SECTION 1. SHORT TITLE. This Act may be cited as the ``Volunteer Protection Act of 1993''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds and declares that-- (1) within certain States, the willingness of volunteers to offer their services has been increasingly deterred by a perception that they thereby put personal assets at risk in the event of liability actions against the organization they serve; (2) as a result of this perception, many nonprofit public and private organizations and governmental entities, including voluntary associations, social service agencies, educational institutions, local governments, foundations, and other civic programs, have been adversely affected through the withdrawal of volunteers from boards of directors and service in other capacities; (3) the contribution of these programs to their communities is thereby diminished, resulting in fewer and higher cost programs than would be obtainable if volunteers were participating; and (4) because Federal funds are expended on useful and cost effective social service programs which depend heavily on volunteer participation, protection of voluntarism through clarification and limitation of the personal liability risks assumed by the volunteer in connection with such participation is an appropriate subject for Federal encouragement of State reform. (b) Purpose.--It is the purpose of this Act to-- (1) promote the interests of social service program beneficiaries and taxpayers; and (2) sustain the availability of programs and nonprofit organizations and governmental entities which depend on volunteer contributions by encouraging reasonable reform of State laws to provide protection from personal financial liability to volunteers serving with nonprofit organizations and governmental entities for actions undertaken in good faith on behalf of such organizations. SEC. 3. NO PREEMPTION OF STATE TORT LAW. Nothing in this Act shall be construed to preempt the laws of any State governing tort liability actions. SEC. 4. STATE STATUTES PROVIDING FOR LIMITATIONS ON LIABILITY FOR VOLUNTEERS. An allotment may be increased for a State under the provisions of section 5, if the State statute referred to under subsection (a) of such section includes the following provisions: (1) Except as provided in paragraphs (2) and (4), any volunteer of a nonprofit organization or governmental entity shall incur no personal financial liability for any tort claim alleging damage or injury from any act or omission of the volunteer on behalf of the organization or entity if-- (A) such individual was acting in good faith and within the scope of such individual's official functions and duties with the organization or entity; and (B) such damage or injury was not caused by willful and wanton misconduct by such individual. (2) Nothing in this section shall be construed to affect any civil action brought by any nonprofit organization or any governmental entity against any volunteer of such organization or entity. (3) Nothing in this section shall be construed to affect the liability of any nonprofit organization or governmental entity with respect to injury caused to any person. (4) The following conditions on, and exceptions to, the granting of liability may be imposed for protection to any volunteer of an organization or entity required under paragraph (1): (A) The organization or entity shall adhere to risk management procedures, including mandatory training of volunteers. (B) The organization or entity shall be liable for the acts or omissions of its volunteers to the same extent as an employer is liable, under the laws of the State, for the acts or omissions of its employees. (C) The protection from liability shall not apply if the volunteer was operating a motor vehicle or was operating a vessel, aircraft, or other vehicle for which a pilot's license is required. (D) The protection from liability shall not apply in the case of a suit brought by an appropriate officer of a State or local government to enforce a Federal, State, or local law. (E) The protection from liability shall apply only if the organization or entity provides a financially secure source of recovery for individuals who suffer injury as a result of actions taken by a volunteer on behalf of the organization or entity. A financially secure source of recovery may be an insurance policy within specified limits, comparable coverage from a risk pooling mechanism, equivalent assets, or alternative arrangements that satisfy the State that the entity will be able to pay for losses up to a specified amount. Separate standards for different types of liability exposure may be specified. SEC. 5. CERTIFICATION REQUIREMENT AND ADJUSTMENT OF SOCIAL SERVICES BLOCK GRANT ALLOTMENTS. (a) Certification and Block Grant Allotments.--In the case of any State which certifies, not later than 2 years after the date of the enactment of this Act, to the Secretary of Health and Human Services that it has enacted, adopted, or otherwise has in effect State law which substantially complies with section 4, the Secretary shall increase by 1 percent the fiscal year allotment which would otherwise be made to such State to carry out the Social Services Block Grant Program under title XX of the Social Security Act. (b) Continuation of Increase.--Any increase made under subsection (a) in an allotment to a State shall remain in effect only if the State makes a certification to the Secretary of Health and Human Services, not later than the end of each 1-year period occurring successively after the end of the 2-year period described in subsection (a), that it has in effect State law which substantially complies with section 4(a). SEC. 6. DEFINITIONS. For purposes of this Act-- (1) the term ``volunteer'' means an individual performing services for a nonprofit organization or a governmental entity who does not receive compensation, or any other thing of value in lieu of compensation, for such services (other than reimbursement for expenses actually incurred or honoraria not to exceed $300 per year for government service), and such term includes a volunteer serving as a director, officer, trustee, or direct service volunteer; (2) the term ``nonprofit organization'' means any organization described in section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code; (3) the term ``damage or injury'' includes physical, nonphysical, economic, and noneconomic damage; and (4) the term ``State'' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, any other territory or possession of the United States, or any political subdivision of any such State, territory, or possession.

Summary: Volunteer Protection Act of 1993 - Prescribes circumstances under which volunteers working for nonprofit organizations or government entities shall be immune from personal financial liability for acts on behalf of the organization or entity. Sets forth exceptions and conditions that a State may impose on the granting of such immunity. Requires the Secretary of Health and Human Services to increase by one percent the fiscal year allotment which would otherwise be made to a State to carry out the Social Services Block Grant Program under title XX of the Social Security Act if such State has, within two years, certified to the Secretary that it has enacted a State law which provides such immunity. Provides for the continuation of such increase based on an annual recertification.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Native Language Immersion Student Achievement Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Congress established the unique status of Native American languages and distinctive policies supporting their use as a medium of education in the Native American Languages Act (Public Law 101-477). (2) Reports from the Bureau of Indian Affairs and tribal, public, charter, and private schools and colleges that use primarily Native American languages to deliver education, have indicated that students from these schools have generally had high school graduation and college attendance rates above the norm for their peers. (3) The Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) includes policy barriers to schools taught through Native American languages and a lack of adequate funding to support such opportunities. (4) There is a critical need that requires immediate action to support education through Native American languages to preserve these languages. SEC. 3. NATIVE AMERICAN LANGUAGE SCHOOLS. Title VII of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7401 et seq.) is amended by adding at the end the following: ``PART D--NATIVE AMERICAN LANGUAGE SCHOOLS ``SEC. 7401. NATIVE AMERICAN LANGUAGE SCHOOLS. ``(a) Purposes.--The purposes of this section are-- ``(1) to establish a grant program to support schools using Native American languages as the primary language of instruction of all curriculum taught at the school that will improve high school graduation rates, college attainment, and career readiness; and ``(2) to further integrate into this Act, Federal policy for such schools, as established in the Native American Languages Act (Public Law 101-477). ``(b) Program Authorized.-- ``(1) In general.--From the amounts made available to carry out this section, the Secretary may award grants to eligible entities to develop and maintain, or to improve and expand, programs that support schools, including prekindergarten through postsecondary education, using Native American languages as the primary language of instruction of all curriculum taught at the schools. ``(2) Eligible entities.--In this section, the term `eligible entity' means a school or a private or tribal, nonprofit organization that has a plan to develop and maintain, or to improve and expand, programs that support schools using Native American languages as the primary language of instruction of all curriculum taught at the schools. ``(c) Application.-- ``(1) In general.--An eligible entity that desires to receive 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, including the following: ``(A) The name of the Native American language to be used for instruction at the school supported by the eligible entity. ``(B) The number of students attending such school. ``(C) The number of present hours of Native American language instruction being provided to students at such school, if any. ``(D) The status of such school with regard to any applicable tribal education department or agency, public education system, indigenous language schooling research and cooperative, or accrediting body. ``(E) A statement that such school-- ``(i) is engaged in meeting targeted proficiency levels for students, as may be required by applicable Federal, State, or tribal law; and ``(ii) provides assessments of student using the Native American language of instruction, where appropriate. ``(F) A list of the instructors, staff, administrators, contractors, or subcontractors at such school and their qualifications to deliver high quality education through the Native American language of the school. ``(2) Additional application materials.--In addition to the application described in paragraph (1), an eligible entity that desires to receive a grant under this section shall submit to the Secretary the following: ``(A) A certification from a Federally recognized Indian tribe, or a letter from any Native American entity, on whose land the school supported by the eligible entity is located, or which is served by such school, indicating that the school has the capacity to provide education primarily through a Native American language and that there are sufficient speakers of such Native American language at the school or available to be hired by the school. ``(B) A statement that such school will participate in data collection conducted by the Secretary that will determine best practices and further academic evaluation of the school. ``(C) A demonstration of the capacity to have speakers of its Native American language provide the basic education offered by such school on a full-time basis. ``(d) Awarding of Grants.--In awarding grants under this section, the Secretary shall-- ``(1) determine the amount and length of each grant; ``(2) ensure, to the maximum extent feasible, that diversity in languages is represented; and ``(3) require the eligible entities to present a Native language education plan to improve high school graduation rates, college attainment, and career readiness. ``(e) Activities Authorized.--An eligible entity that receives a grant under this section shall carry out the following activities: ``(1) Support Native American language education and development. ``(2) Develop or refine instructional curriculum for the school supported by the eligible entity, including distinctive teaching materials and activities, as appropriate. ``(3) Fund training opportunities for teachers and, as appropriate, staff and administrators, that would strengthen the overall language and academic goals of such school. ``(4) Other activities that promote Native American language education and development, as appropriate. ``(f) Report to Secretary.--Each eligible entity that receives a grant under this section shall provide an annual report to the Secretary in such form and manner as the Secretary may require. ``(g) Authorization of Appropriation.--There is authorized to be appropriated to carry out this section $5,000,000 for fiscal year 2015, and such sums as may be necessary for each of the 4 succeeding fiscal years.''.

