Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Worker Recovery Act of 2005''.

SEC. 2. PURPOSES.

    The purposes of this act are to accelerate the reemployment and
employment of individuals affected by Hurricanes Katrina and Rita, and
provide such individuals with enhanced flexibility, choice, and control
in obtaining intensive reemployment, training, and supportive services.

SEC. 3. GRANTS TO SUPPORT WORKER RECOVERY ACCOUNTS.

    Subtitle F of title I of the Workforce Investment Act of 1998 (29
U.S.C. 2801 et seq.) is amended by redesignating subtitle F as subtitle
G and inserting after subtitle E the following:

``Subtitle F--Temporary Program to Provide Worker Recovery Accounts to
             Workers Affected by a Gulf Hurricane Disaster

``SEC. 196. ESTABLISHMENT OF WORKER RECOVERY ACCOUNTS GRANT PROGRAM.

    ``(a) In General.--The Secretary shall make grants to eligible
entities to provide worker recovery accounts to eligible individuals in
accordance with this subtitle in order to meet the employment and
training needs of individuals affected by Hurricane Katrina or
Hurricane Rita.
    ``(b) Eligible Entities.--For purposes of this subtitle, an
eligible entity means--
            ``(1) the States of Louisiana, Mississippi, Alabama, and
        Texas;
            ``(2) States to which a significant number of individuals
        described in subsection (d)(2)(A)(i) and (ii) have relocated;
        and
            ``(3) a local board or a consortium of local boards
        established in a local area or areas--
                    ``(A) within the boundaries of which is an area
                that has been declared a major disaster under section
                401 of the Robert T. Stafford Disaster Relief and
                Emergency Assistance Act (42 U.S.C. 5170) as a result
                of Hurricane Katrina or Hurricane Rita and where the
                President has determined payment of assistance under
                section 410(a) of such Act is warranted; or
                    ``(B) to which a significant number of individuals
                described in subsection (d)(2)(A)(i) and (ii) have
                relocated.
    ``(c) Use of Grant Funds.--
            ``(1) In general.--An eligible entity that receives a grant
        under this subtitle shall use the grant funds to provide,
        through a local area or areas, eligible individuals with worker
        recovery accounts. An eligible individual may receive only 1
        worker recovery account.
            ``(2) Amount in accounts.--The eligible entity shall
        establish the amount to be provided for each worker recovery
        account, which shall be uniform throughout the State or local
        area and shall not be in excess of $5,000.
            ``(3) Limitation on administrative costs.--Of the amount
        awarded to an eligible entity under a grant under this
        subtitle, not more than 5 percent of the amount may be used for
        the costs of administration.
    ``(d) Eligible Individuals.--
            ``(1) In general.--Each eligible entity shall establish
        eligibility criteria for individuals for worker recovery
        accounts in accordance with this subsection.
            ``(2) Eligibility criteria requirements.--
                    ``(A) In general.--An individual shall be eligible
                to receive a worker recovery account under a grant
                awarded under this subtitle if the individual--
                            ``(i)(I) was employed in a county in
                        Mississippi or Alabama, or a parish in
                        Louisiana, where a major disaster has been
                        declared under section 401 of the Robert T.
                        Stafford Disaster Relief and Emergency
                        Assistance Act (42 U.S.C. 5170) as a result of
                        Hurricane Katrina and where the President has
                        determined payment of assistance under section
                        410(a) of such Act is warranted; or
                            ``(II) was employed in a county in Texas or
                        a parish in Louisiana where a major disaster
                        has been declared under section 401 of the
                        Robert T. Stafford Disaster Relief and
                        Emergency Assistance Act as a result of
                        Hurricane Rita and where the President has
                        determined payment of assistance under section
                        410(a) of such Act is warranted;
                            ``(ii) has lost the employment described in
                        clause (i) as a direct result of a Hurricane
                        Katrina or Hurricane Rita; and
                            ``(iii) either
                                    ``(I)(aa) has been identified by
                                the State pursuant to section 303(j)(1)
                                of the Social Security Act (42 U.S.C.
                                503(j)(1)) as likely to exhaust regular
                                unemployment compensation and in need
                                of job search assistance to make a
                                successful transition to new
                                employment;
                                            ``(bb) is receiving regular
                                        unemployment compensation as
                                        defined in section 205(2) of
                                        the Federal-State Extended
                                        Unemployment Compensation Act
                                        of 1970; and
                                            ``(cc) filed the claim for
                                        unemployment compensation not
                                        later than 9 months after the
                                        declaration of the major
                                        disaster described in clause
                                        (i); or
                                    ``(II) is receiving disaster
                                unemployment assistance under section
                                410(a) of the Robert T. Stafford
                                Disaster Relief and Emergency
                                Assistance Act (42 U.S.C. 5177(a)).
                    ``(B) Additional eligibility and priority
                criteria.--An eligible entity may establish criteria
                that are in addition to the criteria described in
                subparagraph (A) for the eligibility of individuals to
                receive a worker recovery account under this subtitle.
                An eligible entity may also establish criteria for
                priority in the provision of a worker recovery account
                to such eligible individuals under a grant awarded
                under this subtitle.
            ``(3) No individual entitlement.--Nothing in this subtitle
        shall be construed to entitle any individual to receive a
        worker recovery account.
    ``(e) Administration.--
            ``(1) Information and attestation.--Prior to the
        establishment of a worker recovery account for an eligible
        individual, the eligible entity receiving a grant, through the
        one-stop delivery system in the participating local area or
        areas, shall ensure that the individual--
                    ``(A) is informed of the requirements applicable to
                the worker recovery account, including the allowable
                uses of funds from the account, the limitations on
                access to services described in section 196B and a
                description of such services, and the conditions for
                receiving a reemployment bonus;
                    ``(B) has the option to develop a worker recovery
                plan which will identify the employment goals and
                appropriate combination of services selected by the
                individual to achieve the employment goals; and
                    ``(C) signs an attestation that the individual has
                been given the option to develop a worker recovery plan
                in accordance with subparagraph (B), will comply with
                the requirements under this subtitle relating to the
                worker recovery accounts, and will reimburse the
                account or, if the account has been terminated, the
                grant awarded under this subtitle, for any amounts
                expended from the account that are not allowable.
            ``(2) Periodic interviews.--If a recipient exhausts his or
        her rights to any unemployment compensation and the recipient
        has a remaining balance in his or her worker recovery account,
        the one-stop delivery system shall conduct periodic interviews
        with the recipient to assist the recipient in meeting his or
        her individual employment goals.
            ``(3) Use of worker recovery accounts.--The eligible entity
        receiving a grant shall ensure that eligible individuals
        receiving a worker recovery account use the account in
        accordance with section 196B.

``SEC. 196A. APPLICATION FOR GRANTS.

    ``To be eligible to receive a grant under this subtitle, an
eligible entity shall submit an application to the Secretary at such
time, in such manner, and containing such information as the Secretary
may require, including at a minimum--
            ``(1) if the eligible entity is a State--
                    ``(A) assurance that the application was developed
                in conjunction with the local board or boards and chief
                elected officials where the worker recovery accounts
                shall be made available; and
                    ``(B) a description of the methods and procedures
                for providing funds, including administrative funds, to
                local areas where the worker recovery accounts shall be
                made available;
            ``(2) a description of the criteria and methods to be used
        for determining eligibility for the worker recovery account,
        including the additional criteria and priority for service that
        the eligible entity intends to apply, if any, pursuant to
        section 196(d)(2)(B);
            ``(3) a description of the methods or procedures to be used
        to provide eligible individuals information relating to
        services and providers;
            ``(4) a description of safeguards to ensure that funds from
        the worker recovery accounts are used for purposes authorized
        under this subtitle and to ensure the quality and integrity of
        services and providers, consistent with the purpose of
        providing eligible individuals with enhanced flexibility,
        choice, and control in obtaining intensive reemployment,
        training, and supportive services;
            ``(5) a description of how the eligible entity will
        coordinate the activities carried out under this subtitle with
        the employment and training activities carried out under
        section 134 and other activities carried out by local boards
        through the one-stop delivery system in the State or local
        area; and
            ``(6) an assurance that the eligible entity will comply
        with any evaluation and reporting requirements the Secretary
        may require.

``SEC. 196B. USE OF WORKER RECOVERY ACCOUNTS.

