Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Commonwealth of the Northern Mariana
Islands Reform Act''.

SEC. 2. FINDINGS.

    The Congress finds that:
            (1) The Covenant to Establish a Commonwealth of the
        Northern Mariana Islands in Political Union with the United
        States of America was approved by Congress pursuant to Public
        Law 94-241, 90 Stat. 263.
            (2) At the time that the Covenant was being negotiated,
        representatives of the government of the Northern Mariana
        Islands expressed concern that United States immigration laws
        would allow unrestricted immigration into their small island
        community.
            (3) In response to these concerns, section 503(a) of the
        Covenant provided that the Immigration and Naturalization Act
        did not immediately apply to the Commonwealth of the Northern
        Mariana Islands.
            (4) Congress expressly reserved the right to extend the
        Immigration and Naturalization Act to the Commonwealth of the
        Northern Mariana Islands at a future date.
            (5) Following the enactment of the Covenant, the
        Commonwealth of the Northern Mariana Islands instituted a
        largely unrestricted immigration policy, causing the
        Commonwealth's population to increase from 16,780 in 1980 to a
        population of over 58,800 in 1995, with foreign workers
        outnumbering United States citizens.
            (6) As a result of these immigration policies, 91 percent
        of the private sector work force in the Commonwealth is
        comprised of foreign workers.
            (7) The Commonwealth of the Northern Mariana Islands has
        used its immigration policy to recruit a large, low-cost
        foreign work force of desperately poor individuals with no
        meaningful opportunity to demand safe living and working
        conditions of fair wages and benefits.
            (8) Notwithstanding an unemployment rate of 14 percent
        among United States citizens, the Commonwealth has recruited
        increasing numbers of foreign workers.
            (9) Even though the Commonwealth alleges that unfilled job
        openings justify recruitment of an increasing number of foreign
        workers, the Commonwealth's own statistics indicate an
        unemployment rate of 4.5 percent among foreign workers.
            (10) The United States Immigration and Naturalization
        Service reported that the Commonwealth of the Northern Mariana
        Islands has no reliable records of aliens who have entered the
        Commonwealth, how long they remain, and when, if ever, they
        depart.
            (11) At the time that the Covenant was being negotiated,
        representatives of the government of the Northern Mariana
        Islands expressed concern that the minimum wage provisions of
        the Fair Labor Standards Act would disrupt the Commonwealth's
        struggling local economy.
            (12) In response to these concerns, section 503(c) of the
        Covenant provided that the minimum wage provisions of the Fair
        Labor Standards Act did not immediately apply to the
        Commonwealth.
            (13) Congress expressly reserved the right to extend the
        minimum wage provisions of the Fair Labor Standards Act to the
        Commonwealth of the Northern Mariana Islands at a future date.
            (14) The economy of the Commonwealth of the Northern
        Mariana Islands has grown significantly and, in 1996, annual
        gross business revenues rose to $1,500,000,000, a sixfold
        increase during the past decade.
            (15) The current minimum wage in the Commonwealth of the
        Northern Mariana Islands is only $3.05 per hour for garment and
        construction industry workers and $3.05 per hour for those
        working in other industries.
            (16) The United States Department of Labor has uncovered a
        systematic pattern of labor abuses in the Commonwealth of the
        Northern Mariana Islands, including--
                    (A) involuntary servitude and peonage,
                    (B) illegal withholding of wages earned,
                    (C) nonpayment of overtime wages,
                    (D) illegal deductions from paychecks,
                    (E) kickbacks of wages paid to employees,
                    (F) employee lockdowns in worksites and living
                barracks, and
                    (G) unsafe and unhealthy working and living
                environments.
            (17) Despite an expectation that they will enjoy the
        American dream in the Commonwealth of the Northern Mariana
        Islands, foreign workers have been required to sign contracts
        with government representatives in the People's Republic of
        China which--
                    (A) waive rights guaranteed to United States
                workers,
                    (B) forbid participation in religious and political
                activities while in the United States,
                    (C) prohibit workers from dating or marrying in the
                United States,
                    (D) subject employees to civil and labor penalties
                if returned to China, and
                    (E) permit Chinese Government recruiters to charge
                a fee of 25 percent of an employee's net pay for a
                period of two years.
            (18) The United States Department of Justice has determined
        that the immigration and labor situation in the Commonwealth of
        the Northern Mariana Islands has created a major organized
        crime problem in the Commonwealth which involves--
                    (A) immigration document fraud,
                    (B) public corruption,
                    (C) racketeering,
                    (D) drug trafficking,
                    (E) prostitution,
                    (F) pornography,
                    (G) extortion,
                    (H) gambling,
                    (I) smuggling, and
                    (J) other forms of violent crime.
            (19) The United States Department of Justice is
        investigating numerous cases in the Commonwealth of the
        Northern Mariana Islands of women being recruited from the
        Philippines, China, and other Asian countries expressly for
        criminal sexual activity, and has also described this situation
        as the ``systematic trafficking of women and minors for
        prostitution''.
            (20) The Commonwealth of the Northern Mariana Islands is
        exempt from Federal immigration law, the Federal minimum wage
        law, and Federal tariffs and taxes, yet its products are sold
        as ``Made in USA'' although 95 percent of the workers in the
        garment manufacturing industry are not United States citizens.
            (21) Garments made in the Commonwealth of the Northern
        Mariana Islands carrying the ``Made in USA'' label compete
        directly with garments made on the United States mainland by
        workers and businesses that are subject to Federal immigration
        law, the Federal minimum wage law, and Federal taxes.
            (22) In 1996, garment manufacturers in the Commonwealth
        shipped garments to the Continental United States with a
        wholesale value of $555 million, a 30-percent increase over the
        previous year.
            (23) Congress appropriated $10 million to fund a three-year
        initiative by the United States Departments of Justice, Labor,
        and Interior to assist the Commonwealth in its efforts to
        improve its labor and immigration policies.
            (24) Despite this appropriation there has been little or no
        improvement in the immigration and labor policies of the
        Commonwealth of the Northern Mariana Islands.
            (25) The government of the Commonwealth of the Northern
        Mariana Islands has been ineffective in stemming the flow of
        immigration onto United States soil, raising the wage and
        living standards for workers, and aggressively prosecuting
        labor and human rights abuses.
            (26) Despite efforts by the Reagan, Bush, and Clinton
        administrations to persuade the government of the Commonwealth
        of the Northern Mariana Islands to correct problems in the
        Commonwealth, the situation has only deteriorated.
            (27) The continuing concern about labor abuses, the
        Commonwealth's immigration policy, and the employment of
        foreign workers in a manner that unfairly competes with other
        United States manufacturing prompted President Clinton on May
        30, 1997, to notify the Governor of the Commonwealth of the
        Northern Mariana Islands that Federal immigration and minimum
        wage laws should be applied to the Commonwealth.

