Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``American History and Civics
Education Act of 2003''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) American history and civics.--The term ``American
        history and civics'' means the key events, key persons, key
        ideas, and key documents that shaped the institutions and
        democratic heritage of the United States of America.
            (2) Chairman.--The term ``Chairman'' means the Chairman of
        the National Endowment for the Humanities.
            (3) Educational institution.--The term ``educational
        institution''--
                    (A) means--
                            (i) an institution of higher education;
                            (ii) an educational institution created by
                        a legislative act of a State for the express
                        purpose of teaching American history and civics
                        to elementary school and secondary school
                        students; or
                            (iii) a nonprofit educational institution,
                        library, or research center; and
                    (B) includes a consortium of entities described in
                subparagraph (A).
            (4) Institution of higher education.--The term
        ``institution of higher education'' has the meaning given the
        term in section 101(a) of the Higher Education Act of 1965 (20
        U.S.C. 1001(a)).
            (5) Key documents.--The term ``key documents'' means the
        documents that established or explained the foundational
        principles of democracy in the United States, including the
        United States Constitution and the amendments to the
        Constitution (particularly the Bill of Rights), the Declaration
        of Independence, the Federalist Papers, and the Emancipation
        Proclamation.
            (6) Key events.--The term ``key events'' means the critical
        turning points in the history of the United States (including
        the encounter of Native Americans with European settlers, the
        American Revolution, the Civil War, the world wars of the
        twentieth century, the civil rights movement, and the major
        court decisions, legislation, literature, and the arts) that
        established democracy and extended its promise in American
        life.
            (7) Key ideas.--The term ``key ideas'' means the ideas that
        shaped the democratic institutions and heritage of the United
        States, including the notions of liberty, equal opportunity,
        individualism, laissez faire, the rule of law, federalism and e
        pluribus unum, the free exercise of religion, the separation of
        church and state, and a belief in progress.
            (8) Key persons.--The term ``key persons'' means the men
        and women who led the United States as Founding Fathers, Native
        American leaders, elected officials, scientists, inventors,
        pioneers, advocates of equal rights, entrepreneurs, and
        artists.
            (9) State.--The term ``State'' means each of the 50 States
        and the District of Columbia.
            (10) Teachers of american history and civics.--The term
        ``teachers of American history and civics'' means kindergarten
        through grade 12 teachers who teach American history,
        government, or civics, or who incorporate such subjects into
        their teaching.

SEC. 3. PRESIDENTIAL ACADEMIES FOR TEACHING OF AMERICAN HISTORY AND
              CIVICS.

    (a) Establishment.--From amounts appropriated under subsection (j),
the National Endowment for the Humanities shall award grants, on a
competitive basis, to educational institutions to establish
Presidential Academies for Teaching of American History and Civics (in
this section referred to as ``Academies'') that shall offer workshops
for teachers of American history and civics--
            (1) to strengthen such teachers' knowledge of the subjects
        of American history and civics; and
            (2) to learn how better to teach such subjects.
    (b) Application.--
            (1) In general.--An educational institution that desires to
        receive a grant under this section shall submit an application
        to the National Endowment for the Humanities at such time, in
        such manner, and containing such information as the National
        Endowment for the Humanities may require.
            (2) Contents.--An application submitted under paragraph (1)
        shall--
                    (A) include the criteria that will be used to
                determine which teachers will be selected to attend
                workshops offered by the Academy;
                    (B) identify the individual the educational
                institution intends to appoint to be the primary
                scholar at the Academy;
                    (C) include a description of the curriculum to be
                used at workshops offered by the Academy; and
                    (D) provide an assurance that the recruitment plan
                for which teachers will be selected to attend workshops
                offered by the Academy will include teachers from
                schools receiving assistance under part A of title I of
                the Elementary and Secondary Education Act of 1965 (20
                U.S.C. 6311 et seq.), particularly those schools with
                high concentrations of students described in section
                1124(c) of such Act.
    (c) Number of Grants.--The National Endowment for the Humanities
shall award not more than 12 grants to different educational
institutions under this section.
    (d) Distribution.--The Chairman shall encourage equitable
distribution of grants under this section among the geographical
regions of the United States.
    (e) Grant Terms.--Grants awarded under this section shall be for a
term of 2 years.
    (f) Use of Funds.--
            (1) Workshops.--
                    (A) In general.--An educational institution that
                receives a grant under this section shall establish an
                Academy that shall offer a workshop during the summer,
                or during another appropriate time, for teachers of
                American history and civics--
                            (i) to strengthen such teachers' knowledge
                        of the subjects of American history and civics;
                        and
                            (ii) to learn how better to teach such
                        subjects.
                    (B) Duration of workshop.--A workshop offered
                pursuant to this section shall be approximately 2 weeks
                in duration.
            (2) Academy staff.--
                    (A) Primary scholar.--Each Academy shall be headed
                by a primary scholar identified in the application
                submitted under subsection (b) who shall--
                            (i) be accomplished in the field of
                        American history and civics; and
                            (ii) design the curriculum for and lead the
                        workshop.
                    (B) Core teachers.--Each primary scholar shall
                appoint an appropriate number of core teachers. At the
                direction of the primary scholar, the core teachers
                shall teach and train the workshop attendees.
            (3) Selection of teachers.--
                    (A) In general.--
                            (i) Number of teachers.--Each year, each
                        Academy shall select kindergarten through grade
                        12 teachers of American history and civics to
                        attend the workshop offered by the Academy.
                            (ii) Flexibility in number of teachers.--
                        Each Academy shall select not more than 300 and
                        not less than 50 teachers under clause (i).
                    (B) Teachers from public and private schools.--An
                Academy may select teachers from public schools and
                private schools to attend the workshop offered by the
                Academy.
    (g) Costs.--
            (1) In general.--Except as provided in paragraph (2), a
        teacher who attends a workshop offered pursuant to this section
        shall not incur costs associated with attending the workshop,
        including costs for meals, lodging, and materials while
        attending the workshop, and may receive a stipend to cover such
        costs.
            (2) Travel costs.--A teacher who attends a workshop offered
        pursuant to this section shall use non-Federal funds to pay for
        such teacher's costs of transit to and from the Academy.
    (h) Evaluation.--
            (1) In general.--At the completion of all of the workshops
        assisted in the third year grants are awarded under this
        section, the National Endowment for the Humanities shall
        conduct an evaluation and submit a report on its findings to
        the relevant committees of Congress.
            (2) Content of evaluation.--The evaluation conducted
        pursuant to paragraph (1) shall--
                    (A) determine the overall success of the grant
                program authorized under this section; and
                    (B) highlight the best grantees' practices in order
                to become models for future grantees.
    (i) Non-Federal Funds.--An educational institution receiving
Federal assistance under this section may contribute non-Federal funds
toward the costs of operating the Academy.
    (j) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $7,000,000 for each of fiscal
years 2004 through 2007.

SEC. 4. CONGRESSIONAL ACADEMIES FOR STUDENTS OF AMERICAN HISTORY AND
              CIVICS.

    (a) Establishment.--From amounts appropriated under subsection (j),
the National Endowment for the Humanities shall award grants, on a
competitive basis, to educational institutions to establish
Congressional Academies for Students of American History and Civics (in
this section referred to as ``Academies'') that shall offer workshops
for outstanding students of American history and civics to broaden and
deepen such students' understanding of American history and civics.
    (b) Application.--
            (1) In general.--An educational institution that desires to
        receive a grant under this section shall submit an application
        to the National Endowment for the Humanities at such time, in
        such manner, and containing such information as the National
        Endowment for the Humanities may require.
            (2) Contents.--An application submitted under paragraph (1)
        shall--
                    (A) include the criteria that will be used to
                determine which students will be selected to attend
                workshops offered by the Academy;
                    (B) identify the individual the educational
                institution intends to appoint to be the primary
                scholar at the Academy;
                    (C) include a description of the curriculum to be
                used at workshops offered by the Academy; and
                    (D) include a description of how the educational
                institution will--
                            (i) inform students from schools receiving
                        assistance under part A of title I of the
                        Elementary and Secondary Education Act of 1965
                        (20 U.S.C. 6311 et seq.), particularly those
                        schools with high concentrations of students
                        described in section 1124(c) of such Act, of
                        the Academy; and
                            (ii) provide such students with information
                        on how to apply to attend workshops offered by
                        the Academy so that such students may attend
                        the workshops.
    (c) Number of Grants.--The National Endowment for the Humanities
shall award not more than 12 grants to different educational
institutions under this section.
    (d) Distribution.--The Chairman shall encourage equitable
distribution of grants under this section among the geographical
regions of the United States.
    (e) Grant Terms.--Grants awarded under this section shall be for a
term of 2 years.
    (f) Use of Funds.--
            (1) Workshops.--
                    (A) In general.--An educational institution that
                receives a grant under this section shall establish an
                Academy that shall offer a workshop during the summer,
                or during another appropriate time, for outstanding
                students of American history, government, and civics to
                broaden and deepen such students' understanding of
                American history and civics.
                    (B) Duration of workshop.--A workshop offered
                pursuant to this section shall be approximately 4 weeks
                in duration.
            (2) Academy staff.--
                    (A) Primary scholar.--Each Academy shall be headed
                by a primary scholar identified in the application
                submitted under subsection (b) who shall--
                            (i) be accomplished in the field of
                        American history and civics; and
                            (ii) design the curriculum for and lead the
                        workshop.
                    (B) Core teachers.--Each primary scholar shall
                appoint an appropriate number of core teachers. At the
                direction of the primary scholar, the core teachers
                shall teach the workshop attendees.
            (3) Selection of students.--
                    (A) Number of students.--Each year, each Academy
                shall select between 100 and 300 eligible students to
                attend the workshop offered by the Academy.
                    (B) Eligible students.--A student shall be eligible
                to attend a workshop offered by an Academy if the
                student--
                            (i) is recommended by the student's
                        secondary school principal (or other head of
                        such student's academic program) to attend the
                        workshop; and
                            (ii) will be a junior or senior in the
                        academic year following attendance at the
                        workshop.
    (g) Costs.--
            (1) In general.--Except as provided in paragraph (2), a
        student who attends a workshop offered pursuant to this section
        shall not incur costs associated with attending the workshop,
        including costs for meals, lodging, and materials while
        attending the workshop.
            (2) Travel costs.--A student who attends a workshop offered
        pursuant to this section shall use non-Federal funds to pay for
        such student's costs of transit to and from the Academy.
    (h) Evaluation.--
            (1) In general.--At the completion of all of the workshops
        assisted in the third year grants are awarded under this
        section, the National Endowment for the Humanities shall
        conduct an evaluation and submit a report on its findings to
        the relevant committees of Congress.
            (2) Content of evaluation.--The evaluation conducted
        pursuant to paragraph (1) shall--
                    (A) determine the overall success of the grant
                program authorized under this section; and
                    (B) highlight the best grantees' practices in order
                to become models for future grantees.
    (i) Non-Federal Funds.--An educational institution receiving
Federal assistance under this section may contribute non-Federal funds
toward the costs of operating the Academy.
    (j) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $14,000,000 for each of fiscal
years 2004 through 2007.