    ``(a) Allowable Activities.--
            ``(1) In general.--Subject to the requirements contained in
        paragraphs (2) and (3), a recipient of a worker recovery
        account may use amounts in a worker recovery account to
        purchase 1 or more of the following:
                    ``(A) Intensive services, including those type of
                services specified in section 134(d)(3)(C).
                    ``(B) Training services, including those types of
                services specified in section 134(d)(4)(D).
                    ``(C) Supportive services (except for needs related
                payments) and relocation assistance.
            ``(2) Delivery of services.--The following requirements
        relating to delivery of services shall apply to the grants
        under this subtitle:
                    ``(A) Recipients may use funds from the worker
                recovery account to purchase the services described in
                paragraph (1) through the one-stop delivery system on a
                fee-for-service basis, or through other providers,
                consistent with the safeguards described in section
                196A(d).
                    ``(B) The eligible entity, through the one-stop
                delivery system in the participating local area or
                areas, may pay costs for such services directly on
                behalf of the recipient, through a voucher system,
                through arrangements with private financial
                institutions, or by reimbursement to the recipient upon
                receipt of appropriate cost documentation.
                    ``(C) Each eligible entity, through the one-stop
                delivery system in the participating local area or
                areas, shall make available to recipients information
                on training providers, including information specified
                in section 134(d)(4)(F)(ii), information available to
                the one-stop delivery system on providers of the
                intensive and supportive services described in
                paragraph (1), including child care, and information
                relating to occupations in demand in the local area and
                occupations in demand in the home State of an
                individual who has relocated.
            ``(3) Limitations.--The following limitations shall apply
        with respect to worker recovery accounts under this subtitle:
                    ``(A) Amounts in a worker recovery account may be
                used for up to 1 year from the date of the
                establishment of the account.
                    ``(B) Each recipient shall submit cost
                documentation as required by the one-stop delivery
                system.
                    ``(C) For the 1-year period following the
                establishment of the account, recipients may not
                receive intensive, supportive, or training services
                funded under title I of this Act except on a fee-for-
                services basis as specified in paragraph (2)(A).
                    ``(D) Amounts in a worker recovery account shall be
                nontransferable.
    ``(b) Reemployment Bonus.--
            ``(1) In general.--Subject to paragraph (2), if a recipient
        determined eligible under section 196(d) obtains full-time
        employment before the 13th week of unemployment for which
        unemployment compensation (including disaster unemployment
        assistance) is paid, or if such individual was already
        receiving unemployment compensation (including disaster
        unemployment assistance) on the date of enactment of this
        subtitle and obtains full-time employment before the 13th week
        after the week in which the worker recovery account is
        established, the balance of his or her worker recovery account
        in an amount not to exceed $1,000 shall be provided directly to
        the recipient in cash.
            ``(2) Limitations.--The following limitations shall apply
        with respect to a recipient described in paragraph (1):
                    ``(A) 60 percent of the remaining worker recovery
                account balance as determined under paragraph (1), up
                to a maximum of $600, shall be paid to the recipient at
                the time of employment.
                    ``(B) 40 percent of the remaining worker recovery
                account balance as determined under paragraph (1), up
                to a maximum of $400, shall be paid to the recipient
                after 26 weeks of employment retention.
            ``(3) Exception regarding subsequent employment.--If a
        recipient described in paragraph (1) subsequently becomes
        unemployed due to a lack of work after receiving the portion of
        the reemployment bonus specified under paragraph (2)(A), the
        individual may use the amount remaining in the worker recovery
        account for the purposes described in subsection (a) but may
        not be eligible for additional cash payments under this
        subparagraph.

``SEC. 196C. PROGRAM INFORMATION AND EVALUATION.

    ``(a) Information.--The Secretary may require eligible entities
receiving a grant under this subtitle to collect and report on such
financial, performance, and other program-related information as the
Secretary determines is appropriate to carry out this subtitle,
including the evaluation described in subsection (b).
    ``(b) Evaluation.--
            ``(1) In general.--The Secretary, pursuant to the authority
        provided in section 172, shall, directly or through grants,
        contracts, or cooperative agreement with appropriate entities,
        conduct an evaluation of the activities carried out under any
        grants awarded under this subtitle.
            ``(2) Report.--The Secretary shall report to Congress
        relating to the results of the evaluations required under
        paragraph (1), which shall include any recommendations the
        Secretary deems appropriate with respect to the use of worker
        recovery account as a mechanism to assist individuals in
        obtaining and retaining employment.

``SEC. 196D. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) In General.--There are authorized to be appropriated to carry
out this subtitle $650,000,000 for fiscal year 2006.
    ``(b) Availability of Funds.-- Funds authorized under this subtitle
shall be available for obligation upon the date of enactment of the
appropriation and shall remain available for obligation until September
30, 2006 and for expenditure until September 30, 2007.''.

Output:
Worker Recovery Act of 2005 - Amends the Workforce Investment Act of 1998 to establish a temporary program to provide worker recovery accounts to workers affected by a Gulf hurricane disaster.

Directs the Secretary of Labor to make grants to eligible entities to provide such accounts to eligible individuals affected by Hurricane Katrina or Hurricane Rita, in order to meet such individuals' employment and training needs.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Stopping Over-Criminalization Act of
2015''.

SEC. 2. PURPOSE.

    The purpose of this Act is to reduce the size, scope and complexity
of the Federal criminal code. In order to ensure that honest mistakes
by individuals who are not morally blameworthy do not result in
criminal charges, the Act establishes a default criminal state of mind
requirement for all Federal criminal offenses, and allows a mistake of
law defense for situations in which the defendant did not know, and a
reasonable person would not have known, that the action was a crime.
Currently, Federal crimes, including executive rules that carry
criminal penalties are scattered throughout the Federal code and
register. To enable all Americans to access and view Federal crimes,
the Act requires the creation of a Federal inventory that lists all
Federal criminal offenses, including agency rules that define criminal
offenses. To uphold the role of Congress in defining what constitutes a
Federal crime, the Act holds that no rule of the executive branch
defining or establishing a criminal offense shall have force or effect
unless approved by both branches of Congress.

SEC. 3. CLARIFICATION OF DEFAULT MENS REA FOR FEDERAL OFFENSES.

    (a) In General.--Chapter 1 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 28. Default mens rea requirement
    ``(a) Knowing State of Mind Generally Required.--For the purposes
of a Federal offense, unless otherwise specifically provided in the
provision of law defining the offense, the state of mind required for a
conviction is knowing as to each element of the offense.
    ``(b) Special Rule for Regulatory and Similar Offenses.--In
addition, in the case of an offense, such as a regulatory offense,
where a defendant might reasonably be unaware the conduct could be
criminally punished, the Government must prove the defendant had reason
to know the defendant's conduct was unlawful.''.
    (b) Clerical Amendment.--The table of sections at the beginning of
chapter 1 of title 18, United States Code, is amended by adding at the
end the following new item:

``28. Establishing a default mens rea for Federal offenses.''.

SEC. 4. REQUIRING AN INVENTORY OF ALL FEDERAL CRIMINAL OFFENSES.

    (a) In General.--Chapter 31 of title 28, United States Code, is
amended by adding at the end the following:
``Sec. 530E. Inventory of Federal criminal offenses
    ``(a) Development and Availability.--
            ``(1) Initially.--Not later than one year after the
        enactment of this section, the Attorney General shall develop
        and make available to the public, online and through other
        appropriate means, an inventory of all Federal criminal
        offenses, including violations of agency rules that carry
        criminal penalties.
            ``(2) Updating.--The Attorney General shall update the
        inventory following the subsequent enactment or amendment (or
        the creation by agency rulemaking) of any Federal criminal
        offenses in order to keep the inventory as up to date as
        practicable.
    ``(b) Prohibition of Prosecution of Non-Inventoried Offenses.--
            ``(1) Generally.--Except as provided in paragraph (2), it
        is a defense against a prosecution for any Federal offense that
        the offense is not listed in the inventory as required by this
        section.
            ``(2) Exceptions.--Paragraph (1) does not apply if--
                    ``(A) the Government demonstrates beyond a
                reasonable doubt that a reasonable person would have
                known the conduct that person engaged in was criminal
                in nature; or
                    ``(B) the conduct of the defendant resulted in an
                imminent and foreseeable risk of death or bodily injury
                to another.''.
    (b) Clerical Amendment.--The table of sections at the beginning of
chapter 31 of title 28, United States Code, is amended by adding at the
end the following new item:

``530E. Inventory of Federal criminal offenses.''.

SEC. 5. PRESERVING THE ROLE OF CONGRESS IN DEFINING FEDERAL CRIMES.

