Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Domestic Offshore Energy Security
Act''.

SEC. 2. DEVELOPMENT AND INVENTORY OF CERTAIN OUTER CONTINENTAL SHELF
              RESOURCES.

    (a) Definition of United States Person.--In this section, the term
``United States person'' means--
            (1) any United States citizen or alien lawfully admitted
        for permanent residence in the United States; and
            (2) any person other than an individual, if 1 or more
        individuals described in paragraph (1) own or control at least
        51 percent of the securities or other equity interest in the
        person.
    (b) Authorization of Activities and Exports Involving Hydrocarbon
Resources by United States Persons.--Notwithstanding any other
provision of law (including a regulation), United States persons
(including agents and affiliates of those United States persons) may--
            (1) engage in any transaction necessary for the exploration
        for and extraction of hydrocarbon resources from any portion of
        any foreign exclusive economic zone that is contiguous to the
        exclusive economic zone of the United States; and
            (2) export without license authority all equipment
        necessary for the exploration for or extraction of hydrocarbon
        resources described in paragraph (1).
    (c) Travel in Connection With Authorized Hydrocarbon Exploration
and Extraction Activities.--Section 910 of the Trade Sanctions Reform
and Export Enhancement Act of 2000 (22 U.S.C. 7209) is amended by
inserting after subsection (b) the following:
    ``(c) General License Authority for Travel-Related Expenditures by
Persons Engaging in Hydrocarbon Exploration and Extraction
Activities.--
            ``(1) In general.--The Secretary of the Treasury shall,
        authorize under a general license the travel-related
        transactions listed in section 515.560(c) of title 31, Code of
        Federal Regulations, for travel to, from or within Cuba in
        connection with exploration for and the extraction of
        hydrocarbon resources in any part of a foreign maritime
        Exclusive Economic Zone that is contiguous to the United
        States' Exclusive Economic Zone.
            ``(2) Persons authorized.--Persons authorized to travel to
        Cuba under this section include full-time employees,
        executives, agents, and consultants of oil and gas producers,
        distributors, and shippers.''.
    (d) Moratorium of Oil and Gas Leasing in Certain Areas of the Gulf
of Mexico.--
            (1) In general.--Section 104(a) of the Gulf of Mexico
        Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law
        109-432) is amended--
                    (A) by striking paragraph (1);
                    (B) in paragraph (2), by striking ``125 miles'' and
                inserting ``45 miles'';
                    (C) in paragraph (3), by striking ``100 miles''
                each place it appears and inserting ``45 miles''; and
                    (D) by redesignating paragraphs (2) and (3) as
                paragraphs (1) and (2), respectively.
            (2) Regulations.--
                    (A) In general.--The Secretary of the Interior
                shall promulgate regulations that establish appropriate
                environmental safeguards for the exploration and
                production of oil and natural gas on the outer
                Continental Shelf.
                    (B) Minimum requirements.--At a minimum, the
                regulations shall include--
                            (i) provisions requiring surety bonds of
                        sufficient value to ensure the mitigation of
                        any foreseeable incident;
                            (ii) provisions assigning liability to the
                        leaseholder in the event of an incident causing
                        damage or loss, regardless of the negligence of
                        the leaseholder or lack of negligence;
                            (iii) provisions no less stringent than
                        those contained in the Spill Prevention,
                        Control, and Countermeasure regulations
                        promulgated under the Oil Pollution Act of 1990
                        (33 U.S.C. 2701 et seq.);
                            (iv) provisions ensuring that--
                                    (I) no facility for the exploration
                                or production of resources is visible
                                to the unassisted eye from any shore of
                                any coastal State; and
                                    (II) the impact of offshore
                                production facilities on coastal vistas
                                is otherwise mitigated;
                            (v) provisions to ensure, to the maximum
                        extent practicable, that exploration and
                        production activities will result in no
                        significant adverse effect on fish or wildlife
                        (including habitat), subsistence resources, or
                        the environment; and
                            (vi) provisions that will impose seasonal
                        limitations on activity to protect breeding,
                        spawning, and wildlife migration patterns.
            (3) Conforming amendment.--Section 105 of the Department of
        the Interior, Environment, and Related Agencies Appropriations
        Act, 2006 (Public Law 109-54; 119 Stat. 521) (as amended by
        section 103(d) of the Gulf of Mexico Energy Security Act of
        2006 (43 U.S.C. 1331 note; Public Law 109-432)) is amended by
        inserting ``and any other area that the Secretary of the
        Interior may offer for leasing, preleasing, or any related
        activity under section 104 of that Act'' after ``2006)''.
    (e) Inventory of Outer Continental Shelf Oil and Natural Gas
Resources Off Southeastern Coast of the United States.--
            (1) In general.--The Secretary of the Interior (referred to
        in this subsection as the ``Secretary'') may conduct an
        inventory of oil and natural gas resources beneath the waters
        of the outer Continental Shelf (as defined in section 2 of the
        Outer Continental Shelf Lands Act (43 U.S.C. 1331)) off of the
        coast of the States of Virginia, North Carolina, South
        Carolina, or Georgia in accordance with this subsection.
            (2) Best available technology.--In conducting the
        inventory, the Secretary shall use the best technology
        available to obtain accurate resource estimates.
            (3) Request by governor.--The Secretary may conduct an
        inventory under this subsection off the coast of a State
        described in paragraph (1) only if the Governor of the State
        requests the inventory.
            (4) Reports.--The Secretary shall submit to Congress and
        the requesting Governor a report on any inventory conducted
        under this subsection.
            (5) Authorization of appropriations.--There are authorized
        to be appropriated such sums as are necessary to carry out this
        subsection.
    (f) Enhanced Oil Recovery.--Section 354(c)(4)(B) of the Energy
Policy Act of 2005 (42 U.S.C. 15910(c)(4)(B)) is amended--
            (1) in clause (iii), by striking ``and'' at the end;
            (2) in clause (iv), by striking the period at the end and
        inserting ``; and''; and
            (3) by adding at the end the following:
                            ``(v) are carried out in geologically
                        challenging fields.''.

Output:
Domestic Offshore Energy Security Act - Authorizes United States persons to: (1) engage in any transaction necessary for exploration and extraction of hydrocarbon resources from any portion of any foreign exclusive economic zone contiguous to the Exclusive Economic Zone of the United States; and (2) export without license authority all equipment necessary for such activity.

Amends the Trade Sanctions Reform and Export Enhancement Act of 2000 to direct the Secretary of the Treasury to grant general license authority for travel-related expenditures to, from, or within Cuba by persons engaging in hydrocarbon exploration and extraction in any part of a foreign maritime Exclusive Economic Zone contiguous to the U.S. Exclusive Economic Zone.

Amends the Gulf of Mexico Energy Security Act of 2006 to: (1) repeal the oil and gas leasing moratorium governing any area east of the Military Mission Line; and (2) decrease from within 125 to within 45 miles of the Florida coastline the moratorium upon oil and gas leasing in the Eastern and Central Planning Area.

Instructs the Secretary of the Interior to promulgate regulations that establish environmental safeguards for exploration and production of oil and natural gas on the outer Continental Shelf.

Authorizes the Secretary of the Interior to conduct an oil and natural gas inventory beneath the waters of the outer Continental Shelf off the coasts of Virginia, North Carolina, South Carolina, or Georgia, but only upon request of the affected state governor.

Amends the Energy Policy Act of 2005 regarding the program of grants to oil and gas producers to carry out projects to inject carbon dioxide for the purpose of enhancing oil or natural gas recovery while increasing the sequestration of carbon dioxide. Directs the Secretary of Energy to grant priority consideration to applications that, together with meeting other requirements, are carried out in geologically challenging fields.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Military Family Home Protection
Act''.

SEC. 2. MORTGAGE PROTECTION FOR MEMBERS OF THE ARMED FORCES, SURVIVING
              SPOUSES, AND CERTAIN VETERANS.

    (a) Members of the Armed Forces, Surviving Spouses, and Certain
Disabled Veterans.--
            (1) In general.--Title III of the Servicemembers Civil
        Relief Act (50 U.S.C. App. 501 et seq.) is amended by inserting
        after section 303 the following new section:

``SEC. 303A. MORTGAGES AND TRUST DEEDS OF CERTAIN SERVICEMEMBERS,
              SURVIVING SPOUSES, AND DISABLED VETERANS.