SEC. 5. NATIONAL ALLIANCE OF TEACHERS OF AMERICAN HISTORY AND CIVICS.

    (a) Establishment.--
            (1) In general.--From amounts appropriated under subsection
        (e), the National Endowment for the Humanities shall award 1 or
        more grants to organizations for the creation of a national
        alliance of elementary school and secondary school teachers of
        American history and civics.
            (2) Purpose.--The purpose of the national alliance is--
                    (A) to facilitate the sharing of ideas among
                teachers of American history and civics; and
                    (B) to encourage best practices in the teaching of
                American history and civics.
    (b) Application.--An organization that desires to receive a grant
under this section shall submit an application to the National
Endowment for the Humanities at such time, in such manner, and
containing such information as the National Endowment for the
Humanities may require.
    (c) Grant Term.--A grant awarded under this section shall be for a
term of 2 years and may be reapplied after the initial term expires.
    (d) Use of Funds.--An organization that receives a grant under this
section may use the grant funds for any of the following:
            (1) Creation of a website on the Internet to facilitate
        discussion of new ideas on improving American history and
        civics education.
            (2) Creation of in-State chapters of the national alliance,
        to which individual teachers of American history and civics may
        belong, that sponsors American history and civics activities
        for such teachers in the State.
            (3) Seminars, lectures, or other events focused on American
        history and civics, which may be sponsored in cooperation with,
        or through grants awarded to, libraries, States' humanities
        councils, or other appropriate entities.
            (4) Coordinate activities with other nonprofit educational
        alliances that promote the teaching or study of subjects
        related to American history and civics.
    (e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, and for any administrative
costs associated with carrying out sections 3 and 4, $4,000,000 for
each of fiscal years 2004 through 2007.

            Passed the Senate June 20, 2003.

            Attest:

                                             EMILY J. REYNOLDS,

                                                             Secretary.

Output: American History and Civics Education Act of 2003 - Directs the National Endowment for the Humanities (NEH) to award competitive grants to educational institutions to establish: (1) Presidential Academies for Teaching of American History and Civics to offer workshops for teachers of American history and civics; and (2) Congressional Academies for Students of American History and Civics to offer workshops for outstanding students of American history and civics.Requires such Academies to describe how they will include teachers and students from schools receiving assistance for educationally disadvantaged children under the Elementary and Secondary Education Act of 1965, particularly those schools with high concentrations of students from low-income families.Directs the NEH to award a grant to an organization for the creation of a national alliance of elementary school and secondary school teachers of American history and civics.


Input:
SECTION 1. CONVEYANCE OF MUKILTEO LIGHT STATION, WASHINGTON.

    (a) Authority To Convey.--
            (1) In general.--The Secretary of Transportation shall
        convey to the City of Mukilteo, Washington, by an appropriate
        means of conveyance, all right, title, and interest of the
        United States in and to the Mukilteo Light Station, consisting
        of approximately 1.46 acres of land, the lighthouse structure,
        a garage, 2 dwellings, and an office building.
            (2) Identification of property.--The Secretary may
        identify, describe, and determine the property to be conveyed
        under this subsection.
            (3) Exception.--The Secretary may not convey any historical
        artifact, including any lens or lantern, located on the
        property at or before the time of the conveyance.
    (b) Terms of Conveyance.--
            (1) In general.--The conveyance of property under this
        section shall be made--
                    (A) without payment of consideration; and
                    (B) subject to the conditions required by this
                section and other terms and conditions the Secretary
                may consider appropriate.
            (2) Reversionary interest.--In addition to any term or
        condition established under this section, the conveyance of
        property under this subsection shall be subject to the
        condition that all right, title, and interest in the property
        shall immediately revert to the United States if--
                    (A) the property, or any part of the property--
                            (i) ceases to be used as a nonprofit center
                        for the interpretation and preservation of
                        maritime history;
                            (ii) ceases to be maintained in a manner
                        that ensures its present or future use as a
                        Coast Guard aid to navigation; or
                            (iii) ceases to be maintained in a manner
                        consistent with the provisions of the National
                        Historic Preservation Act of 1966 (16 U.S.C.
                        470 et seq.); or
                    (B) at least 30 days before that reversion, the
                Secretary of Transportation provides written notice to
                the owner that the property is needed for national
                security purposes.
            (3) Maintenance of navigation functions.--A conveyance of
        property under this section shall be made subject to the
        conditions that the Secretary of Transportation considers to be
        necessary to assure that--
                    (A) the lights, antennas, sound signal, electronic
                navigation equipment, and associated lighthouse
                equipment located on the property conveyed, which are
                active aids to navigation, shall continue to be
                operated and maintained by the United States for as
                long as they are needed for this purpose;
                    (B) the owner of the property may not interfere or
                allow interference in any manner with aids to
                navigation without express written permission from the
                Secretary of Transportation;
                    (C) there is reserved to the United States the
                right to relocate, replace, or add any aid to
                navigation or make any changes to the property as may
                be necessary for navigational purposes;
                    (D) the United States shall have the right, at any
                time, to enter the property without notice for the
                purpose of maintaining aids to navigation; and
                    (E) the United States shall have an easement of
                access to and across the property for the purpose of
                maintaining the aids to navigation in use on the
                property.
            (4) Obligation limitation.--The owner of property conveyed
        under this section is not required to maintain any active aid
        to navigation equipment on the property.
            (5) Property to be maintained in accordance with certain
        laws.--The owner of property conveyed under this section shall
        maintain the property in accordance with the National Historic
        Preservation Act of 1966 (16 U.S.C. 470 et seq.) and other
        applicable laws.
    (c) Maintenance Standard.--The owner of any property conveyed under
this section, at its own cost and expense, shall maintain the property
in a proper, substantial, and workmanlike manner.
    (d) Owner Defined.--For purposes of this section, the term
``owner'' means the City of Mukilteo, Washington, and any successor or
assign of the City with respect to property conveyed to the City under
this section.

Output: Directs the Secretary of Transportation to convey all right, title, and interest of the United States in and to the Mukilteo Light Station (including land, the lighthouse structure, a garage, two dwellings, and an office building) to the City of Mukilteo, Washington. Subjects such conveyance to the condition that the lighthouse maintain its navigational functions.


Input:
SECTION 1. IMPLEMENTATION OF PROTECTION AND SERVICES FOR CHILDREN AND
              YOUTHS IN OUT OF HOME CARE.

    (a) In General.--The McKinney-Vento Homeless Assistance Act (42
U.S.C. 11421 et seq.) is amended by adding at the end the following new
subtitle:

 ``Subtitle C--Implementation of Protection and Services for Children
                     and Youths in Out of Home Care

``SEC. 731. STATEMENTS OF POLICY.

    ``Congress declares the following:
            ``(1) Children and youths in out of home care face daunting
        barriers to educational success very similar to those faced by
        children experiencing homelessness. Extension of the
        protections and services of this subtitle to children and
        youths in out of home care, therefore, is crucial, to their
        educational success while ensuring that existing State and
        local educational agency programs serving homeless children and
        youths are protected and are provided with adequate support.
            ``(2) Efforts to improve educational outcomes for children
        and youths in out of home care must be a joint effort of child
        welfare agencies responsible for the welfare of such children
        and youths and the State and local educational agencies
        pursuant to section 732 to provide educational services to such
        children and youths.

