SECTION 1. SHORT TITLE. This Act may be cited as the ``American Democracy Index Act of 2009''. SEC. 2. ESTABLISHMENT OF AMERICAN DEMOCRACY INDEX AND RELATED ELECTION DATA COLLECTION. (a) In General.--Subtitle C of title II of the Help America Vote Act of 2002 (42 U.S.C. 15381 et seq.) is amended by adding at the end the following: ``SEC. 248. ESTABLISHMENT OF AMERICAN DEMOCRACY INDEX AND RELATED ELECTION DATA COLLECTION. ``(a) In General.--The Commission, in consultation with the Board and in accordance with this section, shall-- ``(1) develop an American Democracy Index for the evaluation of elections for Federal office occurring in 2010 and thereafter; ``(2) establish and operate a data collection system in order to collect and measure election data described in subsection (c) to be used in preparing the American Democracy Index; and ``(3) make the American Democracy Index with respect to each election for Federal office generally available to the public, including through the Internet. ``(b) American Democracy Index.--The American Democracy Index is an index that is designed to assist States in the administration of elections for Federal office by presenting the information collected under the system established under subsection (a)(2) on a State-by- State basis in a manner designed to demonstrate administration practices that-- ``(1) ensure the right of individuals to vote; ``(2) improve the quality of voter access to polls and the quality of voter services; and ``(3) secure the accuracy and integrity of elections. ``(c) Collection of Data.-- ``(1) Data to be collected.--The Commission shall, in consultation with the Board, determine the data that is required to be collected under this section in order to analyze the effectiveness of the State administration of elections for Federal office, including data required for developing or refining the American Democracy Index. ``(2) Data submission.-- ``(A) States required to provide data.--Each State shall submit to any grantee under subsection (e) the information described in paragraph (1) in support of the American Democracy Index. ``(B) Data submission regulations.--Within 60 days after the first meeting of the Board under subsection (d)(2)(B)(i), the Commission shall promulgate regulations for-- ``(i) the enforcement of the data submission mandate under subparagraph (A); and ``(ii) the standardization of election data described in paragraph (1). ``(C) Statistical analysis.--The Commission may, in coordination with a State, select precincts within the State on a sample basis from which to draw the information described in paragraph (1) in order to form statistical conclusions with respect to election administration in that State. In forming such statistical conclusions, the Office may append the information collected from the samples to other information provided by the State that was collected with respect to elections for Federal office in that State. ``(D) Payments to states.--In accordance with such regulations as the Commission may promulgate, the Commission shall make payments to States to assist the States in meeting the data submission requirements of this paragraph. ``(E) Rulemaking authority of commission.--Section 209 shall not apply with respect to any regulations promulgated by the Commission pursuant to the authority of this paragraph. ``(d) Independent Board of Advisors.-- ``(1) In general.--There is hereby established an independent Board of Advisors (in this section referred to as the `Board') that the Commission shall consult in developing and refining the American Democracy Index and the data to be collected under subsection (c). ``(2) Independent board of advisors.-- ``(A) Establishment.--The Board-- ``(i) shall be composed of 8 members from individuals from the academic, nonprofit, and election administration communities, of whom-- ``(I) 4 shall be selected by the Committee on Rules and Administration of the Senate, in consultation with the majority and minority leader of the Senate; and ``(II) 4 shall be selected by the Committee on House Administration of the House of Representatives, in consultation with the Speaker and minority leader of the House of Representatives; and ``(ii) shall be headed by a President elected by the members of the Board. ``(B) Duties.--The Board shall-- ``(i) meet at least twice a year, and at such other times as are specified by the President of the Board; and ``(ii) consult with the Commission as provided by this section, including making periodic recommendations to the Commission on the type of election data to be collected from States, the method of data collection, the enforcement mechanism for the collection of election data, the administration of elections in general, and other relevant issues as the Board sees appropriate. ``(e) Establishment and Operation of Index and Data Collection System.-- ``(1) Pilot program.--The Commission shall conduct a pilot program for elections for Federal office occurring in 2010 under which the Commission shall make a grant to 1 or more eligible entities to-- ``(A) to collect election data described in subsection (c) in not more than 5 States selected by the Board; and ``(B) to develop, refine, and publish data collection results for each of the States selected under subparagraph (A), including a comparison of localities in each State based on the data collected. ``(2) Initial index for 2012 elections.--Based on the pilot project conducted under paragraph (1), the Commission shall make a grant to 1 or more eligible entities to-- ``(A) collect election data described in subsection (c) in all States with respect to elections for Federal office occurring in 2012; and ``(B) prepare and publish the first American Democracy Index. ``(3) Future elections.--The Commission shall collect data, and prepare and publish an American Democracy Index, for each Presidential election cycle beginning on or after January 1, 2012, with respect to elections for Federal office occurring during the Presidential election cycle. In carrying out such duties, the Commission shall-- ``(A) modify the data to be collected and the index in accordance with the provisions of this section; and ``(B) contract with 1 or more eligible entities to carry out all or a portion of such duties. ``(f) Reports.--Not later than 9 months after the end of the election cycle for the election for Federal office occurring in 2012 and the end of each Presidential election cycle beginning on or after January 1, 2012, the Commission shall submit a report to Congress and to the chief State elections officials of each State that includes the election data collected under this section, together with any recommendations for-- ``(1) improving the types of election data that are collected and included in the American Democracy Index published under this section; and ``(2) legislation or administrative action to improve State performance in the administration of elections for Federal office (as determined based on a State-by-State comparison of such election data). ``(g) Definitions.--In this section: ``(1) Elections for federal office.--The term `elections for Federal office' means general elections only for Federal office. ``(2) Eligible entity.--The term `eligible entity' means any nonprofit organization or other organization deemed appropriate by the Commission. ``(3) Presidential election cycle.--The term `Presidential election cycle' means the 4-year period beginning with January of the year following an election for the office of President of the United States. ``(4) State.--The term `State' means each of the 50 States and the District of Columbia. ``(h) Authorization of Appropriations.-- ``(1) In general.--There are authorized to be appropriated to the Commission such sums as may be necessary to carry out the provisions of this section. ``(2) Data submission.--There is authorized to be appropriated $18,000,000 for each of fiscal years 2011 through 2016 to assist the States in complying with the data submission requirements of subsection (c)(2)(A).''. (b) Conforming Amendment.--The table of contents of the Help America Vote Act of 2002 is amended by inserting after the item relating to section 247 the following: ``Sec 248. Establishment of American Democracy Index and related election data collection.''.

