SECTION 1. SHORT TITLE. This Act may be cited as the ``Enhancing America's Security through Strategic Redeployment from Iraq Act''. SEC. 2. CONGRESSIONAL FINDINGS. (a) First Principal Finding.--Ending the war in Iraq is necessary, however, how the war is ended is of even greater importance for United States national security, the safety of members of the United States Armed Forces currently serving in Iraq, and stability in both Iraq and the Middle East. (b) Second Principal Finding.-- (1) Open-ended commitment is unsustainable.--An open-ended United States involvement in Iraq is not in the interest of United States national security, and United States military forces must be redeployed or risk becoming severely over- strained. (2) Supporting facts.-- (A) Currently, 40 percent of all United States Army equipment is in Iraq. (B) There is no Army unit currently in the United States in a state of readiness that would permit the unit to deploy anywhere another contingency might occur in the world. (c) Third Principal Finding.-- (1) Lengthy redeployment process.--Redeployment from Iraq will be a lengthy process. (2) Supporting facts.-- (A) Redeploying approximately 160,000 troops and 50,000 civilian contractors from Iraq and closing bases are logistically challenging, especially during conflict. (B) The critical consideration is the closure or turnover of the sixty-five Forward Operating Bases held by the United States Armed Forces in Iraq. (C) It takes on average 100 days to close just one Forward Operating Base, and any decision regarding the number of Forward Operating Bases to close at one time depends on surrounding strife and the fact that receiving facilities in Kuwait to prepare military vehicles for shipment to the United States or elsewhere can handle only 2 to 2\1/2\ brigade combat teams at a time and there are currently 40 brigade combat teams or their equivalent in Iraq. (D) Redeployment is the most vulnerable of military operations, particularly in this case because redeployment will rely on a single road, leading from Iraq to Kuwait. (E) For comparison purposes, the removal of 6,300 members of the Armed Forces from Somalia in 1993 took six months and actually required the deployment of another 19,000 troops to protect their withdrawal. (F) In view of the logistical challenges, it will take at least a year, more likely 15 to 20 months to complete redeployment of United States forces from Iraq. SEC. 3. DECLARATIONS OF POLICY. (a) First Declaration of Policy.-- (1) Need for comprehensive regional security plan.-- Congress declares that it is critical that a comprehensive security plan is developed for Iraq and the region that accepts the necessity for a deliberate redeployment of United States forces from Iraq. (2) Supporting details.-- (A) A comprehensive security plan is necessary for both the safety of United States forces in Iraq and the overall national security of the United States. (B) Redeployment would allow large numbers of members of the United States Armed Forces to return to the United States, while some forces could be deployed to areas, such as Afghanistan, where terrorists pose a threat to the national security of the United States or could remain at existing bases in Kuwait, Bahrain, the United Arab Emirates, or Qatar and on aircraft carrier and amphibious groups, to protect United States interests in the region. (b) Second Declaration of Policy.-- (1) Iraqi assumption of responsibility.--Congress declares that a planned end to United States involvement in Iraq will serve to force Iraqi leaders to assume responsibility for the security and governance of their country while providing Iran and Syria the incentive to prevent violence otherwise caused by the redeployment of United States forces. (2) Supporting details.-- (A) The United States intelligence community has found that Iran and Syria, currently involved destructively in the fighting in Iraq want stability in Iraq following redeployment, and can play a constructive role in improving security and stability in Iraq. (B) Because the redeployment of United States may take up to 20 months, there is an opportunity for a strategic approach to work diplomatically for political accommodation in Iraq with Iran and Syria (as well as Saudi Arabia and other countries in the region) during that timeframe. (c) Third Declaration of Policy.--Congress declares that while a ``date certain'' deadline for the redeployment of United States forces could force Iraqi leaders to assume responsibility and provide Iran and Syria the incentive to prevent violence that could result from the redeployment, a ``goal'' for the redeployment's end instead of a ``date certain'' is a necessary compromise in order to ensure a strategic approach for United States security and create a greater level of Iraqi stability in the aftermath of the redeployment. SEC. 4. REDEPLOYMENT REQUIREMENTS. (a) Redeployment Required.-- (1) Requirement.--Redeployment of United States Armed Forces serving in Iraq as part of Operation Iraqi Freedom shall begin within three months after the date of the enactment of this Act. Within six months after the date of the enactment of this Act, troop levels shall be at least 15,000 below the pre- surge level of 130,000 troops. (2) Goal.--Except as provided in subsection (b), not later than twenty months after the date of the enactment of this Act, the goal is that all United States Armed Forces serving in Iraq as part of Operation Iraqi Freedom shall be deployed outside of Iraq, to locations within the Middle East or Southwest Asia regions or to other regions or nations, or returned to the United States. (3) Purpose and pace of redeployment.--The redeployment required by this subsection shall be carried out for the purposes of both enhancing global security interests of the United States and improving the military readiness of the United States. The Secretary of Defense shall ensure that the redeployment is carried out at a deliberate, orderly pace that allows for the full security of members of the Armed Services. (b) Exceptions to Redeployment Requirement.--The redeployment required by subsection (a) shall not apply to the following: (1) Special operations forces and counter-terrorism operations.--Special operations forces assigned outside of Iraq that conduct either targeted counter-terrorism operations or periodic support operations of the Iraqi security forces in Iraq. (2) Military liaison teams.--Military or civilian personnel on military liaison teams involved in military-to-military contacts and comparable activities between the United States and Iraq, as authorized under section 168 of title 10, United States Code. (3) Air support.--Members of the Air Force, Navy, and Marine Corps assigned to locations outside Iraq for purposes of conducting air operations in Iraq (including air operations in support of combat operations) to support the Iraqi security forces. (4) Security for united states diplomatic missions in iraq.--Members of the Armed Forces providing security for the United States Embassy and other United States diplomatic missions in Iraq. (5) Defense attache.--Personnel conducting routine functions of the Office of Defense Attache. SEC. 5. LIMITATION ON USE OF FUNDS. Effective six months after the date of the enactment of this Act, funds appropriated or otherwise made available to the Department of Defense under any provision of law for Operation Iraqi Freedom may not be obligated or expended to support more than 115,000 members of the United States Armed Forces within Iraq, with a goal of no funding for troops in Iraq within twenty months after the date of the enactment of this Act. SEC. 6. DIPLOMATIC EFFORTS BY THE UNITED STATES. (a) United States Leadership.--The United States should take a leadership role in diplomatic efforts and negotiations necessary for countries in the region, including Iran and Syria, to work together to ensure the long-term stability of Iraq, which is in the best interests of such countries and the United States. (b) International Conference.--The United States should convene an international conference to bring together countries throughout the world to provide economic aid for rebuilding the infrastructure of Iraq and other reconstruction efforts in Iraq that are essential to ensure the long-term stability of Iraq and America's national security.