``SEC. 732. IMPLEMENTATION OF PROTECTION AND SERVICES FOR CHILDREN AND
              YOUTHS IN OUT OF HOME CARE.

    ``(a) In General.--Not later than two years after the date of the
enactment of this subtitle or the date on which the amount appropriated
under section 726 equals or exceeds $90,000,000, whichever comes first,
each State through the State educational agency and each local
educational agency in the State, in collaboration with the State and
local child welfare agencies in the State, shall provide children and
youths in out of home care with the following:
            ``(1) The opportunity to remain in the school of origin, in
        accordance with subparagraphs (A) and (B) of section 722(g)(3),
        subject to subsection (b) of this section.
            ``(2) Immediate enrollment in the school chosen pursuant to
        section 722(g)(3)(C).
            ``(3) Maintenance and timely transfer of records pursuant
        to section 722(g)(3)(D).
            ``(4) Access to the dispute resolution process pursuant to
        section 722(g)(3)(E).
            ``(5) The assurance that they will not be segregated in a
        separate or stigmatized school or separate program within a
        school based on the status of their being children and youths
        in out of home care, pursuant to subsections (e)(3) and
        (g)(1)(J)(i) of section 722.
            ``(6) Equal access to comparable services as set forth in
        section 722(g)(4), subject to subsection (b) of this section.
            ``(7) Equal access to State-funded and local educational
        agency-funded preschool programs, appropriate secondary
        education and support services, before- and after-school
        programs for which they are eligible, including extracurricular
        activities, pursuant to section 722(g)(1)(F).
            ``(8) Opportunities to meet the same challenging State
        student academic achievement standards that all students are
        expected to meet pursuant to section 722(g)(1)(A).
            ``(9) Coordination of services with local child welfare and
        social service agencies and with local educational agencies on
        inter-district issues pursuant to section 722(g)(5).
    ``(b) Transportation.--A State under this subtitle shall not be
required to ensure that transportation is provided to the school of
origin for a child or youth in out of home care unless such
transportation is otherwise required by law, the responsible child
welfare agency or other entity agrees to reimburse the cost of
providing such transportation, or transportation is required under
section 733.
    ``(c) Implementation of Plan.--Not later than one year after the
date of the enactment of this subtitle, each State educational agency,
in cooperation with the State child welfare agency in the State, shall
submit to the Secretary a plan for the implementation of the
educational rights of children and youths in out of home care. Such
plan shall include the following:
            ``(1) A description of how the State and the local child
        welfare agencies within the State will coordinate and
        collaborate with the State educational agency, the Coordinator
        for Education of Homeless Children and Youths established under
        section 722(d)(3), and the local educational agencies in the
        State, including liaisons designated under section
        722(g)(1)(J)(ii), to ensure the protections and services
        provided under this subtitle will be promptly and effectively
        delivered to children and youths in out of home care, taking
        into account the need to continue serving other children and
        youths eligible for protections and services under this
        subtitle.
            ``(2) A description of the policies and procedures which
        are or will be implemented regarding confidentiality,
        information-sharing, and educational decision-making for such
        children and youths.
            ``(3) A description of the policies and procedures which
        are or will be implemented regarding notice, dispute resolution
        procedures, maintenance of school records, and health records.
            ``(4) A description of specific procedures for school
        enrollment and withdrawal of children and youths in out of home
        care, including a description of who within the child welfare
        agency will work with the local educational agency to ensure
        immediate enrollment of children and youths in out of home care
        and to assist with the smooth transition from school to school.
            ``(5) A description of the numbers and needs of children
        and youths in out of home care who will be eligible for the
        protections and services under subsection (a), including, to
        the extent available, data on the numbers of school-age and
        preschool-age children and youths in out of home care in the
        State by local educational agencies, and data on the extent of
        school mobility of children and youths in out of home care in
        the State.
            ``(6) A description of existing barriers to enrollment,
        attendance, retention, and educational success in school for
        children and youths in out of home care.
            ``(7) A description of efforts in the State to recruit
        foster families and provide placement options that maintain
        children and youths in their schools of origin.
            ``(8) Consistent with subsection (d) and section 722(f)(3),
        data and information regarding children and youths in out of
        home care who are eligible for and are receiving protections
        and services under subsection (a).
            ``(9) A description of the policies and procedures to be
        coordinated with the public child welfare agency that will
        assist unaccompanied youths who are in the custody of such
        public child welfare agency to maintain school enrollment and
        attendance through stable housing.
            ``(10) Pursuant to subsection (b), a description of how
        required transportation services will be provided and
        coordinated.
    ``(d) Additional Secretarial Responsibilities.--
            ``(1) Information.--
                    ``(A) In general.--From funds appropriated under
                section 726, the Secretary, in coordination with the
                Secretary of Health and Human Services, shall, directly
                or through grants, contracts, or cooperative
                agreements, periodically collect and disseminate data
                and information regarding--
                            ``(i) the number and location of children
                        and youths in out of home care;
                            ``(ii) the education and related services
                        such children and youths receive;
                            ``(iii) the extent to which the educational
                        needs of children and youths in out of home
                        care are being met; and
                            ``(iv) such other data and information as
                        the Secretary determines necessary and relevant
                        to carry out this subtitle.
                    ``(B) Coordination.--The Secretary shall coordinate
                such collection and dissemination with other agencies
                and entities that receive assistance and administer
                programs under this subtitle. The Secretary shall also
                coordinate the collection of such data with the data
                collection required under section 724(h).
            ``(2) Report.--Not later than four years after the date of
        the enactment of this subtitle, the Secretary shall submit to
        the President and the Committee on Education and Labor of the
        House of Representatives and the Committee on Health,
        Education, Labor, and Pensions of the Senate a report on the
        status of education of children and youths in out of home care,
        including information on the actions of the Secretary and the
        effectiveness of the programs supported under this subtitle.
    ``(e) Rules of Construction.--
            ``(1) No shifting responsibilities.--Nothing in this
        subtitle is intended to shift responsibilities to State or
        local educational agencies for duties and activities related to
        meeting the educational needs of children and youths in out of
        home care that the State child welfare agency has specifically
        assumed in its State plan submitted pursuant to parts B or E of
        title IV of the Social Security Act (42 U.S.C. 621 et seq. and
        670 et seq.).
            ``(2) No preclusion of early implementation.--Nothing in
        this section shall preclude a State from extending the
        protections under this section to children and youths in out of
        home care before the date that is two years after the date of
        the enactment of this subtitle or the date on which the amount
        appropriated under section 726 equals or exceeds $90,000,000,
        whichever comes first, except that if a State implements such
        protections before either of such dates, the State shall first
        submit the implementation plan required under subsection (c).
    ``(f) Supplement, Not Supplant.--Funds appropriated under this
subtitle shall be used to supplement, not supplant, Federal and non-
Federal funds available through State and local child welfare agencies
for expenses related to the education of children and youths who are in
out of home care.

``SEC. 733. SPECIAL RULE REGARDING TRANSPORTATION FOR CHILDREN AND
              YOUTHS IN OUT OF HOME CARE.

    ``State and local educational agencies shall be required to ensure
that transportation is provided to enable children and youths in out of
home care to remain in their schools of origin as specified under this
subtitle--
            ``(1) when the amount appropriated under section 726 equals
        or exceeds $140,000,000;
            ``(2) such transportation is otherwise required by law; or
            ``(3) the responsible child welfare agency or other entity
        agrees to reimburse the cost of providing such transportation.

``SEC. 734. CHILDREN AND YOUTHS AWAITING FOSTER CARE PLACEMENT.

    ``Nothing in sections 732 and 733 shall be construed to relieve
States or local educational agencies of responsibility under this
subtitle to serve children and youths awaiting foster care placement.

``SEC. 735. ACTION BY COURT.

    ``If the right of the birth or adoptive parent or legal guardian of
a child or youth to make educational decisions for such child or youth
has been terminated or suspended by an order of the court, or if the
birth or adoptive parent or legal guardian cannot be identified or
located after reasonable efforts, is not available with reasonable
promptness to assist in enrollment or placement decisions, or is not
acting in the best educational interests of such child or youth with
respect to enrollment or placement decisions, a court may appoint an
individual to serve as the educational decisionmaker of such child or
youth who shall have the same rights as a parent or guardian under this
subtitle. In making such appointment, if such child or youth is
eligible for services under the Individuals with Disabilities Education
Act, the court shall consider whether the individual who is serving as
the parent or surrogate parent under sections 615(b)(2) and 639(a)(5)
of such Act of such child or youth should serve as the educational
decisionmaker for the purpose of this subtitle.

``SEC. 736. DEFINITIONS.