    (a) In General.--Chapter 8 of title 5, United States Code, is
amended--
            (1) by inserting before section 801 the following:

           ``SUBCHAPTER I--CONGRESSIONAL REVIEW GENERALLY'';

        and
            (2) by inserting after section 808 the following:

             ``SUBCHAPTER II--RULES WITH CRIMINAL PENALTIES

``Sec. 811. New rules with criminal penalties
    ``(a) Limitation on Taking Effect.--A new rule with criminal
penalties shall not take effect except upon the enactment of a joint
resolution under this subchapter, the matter after the resolving clause
of which is as follows: `That Congress approves the rules submitted by
the _______ relating to ______.'. (The blank spaces being appropriately
filled in).
    ``(b) Proposed Rules To Be Submitted to Congress.--Upon proposing a
rule to which subsection (a) applies, the agency proposing the rule
shall submit to Congress--
            ``(1) a copy of the rule, a concise general statement
        relating to the rule, and the proposed effective date of the
        rule;
            ``(2) a justification for providing criminal penalties,
        including--
                    ``(A) an estimate of the number of expected
                prosecutions annually over a 10-year period;
                    ``(B) the anticipated cost of prosecuting and
                punishing, including by incarceration, offenders;
                    ``(C) a cost-benefit analysis of punishing offenses
                as crimes, rather than lesser violations, including the
                effect on rule compliance, impact on total Federal
                spending, and the impact of incarceration and other
                punishments under the rule on communities.
            ``(3) a criminal rule report for such rule. Such a rule may
        not take effect prior to the final disposition date for such
        criminal rule report.
    ``(c) Referral of Submission.--Upon receipt of a submission under
this section, each House of Congress shall provide copies of the
submission to the chairman and ranking member of each standing
committee with the jurisdiction to report a bill to amend the provision
of law under which the rule is issued.
    ``(d) Deadline for Reporting by Committees.--If, not later than 15
legislative days after the referral in one of the Houses of Congress,
no committee to which a submission is referred under subsection (c)
reports out, either favorably or unfavorably, a joint resolution
approving the rule, the committee to which the submission is referred
is automatically discharged of the resolution of approval.
    ``(e) House of Representatives.--(1) In the House of
Representatives, after the 15-day period described in subsection (d),
it is at any time in order for a motion to proceed to the consideration
of a joint resolution described in subsection (a).
    ``(2) In the House of Representatives, all points of order against
a joint resolution described in subsection (a) shall be considered
waived. The joint resolution shall be debatable for one hour equally
divided and controlled by the chairman and ranking minority member of
the committee of referral. The previous question shall be considered as
ordered on the resolution to final passage without intervening motion,
except one motion to recommit without instructions.
    ``(f) Automatic Discharge.--In the Senate, if the committee to
which is referred a joint resolution described in subsection (a) has
not reported such joint resolution (or an identical joint resolution)
after the 15-day period described in subsection (d), such committee
shall be discharged from further consideration of such joint resolution
and such joint resolution shall be placed on the calendar.
    ``(g) Motion To Proceed and Debate.--(1) In the Senate, when the
committee to which a joint resolution is referred has reported, or when
a committee is discharged (under subsection (f)) from further
consideration of a joint resolution described in subsection (a), it is
at any time thereafter in order (even though a previous motion to the
same effect has been disagreed to) for a motion to proceed to the
consideration of the joint resolution, and all points of order against
the joint resolution (and against consideration of the joint
resolution) are waived. The motion is not subject to amendment, or to a
motion to postpone, or to a motion to proceed to the consideration of
other business. A motion to reconsider the vote by which the motion is
agreed to or disagreed to shall not be in order. If a motion to proceed
to the consideration of the joint resolution is agreed to, the joint
resolution shall remain the unfinished business of the Senate until
disposed of.
    ``(2) In the Senate, debate on the joint resolution, and on all
debatable motions and appeals in connection therewith, shall be limited
to not more than 5 hours, which shall be divided equally between those
favoring and those opposing the joint resolution. A motion further to
limit debate is in order and not debatable. An amendment to, or a
motion to postpone, or a motion to proceed to the consideration of
other business, or a motion to recommit the joint resolution is not in
order.
    ``(3) In the Senate, immediately following the conclusion of the
debate on a joint resolution described in subsection (a), and a single
quorum call at the conclusion of the debate if requested in accordance
with the rules of the Senate, the vote on final passage of the joint
resolution shall occur.
    ``(4) Appeals from the decisions of the Chair relating to the
application of the rules of the Senate to the procedure relating to a
joint resolution described in subsection (a) shall be decided without
debate.
    ``(h) Consideration by the Other House.--If, before the passage by
one House of a joint resolution of that House described in subsection
(a), that House receives from the other House a joint resolution
described in subsection (a), then the following procedures shall apply:
            ``(1) The joint resolution of the other House shall not be
        referred to a committee.
            ``(2) With respect to a joint resolution described in
        subsection (a) of the House receiving the joint resolution--
                    ``(A) the procedure in that House shall be the same
                as if no joint resolution had been received from the
                other House; but
                    ``(B) the vote on final passage shall be on the
                joint resolution of the other House.
    ``(i) Exercise of Rulemaking Power.--This section is enacted by
Congress--
            ``(1) as an exercise of the rulemaking power of the Senate
        and House of Representatives, respectively, and as such it is
        deemed a part of the rules of each House, respectively, but
        applicable only with respect to the procedure to be followed in
        that House in the case of a joint resolution described in
        subsection (a), and it supersedes other rules only to the
        extent that it is inconsistent with such rules; and
            ``(2) with full recognition of the constitutional right of
        either House to change the rules (so far as relating to the
        procedure of that House) at any time, in the same manner, and
        to the same extent as in the case of any other rule of that
        House.
``Sec. 812. Definition
    ``In this subchapter, the term `new rule with criminal penalties'
means a rule or provision of a rule, or an amendment to such a rule or
provision, that--
            ``(1) if violated, may be punished by criminal penalties;
        and
            ``(2) is proposed after the date of enactment of this
        section.''.
    (b) Clerical Amendment.--
            (1) References to chapter conformed.--Sections 801 through
        808 of such title are amended by striking ``chapter'' each
        place such term appears, and inserting ``subchapter''.
            (2) Table of sections.--The table of sections for chapter 8
        of such title is amended as follows:
                    (A) before the item pertaining to section 801,
                insert the following:

            ``subchapter i. congressional review generally'';

                and
                    (B) after the item pertaining to section 808,
                insert the following:

             ``subchapter ii. rules with criminal penalties

``811. Agency reviews of rules with criminal penalties.
``812. Definitions.''.

SEC. 6. NONAPPLICATION OF ACT TO UNIFORM CODE OF MILITARY JUSTICE.

    Nothing in this Act or any amendment made by this Act applies to
any existing or future statute or regulation enacted in, or prescribed
under, the Uniform Code of Military Justice.

Output: Stopping Over-Criminalization Act of 2015 This bill amends the federal criminal code to establish a default mens rea (guilty mind) standard for a federal criminal offense, unless the provision of law that defines such offense specifically provides otherwise. A federal criminal offense conviction requires proof that a defendant acted knowingly with respect to each element of the offense. If a defendant might lack reasonable awareness that conduct (e.g., a regulatory offense) is criminally punishable, then a conviction requires proof that the defendant had reason to know the conduct was unlawful. Additionally, the bill amends the federal judicial code to: (1) require the Department of Justice to develop, publish, and update an inventory of all federal criminal offenses, including agency rules that carry criminal penalties; and (2) prohibit prosecuting a defendant for a non-inventoried federal offense. Finally, it amends the Congressional Review Act to require congressional approval by joint resolution for a new rule with criminal penalties to take effect.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Advancing U.S.-India Defense
Cooperation Act''.

SEC. 2. ENHANCING DEFENSE AND SECURITY COOPERATION WITH INDIA.

    (a) Findings.--Congress finds the following:
            (1) The United States and India face mutual security
        threats and a robust defense partnership is in the interest of
        both countries.
            (2) The relationship between the United States and India
        has developed over the past decade to become a multifaceted,
        major strategic partnership rooted in shared democratic values
        and the promotion of mutual prosperity, greater economic
        cooperation, regional peace, security, and stability.
            (3) In 2012, the Department of Defense began an initiative
        to increase senior-level oversight and engagement on defense
        cooperation between the United States and India, which is
        referred to as the U.S.-India Defense Technology and Trade
        Initiative (DTTI).
            (4) On June 3, 2015, the Government of the United States
        and the Government of India entered into an executive agreement
        entitled ``Framework for the U.S.-India Defense Relationship'',
        which renewed and updated the previous defense framework
        agreement between the United States and India, executed on June
        28, 2005.
            (5) Consistent with the Framework for the U.S.-India
        Defense Relationship and the goals of the DTTI, it is in the
        interest of United States national security to improve defense
        cooperation and the alignment of systems with India, achieve
        greater interaction between the armed forces of both countries,
        increase the flow of technology and investment, develop
        capabilities and partnerships in co-development and co-
        production, and strengthen two-way defense trade.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) the United States-India defense partnership is vital to
        regional and international stability and security;
            (2) the interest of United States national security can be
        improved by further advancing the goals of the Framework for
        the U.S.-India Defense Relationship and the effective operation
        of the DTTI; and
            (3) the President's commitment to enhancing defense and
        security cooperation with India should be considered a priority
        with respect to advancing United States interests in the South
        Asia and greater Indo-Pacific regions.
    (c) Required Actions.--The President should take action to--
            (1) formalize India's status as a major partner of the
        United States;
            (2) designate an official with experience in defense
        acquisition and technology to reinforce and ensure, through
        interagency policy coordination, the success of the Framework
        for the U.S.-India Defense Relationship;
            (3) approve and facilitate the transfer of advanced
        technology in the context of, and in order to satisfy, combined
        military planning with the Indian military for missions such as
        humanitarian assistance and disaster relief, counter piracy,
        and maritime domain awareness;
            (4) strengthen the effectiveness of the DTTI and the
        durability of the Department of Defense's ``India Rapid
        Reaction Cell'';
            (5) resolve issues impeding United States-India defense
        trade, security cooperation, and co-production and co-
        development opportunities;
            (6) collaborate with the Government of India to develop
        mutually agreeable mechanisms to verify the security of defense
        technology information and equipment, such as tailored cyber
        security and end use monitoring arrangements;
            (7) promote policies that will encourage the efficient
        review and authorization of defense sales and exports to India,
        including the treatment of military sales and export
        authorizations to India in a manner similar to that of the
        closest defense partners of the United States;
            (8) pursue greater government-to-government and commercial
        military transactions between the United States and India; and
            (9) support the development and alignment of India's export
        control and procurement regimes with those of the United States
        and multilateral control regimes.
    (d) Military Contingency Plans.--The President is encouraged to
coordinate with India on an annual basis to develop military
contingency plans for addressing threats to mutual security interests
of both countries.
    (e) Assessment Required.--
            (1) In general.--The President shall, on an annual basis,
        carry out an assessment of the extent to which India possesses
        capabilities to execute military operations of mutual interest
        between the United States and India.
            (2) Use of assessment.--The President shall ensure that the
        assessment described in paragraph (1) is used to inform the
        review by the United States of applications to export defense
        articles, defense services, or technical data under the Arms
        Export Control Act (22 U.S.C. 2751 et seq.).
            (3) Form.--The assessment described in paragraph (1) shall,
        to the maximum extent practicable, be in classified form.
    (f) Foreign Military Sales and Export Status Under Arms Export
Control Act.--The Arms Export Control Act (22 U.S.C. 2751 et seq.) is
amended--
            (1) in sections 3(d)(2)(B), 3(d)(3)(A)(i), 3(d)(5),
        36(b)(1), 36(b)(2), 36(b)(6), 36(c)(2)(A), 36(c)(5),
        36(d)(2)(A), 62(c)(1), and 63(a)(2), by inserting ``India,''
        before ``or New Zealand'' each place it appears;
            (2) in section 3(b)(2), by inserting ``the Government of
        India,'' before ``or the Government of New Zealand''; and
            (3) in sections 21(h)(1)(A) and 21(h)(2), by inserting
        ``India,'' before ``or Israel'' each place it appears.