    ``(a) Mortgage as Security.--This section applies only to an
obligation on real or personal property owned by a covered individual
that--
            ``(1) originated at any time and for which the covered
        individual is still obligated; and
            ``(2) is secured by a mortgage, trust deed, or other
        security in the nature of a mortgage.
    ``(b) Stay of Proceedings.--
            ``(1) In general.--In accordance with subsection (d)(1), in
        a judicial action pending or in a nonjudicial action commenced
        during a covered time period to enforce an obligation described
        in subsection (a), a court--
                    ``(A) may, after a hearing and on its own motion,
                stay the proceedings until the end of the covered time
                period; and
                    ``(B) shall, upon application by a covered
                individual, stay the proceedings until the end of the
                covered time period.
            ``(2) Obligation to stop proceedings.--Upon receipt of
        notice provided under subsection (d)(1), a mortgagee, trustee,
        or other creditor seeking to foreclose on real property secured
        by an obligation covered by this section using any judicial or
        nonjudicial proceedings shall immediately stop any such
        proceeding until the end of the covered time period.
    ``(c) Sale or Foreclosure.--A sale, judicial or nonjudicial
foreclosure, or seizure of property for a breach of an obligation
described in subsection (a) that is not stayed under subsection (b)
shall not be valid during a covered time period except--
            ``(1) upon a court order granted before such sale, judicial
        or nonjudicial foreclosure, or seizure with a return made and
        approved by the court; or
            ``(2) if made pursuant to an agreement as provided in
        section 107.
    ``(d) Notice Required.--
            ``(1) In general.--To be covered under this section, a
        covered individual shall provide to the mortgagee, trustee, or
        other creditor written notice that such individual is so
        covered.
            ``(2) Manner.--Written notice under paragraph (1) may be
        provided electronically.
            ``(3) Time.--Notice provided under paragraph (1) shall be
        provided during the covered time period.
            ``(4) Contents.--With respect to a servicemember described
        in subsection (g)(1)(A), notice shall include--
                    ``(A) a copy of the servicemember's official
                military orders, or any notification, certification, or
                verification from a servicemember's commanding officer
                that provides evidence of servicemember's eligibility
                for special pay as described in subsection (g)(1)(A);
                or
                    ``(B) an official notice using a form designed
                under paragraph (5).
            ``(5) Official forms.--
                    ``(A) In general.--The Secretary of Defense shall
                design and distribute an official Department of Defense
                form that can be used by an individual to give notice
                under paragraph (1).
                    ``(B) Use of official form not required.--Failure
                by any individual to use a form designed or distributed
                under subparagraph (A) to provide notice shall not make
                such provision of notice invalid.
    ``(e) Aggregate Duration.--The aggregate duration for which a
covered individual (except a servicemember described in subsection
(g)(1)(A)) may be covered under this section is one year.
    ``(f) Misdemeanor.--A person who knowingly makes or causes to be
made a sale, foreclosure, or seizure of property that is prohibited by
subsection (c), or who knowingly attempts to do so, shall be fined as
provided in title 18, United States Code, or imprisoned for not more
than one year, or both.
    ``(g) Definitions.--In this section:
            ``(1) Covered individual.--The term `covered individual'
        means the following individuals:
                    ``(A) A servicemember who is or was eligible for
                hostile fire or imminent danger special pay under
                section 310 of title 37, United States Code, during a
                period of military service.
                    ``(B) A servicemember placed on convalescent
                status, including a servicemember transferred to the
                temporary disability retired list under section 1202 or
                1205 of title 10, United States Code.
                    ``(C) A veteran who was medically discharged and
                retired under chapter 61 of title 10, United States
                Code, except for a veteran described in section 1207 of
                such title.
                    ``(D) A surviving spouse (as defined in section
                101(3) of title 38, United States Code, and in
                accordance with section 103 of such title) of a
                servicemember who died while in military service if
                such spouse is the successor in interest to property
                covered under subsection (a).
            ``(2) Covered time period.--The term `covered time period'
        means the following time periods:
                    ``(A) With respect to a servicemember who is or was
                eligible for hostile fire or imminent danger special
                pay under section 310 of title 37, United States Code,
                during a period of military service, during the period
                beginning on the first day on which the servicemember
                is or was eligible for such special pay during such
                period of military service and ending on the date that
                is one year after the last day of such period of
                military service.
                    ``(B) With respect to a servicemember described in
                paragraph (1)(B), during the one-year period beginning
                on the date on which the servicemember is placed on
                convalescent status or transferred to the temporary
                disability retired list under section 1202 or 1205 of
                title 10, United States Code.
                    ``(C) With respect to a veteran described in
                paragraph (1)(C), during the one-year period beginning
                on the date of the retirement of such veteran.
                    ``(D) With respect to a surviving spouse of a
                servicemember as described in paragraph (1)(D), during
                the one-year period beginning on the date on which the
                spouse receives notice of the death of the
                servicemember.''.
            (2) Clerical amendment.--The table of contents in section
        1(b) of such Act is amended by inserting after the item
        relating to section 303 the following new item:

``Sec. 303A. Mortgages and trust deeds of certain servicemembers,
                            surviving spouses, and disabled
                            veterans.''.
            (3) Conforming amendment.--Section 107 of the
        Servicemembers Civil Relief Act (50 U.S.C. App. 517) is amended
        by adding at the end the following:
    ``(e) Other Individuals.--For purposes of this section, the term
`servicemember' includes any covered individual under section 303A.''.
    (b) Increased Civil Penalties for Mortgage Violations.--Paragraph
(3) of section 801(b) of the Servicemembers Civil Relief Act (50 U.S.C.
App. 597(b)(3)) is amended to read as follows:
            ``(3) to vindicate the public interest, assess a civil
        penalty--
                    ``(A) with respect to a violation of section 207,
                303, or 303A regarding real property--
                            ``(i) in an amount not exceeding $110,000
                        for a first violation; and
                            ``(ii) in an amount not exceeding $220,000
                        for any subsequent violation; and
                    ``(B) with respect to any other violation of this
                Act--
                            ``(i) in an amount not exceeding $55,000
                        for a first violation; and
                            ``(ii) in an amount not exceeding $110,000
                        for any subsequent violation.''.
    (c) Credit Discrimination.--Section 108 of such Act (50 U.S.C. App.
518) is amended--
            (1) by striking ``Application by'' and inserting ``(a)
        Application or Receipt.--Application by''; and
            (2) by adding at the end the following new subsection:
    ``(b) Eligibility.--In addition to the protections under subsection
(a), an individual who is entitled to any right or protection provided
under this Act may not be denied or refused credit or be subject to any
other action described under paragraphs (1) through (6) of subsection
(a) solely by reason of such entitlement.''.
    (d) Effective Date.--Section 303A of the Servicemembers Civil
Relief Act, as added by subsection (a), and the amendments made by this
section, shall take effect on the date that is 90 days after the date
of the enactment of this Act.

SEC. 3. TREATMENT OF RELOCATION FOR ACTIVE DUTY FOR PURPOSES OF
              MORTGAGE REFINANCING.

    (a) In General.--Title III of the Servicemembers Civil Relief Act
(50 U.S.C. App. 531 et seq.) is amended by inserting after section
303A, as added by section 1(a)(1), the following new section:

``SEC. 303B. TREATMENT OF RELOCATION FOR ACTIVE DUTY FOR PURPOSES OF
              MORTGAGE REFINANCING.