SEC. 3. APPLICATION OF IMMIGRATION LAW.

    (a) Article V, section 506 of the Covenant to Establish a
Commonwealth of the Northern Mariana Islands in Political Union with
the United States of America (approved by Public Law 94-241, 90 Stat.
263) is amended by adding at the end thereof the following:
    ``(e)(1) For purposes of entry into the Northern Mariana Islands by
any individual (but not for purposes of entry by an individual into the
United States from the Northern Mariana Islands), the Immigration and
Nationality Act shall apply as if the Northern Mariana Islands were a
State (as defined in section 101(a)(36) of the Immigration and
Nationality Act).
    ``(2) Notwithstanding paragraph (1), with respect to an individual
seeking entry into the Northern Mariana Islands for purposes of
employment in the textile, hotel, tourist, or construction industry
(including employment as a contractor), the Federal statutes and
regulations governing admission to Guam of individuals described in
section 101(a)(15)(H)(ii)(b) of the Immigration and Nationality Act
shall apply. For purposes of this paragraph--
            ``(A) references in such statutes and regulations to United
        States resident workers shall be deemed to be references to
        United States citizens, national or resident workers; and
            ``(B) references in such statutes and regulations to Guam
        shall be deemed to be references to the Northern Mariana
        Islands.
    ``(3) When deploying personnel to enforce the provisions of this
section, the Attorney General shall coordinate with, and act in
conjunction with, State and local law enforcement agencies to ensure
that such deployment does not degrade or compromise the law enforcement
capabilities and functions currently performed by immigration officers.
    ``(4) The Attorney General shall prescribe and implement a
transition period for the amendments made to section 506(a) of the
Covenant. The transition period shall not exceed 4 years from the
effective date of this subsection. Not later than 2 years after the
date of enactment of the Commonwealth of the Northern Mariana Islands
Reform Act, the Attorney General shall submit a report on the status of
implementing this section.''.
    (b) Effective Date.--The amendments made by subsection (a) shall
take effect 180 days after the date of enactment of this Act except
that the amendment designated as ``(e)(2)'' shall take effect on the
date of enactment of this Act.

SEC. 4. LABELING REQUIREMENTS FOR TEXTILE FIBER PRODUCTS.

    (a) Public Law 94-241 is amended by adding at the end the
following:
``Sec. 6. Labeling of textile fiber products
    ``(a) No textile fiber product that is made or assembled in the
Commonwealth of the Northern Mariana Islands shall have a stamp, tag,
label, or other means of identification or substitute therefor on or
affixed to the product stating `Made in USA' or otherwise stating or
implying that the product was made or assembled in the United States
unless the product is made or assembled using direct labor that meets
the required percentage of qualified manhours.
    ``(b) A textile fiber product that does not meet the requirements
of subsection (a) shall be deemed to be misbranded for purposes of the
Textile Fiber Products Identification Act (Public Law 85-897, 72 Stat.
1717).
    ``(c) In this section:
            ``(1) Direct labor.--The term `direct labor' includes any
        work provided to prepare, assemble, process, package, or
        transport a textile fiber product, but does not include
        supervisory, management, security, or administrative work.
            ``(2) Freely associated states.--The term `Freely
        Associated States' means the Republic of Palau, the Republic of
the Marshall Islands, and the Federated States of Micronesia.
            ``(3) Qualified manhours.--The term `qualified manhours'
        means the manhours of direct labor performed by persons who are
        citizens or nationals of the United States or citizen of the
        Freely Associated States.
            ``(4) Required percentage.--The term `required percentage'
        means--
                    ``(A) 20 percent, for the period beginning January
                1, 1998, through December 31, 1998;
                    ``(B) 35 percent, for the period beginning January
                1, 1999, through December 31, 1999; and
                    ``(C) 50 percent, for the period beginning January
                1, 2000, and thereafter.
    ``(b) Effective Date.--The amendments made by this section shall
take effect on the date of enactment of this Act.''.

SEC. 5. MINIMUM WAGE REQUIREMENTS.

    (a) Section 503 of Article V of the Covenant to Establish a
Commonwealth of the Northern Mariana Islands in Political Union with
the United States of America (approved by Public Law 94-241) is amended
by deleting ``States; and (c) the minimum wage provisions of Section 6,
Act of June 25, 1938, 52 State. 1062, as amended.'' and inserting in
lieu thereof ``States.''.
    (b) Public Law 94-241, 90 Stat. 263, is amended by adding at the
end thereof the following:
``Sec. 7. Minimum wages in the Commonwealth of the Northern Mariana
              Islands
    ``(a) The minimum wage provisions of the Fair Labor Standards Act
of 1938 (29 U.S.C. 206(a)(1)) shall apply to the Commonwealth of the
Northern Mariana Islands, except that--
            ``(1) during the period beginning 30 days after the date of
        enactment of this Act and ending on December 31, 1997, the
        minimum wage rate applicable to the Commonwealth of the
        Northern Mariana Island shall be $3.05 an hour for an employee;
            ``(2) beginning on January 1, 1998, and each calendar year
        thereafter, the minimum wage rate applicable to the
        Commonwealth of the Northern Mariana Islands for an employee
        for each such calendar year shall be the minimum rate
        applicable to the Commonwealth of the Northern Mariana Islands
        for the preceding calendar year increased by 30 cents or the
        amount necessary to increase the minimum wage rate to the rate
        described in section 6(a)(1) of the Fair Labor Standards Act of
        1938, whichever is less; and
            ``(3) after the calendar year in which the minimum wage
        rate applicable to the Commonwealth of the Northern Mariana
        Islands has been increased under subparagraph (A) to the
        minimum wage rate described in section 6(a)(1) of the Fair
        Labor Standards Act of 1938, the minimum wage rate applicable
        to the Commonwealth of the Northern Mariana Islands for an
        employee for any succeeding calendar year shall be the rate
        described in such section.''.
    (b) Effective Date.--The amendments made by this section shall take
effect 30 days after the date of enactment of this Act.

SEC. 5. REPORT.

    Not later than 1 year after the date of enactment of this Act, the
Secretary of the Interior, in consultation with other Federal agencies,
shall conduct a study of the extent of human rights violations and
labor rights violations in the Commonwealth of the Northern Mariana
Islands, including the use of forced or indentured labor, and any
efforts being taken by the Government of the United States or the
Commonwealth of the Northern Mariana Islands to address or prohibit
such violations. The Secretary of the Interior shall include the
results of such study in the annual report, entitled ``Federal CNMI
Initiative on Labor, Immigration, and Law Enforcement,'' transmitted to
Congress.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated such sums as may be
necessary to carry out provisions of this Act.