Summary: Enhancing America's Security through Strategic Redeployment from Iraq Act - Sets forth the following findings: (1) ending the war in Iraq is necessary, however, how the war is ended is of even greater importance for U.S. national security, the safety U.S. Armed Forces members serving in Iraq, and stability in both Iraq and the Middle East; (2) an open-ended U.S. involvement in Iraq is not in the interest of U.S. national security and U.S. military forces must be redeployed or risk becoming severely overstrained; and (3) redeployment from Iraq will be a lengthy process. Declares that: (1) it is critical that a comprehensive security plan is developed for Iraq and the region that accepts the necessity for a deliberate U.S. redeployment of forces from Iraq; (2) a planned end to U.S. involvement in Iraq will serve to force Iraqi leaders to assume responsibility for security and governance while providing Iran and Syria the incentive to prevent violence otherwise caused by the U.S. redeployment; and (3) a "goal" for the redeployment's end rather than a "date certain" end is a necessary compromise to ensure a strategic approach for U.S. security and to create to a greater level of post-redeployment Iraqi stability. States that: (1) with specified exceptions, redeployment of U.S. Armed Forces in Iraq shall begin within three months, and that within six months troop levels shall be at least 15,000 below the pre-surge level of 130,000 troops; and (2) the goal is that all U.S. Armed Forces in Iraq shall be deployed outside of Iraq within 20 months. States that funds for the Department of Defense (DOD) for Operation Iraqi Freedom may not be obligated or expended to support more than 115,000 U.S. Armed Forces members within Iraq, with a goal of no funding for troops in Iraq within 20 months. States that the United States should take a leadership role in diplomatic efforts necessary for countries in the region, including Iran and Syria, to work together to ensure Iraq's long-term stability of Iraq.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Military Spouses Residency Relief Act''. SEC. 2. GUARANTEE OF RESIDENCY FOR SPOUSES OF MILITARY PERSONNEL FOR VOTING PURPOSES. (a) In General.--Section 705 of the Servicemembers Civil Relief Act (50 U.S.C. App. 595) is amended-- (1) by striking ``For'' and inserting the following: ``(a) In General.--For''; (2) by adding at the end the following new subsection: ``(b) Spouses.--For the purposes of voting for any Federal office (as defined in section 301 of the Federal Election Campaign Act of 1971 (2 U.S.C. 431)) or a State or local office, a person who is absent from a State because the person is accompanying the person's spouse who is absent from that same State in compliance with military or naval orders shall not, solely by reason of that absence-- ``(1) be deemed to have lost a residence or domicile in that State, without regard to whether or not the person intends to return to that State; ``(2) be deemed to have acquired a residence or domicile in any other State; or ``(3) be deemed to have become a resident in or a resident of any other State.''; and (3) in the section heading, by inserting ``and spouses of military personnel'' before the period at the end. (b) Clerical Amendment.--The table of contents in section 1(b) of such Act (50 U.S.C. App. 501) is amended by striking the item relating to section 705 and inserting the following new item: ``Sec. 705. Guarantee of residency for military personnel and spouses of military personnel.''. (c) Application.--Subsection (b) of section 705 of such Act (50 U.S.C. App. 595), as added by subsection (a) of this section, shall apply with respect to absences from States described in such subsection (b) on or after the date of the enactment of this Act, regardless of the date of the military or naval order concerned. SEC. 3. DETERMINATION FOR TAX PURPOSES OF RESIDENCE OF SPOUSES OF MILITARY PERSONNEL. (a) In General.--Section 511 of the Servicemembers Civil Relief Act (50 U.S.C. App. 571) is amended-- (1) in subsection (a)-- (A) by striking ``A servicemember'' and inserting the following: ``(1) In general.--A servicemember''; and (B) by adding at the end the following: ``(2) Spouses.--A spouse of a servicemember shall neither lose nor acquire a residence or domicile for purposes of taxation with respect to the person, personal property, or income of the spouse by reason of being absent or present in any tax jurisdiction of the United States solely to be with the servicemember in compliance with the servicemember's military orders if the residence or domicile, as the case may be, is the same for the servicemember and the spouse.''; (2) by redesignating subsections (c), (d), (e), and (f) as subsections (d), (e), (f), and (g), respectively; (3) by inserting after subsection (b) the following new subsection: ``(c) Income of a Military Spouse.--Income for services performed by the spouse of a servicemember shall not be deemed to be income for services performed or from sources within a tax jurisdiction of the United States if the spouse is not a resident or domiciliary of the jurisdiction in which the income is earned because the spouse is in the jurisdiction solely to be with the servicemember serving in compliance with military orders.''; and (4) in subsection (d), as redesignated by paragraph (2)-- (A) in paragraph (1), by inserting ``or the spouse of a servicemember'' after ``The personal property of a servicemember''; and (B) in paragraph (2), by inserting ``or the spouse's'' after ``servicemember's''. (b) Application.--Subsections (a)(2) and (c) of section 511 of such Act (50 U.S.C. App. 571), as added by subsection (a) of this section, and the amendments made to such section 511 by subsection (a)(4) of this section, shall apply with respect to any return of State or local income tax filed for any taxable year beginning with the taxable year that includes the date of the enactment of this Act. SEC. 4. SUSPENSION OF LAND RIGHTS RESIDENCY REQUIREMENT FOR SPOUSES OF MILITARY PERSONNEL. (a) In General.--Section 508 of the Servicemembers Civil Relief Act (50 U.S.C. App. 568) is amended in subsection (b) by inserting ``or the spouse of such servicemember'' after ``a servicemember in military service''. (b) Application.--The amendment made by subsection (a) shall apply with respect to servicemembers in military service (as defined in section 101 of such Act (50 U.S.C. App. 511)) on or after the date of the enactment of this Act.

Summary: Military Spouses Residency Relief Act - Amends the Servicemembers Civil Relief Act to prohibit, for purposes of voting for a federal, state, or local office, deeming a person to have lost a residence or domicile in a state, acquired a residence or domicile in any other state, or become a resident in or of any other state solely because the person is absent from a state because the person is accompanying the person's spouse who is absent from the state in compliance with military or naval orders. Prohibits a servicemember's spouse from either losing or acquiring a residence or domicile for purposes of taxation because of being absent or present in any U.S. tax jurisdiction solely to be with the servicemember in compliance with the servicemember's military orders if the residence or domicile is the same for the servicemember and the spouse. Prohibits a spouse's income from being considered income earned in a tax jurisdiction if the spouse is not a resident or domiciliary of such jurisdiction when the spouse is in that jurisdiction solely to be with a servicemember serving under military orders. Suspends land rights residency requirements for spouses accompanying servicemembers serving under military orders.


SECTION 1. PURPOSE. The purpose of this Act is-- (1) to encourage the best and brightest candidates to teach in public elementary and secondary schools serving disadvantaged populations; and (2) to encourage high achieving candidates to enter the teaching profession who would otherwise not consider a career in teaching. SEC. 2. GRANTS AUTHORIZED. (a) In General.--The Secretary is authorized to award grants to at least 50 local educational agencies for a fiscal year to enable the local educational agencies to award bonuses to highly qualified individuals who agree to teach in elementary schools or secondary schools that are served by the local educational agency and located in high poverty areas, for a period of not less than 4 years. (b) Local Educational Agency Eligibility.--A local educational agency shall be eligible for a grant under this Act if-- (1) not less than 20 percent of children in the schools served by the local educational agency are eligible to be counted under section 1124(c) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6333(c)); or (2) the local educational agency is eligible to be counted under section 10952 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8272). (c) Requirement.--The Secretary shall award a grant under subsection (a) to at least 1 eligible local educational agency in each State. (d) Amount.--Grants under this section shall be awarded based on the number of students enrolled in schools under the jurisdiction of the local educational agency involved. With respect to a local educational agency with an enrollment of-- (1) 1,500 or fewer students, the amount of a grant shall be $22,500; (2) at least 1,501 but less than 5,001 students, the amount of a grant shall be $112,500; (3) at least 5,001 but less than 15,001 students, the amount of a grant shall be $150,000; and (4) at least 15,001 students, the amount of a grant shall be $300,000. (e) Bonuses Not Taxed.--For purposes of the Internal Revenue Code of 1986, a bonus awarded under this Act shall not be includable in the gross income of the individual awarded the bonus. (f) Collaboration.--The Secretary shall collaborate with local educational agencies, local boards of education, and local offices of student financial assistance in carrying out the program assisted under this section. (g) Definition.--The definitions in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801) shall apply to this Act. SEC. 3. LOCAL REQUIREMENTS. (a) Local Uses.--Each local educational agency receiving a grant under this Act shall use the funds made available under this Act to-- (1) award bonuses to highly qualified individuals who agree to teach in elementary schools or secondary schools in which at least 40 percent of the children are eligible to be counted under section 1124(c) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6333(c)); (2) award the bonuses in accordance with subsection (b) on a competitive basis taking into consideration-- (A) objective measures such as test scores, grade point average or class rank, and such other criteria as the local educational agency may determine appropriate; and (B) recommendations received under subsection (c); and (3) award the bonuses in the amount of $15,000 with $7,500 paid after the first year of such teaching and $7,500 paid after the second year of such teaching. (b) Bonuses.--With respect to bonuses under subsection (a)(2), the local educational agency shall, with respect to a local educational agency with an enrollment of-- (1) 1,500 or fewer students, award bonuses to not more than 3 highly qualified individuals in the fiscal year involved; (2) at least 1,501 but less than 5,001 students, award bonuses to not more than 15 highly qualified individuals; (3) at least 5,001 but less than 15,001 students, award bonuses to not more than 20 highly qualified individuals; and (4) at least 15,001 students, award bonuses to not more than 40 highly qualified individuals. (c) Prohibition.--Each local educational agency receiving a grant under this Act shall not use the grant funds to offset the salary of a teacher awarded a bonus under this Act. (d) Recommendations.--Each local educational agency receiving a grant under this Act shall establish a system for receiving a limited number of recommendations from institutions of higher education for individuals to receive bonus awards under this Act. SEC. 4. ELIGIBILITY. To be eligible to receive a bonus award under this Act an individual-- (1) shall enter into an agreement with the local educational agency to work in a school described in section 3(a)(1) for not less than 4 years or repay the bonus in accordance with section 6; (2) shall pass all State certification examinations required to teach in an elementary school or secondary school in the State; (3) shall have graduated with a 3.5 grade point average from an institution of higher education, or have graduated in the top 15 percent of the individual's graduating class at an institution of higher education, with a bachelor's degree; (4) shall submit an application to the local educational agency in accordance with section 5(a). SEC. 5. APPLICATIONS; NOTIFICATION. (a) Application.--Each individual desiring a bonus award under this Act shall submit an application to a local educational agency not later than January 15 of each year containing such information as the local educational agency may require. (b) Notification.--A local educational agency shall notify individuals of their bonus awards by May 1 of each year. SEC. 6. REPAYMENT. Each individual who receives a bonus award under this Act and does not comply with the terms of the agreement described in section 4(1) within 6 years of receiving the first bonus award payment under this Act, without an excuse that is acceptable to the local educational agency, shall repay to the local educational agency the amount of the bonus awards received plus interest. Repayment shall begin not later than 2 years after the local educational agency determines the individual is in noncompliance with the agreement. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act $15,000,000 for each of the fiscal years 2000 through 2004.