    ``(a) Treatment of Absence From Residence Due to Active Duty.--
            ``(1) In general.--Subject to paragraph (2), if, at any
        time that a servicemember who is the mortgagor under an
        existing mortgage does not reside in the residence that secures
        the existing mortgage because of relocation described in
        subsection (c)(1)(B), such servicemember inquires about or
        applies for a covered refinancing mortgage, such servicemember
        shall be, for all purposes relating to the covered refinancing
        mortgage, including such inquiry or application and eligibility
        for and compliance with any underwriting criteria and standards
        regarding such covered refinancing mortgage, considered to
        occupy the residence that secures the existing mortgage to be
        paid or prepaid by such covered refinancing mortgage as the
        principal residence of the servicemember during the period of
        any such relocation.
            ``(2) Limitation.--Paragraph (1) shall not apply with
        respect to a servicemember at any time if, during the five-year
        period preceding such time, the servicemember entered into a
        covered refinancing mortgage pursuant to this section.
    ``(b) Mortgages Originated Before Period Military Service.--If a
covered refinancing mortgage is entered into pursuant to this section
with respect to an existing mortgage that originated before the period
of the servicemember's military service, such covered refinancing
mortgage shall be deemed to be an obligation that originated before the
period of the servicemember's military service and for which the
servicemember is still obligated for purposes of section 303(a)(1).
    ``(c) Definitions.--In this section:
            ``(1) Existing mortgage.--The term `existing mortgage'
        means a mortgage that is secured by a 1- to 4-family residence,
        including a condominium or a share in a cooperative ownership
        housing association, that was the principal residence of a
        servicemember for a period that--
                    ``(A) had a duration of 13 consecutive months or
                longer; and
                    ``(B) ended upon the relocation of the
                servicemember caused by the servicemember receiving
                military orders for a permanent change of station or to
                deploy with a military unit, or as an individual in
                support of a military operation, for a period of not
                less than 90 days that did not allow the servicemember
                to continue to occupy such residence as a principal
                residence.
            ``(2) Covered refinancing mortgage.--The term `covered
        refinancing mortgage' means any mortgage--
                    ``(A) that is made for the purpose of paying or
                prepaying, and extinguishing, the outstanding
                obligations under an existing mortgage or mortgages;
                and
                    ``(B) that is secured by the same residence that
                secured such existing mortgage or mortgages.''.
    (b) Clerical Amendment.--The table of contents for such Act is
amended by inserting after the item relating to section 303A the
following new item:

``Sec. 303B. Treatment of relocation for active duty for purposes of
                            mortgage refinancing.''.

SEC. 4. REQUIREMENTS FOR LENDING INSTITUTIONS THAT ARE CREDITORS FOR
              OBLIGATIONS AND LIABILITIES COVERED BY THE SERVICEMEMBERS
              CIVIL RELIEF ACT.

    Section 207 of the Servicemembers Civil Relief Act (50 U.S.C. App.
527) is amended--
            (1) by redesignating subsections (d) and (e) as subsections
        (e) and (f), respectively; and
            (2) by inserting after subsection (c) the following new
        subsection (d):
    ``(d) Lending Institution Requirements.--
            ``(1) Compliance officers.--Each lending institution
        subject to the requirements of this section shall designate an
        employee of the institution as a compliance officer who is
        responsible for ensuring the institution's compliance with this
        section and for distributing information to servicemembers
        whose obligations and liabilities are covered by this section.
            ``(2) Toll-free telephone number.--During any fiscal year,
        a lending institution subject to the requirements of this
        section that had annual assets for the preceding fiscal year of
        $10,000,000,000 or more shall maintain a toll-free telephone
        number and shall make such telephone number available on the
        primary Internet website of the institution.''.

Output: Military Family Home Protection Act - Amends the Servicemembers Civil Relief Act (the Act) to allow a court, in an action to enforce an obligation on real or personal property secured by a mortgage against a servicemember who is, or was, eligible for hostile fire or imminent danger pay during a period of military service, a servicemember placed on convalescent status, a veteran who was medically discharged and retired, or the surviving spouse of a member who died during military service, to stay such proceedings, upon request of a covered individual, for a specified period (generally, one year after the event occurred for which the individual became covered). Prohibits the sale, foreclosure, or seizure of the subject property during such period, except upon a court order or pursuant to an agreement authorized under the Act. Requires the individual so covered to notify the mortgagee, trustee, or other creditor of such coverage. Provides a criminal penalty for violations of the sale or foreclosure prohibitions, and increases current civil penalties for mortgage violations under the Act. Prohibits an individual from being denied or refused credit solely by reason of eligibility for relief under this Act. Requires a servicemember-mortgagor who does not reside in the mortgage-secured residence due to military relocation and who inquires about, or applies for, a refinancing to be considered to occupy such residence during the period of the relocation. Requires each lending institution acting as a creditor to such servicemember, veteran, or surviving spouse to designate an employee responsible for ensuring the institution's compliance with the requirements of this Act. Requires any such institution that had prior annual assets of $10 billion or more to maintain on its primary website a toll-free number for information concerning such requirements.


Input:
SECTION 1. FAIRNESS AND ACCURACY IN HIGH STAKES EDUCATIONAL DECISIONS
              FOR STUDENTS.