Output:
Commonwealth of the Northern Mariana Islands Reform Act - Amends the Covenant to Establish the Commonwealth of the Northern Mariana Islands to treat the Northern Mariana Islands as a State under the Immigration and Nationality Act with respect to an individual's entry into the Commonwealth (but not entry from the Commonwealth into the United States).
Applies Federal statutes and regulations governing admission of certain workers to Guam to individuals seeking entry into the Northern Mariana Islands for purposes of employment in the textile, hotel, tourist, or construction industries.  Requires the Attorney General to coordinate and act in conjunction with State and local law enforcement agencies to ensure that deployment of personnel to enforce such statutes and regulations does not degrade or compromise the law enforcement capabilities and functions currently performed by immigration officers.
Amends Federal law to prohibit affixation of the "Made in the USA" label to a textile fiber product from the Northern Mariana Islands unless it is made or assembled using direct labor meeting a specified percentage of qualified manhours by U.S. citizens or nationals or citizens of the Freely Associated States of the Republic of Palau, the Republic of the Marshall Islands, or the Federated States of Micronesia.
Applies to the Northern Mariana Islands the minimum wage provisions of the Fair Labor Standards Act of 1938, as modified by this Act. Requires a minimum wage through December 31, 1997, of $3.05 per hour, adjusted annually thereafter in increments of $.30 or the amount necessary to increase the minimum wage rate to the rate required by the Fair Labor Standards Act of 1938, whichever is less. Applies permanently to the Northern Mariana Islands the minimum wage rate required by the Fair Labor Standards Act of 1938 once the incrementally increased rate equals such rate.
Directs the Secretary of the Interior to study the extent of human and labor rights violations in the Commonwealth of the Northern Mariana Islands, including the use of forced or indentured labor, and any efforts taken by the Government of the United States or the Commonwealth of the Northern Mariana Islands to address or prohibit such violations.  Requires inclusion of study results in the annual "Federal CNMI Initiative on Labor, Immigration, and Law Enforcement" report to Congress.
Authorizes appropriations.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Justice in India Act''.

SEC. 2. FINDINGS.

    The Congress finds that--
            (1) each year, in both Jammu and Kashmir and the Punjab,
        the Government of India detains thousands of persons under
        special or preventive detention laws without informing them of
        the charges against them;
            (2) most of these detainees are political prisoners,
        including prisoners of conscience;
            (3) they are often detained for several months and
        sometimes even more than a year;
            (4) detainees are not permitted any contact with lawyers or
        family members unless they are remanded to judicial custody and
        transferred to prison, and only then if the family on its own
        is able to locate the detainee;
            (5) in most cases, these persons are detained under the
        Terrorist and Disruptive Activities (Prevention) Act of 1987,
        the National Security Act of 1980, and the Jammu and Kashmir
        Public Safety Act of 1978;
            (6) the Terrorist and Disruptive Activities (Prevention)
        Act of 1987 authorizes administrative detention without formal
        charge or trial for up to 1 year for investigation of suspected
        ``terrorist'' or broadly defined ``disruptive'' activities;
            (7) the 1-year period of permissible detention before trial
        violates Article 9 of the International Covenant on Civil and
        Political Rights, to which India is a party;
            (8) Article 9 of the International Covenant provides,
        ``Anyone arrested or detained on a criminal charge shall be
        brought promptly before a judge or other officer authorized by
        law to exercise judicial power and shall be entitled to trial
        within a reasonable time or to release.'';
            (9) under the Terrorist and Disruptive Activities
        (Prevention) Act of 1987, all proceedings before a designate
        court must be conducted in secret ``at any place other
        than...[the court's]...ordinary place of sitting'';
            (10) section 16(2) of the Terrorist and Disruptive
        Activities (Prevention) Act of 1987 permits the designated
        court to keep the ``identity and address of any witness
        secret'';
            (11) under the Terrorist and Disruptive Activities
        (Prevention) Act of 1987, a confession to a senior police
        officer can be admitted as evidence if there is reason to
        believe it was made voluntarily;
            (12) the Terrorist and Disruptive Activities (Prevention)
        Act of 1987 amends India's criminal code, which prohibits such
        confessions, and substantially increases the risk of torture;
            (13) the Terrorist and Disruptive Activities (Prevention)
        Act of 1987 reverses the presumption of innocence, placing the
        burden on the accused to prove that he or she is not guilty;
            (14) the National Security Act of 1980 permits the
        detention of persons without charge or trial for up to 1 year
        in order to prevent them from acting in a manner prejudicial to
        the security of the state, the maintenance of public order, the
        maintenance of supplies and services essential to the
        community, or relations with a foreign power;
            (15) the National Security Act of 1980 was amended to
        permit 2 years detention in the Punjab;
            (16) under this Act, India may detain any person engaged in
        behavior ``prejudicial to the defense of India, the relations
        of India with foreign powers, or the security of India'';
            (17) the Jammu and Kashmir Public Safety Act of 1978
        empowers India to detain persons without trial for up to 1 year
        for a broad range of activities, including ``promoting,
        propagating, or attempting to create, feelings of enmity or
        hatred or disharmony on grounds of religion, race, community,
        or region'';
            (18) the Armed Forces (Punjab and Chandigarh) Special
        Powers Act of 1983 and the Armed Forces (Jammu and Kashmir)
        Special Powers Act of 1990 empower Indian security forces to
        search homes without warrant, to make arrests without warrant,
        to destroy the ``hideouts'' of suspected terrorists, and to
        shoot to kill with immunity from prosecution;
            (19) Indian security forces routinely employ methods of
        torture, beatings, and threats to induce detainees to sign
        statements of confession and to identify suspected militants;
            (20) the Terrorist and Disruptive Activities (Prevention)
        Act of 1987, the National Security Act of 1980, the Jammu and
        Kashmir Public Safety Act of 1978, the Armed Forces (Punjab and
        Chandigarh) Special Powers Act of 1983, and the Armed Forces
        (Jammu and Kashmir) Special Powers Act of 1990 facilitate human
        rights abuses by suspending ordinary safeguards against
        arbitrary arrest, incommunicado detention, and torture; and
            (21) these 5 laws are incompatible with the principles of a
        modern democracy.

SEC. 3. REDUCTION OF DEVELOPMENT ASSISTANCE FOR INDIA UNLESS CERTAIN
              LAWS REPEALED.