Summary: Authorizes the Secretary of Education to make grants to local educational agencies (LEAs) to award nontaxable bonuses to highly qualified individuals who agree to teach in elementary schools or secondary schools that are served by the LEA and located in high poverty areas. Requires such grants to be made to at least 50 LEAs per fiscal year, and to at least one eligible LEA in each State, for a period of not less than four years. Sets forth requirements relating to: (1) LEA, school, and individual eligibility; (2) grant and bonus amounts; (3) a competitive award process based on objective measures and recommendations from higher education institutions; and (4) service obligations or award repayment. Authorizes appropriations.


SECTION 1. FUNDING FOR EQUIPMENT RESET AND OTHER EQUIPMENT NEEDS OF THE NATIONAL GUARD. (a) Findings.--Congress makes the following findings: (1) In his testimony before the Commission on the National Guard and Reserves, the Chief of the National Guard Bureau, Lieutenant General Blum, warned about equipment shortfalls for the Army National Guard and Air National Guard stating that ``88 percent of the forces that are back here in the United States are very poorly equipped today in the Army National Guard. And in the Air National Guard for the last three decades, they have never had a unit below C2 in equipment readiness''. (2) In the March 1, 2007, report of the Commission on the National Guard and Reserves, the Commission observes that-- (A) while the operational tempo of the reserve components of the Armed Forces has increased substantially, resourcing has not kept pace; (B) the lack of sufficient and ready equipment is a problem common to both the active and reserve components of the Armed Forces; (C) the equipment readiness of the Army National Guard is unacceptable and has reduced the capability of the United States to respond to current and additional major contingencies, whether foreign and domestic; and (D) while the budget of the President for fiscal year 2008 includes large increases in funds for equipment for the National Guard, historical practice in the Department of Defense indicates that Army plans for projected funding increases for equipment for the Army National Guard are not reliably carried through. (3) According to the Commission on the National Guard and Reserves, procurement for the Army National Guard during the period from 1999 through 2005 has been reduced significantly from amounts proposed for such procurement before that period. The budget for fiscal year 2001 indicated that the Army planned to expend $1,346,000,000 in fiscal year 2004 for procurement for the Army National Guard, but the budget for fiscal year 2006 revealed that the Army expended only $578,400,000 for procurement for the Army National Guard in fiscal year 2004. Similarly, the budget for fiscal year 2001 indicated that the Army planned to expend $1,625,000,000 in fiscal year 2005 for procurement for the Army National Guard, but the budget for fiscal year 2006 revealed that the Army planned to expend only $660,900,000 for procurement for the Army National Guard in fiscal year 2005. (4) According to the Commission on the National Guard and Reserves, the difference between the amounts proposed for procurement for the Army National Guard for fiscal years 2003 through 2005 and the amounts actually expended for such procurement in such fiscal years was atypical and extreme. (5) According to a January 2007 report of the Government Accountability Office, inventories of equipment for the National Guard in the United States have decreased because of overseas operations, particularly inventories of the Army National Guard. The Comptroller General found that State officials expressed concerns about having enough equipment to respond to large scale natural or man made disasters such as Hurricane Katrina. (6) The Comptroller General found that before current overseas operations began, the majority of the combat forces of the Army National Guard were supplied with approximately 65 to 79 percent of their required equipment. As of November 2006, nondeployed Army National Guard forces nationwide still had approximately 64 percent of the total amount of authorized dual-use equipment, including authorized substitute items, based on their warfighting missions even as overseas and domestic missions have expanded. (b) Authorization of Appropriations.-- (1) In general.--There is hereby authorized to be appropriated for the Department of Defense for the Army National Guard and the Air National Guard for equipment reset requirements of the Army National Guard and the Air National Guard, and to otherwise remedy other equipment shortfalls of the Army National Guard and the Air National Guard, in order to bring the Army National Guard and the Air National Guard to full equipment readiness, amounts as follows: (A) For fiscal year 2008: (i) For procurement of National Guard and Reserve Equipment, $2,100,000,000, with such amount to be available for the Army National Guard. (ii) For Operation and Maintenance, Army National Guard, $1,300,000,000. (iii) For other equipment procurement and reset, $4,360,000,000, of which-- (I) $2,600,000,000 shall be available for the Army National Guard; and (II) $1,760,000,000 shall be available for the Air National Guard. (iv) For National Guard Personnel, Air Force, $280,000,000. (v) For Operation and Maintenance, Air National Guard, $720,000,000. (B) For each of fiscal years 2009 through 2013: (i) For procurement of National Guard and Reserve Equipment, $575,000,000, with such amount to be available for the Army National Guard. (ii) For Operation and Maintenance, Army National Guard, $1,300,000,000. (iii) For other equipment procurement and reset, $4,360,000,000, of which-- (I) $2,600,000,000 shall be available for the Army National Guard; and (II) $1,760,000,000 shall be available for the Air National Guard. (iv) For National Guard Personnel, Air Force, $280,000,000. (v) For Operation and Maintenance, Air National Guard, $720,000,000. (2) Supplement not supplant.--The amounts authorized to be appropriated by paragraph (1) for a fiscal year and account specified in that paragraph is in addition to any other amounts authorized to be appropriated for the Department of Defense for such fiscal year for such account. (c) Report on Defense Industrial Base.-- (1) In general.--Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report assessing the capability, during the 5-year period beginning on October 1, 2007, of the defense industrial base of the United States to produce the equipment to be procured using amounts applicable amounts authorized to be appropriated by subsection (b). (2) Recommendations.--If the assessment in the report under paragraph (1) includes a determination that the defense industrial base does not have the capability to produce equipment as described in that paragraph, the report shall also include such recommendations as the Secretary considers appropriate for actions, including investments, necessary to develop that capability.

Summary: Authorizes appropriations for FY2008-FY2013 for the Department of Defense (DOD) for the Army and Air National Guards for equipment reset (resupply) requirements, and to otherwise remedy other equipment shortfalls in order to bring the Army and Air National Guards to full equipment readiness. Requires a report from the Secretary to Congress on the capability of the U.S. defense industrial base to produce the necessary equipment.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Otay Mountain Wilderness Act of 1998''. SEC. 2. FINDINGS. The Congress finds and declares the following: (1) The public lands within the Otay Mountain region of California are one of the last remaining pristine locations in western San Diego County, California. (2) This rugged mountain adjacent to the United States- Mexico border is internationally known for its diversity of unique and sensitive plants. (3) This area plays a critical role in San Diego's multi- species conservation plan, a national model made for maintaining biodiversity. (4) Due to its proximity to the international border, this area is the focus of important law enforcement and border interdiction efforts necessary to curtail illegal immigration and protect the area's wilderness values. (5) The illegal immigration traffic, combined with the rugged topography, also presents unique fire management challenges for protecting lives and resources. SEC. 3. DESIGNATION. In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), certain public lands in the California Desert District of the Bureau of Land Management, California, comprising approximately 18,500 acres as generally depicted on a map entitled ``Otay Mountain Wilderness'' and dated May 7, 1998, are hereby designated as wilderness and therefore as a component of the National Wilderness Preservation System, which shall be known as the Otay Mountain Wilderness. SEC. 4. MAP AND LEGAL DESCRIPTION. (a) In General.--As soon as practicable after the date of enactment of this Act, a map and a legal description for the Wilderness Area shall be filed by the Secretary with the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives. Such map and legal description shall have the same force and effect as if included in this Act, except that the Secretary, as appropriate, may correct clerical and typographical errors in such legal description and map. Such map and legal description for the Wilderness Area shall be on file and available for public inspection in the offices of the Director and California State Director, Bureau of Land Management, Department of the Interior. (b) United States-Mexico Border.--In carrying out this section, the Secretary shall ensure that the southern boundary of the Wilderness Area is 100 feet north of the trail depicted on the map referred to in subsection (a) and is at least 100 feet from the United States-Mexico international border. SEC. 5. WILDERNESS REVIEW. The Congress hereby finds and directs that all the public lands not designated wilderness within the boundaries of the Southern Otay Mountain Wilderness Study Area (CA-060-029) and the Western Otay Mountain Wilderness Study Area (CA-060-028) managed by the Bureau of Land Management and reported to the Congress in 1991, have been adequately studied for wilderness designation pursuant to section 603 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782), and are no longer subject to the requirements contained in section 603(c) of that Act pertaining to the management of wilderness study areas in a manner that does not impair the suitability of such areas for preservation as wilderness. SEC. 6. ADMINISTRATION OF WILDERNESS AREA. (a) In General.--Subject to valid existing rights and to subsection (b), the Wilderness Area shall be administered by the Secretary in accordance with the provisions of the Wilderness Act (16 U.S.C. 1131 et seq.), except that-- (1) any reference in such provisions to the effective date of the Wilderness Act is deemed to be a reference to the effective date of this Act; and (2) any reference in such provisions to the Secretary of Agriculture is deemed to be a reference to the Secretary of the Interior. (b) Border Enforcement, Drug Interdiction, and Wildland Fire Protection.--Nothing in this Act or the Wilderness Act may be construed to preclude Federal, State, and local agencies from conducting within the Wilderness Area, in accordance with appropriate conditions determined by the Secretary-- (1) drug interdiction and border operations, including the installation of electronic sensors and other surveillance equipment; and (2) wildland fire management operations, including prescribed burns. SEC. 7. FURTHER ACQUISITIONS. Any lands within the boundaries of the Wilderness Area that are acquired by the United States after the date of enactment of this Act shall become part of the Wilderness Area and shall be managed in accordance with all the provisions of this Act and other laws applicable to such a wilderness. SEC. 8. NO BUFFER ZONES. The Congress does not intend for the designation of the Wilderness Area by this Act to lead to the creation of protective perimeters or buffer zones around the Wilderness Area. The fact that nonwilderness activities or uses can be seen or heard from areas within the Wilderness Area shall not, of itself, preclude such activities or uses up to the boundary of the Wilderness Area. SEC. 9. DEFINITIONS. As used in this Act: (1) Public lands.--The term ``public lands'' has the same meaning as that term has in section 103(e) of the Federal Land Policy and Management Act of 1976. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (3) Wilderness area.--The term ``Wilderness Area'' means the Otay Mountain Wilderness designated by section 3.