Summary: American Democracy Index Act of 2009 - Amends the Help America Vote Act of 2002 to require the Election Assistance Commission (EAC) to: (1) develop an American Democracy Index (ADI) to evaluate elections for federal office; (2) establish and operate a system to collect and measure election data for use in preparing the ADI; and (3) make the ADI with respect to each federal election available to the public, including through the Internet. Describes the ADI as an index designed to assist states in the administration of federal elections by presenting collected information on a state-by-state basis in a manner designed to demonstrate administration practices that: (1) ensure the right of individuals to vote; (2) improve the quality of voter access to polls and the quality of voter services; and (3) secure the accuracy and integrity of elections. Establishes an independent Board of Advisors the EAC shall consult in developing and refining the ADI and the data to be collected. Directs the EAC to: (1) conduct a pilot program for the 2010 federal elections under which it shall make one or more grants for election data collection in up to five states; and (2) based on such pilot program make one or more grants to collect 2012 federal election data in all states and prepare and publish the first ADI.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Corporate Welfare Reduction and Job Preservation Act of 2006''. SEC. 2. CONGRESSIONAL FINDINGS. The Congress finds the following: (1) Corporations are subject to a tax rate of up to 34 percent or 35 percent. (2) Over the past several years, one of the most serious problems affecting the middle-class has been corporate downsizing. Many large, wealthy, and profitable corporations have reduced the number of their American employees by transferring those jobs to foreign countries or have reduced the number of their employees in order to realize an immediate short-term profit or increase in stock value. SEC. 3. REDUCTION OF TAX BENEFITS FOR PROFITABLE LARGE CORPORATIONS WHICH REDUCE WORKFORCE. (a) In General.--Subchapter C of chapter 1 of the Internal Revenue Code of 1986 (relating to corporate distributions and adjustments) is amended by adding at the end the following new part: ``PART VII--REDUCTION OF TAX BENEFITS FOR PROFITABLE LARGE CORPORATIONS WHICH REDUCE WORKFORCE ``Sec. 386. Reduction of tax benefits for profitable large corporations which reduce workforce. ``SEC. 386. REDUCTION OF TAX BENEFITS FOR PROFITABLE LARGE CORPORATIONS WHICH REDUCE WORKFORCE. ``(a) In General.--For any taxable year, if any profitable large corporation reduces by 15 percent or more the number of employees who perform any task or function at any facility in the United States, the amount of each facility-related tax benefit shall be reduced by 50 percent. ``(b) Definitions and Special Rules.--For purposes of this section-- ``(1) Facility-related tax benefit.-- ``(A) In general.--The term `facility-related tax benefit' means-- ``(i) any tax benefit to the extent attributable to a facility described in subsection (a), or ``(ii) to the extent that a tax benefit is not attributable to any facility, a pro rata portion of such tax benefit (as determined under regulations prescribed by the Secretary). ``(B) Exception.--Such term shall not include-- ``(i) any exclusion from gross income under section 127 or 129 or any other deduction for the cost of employee health care, child care, job training, or retraining, or ``(ii) any other tax benefit (other than wages) which the Secretary determines by regulation to be a tax benefit for costs incurred primarily for the benefit of employees rather than the employer. ``(2) Large corporation.--The term `large corporation' means a corporation or partnership which is not a small- business concern (within the meaning of section 3 of the Small Business Act, as in effect on the date of the enactment of this section). ``(3) Profitable.--Any large corporation shall be treated as profitable, for any taxable year, if the sum of taxable income (if any) for the 5-taxable-year period ending with the preceding taxable year (or, if shorter, the period consisting of all preceding taxable years of such large corporation) equals or exceeds the sum of the net operating losses (if any) attributable to such period. ``(4) Related persons.-- ``(A) In general.--All related persons shall be treated as one person. ``(B) Related persons defined.--The term `related persons' means-- ``(i) persons bearing a relationship described in section 267 or 707(b), and ``(ii) persons treated as a single employer under subsection (a) or (b) of section 52. ``(5) Tax benefit.--The term `tax benefit' means a credit, deduction, or exclusion allowable under this title.'' (b) Transmission of Data by Secretary of Labor.--The Secretary of Labor shall transmit to the Secretary of the Treasury, not less than annually, a list of corporations and partnerships described in section 386(a) of the Internal Revenue Code of 1986 (as added by this section). (c) Clerical Amendment.--The table of parts for subchapter C of chapter 1 of such Code is amended by adding at the end the following new item: ``Part VII. Reduction of tax benefits for profitable large corporations which reduce workforce'' (d) Effective Date.--This section and the amendments made by this section shall apply to taxable years beginning after December 31, 2006. SEC. 4. ACCELERATION OF LOANS MADE BY CERTAIN GOVERNMENT ENTITIES AS PENALTY AGAINST PROFITABLE LARGE CORPORATIONS WHICH REDUCE WORKFORCE. (a) OPIC Loans.--Section 235 of the Foreign Assistance Act of 1961 (22 U.S.C. 2195) is amended by adding at the end the following: ``(g) Limitations on Assistance to Profitable Large Corporations That Reduce Workforce.-- ``(1) In general.--If a facility-related tax benefit of an entity for a taxable year is reduced by reason of section 386(a) of the Internal Revenue Code of 1986, then-- ``(A) the entity shall immediately repay to the Corporation the amount of any loan made by the Corporation to the entity under section 234; ``(B) any insurance policy provided by the Corporation to the entity under such section is rescinded; and ``(C) until the Secretary of the Treasury determines that the activity on the basis of which the facility-related tax benefit of the entity was so reduced has ceased, the Corporation may not, during the immediately succeeding taxable year of the entity, extend credit, participate in an extension of credit, or provide any insurance, directly to the entity under such section. ``(2) Effect of failure to repay loan.--Interest shall accrue on any amount required by paragraph (1)(A) to be repaid to the Corporation at a rate of 10 percent per month.''. (b) Export-Import Bank Loans.--Section 2 of the Export-Import Bank Act of 1945 (12 U.S.C. 635) is amended by adding at the end the following: ``(g) Limitations on Assistance to Profitable Large Corporations That Reduce Workforce.-- ``(1) In general.--If a facility-related tax benefit of an entity for a taxable year is reduced by reason of section 386(a) of the Internal Revenue Code of 1986, then-- ``(A) the entity shall immediately repay to the Bank the amount of any loan made by the Bank to the entity; ``(B) any insurance policy provided by the Bank to the entity is rescinded; and ``(C) until the Secretary of the Treasury determines that the activity on the basis of which the facility-related tax benefit of the entity was so reduced has ceased, the Bank may not, during the immediately succeeding taxable year of the entity, extend credit, participate in an extension of credit, or provide any insurance, directly to the entity. ``(2) Effect of failure to repay loan.--Interest shall accrue on any amount required by paragraph (1)(A) to be repaid to the Bank at a rate of 10 percent per month.''.

Summary: Corporate Welfare Reduction and Job Preservation Act of 2006 - Amends the Internal Revenue Code to require a 50% reduction in tax benefits for certain large profitable corporations that reduce their employee workforce by 15% or more. Defines "large profitable corporation" as a corporation or partnership that is not defined as a small business concern under the Small Business Act and which has a taxable income that exceeds net operating losses during a specified five-year period. Amends the Foreign Assistance Act of 1961 and the Export-Import Act of 1945 to require large profitable corporations (as defined by this Act) that reduce their employee workforce by 15% or more to immediately repay loans and forfeit insurance benefits and credit lines provided by such Acts.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Gun Victim Compensation Act''. SEC. 2. VICTIM COMPENSATION FROM PERSONS WHO UNLAWFULLY PROVIDE FIREARMS TO JUVENILES, FELONS, AND OTHER DISQUALIFIED INDIVIDUALS. (a) Victim Compensation.--Section 924 of title 18, United States Code, is amended by adding at the end the following new subsection: ``(j) Victim Compensation.-- ``(1) In general.--Any person who sells, delivers, or otherwise transfers-- ``(A) a firearm in violation of section 922(d) or section 922(b)(1); or ``(B) a handgun to a person who the transferor knows or has reasonable cause to believe is a juvenile, except as provided in paragraph (6), shall be liable for damages caused by a discharge of the transferred firearm by the transferee. ``(2) Civil action.--An action to recover damages under paragraph (1) may be brought in a United States district court by, or on behalf of, any person, or the estate of any person, who suffers damages resulting from bodily injury to or the death of any person caused by a discharge of the transferred firearm by the transferee. ``(3) Disentitlement to recovery.--There shall be no liability under this subsection if it is established by a preponderance of the evidence that-- ``(A) the damages were suffered by a person who was engaged in a criminal act against the person or property of another at the time of the injury; or ``(B) the injury was self-inflicted, unless the plaintiff establishes that, at the time of the transfer, the transferor knew or had reasonable cause to believe that the transferee had not attained the age of 18 years or had been adjudicated as a mental defective or committed to a mental institution. ``(4) Period of liability.--No action under this subsection may be brought for damages that are caused more than 5 years after the date of the transfer of a firearm upon which an action could otherwise be based. ``(5) Attorney's fees and punitive damages.--A prevailing plaintiff in an action under this subsection-- ``(A) shall be awarded reasonable attorney's fees and costs, and ``(B) may be awarded punitive damages. ``(6) Juveniles.--Paragraph (1)(B) does not apply to-- ``(A) a temporary transfer of a handgun to a juvenile if the handgun is used by the juvenile-- ``(i) in the course of employment, in the course of ranching or farming related to activities at the residence of the juvenile (or on property used for ranching or farming at which the juvenile, with the permission of the property owner or lessee, is performing activities related to the operation of the farm or ranch), target practice, hunting, or a course of instruction in the safe and lawful use of a handgun; ``(ii) with the prior written consent of the juvenile's parent or guardian who is not prohibited by Federal, State, or local law from possessing a firearm, except-- ``(I) during transportation by the juvenile of an unloaded handgun in a locked container directly from the place of transfer to a place at which an activity described in clause (i) is to take place and transportation by the juvenile of that handgun, unloaded and in a locked container, directly from the place at which such an activity took place to the transferor; or ``(II) with respect to ranching or farming activities as described in clause (i), with the prior written approval of the juvenile's parent or legal guardian and at the direction of an adult who is not prohibited by Federal, State, or local law from possessing a firearm; ``(iii) if the juvenile keeps the prior written consent in the juvenile's possession at all times when a handgun is in the possession of the juvenile; and ``(iv) in accordance with State and local law; ``(B) issuance of a handgun to a juvenile who is a member of the Armed Forces of the United States or the National Guard who possesses or is armed with the handgun in the line of duty; ``(C) a transfer by inheritance of title (but not possession) of a handgun to a juvenile; ``(D) a delivery of a handgun by a juvenile to be used in defense of the juvenile or other persons against an intruder into the residence of the juvenile or a residence in which the juvenile is an invited guest; or ``(E) a transfer of a handgun for consideration if the transfer is made in accordance with State and local law and with the prior consent of the juvenile's parent or legal guardian who is not prohibited by Federal, State, or local law from possessing a firearm. ``(7) Rule of construction.--Nothing in this subsection shall be construed to limit or have any other effect on any other cause of action available to any person.''. (b) Definition.--Section 921(a) of title 18, United States Code, is amended by adding at the end the following new paragraph: ``(30) The term `juvenile' means a person who is less than 18 years of age.''. (c) Application of Amendment.--The amendment made by subsection (a) shall apply to damages resulting from a firearm that was transferred as described in section 924(j)(1) of title 18, on or after the date of enactment of this Act.

Summary: Gun Victim Compensation Act - Amends the Federal criminal code to make any person who sells, delivers, or otherwise transfers a firearm to a juvenile, felon, or other disqualified individual, or a handgun to a person who the transferor knows or has reasonable cause to believe is a juvenile liable for damages caused by a discharge of the transferred firearm by the transferee. Makes exceptions, including for certain temporary transfers to a juvenile who uses a handgun in the course of employment relating to ranching or farming with the prior written consent of a parent or guardian and for the issuance of a handgun to a juvenile who is a member of the armed forces or National Guard. Authorizes an action for damages to be brought in a U.S. district court by, or on behalf of, any person who suffers damages resulting from bodily injury or death caused by a discharge of the transferred firearm by the transferee. Specifies that there shall be no liability under this Act if it is established by a preponderance of the evidence that: (1) the damages were suffered by an individual who was engaged in a criminal act against the person or property of another at the time of the injury; or (2) the injury was self-inflicted unless the plaintiff establishes that, at the time of the transfer, the transferor knew or had reasonable cause to believe that the transferee had not attained age 18 or had been adjudicated as a mental defective or committed to a mental institution. Limits actions to those brought within five years after the date of the transfer of the firearm. Requires that a prevailing plaintiff be awarded attorney's fees. Permits the award of punitive damages.