    ``In this subtitle:
            ``(1) Children and youths in out of home care.--The term
        `children and youths in out of home care' means children and
        youths who are in the custody of a public child welfare agency,
        including foster family homes, kinship care families, group
        homes, and other congregate care facilities.
            ``(2) Parent or guardian.--The term `parent or guardian'
        means, with respect to children or youths in out of home care--
                    ``(A) the birth or adoptive parent or legal
                guardian of such a child or youth, unless such parent's
                or guardian's right to make educational decisions for
                such child or youth has been terminated or suspended by
                a court; or
                    ``(B) the educational decisionmaker appointed by a
                court to make educational decisions for such child or
                youth.''.
    (b) Conforming Amendment.--The table of contents of the McKinney-
Vento Homeless Assistance Act is amended by adding at the end the
following:

 ``Subtitle C--Implementation of Protection and Services for Children
                     and Youths in Out of Home Care

``Sec. 731. Statements of policy.
``Sec. 732. Implementation of protection and services for children and
                            youths in out of home care.
``Sec. 733. Special rule regarding transportation for children and
                            youths in out of home care.
``Sec. 734. Children and youths awaiting foster care placement.
``Sec. 735. Action by court.
``Sec. 736. Definitions.''.

Output:
Amends the McKinney-Vento Homeless Assistance Act to require each state through its state educational agency (SEA) and its local educational agency (LEA), in collaboration with its state and local child welfare agencies, to provide children and youths in out of home care with certain educational protection and services, including: (1) guarantee that they will not be segregated in a separate or stigmatized school or separate program within a school based on their status of being in out of home care; and (2) equal access to the state-funded and LEA-funded preschool programs, appropriate secondary education and support services, and before- and after-school programs for which they are eligible, including extracurricula activities.

Requires SEA- or LEA-provided transportation to the school of origin for such a child or youth only in certain circumstances, and only if the SEA or LEA is reimbursed by the responsible child welfare agency or other entity.


Input:
SECTION 1. FINDINGS.

    The Congress finds the following:
            (1) Elouise Pepion Cobell was born on the Blackfeet
        Reservation on November 5, 1945, with the Indian name ``Little
        Bird Woman''.
            (2) Elouise Cobell is a citizen of the Blackfeet Nation and
        the great-granddaughter of Mountain Chief, a legendary Indian
        leader.
            (3) In 1996, Elouise Cobell filed an historic lawsuit
        against the Federal Government, seeking justice for the
        Government's failure to account for billions of dollars
        received in trust by the United States for the benefit of
        500,000 individual Indians.
            (4) Throughout the prosecution of the suit that bears her
        name, Elouise Cobell led the charge against governmental
        malfeasance, and displayed unyielding resilience in her pursuit
        of justice for this Nation's most vulnerable population.
            (5) After a more than 15-year, tenacious fight with the
        Government, Elouise Cobell agreed to settle the lawsuit in
        December 2009 for $3,400,000,000, making it the largest
        settlement with the Government in American History.
            (6) Education of young people has long been a priority for
        Elouise Cobell. To provide educational opportunities for Indian
        children, Elouise Cobell created, as part of the lawsuit
        settlement, a scholarship fund that will help Indian youth to
        access higher education, academic as well as vocational.
            (7) Elouise Cobell is the recipient of many awards and
        honors. In 1997, she received a ``Genius Grant'' from the John
        D. and Catherine T. MacArthur Foundation's Fellows program, a
        portion of which was used to fund her lawsuit. Elouise Cobell
        received the 2002 International Women's Forum award for ``Women
        Who Make a Difference'' in Mexico City. In 2004, the National
        Center for American Indian Enterprise Development presented her
        with the Jay Silverheels Achievement Award. A year later, she
        received a Cultural Freedom Fellowship from the Lannan
        Foundation, an award that cited her persistence in bringing to
        light the ``more than a century of Government malfeasance and
        dishonesty'' in the Government's mismanagement of the
        Individual Indian Trust. In 2007, she received an AARP Impact
        Award, and in 2011 Elouise Cobell was named ``Montana Citizen
        of the Year'' by the Montana Trial Lawyers Association. She has
        received honorary degrees from Montana State University,
        Rollins College, and Dartmouth College.
            (8) Elouise Cobell is a respected leader in Indian Country
        for civic and economic development. For 13 years, she served
        her own tribal community as treasurer for the Blackfeet Nation,
        and has served on a number of Native American organizational
        boards, including the board of trustees for the National Museum
        of the American Indian. Her contributions to economic
        development in Indian Country are substantial, not the least of
        which is her role in the establishment and management of the
        Native American Bank.
            (9) As a Montanan, Elouise Cobell has stayed invested in
        issues affecting the Montana community by serving as a trustee
        for the Nature Conservancy of Montana, while also working her
        own ranch that produces cattle and crops.
            (10) Elouise Cobell has changed immeasurably the lives of
        individual Indians and women in the United States, North
        America, and around the world through her advocacy efforts to
        obtain justice for the often overlooked population of
        indigenous peoples.
            (11) Elouise Cobell's life and work has shined light on the
        barriers confronted by individual Indians in the United States,
        and her actions not only raise the national awareness of these
        issues, they resolve them.
            (12) Elouise Cobell is an inspiration to women, individual
        American Indians and Alaska Natives, and advocates who seek to
        give voice to the voiceless and most vulnerable across the
        globe.

SEC. 2. CONGRESSIONAL GOLD MEDAL.

    (a) Presentation Authorized.--The President is authorized to
present, on behalf of the Congress, a gold medal of appropriate design
to Elouise Pepion Cobell in recognition of her outstanding and enduring
contributions to the welfare of individual Indians in the United States
and her inspiration to indigenous peoples across the globe.
    (b) Design and Striking.--For the purpose of the presentation
referred to in subsection (a), the Secretary of the Treasury (in this
Act referred to as the ``Secretary'') shall strike a gold medal with
suitable emblems, devices, and inscriptions, to be determined by the
Secretary.

SEC. 3. DUPLICATE MEDALS.

    The Secretary may strike and sell duplicates in bronze of the gold
medal struck pursuant to section 2 under such regulations as the
Secretary may prescribe, and at a price sufficient to cover the cost
thereof, including labor, materials, dies, use of machinery, overhead
expenses, and the cost of the gold medal.

SEC. 4. NATIONAL MEDALS.

    The medals struck pursuant to this Act are national medals for
purposes of chapter 51 of title 31, United States Code.

SEC. 5. AUTHORIZATION OF APPROPRIATIONS; PROCEEDS OF SALE.

    (a) Authorization of Appropriations.--There is authorized to be
charged against the Numismatic Public Enterprise Fund an amount not to
exceed $30,000 to pay for the cost of the medal authorized by this Act.
    (b) Proceeds of Sale.--Amounts received from the sale of duplicate
bronze medals under section 3 shall be deposited in the Numismatic
Public Enterprise Fund.

Output: Authorizes the President, on behalf of Congress, to award a gold medal of appropriate design to Elouise Pepion Cobell in recognition of her outstanding and enduring contributions to the welfare of individual Indians in this country and her inspiration to indigenous peoples across the globe.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Urban Area Security Initiative Grant
Enhancement and Authorization Act of 2006''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) The High Threat Urban Areas program created under
        Public Law 108-7--
                    (A) was devised as an additional response to the
                Nunn-Lugar-Domenici Domestic Preparedness Program
                created under title XIV of the National Defense
                Authorization Act of 1996 (Public Law 104-201), in
                recognizing that certain large urban areas remain high
                threat targets and are inadequately prepared to respond
                to a weapon of mass destruction event;
                    (B) addresses the unique equipment, training,
                planning and exercise needs of selected large high
                threat urban areas; and
                    (C) has become known as the Urban Area Security
                Initiative.
            (2) The allocation of the funds available for fiscal year
        2006 for the Urban Areas Security Initiative grants program of
        the Department of Homeland Security does not reflect the
        original intent of the program.
            (3) The needs-based variable used in the funding formula
        for such allocation is not a proper risk-based variable.
            (4) The allocation of funds for such program should be
        based solely on the risk of terrorist attack, and determined
        based solely on consideration of threat of, vulnerabilities to,
        and consequence of such an attack.

SEC. 3. AUTHORIZATION OF URBAN AREAS SECURITY INITIATIVE GRANTS
              PROGRAM.