Output: Advancing U.S.-India Defense Cooperation Act This bill expresses the sense of Congress that:   the U.S.-India defense partnership is vital to regional and international stability and security, and  the President's commitment to enhancing defense and security cooperation with India should be considered a priority with respect to advancing U.S. interests in the South Asia and greater Indo-Pacific regions.   The bill declares that the President should:   take action to formalize India's status as a U.S. major partner;   resolve issues impeding U.S.-India defense trade, security cooperation, and coproduction and chemotherapeutic opportunities;  pursue greater U.S.-India government-to-government and commercial military transactions; and  facilitate the transfer of advanced technology with the Indian military for missions such as humanitarian assistance and disaster relief, counter piracy, and maritime domain awareness.  The President is encouraged to coordinate with India annually to develop military contingency plans for addressing threats to mutual security interests. The President shall: (1) annually assess the extent to which India possesses strategic operational capabilities to execute military operations of mutual interest to the United States and India; and (2) ensure that such assessment is used in reviewing applications to sell or export defense articles, defense services, or technical data.  The Arms Export Control Act is amended to extend special foreign military sales status to India.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Enemy Belligerent Interrogation,
Detention, and Prosecution Act of 2010''.

SEC. 2. PLACEMENT OF SUSPECTED UNPRIVILEGED ENEMY BELLIGERENTS IN
              MILITARY CUSTODY.

    (a) Military Custody Requirement.--Whenever within the United
States, its territories, and possessions, or outside the territorial
limits of the United States, an individual is captured or otherwise
comes into the custody or under the effective control of the United
States who is suspected of engaging in hostilities against the United
States or its coalition partners through an act of terrorism, or by
other means in violation of the laws of war, or of purposely and
materially supporting such hostilities, and who may be an unprivileged
enemy belligerent, the individual shall be placed in military custody
for purposes of initial interrogation and determination of status in
accordance with the provisions of this Act.
    (b) Delay for Intelligence Activities.--The Secretary of Defense
and the Director of National Intelligence may, after giving due
consideration to operational needs and requirements to avoid compromise
or disclosure of an intelligence mission or intelligence sources or
methods, jointly authorize an element of the intelligence community
that has initially captured an individual who may be an unprivileged
enemy belligerent or otherwise taken such individual into custody or
placed such individual under the effective control of the United States
to hold, interrogate, or transport such individual. Such individual, if
retained by the United States following that authorization, shall
subsequently be placed into military custody in accordance with
subsection (a).

SEC. 3. INTERROGATION AND DETERMINATION OF STATUS OF SUSPECTED
              UNPRIVILEGED ENEMY BELLIGERENTS.

    (a) Interrogation of High-Value Detainees.--
            (1) In general.--The Director of National Intelligence
        shall, in consultation with the heads of departments and
        agencies of the United States Government containing elements of
        the intelligence community, the Director of the Central
        Intelligence Agency, and the Director of the Federal Bureau of
        Investigation--
                    (A) coordinate the interrogation of high-value
                detainees and individuals who are not in the custody or
                under the effective control of the United States, but
                otherwise meet the definition of a high-value detainee
                under subsection (c);
                    (B) coordinate the preliminary determinations with
                respect to whether or not high-value detainees are
                unprivileged enemy belligerents;
                    (C) be responsible for any interagency group--
                            (i) conducting an interrogation of a high-
                        value detainee or individual who is not in the
                        custody or under the effective control of the
                        United States, but otherwise meets the
                        definition of a high-value detainee under
                        subsection (c); and
                            (ii) making a preliminary determination
                        with respect to whether or not the detainee is
                        an unprivileged enemy belligerent; and
                    (D) before an officer or employee of the Federal
                Government provides the warnings of constitutional
                rights described in Miranda vs. Arizona, 384 U.S. 436
                (U.S. 1966) to a high-value detainee who is suspected
                of terrorism, associated with terrorists, or believed
                to have knowledge of terrorists and who is captured,
                held, or questioned by a department or agency that is
                or contains an element of the intelligence community,
                approve the providing of such warnings to such high-
                value detainee.
            (2) Limitation.--Paragraph (1) shall not apply with respect
        to a detainee who is captured on the battlefield by the Armed
        Forces of the United States, unless the Director of National
        Intelligence determines that such detainee is a high-value
        detainee.
            (3) Certain delegations prohibited.--The Director of
        National Intelligence may not delegate the authority to approve
        the providing of warnings under paragraph (1)(D).
            (4) Preliminary determination with respect to high-value
        detainees.--A determination under paragraph (1)(B) shall be
        based on all intelligence information available. The Director
        of National Intelligence shall submit each such determination
        to the Secretary of Defense and the Attorney General.
            (5) Paramount purpose of interrogations.--An interrogation
        conducted in accordance with this section shall be conducted in
        a manner to accomplish the paramount purpose of protecting
        United States civilians and United States civilian facilities
        through thorough and professional interrogation for
        intelligence purposes.
    (b) Determinations of Status.--
            (1) Final determination.--The Director of National
        Intelligence, the Secretary of Defense, and the Attorney
        General shall jointly submit to the President and to the
        appropriate committees of Congress a final determination as to
        whether or not a high-value detainee for which a preliminary
        determination of status has been made under subsection
        (a)(1)(B) or (a)(1)(C)(ii) is an unprivileged enemy belligerent
        for purposes of this Act. In the event of a disagreement
        between the Director of National Intelligence, the Secretary of
        Defense, and the Attorney General, the President shall make the
        final determination.
            (2) Deadline for determinations.--All actions required
        regarding a high-value detainee under this subsection shall be
        completed as soon as practicable, consistent with intelligence
        collection requirements, after the detainee is placed in
        military custody under section 2.
            (3) Criteria for designation of individuals as high-value
        detainees.--The criteria for designating an individual as a
        high-value detainee based on the following:
                    (A) The potential threat the individual poses for
                an attack on civilians or civilian facilities within
                the United States or upon United States citizens or
                United States civilian facilities abroad at the time of
                capture or when coming under the custody or control of
                the United States.
                    (B) The potential threat the individual poses to
                United States military personnel or United States
                military facilities at the time of capture or when
                coming under the custody or control of the United
                States.
                    (C) The potential intelligence value of the
                individual.
                    (D) Membership in al Qaeda, a terrorist group
                affiliated with al Qaeda, or any other organization
                designated by the Secretary of State as a foreign
                terrorist organization in accordance with section 219
                of the Immigration and Nationality Act (8 U.S.C. 1189).
                    (E) Such other matters as the President considers
                appropriate.
    (c) High-Value Detainee Defined.--In this section, the term ``high-
value detainee'' means an individual placed in military custody under
section 2 that meets criteria for designating an individual as a high-
value detainee based on the criteria referred to in subsection (b)(3),
as determined by the Secretary of Defense.

SEC. 4. LIMITATION ON PROSECUTION OF ALIEN UNPRIVILEGED ENEMY
              BELLIGERENTS.