Summary: Native Language Immersion Student Achievement Act - Amends the Elementary and Secondary Education Act of 1965 to authorize the Secretary of Education to award grants to schools and private or tribal nonprofit organizations to develop and maintain, or improve and expand, programs that support the use by schools, from the prekindergarten through postsecondary level, of Native American languages as their primary language of instruction. Requires grant applicants to present the Secretary with specified assurances and demonstrations that the schools they will support have the capacity to provide education primarily through a Native American language. Requires grantees to: support Native American language education and development; develop or refine instructional curricula for the schools they support, including distinctive teaching materials and activities; fund training opportunities for school staff that strengthen the overall language and academic goals of their schools; and engage in other activities that promote Native American language education and development.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Presidential Sites Improvement Act of 2000''. SEC. 2. FINDINGS. Congress finds that-- (1) there are many sites honoring Presidents located throughout the United States, including Presidential birthplaces, homes, museums, burial sites, and tombs; (2) most of the sites are owned, operated, and maintained by non-Federal entities such as State and local agencies, family foundations, colleges and universities, libraries, historical societies, historic preservation organizations, and other nonprofit organizations; (3) Presidential sites are often expensive to maintain; (4) many Presidential sites are in need of capital, technological, and interpretive display improvements for which funding is insufficient or unavailable; and (5) to promote understanding of the history of the United States by recognizing and preserving historic sites linked to Presidents of the United States, the Federal Government should provide grants for the maintenance and improvement of Presidential sites. SEC. 3. DEFINITIONS. In this Act: (1) Grant commission.--The term ``Grant Commission'' means the Presidential Site Grant Commission established by section 4(d). (2) Presidential site.--The term ``Presidential site'' means a Presidentially-related site of national significance that is-- (A) managed, maintained, and operated for, and is accessible to, the public; and (B) owned or operated by-- (i) a State; or (ii) a private institution, organization, or person. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Director of the National Park Service. SEC. 4. GRANTS FOR PRESIDENTIAL SITES. (a) In General.--The Secretary shall award grants for major maintenance and improvement projects at Presidential sites to owners or operators of Presidential sites in accordance with this section. (b) Use of Grant Funds.-- (1) In general.--A grant awarded under this section may be used for-- (A) repairs or capital improvements at a Presidential site (including new construction for necessary modernization) such as-- (i) installation or repair of heating or air conditioning systems, security systems, or electric service; or (ii) modifications at a Presidential site to achieve compliance with requirements under titles II and III of the Americans with Disabilities Act of 1990 (42 U.S.C. 12131 et seq.); and (B) interpretive improvements to enhance public understanding and enjoyment of a Presidential site. (2) Allocation of funds.-- (A) In general.--Of the funds made available to award grants under this Act-- (i) 15 percent shall be used for emergency projects, as determined by the Secretary; (ii) 65 percent shall be used for grants for Presidential sites with-- (I) a 3-year average annual operating budget of less than $700,000 (not including the amount of any grant received under this section); and (II) an endowment in an amount that is less than 3 times the annual operating budget of the site; and (iii) 20 percent shall be used for grants for Presidential sites with-- (I) an annual operating budget of $700,000 or more (not including the amount of any grant received under this section); and (II) an endowment in an amount that is equal to or more than 3 times the annual operating budget of the site. (B) Unexpended funds.--If any funds allocated for a category of projects described in subparagraph (A) are unexpended, the Secretary may use the funds to award grants for another category of projects described in that subparagraph. (c) Application and Award Procedure.-- (1) In general.--Not later than a date to be determined by the Secretary, an owner or operator of a Presidential site may submit to the Secretary an application for a grant under this section. (2) Involvement of grant commission.-- (A) In general.--The Secretary shall forward each application received under paragraph (1) to the Grant Commission. (B) Consideration by grant commission.--Not later than 60 days after receiving an application from the Secretary under subparagraph (A), the Grant Commission shall return the application to the Secretary with a recommendation of whether the proposed project should be awarded a Presidential site grant. (C) Recommendation of grant commission.--In making a decision to award a Presidential site grant under this section, the Secretary shall take into consideration any recommendation of the Grant Commission. (3) Award.--Not later than 180 days after receiving an application for a Presidential site grant under paragraph (1), the Secretary shall-- (A) award a Presidential site grant to the applicant; or (B) notify the applicant, in writing, of the decision of the Secretary not to award a Presidential site grant. (4) Matching requirements.-- (A) In general.--The Federal share of the cost of a project at a Presidential site for which a grant is awarded under this section shall not exceed 50 percent. (B) Non-federal share.--The non-Federal share of the cost of a project at a Presidential site for which a grant is awarded under this section may be provided in cash or in kind. (d) Presidential Site Grant Commission.-- (1) In general.--There is established the Presidential Site Grant Commission. (2) Composition.--The Grant Commission shall be composed of-- (A) the Director of the National Park Service; and (B) 4 members appointed by the Secretary as follows: (i) A State historic preservation officer. (ii) A representative of the National Trust for Historic Preservation. (iii) A representative of a site described in subsection (b)(2)(A)(ii). (iv) A representative of a site described in subsection (b)(2)(A)(iii). (3) Term.--A member of the Grant Commission shall serve a term of 2 years. (4) Duties.--The Grant Commission shall-- (A) review applications for Presidential site grants received under subsection (c); and (B) recommend to the Secretary projects for which Presidential site grants should be awarded. (5) Ineligibility of sites during term of representative.-- A site described in clause (iii) or (iv) of paragraph (2)(B) shall be ineligible for a grant under this Act during the 2- year period in which a representative of the site serves on the Grant Commission. (6) Nonapplicability of faca.--The Grant Commission shall not be subject to the Federal Advisory Committee Act (5 U.S.C. App.). (e) Authorization of Appropriations.--There is authorized to be appropriated to carry out this Act $5,000,000 for each of fiscal years 2001 through 2005, to remain available until expended.

Summary: Establishes the Presidential Site Grant Commission to review grant applications and make award recommendations to the Secretary. Authorizes appropriations.