    (a) Findings.--Congress makes the following findings:
            (1) The use of large-scale achievement tests in education
        has grown significantly in recent years. States and local
        school districts have increasingly used these tests in such
        contexts as raising student academic standards to make high-
        stakes decisions with important consequences for individual
        students, such as tracking (assigning students to schools,
        programs, or classes based on achievement level), promotion of
        students to the next grade, and graduation of students from
        secondary school.
            (2) The serious and often adverse consequences resulting
        from the sole reliance on large-scale tests have increasingly
        resulted in questions and significant concerns by students,
        parents, teachers, and school administrators about how to
        ensure that such tests are used appropriately and in a manner
        that is fair.
            (3) In 1997, Congress directed the National Academy of
        Sciences to ``conduct a study and make written recommendations
        on appropriate methods, practices, and safeguards to ensure
        that, among other things,...existing and new tests that are
        used to assess student performance are not used in a
        discriminatory manner or inappropriately for student promotion,
        tracking, or graduation.''.
            (4) In 1999, the National Academy of Sciences, through its
        National Research Council, completed its study and issued a
        report entitled ``High Stakes: Testing for Tracking, Promotion
        and Graduation''. Guided by principles of measurement validity,
        attribution of cause, and effectiveness of treatment, the
        National Research Council made key findings for appropriate
        test use in educational settings, including the following:
                    (A) When tests are used in ways that meet relevant
                psychometric, legal, and educational standards,
                students' scores provide important information, that
                combined with information from other sources, can lead
                to decisions that promote student learning and equality
                of opportunity.
                    (B) Tests are not perfect. Test questions are a
                sample of possible questions that could be asked in a
                given area. Moreover, a test score is not an exact
                measure of a student's knowledge or skills.
                    (C) To the extent that all students are expected to
                meet world-class standards, there is a need to provide
                world-class curricula and instruction to all students.
                However, in most of the Nation, much needs to be done
                before a world-class curriculum and world-class
                instruction will be in place. At present, curriculum
                does not usually place sufficient emphasis on student
                understanding and application of concepts, as opposed
                to memorization and skill mastery. In addition,
                instruction in core subjects typically has been and
                remains highly stratified. What teachers teach and what
                students learn vary widely by track, with those in
                lower tracks receiving far less than a world-class
                curriculum.
                    (D) It is a mistake to begin educational reform by
                introducing tests with high stakes for individual
                students. If tests are to be used for high stakes
                decisions about individual mastery, such use should
                follow implementation of changes in teaching and
                curriculum that ensure that students have been taught
                the knowledge and skills on which the students will be
                tested.
                    (E) Problems of test validity are greatest among
                young children, and there is a greater risk of error
                when such tests are employed to make high stakes
                decisions about children who are less than 8 years old
                or below grade 3, or about their schools. However,
well-designed assessments may be useful in monitoring trends in the
educational development of populations of students who have reached age
5.
            (5) The National Research Council made the following
        recommendations:
                    (A) If parents, educators, public officials, and
                others who share responsibility for educational
                outcomes are to discharge their responsibility
                effectively, they should have access to information
                about the nature and interpretation of tests and test
                scores. Such information should be made available to
                the public and should be incorporated into teacher
                education and into educational programs for principals,
                administrators, public officials, and others.
                    (B) A test may appropriately be used to lead
                curricular reform, but it should not also be used to
                make high-stakes decisions about individual students
                until test users can show that the test measures what
                they have been taught.
                    (C) High-stakes decisions such as tracking,
                promotion, and graduation should not automatically be
                made on the basis of a single test score but should be
                buttressed by other relevant information about the
                student's knowledge and skill, such as grades, teacher
                recommendations, and extenuating circumstances.
                    (D) In general, large-scale assessments should not
                be used to make high-stakes decisions about students
                who are less than 8 years old or enrolled below grade
                3.
                    (E) High-stakes testing programs should routinely
                include a well-designed evaluation component.
                Policymakers should monitor both the intended and
                unintended consequences of high-stake assessments on
                all students and on significant subgroups of students,
                including minorities, English-language learners, and
                students with disabilities.
            (6) These principles and findings of the National Academy
        of Sciences are supported in significant measure by the
        Standards for Educational and Psychological Testing, adopted
        and approved in December of 1999, by the leading experts and
        professional organizations on testing, including the American
        Educational Research Association, American Psychological
        Association, and the National Council on Measurement in
        Education.
    (b) Test Performance.--If performance on a single large-scale test
is considered as part of any decision about the retention, graduation,
tracking, or within-class ability grouping of an individual student by
a State educational agency or local educational agency that receives
funds under the Elementary and Secondary Education Act of 1965, such
test performance shall not be the sole criterion in such decision and
may be considered in making such decision only if--
            (1) the test, including any cut score or performance
        standard set or established for use on the test, meets
        professional standards of validity and reliability for the
        purpose for which the test's results are being used;
            (2) the test allows its users to make score interpretations
        in relation to a functional performance level, as distinguished
        from those interpretations that are made in relation to the
        performance of others;
            (3) the test is based on State or local content and
        performance standards and is aligned with the curriculum and
        classroom instruction;
            (4) the test follows implementation of changes in teaching
        and curriculum that ensure that students have been taught the
        knowledge and skills on which the students will be tested;
            (5) multiple measures of student achievement, including
        grades and evaluations by teachers, are utilized to ensure that
        scores from the test are never the only source of information
        used, nor the sole criterion used, in making a high-stakes
        decision about an individual student;
            (6) students tested have been provided multiple
        opportunities to demonstrate proficiency in the academic
        subject covered by the test;
            (7) the test is administered in accordance with the written
        guidance from the test developer or publisher;
            (8) the State educational agency or local educational
        agency involved has evidence that the test is of adequate
        technical quality for each purpose for which the test is used;
            (9) the State educational agency or local educational
        agency provides appropriate accommodations and alternate
        assessments for students with disabilities that provide the
        students with a valid opportunity to show what the students
        know and can do;
            (10) the State educational agency or local educational
        agency provides appropriate accommodations and alternative
        assessments for students with limited English proficiency (if
        the agency involved determines that the students have not
        achieved sufficient English proficiency to ensure that the test
        will validly and reliably measure the subject matter knowledge
and skills of the students), including--
                    (A) the use of a test other than an English-only
                test;
                    (B) the use of alternate assessments (consisting of
                psychometrically equivalent tests in the students'
                native language) in order to provide such students with
                a valid and reliable opportunity to demonstrate what
                the students know and can do; and
                    (C) in a case in which the Secretary of Education
                determines that more than 5 percent of the students
                enrolled in kindergarten through grade 12 in a State
                are members of a single language minority group and are
                limited English proficient--
                            (i) the assessment of the students in that
                        group using tests developed in the language of
                        that group, if the State or local educational
agency determines that such tests are more likely than English-only
tests to yield accurate and reliable information regarding what those
students know and can do; or
                            (ii) if the language of the group is oral
                        or unwritten or, in the case of Alaska Natives
                        and other American Indians, if the predominant
                        language of the group is historically
                        unwritten, the furnishing of oral instructions,
                        assistance, and other necessary information to
                        such students relating to the English-only
                        test; and
            (11) the test is not used for a decision about promotion or
        placement in special education for a child below the age of 8
        or third grade.
    (c) Evaluations.--
            (1) State educational agencies.--Each State educational
        agency that receives funds under the Elementary and Secondary
        Education Act of 1965 and uses a large-scale test as part of a
        high stakes decision described in subsection (b), shall
        periodically conduct a comprehensive evaluation of the impact
        of high stakes decisions on students' education and educational
        outcomes, with particular consideration given to the impact on
        individual students and subgroups of students disaggregated by
        socioeconomic status, race, ethnicity, limited English
        proficiency, disability, and gender. The State educational
        agency shall make the results of the evaluation available to
        the public and shall provide clear and comprehensible
        information about the nature, use, and interpretation of the
        test and the scores the test generate.
            (2) Local educational agency.--Each local educational
        agency that receives funds under the Elementary and Secondary
        Education Act of 1965, uses a large-scale test as part of a
        high stakes decision described in subsection (b), and is
        located in a State that does not conduct an evaluation under
        paragraph (1), shall periodically conduct a comprehensive
        evaluation of the impact of high stakes decisions on students'
        education and educational outcomes, with particular
        consideration given to the impact on individual students and
        subgroups of students disaggregated by socioeconomic status,
        race, ethnicity, limited English proficiency, disability, and
        gender. The local educational agency shall make the results of
        the evaluation available to the public and shall provide clear
        and comprehensible information about the nature, use, and
        interpretation of the test and the scores the test generate.
            (3) Department of education.--The Secretary shall--
                    (A) conduct an evaluation similar to the evaluation
                described in paragraph (1) among a representative
                sample of States and local educational agencies;
                    (B) report the results of such evaluation to
                Congress; and
                    (C) make the results of the evaluation available to
                the public.
    (d) Definitions.--In this section:
            (1) In general.--The terms used in this section have the
        meanings given the terms in section 14101 of the Elementary and
        Secondary Education Act of 1965.
            (2) Large-scale test.--The term ``large-scale test'' means
        a test that is administered and scored under conditions uniform
        to all students so that the test scores are comparable across
        individuals.
            (3) Sole criterion.--The term ``sole criterion'' means the
        only one standard (such as a test score) used to make a
        judgment or a decision, including a step-wise decisionmaking
        procedure where students must reach or exceed one criterion
        (such as a cut score of a test) independent of or before other
        criteria can be considered.

Output: Establishes certain requirements relating to the use of large-scale standardized tests by State and local educational agencies (SEAs and LEAs) that receive funds under the Elementary and Secondary Education Act of 1965 (ESEA).Prohibits performance on a large-scale test from being the sole determinant of any decision about an individual student's retention, graduation, tracking, or within-class ability grouping. Allows such test performance to be considered in making such decision only if specified criteria are met.Requires evaluations of the impact of standardized tests used in high stakes decisions on students' education and educational outcomes, particularly on individuals and subgroups disaggregated by socioeconomic status, race, ethnicity, limited English proficiency, disability, and gender, to be carried out by: (1) SEAs receiving ESEA funds; (2) LEAs receiving ESEA funds located in States that do not do such evaluations; and (3) the Secretary of Education.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Taxpayer Freedom and Fairness Act''.

SEC. 2. PHASED REDUCTION OF 15 PERCENT INDIVIDUAL INCOME TAX RATE TO 10
              PERCENT.

    (a) In General.--Section 1 of the Internal Revenue Code of 1986
(relating to tax imposed) is amended--
            (1) by striking ``15%'' each place it appears in the tables
        in subsections (a) through (e) and inserting ``The applicable
        rate'', and
            (2) by adding at the end the following:
    ``(i) Applicable Rate.--For purposes of this section, the
applicable rate for any taxable year shall be determined in accordance
with the following table:

``In the case of any taxable year   The applicable rate is:
        beginning in--
    1999..........................................          14 percent
    2000..........................................          13 percent
    2001..........................................          12 percent
    2002..........................................          11 percent
    2003 and thereafter...........................       10 percent.''.
    (b) Conforming Amendments.--
            (1) Section 1(f)(2) of the Internal Revenue Code of 1986 is
        amended--
                    (A) by inserting ``except as provided in subsection
                (i),'' before ``by not changing'' in subparagraph (B),
                and
                    (B) by inserting ``and the adjustment in rates
                under subsection (i)'' after ``rate brackets'' in
                subparagraph (C).
            (2) Section 1(g)(7)(B)(ii)(II) of such Code is amended by
        striking ``15 percent'' and inserting ``the applicable rate''.
            (3) Section 3402(p)(2) of such Code is amended by striking
        ``15 percent'' and inserting ``the applicable rate in effect
        under section 1(i) for the taxable year''.
    (c) New Tables.--Not later than 15 days after the date of enactment
of this Act, the Secretary of the Treasury--
            (1) shall prescribe tables for taxable years beginning in
        1999 which shall reflect the amendments made by this section
        and which shall apply in lieu of the tables prescribed under
        sections 1(f)(1) and 3(a) of the Internal Revenue Code of 1986
        for such taxable years, and
            (2) shall modify the withholding tables and procedures for
        such taxable years under section 3402(a)(1) of such Code to
        take effect as if the reduction in the rate of tax under
        section 1 of such Code (as amended by this section) was
        attributable to such a reduction effective on such date of
        enactment.
    (d) Section 15 Not To Apply.--No amendment made by this section
shall be treated as a change in a rate of tax for purposes of section
15 of the Internal Revenue Code of 1986.
    (e) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1998.