    (a) Authorization.--The Secretary of Homeland Security may carry
out an Urban Areas Security Initiative Grants Program (in this section
referred to as the ``Program''), under which the Secretary may make
grants for the same purposes for which grants were made under such a
program with amounts made available to the Department of Homeland
Security for fiscal year 2005.
    (b) Use of Grant.--
            (1) Authorized uses.--A grant under this section may be
        used--
                    (A) to purchase equipment, to provide training, to
                conduct exercises, and to provide technical assistance
                to State and local first responders;
                    (B) to construct, develop, expand, modify, operate,
                or improve facilities to provide training or assistance
                to State and local first responders, including
                construction relating to target hardening,
                communications facilities, emergency command centers,
                or medical response facilities; and
                    (C) if 100 or more personnel in the relevant
                jurisdiction are dedicated exclusively to
                counterterrorism and intelligence activities (including
                detection of, collection and analysis of intelligence
                relating to, investigation of, prevention of, and
                interdiction of suspected terrorist activities), to
                provide reimbursement, consistent with a State plan as
                approved by the Secretary, for expenses related to--
                            (i) such personnel, including overtime pay;
                        and
                            (ii) units dedicated to such activities.
            (2) Limitation.--
                    (A) In general.--A grant under this section may not
                be used to supplant State or local funds that have been
                obligated for homeland security or first responder-
                related projects.
                    (B) Maintenance of expenditures not required.--The
                Secretary may not require an applicant for a grant
                under this section to maintain a level of expenditure
                from year to year as a condition of a grant under this
                section
    (c) Procedures, Terms, and Conditions.--
            (1) In general.--Except as provided in this Act, the
        Secretary shall make grants under the Program in accordance
        with the procedures, terms, and condition under which grants
        were made under such a program with amounts made available to
        the Department of Homeland Security for fiscal year 2005.
            (2) Grant basis.--The Secretary shall make grants under the
        Program based solely on a quantitative assessment of the risk
        of a terrorist attack on high-threat, high-density urban areas
        that considers--
                    (A) threat of a terrorist attack to particular
                assets;
                    (B) vulnerability of particular assets to a
                terrorist attack; and
                    (C) consequences of a terrorist attack.
    (d) Notification of Grant Applicants.--If the Secretary finds any
problem in an application for a grant under the Program to be funded
with amounts available for a fiscal year, the Secretary shall notify
the applicant and provide the applicant an opportunity to correct such
problem before making any grant with such amounts.
    (e) Authority of President.--Any allocation by the Secretary of
funds for grants under the Program, and any approval by the Secretary
of a grant under the Program, is subject to modification by the
President.
    (f) Relationship to Other Law.--Section 1014 of the USA PATRIOT Act
(42 U.S.C. 3714) does not apply with respect to a grant under this
section.

Output:
Urban Area Security Initiative Grant Enhancement and Authorization Act of 2006 - Authorizes the Secretary of the Department of Homeland Security (DHS) to carry out an Urban Areas Security Initiative Grants Program, under which the Secretary may make grants: (1) to purchase equipment, conduct exercises, and provide training and technical assistance to state and local first responders and for facilities to provide training or assistance to responders; and (2) to provide reimbursement for specified expenses if 100 or more personnel in the relevant jurisdiction are dedicated exclusively to counterterrorism and intelligence activities.

Directs the Secretary to make such grants: (1) generally in accordance with the procedures, terms, and conditions under which grants were made under the program in FY2005; and (2) based solely on a quantitative assessment of the risk of a terrorist attack on high-threat, high-density urban areas that considers the threat of a terrorist attack to particular assets and the vulnerability of particular assets to, and the consequences of, such an attack.

Directs the Secretary, upon finding any problem in a grant application, to notify the applicant and provide an opportunity to correct it before making a grant. Makes: (1) fund allocations and grant approvals by the Secretary subject to modification by the President; and (2) provisions of the USA PATRIOT Act regarding the state and local domestic preparedness support grant program inapplicable.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Border and Homeland
Security Act of 2010''.

SEC. 2. PRIORITY DISTRIBUTIONS UNDER THE STATE CRIMINAL ALIEN
              ASSISTANCE PROGRAM.

    Section 241(i) of the Immigration and Nationality Act (8 U.S.C.
1231(i)) is amended by adding at the end the following:
            ``(7) In distributing amounts under this subsection to a
        State or political subdivision of a State for a fiscal year,
        the Attorney General shall prioritize compensating--
                    ``(A) States that are on the northern or southern
                border; or
                    ``(B) political subdivisions of States that, in the
                determination of the Attorney General, have one of the
                4 largest populations of aliens unlawfully present in
                the United States for the preceding fiscal year.''.

SEC. 3. FENCING ALONG AND OPERATIONAL CONTROL OF THE SOUTHWEST BORDER.

    (a) Fencing.--Subparagraph (A) of section 102(b)(1) of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C.
1103 note) is amended by inserting ``not later than December 31,
2012,'' before ``construct''.
    (b) Operational Control.--Subsection (a) of the Secure Fence Act of
2006 (Public Law 109-367) is amended, in the matter preceding paragraph
(1), by striking ``18 months after the date of the enactment of this
Act,'' and inserting ``December 31, 2012,''.

SEC. 4. BORDER PATROL AGENTS.

    The Secretary of Homeland Security shall increase the number of
positions for full-time, active-duty Border Patrol agents over the
number of such agents for the preceding fiscal year as follows:
            (1) Three thousand such agents for fiscal year 2011 (with
        2,500 such agents deployed to the southern border and 500 such
        agents deployed to the northern border).
            (2) One thousand such agents for fiscal year 2012 (with 800
        such agents deployed to the southern border and 200 such agents
        deployed to the northern border).
            (3) One thousand such agents for fiscal year 2013 (with 800
        such agents deployed to the southern border and 200 such agents
        deployed to the northern border).
            (4) One thousand such agents for fiscal year 2014 (with 800
        such agents deployed to the southern border and 200 such agents
        deployed to the northern border).

SEC. 5. CUSTOMS AND BORDER PROTECTION.

    For each of fiscal years 2011, 2012, 2013, and 2014, the Secretary
of Homeland Security shall increase by not fewer than 200 the number of
United States Customs and Border Protection officers at United States
ports of entry over the number of such officers at such ports for the
preceding fiscal year.

SEC. 6. COMPLETE IMPLEMENTATION OF US-VISIT.

    Not later than December 31, 2011, the Secretary of Homeland
Security shall ensure that for the automated entry and exit control
system under section 110 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1365a) for aliens
arriving in or departing from the United States at any port of entry,
the requirement under subsection (a)(1) of such section has been
completely implemented.

SEC. 7. PROHIBITION ON IMPEDING CERTAIN ACTIVITIES OF THE SECRETARY OF
              HOMELAND SECURITY RELATED TO BORDER SECURITY.

    On public lands of the United States, neither the Secretary of the
Interior nor the Secretary of Agriculture may impede, prohibit, or
restrict activities of the Secretary of Homeland Security to achieve
operational control (as defined in section 2(b) of the Secure Fence Act
of 2006 (8 U.S.C. 1701 note; Public Law 109-367)).

SEC. 8. OPERATION STREAMLINE.

    (a) Capacity Expanded.--To the extent necessary to double the
number of Operation Streamline prosecutions that a Federal district
court may consider during a fiscal year, the following actions are
authorized:
            (1) The clerk of each district court described in
        subsection (b)(2) shall appoint under section 751(b) of title
        28, United States Code, in addition to deputies, clerical
        assistants, and employees otherwise appointed under such
        section, any number of deputies, clerical assistants, or
        employees without regard to the requirement under such section
        for approval by the Director of the Administrative Office of
        the United States Courts.
            (2) The chief judge of each district court described in
        subsection (b)(2) may appoint under section 631 of title 28,
        United States Code, in addition to magistrate judges otherwise
        appointed under such section, 1 magistrate judge who meets the
        qualifications under such section.
            (3) Each district judge of each district court described in
        subsection (b)(2) may appoint under section 752 of title 28,
        United States Code, in addition to law clerks otherwise
        appointed under such section, 1 law clerk.
    (b) Operation Streamline Prosecutions.--
            (1) Definition.--For purposes of this section, an
        ``Operation Streamline prosecution'' is any criminal
        prosecution of an alien for an offense under section 275 of the
        Immigration and Nationality Act (8 U.S.C. 1325) in any district
        court described in paragraph (2).
            (2) District courts described.--A district court described
        in this paragraph is the United States district court for any
        of the following:
                    (A) The District of Arizona.
                    (B) The District of New Mexico.
                    (C) The Southern District of California.
                    (D) The Southern District of Texas.
                    (E) The Western District of Texas.

SEC. 9. INCREASED PENALTY FOR ENTRY OF ALIEN AT IMPROPER TIME OR PLACE
              OR MISREPRESENTATION AND CONCEALMENT OF FACTS.

    Section 275 of the Immigration and Nationality Act (8 U.S.C. 1325)
is amended--
            (1) in subsection (a)--
                    (A) by striking ``not more than 6 months, or
                both'';
                    (B) by striking ``not more than 2 years, or both'';
                    (C) by inserting after ``for the first commission
                of any such offense,'' the following: ``be imprisoned
                for not less than 30 days and not more than 6 months,
                and may in addition be''; and
                    (D) by inserting after ``for a subsequent
                commission of any such offense,'' the following: ``be
                imprisoned not less than 6 months and not more than 2
                years, and may in addition be''; and
            (2) by adding at the end the following:
    ``(e) The minimum mandatory terms of imprisonment under subsection
(a) shall not apply to any alien who is--
            ``(1) a child under the age of 18;
            ``(2) a parent traveling with a child under the age of 18;
        or
            ``(3) an alien who has a life-threatening health
        condition.''.

SEC. 10. GLOBAL NUCLEAR DETECTION ARCHITECTURE.