SECTION 1. SHORT TITLE. This Act may be cited as the ``National Guard and Reserve Education Act of 2004''. SEC. 2. INCREASE IN RATE OF EDUCATIONAL ASSISTANCE FOR MEMBERS OF THE SELECTED RESERVE AS ADMINISTERED BY THE SECRETARY OF VETERANS AFFAIRS. (a) Increase in Rate of Assistance.--Subsection (b)(1) of section 16131 of title 10, United States Code, is amended-- (1) in subparagraph (A), by striking ``$251'' and inserting ``$400''; (2) by striking subparagraphs (B) and (C); (3) by redesignating subparagraph (D) as subparagraph (B); and (4) in subparagraph (B), as so redesignated, by striking ``for each month of less than half-time pursuit'' and inserting ``for each month of less than full-time pursuit''. (b) Effective Date.--The amendments made by subsection (a) shall apply with respect to months beginning after the date of the enactment of this Act. (c) No CPI Adjustment for Fiscal Year 2005.--Paragraph (2) of section 16131(b) of such title shall not apply to rates of basic educational assistance paid under such section during fiscal year 2005. SEC. 3. PAYMENT OF EDUCATIONAL ASSISTANCE FOR MEMBERS OF THE SELECTED RESERVE CALLED UP FOR SERVICE FOR CUMULATIVE PERIOD OF 180 DAYS OR MORE AT THE RATE APPLICABLE UNDER CHAPTER 30 OF TITLE 38, UNITED STATES CODE. (a) Increase.--Section 16131 of title 10, United States Code, is amended by adding at the end the following new subsection: ``(j)(1) In the case of a person described in paragraph (2), the rate payable under subsection (b) or subsection (c) to such person for such educational assistance for each month shall be paid at the rate applicable under section 3015(b) of title 38. ``(2) A person referred to in paragraph (1) is a person who is entitled to educational assistance under this chapter-- ``(A) who, on or after September 11, 2001, serves a period of active duty of at least 180 days of active duty pursuant to an order to serve on active duty under section 12301(a), 12301(d), 12301(g), 12302, or 12304 of this title during a five year period, or ``(B) in the case of a member of the Army National Guard of the United States or Air National Guard of the United States, who, on or after September 11, 2001, performed full time National Guard duty under section 502(f) of title 32 for at least 180 days during a five year period when authorized by the President or Secretary of Defense for the purpose of responding to a national emergency declared by the President and supported by Federal funds.''. (b) Effective Date.--The amendments made by subsection (a) shall apply with respect to payments of educational assistance under chapter 1606 of such title for months beginning after September 30, 2004. SEC. 4. MODIFICATION OF DELIMITING DATE FOR USE OF ENTITLEMENT. (a) In General.--Section 16133 of title 10, United States Code, is amended-- (1) in subsection (a), by striking ``subsection (b)'' and inserting ``subsections (b) and (c)''; and (2) by adding at the end the following new subsection: ``(c) In the case of a person described in section 16131(j)(2) of this title, the period during which such person may use such person's entitlement to educational assistance under this chapter expires at the end of the 14-year period beginning on the date that is the last day of the person's last duty referred to in such section.''. (b) Effective Date.--The amendments made by subsection (a) shall take effect on September 30, 2004, and shall apply to members of the Selected Reserve entitled to educational assistance under chapter 1606 of title 10, United States Code, on or after that date. SEC. 5. AUTHORITY FOR MEMBERS OF THE SELECTED RESERVE ENTITLED TO RETIRED PAY TO TRANSFER ENTITLEMENT TO BASIC EDUCATIONAL ASSISTANCE. (a) Establishment of Authority to Transfer Entitlement.--(1) Chapter 1606 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 16138. Transfer of entitlement to basic educational assistance by members of the Selected Reserve entitled to retired pay ``(a) In General.--Subject to the provisions of this section, each Secretary concerned may permit an individual described in subsection (b) who is entitled to basic educational assistance under this chapter to elect to transfer to one or more of the dependents specified in subsection (c) a portion of such individual's entitlement to such assistance. ``(b) Eligible Individuals.--An individual referred to in subsection (a) is an individual who-- ``(1) is entitled to retired pay under chapter 1223; and ``(2) is entitled to educational assistance under this chapter. ``(c) Eligible Dependents.--An individual approved to transfer an entitlement to basic educational assistance under this section may transfer the individual's entitlement as follows: ``(1) To the individual's spouse. ``(2) To one or more of the individual's children. ``(3) To a combination of the individuals referred to in paragraphs (1) and (2). ``(d) Designation of Transferee.--An individual transferring an entitlement to basic educational assistance under this section shall-- ``(1) designate the dependent or dependents to whom such entitlement is being transferred; ``(2) designate the number of months of such entitlement to be transferred to each such dependent; and ``(3) specify the period for which the transfer shall be effective for each dependent designated under paragraph (1). Each designation under this section shall be made in writing and shall be transmitted to the Secretary concerned and the Secretary of Veterans Affairs. ``(e) Time for Transfer; Revocation and Modification.--(1) Subject to the time limitation for use of entitlement under section 16133 of this title, an individual approved to transfer entitlement to basic educational assistance under this section may transfer such entitlement at any time after the approval of the individual's request to transfer such entitlement without regard to whether the individual is a member of the Armed Forces when the transfer is executed. ``(2)(A) An individual transferring entitlement under this section may modify or revoke at any time the transfer of any unused portion of the entitlement so transferred. ``(B) The modification or revocation of the transfer of entitlement under this paragraph shall be made by the submittal of written notice of the action to both the Secretary concerned and the Secretary of Veterans Affairs. ``(f) Commencement of Use.--In the case of entitlement transferred to a child to whom entitlement to basic educational assistance is transferred under this section, the child may not commence the use of the transferred entitlement until either-- ``(1) the completion by the child of the requirements of a secondary school diploma (or equivalency certificate); or ``(2) the attainment by the child of 18 years of age. ``(g) Additional Administrative Matters.--(1) The use of any entitlement to basic educational assistance transferred under this section shall be charged against the entitlement of the individual making the transfer at the rate of one month for each month of transferred entitlement that is used. ``(2) Except as provided under subsection (d)(2) and subject to paragraphs (4) and (5), a dependent to whom entitlement is transferred under this section is entitled to basic educational assistance under this chapter in the same manner and at the same rate as the individual from whom the entitlement was transferred. ``(3)(A) The death of an individual transferring an entitlement under this section shall not affect the use of the entitlement by the dependent to whom the entitlement is transferred. ``(B) Entitlement may only be transferred under this section before the date of death of the individual making the transfer. ``(4) A child to whom entitlement is transferred under this section may not use any entitlement so transferred after attaining the age of 26 years. ``(5) The administrative provisions of chapter 30 of title 38 (including the provisions set forth in section 3034(a)(1) of that title) shall apply to the use of entitlement transferred under this section, except that the dependent to whom the entitlement is transferred shall be treated as the eligible veteran for purposes of such provisions. ``(6) The purposes for which a dependent to whom entitlement is transferred under this section may use such entitlement shall include the pursuit and completion of the requirements of a secondary school diploma (or equivalency certificate). ``(h) Overpayment.--In the event of an overpayment of basic educational assistance with respect to a dependent to whom entitlement is transferred under this section, the dependent and the individual making the transfer shall be jointly and severally liable to the United States for the amount of the overpayment for purposes of section 3685 of title 38. ``(i) Approvals of Transfer Subject to Availability of Appropriations.--The Secretary concerned may approve transfers of entitlement to basic educational assistance under this section in a fiscal year only to the extent that appropriations for military personnel are available in that fiscal year for purposes of making deposits in the Department of Defense Education Benefits Fund under section 2006 of this title in that fiscal year to cover the present value of future benefits payable from the Fund for the Department of Defense portion of payments of basic educational assistance attributable to increased usage of benefits as a result of such transfers of entitlement in that fiscal year. ``(j) Regulations.--After consultation with the Secretary of Veterans Affairs, the Secretary of Defense shall prescribe regulations for purposes of this section. Such regulations shall specify the manner and effect of an election to modify or revoke a transfer of entitlement under subsection (e)(2) and shall specify the manner of the applicability of the administrative provisions referred to in subsection (g)(5) to a dependent to whom entitlement is transferred under this section. ``(k) Annual Report.--(1) As part of the report required under section 3020(l) of title 38, (beginning in 2006), the Secretary of Defense shall include information on the transfers of entitlement to basic educational assistance under this section that were approved by each Secretary concerned during the preceding fiscal year. ``(2) Each report shall set forth-- ``(A) the number of transfers of entitlement under this section that were approved by such Secretary during the preceding fiscal year; or ``(B) if no transfers of entitlement under this section were approved by such Secretary during that fiscal year, a justification for such Secretary's decision not to approve any such transfers of entitlement during that fiscal year.''. (2) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``16138. Transfer of entitlement to basic educational assistance by members of the Selected Reserve entitled to retired pay.''. (b) Conforming Amendment.--Section 3020 of title 38, United States Code, is amended-- (1) by redesignating subsection (m) as subsection (n); and (2) by inserting after subsection (l) the following new subsection: ``(m) Coordination With Authority for Transfers Under the Reserve Montgomery GI Bill.--In carrying out this section and section 16138 of title 10, each Secretary concerned shall take such steps as may be necessary to ensure that a transfer of entitlement under each such section is made pursuant to the applicable requirements of such sections.''. SEC. 7. REQUIREMENT FOR THE SECRETARY OF VETERANS AFFAIRS TO REPORT TO CONGRESS ON TRANSFERS OF ENTITLEMENT BY MEMBERS OF THE SELECTED RESERVE ENTITLED TO RETIRED PAY. (a) In General.--Subchapter II of chapter 30 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 3020A. Annual report on transfers of entitlement to basic educational assistance by members of the Selected Reserve entitled to retired pay ``(a) Inclusion in Annual Report.--As part of the annual report submitted to the Congress under section 529 of this title, the Secretary shall include a description of the operation of the program for transfer of entitlement to basic educational assistance by members of the selected reserve entitled to retired pay under section 16138 of title 10. ``(b) Specific Information Required.--The Secretary shall include in the description required under subsection (a) the following information: ``(1) The aggregate number of transfers of entitlement made during the preceding year. ``(2) The type of programs of education pursued by dependents to whom entitlement was so transferred. ``(3) The number of spouses to whom entitlement was so transferred. ``(4) The number of dependent children to whom entitlement was so transferred.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