    (a) Report.--Not later than 60 days after the date of the enactment
of this Act, the President shall report to the Congress whether the
Government of India has repealed all the laws specified in subsection
(d).
    (b) Reduction of Assistance.--If the President reports to Congress,
either pursuant to subsection (a) or at any other time, that the
Government of India has not repealed all the laws specified in
subsection (d), all development assistance for India under chapter 1 of
part I of the Foreign Assistance Act of 1961 shall be terminated except
for assistance to continue the Immunodiagnostic Development Project,
the Child Survival Health Support Project, and the Private and
Voluntary Organizations for Health II Project.
    (c) Resumption of Assistance.--Assistance terminated pursuant to
subsection (b) may be resumed only if the President reports to Congress
that the Government of India has repealed all the laws specified in
subsection (d).
    (d) Special and Preventive Detention Laws.--The laws referred to in
subsections (a), (b), and (c) are the Terrorist and Disruptive
Activities (Prevention) Act of 1987, the National Security Act of 1980,
the Jammu and Kashmir Public Safety Act of 1978, the Armed Forces
(Punjab and Chandigarh) Special Powers Act of 1983, and the Armed
Forces (Jammu and Kashmir) Special Powers Act of 1990.

Output: Justice in India Act - Terminates all development assistance for India under the Foreign Assistance Act of 1961 (except assistance for specified health projects) if the President reports to the Congress that India has not repealed certain special and preventive detention laws.  Provides for the resumption of such assistance if India repeals such laws.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Security Officer Screening
Improvement Act of 2014''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The Integrated Automated Fingerprint Identification
        System of the Federal Bureau of Investigation maintains
        fingerprints and criminal history records on more than
        71,000,000 individuals.
            (2) Congress has worked with the States to make criminal
        history background checks available to employers of private
        security officers through the Private Security Officer
        Employment Authorization Act of 2004 (28 U.S.C. 534 note) and
        statutes enacted by dozens of States in compliance with Public
        Law 92-544. However, there are still numerous persons employed
        as private security officers, entrusted to safeguard and
        protect people and property, who do not undergo criminal
        history background checks authorized by Federal and State law.

SEC. 3. BACKGROUND CHECKS.

    The National Child Protection Act of 1993 (42 U.S.C. 5119 et seq.)
is amended--
            (1) by redesignating section 5 as section 6; and
            (2) by inserting after section 4 the following:

``SEC. 5. PROGRAM FOR NATIONAL CRIMINAL HISTORY BACKGROUND CHECKS.

    ``(a) Definitions.--In this section--
            ``(1) the term `background check designee' means the entity
        designated by the Attorney General under subsection (b)(3) to
        carry out the duties described in subsection (c);
            ``(2) the term `covered entity' means any person that
        employs a private security officer;
            ``(3) the term `covered individual' means an individual who
        is employed or applying for employment as a private security
        officer;
            ``(4) the term `criminal history review designee' means the
        entity designated by the Attorney General under subsection
        (b)(2) to carry out the criminal history review program;
            ``(5) the term `criminal history review program' means the
        program established under subsection (d);
            ``(6) the term `qualified State program' means a program of
        a State authorized agency that provides access to national
        criminal history background checks, as authorized by Federal or
        State law;
            ``(7) the term `private security officer' has the meaning
        given the term in subsection (c)(3) of the Private Security
        Officer Employment Authorization Act of 2004 (28 U.S.C. 534
        note); and
            ``(8) the term `State' means a State of the United States,
        the District of Columbia, the Commonwealth of Puerto Rico,
        American Samoa, the Virgin Islands, Guam, the Commonwealth of
        the Northern Mariana Islands, the Federated States of
        Micronesia, the Republic of the Marshall Islands, and the
        Republic of Palau.
    ``(b) Establishment of Program.--
            ``(1) Purpose.--The purpose of this subsection is to
        facilitate widespread access to State and national criminal
        history background checks, not otherwise authorized by Federal
        or State law, on private security officers and prospective
        private security officers.
            ``(2) In general.--Not later than 1 year after the date of
        enactment of the Security Officer Screening Improvement Act of
        2014, the Attorney General shall establish--
                    ``(A) policies and procedures to carry out the
                duties described in subsection (c); and
                    ``(B) a criminal history review program in
                accordance with subsection (d).
            ``(3) Designees.--The Attorney General may designate 1 or
        more Federal Government agencies to carry out the duties
        described in subsection (c).
    ``(c) Access to State and National Background Checks.--
            ``(1) Duties.--The Attorney General shall--
                    ``(A) inform covered entities about how to request
                State and national background checks--
                            ``(i) for covered entities located in a
                        State with a qualified State program, by
                        referring the covered entity to the State
                        authorized agency; or
                            ``(ii) for covered entities located in a
                        State without a qualified State program, by
                        providing information on alternative methods of
                        obtaining a State and national background
                        check;
                    ``(B) complete a check of the national criminal
                history background check system; and
                    ``(C) provide information received in response to
                such national criminal history background check to the
                criminal history review designee.
            ``(2) Required information.--A request for a State and
        national criminal history background check shall include--
                    ``(A) the fingerprints of the covered individual;
                    ``(B) other documents required by State law for a
                State criminal history background check; and
                    ``(C) the appropriate fee.
            ``(3) Fees.--The Attorney General shall, in addition to the
        fee for the non-criminal justice, non-law enforcement national
        criminal history background check authorized under title II of
        the Department of Justice Appropriations Act, 1991 under the
        heading `salaries and expenses' under the heading `Federal
        Bureau of Investigation' (Public Law 101-105; 28 U.S.C. 534
        note)--
                    ``(A) collect a fee to offset the costs of carrying
                out the duties described in subsection (d), in an
                amount equal to the cost of conducting the criminal
                history review; and
                    ``(B) remit such fee to the Federal Bureau of
                Investigation.
    ``(d) Criminal History Review Program.--
            ``(1) Purpose.--The purpose of this subsection is to
        provide covered entities with reliable and accurate information
        regarding the fitness of the covered individuals for performing
        security services.
            ``(2) Requirements.--The Attorney General or designee
        shall--
                    ``(A) establish procedures to securely receive
                criminal history records;
                    ``(B) make determinations regarding whether the
                criminal history records received in response to a
                criminal history background check conducted under this
                section indicate that the covered individual has a
                criminal history that may bear on the covered
                individual's fitness to perform security services; and
                    ``(C) convey to the covered entity that submitted
                the request for a State and national criminal history
                background check--
                            ``(i) the fitness and suitability of the
                        covered individual based solely on the criteria
                        described in paragraph (3); and
                            ``(ii) instructions and guidance that the
                        covered entity should consult the Equal
                        Employment Opportunity Commission Enforcement
                        Guidance #915.002, dated April 25, 2012,
                        `Consideration of Arrest and Conviction Records
                        in Employment Decisions under Title VII of the
                        Civil Rights Act of 1964', or any successor
                        thereto, issued by the United States Equal
                        Employment Opportunity Commission.
            ``(3) Criminal history review criteria.--In determining
        whether a criminal history record indicates that a covered
        individual has a criminal history that may bear on the fitness
        of the covered individual to perform security services, the
        Attorney General or designee shall employ the criteria used to
        evaluate individuals under the Private Security Officer
        Employment Authorization Act of 2004 (28 U.S.C. 534 note).
            ``(4) Application processing.--
                    ``(A) In general.--The Attorney General shall
                establish the process by which a covered entity in a
                State without a qualified State program may obtain a
                State and national criminal history background check.
                    ``(B) Challenge to completeness of record.--A
                covered individual may challenge the completeness of
                any information in the criminal history record of the
                individual by contacting the Federal Bureau of
                Investigation under the procedure set out in section
                16.34 of title 28, Code of Federal Regulations, or any
                successor thereto.
            ``(5) Participation in program.--The Attorney General or
        designee shall determine whether an entity is a covered entity.
            ``(6) Privacy of information.--
                    ``(A) In general.--Any entity authorized to receive
                or transmit fingerprints or criminal history records
                under this section--
                            ``(i) shall use the fingerprints, criminal
                        history records, or information in the criminal
                        history records only for the purposes
                        specifically set forth in this section; and
                            ``(ii) shall maintain adequate security
                        measures to ensure the confidentiality of the
                        fingerprints, the criminal history records, and
                        the information in the criminal history
                        records.
                    ``(B) Retention of fingerprints by the fbi.--In
                accordance with State or Federal procedures, for the
                purpose of providing fingerprint verification, criminal
                investigation or subsequent hit notification services,
                or for the retention of criminal history, the Federal
                Bureau of Investigation may retain any fingerprints
                submitted to the Federal Bureau of Investigation under
                this section.
            ``(7) Rule of construction.--Nothing in this subsection
        shall be construed to change or replace any background check
        program authorized by Federal or State law on the day before
        the date of enactment of the Security Officer Screening
        Improvement Act of 2014.''.