    Section 1902(a) of the Homeland Security Act of 2002 (6 U.S.C.
592(a)) is amended--
            (1) in paragraph (1), by inserting before the semicolon at
        the end the following: ``particularly with respect to potential
        smuggling routes in land border areas between ports of entry,
        railcars entering the United States from Canada or Mexico, and
        private aircraft or small vessels'';
            (2) by redesignating paragraphs (13) and (14) as paragraphs
        (14) and (15), respectively;
            (3) by inserting after paragraph (12) the following new
        paragraph:
            ``(13) develop objectives to be accomplished to carry out
        this subsection, identify roles and responsibilities for
        meeting such objectives, ensure that the funding necessary to
        achieve such objectives is available, and employ monitoring
        mechanisms to determine progress toward achieving such
        objectives;''; and
            (4) in paragraph (14), as so redesignated, by striking
        ``paragraphs (10), (11), and (12)'' and inserting ``this
        subsection''.

SEC. 11. PORTABLE RADIATION DETECTORS AND RADIOACTIVE ISOTOPE
              IDENTIFICATION DEVICES.

    Not later than July 1, 2011, the Secretary of Homeland Security
shall determine the number of next generation portable radiation
detectors (PRD) and radioactive isotope identification devices (RIID)
required by Border Patrol agents patrolling the southern and northern
borders of the United States and procure such detectors and devices.

SEC. 12. PORT SECURITY GRANTS.

    Section 70107(l) of title 46, United States Code, is amended to
read as follows:
    ``(l) Authorization of Appropriations.--
            ``(1) Fiscal years 2007 through 2011.--There are authorized
        to be appropriated $400,000,000 for each of fiscal years 2007
        through 2011 to carry out this section.
            ``(2) Fiscal years 2012 through 2014.--There are authorized
        to be appropriated not less than $500,000,000 for each of
        fiscal years 2012 through 2014 to carry out this section.''.

SEC. 13. STRATEGIC PLAN TO DETECT AND INTERDICT BIOLOGICAL AND CHEMICAL
              WEAPONS.

    (a) In General.--
            (1) Development.--Not later than July 1, 2011, the
        Secretary of Homeland Security shall develop a strategic plan
        (hereinafter in this section referred to as the ``Plan'') to
        detect and interdict biological and chemical weapons entering
        the United States.
            (2) Implementation.--The Secretary shall complete
        implementation of the Plan not later than July 1, 2014.
    (b) Reports to Congress.--
            (1) Initial report.--Not later than July 1, 2011, the
        Secretary shall submit to Congress a report that describes the
        Plan.
            (2) Annual report.--Beginning on July 1, 2012, and annually
        thereafter, the Secretary shall submit reports to Congress on
        the implementation of the Plan.

Output:
National Border and Homeland Security Act of 2010 - Amends the Immigration and Nationality Act to give state criminal alien assistance program (SCAAP) funding priority to: (1) northern or southern border states; or (2) state political subdivisions having one of the four largest populations of unlawfully present aliens for the preceding fiscal year.

Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to direct the Secretary of Homeland Security (DHS) (Secretary) to complete the required 700 mile southwest border fencing by December 31, 2012.

Amends the Secure Fence Act of 2006 to direct the Secretary to achieve operational control over U.S. international land and maritime borders by December 31, 2012.

Directs the Secretary to: (1) increase the number of full-time, active-duty Border Patrol agents; (2) increase the number of Customs and Border Protection officers at U.S. ports of entry; and (3) ensure the implementaion of the automated entry and exit control system for aliens entering the United States at ports of entry (US-Visit) by December 31, 2011.

Prohibits the Secretary of the Interior and the Secretary of Agriculture (USDA) from impeding border security-related activities by the Secretary on U.S. public lands.

Sets forth activities that may be taken to increase the number of Operation Streamline prosecutions by the following U.S. district courts: (1) the District of Arizona; (2) the District of New Mexico (3) the Southern District of California (4) the Southern District of Texas; and (5) the Western District of Texas.

Increases criminal penalties for improper U.S. entry by an alien. Excludes minimum mandatory prison penalties for an alien who: (1) is under 18 years old; (2) is a parent traveling with a child under 18 years old; or (3) has a life-threatening health condition.

Amends the Homeland Security Act of 2002 to direct the Domestic Nuclear Detection Office (of DHS), in protecting the United States from a nuclear, fissile material, or radiological attack, to consider potential smuggling routes in land border areas between ports of entry, railcars entering the United States from Canada or Mexico, and private aircraft or small vessels.

Directs the Secretary to procure the number of next generation portable radiation detectors (PRD) and radioactive isotope identification devices (RIID) required by the Border Patrol along the southern and northern U.S. borders by July 1, 2011.

Authorizes appropriations for port security grants.

Directs the Secretary to develop and implement a strategic plan to detect and interdict biological and chemical weapons entering the United States.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``American Energy Independence and
Domestic Refining Capacity Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The Federal Government has a vested interest in
        promoting domestic energy independence.
            (2) Federal incentives, including public-private
        partnerships, tax incentives, loan guarantees, and direct
        loans, have been used in the past to help foster private sector
        growth in energy related industries.
            (3) Demand for refined petroleum products continues to rise
        as the economy recovers and developing nations increase their
        consumption.
            (4) Due to a variety of factors, the refining industry has
        seen a number of refinery closures.
            (5) These closures leads to a number of difficulties,
        including reduction in short-term supply, longer delivery
        times, higher prices of goods for consumers, increased cost of
        production for businesses, rising home heating prices,
        increased importation of gasoline from foreign countries, and
        less energy independence.
            (6) Reduced refining capacity will only increase pressure
        on the industry to manage supply and meet demand, as domestic
        refining capacity shifts and contracts.
            (7) The location of our refining facilities and
        distribution networks is significant.

SEC. 3. ESTABLISHMENT.

    There is established a commission to be known as the ``Commission
on Energy Independence and Domestic Refining Capacity'' (in this Act
referred to as the ``Commission'').

SEC. 4. REQUESTING STUDIES.

    The President may request the Commission to conduct a study
described in section 5(a) to determine whether the consolidation or
closing of a refinery will result in an adverse decline in the Nation's
domestic refining capacity.

SEC. 5. DUTIES OF THE COMMISSION.

    (a) Studies.--Upon receipt of a request under section 4, the
Commission shall conduct a study to examine--
            (1) the state of the domestic refining industry, including
        the effect of the consolidation or refinery closure on overall
        production, domestic economic growth, and national gas prices;
            (2) the possibilities for the Federal Government to form
        public-private partnerships that would lead to increased
        domestic refining capacity;
            (3) the potential positive and adverse consequences of
        Federal partnerships and incentives on growth within the
        industry;
            (4) the potential benefits of reinvesting a portion of
        revenues from public-private partnerships into energy related
        science, technology, engineering, and mathematics education,
        and seeding future federally funded energy research; and
            (5) the types of Federal incentives that could be used to
        maintain domestic refining capacity including--
                    (A) tax incentives;
                    (B) loan guarantees;
                    (C) direct loans;
                    (D) grants;
                    (E) land grants;
                    (F) credits;
                    (G) cooperative agreements;
                    (H) preferences; and
                    (I) other competitions.
    (b) Report.--Not later than 3 months after the request for a study,
the Commission shall submit to the President and Congress a written
report of the results of the study conducted under subsection (a).

SEC. 6. DUTIES OF THE SECRETARY.

    If the Commission's study finds that a plant consolidation or
closure will have an adverse affect on the Nation's domestic refining
capacity, the Secretary of Energy (in this Act referred to as the
``Secretary'') may offer Federal incentives to prevent the diminishment
of refining capacity. These incentives include--
            (1) formation of public-private partnerships to increase
        the Nation's refining capacity; and
            (2) incentives designed to increase domestic refining
        capacity, including the incentives described in section
        5(a)(5).

SEC. 7. STAFF OF COMMISSION; EXPERTS AND CONSULTANTS.

    (a) Staff.--The Commission may, without regard to section 5311(b)
of title 5, United States Code, appoint and fix the compensation of
such personnel as the Commission considers appropriate.
    (b) Applicability of Certain Civil Service Laws.--The staff of the
Commission may be appointed without regard to the provisions of title
5, United States Code, governing appointments in the competitive
service, and without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of such title relating to classification
and General Schedule pay rates, except that the compensation of any
employee of the Commission may not exceed a rate equal to the annual
rate of basic pay payable for GS-15 of the General Schedule under
section 5332 of title 5, United States Code.
    (c) Experts and Consultants.--The Commission may procure temporary
and intermittent services of experts and consultants under section
3109(b) of title 5, United States Code, but at rates for individuals
not to exceed the daily equivalent of the maximum annual rate of basic
pay under section 5332 of such title.

SEC. 8. MEMBERSHIP.

