment of this Act. SEC. 3. UNENFORCEABILITY OF AGREEMENTS TO ARBITRATE DISPUTES REGARDING EMPLOYMENT AND REEMPLOYMENT RIGHTS OF MEMBERS OF THE UNIFORMED SERVICES. (a) In General.--Subchapter III of chapter 43 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 4328. Unenforceability of agreements to arbitrate disputes ``(a) Protection of Employee Rights.--Notwithstanding any other provision of law, any clause of any agreement between an employer and an employee that requires arbitration of a dispute arising under this chapter shall not be enforceable. ``(b) Exceptions.--(1) Subsection (a) shall not apply with respect to any dispute if, after such dispute arises, the parties involved knowingly and voluntarily agree to submit such dispute to arbitration. ``(2) Subsection (a) shall not preclude the enforcement of any of the rights or terms of a valid collective bargaining agreement. ``(c) Validity and Enforcement.--Any issue as to whether this section applies to an arbitration clause shall be determined by Federal law. Except as otherwise provided in chapter 1 of title 9, the validity or enforceability of an agreement to arbitrate referred to in subsection (a) or (b)(1), shall be determined by a court, rather than the arbitrator, irrespective of whether the party resisting arbitration challenges the agreement to arbitrate specifically or in conjunction with other terms of the agreement. ``(d) Application.--This section shall apply with respect to all contracts and agreements between an employer and an employee in force before, on, or after the date of the enactment of this section.''. (b) Clerical Amendment.--The table of sections for such chapter is amended by inserting after the item relating to section 4326 the following new item: ``4328. Unenforceability of agreements to arbitrate disputes.''. (c) Application.--The provisions of section 4328 of title 38, United States Code, as added by subsection (a), shall apply to-- (1) any failure to comply with a provision of or any violation of chapter 43 of title 38, United States Code, that occurs before, on, or after the date of the enactment of this Act; and (2) to all actions or complaints filed under such chapter 43 that are pending on or after the date of the enactment of this Act. SEC. 4. ENHANCED REMEDIES FOR ENFORCEMENT OF EMPLOYMENT AND REEMPLOYMENT RIGHTS OF MEMBERS OF THE UNIFORMED SERVICES. (a) State and Private Employers.--Section 4323(d) of title 38, United States Code, is amended-- (1) by redesignating paragraphs (2) and (3) as paragraphs (4) and (5), respectively; (2) in paragraph (4) (as so redesignated)-- (A) by inserting after ``compensation'' each place it appears the following: ``or damages''; (B) by striking ``subparagraph (B) or (C) of paragraph (1)'' the first place it appears and inserting ``paragraph (1) or (3)''; and (C) by striking ``subparagraph (B) or (C) of paragraph (1)'' the second place it appears and inserting ``paragraph (1) or (3)''; and (3) by striking the subsection enumerator and heading and paragraph (1) and inserting the following: ``(d) Remedies.--(1) A State or private employer who violates the provisions of this chapter shall be liable to any person affected-- ``(A) for damages in the amount of-- ``(i) any wages, salary, benefits, or other compensation denied or lost by such person by reason of the violation; or ``(ii) in a case in which wages, salary, benefits, or other compensation have not been denied or lost to the person, any actual monetary losses sustained by the person as a result of the violation; ``(B) the interest on the amount described in subparagraph (A) calculated at the prevailing interest rates over the period of time for which the damages are due; and ``(C) an additional amount as liquidated damages equal to the sum of the amount described in subparagraph (A) and the interest described in subparagraph (B), or $10,000, whichever is greater except that, if the employer proves to the satisfaction of the court that the act or omission giving rise to the person's action was in good faith and that the employer had reasonable grounds for believing the act or omission was not a violation of the provisions of this chapter, the court may award, in its discretion, no liquidated damages or award any amount of liquidated damages not to exceed 100 percent of the compensation or damages awarded under subparagraph (A) and the interest described in subparagraph (B). ``(2) In any action under this section, the court may require the employer to comply with the provisions of this chapter.''. (b) Punitive Damages.--Section 4323(d) of such title is further amended by inserting after paragraph (2) (as inserted by subsection (a)(3) of this section) the following new paragraph: ``(3) In the case of a violation of this chapter by a State or private employer with 25 or more employees, the court shall require the employer to pay the person affected punitive damages if the court determines that the employer's violation of this chapter was done with malice or reckless indifference to the rights of the person under this chapter.''