Output: Security Officer Screening Improvement Act of 2014 - Amends the National Child Protection Act of 1993 to direct the Attorney General to establish policies and procedures for: (1) informing entities that employ private security officers about how to request state and national background checks on officers and applicants, and (2) completing a check of the national criminal history background check system and providing information received to the entity designated by the Attorney General to carry out the criminal history review program.  Requires a request for such a check to include the fingerprints of the covered individual, other documents required by state law for a state criminal history background check, and the appropriate fee, which shall be remitted to the Federal Bureau of Investigation (FBI), to offset the costs of conducting the criminal history review. Requires the Attorney General (or such designee) to: (1) establish a criminal history review program to provide requesting entities with information on the criminal history of officers or applicants; (2) establish procedures to securely receive criminal history records; (3) make determinations regarding whether such records indicate that the officer or applicant has a criminal history that may bear on his or her fitness to perform security services; and (4) convey to the requesting entity such determinations and guidance that the entity should consult the Equal Employment Opportunity Commission Enforcement Guidance #915.002, dated April 25, 2012, and entitled "Consideration of Arrest and Conviction Records in Employment Decisions under Title VII of the Civil Rights Act of 1964." Authorizes the FBI to retain any fingerprints submitted to it under this Act.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Health Access and Flexibility Act of
2003''.

SEC. 2. EXPANSION OF MEDICAL SAVINGS ACCOUNTS.

    (a) Availability Not Limited to Accounts for Employees of Small
Employers and Self-Employed Individuals.--
            (1) In general.--Subparagraph (A) of section 220(c)(1) of
        the Internal Revenue Code of 1986 (relating to eligible
        individual) is amended to read as follows:
                    ``(A) In general.--The term `eligible individual'
                means, with respect to any month, any individual if--
                            ``(i) such individual is covered under a
                        high deductible health plan as of the 1st day
                        of such month, and
                            ``(ii) such individual is not, while
                        covered under a high deductible health plan,
                        covered under any health plan--
                                    ``(I) which is not a high
                                deductible health plan, and
                                    ``(II) which provides coverage for
                                any benefit which is covered under the
                                high deductible health plan.''.
            (2) Repeal of Limitations on Number of Medical Savings
        Accounts.--
                    (A) In general.--Subsections (i) and (j) of section
                220 are hereby repealed.
                    (B) Conforming amendments.--
                            (i) Paragraph (1) of section 220(c) of such
                        Code is amended by striking subparagraph (D).
                            (ii) Section 138 of such Code is amended by
                        striking subsection (f).
            (3) Conforming amendments.--
                    (A) Section 220(c)(1) of such Code is amended by
                striking subparagraph (C).
                    (B) Section 220(c) of such Code is amended by
                striking paragraph (4) (defining small employer) and by
                redesignating paragraph (5) as paragraph (4).
                    (C) Section 220(b) of such Code is amended by
                striking paragraph (4) (relating to deduction limited
                by compensation) and by redesignating paragraphs (5),
                (6), and (7) as paragraphs (4), (5), and (6),
                respectively.
    (b) Reduction of Permitted Deductibles Under High Deductible Health
Plans.--
            (1) In general.--Subparagraph (A) of section 220(c)(2) of
        such Code (defining high deductible health plan) is amended--
                    (A) in clause (i) by striking ``$1,500'' and
                inserting ``$1,000'', and
                    (B) in clause (ii) by striking ``$3,000'' and
                inserting ``$2,000''.
            (2) Cost of living adjustment.--Subsection (g) of section
        220 of such Code is amended by striking ``each dollar amount in
        subsection (c)(2) shall be increased'' and inserting ``the
        $2,250, $4,500, $3,000, and $5,500 amounts in subsection
        (c)(2)(A) shall each be increased''.
    (c) Increase in Amount of Deduction Allowed for Contributions to
Medical Savings Accounts.--
            (1) In general.--Paragraph (2) of section 220(b) of such
        Code is amended to read as follows:
            ``(2) Monthly limitation.--The monthly limitation for any
        month is the amount equal to \1/12\ of the annual deductible
        under the type of coverage such individual has for such
        month.''
            (2) Conforming amendment.--Clause (ii) of section
        220(d)(1)(A) of such Code is amended by striking ``75 percent
        of''.
    (d) Both Employers and Employees May Contribute to Medical Savings
Accounts.--Paragraph (4) of section 220(b) of such Code (as
redesignated by subsection (b)(2)(C)) is amended to read as follows:
            ``(4) Coordination with exclusion for employer
        contributions.--The limitation which would (but for this
        paragraph) apply under this subsection to the taxpayer for any
        taxable year shall be reduced (but not below zero) by the
        amount which would (but for section 106(b)) be includible in
        the taxpayer's gross income for such taxable year.''.
    (e) Rollovers to Archer MSAs From Health Flexible Spending
Arrangements..--
            (1) In general.--Subsection (d) of section 220 of the
        Internal Revenue Code of 1986 (defining Archer MSA) is amended
        by redesignating paragraph (4) as paragraph (5) and by
        inserting after paragraph (3) the following new paragraph:
            ``(4) Special rule for rollovers from health flexible
        spending accounts.--A rollover contribution described in this
        paragraph is a transfer from a flexible spending account (as
        defined in section 125(h)) to the extent the amount received is
        paid into an Archer MSA for the benefit of such holder not
        later than the 60th day after the day on which the holder
receives the payment or distribution.''.
            (2) Rollover of unused health benefits in cafeteria plans
        and flexible spending arrangements.--
                    (A) In general.--Section 125 of such Code (relating
                to cafeteria plans) is amended by redesignating
                subsections (h) and (i) as subsections (i) and (j),
                respectively, and by inserting after subsection (g) the
                following:
    ``(h) Rollover to Archer Medical Savings Accounts of Certain Unused
Health Benefits.--
            ``(1) In general.--For purposes of this title, a plan or
        other arrangement shall not fail to be treated as a cafeteria
        plan solely because qualified benefits under such plan include
        a health flexible spending arrangement under which, with
        respect to any plan year, health benefits which are unused at
        the end of such year may be transferred to an Archer MSA of the
        employee.
            ``(2) Tax treatment of unused health benefits.--Amounts
        transferred under paragraph (1) to an Archer MSA shall not be
        includible in gross income for such taxable year and shall not
        be treated as a contribution for purposes of section 220(a).
            ``(3) Health flexible spending arrangement.--For purposes
        of this subsection, the term `health flexible spending
        arrangement' means a flexible spending arrangement (as defined
        in section 106(c)) that is a qualified benefit and only permits
        reimbursement for expenses for medical care (as defined in
        section 213(d)(1) (without regard to subparagraphs (C) and (D)
        thereof).
            ``(4) Unused health benefits.--For purposes of this
        subsection, the term `unused health benefits' means the excess
        of--
                    ``(A) the maximum amount of reimbursement allowable
                for a plan year under a health flexible spending
                arrangement, over
                    ``(B) the actual amount of reimbursement for such
                year under such arrangement.''.
                    (B) Conforming amendment.--Section 220(d)(1)(A) of
                such Code is amended by inserting ``described in
                paragraph (4) or'' after ``contribution''.
    (f) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2003.