Summary: Otay Mountain Wilderness Act of 1998 - Designates specified public lands in the California Desert District of the Bureau of Land Management as the Otay Mountain Wilderness. Declares that such designation: (1) shall not preclude Federal, State, or local government drug interdiction and border operations or wildland fire management operations within the Wilderness; and (2) is not intended to lead to the creation of protective buffer zones around the Wilderness.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Freedom to Serve Without Fear Act of 2011''. SEC. 2. FINDINGS. The Congress finds the following: (1) A central tenet of representative democracy is that citizens enjoy the right to peaceably assemble and petition their government for redress of grievances. (2) For this right to be exercised meaningfully, elected representatives must be able to make themselves accessible to their constituents. (3) Fear of gun violence at events where elected representatives are performing their official or representational duties has a chilling effect on our democracy in at least 2 ways: (A) by discouraging citizens from engaging in the public and personal dialogue with their representatives that is the lifeblood of vibrant democratic politics; and (B) by leading elected representatives to reduce the frequency and extent of personal contact with their constituents as a reasonable precaution against unreasonable threats to their personal safety. (4) During the summer of 2009, there were multiple cases of persons carrying firearms outside of venues at which the President of the United States was holding meetings and official events. In one instance, a man carried an AR-15 automatic assault rifle and a sidearm. In another instance, occurring hours before a presidential town hall a week earlier, a man was arrested for breaching a security perimeter at the location of the event, and was found to be in possession of an unlicensed and loaded handgun. (5) In recent months, there has been a threefold increase in the number of reported threats against Members of the United States House of Representatives and Members of the United States Senate. SEC. 3. PROHIBITION ON KNOWINGLY POSSESSING A FIREARM NEAR A VENUE AT WHICH A MEMBER OF CONGRESS IS PERFORMING AN OFFICIAL AND REPRESENTATIONAL DUTY OR CAMPAIGNING FOR PUBLIC OFFICE. (a) Prohibition.--Section 922 of title 18, United States Code, is amended by adding at the end the following: ``(aa)(1) Except as provided in paragraph (2), it shall be unlawful for any person, in or affecting interstate or foreign commerce, to knowingly carry a firearm-- ``(A) in, or within 250 feet of an entrance to or exit from, a building or structure where the person knows that a Member of Congress is-- ``(i) performing an official and representational duty of the Member; ``(ii) engaging in campaign activity as a candidate for election for Federal office for purposes of the Federal Election Campaign Act of 1971; or ``(iii) engaging in campaign activity as a candidate for election for State or local office, as determined pursuant to State law; or ``(B) at, or within 500 feet of, any other place where the person knows that a Member of Congress is performing such a duty or engaging in such a campaign activity, if there is visible, at each place that is at the applicable distance specified in this sentence from the building, structure, or other place, a sign which clearly and conspicuously states that a Member of Congress will be present at the building, structure, or other place, and so states the time interval during which the Member of Congress is scheduled to be so present. ``(2) Paragraph (1) shall not apply to the carrying of a firearm-- ``(A) by a law enforcement officer (whether on- or off- duty) who is authorized to carry a firearm in the line of duty; or ``(B) pursuant to the express written permission of-- ``(i) any Member of Congress present at the location involved, which permission has been filed with the chief of police of the locality involved; or ``(ii) the chief of police of the locality involved; ``(C) on real property owned or rented by the carrier of the firearm; ``(D) on the premises of a business in which the carrier of the firearm is employed and authorized by the employer to carry the firearm; or ``(E) which is in a locked container or otherwise not readily accessible for use. ``(3) If Federal investigative or prosecutive jurisdiction is asserted for a violation of this subsection, such assertion shall suspend the exercise of jurisdiction by a State or local authority, under any applicable State or local law, until Federal action is terminated. ``(4) Violations of this subsection shall be investigated by the Federal Bureau of Investigation. Assistance may be requested from any Federal, State, or local agency, including the Army, Navy, and Air Force, any statute, rule, or regulation to the contrary notwithstanding.''. (b) Penalties.--Section 924(a) of such title is amended by adding at the end the following: ``(8) Whoever knowingly violates section 922(aa) shall be fined under this title, imprisoned not more than 10 years, or both.''. SEC. 4. ENCOURAGING STATES TO ADOPT FIREARMS PROHIBITIONS SIMILAR TO FEDERAL LAW TO PROTECT STATE AND LOCAL ELECTED AND APPOINTED OFFICIALS. (a) In General.--For each fiscal year after the expiration of the period specified in subsection (b)(1) in which a State receives funds for the Edward Byrne Memorial Justice Assistance Grant Program under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.), the State shall have in effect throughout the State laws and policies that prohibit any person to knowingly possess a firearm near a venue at which an elected or appointed State or local official is performing an official and representational duty or campaigning for public office if such possession would constitute an offense under subsection (aa) of section 922 of title 18, United States Code, if such official were a Member of Congress. (b) Compliance and Ineligibility.-- (1) Compliance date.--Each State shall have not more than 1 year from the date of enactment of this Act to comply with subsection (a), except that-- (A) the Attorney General may grant an additional 1 year to a State that is making good faith efforts to comply with such subsection; and (B) the Attorney General shall waive the requirements of subsection (a) if compliance with such subsection by a State would be unconstitutional under the constitution of such State. (2) Ineligibility for funds.--For any fiscal year after the expiration of the period specified in paragraph (1), a State that fails to comply with subsection (a) shall not receive 10 percent of the funds that would otherwise be allocated for that fiscal year to the State for the Edward Byrne Memorial Justice Assistance Grant Program under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.). (c) Reallocation.--Amounts not allocated under such Edward Byrne Memorial Justice Assistance Grant Program to a State for failure to fully comply with subsection (a) shall be reallocated under that program to States that have not failed to comply with such subsection.