    (a) Limitation.--No funds appropriated or otherwise made available
to the Department of Justice may be used to prosecute in an Article III
court in the United States, or in any territory or possession of the
United States, any alien who has been determined to be an unprivileged
enemy belligerent under section 3(b)(1).
    (b) Applicability Pending Final Determination of Status.--While a
final determination on the status of an alien high-value detainee is
pending under section 3(b)(1), the alien shall be treated as an
unprivileged enemy belligerent for purposes of subsection (a).

SEC. 5. DETENTION WITHOUT TRIAL OF UNPRIVILEGED ENEMY BELLIGERENTS.

    An individual, including a citizen of the United States, determined
to be an unprivileged enemy belligerent under section 3(b)(1) in a
manner which satisfies Article 5 of the Geneva Convention Relative to
the Treatment of Prisoners of War may be detained without criminal
charges and without trial for the duration of hostilities against the
United States or its coalition partners in which the individual has
engaged, or which the individual has purposely and materially
supported, consistent with the law of war and any authorization for the
use of military force provided by Congress pertaining to such
hostilities.

SEC. 6. DEFINITIONS.

    In this Act:
            (1) Act of terrorism.--The term ``act of terrorism'' means
        an act of terrorism as that term is defined in section 101(16)
        of the Homeland Security Act of 2002 (6 U.S.C. 101(16)).
            (2) Alien.--The term ``alien'' means an individual who is
        not a citizen of the United States.
            (3) Appropriate committees of congress.--The term
        ``appropriate committees of Congress'' means--
                    (A) the Committee on Armed Services, the Committee
                on Homeland Security and Governmental Affairs, the
                Committee on the Judiciary, and the Select Committee on
                Intelligence of the Senate; and
                    (B) the Committee on Armed Services, the Committee
                on Homeland Security, the Committee on the Judiciary,
                and the Permanent Select Committee on Intelligence of
                the House of Representatives.
            (4) Article iii court.--The term ``Article III court''
        means a court of the United States established under Article
        III of the Constitution of the United States.
            (5) Coalition partner.--The term ``coalition partner'',
        with respect to hostilities engaged in by the United States,
        means any State or armed force directly engaged along with the
        United States in such hostilities or providing direct
        operational support to the United States in connection with
        such hostilities.
            (6) Geneva convention relative to the treatment of
        prisoners of war.--The term ``Geneva Convention Relative to the
        Treatment of Prisoners of War'' means the Geneva Convention
        Relative to the Treatment of Prisoners of War, done at Geneva
        August 12, 1949 (6 UST 3316).
            (7) Hostilities.--The term ``hostilities'' means any
        conflict subject to the laws of war, and includes a deliberate
        attack upon civilians and civilian targets protected by the
        laws of war.
            (8) Intelligence community.--The term ``intelligence
        community'' has the meaning given such term under section 3(4)
        of the National Security Act of 1947 (50 U.S.C. 401a(4)).
            (9) Privileged belligerent.--The term ``privileged
        belligerent'' means an individual belonging to one of the eight
        categories enumerated in Article 4 of the Geneva Convention
        Relative to the Treatment of Prisoners of War.
            (10) Unprivileged enemy belligerent.--The term
        ``unprivileged enemy belligerent'' means an individual (other
        than a privileged belligerent) who--
                    (A) has engaged in hostilities against the United
                States or its coalition partners;
                    (B) has purposely and materially supported
                hostilities against the United States or its coalition
                partners; or
                    (C) was a part of al Qaeda at the time of capture.

SEC. 7. EFFECTIVE DATE.

    This Act shall take effect on the date of the enactment of this
Act, and shall apply with respect to individuals who are captured or
otherwise come into the custody or under the effective control of the
United States on or after that date.

Output:
Enemy Belligerent Interrogation, Detention, and Prosecution Act of 2010 - Requires an individual who is suspected of engaging in hostilities against the United States or its coalition partners through an act of terrorism and who may be an unprivileged enemy belligerent to be placed in military custody for purposes of initial interrogation and determination of status. Defines "unprivileged enemy belligerent" as an individual who: (1) has engaged in hostilities against the United States or its coalition partners; (2) has purposely and materially supported hostilities against the United States or its coalition partners; or (3) was a part of al Qaeda at the time of capture. Authorizes the Secretary of Defense and the Director of National Intelligence to hold, interrogate, or transport an unprivileged enemy belligerent to avoid compromising intelligence activities.

 Requires the Director of National Intelligence, in consultation with members of the intelligence community, the Director of the Central Intelligence Agency (CIA), and the Federal Bureau of Investigation (FBI), to coordinate the interrogation and status determination of high value detainees. Designates certain individuals held in military custody as "high value detainees," based upon the potential threat such individuals pose for an attack on the United States, its civilians, or military personnel, the potential intelligence value of such individuals, or membership in al Qaeda, an affiliated terrorist group, or any other designated terrorist organization. Deems as the paramount purpose of such interrogations the protection of U.S. civilians and facilities through thorough and professional interrogation for intelligence purposes.

Prohibits the use of Department of Justice (DOJ) appropriated funds to prosecute an unprivileged enemy belligerent in an Article III court.

Allows the detention of an unprivileged enemy belligerent without criminal charges or trial for the duration of hostilities against the United States or its coalition partners in which such enemy belligerent has engaged or which the individual has purposely and materially supported.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Veterans' Benefits Programs
Modification Act of 2001''.

SEC. 2. EXCLUSION OF CERTAIN ADDITIONAL INCOME FROM DETERMINATIONS OF
              ANNUAL INCOME FOR PENSION PURPOSES.

    (a) Life Insurance Proceeds.--Section 1503(a) of title 38, United
States Code, is amended--
            (1) in paragraph (9), by striking ``and'' at the end;
            (2) in paragraph (10), by striking the period at the end
        and inserting a semicolon; and
            (3) by adding at the end the following new paragraph (11):
            ``(11) proceeds of any life insurance policy of a veteran;
        and''.
    (b) Other Non-Recurring Income.--That section is further amended by
inserting after paragraph (11), as added by subsection (a)(3) of this
section, the following new paragraph (12):
            ``(12) any other non-recurring income from any source.''.
    (c) Effective Date.--The amendments made by this section shall take
effect on January 1, 2002, and shall apply with respect to
determinations of annual income under section 1503 of title 38, United
States Code, as so amended, on or after that date.

SEC. 3. EFFECTIVE DATES OF AWARDS AND REDUCTIONS AND DISCONTINUANCES OF
              BENEFITS.

    (a) Repeal of 45-Day Rule for Effective Date of Award of Death
Pension.--Section 5110(d) of title 38, United States Code, is amended--
            (1) by striking ``(1)''; and
            (2) by striking paragraph (2).
    (b) Effective Date of Change in Recurring Income for Benefits
Purposes.--Section 5112(b)(4) of that title is amended by striking
subparagraph (A) and inserting the following new subparagraph (A):
                    ``(A) change in recurring income will be the last
                day of the calendar year in which the change occurred
                (with the pension rate for the following calendar year
                based on all anticipated countable income); and''.

SEC. 4. TIME LIMITATION ON RECEIPT OF CLAIM INFORMATION PURSUANT TO
              REQUEST BY DEPARTMENT OF VETERANS AFFAIRS.

    (a) In General.--Section 5102 of title 38, United States Code, is
amended by adding at the end the following new subsection:
    ``(c) Time Limitation.--(1) If information that a claimant and the
claimant's representative, if any, are notified under section 5103(a)
of this title is necessary to complete an application is not received
by the Secretary within one year from the date of such notification, no
benefit may be paid or furnished by reason of the claimant's
application.
    ``(2) This subsection shall not apply to any application or claim
for Government life insurance benefits.''.
    (b) Repeal of Superseded Provisions.--Section 5103 of that title is
amended--
            (1) by striking ``(a) Required Information and Evidence.--
        ''; and
            (2) by striking subsection (b).
    (c) Effective Date.--The amendments made by this section shall take
effect as if enacted on November 9, 2000, immediately after the
enactment of the Veterans Claims Assistance Act of 2000 (Public Law
106-475; 114 Stat. 2096).

SEC. 5. CLARIFICATION OF EFFECTIVE DATE OF MODIFICATIONS OF DUTY TO
              ASSIST.

    (a) Clarification.--Section 7 of the Veterans Claims Assistance Act
of 2000 (Public Law 106-475; 114 Stat. 2096; 38 U.S.C. 5107 note) is
amended--
            (1) in subsection (a)--
                    (A) in the matter preceding paragraph (1), by
                striking ``the provisions of section 5107 of title 38,
                United States Code, as amended by section 4 of this
                Act'' and inserting ``the amendments to chapter 51 of
                title 38, United States Code, made by this Act''; and
                    (B) in paragraph (2), by striking
                ``and not final as of that date'' and inserting ``in
                which a decision had not been issued by the Secretary
                of Veterans Affairs before that date''; and
            (2) in subsection (b)--
                    (A) by striking ``Rule for Claims the Denial of
                Which Became Final After the Court of Appeals for
                Veterans Claims Decision in the Morton Case.--(1)'' and
                inserting ``(1)''; and
                    (B) in paragraph (2), by striking
                ``that--'' and all that follows through the end of the
                paragraph and inserting the following: ``that--
                    ``(A) became final during the period beginning on
                July 14, 1999, and ending on the date of the enactment
                of this Act and was issued by the Secretary or a court
                because the claim was not well grounded (as that term
                was used in section 5107(a) of title 38, United States
                Code, as in effect during that period); or
                    ``(B) did not become final before the date of the
                enactment of this Act.''.
    (b) Effective Date.--The amendments made by subsection (a) shall
take effect as if included in the enactment of the Veterans Claims
Assistance Act of 2000, to which such amendments relate.