SEC. 3. MEDICAL FREEDOM ACCOUNTS UNDER THE MEDICAID PROGRAM AND UNDER
              THE STATE CHILDREN'S HEALTH INSURANCE PROGRAM (SCHIP).

    (a) In General.--Title XIX of the Social Security Act is amended--
            (1) by redesignating section 1935 as section 1936; and
            (2) by inserting after section 1934 the following new
        section:

                       ``medical freedom accounts

    ``Sec. 1935. (a) Authority.--
            ``(1) In general.--Notwithstanding any other provision of
        this title, a State may amend its State plan under this title
        (including in a Statewide waiver under section 1115 relating to
        this title) to provide in accordance with this section for the
        provision of alternative benefits consistent with subsection
        (c) for eligible population groups in one or more geographic
        areas of the State specified by the State. An amendment under
        the previous sentence is referred to in this section as a
        `State plan amendment'.
            ``(2) Approval.--The Secretary shall not approve a State
        plan amendment under paragraph (1) unless the amendment
        incorporates the following:
                    ``(A) Creating patient awareness of the high cost
                of medical care.
                    ``(B) Providing incentives to patients to seek
                preventive care services.
                    ``(C) Reduction in inappropriate use of health care
                services.
                    ``(D) Enabling patients to take responsibility for
                health outcomes.
    ``(b) Eligible Populations Groups.--The State plan amendment under
this section shall specify the eligible population groups.
    ``(c) Alternative Benefits.--
            ``(1) In general.--The alternative benefits provided under
        this section shall consist of at least--
                    ``(A) coverage for medical expenses in a year after
                a catastrophic deductible has been met; and
                    ``(B) contribution into a medical freedom account.
            ``(2) Overriding existing benefits.--The provisions of this
        title relating to mandated benefits or cost-sharing or
        comparability of benefits (including sections 1902(a)(10) and
        1916) shall not apply to an individual or family being provided
alternative benefits under this section.
            ``(3) Treatment as medical assistance.--Payments for
        alternative benefits under this section (including
        contributions into a medical freedom account) shall be treated
        as medical assistance for purposes of section 1903(a).
    ``(d) Medical Freedom Account.--
            ``(1) In general.--For purposes of this section, the term
        `medical freedom account' means an account that meets the
        requirements of this subsection.
            ``(2) Contributions.--
                    ``(A) In general.--No contribution may be made into
                a medical freedom account except--
                            ``(i) contributions by the State under this
                        title; and
                            ``(ii) contributions by an employer, which
                        may not exceed, in the case of an individual
                        otherwise eligible for benefits under this
                        title, $1,000 per account per year.
                    ``(B) Limitation.--In no case may a contribution be
                made into a medical freedom account if the balance in
                such account exceeds $3,500, in the case of an account
                for an individual, or $5,500, in the case of an account
                for a family.
            ``(3) Use.--
                    ``(A) In general.--Subject to the succeeding
                provisions of this paragraph, amounts in a medical
                freedom account may be used only for the payment of
                medical care (as defined by section 213(d) of the
                Internal Revenue Code of 1986), and may only be used
                for expenses in the year in which the contribution was
                made. The State plan amendment shall provide for a
                method whereby withdrawals may be made from the account
                for such purposes using an electronic benefits transfer
                (EBT) system.
                    ``(B) Rollover permitted.--
                            ``(i) In general.--Subject to clause (ii),
                        amounts in a medical freedom account at the end
                        of a year may be rolled over and used in the
                        following year.
                            ``(ii) Preventive care may be required for
                        rollover for medicaid beneficiaries.--In the
                        case of an account holder who is eligible for
                        benefits under this title in December of a
                        year, amounts in the medical freedom account at
                        the end of the year may be rolled over and used
                        in the following year only apply if the account
                        holder meets such preventive care requirements
                        as is provided under the State plan amendment.
                    ``(C) Maintenance of medical freedom account after
                becoming ineligible for public benefit.--
                Notwithstanding any other provision of law, if an
                account holder of a medical freedom account becomes
                ineligible for benefits under this title because of an
                increase in income or assets, no additional
                contribution shall be made into the account under
                paragraph (2)(A)(i) but the account shall remain
                available to the account holder for withdrawals under
                the same terms and conditions as if the account holder
                remained eligible for such benefits, except that the
                amounts in the account shall be available for the
                purchase of health insurance coverage. An account
                holder of a medical freedom account, after becoming so
                ineligible, is not required to purchase high-deductible
                or other insurance as a condition of maintaining or
                using the account.
            ``(4) Administration.--A State shall coordinate
        administration of medical freedom accounts through the use of a
        third party administrator.
            ``(5) Treatment.--Amounts in a medical freedom account
        shall not be counted as income or assets for purposes of
        determining eligibility for benefits under this title.
            ``(6) Unauthorized withdrawals.--A State may establish
        procedures--
                    ``(A) to penalize or remove an individual from the
                medical freedom account program based on nonqualified
                withdrawals by the individual from such an account; and
                    ``(B) to recoup costs that derive from such
                nonqualified withdrawals.''.
    (b) Application Under the State Children's Health Insurance Program
(SCHIP).--Section 2107(e)(1) of the Social Security Act (42 U.S.C.
1397gg(e)(1)) is amended by adding at the end the following new
subparagraph:
                    ``(E) Section 1935 (relating to medical freedom
                accounts).''.
    (c) Exclusion From Gross Income for Employer Contributions to
Medical Freedom Accounts.--Section 106 of the Internal Revenue Code of
1986 (relating to contributions by employer to accident and health
plans) is amended by adding at the end the following new subsection:
    ``(d) Contributions to Medical Freedom Accounts.--
            ``(1) In general.--In the case of an employee who is an
        eligible individual, amounts contributed by such employee's
        employer to any medical freedom account of such employee shall
        be treated as employer-provided coverage for medical expenses
        under an accident or health plan to the extent such amounts do
        not exceed the limitation under section 1935(d)(2) of the
        Social Security Act which is applicable to such employee for
        such taxable year.
            ``(2) No constructive receipt.--No amount shall be included
        in the gross income of any employee solely because the employee
        may choose between the contributions referred to in paragraph
        (1) and employer contributions to another health plan of the
        employer.
            ``(3) Employer medical freedom account contribution
        required to be shown on return.--Every individual required to
        file a return under section 6012 for the taxable year shall
        include on such return the aggregate amount contributed by
        employers to the medical freedom accounts of such individual or
        such individual's spouse for such taxable year.
            ``(4) Contributions not part of cobra coverage.--Paragraph
        (1) shall not apply for purposes of section 4980B.
            ``(5) Definitions.--For purposes of this subsection--
                    ``(A) Eligible individual.--The term `eligible
                individual' means an individual for whose benefit a
                medical freedom account is established under section
                1935 of the Social Security Act.
                    ``(B) Medical freedom account.--The term `medical
                freedom account' has the meaning given to such term by
                section 1935 of the Social Security Act.''.