SECTION 1. SHORT TITLE. This Act may be cited as the ``No Subsidies Without Verification Act of 2014''. SEC. 2. FINDINGS. Congress finds the following: (1) On July 5, 2013, the Department of Health and Human Services released more than 600 pages of a final rule to implement the provisions of the Patient Protection and Affordable Care Act and the health care provisions of the Health Care and Education Reconciliation Act of 2010 (commonly referred to as ``Obamacare'' or the ``ACA''). (2) Such final rule included an announcement that the Federal Government would no longer verify that each applicant for premium tax credits or cost-sharing reductions for coverage offered through an Exchange established under the Patient Protection and Affordable Care Act are actually qualified for such credits or reductions. Instead, the Administration would rely on self-attestation and sample audits of a sample population to ``protect'' the integrity of this new $1 trillion entitlement program. (3) The Department of Health and Human Services later announced a change in such policy and stated it would extend the sample population to 100 percent. This change, though announced, was never made to the final rule, meaning there was no guarantee to the American people that applicants would be verified. (4) It is estimated that not verifying eligibility for such credits and reductions could likely equate to approximately $250 billion in fraudulent payments through payments of such Obamacare premium tax credits and cost-sharing reductions. (5) The final rule provides that the Department of Health and Human Services will offer to perform this verification procedure for States that are establishing a State-based Exchange, but will be unable to do so until 2015. As a result, such States will not be required to randomly verify employer- sponsored coverage until 2015. (6) In order to protect taxpayers after the Department of Health and Human Services failed to implement a new rule that it would ensure Congress and taxpayers that verification of eligibility would be performed, the House of Representatives advanced legislation, H.R. 2775, the No Subsidies Without Verification Act. This legislation would have provided the force of law to ensure that verification would occur prior to the issuance of any Obamacare premium tax credit or cost- sharing reduction. (7) On September 12, 2013, this legislation was passed in the House of Representatives with bipartisan support by a 235 to 191 vote margin. (8) On September 10, 2013, the Obama Administration issued a Statement of Administration Policy to H.R. 2775 that stated ``the Administration strongly opposes House passage of H.R. 2775 because the goal of the bill is already being accomplished while the text of the bill would create delays that could cost millions of hard-working middle-class families the security of affordable health coverage and care they deserve''. (9) The Statement of Administration Policy also stated that ``H.R. 2775 is unnecessary because the Secretary of Health and Human Services has already put in place an effective and efficient system for verification of eligibility for premium tax credits and cost sharing reductions.''. (10) On October 16, 2013, the Senate removed the verification mechanism of H.R. 2775 and replaced it with language that required a report to Congress by the Secretary of Health and Human Services no later than January 1, 2014. (11) On January 1, 2014, the Department of Health and Human Services submitted a mandated report to Congress entitled, ``Verification of Household Income and Other Qualifications for the Provision of Affordable Care At Premium Tax Credits and Cost-Sharing Reductions''. (12) This report to Congress states, ``In accordance with statute and applicable implementing regulations, when a consumer submits an application for insurance affordability programs (which include APTCs, CSRs, Medicaid, the Children's Health Insurance Program (CHIP), and the Basic Health Program (BHP)), the Exchange verifies information provided by the consumer on the application as a component of making an eligibility determination. The processes for verifying information in order to determine eligibility for enrollment in a qualified health plan (QHP) through the Exchange and for APTC under section 36B of the Internal Revenue Code (the Code) and CSRs under section 1402 of the ACA are specified in the ACA and its implementing regulations. Pursuant to both statute and applicable regulations, the Exchanges have implemented numerous processes to carry out the verification of information provided by applicants.''. (13) Beginning in 2014, Federal subsidies have been made available to help individuals purchase health insurance through an Exchange through premium tax credits and cost-sharing reductions. On April 2014, the Department of Health and Human Services delayed implementation of income verification systems in order to increase sign-ups for health care plans through the healthcare.gov website. (14) Various reports indicate that the internal portions of the healthcare.gov website are yet to be finalized, thus leaving the Department of Health and Human Services unable to perform the verification it stated it was performing. The Obama Administration is operating a new Federal entitlement program that fails to prevent fraudulent subsidy claims before administered. In doing so, the Department of Health and Human Services has created a new ``pay and chase'' program that places taxpayers at financial risk of fraudulent claims. SEC. 3. DELAYING PROVISION OF ACA PREMIUM AND COST-SHARING SUBSIDIES UNTIL ELIGIBILITY VERIFICATION PROCESS FOR SUCH SUBSIDIES IS COMPLETE. (a) In General.--Notwithstanding any other provision of law, in the case of an individual with respect to whom a premium tax credit under section 36B of the Internal Revenue Code of 1986 or reduced cost- sharing under section 1402 of the Patient Protection and Affordable Care Act (42 U.S.C. 18071) is being claimed, no such credit or reduction shall be allowed before the first date of the first coverage month beginning on or after the date on which the process to verify, in accordance with section 1411 of the Patient Protection and Affordable Care Act (42 U.S.C. 18081), the household income and coverage requirements of such individual for purposes of determining eligibility for, and the accurate amount of, such credit or reduction, respectively, has been completed. For purposes of the previous sentence, the verification process described in such sentence with respect to an individual shall not be treated as complete unless a manual or electronic review has been completed of applicable information required to be submitted by such individual under section 1411(b) of such Act (42 U.S.C. 18081(b)) and any inconsistency of such information with records of the Secretary of the Treasury, Secretary of Homeland Security, or the Commissioner of Social Security has been resolved. (b) Treatment of Individual Mandate.--Notwithstanding any other provision of law, no penalty shall be imposed under section 5000A of the Internal Revenue Code of 1986 with respect to an individual for any month-- (1) with respect to which a premium tax credit under section 36B of the Internal Revenue Code of 1986 is being claimed for such individual; and (2) that begins before the date on which the verification process described in subsection (a) has been completed, in accordance with such subsection, with respect to such claim for such individual. (c) Application Provisions.-- (1) Effective date.--Subject to paragraph (2), the provisions of this section shall apply to coverage months beginning on or after the date of the enactment of this Act. (2) Treatment of individuals currently receiving subsidies.-- (A) Suspension of certain subsidies.--In the case of an individual with respect to whom a premium tax credit under section 36B of the Internal Revenue Code of 1986 or reduced cost-sharing under section 1402 of the Patient Protection and Affordable Care Act (42 U.S.C. 18071) has been claimed before the date of the enactment of this Act and for whom such a credit or reduction has been allowed before such date, such allowance shall be suspended until the coverage month described in subsection (a) with respect to such claim for such individual. (B) Special enrollment period.-- (i) In general.--The Secretary of Health and Human Services shall take such steps as are necessary to establish a special enrollment period of 45 days, beginning on the date of completion of the verification process described in subsection (a), with respect to an individual described in clause (ii), for such individual to enroll in qualified health plans offered through Exchanges established under title I of the Patient Protection and Affordable Care Act. (ii) Individual described.--For purposes of clause (i), an individual described in this clause is an individual-- (I) who is enrolled in a qualified health plan described in clause (i) before the date of the enactment of this Act; (II) to whom the suspension under subparagraph (A) applies; (III) who terminated enrollment in the qualified health plan during such period of suspension; and (IV) who, after the completion of the verification process described in subsection (a) with respect to such individual, seeks to enroll in such a qualified health plan.