Summary: Freedom to Serve Without Fear Act of 2011 - Amends the federal criminal code to prohibit any person from knowingly carrying a firearm in, or within 250 feet of an entrance to or exit from, a building or structure, or at, or within 500 feet of, any other place, where a Member of Congress is performing an official and representational duty or engaging in campaign activity as a candidate for federal, state, or local office, if there are visible at such distances signs which clearly and conspicuously state that a Member will be present and the time the Member will be present. Specifies exceptions, including pursuant to the express written permission of the Member or the chief of police of the locality involved. Requires a 10% reduction in funds a state would receive for the Edward Byrne Memorial Justice Assistance Grant Program for a fiscal year if the state fails to have in effect by the specified compliance date laws and policies that similarly prohibit individuals from knowingly possessing firearms near a venue at which an elected or appointed state or local official is performing an official and representational duty or campaigning for public office.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Childcare Accountability and Responsibility Act of 2009'' or the ``CARE for Kids Act of 2009''. SEC. 2. REQUIREMENT OF A CRIMINAL BACKGROUND CHECK. The Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.) is amended by inserting after section 658G the following new section: ``SEC. 658H. REQUIREMENT OF A CRIMINAL BACKGROUND CHECK FOR A CHILD CARE STAFF MEMBER OF ANY CHILD CARE PROVIDER IN A STATE THAT RECEIVES FUNDS FROM THE CHILD CARE AND DEVELOPMENT BLOCK GRANT PROGRAM. ``(a) Criminal Background Check.-- ``(1) Requirement of a criminal background check.--A State and national criminal background check for a child care staff member of a child care provider is required in any State that receives funds under this subchapter. The criminal background check shall include-- ``(A) a search of the National Sex Offender Registry established pursuant to the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16901 et seq.); ``(B) a search of the National Crime Information Center; ``(C) a search of the State criminal registry or repository in the State in which the child care staff member resides and each State where such staff member previously resided; ``(D) a search of State-based abuse and neglect registries and databases, including the abuse and neglect registries and databases of each State where the child care staff member previously resided; and ``(E) a Federal Bureau of Investigation fingerprint check using the Integrated Automated Fingerprint Identification System. ``(2) Submittal of requests.--Subject to paragraph (3), a child care provider shall submit a request for a State and national criminal background check to the appropriate State agency designated by the State-- ``(A) for each child care staff member prior to its submission of an application for a State child care license, except that this subparagraph shall not apply to any additional applications submitted within a 5- year period after such request for a criminal background check under paragraph (2) and such submission of an application under this subparagraph is made by the child care provider; ``(B) for each child care staff member; ``(C) for each prospective child care staff member prior to their beginning date of employment; and ``(D) in each 5-year period after the date of the child care provider's first request for a criminal background check for the child care staff member. ``(3) Limitation on requests.--Not more than 1 request for a State and national criminal background check under paragraph (2) is required for any child care staff member for each 5-year period after such request for the criminal background check for such staff member. ``(4) Results.--Not later than 10 business days after the date of which a request by a child care provider is made for a State and national criminal background check and is received by the appropriate State agency, such agency shall provide the results of the criminal background check to such provider. ``(5) Ineligibility.--A child care provider shall be ineligible for receipt of a child care certificate as payment for child care services, and a child care staff member shall be ineligible for employment by any child care provider in a State, if any such criminal background check of the child care staff member of the provider reveals a felony conviction for-- ``(A) child abuse or neglect; ``(B) spousal abuse; ``(C) a crime against children (including child pornography); ``(D) a violent crime, including-- ``(i) physical assault or battery; ``(ii) rape; ``(iii) sexual assault; or ``(iv) homicide; or ``(E) a drug-related offense committed within 5 years prior to submission to a criminal background check. ``(6) Appeals.--Not later than 30 days after receipt of the results of a criminal background check, a child care provider may appeal such results to the appropriate State agency designated by the State. ``(7) Fees.--To defray the costs of carrying out the duties described in this subsection, a State may collect 1 fee per criminal background check from a child care provider in an amount not to exceed the actual costs to the State for the administration of all required criminal background checks, and such fee for all required criminal background checks may not exceed a total of $36. ``(b) State Compliance.-- ``(1) Noncompliance.-- ``(A) Penalty.--A State that fails to satisfy the requirements of this section shall not receive 2 percent of the grant funds that it would otherwise be allocated for that fiscal year. ``(B) Unallocated grant funds.--Grant funds not allocated under subparagraph (A) shall be distributed in the first fiscal year that the State meets the requirements. ``(2) Time limitation.--A State shall have 3 years to implement the requirements of this section. ``(3) Extension of time.--The Secretary may grant an extension, no longer than 2 years, to a State that makes a good faith effort to satisfy the requirements of this section. ``(c) Definition.--The term `child care staff member' means an individual that provides child care services for compensation and on a regular basis (other than an individual who is related to the child or children for whom services are provided), regardless of whether the services are provided for a child care provider or a family child care provider. ``(d) Authorization of Appropriations To Conduct Criminal Background Checks.--There are authorized to be appropriated such sums as necessary to offset the administrative costs to conduct State and national criminal background checks under this section.''.

Summary: Childcare Accountability and Responsibility Act of 2009 or the CARE for Kids Act of 2009 - Amends the Child Care and Development Block Grant Act of 1990 to require a national criminal background check for employees of child care providers in any state that receives funds from the Child Care and Development Block Grant Program. Requires that such background check include: (1) a search of the national Sex Offender Registry, the National Crime Information Center, state criminal registries, and state-based abuse and neglect registries and databases; and (2) a Federal Bureau of Investigation (FBI) fingerprint check.


SECTION 1. DEVELOPMENT AND USE OF PATIENT EXPERIENCE DATA TO ENHANCE STRUCTURED RISK-BENEFIT ASSESSMENT FRAMEWORK. (a) In General.--Section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) is amended-- (1) in subsection (d), by striking ``The Secretary shall implement'' and all that follows through ``premarket approval of a drug.''; and (2) by adding at the end the following new subsections: ``(x) Structured Risk-Benefit Assessment Framework.-- ``(1) In general.--The Secretary shall implement a structured risk-benefit assessment framework in the new drug approval process-- ``(A) to facilitate the balanced consideration of benefits and risks; and ``(B) to develop and implement a consistent and systematic approach to the discussion of, regulatory decisionmaking with respect to, and the communication of, the benefits and risks of new drugs. ``(2) Rule of construction.--Nothing in paragraph (1) shall alter the criteria for evaluating an application for premarket approval of a drug. ``(y) Development and Use of Patient Experience Data To Enhance Structured Risk-Benefit Assessment Framework.-- ``(1) In general.--Not later than two years after the date of the enactment of this subsection, the Secretary shall establish and implement processes under which-- ``(A) an entity seeking to develop patient experience data may submit to the Secretary-- ``(i) initial research concepts for feedback from the Secretary; and ``(ii) with respect to patient experience data collected by the entity, draft guidance documents, completed data, and summaries and analyses of such data; ``(B) the Secretary may request such an entity to submit such documents, data, and summaries and analyses; and ``(C) patient experience data may be developed and used to enhance the structured risk-benefit assessment framework under subsection (x). ``(2) Patient experience data.--In this subsection, the term `patient experience data' means data collected by patients, parents, caregivers, patient advocacy organizations, disease research foundations, medical researchers, research sponsors or other parties determined appropriate by the Secretary that is intended to facilitate or enhance the Secretary's risk-benefit assessments, including information about the impact of a disease or a therapy on patients' lives.''. (b) Guidance.-- (1) In general.--The Secretary of Health and Human Services shall publish guidance on the implementation of subsection (y) of section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355), as added by subsection (a). Such guidance shall include-- (A) with respect to draft guidance documents, data, or summaries and analyses submitted to the Secretary under paragraph (1)(A) of such subsection, guidance-- (i) specifying the timelines for the review of such documents, data, or summaries and analyses by the Secretary; and (ii) on how the Secretary will use such documents, data, or summaries and analyses to update any guidance documents published under this subsection or publish new guidance; (B) with respect to the collection and analysis of patient experience data (as defined in paragraph (2) of such subsection (y)), guidance on-- (i) methodological considerations for the collection of patient experience data, which may include structured approaches to gathering information on-- (I) the experience of a patient living with a particular disease; (II) the burden of living with or managing the disease; (III) the impact of the disease on daily life and long-term functioning; and (IV) the effect of current therapeutic options on different aspects of the disease; and (ii) the establishment and maintenance of registries designed to increase understanding of the natural history of a disease; (C) methodological approaches that may be used to assess patients' beliefs with respect to the benefits and risks in the management of the patient's disease; and (D) methodologies, standards, and potential experimental designs for patient-reported outcomes. (2) Timing.--Not later than three years after the date of the enactment of this Act, the Secretary of Health and Human Services shall issue draft guidance on the implementation of subsection (y) of section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355), as added by subsection (a). The Secretary shall issue final guidance on the implementation of such subsection not later than one year after the date on which the comment period for the draft guidance closes. (3) Workshops.-- (A) In general.--Not later than 6 months after the date of the enactment of this Act and once every 6 months during the following 12-month period, the Secretary of Health and Human Services shall convene a workshop to obtain input regarding methodologies for developing the guidance under paragraph (1), including the collection of patient experience data. (B) Attendees.--A workshop convened under this paragraph shall include-- (i) patients; (ii) representatives from patient advocacy organizations, biopharmaceutical companies, and disease research foundations; (iii) representatives of the reviewing divisions of the Food and Drug Administration; and (iv) methodological experts with significant expertise in patient experience data. (4) Public meeting.--Not later than 90 days after the date on which the draft guidance is published under this subsection, the Secretary of Health and Human Services shall convene a public meeting to solicit input on the guidance.