    (a) Number and Appointment.--
            (1) Appointment.--The Commission shall be composed of nine
        members appointed, not later than 90 days after the date of
        enactment of this Act, as follows:
                    (A) Three members shall be appointed by the
                President.
                    (B) Two members shall be appointed by the Speaker
                of the House of Representatives.
                    (C) One member shall be appointed by the minority
                leader of the House of Representatives.
                    (D) Two members shall be appointed by the President
                pro tempore of the Senate.
                    (E) One member shall be appointed by the minority
                leader of the Senate.
            (2) Qualifications.--All members of the Commission shall be
        persons who are especially qualified to serve on the Commission
        by virtue of their education, training, or experience,
        particularly in the fields of scientific research and
        commercialization.
    (b) Terms.--Each member shall be appointed for the life of the
Commission.
    (c) Vacancies.--A vacancy in the Commission shall not affect the
powers of the Commission and shall be filled in the same manner in
which the original appointment was made.
    (d) Compensation.--Members of the Commission shall be awarded
compensation as follows:
            (1) Rates of pay.--Except as provided in paragraph (2),
        members shall each be paid at a rate equal to the daily
        equivalent of the annual rate of basic pay for grade GS-15 of
        the General Schedule for each day (including travel time)
        during which they are engaged in the actual performance of
        duties vested in the Commission.
            (2) Prohibition of compensation of federal employees.--
        Members of the Commission who are full-time officers or
        employees of the United States or Members of Congress may not
        receive additional pay, allowances, or benefits by reason of
        their service on the Commission.
            (3) Travel expenses.--Each member shall receive travel
        expenses, including per diem in lieu of subsistence, in
        accordance with applicable provisions under subchapter I of
        chapter 57 of title 5, United States Code.
    (e) Quorum.--Four members of the Commission shall constitute a
quorum but a lesser number may hold hearings.
    (f) Chair; Vice Chair.--The Commission shall elect a Chair and Vice
Chair from among its members. The term of office of the Chair and Vice
Chair shall be for the life of the Commission.
    (g) Meetings.--The Commission shall meet at the call of the
President not later than 120 days after the date of enactment of this
Act or not later than 30 days after the date on which legislation is
enacted making appropriations available to carry out this Act,
whichever date is later.

SEC. 9. POWERS OF COMMISSION.

    (a) Hearings and Sessions.--The Commission may, for the purpose of
carrying out this Act, hold hearings, sit and act at times and places,
take testimony, and receive evidence relating to any matter under
investigation by the Commission. The Commission may refer requests for
testimony or evidence that are not fulfilled to the Committee on
Oversight and Government Reform of the House of Representatives or the
Committee on Homeland Security and Governmental Affairs of the Senate.
    (b) Powers of Members and Agents.--Any member or agent of the
Commission may, if authorized by the Commission, take any action which
the Commission is authorized to take by this section.
    (c) Obtaining Official Data.--The Commission may secure directly
from any department or agency of the United States information
necessary to enable it to carry out this Act. Upon request of the Chair
or Vice Chair of the Commission, the head of that department or agency
shall furnish that information to the Commission.
    (d) Administrative Support Services.--The Commission may enter into
agreements with the Administrator of General Services for procurement
of financial and administrative services necessary for the discharge of
the duties of the Commission. Payment for such services shall be made
by reimbursement from funds of the Commission in such amounts as may be
agreed upon by the Chair of the Commission and the Administrator of
General Services.
    (e) Contract Authority.--To the extent or in the amounts provided
in advance in appropriation Acts, the Commission may contract with and
compensate government and private agencies or persons for supplies,
services, and property.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated $10,000,000 to carry out
this Act.

Output:
American Energy Independence and Domestic Refining Capacity Act - Establishes the Commission on Energy Independence and Domestic Refining Capacity, which shall, at the request of the President, conduct a study to determine whether the consolidation or closing of a refinery will result in an adverse decline in the nation's domestic refining capacity.

Requires that such study examine: (1) the state of the domestic refining industry, including the effect of the consolidation or refinery closure on overall production, domestic economic growth, and national gas prices; (2) the possibilities for the federal government to form public-private partnerships that would lead to increased domestic refining capacity; (3) the potential positive and adverse consequences of federal partnerships and incentives on growth within the industry; (4) the potential benefits of reinvesting a portion of revenues from public-private partnerships into energy related science, technology, engineering, and mathematics education, and seeding future federally funded energy research; and (5) the types of federal incentives that could be used to maintain domestic refining capacity.

Requires the Commission to report the results of such study within three months after it is requested. Authorizes the Secretary of Energy (DOE), if the study finds that a plant consolidation or closure will have an adverse effect on the nation's domestic refining capacity, to offer federal incentives to prevent the diminishment of refining capacity.


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

    (a) Short Title.--This Act may be cited as the ``National Pain Care
Policy Act of 2009''.
    (b) Table of Contents.--The table of contents of this Act is as
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Institute of Medicine Conference on Pain.
Sec. 3. Pain research at National Institutes of Health.
Sec. 4. Pain care education and training.
Sec. 5. Public awareness campaign on pain management.

SEC. 2. INSTITUTE OF MEDICINE CONFERENCE ON PAIN.

    (a) Convening.--Not later than June 30, 2010, the Secretary of
Health and Human Services shall seek to enter into an agreement with
the Institute of Medicine of the National Academies to convene a
Conference on Pain (in this section referred to as ``the Conference'').
    (b) Purposes.--The purposes of the Conference shall be to--
            (1) increase the recognition of pain as a significant
        public health problem in the United States;
            (2) evaluate the adequacy of assessment, diagnosis,
        treatment, and management of acute and chronic pain in the
        general population, and in identified racial, ethnic, gender,
        age, and other demographic groups that may be
        disproportionately affected by inadequacies in the assessment,
        diagnosis, treatment, and management of pain;
            (3) identify barriers to appropriate pain care, including--
                    (A) lack of understanding and education among
                employers, patients, health care providers, regulators,
                and third-party payors;
                    (B) barriers to access to care at the primary,
                specialty, and tertiary care levels, including
                barriers--
                            (i) specific to those populations that are
                        disproportionately undertreated for pain;
                            (ii) related to physician concerns over
                        regulatory and law enforcement policies
                        applicable to some pain therapies; and
                            (iii) attributable to benefit, coverage,
                        and payment policies in both the public and
                        private sectors; and
                    (C) gaps in basic and clinical research on the
                symptoms and causes of pain, and potential assessment
                methods and new treatments to improve pain care; and
            (4) establish an agenda for action in both the public and
        private sectors that will reduce such barriers and
        significantly improve the state of pain care research,
        education, and clinical care in the United States.
    (c) Other Appropriate Entity.--If the Institute of Medicine
declines to enter into an agreement under subsection (a), the Secretary
of Health and Human Services may enter into such agreement with another
appropriate entity.
    (d) Report.--A report summarizing the Conference's findings and
recommendations shall be submitted to the Congress not later than June
30, 2011.
    (e) Authorization of Appropriations.--For the purpose of carrying
out this section, there is authorized to be appropriated $500,000 for
each of fiscal years 2010 and 2011.

SEC. 3. PAIN RESEARCH AT NATIONAL INSTITUTES OF HEALTH.

    Part B of title IV of the Public Health Service Act (42 U.S.C. 284
et seq.) is amended by adding at the end the following:

``SEC. 409J. PAIN RESEARCH.

    ``(a) Research Initiatives.--
            ``(1) In general.--The Director of NIH is encouraged to
        continue and expand, through the Pain Consortium, an aggressive
        program of basic and clinical research on the causes of and
        potential treatments for pain.
            ``(2) Annual recommendations.--Not less than annually, the
        Pain Consortium, in consultation with the Division of Program
        Coordination, Planning, and Strategic Initiatives, shall
        develop and submit to the Director of NIH recommendations on
        appropriate pain research initiatives that could be undertaken
        with funds reserved under section 402A(c)(1) for the Common
        Fund or otherwise available for such initiatives.
            ``(3) Definition.--In this subsection, the term `Pain
        Consortium' means the Pain Consortium of the National
        Institutes of Health or a similar trans-National Institutes of
        Health coordinating entity designated by the Secretary for
        purposes of this subsection.
    ``(b) Interagency Pain Research Coordinating Committee.--
            ``(1) Establishment.--The Secretary shall establish not
        later than 1 year after the date of the enactment of this
        section and as necessary maintain a committee, to be known as
        the Interagency Pain Research Coordinating Committee (in this
        section referred to as the `Committee'), to coordinate all
        efforts within the Department of Health and Human Services and
        other Federal agencies that relate to pain research.
            ``(2) Membership.--
                    ``(A) In general.--The Committee shall be composed
                of the following voting members:
                            ``(i) Not more than 7 voting Federal
                        representatives as follows:
                                    ``(I) The Director of the Centers
                                for Disease Control and Prevention.
                                    ``(II) The Director of the National
                                Institutes of Health and the directors
                                of such national research institutes
                                and national centers as the Secretary
                                determines appropriate.
                                    ``(III) The heads of such other
                                agencies of the Department of Health
                                and Human Services as the Secretary
                                determines appropriate.
                                    ``(IV) Representatives of other
                                Federal agencies that conduct or
                                support pain care research and
                                treatment, including the Department of
                                Defense and the Department of Veterans
                                Affairs.
                            ``(ii) 12 additional voting members
                        appointed under subparagraph (B).
                    ``(B) Additional members.--The Committee shall
                include additional voting members appointed by the
                Secretary as follows:
                            ``(i) 6 members shall be appointed from
                        among scientists, physicians, and other health
                        professionals, who--
                                    ``(I) are not officers or employees
                                of the United States;
                                    ``(II) represent multiple
                                disciplines, including clinical, basic,
                                and public health sciences;
                                    ``(III) represent different
                                geographical regions of the United
                                States; and
                                    ``(IV) are from practice settings,
                                academia, manufacturers or other
                                research settings; and
                            ``(ii) 6 members shall be appointed from
                        members of the general public, who are
                        representatives of leading research, advocacy,
                        and service organizations for individuals with
                        pain-related conditions.
                    ``(C) Nonvoting members.--The Committee shall
                include such nonvoting members as the Secretary
                determines to be appropriate.
            ``(3) Chairperson.--The voting members of the Committee
        shall select a chairperson from among such members. The
        selection of a chairperson shall be subject to the approval of
        the Director of NIH.
            ``(4) Meetings.--The Committee shall meet at the call of
        the chairperson of the Committee or upon the request of the
        Director of NIH, but in no case less often than once each year.
            ``(5) Duties.--The Committee shall--
                    ``(A) develop a summary of advances in pain care
                research supported or conducted by the Federal agencies
                relevant to the diagnosis, prevention, and treatment of
                pain and diseases and disorders associated with pain;
                    ``(B) identify critical gaps in basic and clinical
                research on the symptoms and causes of pain;
                    ``(C) make recommendations to ensure that the
                activities of the National Institutes of Health and
                other Federal agencies, including the Department of
                Defense and the Department of Veteran Affairs, are free
                of unnecessary duplication of effort;
                    ``(D) make recommendations on how best to
                disseminate information on pain care; and
                    ``(E) make recommendations on how to expand
                partnerships between public entities, including Federal
                agencies, and private entities to expand collaborative,
                cross-cutting research.
            ``(6) Review.--The Secretary shall review the necessity of
        the Committee at least once every 2 years.''.