Summary: No Subsidies Without Verification Act of 2014 - Disallows the health plan premium assistance tax credit or cost-sharing reduction under the Patient Protection and Affordable Care Act before the first date of the first coverage month beginning on or after the date on which the process to verify an individual's household income and coverage requirements of such individual for purposes of determining eligibility for, and the accurate amount of, the credit or reduction, respectively, has been completed. Requires for such verification: (1) completion of a manual or electronic review of the information required of an applicant for enrollment in a plan, and (2) resolution of any inconsistency of such information with records of the Departments of the Treasury or Homeland Security (DHS) or the Social Security Administration. Exempts individuals from the penalty for not maintaining minimum essential coverage for any month with respect to which a premium tax credit is being claimed and that begins before the date on which the verification process has been completed. Suspends, until the coverage month beginning after eligibility verification has been completed, the premium tax credit and reduced cost-sharing in the case of individuals for whom the subsidy was allowed before enactment of this Act. Provides a special enrollment period for an individual who terminated enrollment in a qualified plan during the period of suspension.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Pueblo of Isleta Settlement and Natural Resources Restoration Act of 2006''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) there is pending before the United States Court of Federal Claims a civil action filed by the Pueblo against the United States in which the Pueblo seeks to recover damages pursuant to the Isleta Jurisdictional Act; (2) the Pueblo and the United States, after a diligent investigation of the Pueblo claims, have negotiated a Settlement Agreement, the validity and effectiveness of which is contingent on the enactment of enabling legislation; (3) certain land of the Pueblo is waterlogged, and it would be to the benefit of the Pueblo and other water users to drain the land and return water to the Rio Grande River; and (4) there is Pueblo forest land in need of remediation in order to improve timber yields, reduce the threat of fire, reduce erosion, and improve grazing conditions. (b) Purposes.--The purposes of this Act are-- (1) to improve the drainage of the irrigated land, the health of the forest land, and other natural resources of the Pueblo; and (2) to settle all claims that were raised or could have been raised by the Pueblo against the United States under the Isleta Jurisdictional Act in accordance with section 5. SEC. 3. DEFINITIONS. In this Act: (1) Isleta jurisdictional act.--The term ``Isleta Jurisdictional Act'' means Public Law 104-198 (110 Stat. 2418). (2) Pueblo.--The term ``Pueblo'' means the Pueblo of Isleta, a federally-recognized Indian tribe. (3) Restoration fund.--The term ``Restoration Fund'' means the Pueblo of Isleta Natural Resources Restoration Fund established by section 4(a). (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (5) Settlement agreement.--The term ``Settlement Agreement'' means the Agreement of Compromise and Settlement entered into between the United States and the Pueblo dated July 12, 2005, as modified by the Extension and Modification Agreement executed by the United States and the Pueblo on June 22, 2006, to settle the claims of the Pueblo in Docket No. 98- 166L, a case pending in the United States Court of Federal Claims. SEC. 4. PUEBLO OF ISLETA NATURAL RESOURCES RESTORATION TRUST FUND. (a) Establishment.--There is established in the Treasury of the United States a trust fund, to be known as the ``Pueblo of Isleta Natural Resources Restoration Fund'', consisting of-- (1) such amounts as are transferred to the Restoration Fund under subsection (b); and (2) any interest earned on investment of amounts in the Restoration Fund under subsection (d). (b) Transfers to Restoration Fund.--Upon entry of the final judgment described in section 5(b), there shall be transferred to the Restoration Fund, in accordance with conditions specified in the Settlement Agreement and this Act-- (1) $32,838,750 from the permanent judgment appropriation established pursuant to section 1304 of title 31, United States Code; and (2) in addition to the amounts transferred under paragraph (1), at such times and in such amounts as are specified for that purpose in the annual budget of the Department of the Interior, authorized to be appropriated by subsection (f), and made available by an Act of appropriation, a total of $7,200,000. (c) Distribution of Amounts From Restoration Fund.-- (1) Appropriated amounts.-- (A) In general.--Subject to paragraph (3), upon the request of the Pueblo, the Secretary shall distribute amounts deposited in the Restoration Fund pursuant to section V of the Settlement Agreement and subsection (b)(2), in accordance with the terms and conditions of the Settlement Agreement and this Act, on the condition that the Secretary, before any such distribution, receives from the Pueblo such assurances as are satisfactory to the Secretary that-- (i) the Pueblo shall deliver funds in the amount of $7,100,000 toward drainage and remediation of the agricultural land and rehabilitation of forest and range land of the Pueblo in accordance with section IV(C) and IV(D) of the Settlement Agreement; and (ii) those funds shall be available for expenditure for drainage and remediation expenses as provided in sections IV(C) and IV(D) of the Settlement Agreement on the dates on which the Secretary makes distributions, and in amounts equal to the amounts so distributed, in accordance with sections IV(A) and IV(B) of the Settlement Agreement. (B) Use of funds.--Of the amounts distributed by the Secretary from the Restoration Fund under subparagraph (A)-- (i) $5,700,000 shall be available to the Pueblo for use in carrying out the drainage and remediation of approximately 1,081 acres of waterlogged agricultural land, as described in section IV(A) of the Settlement Agreement; and (ii) $1,500,000 shall be available to the Pueblo for use in carrying out the rehabilitation and remediation of forest and range land, as described in section IV(B) of the Settlement Agreement. (C) Federal consultation.--Restoration work carried out using funds distributed under this paragraph shall be planned and performed in consultation with-- (i) the Bureau of Indian Affairs; and (ii) such other Federal agencies as are necessary. (D) Unused funds.--Any funds, including any interest income, that are distributed under this paragraph but that are not needed to carry out this paragraph shall be available for use in accordance with paragraph (2)(A). (2) Amounts from judgment fund.-- (A) In general.--Subject to paragraph (3), the amount paid into the Restoration Fund under subsection (b)(1), and interest income resulting from investment of that amount, shall be available to the Pueblo for-- (i) the acquisition, restoration, improvement, development, and protection of land, natural resources, and cultural resources within the exterior boundaries of the Pueblo, including improvements to the water supply and sewage treatment facilities of the Pueblo; and (ii) for the payment and reimbursement of attorney and expert witness fees and expenses incurred in connection with Docket No. 98-166L of the United States Court of Federal Claims, as provided in the Settlement Agreement. (B) No contingency on provision of funds by pueblo.--The receipt and use of funds by the Pueblo under this paragraph shall not be contingent upon the provision by the Pueblo of the funds described in paragraph (1)(A)(i). (3) Expenditures and withdrawal.-- (A) Tribal management plan.-- (i) In general.--Subject to clause (ii), the Pueblo may withdraw all or part of the Restoration Fund on approval by the Secretary of a tribal management plan in accordance with section 202 of the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4022). (ii) Requirements.--In addition to the requirements under the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.), a tribal management plan described in clause (i) shall require that the Pueblo shall expend any funds withdrawn from the Restoration Fund under this paragraph in a manner consistent with the purposes described in the Settlement Agreement. (B) Enforcement.--The Secretary may take judicial or administrative action to enforce the provisions of any tribal management plan described in subparagraph (A)(i) to ensure that any funds withdrawn from the Restoration Fund under this paragraph are used in accordance with this Act. (C) Liability.--If the Pueblo exercises the right to withdraw funds from the Restoration Fund under this paragraph, neither the Secretary nor the Secretary of the Treasury shall retain any liability for the accounting, disbursement, or investment of the funds withdrawn. (D) Expenditure plan.-- (i) In general.--The Pueblo shall submit to the Secretary for approval an expenditure plan for any portion of the funds in the Restoration Fund made available under this Act that the Pueblo does not withdraw under this paragraph. (ii) Description.--The expenditure plan shall describe the manner in which, and the purposes for which, funds of the Pueblo remaining in the Restoration Fund will be used. (iii) Approval.--On receipt of an expenditure plan under clause (i), the Secretary shall approve the plan if the Secretary determines that the plan is reasonable and consistent with this Act and the Settlement Agreement. (E) Annual report.--The Pueblo shall submit to the Secretary an annual report that describes expenditures from the Restoration Fund during the year covered by the report. (d) Maintenance and Investment of Restoration Fund.-- (1) In general.--The Restoration Fund and amounts in the Restoration Fund shall be maintained and invested by the Secretary of the Interior pursuant to the first section of the Act of June 24, 1938 (52 Stat. 1037, chapter 648). (2) Credits to restoration fund.--The interest on, and the proceeds from the sale or redemption of, any obligations held in the Restoration Fund shall be credited to, and form a part of, the Restoration Fund. (e) Prohibition on Per-Capita Payments.--No portion of the amounts in the Restoration Fund shall be available for payment on a per-capita basis to members of the Pueblo. (f) Authorization of Appropriations.--There is authorized to be appropriated to the Restoration Fund $7,200,000. SEC. 5. RATIFICATION OF SETTLEMENT, DISMISSAL OF LITIGATION, AND COMPENSATION TO PUEBLO. (a) Ratification of Settlement Agreement.--The Settlement Agreement is ratified. (b) Dismissal.--Not later than 90 days after the date of enactment of this Act, the Pueblo and the United States shall execute and file a joint stipulation for entry of final judgment in the case of Pueblo of Isleta v. United States, Docket 98-166L, in the United States Court of Federal Claims in such form and such manner as are acceptable to the Attorney General and the Pueblo. (c) Compensation.--After the date of enactment of this Act, in accordance with the Settlement Agreement, and upon entry of the final judgment described in subsection (b)-- (1) compensation to the Pueblo shall be paid from the permanent judgment appropriation established pursuant to section 1304 of title 31, United States Code, in the total amount of $32,838,750 for all monetary damages and attorney fees, interest, and any other fees and costs of any kind that were or could have been presented in connection with Docket No. 98-166L of the United States Court of Federal Claims; but (2) the Pueblo shall retain all rights, including the right to bring civil actions based on causes of action, relating to the removal of ordnance under-- (A) the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.); (B) the Defense Environmental Restoration Program under section 2701 of title 10, United States Code; and (C) any contract entered into by the Pueblo for the removal of ordnance. (d) Other Limitations on Use of Funds.--The Indian Tribal Judgment Funds Use or Distribution Act (25 U.S.C. 1401 et seq.) shall not apply to funds distributed or withdrawn from the Restoration Fund under this Act. (e) No Effect on Land, Resources, or Water Rights.--Nothing in this Act affects the status of land and natural resources of the Pueblo or any water right of the Pueblo.