Summary: This bill amends the Federal Food, Drug, and Cosmetic Act to require the Food and Drug Administration (FDA) to establish processes under which: (1) an entity seeking to develop patient experience data may submit initial research concepts for feedback; (2) the FDA may request or receive from such an entity draft guidance documents, data, and summaries and analyses of data; and (3) patient experience data may be considered in the risk-benefit assessment of a new drug. “Patient experience data” is data collected by patients or others that is intended to facilitate the FDA's risk-benefit assessments, including information about the impact of a disease or a therapy on patients' lives. The FDA must convene workshops and publish guidance on the patient experience data processes described above.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Employment and Education Enhancement Act of 2001''. SEC. 2. FINDINGS. (1) The authorizations of most programs providing Federal aid to elementary and secondary education, and support for educational research, statistics, and assessment activities, including programs under the Elementary and Secondary Education Act of 1965 (ESEA), the Goals 2000: Educate America Act (Goals 2000), the Educational Research, Development, Dissemination, and Improvement Act of 1994 (ERDDIA), and the National Education Statistics Act of 1994 (NESA), expired during the 106th Congress. (2) The reauthorization of the Elementary and Secondary Education Act of 1965 is likely to occur during the 107th Congress. (3) The programs authorized under the Elementary and Secondary Education Act of 1965, the Goals 2000: Educate America Act, the Educational Research, Development, Dissemination, and Improvement Act of 1994, and the National Education Statistics Act of 1994, constitute the majority of Federal grants for elementary and secondary education. (4) The business community, and small businesses in particular, have an important stake in the education of our Nation's youth. (5) One of the most fundamental needs that any growing business will ever face is the need for employees with basic skills. (6) Concerns have been expressed by the small business community that students are not graduating with adequate basic skills in reading, writing, mathematics, and science that allow the students to succeed in today's workplace or become the entrepreneurs of tomorrow. (7) A 1999 American Management Association survey on workplace testing found that-- (A) approximately 36 percent of employees tested for basic skills (reading, writing and mathematics) were found to be deficient; (B) small businesses had deficiency rates well above the national average; and (C) 60 percent of American Management Association member companies reported that the availability of skilled manpower was scarce, and 67 percent believe that the shortages will continue. (8) A 1999 National Federation of Independent Business report found that 18 percent of the members reported finding qualified labor is the most important problem facing their business. (9) A 1999 poll of the United States Chambers of Commerce found that 83 percent of the members reported the ability (or lack thereof) to get qualified workers is among the members' biggest concerns, and 53 percent of the members said education is the single most pressing public policy issue for the members. (10) The growth of high-skilled jobs is outpacing growth in all other fields. (11) Small business is the driving force behind our Nation's economy. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) locally-driven initiatives to improve education are crucial; (2) the views of small business should be taken into account in the debate over education; (3) in order to create jobs, our Nation must encourage small business expansion and foster small business entrepreneurship and job creation, and education initiatives are key to this effort; (4) the Department of Education should facilitate the sharing of ideas and best practices at the State and local level, particularly with respect to partnerships between small businesses and school systems; and (5) when and where Department of Education approval of a program or proposal is required, the Department of Education should expedite approval of such programs or proposals. SEC. 4. INFORMATION DISSEMINATION AND SHARING. The Secretary of Education shall disseminate information and facilitate the sharing of information designed to assist small businesses in working with school systems to improve the education system through publication of guidance materials, best practices, checklists, and other formats on the World Wide Web, in Department of Education publications and articles, in letters, through links to other related World Wide Web sites, through public service announcements, and through other means at the Department's disposal. SEC. 5. DEPARTMENT OF EDUCATION CLEARINGHOUSE FOR INFORMATION. The Secretary of Education shall establish a centralized database of materials to act as a clearinghouse for information on successful initiatives and best practices regarding the involvement of small businesses in education. The clearinghouse shall receive, collect, process, assemble, and disseminate reliable information, including innovative, successful activities with a proven track record at the State and local level. SEC. 6. OFFICE OF SMALL BUSINESS EDUCATION. Title II of the Department of Education Organization Act (20 U.S.C. 3411 et seq.) is amended by adding at the end the following: ``SEC. 220. OFFICE OF SMALL BUSINESS EDUCATION. ``(a) There shall be in the Department an Office of Small Business Education (hereafter in this section referred to as the `Office'), to be administered by the Director of Small Business Education. The Director of Small Business Education shall report directly to the Secretary and shall perform such additional functions as the Secretary may prescribe. ``(b) The Director of Small Business Education, through the Office, shall-- ``(1) review the needs of small businesses and the contributions the small business community may make with respect to efforts to improve education; ``(2) promote efforts to address the needs of small businesses though education programs; ``(3) work to remove impediments to partnerships between school systems and small businesses; and ``(4) propose solutions to education-related problems facing small businesses.''. SEC. 7. TECHNICAL ASSISTANCE. (a) In General.--The Director of the Office of Small Business Education shall provide technical assistance to small businesses, small business organizations, school systems, and communities working cooperatively to improve education outcomes. (b) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2001 and each of the 4 succeeding fiscal years. SEC. 8. TAX CREDIT FOR QUALIFIED EDUCATION OPPORTUNITY EXPENSES. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business-related credits) is amended by adding at the end the following new section: ``SEC. 45E. SMALL BUSINESS EDUCATION OPPORTUNITY CREDIT. ``(a) General Rule.--For purposes of section 38, in the case of a small business, the small business education opportunity credit determined under this section for the taxable year is an amount equal to 15 percent of qualified education opportunity credit expenses paid or incurred by the taxpayer during the taxable year. ``(b) Qualified Education Opportunity Expenses.--For purposes of this section-- ``(1) In general.--The term `qualified education opportunity expenses' means an amount paid or incurred in connection with an eligible work study program, including-- ``(A) administrative expenses of the taxpayer, and ``(B) remuneration paid to participants in such program for services performed by such participant. ``(2) Eligible work study program.--The term `eligible work study program' means a written program-- ``(A) approved by the appropriate State educational agency, and ``(B) involving a partnership with a secondary school to provide work study and internship opportunities for eligible individuals. ``(3) Eligible individual.--The term `eligible individual' means an individual who is-- ``(A) a full-time student in a secondary school, or ``(B) a full-time teacher in a secondary school. ``(4) Exceptions.--Such term does not include-- ``(A) expenses for which any other Federal or State credit or payment is made, or ``(B) expenses paid or incurred for a professional conference or for an orientation program. ``(c) Definitions; Special Rules.-- ``(1) Secondary school.--For purposes of this section, the term `secondary school' has the meaning given such term by section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801), as in effect on the date of enactment of this section. ``(2) Special rules.--Rules similar to the rules of subsections (c), (d), and (e) of section 52 shall apply for purposes of this section. ``(3) Aggregation rules.--All persons treated as a single employer under subsection (a) or (b) of section 52 or subsection (m) or (o) of section 414 shall be treated as one person for purposes of subsection (a). ``(d) Denial of Double Benefit.--No deduction or credit shall be allowed under this chapter (other than a credit under this section) for any amount taken into account in determining the credit under this section.''. (b) Limitation on Carryback.--Section 39(d) of the Internal Revenue Code of 1986 (relating to transition rules) is amended by adding at the end the following new paragraph: ``(10) No carryback of small business education opportunity credit before effective date.--No portion of the unused business credit for any taxable year which is attributable to the small business education opportunity credit determined under section 45E may be carried to a taxable year ending before the date of the enactment of section 45E.''. (c) Conforming Amendment.--Section 38(b) of the Internal Revenue Code of 1986 (relating to general business credit) is amended by striking ``plus'' at the end of paragraph (12), by striking the period at the end of paragraph (13) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(14) the small business education opportunity credit determined under section 45E(a).''. (d) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 45D the following new item: ``Sec. 45E. Small business education opportunity credit.''. (e) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2000. SEC. 9. STUDY AND REPORT. (a) In General.--Not later than 6 months after the date of the enactment of this Act, the Secretary of Education shall conduct a study and submit to Congress a report regarding the challenges facing small businesses in obtaining workers with adequate skills. (b) Contents.--The report shall include the following: (1) Information on the shortage, if any, of workers with adequate skills in the small business sector. (2) An assessment of the impact on small business of the shortage, if any. (3) The costs to small businesses associated with the shortage, if any. (4) The recommendations of the Secretary, if any, on how to address the challenges facing small businesses due to the shortage, if any, of workers with adequate skills.