SEC. 4. PAIN CARE EDUCATION AND TRAINING.

    Part D of title VII of the Public Health Service Act (42 U.S.C. 294
et seq.) is amended by adding at the end the following new section:

``SEC. 759. PROGRAM FOR EDUCATION AND TRAINING IN PAIN CARE.

    ``(a) In General.--The Secretary may make awards of grants,
cooperative agreements, and contracts to health professions schools,
hospices, and other public and private entities for the development and
implementation of programs to provide education and training to health
care professionals in pain care.
    ``(b) Priorities.--In making awards under subsection (a), the
Secretary shall give priority to awards for the implementation of
programs under such subsection.
    ``(c) Certain Topics.--An award may be made under subsection (a)
only if the applicant for the award agrees that the program carried out
with the award will include information and education on--
            ``(1) recognized means for assessing, diagnosing, treating,
        and managing pain and related signs and symptoms, including the
        medically appropriate use of controlled substances;
            ``(2) applicable laws, regulations, rules, and policies on
        controlled substances, including the degree to which
        misconceptions and concerns regarding such laws, regulations,
        rules, and policies, or the enforcement thereof, may create
        barriers to patient access to appropriate and effective pain
        care;
            ``(3) interdisciplinary approaches to the delivery of pain
        care, including delivery through specialized centers providing
        comprehensive pain care treatment expertise;
            ``(4) cultural, linguistic, literacy, geographic, and other
        barriers to care in underserved populations; and
            ``(5) recent findings, developments, and improvements in
        the provision of pain care.
    ``(d) Program Sites.--Education and training under subsection (a)
may be provided at or through health professions schools, residency
training programs, and other graduate programs in the health
professions; entities that provide continuing education in medicine,
pain management, dentistry, psychology, social work, nursing, and
pharmacy; hospices; and such other programs or sites as the Secretary
determines to be appropriate.
    ``(e) Evaluation of Programs.--The Secretary shall (directly or
through grants or contracts) provide for the evaluation of programs
implemented under subsection (a) in order to determine the effect of
such programs on knowledge and practice of pain care.
    ``(f) Peer Review Groups.--In carrying out section 799(f) with
respect to this section, the Secretary shall ensure that the membership
of each peer review group involved includes individuals with expertise
and experience in pain care.
    ``(g) Pain Care Defined.--For purposes of this section the term
`pain care' means the assessment, diagnosis, treatment, or management
of acute or chronic pain regardless of causation or body location.
    ``(h) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, $5,000,000 for each of the
fiscal years 2010 through 2012. Amounts appropriated under this
subsection shall remain available until expended.''.

SEC. 5. PUBLIC AWARENESS CAMPAIGN ON PAIN MANAGEMENT.

    Part B of title II of the Public Health Service Act (42 U.S.C. 238
et seq.) is amended by adding at the end the following:

``SEC. 249. NATIONAL EDUCATION OUTREACH AND AWARENESS CAMPAIGN ON PAIN
              MANAGEMENT.

    ``(a) Establishment.--Not later than June 30, 2010, the Secretary
shall establish and implement a national pain care education outreach
and awareness campaign described in subsection (b).
    ``(b) Requirements.--The Secretary shall design the public
awareness campaign under this section to educate consumers, patients,
their families, and other caregivers with respect to--
            ``(1) the incidence and importance of pain as a national
        public health problem;
            ``(2) the adverse physical, psychological, emotional,
        societal, and financial consequences that can result if pain is
        not appropriately assessed, diagnosed, treated, or managed;
            ``(3) the availability, benefits, and risks of all pain
        treatment and management options;
            ``(4) having pain promptly assessed, appropriately
        diagnosed, treated, and managed, and regularly reassessed with
        treatment adjusted as needed;
            ``(5) the role of credentialed pain management specialists
        and subspecialists, and of comprehensive interdisciplinary
        centers of treatment expertise;
            ``(6) the availability in the public, nonprofit, and
        private sectors of pain management-related information,
        services, and resources for consumers, employers, third-party
        payors, patients, their families, and caregivers, including
        information on--
                    ``(A) appropriate assessment, diagnosis, treatment,
                and management options for all types of pain and pain-
                related symptoms; and
                    ``(B) conditions for which no treatment options are
                yet recognized; and
            ``(7) other issues the Secretary deems appropriate.
    ``(c) Consultation.--In designing and implementing the public
awareness campaign required by this section, the Secretary shall
consult with organizations representing patients in pain and other
consumers, employers, physicians including physicians specializing in
pain care, other pain management professionals, medical device
manufacturers, and pharmaceutical companies.
    ``(d) Coordination.--
            ``(1) Lead official.--The Secretary shall designate one
        official in the Department of Health and Human Services to
        oversee the campaign established under this section.
            ``(2) Agency coordination.--The Secretary shall ensure the
        involvement in the public awareness campaign under this section
        of the Surgeon General of the Public Health Service, the
        Director of the Centers for Disease Control and Prevention, and
        such other representatives of offices and agencies of the
        Department of Health and Human Services as the Secretary
        determines appropriate.
    ``(e) Underserved Areas and Populations.--In designing the public
awareness campaign under this section, the Secretary shall--
            ``(1) take into account the special needs of geographic
        areas and racial, ethnic, gender, age, and other demographic
        groups that are currently underserved; and
            ``(2) provide resources that will reduce disparities in
        access to appropriate diagnosis, assessment, and treatment.
    ``(f) Grants and Contracts.--The Secretary may make awards of
grants, cooperative agreements, and contracts to public agencies and
private nonprofit organizations to assist with the development and
implementation of the public awareness campaign under this section.
    ``(g) Evaluation and Report.--Not later than the end of fiscal year
2012, the Secretary shall prepare and submit to the Congress a report
evaluating the effectiveness of the public awareness campaign under
this section in educating the general public with respect to the
matters described in subsection (b).
    ``(h) Authorization of Appropriations.--For purposes of carrying
out this section, there are authorized to be appropriated $2,000,000
for fiscal year 2010 and $4,000,000 for each of fiscal years 2011 and
2012.''.

Output:
National Pain Care Policy Act of 2009 - Requires the Secretary of Health and Human Services to seek an agreement with the Institute of Medicine to convene a Conference on Pain to: (1) increase the recognition of pain as a significant public health problem in the United States; (2) evaluate the adequacy of assessment, diagnosis, treatment, and management of acute and chronic pain; (3) identify barriers to appropriate pain care; and (4) establish an agenda to reduce such barriers and significantly improve the state of pain care research, education, and clinical care in the United States. Allows the Secretary to enter into an agreement with another appropriate entity if the Institute of Medicine declines.

Amends the Public Health Service Act to require the Director of the National Institutes of Health (NIH) to continue and expand, through the Pain Consortium, an aggressive program of basic and clinical research on the causes of and potential treatments for pain. Requires the Pain Consortium to develop and make recommendations on appropriate pain research initiatives.

Requires the Secretary to establish the Interagency Pain Research Coordinating Committee to: (1) develop a summary of advances in federal pain care research relevant to the diagnosis, prevention, and treatment of pain and diseases and disorders associated with pain; and (2) identify critical gaps in basic and clinical research on the symptoms and causes of pain.

Allows the Secretary to provide for education and training to health care professionals in pain care.

Requires the Secretary to establish and implement a national pain care education outreach and awareness campaign to educate consumers, patients, their families, and other caregivers.