SEC. 6. PROHIBITION ON PROVIDING CERTAIN BENEFITS WITH RESPECT TO
              VETERANS WHO ARE FUGITIVE FELONS.

    (a) Prohibition.--(1) Chapter 53 of title 38, United States Code,
is amended by inserting after section 5313A the following new section:
``Sec. 5313B. Prohibition on providing certain benefits with respect to
              veterans who are fugitive felons
    ``(a) A veteran described in subsection (b), or dependent of the
veteran, who is otherwise eligible for a benefit described in
subsection (c) may not be paid or otherwise provided such benefit
during any period in which the veteran is a fugitive as described in
subsection (b).
    ``(b)(1) A veteran described in this subsection is a veteran who is
a fugitive by reason of--
            ``(A) fleeing to avoid prosecution, or custody or
        confinement after conviction, for an offense, or an attempt to
        commit an offense, which is a felony under the laws of the
        place from which the veteran flees; or
            ``(B) violating a condition of probation or parole imposed
        under Federal or State law.
    ``(2) For purposes of this subsection, the term `felony' includes a
high misdemeanor under the laws of a State which characterizes as high
misdemeanors offenses that would be felony offenses under Federal law.
    ``(c) A benefit described in this subsection is any benefit under
the following:
            ``(1) Chapter 11 of this title.
            ``(2) Chapter 15 of this title.
            ``(3) Chapter 17 of this title.
            ``(4) Chapter 19 of this title.
            ``(5) Chapters 30, 31, 32, and 34 of this title.
            ``(6) Chapter 37 of this title.
    ``(d)(1) The Secretary shall furnish to any Federal, State, or
local law enforcement official, upon the written request of such
official, the most current address maintained by the Secretary of a
veteran who is eligible for a benefit described in subsection (c) if
such official--
            ``(A) provides the Secretary such information as the
        Secretary may require to fully identify the veteran;
            ``(B) identifies the veteran as being a fugitive described
        in subsection (b); and
            ``(C) certifies to the Secretary that the location and
        apprehension of the veteran is within the official duties of
        such official.
    ``(2) The Secretary shall enter into memoranda of understanding
with Federal law enforcement agencies, and may enter into agreements
with State and local law enforcement agencies, for purposes of
furnishing information to such agencies under paragraph (1).''.
    (2) The table of sections at the beginning of that chapter is
amended by inserting after the item relating to section 5313A the
following new item:

``5313B. Prohibition on providing certain benefits with respect to
                            veterans who are fugitive felons.''.
    (b) Sense of Congress on Entry Into Memoranda of Understanding and
Agreements.--It is the sense of Congress that the memoranda of
understanding and agreements referred to in section 5313B(d)(2) of
title 38, United States Code (as added by subsection (a)), should be
entered into as soon as practicable after the date of the enactment of
this Act, but not later than six months after that date.

SEC. 7. LIMITATION ON PAYMENT OF COMPENSATION FOR VETERANS REMAINING
              INCARCERATED FOR FELONIES COMMITTED BEFORE OCTOBER 7,
              1980.

    (a) Limitation.--Notwithstanding any other provision of law, the
payment of compensation to or with respect to a veteran described in
subsection (b) shall, for the remainder of the period of incarceration
of the veteran described in that subsection, be subject to the
provisions of section 5313 of title 38, United States Code, other than
subsection (d) of that section.
    (b) Covered Veterans.--A veteran described in this subsection is
any veteran entitled to compensation who--
            (1) was incarcerated on October 7, 1980, for a felony
        committed before that date; and
            (2) remains incarcerated for conviction of that felony
        after the date of the enactment of this Act.
    (c) Effective Date.--This section shall take effect 90 days after
the date of the enactment of this Act, and shall apply with respect to
the payment of compensation for months beginning on or after that date.
    (d) Compensation Defined.--For purposes of this section, the term
``compensation'' shall have the meaning given that term in section 5313
of title 38, United States Code.

SEC. 8. ELIGIBILITY FOR SURVIVORS' AND DEPENDENTS' EDUCATIONAL
              ASSISTANCE OF SPOUSES AND SURVIVING SPOUSES OF VETERANS
              WITH TOTAL SERVICE-CONNECTED DISABILITIES.

    (a) Designation of Eligibility.--Section 3501(a)(1)(D) of title 38,
United States Code, is amended--
            (1) by inserting ``(i)'' after ``(D)''; and
            (2) by inserting ``(ii)'' after ``or''.
    (b) Restatement and Expansion of Treatment of Use of Eligibility.--
(1) Section 3511 of that title is amended by adding at the end the
following new subsection:
    ``(c) Any entitlement used by any eligible person as a result of
eligibility under section 3501(a)(1)(A)(iii), 3501(a)(1)(C), or
3501(a)(1)(D)(i) of this title shall be deducted from any entitlement
to which such person may subsequently become entitled under this
chapter.''.
    (2) Section 3512 of that title is amended by striking subsection
(g).
    (c) Delimiting Period.--
            (1) In general.--Section 3512(b) of that title is amended--
                    (A) by striking paragraph (1) and inserting the
                following new paragraph (1):
    ``(1)(A) Except as provided in subparagraph (B), a person made
eligible by subparagraph (B) or (D) of section 3501(a)(1) of this title
may be afforded educational assistance under this chapter during the
10-year period beginning on the date (as determined by the Secretary)
the person became an eligible person within the meaning of section
3501(a)(1)(B), 3501(D)(i), or 3501(D)(ii) of this title. In the case of
a surviving spouse made eligible by clause (ii) of section
3501(a)(1)(D) of this title, the 10-year period may not be reduced by
any earlier period during which the person was afforded educational
assistance under this chapter as a spouse made eligible by clause (i)
of that section.
    ``(B) Notwithstanding subparagraph (A), an eligible person referred
to in that subparagraph may, subject to the Secretary's approval, elect
a later beginning date for the 10-year period than would otherwise be
applicable to the person under that subparagraph. The beginning date so
elected may be any date between the beginning date determined for the
person under subparagraph (A) and whichever of the following dates
applies:
            ``(i) The date the Secretary notifies the veteran from whom
        eligibility is derived that the veteran has a service-connected
        total disability permanent in nature.
            ``(ii) The date on which the Secretary determines that the
        veteran from whom eligibility is derived died of a service-
        connected disability.''; and
                    (B) by striking paragraph (3).
            (2) Applicability.--The amendment made by paragraph (1)
        shall apply with respect to any determination (whether
        administrative or judicial) of the eligibility of a spouse or
        surviving spouse for educational assistance under chapter 35 of
        title 38, United States Code, made on or after the date of the
        enactment of this Act, whether pursuant to an original claim
        for such assistance or pursuant to a reapplication or attempt
        to reopen or readjudicate a claim for such assistance.

SEC. 9. REPEAL OF FISCAL YEAR LIMITATION ON NUMBER OF VETERANS IN
              PROGRAMS OF INDEPENDENT LIVING SERVICES AND ASSISTANCE.

    (a) Repeal of Limitation.--Section 3120(e) of title 38, United
States Code, is amended by striking ``Programs'' and all that follows
through ``such programs'' and inserting ``First priority in the
provision of programs of independent living services and assistance
under this section''.
    (b) Effective Date.--The amendment made by subsection (a) shall
take effect on September 30, 2001.

SEC. 10. INCREASE IN HOME LOAN GUARANTY AMOUNT FOR CONSTRUCTION AND
              PURCHASE OF HOMES.

    Section 3703(a)(1) of title 38, United States Code, is amended by
striking ``$50,750'' each place it appears in subparagraphs (A)(i)(IV)
and (B) and inserting ``$63,175''.

Output: Veterans' Benefits Programs Modification Act of 2001 - Amends Federal veterans' benefits provisions to: (1) exclude from annual income, for purposes of eligibility for veterans' pension, the proceeds of any life insurance policy or any other non-recurring income from any source; (2) repeal a provision providing an effective date for the award of death pension for which application is received within 45 days of such death; (3) provide an effective date for the reduction or discontinuance of compensation or pension by reason of a change in recurring income; (4) prohibit the payment of any benefit if information required of a claimant is not received by the Secretary of Veterans Affairs within one year; (5) prohibit veterans who are fugitive felons, or their dependents, from receiving any veterans' benefit during such fugitive period (requiring the Secretary to enter into a memorandum of understanding with State and local law enforcement agencies to furnish latest address information on such veteran); (6) prohibit payment of compensation to veterans remaining incarcerated for felonies committed before October 7, 1980; (7) revise, generally, the delimiting period for the use of educational assistance by a veteran with a total service-connected disability or by his or her survivors or dependents; (8) repeal the 500 per fiscal year limit on the number of veterans authorized to participate in programs of independent living services and assistance; and (9) increase from $50,750 to $63,175 the veterans home loan guaranty limit.