SEC. 3. COMBINED RETURN TO WHICH UNMARRIED RATES APPLY.

    (a) In General.--Subpart B of part II of subchapter A of chapter 61
of the Internal Revenue Code of 1986 (relating to income tax returns)
is amended by inserting after section 6013 the following:

``SEC. 6013A. COMBINED RETURN WITH SEPARATE RATES.

    ``(a) General Rule.--A husband and wife may make a combined return
of income taxes under subtitle A under which--
            ``(1) a separate taxable income is determined for each
        spouse by applying the rules provided in this section, and
            ``(2) the tax imposed by section 1 is the aggregate amount
        resulting from applying the separate rates set forth in section
        1(c) to each such taxable income.
    ``(b) Determination of Taxable Income.--
            ``(1) In general.--For purposes of subsection (a)(1), the
        taxable income for each spouse shall be one-half of the taxable
        income computed as if the spouses were filing a joint return.
            ``(2) Nonitemizers.--For purposes of paragraph (1), if an
        election is made not to itemize deductions for any taxable
        year, the basic standard deduction shall be equal to the amount
        which is twice the basic standard deduction under section
        63(c)(2)(C) for the taxable year.
    ``(c) Treatment of Credits.--Credits shall be determined (and
applied against the joint liability of the couple for tax) as if the
spouses had filed a joint return.
    ``(d) Treatment as Joint Return.--Except as otherwise provided in
this section or in the regulations prescribed hereunder, for purposes
of this title (other than sections 1 and 63(c)) a combined return under
this section shall be treated as a joint return.
    ``(e) Regulations.--The Secretary shall prescribe such regulations
as may be necessary or appropriate to carry out this section.''.
    (b) Unmarried Rate Made Applicable.--So much of subsection (c) of
section 1 of the Internal Revenue Code of 1986 (relating to tax
imposed) as precedes the table is amended to read as follows:
    ``(c) Separate or Unmarried Return Rate.--There is hereby imposed
on the taxable income of every individual (other than a married
individual (as defined in section 7703) filing a joint return or a
separate return, a surviving spouse as defined in section 2(a), or a
head of household as defined in section 2(b)) a tax determined in
accordance with the following table:''.
    (c) Clerical Amendment.--The table of sections for subpart B of
part II of subchapter A of chapter 61 of the Internal Revenue Code of
1986 is amended by inserting after the item relating to section 6013
the following:

                              ``Sec. 6013A. Combined return with
                                        separate rates.''
    (d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of enactment of this
Act.

Output:
Taxpayer Freedom and Fairness Act - Amends the Internal Revenue Code to reduce the 15 percent individual income tax rate to ten percent over five years.
Authorizes a married couple to file a combined return under which: (1) each spouse is taxed using the rates applicable to unmarried individuals; but (2) their joint tax liability shall be for the aggregate amount resulting from applying the separate rates to each taxable income.


Input:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Force Protection
and Readiness Act of 2010''.
    (b) Table of Contents.--The table of contents for this Act is as
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Sexual Assault Victim Advocate, victim service organization,
                            and health care professional privileges in
                            cases arising under Uniform Code of
                            Military Justice.
Sec. 3. Expedited consideration and priority for application for
                            consideration of a permanent change of
                            station or unit transfer based on
                            humanitarian conditions for victim of
                            sexual assault.
Sec. 4. Codification of required information database on sexual assault
                            incidents involving members of the Armed
                            Forces.
Sec. 5. Establishment of hotline to improve reporting of sexual
                            assaults involving members of the Armed
                            Forces.
Sec. 6. Assignment and training of Sexual Assault Victim Advocates.
Sec. 7. Provision of court-martial record to victim of sexual assault
                            involving a member of the Armed Forces.
Sec. 8. Legal training for judge advocates to improve investigation and
                            prosecution of sexual assault offenses.

SEC. 2. SEXUAL ASSAULT VICTIM ADVOCATE, VICTIM SERVICE ORGANIZATION,
              AND HEALTH CARE PROFESSIONAL PRIVILEGES IN CASES ARISING
              UNDER UNIFORM CODE OF MILITARY JUSTICE.

    (a) Privileges Established.--
            (1) In general.--Subchapter XI of chapter 47 of title 10,
        United States Code (the Uniform Code of Military Justice), is
        amended by adding at the end the following new section:
``Sec. 940a. Art. 140a. Privilege for communication with Sexual Assault
              Victim Advocate, victim service organization, or health
              care professional
    ``(a) Definitions.--In this section:
            ``(1) The term `client' means a person who consults with or
        is examined or interviewed by a Sexual Assault Victim Advocate
        of the Department of Defense, a victim service organization or
        any representative of the organization, or a health care
        professional or any representative of the professional.
            ``(2) The term `victim service organization' means an
        organization (whether public or private) that provides advice,
        counseling, or assistance to victims of domestic violence,
        family violence, dating violence, stalking, or sexual assault,
        or to the families of such victims.
            ``(3) The term `representative', with respect to an
        organization or professional, means a person directed by or
        assigned to assist that organization or professional,
        respectively, in providing advice, counseling, treatment, or
        assistance.
            ``(4) The term `confidential communication' means a
        communication not intended to be disclosed to third persons
        other than--
                    ``(A) those persons to whom disclosure is in
                furtherance of providing advice, counseling, treatment,
                or assistance to the client; and
                    ``(B) those persons reasonably necessary for
                facilitating disclosure under subparagraph (A).
    ``(b) General Rule of Privilege.--(1) A client has a privilege to
refuse to disclose, and to prevent any other person from disclosing, in
a case arising under this chapter, a confidential communication made
between the client and a person or entity specified in paragraph (2) if
such communication was made for the purpose of securing advice,
counseling, treatment, or assistance concerning the client's mental,
physical, or emotional condition caused by a sexual assault or other
offense covered by section 920 of this title (article 120).
    ``(2) The privilege afforded by paragraph (1) applies to
confidential communications with--
            ``(A) any operator or recording device of the Department of
        Defense sexual assault reporting hotline;
            ``(B) a Sexual Assault Victim Advocate;
            ``(C) a victim service organization or any representative
        of the organization; and
            ``(D) a health care professional or any representative of
        the professional.
    ``(3) A person referred to in paragraph (2) shall notify clients as
soon as practicable of the existence of the privilege afforded by
paragraph (1).
    ``(c) Emergency Shelter Protection.--A client or representative of
a client may not be compelled to provide testimony in a case arising
under this chapter (or other disciplinary or administrative proceeding
of an armed force) that would identify--
            ``(1) the name, address, location, or telephone number of a
        safe house, abuse shelter, or other facility that provided
        temporary emergency shelter to the victim of the offense or
        transaction that is the subject of the proceeding; or
            ``(2) the name, address, or telephone number of a victim
        representative.
    ``(d) Who May Claim the Privilege.--The privilege under subsection
(b) or (c) may be claimed by the client or the guardian or conservator
of the client. A person who may claim the privilege may authorize trial
counsel or defense counsel to claim the privilege on his or her behalf.
The Sexual Assault Victim Advocate, victim service organization, health
care professional, or representative who received the communication may
claim the privilege on behalf of the client. The authority of the
Sexual Assault Victim Advocate, organization, professional,
representative, guardian, or conservator to assert the privilege is
presumed in the absence of evidence to the contrary.
    ``(e) Exceptions.--There is no privilege under this section--
            ``(1) when the client is dead, except for the privilege
        under subsection (c);
            ``(2) to the extent the communication reports child abuse;
            ``(3) when a Sexual Assault Victim Advocate, victim service
        organization, health care professional, or representative
        believes that a mental or emotional condition of the client
        makes the client a danger to any person, including the client;
        or
            ``(4) if the communication clearly contemplated the future
        commission of a fraud or crime or if the services of the Sexual
        Assault Victim Advocate, victim service organization, or health
        care professional are sought or obtained to enable or aid
        anyone to commit or plan to commit what the client knew or
        reasonably should have known to be a crime or fraud.''.
            (2) Clerical amendment.--The table of sections at the
        beginning of such subchapter is amended by adding at the end
        the following new item:

``940a. 140a. Privilege for communication with Sexual Assault Victim
                            Advocate, victim service organization, or
                            health care professional.''.
    (b) Applicability.--Section 940a of title 10, United States Code
(article 140a of the Uniform Code of Military Justice), as added by
subsection (a), applies to communications made after the date of the
enactment of this Act.