. (c) Right to Jury Trial.--Section 4323(d) of such title is further amended by adding at the end the following: ``(6) A person who commences an action under this section shall be entitled to a trial by jury.''. (d) Federal Government Employers.--Paragraph (2) of section 4324(c) of such title is amended to read as follows: ``(2) If the Board determines that a Federal executive agency or the Office of Personnel Management has violated the provisions of this chapter relating to the employment or reemployment of a person by the agency, the Board shall enter an order requiring the agency or Office to comply with such provisions and to compensate such person-- ``(A) for damages in the amount of-- ``(i) any wages, salary, benefits, or other compensation denied or lost by such person by reason of the violation; or ``(ii) in a case in which wages, salary, benefits, or other compensation has not been denied or lost to the person, any actual monetary losses sustained by the person as a result of the violation; ``(B) the interest on the amount described in subparagraph (A) calculated at the prevailing interest rates over the period of time for which the damages are due; and ``(C) an additional amount as liquidated damages equal to the sum of the amount described in subparagraph (A) and the interest described in subparagraph (B), or $10,000, whichever is greater; except that, if the Federal executive agency or the Office of Personnel Management proves to the satisfaction of the Board that the act or omission giving rise to such person's complaint was in good faith and that the agency or Office had reasonable grounds for believing that the act or omission was not a violation of the provisions of this chapter, the Board may award, in the discretion of the Board, no liquidated damages or award any amount of liquidated damages not to exceed 100 percent of the compensation or damages awarded under subparagraph (A) and the interest described in subparagraph (B).''. (e) Application.--The amendments made by this section shall apply to-- (1) any failure to comply with a provision of or any violation of chapter 43 of title 38, United States Code, that occurs before, on, or after the date of the enactment of this Act; and (2) to all actions or complaints filed under such chapter 43 that are commenced after the date of the enactment of this Act. SEC. 5. REQUIRED AWARD OF ATTORNEY FEES IN ACTIONS TO ENFORCE EMPLOYMENT AND REEMPLOYMENT RIGHTS OF MEMBERS OF THE UNIFORMED SERVICES. (a) Enforcement of Rights With Respect to a State or Private Employer.--Section 4323(h)(2) of title 38, United States Code, is amended by striking ``may'' and inserting ``shall''. (b) Enforcement of Rights With Respect to Federal Executive Agencies.--Section 4324(c)(4) of such title is amended by striking ``the Board may, in its discretion, award'' and inserting ``the Board shall award''. (c) Application.--The amendments made by subsections (a) and (b) shall apply to-- (1) any failure to comply with a provision of or any violation of chapter 43 of title 38, United States Code, that occurs before, on, or after the date of the enactment of this Act; and (2) to all actions or complaints filed under such chapter 43 that are pending on or after the date of the enactment of this Act. SEC. 6. REQUIRING EQUITABLE RELIEF WHEN APPROPRIATE. (a) In General.--Section 4323(e) of title 38, United States Code, is amended-- (1) by striking ``The court shall use,'' and inserting ``(1) The court shall use,''; and (2) by adding at the end the following new paragraph: ``(2) Notwithstanding rule 65 of the Federal Rules of Civil Procedure or any other provision of law, for purposes of determining whether to issue an injunction or restraining order pursuant to paragraph (1)-- ``(A) an employer's denial of reemployment or retention in employment shall constitute irreparable harm to a person who is denied reemployment or retention in employment if an injunction to reinstate such person is not issued, and such person shall be considered to have no adequate remedy at law; ``(B) if the court balances the hardships between the parties, there shall be a rebuttable presumption that the balance of harm to a person who is denied reemployment or retention in employment if an injunction to reinstate such person is not issued outweighs the harm to such person's employer or former employer if an injunction is issued to reinstate such person; and ``(C) if the court considers the public interest or public policy, there shall be a rebuttable presumption that the issuance of an injunction to reinstate a person who is denied reemployment or retention in employment is in the public interest and advances public policy.''. (b) Application.--The amendments made by subsection (a) shall apply to-- (1) any failure to comply with a provision of or any violation of chapter 43 of title 38, United States Code, that occurs before, on, or after the date of the enactment of this Act; and (2) to all actions or complaints filed under such chapter 43 that are pending on or after the date of the enactment of this Act. SEC. 7. REQUIREMENT THAT FEDERAL AGENCIES PROVIDE NOTICE TO CONTRACTORS OF POTENTIAL OBLIGATIONS RELATING TO EMPLOYMENT AND REEMPLOYMENT RIGHTS OF MEMBERS OF THE UNIFORMED SERVICES. (a) Civilian Agencies.