Summary: Pueblo of Isleta Settlement and Natural Resources Restoration Act of 2006 - Establishes in the Treasury the Pueblo of Isleta Natural Resources Restoration Fund for: (1) settlement of the claims of the Pueblo of Isleta; and (2) the acquisition, restoration, improvement, development, and protection of land, natural resources, and cultural resources within the exterior boundaries of the Pueblo. Provides for the maintenance and investment of the restoration fund. Ratifies the Agreement of Compromise and Settlement entered into between the United States and the Pueblo on July 12, 2005, as modified by the Extension and Modification Agreement executed by the United States and the Pueblo on June 22, 2006, to settle the claims in the case of Pueblo of Isleta v. United States, Docket No. 98-166L, pending in the U.S. Court of Federal Claims. Directs the Pueblo and the United States to execute and file a joint stipulation for entry of final judgment in dismissal of such case. Provides for the payment of compensation to the Pueblo from the permanent judgment appropriation for all monetary damages and attorney fees, interest, and other fees and costs of any kind that were or could have been presented in connection with Docket No. 98-166L.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Improving Security for Investors and Providing Closure Act of 2013'' or the ``Improving SIPC Act of 2013''. SEC. 2. CUSTOMER PAYMENT DURING PENDING ACTION. (a) In General.--Section 11 of the Securities Investor Protection Act of 1970 (15 U.S.C. 78ggg) is amended-- (1) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and (2) by inserting after subsection (b) the following: ``(c) Customer Payment During Pending Action.-- ``(1) One-time payment permitted.-- ``(A) In general.--At the time that an action is initiated under subsection (b), SIPC may choose to allow all customers of the debtor to elect to receive a one-time payment from the SIPC Fund. ``(B) Customer election.--If SIPC allows customers to make the election described under subparagraph (A), each customer choosing to make such election must make such election during the action brought under subsection (b), but in no case later than the 180-day period beginning on the date that SIPC chooses to allow such election. ``(2) Method of payment.-- ``(A) In general.--To the extent practicable, one- time payments made under this subsection shall be made in the same manner as payments of net equity claims of customers of a debtor are made under the other provisions of this Act. ``(B) Payment amount limited to claims.--The amount paid to a customer under this subsection shall be equal to the lesser of-- ``(i) the customer's net equity claim against the debtor; and ``(ii) the cap set under paragraph (3). ``(3) Cap on one-time payments.--At the time the action is initiated under subsection (b), SIPC shall set a cap on the amount of one-time payments that can be made under this subsection, and such cap-- ``(A) shall not exceed $500,000; and ``(B) shall apply equally to all customers of the debtor. ``(4) Effect of election.-- ``(A) No sipc advance.--Section 9(a) shall not apply with respect to any customer who receives a one- time payment under this subsection. ``(B) Subrogation.--With respect to any customer who receives a one-time payment under this subsection, SIPC shall be subrogated to all rights of such customer against the debtor once the customer recovers an amount equal to the customer's net equity claim against the debtor. ``(5) Notice; technical assistance.--If SIPC allows customers to make the election described under paragraph (1)(A), SIPC shall-- ``(A) promptly notify each customer of the debtor of their rights under this subsection; and ``(B) provide technical assistance to such customers to determine if they should make an election under paragraph (1)(B). ``(6) Treatment of certificates of deposit.--For purposes of this subsection, a certificate of deposit purchased by a person through an account with the debtor shall be treated as cash deposited and held by the debtor in an amount equal to the amount the person paid for the certificate of deposit, less any amounts paid to such person on the certificate of deposit. ``(7) Judicial review of certain sipc determinations.--With respect to any person who is not permitted to make an election under this subsection because SIPC does not identify them as a customer of the debtor, such person may commence an action against SIPC in the appropriate United States district court to challenge the determination by SIPC that they are not a customer of the debtor. ``(8) Rulemaking.--SIPC may issue such regulations as may be necessary to carry out this subsection. ``(9) Debtor defined.--For purposes of this subsection, the term `debtor' means the broker or dealer that is the subject of the action brought under subsection (b).''. (b) Application.--With respect to an ongoing action brought under section 11(b) of the Securities Investor Protection Act of 1970 (15 U.S.C. 78ggg(b)) before the date of the enactment of this Act, the customer election available under section 11(c) of such Act may be made during the 180-day period beginning on the date of the enactment of this Act. (c) Rule of Construction.--A person's qualification as a customer for purposes of section 11(c) of the Securities Investor Protection Act of 1970 shall have no effect on whether such person qualifies as a customer under any other provision of such Act.

Summary: Improving Security for Investors and Providing Closure Act of 2013 or Improving SIPC Act of 2013 - Amends the Securities Investor Protection Act of 1970 with respect to any action in a U.S. district court by the Securities and Exchange Commission (SEC) against the Securities Investor Protection Corporation (SIPC) in the event that SIPC refuses to commit funds or otherwise act for the protection of customers of any SIPC member (debtor broker or dealer). Authorizes SIPC, at the time the SEC action initiates such action, to allow all customers of the debtor broker or dealer to elect to receive a one-time payment from the SIPC Fund. Prescribes procedures for such customer election. Limits the amount paid to a customer under such election to the lesser of: (1) the customer's net equity claim against the debtor, and (2) a $500,000 cap on one-time payments. Subrogates SIPC to all rights of the customer receiving a one-time payment against the debtor once the customer recovers an amount equal to the customer's net equity claim against the debtor. Treats a certificate of deposit (CD) purchased by a person through an account with the debtor as cash deposited and held by the debtor in an amount equal to the amount the person paid for the CD, less any amounts paid to such person on the CD. Permits a person prevented from making an election under this Act because SIPC does not identify such person as a customer of the debtor to challenge that determination in federal district court.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Civil Rights Amendments Act of 1993''. SEC. 2. AMENDMENTS TO CIVIL RIGHTS ACT OF 1964. (a) Public Accommodations.--(1) Section 201(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000a(a)) is amended by striking ``religion,'' and inserting ``religion, affectional or sexual orientation,''. (2) Section 202 of such Act (42 U.S.C. 2000a-1) is amended by striking ``religion,'' and inserting ``religion, affectional or sexual orientation,''. (b) Public Facilities.--Section 301(a) of such Act (42 U.S.C. 2000b(a)) is amended by striking ``religion,'' and inserting ``religion, affectional or sexual orientation,''. (c) Federally Assisted Programs.--Section 601 of such Act (42 U.S.C. 2000d) is amended by striking ``color,'' and inserting ``color, affectional or sexual orientation,''. (d) Equal Employment Opportunities.--(1) Sections 703(a), 703(b), 703(c), 703(d), 703(e), 703(h), 703(j), 704(b), 706(g), and 717(a) of such Act (42 U.S.C. 2000e-2(a), 2000e-2(b), 2000e-2(c), 2000e-2(d), 2000e-2(e), 2000e-2(h), 2000e-2(j), 2000e-3(b), 2000e-5(g), and 2000e- 16(a)) are amended by striking ``sex,'' each place it appears and inserting ``sex, affectional or sexual orientation,''. (2) Section 717(c) of such Act (42 U.S.C. 2000e-16(c)) is amended by striking ``sex'' and inserting ``sex, affectional or sexual orientation,''. (3) Section 703(h) of such Act (42 U.S.C. 2000e-2(h)) is amended by striking ``sex'' the first place it appears and inserting ``sex, affectional or sexual orientation,''. (4) The heading of section 703 of such Act is amended by striking ``sex,'' and inserting ``sex, affectional or sexual orientation,''. (e) Intervention by Attorney General in Civil Rights Cases.-- Section 902 of such Act (42 U.S.C. 2000h-2) is amended by striking ``sex'' and inserting ``sex, affectional or sexual orientation,''. (f) Definition; Rules of Interpretation.--Title XI of such Act (42 U.S.C. 2000h et seq.) is amended by adding at the end the following new section: ``affectional or sexual orientation ``Sec. 1107. (a) Definition.--For purposes of titles II, III, VI, VII, and IX of this Act, the term `affectional or sexual orientation' means male or female homosexuality, heterosexuality, and bisexuality by orientation or practice, by and between consenting adults. ``(b) Rules of Interpretation.--(1) Nothing in this Act shall be construed to permit or require-- ``(A) that a finding of discrimination on the basis of affectional or sexual orientation be based on any statistical differences in the incidence of persons of a particular affectional or sexual orientation in the general population as opposed to the incidence of such persons in the activity concerned; or ``(B) the use of any quota as a remedy for discrimination on the basis of affectional or sexual orientation. ``(2) Nothing in this Act shall be construed to require any person to disclose a personal affectional or sexual orientation.''. SEC. 3. AMENDMENTS TO FAIR HOUSING ACT. (a) Housing Sale and Rental, Residential Real-Estate-Related Transactions, and Brokerage Services.--(1) Section 804 of the Civil Rights Act of 1968 (42 U.S.C. 3604) is amended by striking ``religion,'' each place it appears and inserting ``religion, affectional or sexual orientation (as such term is defined in section 802(p)),''. (2) Section 805 of such Act (42 U.S.C. 3605) is amended by striking ``religion,'' each place it appears and inserting ``religion, affectional or sexual orientation (as such term is defined in section 802(p)),''. (3) Section 806 of such Act (42 U.S.C. 3606) is amended by striking ``religion,'' and inserting ``religion, affectional or sexual orientation (as such term is defined in section 802(p)),''. (b) Prevention of Intimidation.--Section 901 of the Civil Rights Act of 1968 (42 U.S.C. 3631) is amended by striking ``religion,'' each place it appears and inserting ``religion, affectional or sexual orientation (as such term is defined in section 802(p)),''. (c) Definition.--Section 802 of the Civil Rights Act of 1968 (42 U.S.C. 3602) is amended by adding at the end the following new subsection: ``(p) `Affectional or sexual orientation' means male or female homosexuality, heterosexuality, and bisexuality by orientation or practice, by and between consenting adults.''. (d) Rules of Interpretation.--(1) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.) is amended by adding at the end the following new section: ``rules of interpretation regarding affectional or sexual orientation ``Sec. 821. (a) Findings of Discrimination; Quotas.--Nothing in this Act shall be construed to permit or require-- ``(1) that a finding of discrimination on the basis of affectional or sexual orientation be based on any statistical differences in the incidence of persons of a particular affectional or sexual orientation in the general population as opposed to the incidence of such persons in the activity concerned; or ``(2) the use of any quota as a remedy for discrimination on the basis of affectional or sexual orientation. ``(b) Protection of Privacy Rights.--Nothing in this Act shall be construed to require any person to disclose a personal affectional or sexual orientation.''. (2) Title IX of such Act (42 U.S.C. 3631 et seq.) is amended by adding at the end the following new section: ``application of rules of interpretation regarding affectional or sexual orientation ``Sec. 902. The provisions of this title are subject to the rules of interpretation described in section 821 of this Act.''.