SEC. 3. EXPEDITED CONSIDERATION AND PRIORITY FOR APPLICATION FOR
              CONSIDERATION OF A PERMANENT CHANGE OF STATION OR UNIT
              TRANSFER BASED ON HUMANITARIAN CONDITIONS FOR VICTIM OF
              SEXUAL ASSAULT.

    (a) In General.--Chapter 39 of title 10, United States Code, is
amended by inserting after section 672 the following new section:
``Sec. 673. Consideration of application for permanent change of
              station or unit transfer for members on active duty who
              are the victim of a sexual assault
    ``(a) Expedited Consideration and Priority for Approval.--To the
maximum extent practical, the Secretary concerned shall provide for the
expedited consideration and approval of an application for
consideration of a permanent change of station or unit transfer
submitted by a member of the armed forces serving on active duty who
was a victim of a sexual assault or other offense covered by section
920 of this title (article 120) so as to reduce the possibility of
retaliation against the member for reporting the sexual assault.
    ``(b) Regulations.--The Secretaries of the military departments
shall issue regulations to carry out this section, within guidelines
provided by the Secretary of Defense.''.
    (b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
672 the following new item:

``673. Consideration of application for permanent change of station or
                            unit transfer for members on active duty
                            who are the victim of a sexual assault.''.

SEC. 4. CODIFICATION OF REQUIRED INFORMATION DATABASE ON SEXUAL ASSAULT
              INCIDENTS INVOLVING MEMBERS OF THE ARMED FORCES.

    (a) Database Required.--Chapter 80 of title 10, United States Code,
is amended by inserting after section 1562 the following new section:
``Sec. 1562a. Database on sexual assault incidents
    ``(a) Database Required.--The Secretary of Defense shall maintain a
centralized, case-level database for the collection, in a manner
consistent with Department of Defense regulations for restricted
reporting, and maintenance of information regarding sexual assaults
involving a member of the armed forces, including information, if
available, about the nature of the assault, the victim, the offender,
and the outcome of any legal proceedings in connection with the
assault.
    ``(b) Availability of Database.--The database required by
subsection (a) shall be available to personnel of the Sexual Assault
Prevention and Response Office of the Department of Defense.
    ``(c) Reports.--The database required by subsection (a) shall be
used to develop and implement congressional reports, as required by the
following
            ``(1) Sections 4361, 6980, and 9361 of this title.
            ``(2) Section 577(f) of the Ronald W. Reagan National
        Defense Authorization Act for Fiscal Year 2005 (Public Law 108-
        375; 10 U.S.C. 113 note).''.
    (b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
1562 the following new item:

``1562a. Database on sexual assault incidents.''.
    (c) Repeal of Superseded Requirement.--Section 563 of the Duncan
Hunter National Defense Authorization Act for Fiscal Year 2009 (Public
Law 110-417; 122 Stat. 4470) is repealed.
    (d) Completion.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall complete
implementation of the database required by subsection (a).

SEC. 5. ESTABLISHMENT OF HOTLINE TO IMPROVE REPORTING OF SEXUAL
              ASSAULTS INVOLVING MEMBERS OF THE ARMED FORCES.

    Not later than 180 days after the date of the enactment of this
Act, the Secretary of Defense shall establish a universal hotline to
facilitate the reporting of a sexual assault--
            (1) by a member of the Armed Forces, whether serving in the
        United States or overseas, who is a victim of a sexual assault;
        or
            (2) by any other person who is a victim of a sexual assault
        involving a member of the Armed Forces.

SEC. 6. ASSIGNMENT AND TRAINING OF SEXUAL ASSAULT VICTIM ADVOCATES.

    (a) Assignment and Training.--Chapter 80 of title 10, United States
Code, is amended by adding at the end the following new section:
``Sec. 1568. Sexual Assault Victim Advocates
    ``(a) Assignment of Victim Advocates.--(1) At least one full-time
Sexual Assault Victim Advocate shall be assigned to each battalion or
equivalent military unit. The Secretary concerned may assign additional
Victim Advocates as necessary based on the demographics or needs of the
unit. The additional Victim Advocates may serve on a full-time or part-
time basis at the discretion of the Secretary.
    ``(2) The Secretary concerned shall assign members of the armed
forces under the jurisdiction of the Secretary to serve as a deployable
Sexual Assault Victim Advocate when Victim Advocates assigned to a unit
under paragraph (1) are not deployed with the unit.
    ``(b) Training and Certification.--(1) The Secretary of Defense
shall establish a training and certification program for Sexual Assault
Victim Advocates. In developing the program, the Secretary of Defense
shall work with the National Victim Assistance Academy.
    ``(2) A member or civilian employee assigned to duty as a Victim
Advocate may obtain certification under the training program.''.
    (b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:

``1568. Sexual Assault Victim Advocates.''.

SEC. 7. PROVISION OF COURT-MARTIAL RECORD TO VICTIM OF SEXUAL ASSAULT
              INVOLVING A MEMBER OF THE ARMED FORCES.

    A copy of the prepared record of the proceedings of a court-martial
involving a sexual assault or other sexual offense shall be given to
the victim of the offence if the victim testified during the
proceedings. The record of the proceedings shall be provided without
charge and as soon as the record is authenticated. The victim shall be
notified of the opportunity to receive the record of the proceedings.

SEC. 8. LEGAL TRAINING FOR JUDGE ADVOCATES TO IMPROVE INVESTIGATION AND
              PROSECUTION OF SEXUAL ASSAULT OFFENSES.

    Section 806 of title 10, United States Code (article 6 of the
Uniform Code of Military Justice), is amended by adding at the end the
following new subsection:
    ``(e) The Secretary of Defense shall provide for the inclusion of a
training module for judge advocates who serve as trial counsel to
improve their ability to investigate and prosecute cases involving a
sexual assault or other offense covered by section 920 of this title
(article 120).''.

Output:
Force Protection and Readiness Act of 2010 - Grants, in cases arising under the Uniform Code of Military Justice (UCMJ) for communications made between an alleged victim of sexual assault and a Sexual Assault Victim Advocate of the Department of Defense (DOD), to an individual who consulted with such an Advocate, a victim service organization, or a health care professional the privilege of refusing to disclose a confidential communication made by the individual if such communication was made for the purpose of securing advice, counseling, treatment, or assistance in connection with a sexual assault or other sexual misconduct. Allows the privilege to be claimed by the individual's guardian or conservator. Provides exceptions.

Requires the Secretary of the military department concerned to provide for the expedited consideration of a request for a permanent change of military station or unit transfer submitted by a member of the Armed Forces serving on active duty who was a victim of sexual assault or other sexual offense.

Codifies under federal law a required information database on sexual assault incidents involving members of the Armed Forces. Repeals a superseded requirement under the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009.

Directs the Secretary of Defense to establish a universal hotline to facilitate the reporting of sexual assault involving members of the Armed Forces.

Requires: (1) at least one full-time Sexual Assault Victim Advocate to be assigned to each battalion or equivalent military unit; and (2) appropriate training and certification of such advocates.

Requires a copy of the record of proceedings of a court-martial involving a sexual assault or other sexual offense to be given to the victim if the victim testified during the proceedings.

Directs the Secretary to provide a training module for judge advocates who serve as trial counsel to improve their ability to investigate and prosecute cases involving a sexual assault or other sexual offense.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Memorial to Noncitizen Patriots
Act''.