Output: Health Access and Flexibility Act of 2003 - Amends the Internal Revenue Code with respect to Archer medical savings accounts to: (1) eliminate such accounts' availability to only self-employed individuals and employees of small employers; (2) repeal the 750,000 limitation on the number of such accounts; (3) reduce the permitted minimum deductibles on qualifying high deductible plans to $1,000 (single coverage), and $2,000 (family coverage); (4) increase the monthly (and thus the annual) deduction limitation permitted for account contributions; (5) permit employer and employee contributions to be made to an account; (6) make cost-of-living adjustments applicable to only high deductible plan maximums; and (7) provide for 60-day rollovers from a health flexible spending arrangement to an account.Amends title XIX of the Social Security Act (Medicaid) to authorize a State to provide alternative medical benefits for eligible population groups which shall consist of at least: (1) coverage for medical expenses in a year after a catastrophic deductible has been met; and (2) contribution into a medical freedom account (as defined by this Act).


Input:
SECTION 1. AMENDMENT TO DEFINITION OF INDIAN TRIBE.

    Section 8(a)(13) of the Small Business Act (15 U.S.C. 637(a)(13))
is amended--
            (1) by redesignating subparagraphs (A) and (B) as clauses
        (i) and (ii), respectively, and adjusting the margins
        accordingly;
            (2) by striking ``the term `Indian tribe' means'' and
        inserting the following: ``the term `Indian tribe'--
                    ``(A) means'';
            (3) by striking ``, including any Alaska Native village or
        regional or village corporation (within the meaning of the
        Alaska Native Claims Settlement Act)'';
            (4) in subparagraph (A)(i), as so designated, by striking
        ``, or'' and inserting ``; or'';
            (5) by striking the period at the end and inserting ``;
        and''; and
            (6) by adding at the end the following:
                    ``(B) does not include an Alaska Native Corporation
                or Alaska Native Village.''.

SEC. 2. SOCIAL AND ECONOMIC DISADVANTAGE.

    (a) In General.--Section 29(e) of the Alaska Native Claims
Settlement Act (43 U.S.C. 1626(e)) is amended--
            (1) in paragraph (1), by striking ``For all purposes of''
        and inserting ``Except as provided in paragraph (5), for all
        purposes of'';
            (2) in paragraph (2), by striking ``For all purposes of''
        and inserting ``Except as provided in paragraph (5), for all
        purposes of''; and
            (3) by adding at the end the following:
    ``(5) For purposes of sections 7(j)(10) and 8(a) of the Small
Business Act (15 U.S.C. 636(j)(10) and 637(a)), whether a Native
Corporation or Native village or a direct and indirect subsidiary
corporation, joint venture, or partnership of a Native Corporation or
Native village is socially or economically disadvantaged shall be
determined in accordance with paragraph (5) or (6), respectively, of
section 8(a) of the Small Business Act.''.
    (b) Standards.--Section 8(a) of the Small Business Act (15 U.S.C.
637(a)) is amended--
            (1) in paragraph (4)--
                    (A) in subparagraph (A)--
                            (i) in clause (i)--
                                    (I) in subclause (II), by striking
                                ``or'' at the end; and
                                    (II) by adding at the end the
                                following:
                    ``(IV) a socially and economically disadvantaged
                Alaska Native Corporation or Alaska Native Village,
                or''; and
                            (ii) in clause (ii)--
                                    (I) in subclause (II), by striking
                                ``or'' at the end;
                                    (II) in subclause (III), by
                                striking the period at the end and
                                inserting ``, or''; and
                                    (III) by adding at the end the
                                following:
                    ``(IV) a socially and economically disadvantaged
                Alaska Native Corporation or Alaska Native Village.'';
                    (B) in subparagraph (B)--
                            (i) in clause (ii), by striking ``or'' at
                        the end;
                            (ii) in clause (iii), by striking the
                        period at the end and inserting ``, or''; and
                            (iii) by adding at the end the following:
            ``(iv) members of a socially and economically disadvantaged
        Alaska Native Corporation or Alaska Native Village described in
        subparagraph (A)(i)(IV) or subparagraph (A)(ii)(IV).''; and
                    (C) by adding at the end the following:
    ``(D) The Administrator may not waive the requirement under this
paragraph that the management and daily business operations of a
business concern participating in the program under this subsection are
controlled by one or more socially and economically disadvantaged
individuals for a business concern owned by an Alaska Native
Corporation or Alaska Native Village.'';
            (2) in paragraph (5)--
                    (A) by inserting ``(A)'' after ``(5)''; and
                    (B) by adding at the end the following:
    ``(B) For purposes of this subsection and section 7(j)(10), the
Administrator shall determine whether an Alaska Native Corporation or
Alaska Native Village is, as an entity, socially disadvantaged in
accordance with the factors described in subparagraph (A).''; and
            (3) in paragraph (6), by adding at the end the following:
    ``(F) For purposes of this subsection and section 7(j)(10), the
Administrator shall annually determine whether an Alaska Native
Corporation or Alaska Native Village is economically disadvantaged in
the same manner as for an applicant for or participant in the program
under this subsection that is a Native Hawaiian organization.''.