Summary: Civil Rights Amendments Act of 1993 - Amends the Civil Rights Act of 1964 and the Civil Rights Act of 1968 to prohibit discrimination on the basis of affectional or sexual orientation. Provides that this Act shall not be construed to permit a finding of discrimination based on statistical differences or the fashioning of any remedy requiring a quota.


SECTION 1. TEMPORARY DUTY REDUCTIONS FOR CERTAIN COTTON SHIRTING FABRIC. (a) Certain Cotton Shirting Fabrics.-- (1) In general.--Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new headings: `` 9902.52.08 Woven fabrics of Free No change No change On or before 12/ cotton, of a type 31/2008 described in subheading 5208.21, 5208.22, 5208.29, 5208.31, 5208.32, 5208.39, 5208.41, 5208.42, 5208.49, 5208.51, 5208.52, or 5208.59 of average yarn number exceeding 135 metric, other than fabrics provided for in heading 9902.52.09, certified by the importer to be suitable for use in men's and boys' shirts, the foregoing imported by or for the benefit of a manufacturer of men's and boys' shirts under the terms of U.S. Notes 18 and 19 of this subchapter... 9902.52.09 Woven fabrics of Free No change No change On or before 12/ cotton of a type 31/2008 '' described in . subheading 5208.21, 5208.22, 5208.29, 5208.31, 5208.32, 5208.39, 5208.41, 5208.42, 5208.49, 5208.51, 5208.52, or 5208.59 of average yarn number exceeding 135 metric, certified by the importer to be wholly of pima cotton grown in the United States and to be suitable for use in men's and boys' shirts, the foregoing imported by or for the benefit of a manufacturer of men's and boys' shirts under the terms of U.S. Note 18 of this subchapter........ (2) Definitions and limitation on quantity of imports.--The U.S. Notes to subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States are amended by adding at the end the following: ``18. For purposes of headings 9902.52.08 and 9902.52.09, the term ``manufacturer'' means a person or entity that cuts and sews men's and boys' shirts in the United States. ``19. The aggregate quantity of fabrics entered under heading 9902.52.08 from January 1 to December 31 of each year, inclusive, by or on behalf of each manufacturer of men's and boys' shirts shall be limited to 85 percent of the total square meter equivalents of all imported woven fabrics of cotton containing 85 percent or more by weight of cotton used by such manufacturer in cutting and sewing men's and boys' cotton shirts in the United States and purchased by such manufacturer during calendar year 2000.''. (b) Determination of Tariff-Rate Quotas.-- (1) Authority to issue licenses and license use.--In order to implement the limitation on the quantity of cotton woven fabrics that may be entered under heading 9902.52.08 of the Harmonized Tariff Schedule of the United States, as required by U.S. Note 19 to subchapter II of chapter 99 of such Schedule, the Secretary of Commerce shall issue licenses to eligible manufacturers under such heading 9902.52.08, specifying the restrictions under each such license on the quantity of cotton woven fabrics that may be entered each year by or on behalf of the manufacturer. A licensee may assign the authority (in whole or in part) under the license to import fabric under subheading 9902.52.08 of such Schedule. (2) Licenses under u.s. note 19.--For purposes of U.S. Note 19 to subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States, the Secretary of Commerce shall issue a license to a manufacturer within 60 days after the manufacturer files with the Secretary of Commerce an application containing a notarized affidavit from an officer of the manufacturer that the manufacturer is eligible to receive a license and stating the quantity of imported woven fabrics of cotton containing 85 percent or more by weight of cotton purchased during calendar year 2000 for use in the cutting and sewing of men's and boys' shirts in the United States. (3) Affidavits.--For purposes of an affidavit described in this subsection, the date of purchase shall be-- (A) the invoice date if the manufacturer is not the importer of record; and (B) the date of entry if the manufacturer is the importer of record. SEC. 2. COTTON TRUST FUND. (a) Establishment of Trust Fund.-- (1) In general.--There is established in the Treasury of the United States a trust fund to be known as the ``Pima Cotton Trust Fund'' (in this section referred to as the ``Trust Fund''), consisting of such amounts as may be transferred to the Trust Fund under paragraph (2). (2) Transfer of amounts.-- (A) In general.--Beginning October 1, 2006, the Secretary of the Treasury shall transfer to the Trust Fund, from the general fund of the Treasury, amounts determined by the Secretary of the Treasury to be equivalent to the amounts received in the general fund that are attributable to duties received since January 1, 1994, on articles under subheadings 5208.21.60, 5208.22.80, 5208.29.80, 5208.31.80, 5208.32.50, 5208.39.80, 5208.41.80, 5208.42.50, 5208.49.80, 5208.51.80, 5208.52.50, 5208.59.80, 5210.21.80, and 5210.31.80 of the Harmonized Tariff Schedule of the United States, subject to the limitation in subparagraph (B). (B) Limitation.--The Secretary may not transfer more than $16,000,000 to the Trust fund in any fiscal year, and may not transfer any amount beginning on or after October 1, 2008. (3) Distribution of funds.--From amounts in the Trust Fund, the Commissioner of the Bureau of Customs and Border Protection shall make the following payments annually beginning in fiscal year 2007: (A) 25 percent of the amounts in the Trust Fund shall be paid annually to a nationally recognized association established for the promotion of pima cotton grown in the United States for the use in textile and apparel goods. (B) 25 percent of the amounts in the Trust Fund shall be paid annually to yarn spinners of pima cotton grown in the United States, and shall be allocated to each spinner in an amount that bears the same ratio as-- (i) the spinner's production of ring spun cotton yarns, measuring less than 83.33 decitex (exceeding 120 metric number) from pima cotton grown in the United States in single and plied form during calendar year 2002 (as evidenced by an affidavit provided by the spinner) bears to-- (ii) the production of the yarns described in clause (i) during calendar year 2002 for all spinners who qualify under this subparagraph. (C) 50 percent of the amounts in the Trust Fund shall be paid annually to those manufacturers who cut and sew cotton shirts in the United States who certify that they used imported cotton fabric during the period January 1, 1998, through July 1, 2003, and shall be allocated to each such manufacturer in an amount that bears the same ratio as-- (i) the dollar value (excluding duty, shipping, and related costs) of imported woven cotton shirting fabric of 80s or higher count and 2-ply in warp purchased by the manufacturer during calendar year 2002 (as evidenced by an affidavit from the manufacturer that meets the requirements of paragraph (4)) used in the manufacturing of men's and boys' cotton shirts, bears to-- (ii) the dollar value (excluding duty, shipping, and related costs) of the fabric described in clause (i) purchased during calendar year 2002 by all manufacturers who qualify under this subparagraph. (4) Affidavit of shirting manufacturers.--The affidavit required by paragraph (3)(C) is a notarized affidavit provided by an officer of the manufacturer of men's and boys' shirts concerned that affirms-- (A) that the manufacturer used imported cotton fabric during the period January 1, 1998, through July 1, 2003, to cut and sew men's and boys' woven cotton shirts in the United States; (B) the dollar value of imported woven cotton shirting fabric of 80s or higher count and 2-ply in warp purchased during calendar year 2002; (C) that the manufacturer maintains invoices along with other supporting documentation (such as price lists and other technical descriptions of the fabric qualities) showing the dollar value of such fabric purchased, the date of purchase, and evidencing the fabric as woven cotton fabric of 80s or higher count and 2-ply in warp; and (D) that the fabric was suitable for use in the manufacturing of men's and boys' cotton shirts. (5) Date of purchase.--For purposes of the affidavit under paragraph (4), the date of purchase shall be the invoice date, and the dollar value shall be determined excluding duty, shipping, and related costs. (6) Affidavit of yarn spinners.--The affidavit required by paragraph (3)(B) is a notarized affidavit provided by an officer of the producer of ring spun yarns that affirms-- (A) that the producer used pima cotton grown in the United States during the period January 1, 2002, through December 31, 2002, to produce ring spun cotton yarns, measuring less than 83.33 decitex (exceeding 120 metric number), in single and plied form during 2002; (B) the quantity, measured in pounds, of ring spun cotton yarns, measuring less than 83.33 decitex (exceeding 120 metric number), in single and plied form during calendar year 2002; and (C) that the producer maintains supporting documentation showing the quantity of such yarns produced, and evidencing the yarns as ring spun cotton yarns, measuring less than 83.33 decitex (exceeding 120 metric number), in single and plied form during calendar year 2002. (7) No appeal.--Any amount paid by the Commissioner of the Bureau of Customs and Border Protection under this section shall be final and not subject to appeal or protest.