Summary: National Guard and Reserve Education Act of 2004 - Increases the monthly rate of educational assistance for members of the Selected Reserve who pursue full-time studies. Requires the Secretary of Veterans Affairs to prescribe by regulation the rate of assistance for less than full-time studies. Establishes an educational assistance benefit for reservists and National Guard members who, on or after September 11, 2001, serve at least 180 days within a five-year period of active duty in a contingency operation. Authorizes such persons to use their educational assistance entitlement during a 14-year period beginning on the last day of duty. Authorizes members of the Selected Reserve who are entitled to retired pay and basic educational assistance to transfer a portion of their educational entitlement to eligible dependents. Requires the Secretary to report on such transfers in the Secretary's annual report to Congress.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Relief and Job Creation Act''. SEC. 2. TEMPORARY WORK OPPORTUNITY CREDIT FOR SMALL BUSINESSES. (a) In General.--Section 51 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(l) Small Business Credit for Hiring Certain Unemployed Individuals During 2018 and 2019.-- ``(1) In general.--In the case of an eligible unemployed individual who begins work for an eligible small business during 2018 or 2019, the taxpayer may elect to treat such individual as a member of a targeted group for purposes of this subpart, subject to the modifications in paragraph (5) and in lieu of treating such individual as a member of any other targeted group. ``(2) Eligible small business.--For purposes of this subsection, the term `eligible small business' means any person if-- ``(A) either-- ``(i) the gross receipts of such person for the preceding taxable year did not exceed $20,000,000, or ``(ii) in the case of a person to which subparagraph (A) does not apply, such person employed not more than 100 full-time employees during the preceding taxable year, and ``(B) such person elects the application of this subsection for the taxable year. For purposes of subparagraph (A)(ii), an employee shall be considered full-time if such employee is employed at least 30 hours per week for 35 or more calendar weeks in the taxable year. ``(3) Eligible unemployed individual.--For purposes of this section, the term `eligible unemployed individual' means any individual-- ``(A) who is certified by the designated local agency as being eligible to receive unemployment compensation under State or Federal law during the 1- year period ending on the hiring date, or ``(B) whose employment with the employer was terminated before January 1, 2018. ``(4) Employee must be full-time.--No wages shall be taken into account with respect to any individual for any taxable year unless such individual is employed by the employer an average of at least 30 hours per week in the taxable year (in the case of the taxable year during which the individual begins work, beginning with the day the individual begins work). ``(5) Modifications.--For purposes of this subsection, the modifications described in this paragraph are as follows: ``(A) Percentage of wages.--Subsection (a) shall be applied-- ``(i) in the case of wages paid or incurred by the employer during 2018, by substituting `7.5 percent' for `40 percent', and ``(ii) in the case of wages paid or incurred by the employer during 2019, by substituting `5 percent' for `40 percent'. ``(B) Qualified wages during 2018 and 2019 taken into account.--Subsection (b)(2) shall be applied by substituting `during 2018 and 2019' for `during the 1- year period beginning with the day the individual begins work for the employer'. ``(C) $75,000 wage limitation.--Subsection (b)(3) shall be applied by substituting `$75,000' for `$6,000'. ``(D) Double credit in counties with high unemployment.-- ``(i) In general.--In the case of an employer located in a county which is a high unemployment county for the month during which the employee begins work for the employer, clauses (i) and (ii) of subparagraph (A) shall be applied by substituting `15 percent' and `10 percent' for `7.5 percent' and `5 percent', respectively. ``(ii) High unemployment county.--For purposes of this subparagraph, the term `high unemployment county' means, with respect to any month, a county for which the rate of unemployment exceeds the national rate of unemployment (as determined by the Bureau of Labor Statistics of the Department of Labor). ``(E) Credit to apply for all 2018 and 2019.--This subsection shall be applied without regard to subsection (c)(4). ``(F) Certain rehires eligible.--Subsection (i)(2) shall not apply to an individual whose employment with the employer was terminated before January 1, 2018.''. (b) Effective Date.--The amendments made by this section shall apply to employees hired after December 31, 2017.

Summary: Small Business Relief and Job Creation Act This bill amends the Internal Revenue Code to allow small business employers whose gross receipts in the preceding taxable year did not exceed $20 million or who did not employ more than 100 full-time employees during the preceding taxable year a work opportunity tax credit for hiring unemployed individuals as full-time employees (at least 30 hours per week for 35 or more calendar weeks in the taxable year) during 2018 or 2019. The bill doubles the rate of such credit for employers located in counties with unemployment rates that exceed the national rate of unemployment.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop the Sale of Murderabilia Act of 2013''. SEC. 2. RESTRICTIONS ON THE MAILING AND DELIVERY PRIVILEGES OF STATE AND FEDERAL PRISONERS FOR COMMERCIAL PURPOSES. (a) In General.--Chapter 87 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 1794. Restrictions on the mailing and delivery privileges of State and Federal prisoners for commercial purposes ``(a) In General.--Except as provided in subsection (d), an inmate of a prison convicted of a crime of violence who knowingly deposits for mailing or delivery, or knowingly causes to be delivered by mail, any property, article, or object, with intent that the property, article, or object be placed in interstate or foreign commerce, shall be fined under this title and imprisoned not less than 6 months and not more than 10 years. Any term of imprisonment imposed under this subsection shall run consecutive to any other term of imprisonment. ``(b) Period of Limitations.--An indictment for any offense punishable under this section may be found at any time without limitation. ``(c) Guidelines.--The Director of the Bureau of Prisons and the head of the department of corrections, or other similar agency, for any State may promulgate uniform guidelines to restrict the privileges of any inmate of a prison that violates this section. ``(d) Exception.--An inmate of a prison may mail or deliver or cause to be delivered by mail title to real property, title to motor vehicles, or a security if-- ``(1) the mailing or delivery is to satisfy debt that is-- ``(A) imposed by law or a court order, including-- ``(i) support obligations; ``(ii) property taxes; ``(iii) income taxes; ``(iv) back taxes; ``(v) a legal judgment, fine, or restitution; ``(vi) fees to cover the cost of incarceration, including fees for health care while incarcerated imposed under section 4048; and ``(vii) other financial obligations mandated by law or a court order; or ``(B) incurred through a contract for-- ``(i) legal services; ``(ii) a mortgage on the primary residence of the immediate family of the inmate; ``(iii) the education or medical care of the inmate or a member of the immediate family of the inmate; or ``(iv) life, health, home, or car insurance; or ``(2) the consent of the inmate is required by law to transfer title for real property, a motor vehicle, or security, where a person who is not incarcerated in a prison is the owner or a co-owner of that real property, motor vehicle, or security. ``(e) Definitions.--In this section-- ``(1) the term `prison'-- ``(A) means a Federal or State correctional, detention, or penal facility or any prison, institution, or facility in which persons are held in custody by direction of, or pursuant to a contract or agreement with, the Attorney General of the United States or a State; and ``(B) does not include a halfway house or location where an individual is under home confinement; ``(2) the term `security' means-- ``(A) a note, stock certificate, treasury stock certificate, bond, treasury bond, debenture, certificate of deposit, interest coupon, bill, check, draft, warrant, debit instrument (as that term is defined in section 916(c) of the Electronic Fund Transfer Act (15 U.S.C. 1693n(c))), money order, traveler's check, letter of credit, warehouse receipt, negotiable bill of lading, evidence of indebtedness, certificate of interest in or participation in a profit-sharing agreement, collateral-trust certificate, pre-reorganization certificate of subscription, transferable share, investment contract, or voting trust certificate; ``(B) a certificate of interest in, certificate of participation in, certificate for, receipt for, or warrant or option or other right to subscribe to or purchase any item described in subparagraph (A); or ``(C) a blank form of any item described in subparagraph (A) or (B); and ``(3) the terms `State' and `support obligation' have the meanings given those terms in section 228.''. (b) Technical and Conforming Amendment.--The table of sections for chapter 87 of title 18, United States Code, is amended by adding at the end the following: ``1794. Restrictions on the mailing and delivery privileges of State and Federal prisoners for commercial purposes.''. SEC. 3. CRIMINAL FORFEITURE. Section 982(a) of title 18, United States Code, is amended by adding at the end the following: ``(9) The court, in sentencing a defendant convicted of an offense under section 1794, or of a conspiracy to commit such an offense, shall order that the defendant forfeit to the United States any real or personal property-- ``(A) used or intended to be used to commit, facilitate, or promote the commission of such offense; and ``(B) constituting, derived from, or traceable to the gross proceeds that the defendant obtained directly or indirectly as a result of the offense.''. SEC. 4. CIVIL FORFEITURE. Any property subject to forfeiture under section 982(a)(9) of title 18, United States Code, as added by this Act, may be forfeited to the United States in a civil action in accordance with the procedures set forth in chapter 46 of title 18, United States Code. SEC. 5. CIVIL REMEDIES. (a) In General.--Any person aggrieved by reason of conduct prohibited under section 1794 of title 18, United States Code, as added by this Act, may bring a civil action in an appropriate United States district court for the relief described in subsection (b). (b) Relief.--In any civil action brought under subsection (a), the court may award appropriate relief, including-- (1) temporary, preliminary, or permanent injunctive relief; (2) compensatory and punitive damages; and (3) the costs of the civil action and reasonable fees for attorneys and expert witnesses.