Input:
SECTION 1. AMENDMENTS TO THE CIVIL SERVICE RETIREMENT SYSTEM.

    (a) In General.--(1) Chapter 83 of title 5, United States Code, is
amended by inserting after section 8339 the following new section:
``Sec. 8339a. Survivor elections; deposit; offsets
    ``(a)(1) An individual who makes an election under section
8339(j)(3), (j)(5)(C), or (k)(2) shall deposit into the Fund an amount
determined by the Office of Personnel Management (as nearly as may be
administratively feasible) to reflect the amount by which the annuity
of such individual would have been reduced if the election had been in
effect since the date of retirement (or, if later, in the case of an
election under section 8339(j)(5)(C), since the date the previous
reduction in the annuity of such individual was terminated under
section 8339(j)(5) (A) or (B)), plus interest.
    ``(2) Interest under paragraph (1) shall be computed at the rate of
6 percent a year.
    ``(b)(1) The Office shall by regulation provide for payment of any
deposit or combination of deposits required under subsection (a) by a
reduction in the annuity of the employee or Member.
    ``(2) The reduction shall, to the extent practicable, be designed
such that the present value of the future reductions is actuarially
equivalent to the present value of the deposit or combination of
deposits required under subsection (a), except that the total reduction
under this section may not exceed 25 percent of the annuity computed
under subsections (a)-(i), (n), (p), and (q) of section 8339, adjusted
under section 8340.
    ``(3) A reduction under this section--
            ``(A) shall be effective as of the effective date of the
        election under section 8339(j)(3), (j)(5)(C), or (k)(2), as the
        case may be;
            ``(B) shall not be terminated on account of a change in
        marital status or for any other reason; and
            ``(C) shall be in addition to any reduction made under
        section 8339(j)(4) or (k)(1).
    ``(c) Subsections (a) and (b) shall not apply with respect to an
election under section 8339(j)(5)(C) or (k)(2) if--
            ``(1) the employee or Member makes such election after
        having made an election under section 8339(k)(1); and
            ``(2) the election under section 8339(k)(1) becomes void
        under section 8339(j)(5)(C)(iv) or (k)(2)(B).
    ``(d) That the total amount withheld under this section from the
annuity of an employee or Member, as of time of death or other annuity-
terminating event, is less than the amount described in subsection (a)
(including interest) shall not affect either the entitlement of such
employee's or Member's survivor to receive the annuity elected for such
survivor under section 8339(j)(3), (j)(5)(C), or (k)(2) (as the case
may be) or the amount of such survivor annuity.''.
    (2) The table of sections for chapter 83 of title 5, United States
Code, is amended by inserting after the item relating to section 8339
the following:

``8339a. Survivor elections; deposit; offsets.''.
    (b) Technical and Conforming Amendments.--(1) Section 8339(j)(3) of
title 5, United States Code, is amended by striking the second through
fourth sentences and inserting the following: ``An election under this
paragraph shall be made at the time of retirement or, if later, within
2 years after the date on which the marriage of the former spouse to
the employee or Member is dissolved, and shall become effective the
first day of the second month after the election is received by the
Office.''.
    (2) Section 8339(j)(5)(C) of title 5, United States Code, is
amended--
            (A) by amending clause (ii) to read as follows:
    ``(ii) Such election and reduction shall become effective the first
day of the second month after the election is received by the Office,
but not less than 9 months after the date of the remarriage.'';
            (B) by striking clauses (iii) and (vi); and
            (C) by redesignating clauses (iv) and (v) as clauses (iii)
        and (iv), respectively.
    (3) Section 8339(k)(2) of title 5, United States Code, is amended--
            (A) in subparagraph (B)--
                    (i) by striking clause (ii);
                    (ii) by striking ``(B)(i)'' and the first sentence
                thereafter and inserting ``(B) The election and
                reduction shall become effective the first day of the
                second month after the election is received by the
                Office, but not less than 9 months after the date of
                the marriage.''; and
                    (iii) by redesignating subclauses (I) and (II) (of
                former clause (i)) as clauses (i) and (ii),
                respectively; and
            (B) by striking subparagraphs (C) and (D).
    (4) Section 8334(h) of title 5, United States Code, is amended by
striking ``and by section 8339(j)(5)(C) and the last sentence of
section 8339(k)(2) of this title''.

SEC. 2. AMENDMENTS TO THE FEDERAL EMPLOYEES' RETIREMENT SYSTEM.

    (a) In General.--Section 8418 of title 5, United States Code, is
amended--
            (1) in subsection (a)(1) by striking ``which is required to
        be made'' through ``Office'' and inserting ``shall deposit into
        the Fund an amount determined by the Office of Personnel
        Management''; and
            (2) by striking subsections (b) through (d) and inserting
        the following:
    ``(b)(1) The Office shall by regulation provide for payment of the
deposit under subsection (a) by a reduction in the annuity of the
employee or Member.
    ``(2) The reduction shall, to the extent practicable, be designed
such that the present value of the future reductions is actuarially
equivalent to the present value of the deposit or combination of
deposits required under subsection (a), except that the total reduction
in the annuity of the employee or Member to pay any such deposit or
combination of deposits may not exceed 25 percent of the annuity
computed under section 8415, or under section 8452 (including
subsection (a)(2) of such section, if applicable), adjusted under
section 8462.
    ``(3) A reduction under this section--
            ``(A) shall become effective as of the effective date of
        the election under subsection (b) or (c) of section 8416 or
        section 8417(b), as the case may be;
            ``(B) shall not be terminated on account of a change in
        marital status or for any other reason; and
            ``(C) shall be in addition to any reduction under section
        8419(a) or 8420.
    ``(c) Subsections (a) and (b) shall not apply with respect to an
election under section 8416 or 8417(b) if--
            ``(1) the employee or Member makes such election after
        having made an election under section 8420; and
            ``(2) the election under section 8420 becomes void under
        section 8416 (b)(3) or (c)(2).
    ``(d) That the total amount withheld under this section from the
annuity of an employee or Member, as of time of death or other annuity-
terminating event, is less than the amount described in subsection (a)
(including interest) shall not affect either the entitlement of such
employee's or Member's survivor to receive the annuity elected for such
survivor under section 8416 (b) or (c) or section 8417 (as the case may
be) or the amount of such survivor annuity.''.
    (b) Technical and Conforming Amendments.--(1) Section 8416(b)(2) of
title 5, United States Code, is amended by striking ``be effective''
and inserting ``become effective''.
    (2) The first sentence of section 8416(c)(2) of title 5, United
States Code, is amended to read as follows: ``The election and
reduction shall become effective the first day of the second month
after the election is received by the Office, but not less than 9
months after the date of the marriage.''.
    (3) Section 8417(b)(2) of title 5, United States Code, is amended
to read as follows:
    ``(2) An election under this subsection--
            ``(A) shall be made at the time of retirement or, if the
        marriage is dissolved after the date of retirement, within 2
        years after the date on which the marriage of the former spouse
        to the employee or Member is dissolved; and
            ``(B) shall become effective the first day of the second
        month after the election is received by the Office.''.

SEC. 3. EFFECTIVE DATE.

    (a) In General.--The amendments made by this Act shall take effect
on the first day of the first month beginning at least 30 days after
the date of enactment of this Act, and shall apply to any amount which
first becomes payable on or after that date.
    (b) Regulations.--In the case of a deposit (under any of the
provisions of law amended by this Act) that has not been fully paid
before the effective date of the amendments made by this Act, the
Office of Personnel Management shall by regulation establish procedures
under which reductions similar to those provided for under such
amendments shall be applied with respect to the remaining portion of
such deposit.

Output: Revises Civil Service and Federal Employees' Retirement Systems provisions with respect to the deposit required in the case of an election to provide a survivor annuity to a spouse by a post-retirement marriage or to a former spouse.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Community Choice in Real Estate
Act'' .

SEC. 2. CLARIFICATION THAT REAL ESTATE BROKERAGE AND MANAGEMENT
              ACTIVITIES ARE NOT BANKING OR FINANCIAL ACTIVITIES.