Summary: Amends the Harmonized Tariff Schedule of the United States (HTSUS) to reduce, through December 31, 2008 , the duty on certain cotton shirting fabrics. Limits the quantity of imported cotton woven fabric entered by or on behalf of each manufacturer of men's and boy's shirts. Provides for the issuance of import licenses subject to such limitation. Establishes the Pima Cotton Trust Fund within the Treasury, consisting of transfers from the general fund in amounts attributable to the duty received since January 1, 1994, on woven fabrics of cotten under specified HTSUS headings. Provides for annual distribution of amounts from such Fund to a nationally recognized association of shirting manufacturers for the promotion of U.S.-grown pima cotton, and to yarn spinners of such cotton.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Esther Martinez Native American Languages Preservation Act of 2006''. SEC. 2. EXPANSION OF PROGRAM TO ENSURE THE SURVIVAL AND CONTINUING VITALITY OF NATIVE AMERICAN LANGUAGES. Section 803C of the Native American Programs Act of 1974 (42 U.S.C. 2991b-3) is amended-- (1) in subsection (b)-- (A) in paragraph (5) by striking ``and'' at the end, (B) in paragraph (6) by striking the period at the end and inserting ``; and'', and (C) by adding at the end the following: ``(7)(A) Native American language nests, which are site-based educational programs that-- ``(i) provide instruction and child care through the use of a Native American language for at least 10 children under the age of 7 for an average of at least 500 hours per year per student; ``(ii) provide classes in a Native American language for parents (or legal guardians) of students enrolled in a Native American language nest (including Native American language-speaking parents); and ``(iii) ensure that a Native American language is the dominant medium of instruction in the Native American language nest; ``(B) Native American language survival schools, which are site-based educational programs for school-age students that-- ``(i) provide an average of at least 500 hours of instruction through the use of 1 or more Native American languages for at least 15 students for whom a Native American language survival school is their principal place of instruction; ``(ii) develop instructional courses and materials for learning Native American languages and for instruction through the use of Native American languages; ``(iii) provide for teacher training; ``(iv) work toward a goal of all students achieving-- ``(I) fluency in a Native American language; and ``(II) academic proficiency in mathematics, reading (or language arts), and science; and ``(v) are located in areas that have high numbers or percentages of Native American students; and ``(C) Native American language restoration programs, which are educational programs that-- ``(i) operate at least 1 Native American language program for the community in which it serves; ``(ii) provide training programs for teachers of Native American languages; ``(iii) develop instructional materials for the programs; ``(iv) work toward a goal of increasing proficiency and fluency in at least 1 Native American language; ``(v) provide instruction in at least 1 Native American language; and ``(vi) may use funds received under this section for-- ``(I) Native American language programs, such as Native American language immersion programs, Native American language and culture camps, Native American language programs provided in coordination and cooperation with educational entities, Native American language programs provided in coordination and cooperation with local universities and colleges, Native American language programs that use a master- apprentice model of learning languages, and Native American language programs provided through a regional program to better serve geographically dispersed students; ``(II) Native American language teacher training programs, such as training programs in Native American language translation for fluent speakers, training programs for Native American language teachers, training programs for teachers in schools to utilize Native American language materials, tools, and interactive media to teach Native American language; and ``(III) the development of Native American language materials, such as books, audio and visual tools, and interactive media programs.'', (2) in subsection (c)-- (A) in paragraph (5) by striking ``and'' at the end, (B) in paragraph (6) by striking the period at the end and inserting ``; and'', and (C) by adding at the end the following: ``(7) in the case of an application for a grant to carry out any purpose specified in subsection (b)(7)(B), a certification by the applicant that the applicant has not less than 3 years of experience in operating and administering a Native American language survival school, a Native American language nest, or any other educational program in which instruction is conducted in a Native American language.'', and (3) in subsection (e)(2) by inserting before the period the following: ``, except that grants made under such subsection for any purpose specified in subsection (b)(7) may be made only on a 3- year basis''. SEC. 3. DEFINITION. Section 815 of the Native American Programs Act of 1974 (42 U.S.C. 2992c) is amended-- (1) by redesignating paragraphs (1) through (6) as paragraphs (2) through (7), respectively, and (2) by inserting before paragraph (2), as so redesignated, the following: ``(1) `average' means the aggregate number of hours of instruction through the use of a Native American language to all students enrolled in a native language immersion program during a school year divided by the total number of students enrolled in the immersion program;''. SEC. 4. AUTHORIZATION OF APPROPRIATIONS FOR PROGRAM TO ENSURE THE SURVIVAL AND CONTINUING VITALITY OF NATIVE AMERICAN LANGUAGES. Section 816(e) of the Native American Programs Act of 1974 (42 U.S.C. 2992d(e)) is amended by striking ``1999, 2000, 2001, and 2002'' and inserting ``2008, 2009, 2010, 2011, and 2012''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Summary: Esther Martinez Native American Languages Preservation Act of 2006 - Amends the Native American Programs Act of 1974 to authorize the Secretary of Health and Human Services, as part of the Native American languages grant program, to make three-year grants for educational Native American language nests, survival schools, and restoration programs. Requires that Native American language nests: (1) provide instruction and child care through the use of a Native American language for at least 10 children under the age of seven for an average of at least 500 hours per year per student; (2) provide classes in such language for the parents of such students; and (3) use such language as the dominant medium of instruction in the nest. Requires that Native American language survival schools: (1) provide an average of at least 500 hours of instruction per year per student through the use of at least one Native American language for at least 15 students for whom the school is their principal school; (2) develop instructional courses and materials that service the goal of making all students fluent in such a language and proficient in mathematics, reading, and science; (3) provide teacher training; and (4) be located in areas having high concentrations of Native American students. Requires applicants for language survival school funding to have at least three years of experience in running such a school, a Native American language nest, or any other educational program in which instruction is conducted in a Native American language. Requires that Native American language restoration programs: (1) operate at least one Native American language program for the community they serve; (2) train teachers of such languages; and (3) develop Native American language instructional materials. Authorizes appropriations for FY2008-FY2012.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Agricultural Producers Value-Added Investment Tax Credit Act of 2004''. SEC. 2. CREDIT FOR FARMER INVESTMENT IN VALUE-ADDED AGRICULTURAL PROPERTY. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business related credits) is amended by adding at the end the following new section: ``SEC. 45G. VALUE-ADDED AGRICULTURAL PROPERTY INVESTMENT CREDIT. ``(a) General Rule.--For purposes of section 38, in the case of a taxpayer who is-- ``(1) an eligible person, or ``(2) a farmer-owned entity, the value-added agricultural property investment credit determined under this section for any taxable year is 50 percent of the basis of any qualified value-added agricultural property placed in service during the taxable year. In the case of a farmer-owned entity, such credit shall be allocated on a pro rata basis among eligible persons holding qualified interests in such entity as of the last day of such taxable year. ``(b) Maximum Credit.--For purposes of subsection (a)-- ``(1) Property placed in service by eligible person.--In the case of property placed in service during a taxable year by an eligible person, the credit determined under this section for such year shall not exceed $30,000, reduced by the amount of the creditable investments allowed for the taxable year under paragraph (2). ``(2) Property placed in service by farmer-owned entity.-- ``(A) In general.--In the case of property placed in service by a farmer-owned entity, the credit determined under this section shall not exceed the sum of the eligible person's creditable investments in such entity as of the date such property is placed in service. ``(B) Creditable investments.--For purposes of subparagraph (A), the term `creditable investments' means, with respect to any property placed in service by a farmer-owned entity, the aggregate qualified investments made by the eligible person in such entity, reduced (but not below zero) by the sum of-- ``(i) the amount of the aggregate qualified investments made by such person in such entity which were taken into account under this section with respect to property previously placed in service by such entity, and ``(ii) the amount of the aggregate qualified investments made by such person in all other farmer-owned entities which were taken into account under this section with respect to property previously placed in service by such other entities. ``(C) Limitation.