Summary: Stop the Sale of Murderabilia Act of 2013 - Amends the federal criminal code to prohibit a federal or state prison inmate convicted of a crime of violence from knowingly placing in the mail or causing to be delivered in interstate or foreign commerce any property, article, or object. Sets forth exceptions for a mailing or delivery of title to real property, title to motor vehicles, or a security to satisfy debt that is: (1) imposed by law or a court order; or (2) incurred through a contract for legal services, a mortgage on the primary residence of the immediate family of the inmate, the education or medical care of the inmate or a member of the immediate family of the inmate, or life, health, home, or car insurance. Provides for civil and criminal forfeiture of real or personal property used to commit such a crime or obtained as a result of such crime. Provides civil remedies, including injunctions, damages, and attorney fees, for persons aggrieved by prisoners using the mail in violation of this Act.


SECTION 1. EXPEDITED ACCESS TO CERTAIN FEDERAL LANDS. (a) In General.--The Secretary shall develop and implement a process to expedite access to Federal lands under the administrative jurisdiction of the Secretary for eligible organizations and eligible individuals to request access to Federal lands to conduct good Samaritan search-and-recovery missions. The process developed and implemented pursuant to this subsection shall include provisions that clarify that-- (1) an eligible organization or eligible individual granted access under this section shall be acting for private purposes and shall not be considered a Federal volunteer; (2) an eligible organization or eligible individual conducting a good Samaritan search-and-recovery mission under this section shall not be considered a volunteer under section 3 of the Volunteers in the Parks Act of 1969 (16 U.S.C. 18i); (3) the Federal Torts Claim Act shall not apply to an eligible organization or eligible individual carrying out a privately requested good Samaritan search-and-recovery mission under this section; and (4) the Federal Employee Compensation Act shall not apply to an eligible organization or eligible individual conducting good Samaritan search-and-recovery mission under this section and such activities shall not constitute civilian employment. (b) Release of the Federal Government From Liability.--The Secretary shall not require an eligible organization or an eligible individual to have liability insurance as a condition of accessing Federal lands under this section if the eligible organization or eligible individual-- (1) acknowledges and consents, in writing, to the provisions listed in paragraphs (1) through (4) of subsection (a); and (2) signs a waiver releasing the Federal Government from all liability related to the access granted under this section. (c) Approval and Denial of Requests.-- (1) In general.--The Secretary shall notify an eligible organization and eligible individual of the approval or denial of a request by that eligible organization and eligible individual to carry out a good Samaritan search-and-recovery mission under this section not more than 48 hours after the request is made. (2) Denials.--If the Secretary denies a request from an eligible organization or eligible individual to carry out a good Samaritan search-and-recovery mission under this section, the Secretary shall notify the eligible organization or eligible individual of-- (A) the reason for the denial request; and (B) any actions that eligible organization or eligible individual can take to meet the requirements for the request to be approved. (d) Partnerships.--The Secretary shall develop search-and-recovery focused partnerships with search-and-recovery organizations to-- (1) coordinate good Samaritan search-and-recovery missions on Federal lands under the administrative jurisdiction of the Secretary; and (2) expedite and accelerate good Samaritan search-and- recovery mission efforts for missing individuals on Federal lands under the administrative jurisdiction of the Secretary. (e) Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit a joint report to Congress describing-- (1) plans to develop partnerships described in subsection (c)(1); and (2) efforts being taken to expedite and accelerate good Samaritan search-and-recovery mission efforts for missing individuals on Federal lands under the administrative jurisdiction of the Secretary pursuant to subsection (b)(2). (f) Definitions.--For the purposes of this section, the following definitions apply: (1) Eligible organization and eligible individual.--The terms ``eligible organization'' and ``eligible individual'' means an organization or individual, respectively, that-- (A) is acting in a not-for-profit capacity; and (B) is certificated in training that meets or exceeds standards established by the American Society for Testing and Materials. (2) Good samaritan search-and-recovery mission.--The term ``good Samaritan search-and-recovery mission'' means a search for one or more missing individuals believed to be deceased at the time that the search is initiated. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior or the Secretary of Agriculture, as appropriate.

Summary: Directs the Secretary of the Interior and the Secretary of Agriculture (USDA) to implement a process to provide eligible organizations and individuals expedited access to federal lands to conduct good Samaritan search-and-recovery missions. Sets forth procedures for the approval or denial of requests made by eligible organizations or individuals to carry out a good Samaritan search-and-recovery mission. Requires the Secretaries to develop search-and-recovery focused partnerships with search-and-recovery organizations to: (1) coordinate good Samaritan search-and-recovery missions on such lands, and (2) expedite and accelerate mission efforts for missing individuals on such lands.


SECTION 1. FINDINGS; SENSE OF THE CONGRESS. (a) Findings.--The Congress finds the following: (1) The workers who mine American coal have fueled nearly 2 centuries of industrial development, and are crucial to the Nation's economic well-being. (2) The Federal Government has had a central role with regard to both the coal industry and the health and welfare of coal miners. Both the Congress and the executive branch have frequently intervened in the coal industry to protect the interests of both coal miners and the industry itself. For example-- (A) the Congress enacted legislation-- (i) regulating the coal industry to protect the health and safety of coal miners; and (ii) guaranteeing health care for coal miners and their families, and providing benefits to victims of black lung disease; and (B) the Executive Branch has seized the Nation's coal mines for the purpose of negotiating a collective bargaining agreement on the mine owners' behalf, has otherwise frequently intervened in collective bargaining in the coal industry, and has created numerous panels and commissions to study problems and issues unique to coal mining communities and the coal Industry. (3) Because coal is an abundant domestic resource, a strong coal industry serves to reduce American dependence upon foreign oil and is vital both to commerce and to the defense of the United States. (4) As the result of the abuse of the provisions of bankruptcy law, certain coal industry employers have been able to gain unfair advantages over their competitors, primarily at the expense of their employees. (b) Sense of the Congress.-- It is the sense of the Congress that the abuse of the provisions of bankruptcy law by certain coal industry employers is damaging to the economic health of the United States, as well as to the employees who are directly harmed by such legal abuses. SEC. 2. AMENDMENTS TO TITLE 11 OF THE UNITED STATES CODE. Title 11 of the United States Code is amended-- (1) in section 101 by inserting after paragraph (5) the following: ``(5A) Coal industry employer.--The term `coal industry employer' means an employer in the coal industry, and all members of the employer's controlled group of corporations and all trades and businesses under common control (within the meaning of sections 52(a) and 52(b) of the Internal Revenue Code of 1986). ``(5B) Covered facility of a coal industry employer.--The term `covered facility of a coal industry employer' means any facility owned or operated by a coal industry employer that is involved in the production, processing, or transportation of coal.''; (2) in section 363 by adding at the end the following: ``(p) Notwithstanding subsection (f), a covered facility of a debtor that is coal industry employer that is sold by the trustee shall remain subject to the labor rights of the current and former employees of the debtor. For purposes of this subsection, the term `labor rights' means-- ``(1) if the employees at a covered facility of a coal industry employer to be sold are covered under the terms of a current collective bargaining agreement (other than an agreement that has been rejected pursuant to the terms of sections 365 or 1113), the obligations of the debtor arising under that agreement or under the National Labor Relations Act; or ``(2) if the employees at a covered facility of a coal industry employer to be sold are represented by a labor organization but are not covered under the terms of an current collective bargaining agreement, the obligations of the debtor arising under the National Labor Relations Act. Furthermore, in the case of the sale of a covered facility of a coal industry employer at which employees are represented by a labor organization, such labor organization shall be conclusively presumed to enjoy majority support for a period of 1 year from the date of such sale, or such longer period as required by applicable nonbankruptcy law.''; (3) in section 1113 by adding at the end the following: ``(g)(1) Notwithstanding any other provision of this section, no application for the rejection of a collective bargaining agreement between a coal industry employer relating to a covered facility of such coal industry employer shall be approved unless the following additional conditions are met: ``(A) The information provided pursuant to subsection (b)(1)(B) has been personally verified by the principal officers (including the principal executive officer and principal financial officer) of the debtor under penalty of perjury. ``(B) As soon as practicable after the filing of an application under this section, the Secretary of Labor shall submit a list of five disinterested individuals who are qualified and willing to serve as trustees in the case. The United States trustee shall appoint one of such individuals to serve as trustee in the case. ``(C) The court finds that the executive management of the debtor has not received any wage increases or bonuses during the period that the case is pending under this title, or within the year preceding the filing of the petition, or that any such wage increases or bonuses have been disgorged and refunded to the debtor. ``(D) The court finds that the proposal made pursuant to subsection (b)(1)(A)-- ``(i) does not purport to relieve the debtor, or the purchaser of a covered facility of a coal industry employer, from any obligations otherwise arising under the National Labor Relations Act; ``(ii) provides that the purchaser of any facility owned by the debtor is to be considered a `successor' under the National Labor Relations Act; ``(iii) does not abridge labor rights, as defined in section 363(p); and ``(iv) provides that existing employees retain all noneconomic employment rights provided under the terms of the collective bargaining agreement (including the right to not be terminated without cause and any recall rights following a layoff), both with regard to the debtor and the purchaser of a covered facility of a coal industry employer. ``(2) Any obligations arising under the terms of a collective bargaining agreement prior to the entry of relief under this section shall be secured by a lien on all of the assets of the debtor.''; and (4) in section 1114 by adding the following at the end: ``(m) If the court enters an order approving an application for the modification of retiree benefits owed by a coal industry employer relating to a covered facility of such coal industry employer, all members of the debtor's controlled group of corporations and all trades and businesses under common control (within the meaning of sections 52(a) and 52(b) of the Internal Revenue Code of 1986) shall be jointly and severally liable for all damages arising as the result of the entry of such order, and all such claims shall be entitled to priority pursuant to section 507(a)(1).''. SEC. 3. EFFECTIVE DATE AND APPLICATION OF AMENDMENTS. This Act and the amendments made by this Act shall take effect on the date of the enactment of this Act, and shall apply with respect to cases commenced under title 11 of the United States Code before, on, or after such date.