    (a) Bank Holding Company Act of 1956.--Section 4(k) of the Bank
Holding Company Act of 1956 (12 U.S.C. 1843(k)) is amended by adding at
the end the following new paragraph:
            ``(8) Real estate brokerage and real estate management
        activities.--
                    ``(A) In general.--The Board may not determine that
                real estate brokerage activity or real estate
                management activity is an activity that is financial in
                nature, is incidental to any financial activity, or is
                complementary to a financial activity.
                    ``(B) Real estate brokerage activity defined.--For
                purposes of this paragraph, the term `real estate
                brokerage activity' means any activity that involves
                offering or providing real estate brokerage services to
                the public, including--
                            ``(i) acting as an agent for a buyer,
                        seller, lessor, or lessee of real property;
                            ``(ii) listing or advertising real property
                        for sale, purchase, lease, rental, or exchange;
                            ``(iii) providing advice in connection with
                        sale, purchase, lease, rental, or exchange of
                        real property;
                            ``(iv) bringing together parties interested
                        in the sale, purchase, lease, rental, or
                        exchange of real property;
                            ``(v) negotiating, on behalf of any party,
                        any portion of a contract relating to the sale,
                        purchase, lease, rental, or exchange of real
                        property (other than in connection with
                        providing financing with respect to any such
                        transaction);
                            ``(vi) engaging in any activity for which a
                        person engaged in the activity is required to
                        be registered or licensed as a real estate
                        agent or broker under any applicable law; and
                            ``(vii) offering to engage in any activity,
                        or act in any capacity, described in clause
                        (i), (ii), (iii), (iv), (v), or (vi).
                    ``(C) Real estate management activity defined.--For
                purposes of this paragraph, the term `real estate
                management activity' means any activity that involves
                offering or providing real estate management services
                to the public, including--
                            ``(i) procuring any tenant or lessee for
                        any real property;
                            ``(ii) negotiating leases of real property;
                            ``(iii) maintaining security deposits on
                        behalf of any tenant or lessor of real property
                        (other than as a depository institution for any
                        person providing real estate management
                        services for any tenant or lessor of real
                        property);
                            ``(iv) billing and collecting rental
                        payments with respect to real property or
                        providing periodic accounting for such
                        payments;
                            ``(v) making principal, interest,
                        insurance, tax, or utility payments with
                        respect to real property (other than as a
                        depository institution or other financial
                        institution on behalf of, and at the direction
                        of, an account holder at the institution);
                            ``(vi) overseeing the inspection,
                        maintenance, and upkeep of real property,
                        generally; and
                            ``(vii) offering to engage in any activity,
                        or act in any capacity, described in clause
                        (i), (ii), (iii), (iv), (v), or (vi).
                    ``(D) Exception for company property.--This
                paragraph shall not apply to an activity of a bank
                holding company or any affiliate of such company that
                directly relates to managing any real property owned by
                such company or affiliate, or the purchase, sale, or
                lease of property owned, or to be used or occupied, by
                such company or affiliate.
                    ``(E) Current activities not affected.--No
                provision of this paragraph, or any determination made
                pursuant to any such provision, may be construed as
                prohibiting, restricting, altering, or otherwise
                affecting, the right, power, or ability of any
                financial holding company to engage in any activity, or
                acquire or retain the shares of any company engaged in
                an activity, if engaging in such activity, or acquiring
                or retaining such shares, was authorized for financial
                holding companies on December 6, 2001.''.
    (b) Revised Statutes of the United States.--Section 5136A(b) of the
Revised Statutes of the United States (12 U.S.C. 24a(b)) is amended by
adding at the end the following new paragraph:
            ``(4) Real estate brokerage and real estate management
        activities.--
                    ``(A) In general.--The Secretary may not determine
                that real estate brokerage activity or real estate
                management activity is an activity that is financial in
                nature, is incidental to any financial activity, or is
                complementary to a financial activity.
                    ``(B) Definitions.--For purposes of this paragraph,
                the terms `real estate brokerage activity' and `real
                estate management activity' have the same meanings as
                in section 4(k)(8) of the Bank Holding Company Act of
                1956.
                    ``(C) Exception for company property.--This
                paragraph shall not apply to an activity of a national
                bank, or a subsidiary of a national bank, that directly
                relates to managing any real property owned by such
                bank or subsidiary, or the purchase, sale, or lease of
                property owned, or to be owned, by such bank or
                subsidiary.
                    ``(D) Current activities not affected.--No
                provision of this paragraph, or any determination made
                pursuant to any such provision, may be construed as
                prohibiting, restricting, altering, or otherwise
                affecting, the right, power, or ability of any national
                bank, or a subsidiary of a national bank, to engage in
                any activity, or acquire or retain the shares of any
                company engaged in an activity, if engaging in such
                activity, or acquiring or retaining such shares, was
                authorized for national banks, or subsidiaries of
                national banks, on December 6, 2001.''.

Output: Community Choice in Real Estate Act - Amends the Bank Holding Company Act of 1956, and the Revised Statutes of the United States, to prohibit the Board of Governors of the Federal Reserve System and the Secretary of the Treasury, respectively, from determining that real estate brokerage activity or real estate management activity is financial in nature, is incidental to any financial activity, or is complementary to a financial activity. (In effect, prohibits financial holding companies and national banks from engaging, directly or indirectly, in real estate brokerage or real estate management activities.) Exempts from such prohibition: (1) activities of a bank holding company (or any affiliate) that directly relate to managing any real property owned by national banks or their affiliates; and (2) the right, power, or ability of any financial holding company to engage in any activity, or acquire or retain the shares of any company engaged in an activity authorized for financial holding companies on December 6, 2001 ("grandfather clause").


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Firearms Rights, Responsibilities,
and Remedies Act of 1999''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds that--
            (1) the manufacture, distribution, and importation of
        firearms is inherently commercial in nature;
            (2) firearms regularly move in interstate commerce;
            (3) firearms trafficking is so prevalent and widespread in
        and among the States that it is usually impossible to
        distinguish between intrastate trafficking and interstate
        trafficking;
            (4) to the extent firearms trafficking is intrastate in
        nature, it arises out of and is substantially connected with a
        commercial transaction, which, when viewed in the aggregate,
        substantially affects interstate commerce;
            (5) gun violence results in great costs to society,
        including the costs of law enforcement, medical care, lost
        productivity, and loss of life;
            (6) to the extent possible, the costs of gun violence
        should be borne by those liable for them, including
        manufacturers, dealers, and importers;
            (7) in any action to recover the costs associated with gun
        violence to a particular entity or to a given community, it is
        usually impossible to trace the portion of costs attributable
        to intrastate versus interstate commerce;
            (8) the law governing the liability of manufacturers,
        dealers, and importers for gun violence is evolving
        inconsistently within and among the States, resulting in a
        contradictory and uncertain regime that is inequitable and that
        unduly burdens interstate commerce;
            (9) the inability to obtain adequate compensation for the
        costs of gun violence results in a serious commercial
        distortion to a single national market and a stable national
        economy, thereby creating a barrier to interstate commerce;
            (10) it is an essential and appropriate role of the Federal
        Government, under the Constitution of the United States, to
        remove burdens and barriers to interstate commerce;
            (11) because the intrastate and interstate trafficking of
        firearms are so commingled, full regulation of interstate
        commerce requires the incidental regulation of intrastate
        commerce; and
            (12) it is in the national interest and within the role of
        the Federal Government to ensure that manufacturers, dealers,
        and importers can be held liable under Federal law for gun
        violence.
    (b) Purpose.--Based on the power of Congress in clause 3 of section
8 of article I of the Constitution of the United States, the purpose of
this Act is to regulate interstate commerce by--
            (1) regulating the commercial activity of firearms
        trafficking;
            (2) protecting States, units of local government,
        organizations, businesses, and other persons from the adverse
        effects of interstate commerce in firearms;
            (3) establishing a uniform legal principle that
        manufacturers, dealers, and importers can be held liable for
        gun violence; and
            (4) creating greater fairness, rationality, and
        predictability in the civil justice system.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Gun violence.--The term ``gun violence'' means any--
                    (A) actual or threatened unlawful use of a firearm;
                and
                    (B) unintentional discharge of a firearm.
            (2) Incorporated definitions.--The terms ``firearm'',
        ``importer'', ``manufacturer'', and ``dealer'' have the
        meanings given those terms in section 921 of title 18, United
        States Code.
            (3) State.--The term ``State'' means each of the several
        States of the United States, the District of Columbia, the
        Commonwealth of Puerto Rico, the Virgin Islands, Guam, American
        Samoa, and the Commonwealth of the Northern Mariana Islands.
            (4) Unit of local government.--The term ``unit of local
        government'' means any city, town, township, county, parish,
        village, or other general purpose political subdivision of a
        State.

SEC. 4. FEDERAL CAUSE OF ACTION.

    (a) In General.--Notwithstanding any other provision of Federal,
State, or local law, a State, unit of local government, organization,
business, or other person that has been injured by or incurred costs as
a result of gun violence may bring a civil action in a Federal or State
court of original jurisdiction against a manufacturer, dealer, or
importer who knew or reasonably should have known that its design,
manufacturing, marketing, importation, sales, or distribution practices
would likely result in gun violence.
    (b) Remedies.--In an action under subsection (a), the court may
award appropriate relief, including--
            (1) actual damages;
            (2) punitive damages;
            (3) reasonable attorneys' fees and other litigation costs
        reasonably incurred, including the costs of expert witnesses;
        and
            (4) such other relief as the court determines to be
        appropriate.

Output: Firearms Rights, Responsibilities, and Remedies Act of 1999 - Authorizes States, units of local government, organizations, businesses, or other persons that have been injured by or incurred costs as a result of gun violence, notwithstanding Federal, State, or local laws, to bring civil actions in Federal or State courts of original jurisdiction against manufacturers, dealers, or importers who knew or should have known that their design, manufacturing, marketing, importation, sales, or distribution practices would likely result in gun violence.