SEC. 2. CONGRESSIONAL FINDINGS.

    (a) The Congress finds the following:
            (1) There is a long history of noncitizens serving in the
        Armed Forces of the United States of America.
            (2) Noncitizens have been engaged in American battles since
        the Colonial period, both as volunteers and conscripts.
            (3) George Washington, a British subject, led our American
        Revolution and the Marquis de Lafayette, a citizen of France,
        and hundreds of other noncitizens helped win our independence.
            (4) In the War of 1812, some Irish nationals helped the
        United States fight British invaders.
            (5) Thousands of noncitizens fought for the Union Army in
        the Civil War.
            (6) Roughly one in five wartime draftees during World War I
        was foreign-born, and approximately 9 percent were noncitizens.
            (7) According to one recent study, more than 20 percent of
        the 3,400 members of the Armed Forces who have been awarded the
        Medal of Honor, the Nation's highest military honor, were
        immigrants, though the precise number of noncitizens who
        received this award is not known.
            (8) Today, 36,177 members of the Armed Forces are
        noncitizens, making up about 5 percent of active duty members,
        and 12,132 members of the Selected Reserve are noncitizens.
            (9) About a third of today's noncitizen members of the
        Armed Forces come from Mexico and other Spanish-speaking
        countries and the rest are from the Philippines, China,
        Vietnam, Canada, Korea, India, and other countries.
            (10) These men and women in uniform, born in other
        countries, now spend each day in honorable service to their
        adopted land.
            (11) These men and women love the United States and show it
        in their daily devotion to duty.
            (12) The role of noncitizen members of the Armed Forces
        recently received widespread attention when a noncitizen from
        Guatemala became the second American member of the Armed Forces
        to die in Operation Iraqi Freedom.
            (13) Noncitizen members of the Armed Forces from Mexico,
        Colombia, the Republic of the Philippines, Scotland, Guyana,
        the Dominican Republic, Cuba, Haiti, Nicaragua, and Poland have
        also given their lives in the line of duty in Iraq.
            (14) The sacrifice that these and other noncitizens have
        made for their adopted country deserves special recognition and
        appreciation.
            (15) Among the special recognitions a grateful nation can
        confer is establishment of a memorial to those noncitizens
        killed in the line of duty while serving in the Armed Forces of
        the United States.

SEC. 3. CONSTRUCTION OF MEMORIAL TO NONCITIZENS KILLED IN THE LINE OF
              DUTY WHILE SERVING IN THE ARMED FORCES OF THE UNITED
              STATES.

    (a) Construction Required.--The Secretary of the Army shall, in
consultation with the Secretary of Veterans Affairs, construct at an
appropriate place in Arlington National Cemetery, Virginia, a memorial
marker honoring the service and sacrifice of noncitizens killed in the
line of duty while serving in the Armed Forces of the United States.
    (b) Availability of Funds.--There is authorized to be appropriated
to the Secretary of the Army $500,000 for the design and construction
of the memorial marker required by subsection (a).

SEC. 4. DONATIONS FOR MEMORIAL TO NONCITIZENS KILLED IN THE LINE OF
              DUTY WHILE SERVING IN THE ARMED FORCES OF THE UNITED
              STATES.

    (a) Authority to Accept Donations.--The Secretary of Veterans
Affairs may accept gifts and donations of services, money, and property
(including personal, tangible, or intangible property) for the purpose
of constructing an appropriate memorial or monument to noncitizens
killed in the line of duty while serving in the Armed Forces of the
United States, whether such memorial or monument is constructed by the
Secretary or is the memorial marker required by section 3.
    (b) Transfer.--(1) The Secretary of Veterans Affairs may transfer
to the Secretary of the Army any services, money, or property accepted
by the Secretary under subsection (a) for the purpose of the
construction of the memorial marker required by section 3.
    (2) Any moneys transferred to the Secretary of the Army under
paragraph (1) shall be merged with amounts appropriated pursuant to the
authorization provided in section 3(b), and shall be available for the
purpose referred to in that section.
    (c) Expiration of Authority.--The authority of the Secretary of
Veterans Affairs to accept gifts and donations under subsection (a)
shall expire five years after the date of the enactment of this Act.

Output:
Memorial to Noncitizen Patriots Act - Directs the Secretary of the Army to construct within Arlington National Cemetery, Virginia, a memorial marker honoring the service and sacrifice of noncitizens killed in the line of duty while serving in the U.S. armed forces.

Authorizes the Secretary of Veterans Affairs to accept gifts and donations for such purpose.


Input:
SECTION 1. SHORT TITLE.

    (a) Short Title.--This Act may be cited as the ``Stimulating
Leadership in Cutting Expenditures Act of 2005''.
    (b) Findings.--Congress finds that--
            (1) large areas of several States, including many large and
        small communities, have suffered numerous deaths and widespread
        destruction as a result of recent hurricanes and other natural
        disasters;
            (2) millions of Americans have been forced to flee their
        homes, and in some cases have been left homeless, by those
        disasters;
            (3) the adverse consequences for the regional and national
        economy are expected to be substantial and ongoing;
            (4) Congress has responded by providing large amounts of
        funding to enable the Government to assist States, local
        authorities, and individuals most affected by those disasters;
            (5) substantial additional appropriations for these
        purposes probably will be required in the future;
            (6) Federal expenditures for other purposes already exceed
        revenues, so unless offset by increased revenues or reductions
        in other expenditures, funding for these purposes will increase
        the national debt that must be repaid, with interest, in the
        future;
            (7) the President has indicated that he thinks funds
        provided for other purposes can be reduced in order to offset
        some or all of these costs; and
            (8) however, under current law, the Congress is not
        required to act on any such proposals by the President.
    (c) Purpose.--The purpose of this Act is to enable the President to
require Congress to debate and vote on certain presidential proposals
for reducing other spending in order to offset amounts appropriated in
response to the effects of recent natural disasters.

SEC. 2. EXPEDITED CONSIDERATION OF CERTAIN PROPOSED SPENDING
              REDUCTIONS.

    (a) In General.--Part B of title X of the Congressional Budget and
Impoundment Control Act of 1974 (2 U.S.C. 681 et seq.) is amended by
redesignating sections 1013 through 1017 as sections 1014 through 1018,
respectively, and inserting after section 1012 the following new
section:

       ``expedited consideration of certain proposed rescissions

    ``Sec. 1013. (a) Proposed Rescission of Budget Authority.--In
addition to the method of rescinding budget authority specified in
section 1012, the President may propose, at the time and in the manner
provided in subsection (b), the rescission of any budget authority
provided in Public Law 109-59 or in an appropriation Act. Funds made
available for obligation under this procedure may not be proposed for
rescission again under this section or section 1012.
    ``(b) Transmittal of Special Message.--
            ``(1) Proposed rescissions of transportation projects.--
                    ``(A) On or before November 1, 2005, the President
                may transmit to Congress a special message proposing to
                rescind amounts of budget authority provided in the
                Transportation Equity Act: A Legacy for Users (P.L.
                109-59).
                    ``(B) A special message transmitted pursuant to
                this subsection shall be accompanied by a draft bill
                each section of which would affect only the specific
                project or purpose specified in such section.
            ``(2) Proposed rescissions in appropriation acts.--
                    ``(A) Not later than January 1, 2006, the President
                may transmit to Congress a special message proposing to
                rescind amounts of budget authority provided in an
                appropriation Act enacted prior to such date in order
                to offset amounts appropriated or expected to be
                appropriated in connection with natural disasters
                occurring during calendar year 2005 and include with
                that special message a draft bill each section of
                which, if enacted, would only rescind the amount of
                budget authority specified in such section. That bill
                shall clearly identify the amount of budget authority
                that is proposed to be rescinded for each program,
                project, or activity to which that budget authority
                relates.
                    ``(B) If a special message transmitted pursuant to
                this subsection proposes to rescind budget authority
                included in an appropriation Act that includes accounts
                within the jurisdiction of more than one subcommittee
                of the Committee on Appropriations, the President shall
                send a draft bill that separates the proposed
                rescissions from accounts within the jurisdiction of
                each such subcommittee.
                    ``(C) Each special message shall specify, with
                respect to the budget authority proposed to be
                rescinded, the matters referred to in paragraphs (1)
                through (5) of section 1012(a).
    ``(c) Procedures for Expedited Consideration.--
            ``(1)(A) Before the close of the second legislative day of
        the House of Representatives after the date of receipt of a
        special message transmitted to Congress under subsection (b),
        the majority leader or minority leader of the House of
        Representatives shall introduce (by request) the draft bill
        accompanying that special message. If the bill is not
        introduced as provided in the preceding sentence, then, on the
        third legislative day of the House of Representatives after the
        date of receipt of that special message, any Member of that
        House may introduce the bill.
            ``(B) A bill affecting Public Law 109-59 shall be referred
        to the Committee on Transportation and Infrastructure and a
        bill to rescind budgetary authority included in an
        appropriation Act shall be referred to the Committee on
        Appropriations of the House of Representatives. The committee
        of referral shall report the bill without substantive revision,
        and with or without recommendation. The bill shall be reported
        not later than the seventh legislative day of that House after
        the date of receipt of that special message. If the Committee
        of referral fails to report the bill within that period, that
        committee shall be automatically discharged from consideration
        of the bill, and the bill shall be placed on the appropriate
        calendar.
            ``(C) A separate vote on each section and, if any section
        is approved, on final passage of a bill referred to in
        subparagraph (B) shall be taken in the House of Representatives
        on or before the close of the 10th legislative day of that
        House after the date of the introduction of the bill in that
        House. If the bill is passed, the Clerk of the House of
        Representatives shall cause the bill to be engrossed,
        certified, and transmitted to the Senate within one calendar
        day of the day on which the bill is passed.
            ``(2)(A) A motion in the House of Representatives to
        proceed to the consideration of a bill under this section shall
        be highly privileged and not debatable. An amendment to the
        motion shall not be in order, nor shall it be in order to move
        to reconsider the vote by which the motion is agreed to or
        disagreed to.
            ``(B) Debate in the House of Representatives on each
        section of a bill under this section shall not exceed one hour
        and debate on such bill shall not exceed 4 hours, in each case
        with such time being divided equally between those favoring and
        those opposing the section or final passage of the bill. A
        motion further to limit debate shall not be debatable. It shall
        not be in order to move to recommit a bill under this section
        or to move to reconsider the vote by which the bill is agreed
        to or disagreed to.
            ``(C) Appeals from decisions of the Chair relating to the
        application of the Rules of the House of Representatives to the
        procedure relating to a bill under this section shall be
        decided without debate.
            ``(3)(A) A bill transmitted to the Senate pursuant to
        paragraph (1)(C) shall be referred to the appropriate
        committee. The committee shall report the bill without
        substantive revision and with or without recommendation. The
        bill shall be reported not later than the seventh legislative
        day of the Senate after it receives the bill. A committee
        failing to report the bill within such period shall be
        automatically discharged from consideration of the bill, and
        the bill shall be placed upon the appropriate calendar.
            ``(B) A separate vote on each section and on final passage
        of a bill transmitted to the Senate shall be taken on or before
        the close of the 10th legislative day of the Senate after the
        date on which the bill is transmitted.
            ``(4)(A) A motion in the Senate to proceed to the
        consideration of a bill under this section shall be privileged
        and not debatable. An amendment to the motion shall not be in
        order, nor shall it be in order to move to reconsider the vote
        by which the motion is agreed to or disagreed to.
            ``(B) Debate in the Senate on a bill under this section,
        and all debatable motions and appeals in connection therewith,
        shall not exceed 10 hours. The time shall be equally divided
        between, and controlled by, the majority leader and the
        minority leader or their designees.
            ``(C) Debate in the Senate on any debatable motion or
        appeal in connection with a bill under this section shall be
        limited to not more than 1 hour, to be equally divided between,
        and controlled by, the mover and the manager of the bill,
        except that in the event the manager of the bill is in favor of
        any such motion or appeal, the time in opposition thereto,
        shall be controlled by the minority leader or his designee.
        Such leaders, or either of them, may, from time under their
        control on the passage of a bill, allot additional time to any
        Senator during the consideration of any debatable motion or
        appeal.
            ``(D) A motion in the Senate to further limit debate on a
        bill under this section is not debatable. A motion to recommit
        a bill under this section is not in order.
    ``(d) Amendments and Divisions Prohibited.--No amendment to a bill
considered under this section shall be in order in either the House of
Representatives or the Senate. It shall not be in order to demand a
division of the question in the House of Representatives (or in a
Committee of the Whole) or in the Senate. No motion to suspend the
application of this subsection shall be in order in either House, nor
shall it be in order in either House to suspend the application of this
subsection by unanimous consent.
    ``(e) Requirement to Make Available for Obligation.--Any amount of
budget authority proposed to be rescinded in a special message
transmitted to Congress under subsection (b) shall be made available
for obligation on the earlier of--
            ``(1) the day after the date upon which the House of
        Representatives defeats the section of a bill transmitted with
        that special message rescinding the amount proposed to be
        rescinded; or
            ``(2) the day after the date upon which the Senate rejects
        the relevant section of a bill that makes rescissions to carry
        out the applicable special message of the President.
    ``(f) Definitions.--For purposes of this section--
            ``(1) the term `appropriation Act' means any general or
        special appropriation Act, and any Act or joint resolution
        making supplemental, deficiency, or continuing appropriations;
        and
            ``(2) the term `legislative day' means, with respect to
        either House of Congress, any calendar day during which that
        House is in session.''.
    (b) Exercise of Rulemaking Powers.--Section 904 of such Act (2
U.S.C. 621 note) is amended--
            (1) by striking ``and 1017'' in subsection (a) and
        inserting ``1013, and 1018''; and
            (2) by striking ``section 1017'' in subsection (d) and
        inserting ``sections 1013 and 1018''.
    (c) Conforming Amendments.--
            (1) Section 1011 of such Act (2 U.S.C. 682(5)) is amended--
                    (A) in paragraph (4), by striking ``1013'' and
                inserting ``1014''; and
                    (B) in paragraph (5)--
                            (i) by striking ``1016'' and inserting
                        ``1017''; and
                            (ii) by striking ``1017(b)(1)'' and
                        inserting ``1018(b)(1)''.
            (2) Section 1015 of such Act (2 U.S.C. 685) (as
        redesignated by section 2(a)) is amended--
                    (A) by striking ``1012 or 1013'' each place it
                appears and inserting ``1012, 1013, or 1014'';
                    (B) in subsection (b)(1), by striking ``1012'' and
                inserting ``1012 or 1013'';
                    (C) in subsection (b)(2), by striking ``1013'' and
                inserting ``1014''; and
                    (D) in subsection (e)(2)--
                            (i) by striking ``and'' at the end of
                        subparagraph (A);
                            (ii) by redesignating subparagraph (B) as
                        subparagraph (C);
                            (iii) by striking ``1013'' in subparagraph
                        (C) (as so redesignated) and inserting
                        ``1014''; and
                            (iv) by inserting after subparagraph (A)
                        the following new subparagraph:
                    ``(B) he has transmitted a special message under
                section 1013 with respect to a proposed rescission;
                and''.
            (3) Section 1016 of such Act (2 U.S.C. 686) (as
        redesignated by section 2(a)) is amended by striking ``1012 or
        1013'' each place it appears and inserting ``1012, 1013, or
        1014''.
    (d) Clerical Amendments.--The table of sections for subpart B of
title X of such Act is amended--
            (1) by redesignating the items relating to sections 1013
        through 1017 as items relating to sections 1014 through 1018;
        and
            (2) by inserting after the item relating to section 1012
        the following new item:

``Sec. 1013. Expedited consideration of certain proposed
                            rescissions.''.

Output:
Stimulating Leadership in Cutting Expenditures Act of 2005 - Amends the Congressional Budget and Impoundment Control Act of 1974 to authorize the President to transmit to Congress, by specified dates, a special message proposing to rescind amounts of budget authority provided in: (1) the Transportation Equity Act: A Legacy for Users (P.L. 109-59); or (2) an appropriation Act enacted before January 1, 2006, in order to offset amounts appropriated or expected to be appropriated in connection with natural disasters occurring during calendar year 2005.

Prescribes procedures for expedited consideration of such proposed rescissions.