Summary: Small Business Employment and Education Enhancement Act of 2001 - Expresses the sense of Congress regarding: (1) locally-driven initiatives to improve education; (2) consideration of the views of small business concerning education; (3) education initiatives as key to fostering small business expansion, entrepreneurship, and job creation; (4) Department of Education facilitation of the sharing of ideas and best practices at State and local levels, particularly with respect to partnerships between small businesses and school systems; and (5) the expediting of the Department's approval of programs or proposals.Directs the Secretary of Education to: (1) disseminate information and facilitate the sharing of information designed to assist small businesses in working with school systems to improve the education system through specified means, including the Internet World Wide Web; (2) establish a centralized database of materials to act as a clearinghouse for information on successful initiatives and best practices regarding the involvement of small businesses in education; and (3) study and report to Congress on the challenges facing small businesses in obtaining workers with adequate skills.Amends the Department of Education Organization Act to establish an Office of Small Business Education, administered by a Director, to: (1) review the needs of small businesses and the contributions the small business community may make with respect to efforts to improve education; (2) promote efforts to address the needs of small businesses though education programs; (3) work to remove impediments to partnerships between school systems and small businesses; and (4) propose solutions to education-related problems facing small businesses.Requires the Director to provide technical assistance to small businesses, small business organizations, school systems, and communities working cooperatively to improve education outcomes.Amends the Internal Revenue Code to establish a small business education opportunity tax credit for qualified education opportunity expenses.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicaid Fraud Recovery Act of 2008''. SEC. 2. PROMOTING MEDICAID FRAUD INVESTIGATIONS AND PROSECUTIONS BY LOCAL GOVERNMENTS. (a) In General.--Section 1903 of the Social Security Act (42 U.S.C. 1396b) is amended by adding at the end the following new subsection: ``(aa) Use and Funding of Local Fraud Units.-- ``(1) In general.--Nothing in this title shall be construed as preventing a county or other local government from establishing a local fraud investigative unit to investigate and prosecute provider and recipient fraud under this title within the jurisdiction of such local government. ``(2) State recognition and funding of local units.--In the case of the establishment by a local government of a local fraud investigative unit in a State under paragraph (1), the State shall provide in its State plan under this title the following: ``(A) Recognition of unit.--The plan shall recognize such a unit and permit its operations in accordance with this subsection and may not establish internal procedures that prevent such a unit from being recognized or functioning. ``(B) Data sharing required.--The Department of Health of the State and any administrative unit responsible for claims administration under this title in the State shall make available to such unit all data relating to this title in the area of such unit. ``(C) Pass-through payment of ffp.--The State shall provide for payment, on a pass-through basis, to the local government of the Federal financial participation received by the State under section 1903(a) which is attributable to expenses of such unit. ``(D) Repayment of local share in case of recoupment.--In the case of a State in which local governments are responsible for paying a portion of medical assistance expenses, if there is a recoupment of funds under the State plan and-- ``(i) the recoupment was a result of activities of such a unit of local government, the State shall provide for payment to the local government of its original share of the expenses for which the recoupment is made; or ``(ii) the recoupment was not the result of activities of such a local government unit, the State shall provide for the payment described in clause (i) to the local government unless otherwise provided under an agreement between the State and local government involved. ``(E) Payment of bounty in case of local prosecution.--If funds under the plan are recouped and an investigation by such local unit led the recoupment of funds, the State shall, from its share of such recouped funds, provide for payment to the local government of a bounty equal to 10 percent of such recouped share. ``(3) Explanation for failures to prosecute.--If a State refuses to prosecute a case which has been referred to it by a local fraud investigative unit described in paragraph (1), the State must provide to the unit a statement that-- ``(A) explains the reasons for such refusal; and ``(B) identifies which entity is more appropriate to handle the prosecution or resolution of the case and the reasons for selecting such entity. ``(4) Requirement for semi-annual reports.--As a condition for the provision of payments to a State (or to a locality under paragraph (2)(C)) under subsection (a)(6), the State or locality shall submit semiannual reports to the Secretary. Such reports shall contain such information on investigations and prosecutions of fraud under this title as the Secretary may specify. ``(5) Method for determination of referrals.--For purposes of this subsection, the State shall establish a method for determining whether a recoupment of funds was a result of activities of a unit of local government and for identifying cases in which a local fraud investigative unit has referred a case for prosecution.''. SEC. 3. ENHANCED MEDICAID FUNDING FOR ANTI-FRAUD ACTIVITIES. (a) In General.--Section 1903(a)(6)(B) of the Social Security Act (42 U.S.C. 1396b(a)(6)(B)) is amended by inserting before the semicolon at the end the following: ``plus, not subject to the limitations of subsection (b)(3), 66\2/3\ percent of such additional sums expended in the quarter for fraud investigative activities, whether conducted by such unit or by local fraud investigative units described in subsection (aa)(1)''. (b) Effective Date.--The amendment made by paragraph (1) shall apply to expenditures occurring on or after October 1, 2008.

Summary: Medicaid Fraud Recovery Act of 2008 - Amends title XIX (Medicaid) of the Social Security Act to provide for: (1) use of local Medicaid fraud investigative units; and (2) enhanced Medicaid funding for anti-fraud activities by such local or state Medicaid fraud control units.


SECTION 1. LAND TRANSFER AND WITHDRAWAL, MELROSE AIR FORCE RANGE, NEW MEXICO, AND YAKIMA TRAINING CENTER, WASHINGTON. (a) Melrose Air Force Range, New Mexico.-- (1) Transfer.--Administrative jurisdiction over the surface estate of the following lands is hereby transferred from the Secretary of the Interior to the Secretary of the Air Force: new mexico principal meridian T. 1 N., R. 30 E. Sec. 2: S\1/2\. Sec. 11: All. Sec. 20: S\1/2\SE\1/4\. Sec. 28: All. T. 1 S., R. 30 E. Sec. 2: Lots 1-12, S\1/2\. Sec. 3: Lots 1-12, S\1/2\. Sec. 4: Lots 1-12, S\1/2\. Sec. 6: Lots 1 and 2. Sec. 9: N\1/2\, N\1/2\S\1/2\. Sec. 10: N\1/2\, N\1/2\S\1/2\. Sec. 11: N\1/2\, N\1/2\S\1/2\. T. 2 N., R. 30 E. Sec. 20: E\1/2\SE\1/4\. Sec. 21: SW\1/4\, W\1/2\SE\1/4\. Sec. 28: W\1/2\E\1/2\, W\1/2\. Sec. 29: E\1/2\E\1/2\. Sec. 32: E\1/2\E\1/2\. Sec. 33: W\1/2\E\1/2\, NW\1/4\, S\1/2\SW\1/ 4\. Aggregating 6,713.90 acres, more or less. (2) Status of surface estate.--Upon transfer of the surface estate of the lands described in paragraph (1), the surface estate shall be treated as real property subject to the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471 et seq.). (3) Withdrawal of mineral estate.--Subject to valid existing rights, the mineral estate of the lands described in paragraph (1) is withdrawn from all forms of appropriation under the public land laws, including the mining laws and the mineral and geothermal leasing laws, but not the Act of July 31, 1947 (commonly known as the Materials Act of 1947; 30 U.S.C. 601 et seq.). (4) Use of mineral materials.--Notwithstanding any other provision of this subsection or the Act of July 31, 1947, the Secretary of the Air Force may use, without application to the Secretary of the Interior, the sand, gravel, or similar mineral material resources on the lands described in paragraph (1), of the type subject to disposition under the Act of July 31, 1947, when the use of such resources is required for construction needs on Melrose Air Force Range, New Mexico. (b) Yakima Training Center, Washington.-- (1) Transfer.--Administrative jurisdiction over the surface estate of the following lands is hereby transferred from the Secretary of the Interior to the Secretary of the Army: willamette meridian T. 17 N., R. 20 E. Sec. 22: S\1/2\. Sec. 24: S\1/2\SW\1/4\ and that portion of the E\1/2\ lying south of the Interstate Highway 90 right-of-way. Sec. 26: All. T. 16 N., R. 21 E. Sec. 4: SW\1/4\SW\1/4\. Sec. 12: SE\1/4\. Sec. 18: Lots 1, 2, 3, and 4, E\1/2\ and E\1/2\W\1/2\. T. 17 N., R. 21 E. Sec. 30: Lots 3 and 4. Sec. 32: NE\1/4\SE\1/4\. T. 16 N., R. 22 E. Sec. 2: Lots 1, 2, 3, and 4, S\1/2\N\1/2\ and S\1/2\. Sec. 4: Lots 1, 2, 3, and 4, S\1/2\N\1/2\ and S\1/2\. Sec. 10: All. Sec. 14: All. Sec. 20: SE\1/4\SW\1/4\. Sec. 22: All. Sec. 26: N\1/2\. Sec. 28: N\1/2\. T. 16 N., R. 23 E. Sec. 18: Lots 3 and 4, E\1/2\SW\1/4\, W\1/ 2\SE\1/4\, and that portion of the E\1/2\SE\1/ 4\ lying westerly of the westerly right-of-way line of Huntzinger Road. Sec. 20: That portion of the SW\1/4\ lying westerly of the easterly right-of-way line of the railroad. Sec. 30: Lots 1 and 2, NE\1/4\ and E\1/ 2\NW\1/4\. Aggregating 6,640.02 acres. (2) Status of surface estate.--Upon transfer of the surface estate of the lands described in paragraph (1), the surface estate shall be treated as real property subject to the Federal Property and Administrative Services Act of 1949 (40 U.S.C 471 et seq.). (3) Withdrawal of mineral estate.--Subject to valid existing rights, the mineral estate of the lands described in paragraph (1) and of the following lands are withdrawn from all forms of appropriation under the public land laws, including the mining laws and the geothermal leasing laws, but not the Act of July 31, 1947 (commonly known as the Materials Act of 1947; 30 U.S.C. 601 et seq.) and the Mineral Leasing Act (30 U.S.C. 181 et seq.): willamette meridian T. 16 N., R. 20 E. Sec. 12: All. Sec. 18: Lot 4 and SE\1/4\. Sec. 20: S\1/2\. T. 16 N., R. 21 E. Sec. 4: Lots 1, 2, 3, and 4, S\1/2\NE\1/2\. Sec. 8: All. T. 16 N., R. 22 E. Sec. 12: All. T. 17 N., R. 21 E. Sec. 32: S\1/2\SE\1/4\. Sec. 34: W\1/2\. Aggregating 3,090.80 acres. (4) Use of mineral materials.--Notwithstanding any other provision of this subsection or the Act of July 31, 1947, the Secretary of the Army may use, without application to the Secretary of the Interior, the sand, gravel, or similar mineral material resources on the lands described in paragraphs (1) and (3), of the type subject to disposition under the Act of July 31, 1947, when the use of such resources is required for construction needs on the Yakima Training Center, Washington. Passed the Senate October 5 (legislative day, September 22), 2000. Attest: Secretary. 106th CONGRESS 2d Session S. 2757 _______________________________________________________________________ AN ACT To provide for the transfer and other disposition of certain lands at Melrose Air Force Range, New Mexico, and Yakima Training Center, Washington.