Summary: Expresses the sense of Congress that the abuse of the provisions of bankruptcy law by certain coal industry employers is damaging to the economic health of the United States, as well as to the employees who are directly harmed by such legal abuses. Amends Federal bankruptcy law to declare that sale by the bankruptcy trustee of a facility owned or operated by a coal industry employer involved in coal production, processing, or transportation is subject to the labor rights of the current and former employees of the debtor. States that if employees at such facility are represented by a labor organization, such organization is conclusively presumed to enjoy majority support for a period of one year from the date of such sale, or such longer period as required by applicable nonbankruptcy law. Sets forth criteria for approval of an application to reject a collective bargaining agreement by a coal industry employer relating to a covered facility. States that obligations arising under the terms of a collective bargaining agreement before the entry of bankruptcy relief are secured by a lien on all of the debtor's assets. Declares that all members of a debtor's controlled group of corporations are jointly and severally liable for damages arising as the result of the court-approved application for the modification of retiree benefits owed by a coal industry employer relating to a covered facility. Declares all such claims entitled to priority status.


SECTION 1. SHORT TITLE. This Act may be cited as the ``MMA Territorial Equity for Low- Income Individuals Act of 2004''. SEC. 2. EQUITABLE TREATMENT OF RESIDENTS OF TERRITORIES UNDER MEDICARE PRESCRIPTION DRUG TRANSITIONAL ASSISTANCE PROGRAM. (a) In General.--Subsection (b)(2)(A) of section 1860D-31 of the Social Security Act (42 U.S.C. 1395w-141) is amended by inserting after ``or the District of Columbia'' the following: ``or in Puerto Rico, the Virgin Islands, Guam, American Samoa, or the Commonwealth of the Northern Mariana Islands''. (b) Conforming Change in Availability of Funds.--Subsection (j)(2) of such section is amended-- (1) by striking ``for the entire period of the operation of this section'' and inserting ``for 2004''; and (2) by striking subparagraph (D). (c) Additional Conforming Amendments.--(1) Subsection (b) of such section is amended-- (A) by adding at the end of paragraph (2)(A) the following: ``The poverty line to be applied under this subparagraph to an individual residing in a territory shall be the same as the poverty line applicable to individuals residing in the continental United States.''; and (B) by adding at the end of paragraph (3) the following: ``The poverty line to be applied under this paragraph to an individual residing in a territory shall be the same as the poverty line applicable to individuals residing in the continental United States.''. (2) Subsection (f)(3)(C)(ii) of such section is amended by striking ``that is one of the 50 States or the District of Columbia''. (d) Effective Date.--The amendments made by this section shall take effect on January 1, 2005. SEC. 3. EQUITABLE TREATMENT OF RESIDENTS OF TERRITORIES IN PREMIUM AND COST-SHARING SUBSIDIES UNDER MEDICARE PRESCRIPTION DRUG PROGRAM. (a) In General.--Section 1860D-14(a)(3) of the Social Security Act (42 U.S.C. 1395w-114(a)(3)) is amended by striking subparagraph (F). (b) Conforming Amendments.-- (1) Section 1935 of such Act (42 U.S.C. 1396v) is amended-- (A) in subsections (a) and (c)(1), by striking ``subject to subsection (e)''; (B) in subsection (c)(1)(A), by striking ``Each of the 50 States and the District of Columbia'' and inserting ``Each State''; (C) in subsection (c)(2)(A)(i), by striking ``and'' at the end of subclause (I), and by adding after subclause (II) the following new subclause: ``(III) in the case of a territory subject to a limitation on payments under this title under subsections (f) and (g) of section 1108, the ratio of the total amounts of the payment limitations under such subsections for such territory for fiscal year 2003, to the total amounts that would be payable to such territory under this title for such fiscal year but for such payment limitations; and''; and (D) by striking subsection (e). (2) Section 1108(f) of such Act (42 U.S.C. 1308(f)) is amended by striking ``and section 1935(e)(1)(B)''. (3) Section 1860D-14(a)(3)(C) of such Act (42 U.S.C. 1395w- 114(a)(3)(C)) is amended by adding at the end the following: ``The poverty line to be applied in the territories shall be the same as the poverty line applied to States in the continental United States.''. (c) Effective Date.--The amendments made by this section shall be effective as if included in the enactment of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173). SEC. 4. INSTITUTE OF MEDICINE REPORT ON ACCESS OF MEDICARE BENEFICIARIES IN TERRITORIES TO PRESCRIPTION DRUGS. (a) In General.--The Secretary of Health and Human Services shall request the Institute of Medicine of the National Academy of Sciences to undertake a study that examines the access of medicare beneficiaries residing in the United States territories to prescription drugs during each of 3 periods: (1) Before mma.--The period before the date of the enactment of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173). (2) Discount card and transitional assistance.--The period during the implementation of the discount card and transitional assistance program (under section 1860D-31 of the Social Security Act). (3) Implementation of prescription drug benefit.--The period beginning on January 1, 2006. (b) Report.--The study under subsection (a) shall include a report to the Secretary, the Committees on Ways and Means and Energy and Commerce of the House of Representatives, and the Committee on Finance of the Senate, on the results of such study. Such report shall include information on-- (1) the relative cost of prescription drugs to medicare beneficiaries residing in the territories, both retail and as affected through benefit changes effected under the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173); and (2) statistical health improvements of such beneficiaries as a result of the enactment of such law.

Summary: MMA Territorial Equity for Low-Income Individuals Act of 2004 - Amends title XVIII (Medicare) of the Social Security Act to treat Medicare-eligible citizens of Guam, the Virgin Islands, American Samoa, the Commonwealth of Puerto and the Commonwealth of the Northern Mariana Islands the same as low-income citizens in the 50 States and the District of Columbia with respect to the Medicare prescription drug transitional assistance program, and premium and cost-sharing subsidies under the Medicare prescription drug program. Directs the Secretary of Health and Himan Services to request the Institute of Medicine of the National Academy of Sciences to undertake a study for a report to the Secretary and Congress on access of Medicare beneficiaries in territories to prescription drugs.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Volunteer First Responder Housing Act''. SEC. 2. DEFINITIONS. In this Act: (1) Bona fide volunteer; eligible employer; qualified services.--The terms ``bona fide volunteer'', ``eligible employer'', and ``qualified services'' have the meanings given those terms in section 457(e) of the Internal Revenue Code of 1986. (2) Indian tribe.--The term ``Indian tribe'' has the meaning given the term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 5304). (3) Qualified volunteer first responder.--The term ``qualified volunteer first responder'' means any individual who-- (A) is a bona fide volunteer performing qualified services for an eligible employer; (B) has volunteered for not less than 2 continuous years for an eligible employer; (C) during each of the 2 years described in subparagraph (B)-- (i) met the minimum requirements for active membership established by the eligible employer; or (ii) if the eligible employer did not establish minimum requirements, volunteered for not less than 200 hours; and (D) is certified as a firefighter or other responder in the State, unit of general local government, or Indian tribe in which the individual is serving as volunteer. SEC. 3. DEPARTMENT OF AGRICULTURE SINGLE FAMILY HOUSING GUARANTEED LOAN PROGRAM. (a) In General.--A qualified volunteer first responder who submits to the Secretary of Agriculture (referred to in this section as the ``Secretary'') a verification letter in accordance with subsection (b) shall be eligible for a verified adjustment in annual income under section 3555.152(c) of title 7, Code of Federal Regulations (or successor regulations), in the amount of $18,000. (b) Verification Letter.--To be eligible for a verified deduction under subsection (a), a qualified volunteer first responder shall submit to the Secretary a verification letter from the head of the eligible employer for which the qualified volunteer first responder volunteers, which shall-- (1) include the date on which the qualified volunteer first responder joined the eligible employer as a volunteer; (2) attest to the Secretary that the qualified volunteer first responder-- (A) continuously served as a volunteer for the eligible employer during the 2-year period preceding the date of the verification letter; and (B) during each of the 2 years described in subparagraph (A)-- (i) met the minimum requirements for active membership established by the eligible employer; or (ii) if the eligible employer did not establish minimum requirements, volunteered for not less than 200 hours; and (3) include a copy of the certification of the qualified volunteer first responder as a firefighter or other responder in the State, unit of general local government, or Indian tribe in which the individual served as a volunteer. SEC. 4. GOOD NEIGHBOR NEXT DOOR SALES PROGRAM. (a) Definitions.--In this section: (1) Department.--The term ``Department'' means the Department of Housing and Urban Development. (2) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development. (b) Amendments.--The Secretary shall amend-- (1) section 291.530 of title 24, Code of Federal Regulations, to provide that a qualified volunteer first responder qualifies as a firefighter or emergency medical technician for purposes of the Good Neighbor Next Door Sales Program of the Department; and (2) section 291.515 of title 24, Code of Federal Regulations, to provide that, to qualify to purchase a home through the Good Neighbor Next Door Sales Program of the Department, a qualified volunteer first responder shall submit to the Secretary a verification letter from the head of the eligible employer for which the qualified volunteer first responder volunteers, which shall-- (A) include the date on which the qualified volunteer first responder joined the eligible employer as a volunteer; (B) attest to the Secretary that the qualified volunteer first responder-- (i) continuously served as a volunteer for the eligible employer during the 2-year period preceding the date of the verification letter; and (ii) during each of the 2 years described in clause (i)-- (I) met the minimum requirements for active membership established by the eligible employer; or (II) if the eligible employer did not establish minimum requirements, volunteered for not less than 200 hours; and (C) include a copy of the certification of the qualified volunteer first responder as a firefighter or other responder in the State, unit of general local government, or Indian tribe in which the individual served as a volunteer.