--For purposes of this paragraph, the aggregate qualified investments made by the eligible person which may be taken into account for any taxable year shall not exceed $30,000. ``(c) Definitions.--For purposes of this section-- ``(1) Qualified value-added agricultural property.--The term `qualified value-added agricultural property' means property-- ``(A) which is used to add value to a good or product, suitable for food or nonfood use, derived in whole or in part from organic matter which is available on a renewable basis, including agricultural crops and agricultural wastes and residues, wood wastes and residues, and domesticated animal wastes, ``(B)(i) to which section 168 applies without regard to any useful life, or ``(ii) with respect to which depreciation (or amortization in lieu of depreciation) is allowable and having a useful life (determined as of the time such property is placed in service) of 3 years or more, and ``(C) which is owned and operated by an eligible person or a farmer-owned entity. ``(2) Eligible person.-- ``(A) In general.--The term `eligible person' means a person who materially participates during the taxable year in an eligible farming business. ``(B) Material participation.--For purposes of subparagraph (A), the determination of whether a person materially participates in the trade or business of farming shall be made in a manner similar to the manner in which such determination is made under section 2032A(e)(6). In the case that the person is a corporation, cooperative, partnership, estate, or trust, such determination shall be made at the shareholder, partner, or beneficial interests level (as the case may be). ``(C) Eligible farming business.--For purposes of subparagraph (A), the term `eligible farming business' means a farming business (as defined in section 263A(e)(4)) which is not a passive activity (within the meaning of section 469(c)). ``(3) Farmer-owned entity.-- ``(A) In general.--The term `farmer-owned entity' means-- ``(i) a corporation (including an S corporation) in which eligible persons own 50 percent or more of the total voting power of the stock and 50 percent or more (in value) of the stock, ``(ii) a partnership in which eligible persons own 50 percent or more of the total voting power of the profits interest and 50 percent or more (in value) of the profits interest, and ``(iii) a cooperative in which eligible persons own 50 percent or more of the total voting power of the member patronage interests and 50 percent or more (in value) of the member patronage interests. ``(B) Constructive ownership rules.--For purposes of subparagraph (A), rules similar to the rules of section 263A(e)(2)(B) shall apply; except that, in applying such rules, the members of an individual's family shall be the individuals described in subparagraph (C). ``(C) Members of family.--The family of any individual shall include only his spouse and children, grandchildren, and great grandchildren (whether by the whole or half blood), and the spouses of his children, grandchildren, and great grandchildren, who reside in the same household or jointly operate farming businesses (as defined in section 263A(e)(4)). For purposes of the preceding sentence, a child who is legally adopted, or who is placed with the taxpayer by an authorized placement agency for adoption by the taxpayer, shall be treated as a child by blood. ``(4) Qualified investments.-- ``(A) In general.--The term `qualified investments' means a payment of cash for the purchase of a qualified equity interest in a farmer-owned entity. ``(B) Qualified equity interest.--The term `qualified equity interest' means-- ``(i) any stock in a domestic corporation if such stock is acquired by the taxpayer after December 31, 2004, and before January 1, 2011, at its original issue (directly or through an underwriter) from the corporation solely in exchange for cash, ``(ii) any capital or profits interest in a domestic partnership if such interest is acquired by the taxpayer after December 31, 2004, and before January 1, 2011, and ``(iii) any patronage interest in a cooperative if such interest is acquired by the taxpayer after December 31, 2004, and before January 1, 2011. Rules similar to the rules of section 1202(c)(3) shall apply for purposes of this paragraph. ``(d) Special Rules.--For purposes of this section-- ``(1) Treatment of married individuals.--In the case of a separate return by a married individual (as defined in section 7703), subsection (b)(3)(A) shall be applied by substituting `$15,000' for `$30,000'. ``(2) Applicable rules.--Under regulations prescribed by the Secretary-- ``(A) Allocation of credit in the case of estates and trusts.--Rules similar to the rules of subsection (d) of section 52 shall apply. ``(B) Certain property not eligible.--Rules similar to the rules of section 50(b) shall apply. ``(3) Basis adjustment.--For purposes of this subtitle, if a credit is allowed under this section to any eligible person with respect to qualified value-added agricultural property, the basis of such property shall be reduced by the amount of the credit so allowed and increased by the amount of recapture under subsection (e). ``(e) Recapture in the Case of Certain Dispositions.-- ``(1) In general.--Under regulations prescribed by the Secretary, rules similar to the rules of section 50(a) shall apply with respect to an eligible person if, within the 5-year period beginning on the date qualified value-added agricultural property with respect to which such person was allowed a credit under subsection (a) is originally placed in service-- ``(A) such property ceases to be qualified for purposes of this section, ``(B) the eligible person or the farmer-owned entity (as the case may be) disposes of all or part of such property, or ``(C) the eligible person or the farmer-owned entity (as the case may be) ceases to be an eligible person or farmer-owned entity for purposes of this section. ``(2) Special rules in event of death.-- ``(A) In general.--The period in paragraph (1) shall be suspended with respect to an eligible person for the 2-year period beginning on the date of death of such person. ``(B) Heirs who are eligible persons.--In the case that an heir of an eligible person is also an eligible person, neither paragraph (1) nor subparagraph (A) of this paragraph (unless elected by such heir) shall apply with respect to the transfer of property to such heir. ``(f) Regulations.--The Secretary shall prescribe such regulations as may be necessary to carry out the purposes of this section. ``(g) Termination.--This section shall not apply to property placed in service after December 31, 2010.''. (b) Credit Allowed as Part of General Business Credit.--Section 38(b) of such Code (defining current year business credit) is amended by striking ``plus'' at the end of paragraph (14), by striking the period at the end of paragraph (15) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(16) in the case of an eligible person (as defined in section 45G(c)), the value-added agricultural property investment credit determined under section 45G(a).''. (c) Credit Allowable Against Minimum Tax.-- (1) In general.--Paragraph (3) of section 38 of such Code is amended-- (A) by inserting ``and value-added agricultural property credit'' after ``employee credit'' in the heading, (B) by inserting ``and the value-added agricultural property credit'' after ``employee credit'' each place it appears in subparagraph (A), and (C) by adding at the end the following new subparagraph: ``(C) Value-added agricultural property credit.-- For purposes of this subsection, the term `value-added agricultural property credit' means the credit determined under section 45G.'' (2) Conforming amendment.--Subclause (II) of section 38(c)(2)(A)(ii) of such Code is amended by inserting ``or the value-added agricultural property credit'' after ``employment credit''. (d) Limitation on Carryback.--Subsection (d) of section 39 of such Code is amended by adding at the end thereof the following new paragraph: ``(10) No carryback of value-added agricultural property investment credit before effective date.--No portion of the unused business credit for any taxable year which is attributable to the credit determined under section 45G may be carried back to any taxable year ending before the date of the enactment of section 45G.''. (e) Deduction for Certain Unused Business Credits.--Subsection (c) of section 196 of such Code is amended by striking ``and'' at the end of paragraph (9), by striking the period at the end of paragraph (10) and inserting ``, and'', and by adding after paragraph (10) the following new paragraph: ``(11) the value-added agricultural property investment credit determined under section 45G.''. (f) Basis Adjustment.--Subsection (a) of section 1016 of such Code is amended by striking ``and'' at the end of paragraph (27), by striking the period at the end of paragraph (28) and inserting ``; and'', and by adding at the end the following new paragraph: ``(29) to the extent provided in section 45G(d)(3), in the case of payments with respect to which a credit has been allowed under section 38.''. (g) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end thereof the following new section: ``Sec. 45G. Value-added agricultural property investment credit.''. (h) Effective Date.--The amendments made by this section shall apply to qualified investments (as defined in section 45G(c)(5) of the Internal Revenue Code of 1986 (as added by this section) made, and property placed in service, after December 31, 2004.

Summary: Agricultural Producers Value-Added Investment Tax Credit Act of 2004 - Amends the Internal Revenue Code to allow individuals who materially participate in a farming business and certain farmer-owned entities a business tax credit up to $30,000 for investment in qualified value-added agricultural property. Defines "qualified value-added agricultural property" as depreciable property which is used to add value to a good or product, suitable for food or nonfood use, derived in whole or in part from organic matter which is available on a renewable basis, including agricultural crops and agricultural wastes and residues, wood wastes and residues, and domesticated animal wastes. Terminates the credit after 2010.