Summary: Transfers administrative jurisdiction over the surface estate of specified public lands at Yakima Training Center, Washington, from the Secretary to the Secretary of the Army. Sets forth similar withdrawal and use requirements.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Low Volume Motor Vehicle Manufacturers Act of 2015''. SEC. 2. EXEMPTION FROM VEHICLE SAFETY STANDARDS FOR LOW VOLUME MANUFACTURERS. Section 30114 of title 49, United States Code, is amended-- (1) by striking ``The'' and inserting ``(a) Vehicles Used for Particular Purposes.--The''; and (2) by adding at the end the following new subsection: ``(b) Exemption for Low Volume Manufacturers.-- ``(1) In general.--The Secretary shall-- ``(A) exempt from section 30112(a) of this title not more than 500 replica motor vehicles per year that are manufactured or imported by a low volume manufacturer; and ``(B) except as provided in paragraph (5) of this subsection, limit any such exemption to the Federal Motor Vehicle Safety Standards applicable to motor vehicles and not motor vehicle equipment. ``(2) Registration requirement.--To qualify for an exemption under paragraph (1), a low volume manufacturer shall register with the Secretary at such time, in such manner, and under such terms that the Secretary determines appropriate. The Secretary shall establish terms that ensure that no person may register as a low volume manufacturer if the person is registered as an importer under section 30141 of this title. ``(3) Permanent label requirement.-- ``(A) In general.--The Secretary shall require a low volume manufacturer to affix a permanent label to a motor vehicle exempted under paragraph (1) that identifies the specified standards and regulations for which such vehicle is exempt from section 30112(a) and designates the model year such vehicle replicates. ``(B) Written notice.--The Secretary may require a low volume manufacturer of a motor vehicle exempted under paragraph (1) to deliver written notice of the exemption to-- ``(i) the dealer; and ``(ii) the first purchaser of the motor vehicle, if the first purchaser is not an individual that purchases the motor vehicle for resale. ``(C) Reporting requirement.--A low volume manufacturer shall annually submit a report to the Secretary including the number and description of the motor vehicles exempted under paragraph (1) and a list of the exemptions described on the label affixed under subparagraph (A). ``(4) Definitions.--In this subsection: ``(A) Low volume manufacturer.--The term `low volume manufacturer' means a motor vehicle manufacturer, other than a person who is registered as an importer under section 30141 of this title, whose annual worldwide production is not more than 5,000 motor vehicles. ``(B) Replica motor vehicle.--The term `replica motor vehicle' means a motor vehicle produced by a low volume manufacturer and that-- ``(i) is intended to resemble the body of another motor vehicle that was manufactured not less than 25 years before the manufacture of the replica motor vehicle; and ``(ii) is manufactured under a license for the product configuration, trade dress, trademark or patent for the motor vehicle that is intended to be replicated from the original manufacturer, its successors or assignees, or current owner of such rights, unless there is a preponderance of evidence that such rights have been abandoned for at least three years. ``(5) Conforming amendment.--Any motor vehicle exempted under this subsection shall also be exempted from sections 32304, 32502, and 32902 of this title, and from section 1232 of title 15 of the United States Code. ``(6) Limitation and public notice.--The Secretary shall have 60 days to review and approve a registration submitted under paragraph (2). Any registration not approved or denied within 60 days shall be deemed approved. The Secretary shall have the authority to revoke an existing registration based on a failure to comply with requirements set forth in this subsection. The registrant shall be provided a reasonable opportunity to correct all deficiencies, if such are correctable based on the sole discretion of the Secretary. An exemption granted by the Secretary to a low volume manufacturer under this subsection may not be transferred to any other person, and any unused allotment of vehicles authorized to be manufactured or imported on an annual basis by a low volume manufacturer shall not carry forward to another calendar year. The Secretary shall maintain and update the list of current registrants on an annual basis and publish such list in the Federal Register or on a Web page operated by the Secretary. ``(7) Limitation of liability for original manufacturers, licensors, or owners of product configuration, trade dress or design patents.--The original manufacturer, its successor or assignee, or current owner who grants a license or otherwise transfers rights to a low volume manufacturer as defined in this section shall incur no liability to any person or entity under Federal or State statute, regulation, local ordinance, or under any Federal or State common law for such license or assignment to a low volume manufacturer.''. SEC. 3. VEHICLE EMISSION COMPLIANCE STANDARDS FOR LOW VOLUME MOTOR VEHICLE MANUFACTURERS. Part A of title II of the Clean Air Act (42 U.S.C. 7521 et seq.) is amended-- (1) in section 206(a) by adding at the end the following new paragraph: ``(5)(A) A motor vehicle engine (including all engine emission controls) from a motor vehicle that has been granted a certificate of conformity by the Administrator for the model year in which the motor vehicle is assembled, or an engine that has been granted an Executive order for the model year in which the motor vehicle is assembled subject to regulations promulgated by the California Air Resources Board, may be installed in an exempted specially produced motor vehicle, if-- ``(i) the manufacturer of the engine supplies written instructions explaining how to install the engine and maintain functionality of the engine's emission control system and the on-board diagnostic system (commonly known as `OBD II'), except with respect to evaporative emissions diagnostics; ``(ii) the producer of the exempted specially produced motor vehicle installs the engine in accordance with such instructions; and ``(iii) the installation instructions include emission control warranty information from the engine manufacturer in compliance with section 207, including where warranty repairs can be made, emission control labels to be affixed to the vehicle, and the certificate of conformity number for the applicable vehicle in which the engine was originally intended or the applicable Executive order number for the engine. ``(B) A motor vehicle containing an engine compliant with the requirements of subparagraph (A) shall be treated as meeting the requirements of section 202 applicable to new vehicles manufactured or imported in the model year in which the exempted specially produced motor vehicle is assembled. ``(C) Engine installations that are not performed in accordance with installation instructions provided by the manufacturer and alterations to the engine not in accordance with the installation instructions shall be treated as prohibited acts by the installer under section 203 and subject to penalties under section 205. ``(D) The producer of an exempted specially produced motor vehicle that has an engine compliant with the requirements of subparagraph (A) shall provide to the purchaser of such vehicle all information received by the producer from the engine manufacturer, including information regarding emissions warranties from the engine manufacturer and all emissions- related recalls by the engine manufacturer. ``(E) To qualify to install an engine under this paragraph, a producer of exempted specially produced motor vehicles shall register with the Administrator at such time and in such manner as the Administrator determines appropriate. The producer shall submit an annual report to the Administrator that includes-- ``(i) a description of the exempted specially produced motor vehicles produced and engines installed in such vehicles; and ``(ii) the certificate of conformity number issued to the motor vehicle in which the engine was originally intended or the applicable Executive order number for the engine. ``(F) Exempted specially produced motor vehicles compliant with this paragraph shall be exempted from-- ``(i) motor vehicle certification testing that might otherwise be required under section 206; and ``(ii) vehicle emission control inspection and maintenance programs required under section 110. ``(G) A producer of exempted specially produced motor vehicles that is compliant with subparagraphs (A) through (E) of this paragraph is not considered a manufacturer for the purposes of this Act.''; and (2) in section 216 by adding at the end the following new paragraph: ``(12) Exempted specially produced motor vehicle.--The term `exempted specially produced motor vehicle' means a replica motor vehicle that is exempt from specified standards as defined in section 30114(b) of title 49, United States Code.''. SEC. 4. IMPLEMENTATION. Not later than 12 months after the date of the enactment of this Act, the Secretary of Transportation and the Administrator of the Environmental Protection Agency shall issue such regulations as may be necessary to implement sections 2 and 3 of this Act, respectively.

Summary: Low Volume Motor Vehicle Manufacturers Act of 2015 This bill directs the Department of Transportation (DOT) to exempt from certain federal motor vehicle safety and labeling standards up to 500 replica motor vehicles per year manufactured or imported by a low volume manufacturer. The term "low volume manufacturer" means a motor vehicle manufacturer (other than a person registered as an importer meeting certain requirements) that annually produces no more than 5,000 motor vehicles worldwide. Manufacturers shall register with DOT to qualify for an exemption. DOT shall require a manufacturer to affix a permanent label to an exempt replica motor vehicle that identifies the motor vehicle safety and labeling standards from which that vehicle is exempt and the model year the vehicle replicates. The Clean Air Act is amended to allow a low volume motor vehicle manufacturer to install in an exempted specifically produced replica motor vehicle a motor vehicle engine (including engine emission controls) from a motor vehicle granted a certificate of conformity with Environmental Protection Agency emission control standards, or another kind of engine granted an executive order for the model year in which the motor vehicle is assembled, if certain requirements are met.