Summary: Volunteer First Responder Housing Act This bill expands eligibility for assistance under the Department of Agriculture Single Family Housing Guaranteed Loan Program and the Department of Housing and Urban Development Good Neighbor Next Door Sales Program with respect to qualified volunteer first responders.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Sexual Harassment Prevention Act of 1993''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds the following: (1) Sexual harassment in employment persists widely in the workplace, although it violates title VII of the Civil Rights Act of 1964 and adversely affects employees. (2) According to guidelines issued by the Equal Employment Opportunity Commission in 1980, the most effective tool for eliminating sexual harassment is prevention. (3) The United States Merit Systems Protection Board found in 1981 and 1988 surveys of Federal Government employees that 42 percent of female employees and 14 percent of male employees questioned had experienced some kind of harassment in employment. The American Psychological Association estimates that at least \1/2\ of all working women have been sexually harassed at the workplace during their careers. (4) The vast majority of sexual harassment episodes go unreported to a supervisory employee or other individual designated by the employer. Only 5 percent of the Government employees who indicated in the 1988 Merit Systems Protection Board survey that they had been harassed filed a formal complaint or requested an investigation of the harassment. (5) Sexual harassment has a significant cost for employees and employers. A 1988 study by Working Woman Magazine shows that sexual harassment costs a typical ``Fortune 500'' employer $6,000,000, or $292.53 per employee, each year. The same study estimates that it is 34 times more expensive for such an employer to ignore the problem than it is to establish effective programs and policies to address the problem. (6) Most job growth over the next decade is expected to occur in employment by small employers. Sixty-six percent of the individuals who will enter the work force during this period are expected to be female. The establishment of programs and policies in small-business environments, at a low cost to employers, will be a key prevention priority to reduce sexual harassment in employment. (b) Purposes.--The purposes of this Act are-- (1) to establish workplace requirements that will reduce the incidence of sexual harassment in employment, (2) to provide a low-cost system to assist employers to establish programs and policies to prevent sexual harassment in employment, (3) to raise the awareness of employees of the definition of sexual harassment and of available avenues of redress, and (4) to increase the authority and capacity of the Equal Employment Opportunity Commission to assist in preventing sexual harassment in employment. SEC. 3. EMPLOYER REQUIREMENTS. (a) Posting of Notice in the Workplace.--Each employer shall post and keep posted in conspicuous places upon its premises where notices to employees and applicants for employment are customarily posted, a notice that shall be prepared or approved by the Commission and shall set forth-- (1) the definition of sexual harassment found in section 1604.11(a) of title 29 of the Code of Federal Regulations (July 1, 1992), (2) the fact that sexual harassment in employment is a violation of title VII of the Civil Rights Act of 1964, (3) information describing how to file with the Commission a complaint alleging such harassment, including information on the time periods within which an alleged victim of discrimination (including sexual harassment) must file a charge with the Equal Employment Opportunity Commission, or a State or local fair employment agency, in order to satisfy the statute of limitations applicable to claims under title VII, (4) an address, and the toll-free telephone number, to be used to contact the Commission regarding such harassment or compliance with the requirements of this Act, and (5) such other information as the Commission may require. (b) Separate Notice to Individual Employees.--Each employer shall provide annually to each employee separately a written notice that includes-- (1) the matters specified in paragraphs (1) through (4) of subsection (a), (2) a description of the procedures established by such employer to resolve allegations of sexual harassment in employment, and (3) such other information as the Commission may require. Such notice shall be provided in a manner that ensures that such employee actually receives such notice. (c) Management Information for Supervisory Employees.--Not later than 60 days after an employer places an individual in a supervisory employment position or 1 year after the date of the enactment of this Act, whichever occurs later, such employer shall provide to the supervisory employee information specifying the responsibilities of, and the methods to be used by, such employee to ensure that immediate and corrective action is taken to address allegations of sexual harassment in employment. (d) Civil Penalty.--A willful violation of this section shall be punishable by a civil penalty of not more than $1,000 for each separate violation. SEC. 4. DUTIES OF THE COMMISSION. (a) Technical Assistance Materials.--Not later than 180 days after the date of the enactment of this Act, the Commission shall prepare, revise from time to time as needed, and make available to employers at no cost (by publication in the Federal Register or other means)-- (1) a model notice of the kind required by section 3(a) to be posted, (2) a model notice of the kind required by section 3(b) to be provided to employees, and (3) voluntary guidelines for the establishment of policies and procedures by employers to address allegations of discrimination (including sexual harassment) in employment. (b) Toll-Free Telephone Number.--Not later than 180 days after the date of the enactment of this Act, the Commission shall provide a toll- free telephone number for use by employees and employers in the United States to obtain-- (1) information regarding compliance with this Act, and (2) the model notices and guidelines prepared under subsection (a). SEC. 5. ENFORCEMENT. Section 3 shall be enforced-- (1) by the Commission with respect to violations alleged by employees as defined in subparagraphs (A), (B), and (E) of section 6(2), (2) by the House of Representatives in the manner described in section 117(a)(2)(B) of the Civil Rights Act of 1992 (2 U.S.C. 60l) with respect to violations alleged by employees as defined in section 6(2)(C) of this Act, and (3) by the Senate in the manner described in the Government Employee Rights Act of 1992 (2 U.S. 120 et seq.) with respect to violations alleged by employees as defined in section 6(2)(D) of this Act. SEC. 6. DEFINITIONS. For purposes of this Act-- (1) the term ``Commission'' means the Equal Employment Opportunity Commission, (2) the term ``employee'' means-- (A) an employee as defined in section 701(f) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(f)), (B) an employee referred to in section 717(a) of such Act (42 U.S.C. 2000e-16(a)), (C) an employee in an employment position of the House of Representatives, (D) a Senate employee as defined in section 301(c)(1) of the Government Employee Rights Act of 1991 (2 U.S.C. 1201(c)(1)), or (E) an employee (other than a Senate employee) in an employment position of an instrumentality of the Congress, (3) the term ``employer'' means-- (A) an employer as defined in section 701(b) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(b)), (B) a Federal entity to which section 717(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000e-716(a)) applies, or (C) an employing authority of the House of Representatives, of the Senate, or of an instrumentality of the Congress, (4) the term ``instrumentality of the Congress'' means the Architect of the Capitol, the Congressional Budget Office, the Office of Technology Assessment, the United States Botanic Garden, and those units of the Government Printing Office with positions in the excepted service, and (5) the term ``sexual harassment'' has the same meaning as such term has for purposes of title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e-2000e-17). SEC. 7. EFFECTIVE DATES. (a) General Effective Date.--Except as provided in subsection (b), this Act shall take effect on the date of the enactment of this Act. (b) Effective Date of Section 3.--Section 3 shall take effect 1 year after the date of the enactment of this Act.

Summary: Sexual Harassment Prevention Act of 1993 - Directs employers (including Federal and congressional agencies) to keep posted in conspicuous places a notice prepared or approved by the Equal Employment Opportunity Commission that sets forth: (1) the definition of sexual harassment found in the Code of Federal Regulations; (2) the fact that sexual harassment is a violation of the Civil Rights Act of 1964; (3) information describing how to file a complaint with the Commission alleging such harassment; (4) an address and toll-free number to be used to contact the Commission; and (5) other information required by the Commission. Provides for annual notices by employers to individual employees which provide such information and a description of the procedures used by the employers to resolve allegations of sexual harassment. Requires employers to provide to each supervisory employee information specifying the responsibility of, and the methods to be used by, such employee to ensure that immediate and corrective action is taken to address allegations of sexual harassment. Prescribes civil penalties for willful violations of this Act. Directs the Commission to make model notices and voluntary guidelines for procedures dealing with allegations of sexual harassment available to employers at no cost as well as a toll-free number for information regarding this Act.