-- (1) In general.--Chapter 47 of title 41, United States Code, is amended by adding at the end the following new section: ``Sec. 4712. Notice to contractors of potential obligations relating to employment and reemployment rights of members of the uniformed services ``Each contract for the procurement of property or services that is entered into by the head of an executive agency shall include a notice to the contractor that the contractor may have obligations under chapter 43 of title 38, United States Code.''. (2) Clerical amendment.--The table of sections at the beginning of chapter 47 of such title is amended by inserting after the item relating to section 4711 the following new item: ``4712. Notice to contractors of potential obligations relating to employment and reemployment rights of members of the uniformed services.''. (b) Armed Forces.-- (1) In general.--Chapter 137 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 2336. Notice to contractors of potential obligations relating to employment and reemployment rights of members of the uniformed services ``Each contract for the procurement of property or services that is entered into by the head of an executive agency shall include a notice to the contractor that the contractor may have obligations under chapter 43 of title 38.''. (2) Clerical amendment.--The table of sections for such chapter is amended by adding at the end the following new item: ``2336. Notice to contractors of potential obligations relating to employment and reemployment rights of members of the uniformed services.''. SEC. 8. CLARIFYING THAT PROVISIONS OF SECTION 4302 OF TITLE 38, UNITED STATES CODE, APPLY TO BOTH SUBSTANTIVE AND PROCEDURAL RIGHTS. Section 4302 of title 38, United States Code, is amended by inserting ``substantive or procedural'' before ``right or benefit'' each place it occurs. SEC. 9. COMPTROLLER GENERAL OF THE UNITED STATES STUDY ON EFFECTIVENESS OF FEDERAL PROGRAMS OF EDUCATION AND OUTREACH ON EMPLOYER OBLIGATIONS REGARDING EMPLOYMENT AND REEMPLOYMENT RIGHTS OF MEMBERS OF THE UNIFORMED SERVICES. (a) Study Required.--The Comptroller General of the United States shall conduct a study on the effectiveness of Federal programs of education and outreach on employer obligations under chapter 43 of title 38, United States Code. (b) Contents of Study.--In carrying out the study required by subsection (a), the Comptroller General shall-- (1) assess current practices and procedures of Federal agencies for educating employers about their obligations under chapter 43 of title 38, United States Code; (2) identify best practices for bringing the employment practices of small businesses into compliance with such chapter; (3) determine whether the Employer Support for the Guard and Reserve, the Small Business Administration, or other agencies could collaborate to develop a program to educate employers regarding their obligations under such chapter; and (4) determine the effect on recruitment and retention in the National Guard and Reserves of the failure of employers to meet their reemployment obligations under such chapter. (c) Report to Congress.--Not later than December 31, 2012, the Comptroller General shall submit to Congress a report on the study conducted under subsection (a), including the following: (1) The findings of the Comptroller General with respect to such study. (2) The recommendations of the Comptroller General for the improvement of education and outreach for employers with respect to their obligations under chapter 43 of title 38, United States Code.

Summary: Servicemembers Access to Justice Act of 2012 - Waives a state's sovereign immunity with respect to the enforcement of uniformed services members' employment or reemployment rights or benefits under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA). Makes unenforceable agreements between an employer and employee requiring arbitration of disputes arising under USERRA. Provides exceptions. Requires the validity and enforceability of such an agreement to be determined by a court (as opposed to the arbitrator). Provides increased liquidated damages, and authorizes punitive damages, against state or private employer violations of USERRA. Provides a right to a jury trial in such cases. Requires (under current law, authorizes) the award of attorney fees in actions to enforce USERRA. Requires (under current law, authorizes) a court to use equitable relief, including injunctions and restraining orders when appropriate, for USERRA violations. Requires federal procurement contracts to include a notice that the contractor may have USERRA obligations. Requires a Comptroller General study on the effectiveness of federal education and outreach programs on employer obligations under USERRA.