SECTION 1. ROCKLAND HARBOR, MAINE. As of the date of enactment of this Act, the portion of the project for navigation, Rockland Harbor, Maine, authorized by the Act of June 3, 1896 (29 Stat. 202, chapter 314), consisting of a 14-foot channel located in Lermond Cove and beginning at a point with coordinates N. 99977.37, E. 340290.02, thence running easterly about 200.00 feet to a point with coordinates N. 99978.49, E. 340490.02, thence running northerly about 138.00 feet to a point with coordinates N. 100116.49, E. 340289.25, thence running westerly about 200.00 feet to a point with coordinates N. 100115.37, E. 340289.25, thence running southerly about 138.00 feet to the point of origin, is not authorized. SEC. 2. REDESIGNATION OF PROJECT FOR NAVIGATION, SACO RIVER, MAINE. The portion of the project for navigation, Saco River, Maine, authorized under section 107 of the River and Harbor Act of 1960 (33 U.S.C. 577) and described as a 6-foot deep, 10-acre maneuvering basin located at the head of navigation, is redesignated as an anchorage area. SEC. 3. HERBERT HOOVER DIKE SUPPLEMENTAL MAJOR REHABILITATION REPORT. (a) In General.--Not later than May 31, 2007, the Secretary shall publish a supplement to the major rehabilitation report for the Herbert Hoover Dike system, approved by the Chief of Engineers in November 2000. (b) Inclusions.--The supplemental report under subsection (a) shall include-- (1) an evaluation of existing conditions at the Herbert Hoover Dike system; (2) an identification of additional risks associated with flood events at the system that are equal to or greater than the standard projected flood risks; (3) an evaluation of the potential to integrate projects of the Corps of Engineers into an enhanced flood protection system for Lake Okeechobee, including-- (A) the potential for additional water storage north of Lake Okeechobee; and (B) an analysis of other project features included in the Comprehensive Everglades Restoration Plan; and (4) a review of the report prepared for the South Florida Water Management District dated April 2006. (c) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $1,500,000. SEC. 4. ILLINOIS WATERWAY, SOUTH FORK OF THE SOUTH BRANCH OF THE CHICAGO RIVER, ILLINOIS. (a) In General.--The portion of the Illinois Waterway project authorized by the Act of January 21, 1927 (commonly known as the ``River and Harbor Act of 1927'') (44 Stat. 1013), in the South Fork of the South Branch of the Chicago River, as identified in subsection (b) is not authorized. (b) Description of Project Portion.--The portion of the project referred to in subsection (a) is the portion of the SW \1/4\ of sec. 29, T. 39 N., R. 14 E., Third Principal Meridian, Cook County, Illinois, and more particularly described as follows: (1) Commencing at the SW corner of the SW \1/4\. (2) Thence north 1 degree, 32 minutes, 31 seconds west, bearing based on the Illinois State Plane Coordinate System, NAD 83 east zone, along the west line of that quarter, 1810.16 feet to the southerly line of the Illinois and Michigan Canal. (3) Thence north 50 degrees, 41 minutes, 55 seconds east along that southerly line 62.91 feet to the easterly line of South Ashland Avenue, as widened by the ordinance dated November 24, 1920, which is also the east line of an easement to the State of Illinois for highway purposes numbered 12340342 and recorded July 13, 1939, for a point of beginnings. (4) Thence continuing north 50 degrees, 41 minutes, 55 seconds east along that southerly line 70.13 feet to the southerly line of the South Branch Turning Basin per for the plat numbered 3645392 and recorded January 19, 1905. (5) Thence south 67 degrees, 18 minutes, 31 seconds east along that southerly line 245.50 feet. (6) Thence north 14 degrees, 35 minutes, 13 seconds east 145.38 feet. (7) Thence north 10 degrees, 57 minutes, 15 seconds east 326.87 feet. (8) Thence north 17 degrees, 52 minutes, 44 seconds west 56.20 feet. (9) Thence north 52 degrees, 7 minutes, 32 seconds west 78.69 feet. (10) Thence north 69 degrees, 26 minutes, 35 seconds west 58.97 feet. (11) Thence north 90 degrees, 00 minutes, 00 seconds west 259.02 feet to the east line of South Ashland Avenue. (12) Thence south 1 degree, 32 minutes, 31 seconds east along that east line 322.46 feet. (13) Thence south 00 degrees, 14 minutes, 35 seconds east along that east line 11.56 feet to the point of beginnings.

Summary: Deauthorizes: (1) a portion of the project for navigation at Rockland Harbor, Maine; and (2) the portion of the Illinois Waterway project authorized by the River and Harbor Act of 1927 in the South Fork of the South Branch of the Chicago River. Redesignates a portion of the navigation project, Saco River, Maine, described as a maneuvering basin as an anchorage area. Directs the Secretary of the Army, by May 31, 2007, to publish a supplement to the major rehabilitation report for the Herbert Hoover Dike system, approved by the Chief of Engineers in November 2000, which shall: (1) evaluate existing conditions at the Herbert Hoover Dike system; (2) identify additional risks associated with flood events at the system that are equal to or greater than the standard projected flood risks; (3) evaluate the potential to integrate Corps of Engineers projects into an enhanced flood protection system for Lake Okeechobee, including the potential for additional water storage north of that lake and an analysis of other project features included in the Comprehensive Everglades Restoration Plan; and (4) review the report prepared for the South Florida Water Management District dated April 2006.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Forest Roads-Community Right-To-Know Act''. SEC. 2. FOREST SERVICE AND BUREAU OF LAND MANAGEMENT PROCEDURES FOR PERMANENT CLOSURE OF FOREST ROADS. (a) Definitions.--In this section: (1) Permanent closure.--The term ``permanent closure'', with respect to a forest road, means the closure of the road to vehicular traffic for a continuous period of more than one year. The term includes a road closure of one year or less, or of an unspecified duration, unless the Secretary concerned certifies at the time of the closure that the closure will not extend beyond one year. (2) Forest road.--The term ``forest road'' means any road on Federal lands. (3) Federal lands.--The term ``Federal lands'' means-- (A) lands administered by the Bureau of Land Management; and (B) lands within units of the National Forest System. (4) State and local government officials.--The term ``State and local government officials'' means elected officials of States and counties within which Federal lands are located. (5) Secretary concerned.--The term ``Secretary concerned'' means-- (A) with respect to the Federal lands described in paragraph (3)(A), the Secretary of the Interior; and (B) with respect to the Federal lands described in paragraph (3)(B), the Secretary of Agriculture. (b) Advance Notice of Permanent Road Closures to State and Local Government Officials.-- (1) Purpose.--The purpose of this subsection is to ensure that the Secretary concerned involves State and local government officials in the process by which the Secretary concerned considers and plans for the potential permanent closure of forest roads on Federal lands. (2) Annual meetings required.--At least once each fiscal year, the Secretary concerned shall meet with appropriate State and local government officials to describe all agency plans or proposals that, within the next two fiscal years, will or may result in the permanent closure of forest roads on Federal lands. Such agency plans or proposals include project proposals, land management plan amendments or revisions, resource management plan amendments or revisions, and regional or subregional plans or proposals (3) Elements of notice.--At a meeting under paragraph (2), the Secretary concerned shall provide information, using maps and other means, that at a minimum-- (A) shows forest roads selected or proposed for permanent closure; (B) shows traffic patterns and volumes on the roads over the previous five years; and (C) explains how users of the roads will be adversely affected with longer travel times or adverse travel conditions by the permanent closure of the roads. (4) Special rule for first meeting.--At the first meeting conducted under paragraph (2) for a State or local government, the Secretary concerned shall also provide information on all forest roads that have been subject to permanent closure in that State during the previous five years. The information shall include a map showing the location of the forest roads and a description of the methods and costs of the permanent closure of the forest roads. (c) Public Notice and Comment Requirements.-- (1) Local notice.--Before proceeding with the permanent closure of a forest road, the Secretary concerned shall publish an announcement describing the proposed closure in the local newspaper of record for the area likely to be affected by the permanent closure of the road. The announcement shall include a description and map of the forest road selected or proposed for permanent closure and a description of any comments generated regarding the closure in meetings with State and local government officials under subsection (b). (2) Comment period.--The permanent closure of a forest road may not take effect until after the end of the 90-day period beginning on the date that the announcement under paragraph (1) was published regarding that road so as to permit the public to submit comments regarding the decision to select or propose the forest road for permanent closure. (d) Prohibition on Permanent Road Closures.--The permanent closure of a forest road is prohibited unless-- (1) advance notice of the permanent closure of the road is provided to the appropriate State and local government officials in the manner provided in subsection (b); and (2) the Secretary complies with the public notice and comment requirements under subsection (c). (e) Application of Requirements.--The requirements of this section shall take effect on the date of the enactment of this Act, except that the prohibition contained in subsection (d)(1) shall not apply to prohibit the permanent closure of any forest road implemented during the fiscal year in which this section is enacted. (f) Effect on Valid and Existing Rights.--Nothing in this section shall invalidate rights-of-way designated under section 2477 of the Revised Statutes of 1878 (43 U.S.C. 932) or other valid and existing rights, including rights of ingress and egress. (g) Compliance With State Laws.--In carrying out this section with respect to a forest road, the Secretary concerned shall comply with the applicable laws of the State in which the forest road is located. SEC. 3. EMERGENCIES. (a) Emergency Road Closures.--Subject to subsection (b), the requirements of section 2 shall not apply to emergency road closures where life or property would be endangered or threatened in the absence of the road closure. (b) Length of Closure.--If an emergency road closure will extend beyond one year, the Secretary concerned shall comply with the requirements of section 2 within three months after the date on which the emergency road closure commenced.

Summary: Directs the Secretaries of Agriculture and the Interior, prior to making permanent road closings on National Forest System or Bureau of Land Management lands, respectively, to: (1) provide affected State and local officials with advance notice showing affected roads and traffic patterns; and (2) provide for public notice and comment. Requires: (1) the Secretaries to meet annually with State and local officials to describe agency proposals that will or may result in permanent road closures within the coming two fiscal years; and (2) information to be provided at the first meeting respecting the previous five years' road closings.