SEC. 3. AFFILIATION.

    Section 7(j)(10)(J)(ii)(II) of the Small Business Act (15 U.S.C.
636(j)(10)(J)(ii)(II)) is amended by inserting ``, as defined in
section 8(a)(13)'' after ``Indian tribe''.

SEC. 4. SOLE SOURCE CONTRACTING DOLLAR LIMITS.

    (a) Competitive Thresholds.--Not later than 270 days after the date
of enactment of this Act, the Administrator shall amend the regulations
issued under sections 7(j)(10) and 8(a) of the Small Business Act (15
U.S.C. 636(j)(10) and 637(a)) in accordance with this Act and the
amendments made by this Act to apply to small business concerns owned
by an Alaska Native Corporation or Alaska Native Village the
competitive thresholds for awarding sole source contracts under section
8(a)(1)(D) of the Small Business Act (15 U.S.C. 637(a)(1)(D)) that are
applicable to small business concerns that are owned by a socially and
economically disadvantaged individual.
    (b) Maximum Total Dollar Amount.--Section 8(a)(1)(D) of the Small
Business Act (15 U.S.C. 637(a)(1)(D)) is amended by adding at the end
the following:
                    ``(iii) For purposes of eligibility for the award
                of a contract on the basis of restricted competition
                under this subparagraph, the Administrator may not
                establish a maximum total dollar amount of such awards
                during the period of Program Participation for
                participants that are owned by an Alaska Native
                Corporation or Alaska Native Village that is different
                from the amount for Program Participants that are owned
                by a socially and economically disadvantaged
                individual.''.

SEC. 5. ONE TIME ELIGIBILITY.

    Section 7(j)(11)(B)(iii) of the Small Business Act (15 U.S.C.
636(j)(11)(B)(iii)) is amended in the matter preceding subclause (I) by
inserting ``(as defined in section 8(a)(13))'' after ``Indian tribe''.

SEC. 6. GRADUATION.

    (a) In General.--Section 7(j)(15) of the Small Business Act (15
U.S.C. 636(j)(15)) is amended--
            (1) by redesignating subparagraphs (A) and (B) as clauses
        (i) and (ii), respectively;
            (2) by inserting ``(A)'' after ``(15)''; and
            (3) by adding at the end the following:
    ``(B) The Administrator may not extend or waive the time
limitations under this paragraph for a business concern owned by an
Alaska Native Corporation or Alaska Native Village.''.
    (b) Technical and Conforming Amendments.--The Small Business Act
(15 U.S.C. 631 et seq.) is amended--
            (1) in section 7(j) (15 U.S.C. 636(j))--
                    (A) in paragraph (10)(E)(ii), by striking
                ``paragraph (15)'' and inserting ``paragraph (15)(A)'';
                and
                    (B) in paragraph (11)(D), by striking ``paragraph
                (15)'' and inserting ``paragraph (15)(A)''; and
            (2) in section 8(a)(1)(C) (15 U.S.C. 637(a)(1)(C)), in the
        matter preceding clause (i), by striking ``section 7(j)(15)''
        and inserting ``section 7(j)(15)(A)''.

SEC. 7. REPORTING.

    Section 8(a)(6)(B) of the Small Business Act (15 U.S.C.
637(a)(6)(B)) is amended--
            (1) by redesignating clauses (i), (ii), and (iii) as
        subclauses (I), (II), and (III), respectively;
            (2) by inserting ``(i)'' after ``(B)''; and
            (3) by adding at the end the following:
    ``(ii) The annual report submitted under clause (i) by a Program
Participant that is an Alaska Native Corporation or Alaska Native
Village shall include, for the period addressed by the report--
            ``(I) the total revenue of the Alaska Native Corporation or
        Alaska Native Village;
            ``(II) the revenue of the Alaska Native Corporation or
        Alaska Native Village attributable to the participation of the
        Alaska Native Corporation or Alaska Native Village in the
        program under this subsection; and
            ``(III) the total amount of benefits paid to shareholders
        of the Alaska Native Corporation or Alaska Native Village.''.

SEC. 8. REGULATIONS.

    Not later than 270 days after the date of enactment of this Act,
the Administrator shall amend the regulations issued under sections
7(j)(10) and 8(a) of the Small Business Act (15 U.S.C. 636(j)(10) and
637(a)) in accordance with this section and the amendments made by this
section, which shall include--
            (1) establishing criteria for determining whether an Alaska
        Native Corporation or Alaska Native Village is, as a group,
        socially disadvantaged, in accordance with the factors
        described in section 8(a)(5)(A) of the Small Business Act, as
        so designated by this Act;
            (2) establishing criteria for determining whether an Alaska
        Native Corporation, Alaska Native Village, or Native Hawaiian
        Organization is economically disadvantaged;
            (3) repealing the provision that excludes certain
        affiliates of an Alaska Native Corporation or Alaska Native
        Village in determining whether a business is a small business
        concern;
            (4) repealing the waiver for Alaska Native Corporations and
        Alaska Native Villages of the requirement that the management
        and daily business operations of a business concern
        participating in the program under section 8(a) of the Small
        Business Act (15 U.S.C. 637(a)) are controlled by one or more
        socially and economically disadvantaged individuals;
            (5) applying to small business concerns owned by an Alaska
        Native Corporation or Alaska Native Village the limitation on
        eligibility for a sole source award under section 8(a)(1)(D) of
        the Small Business Act (15 U.S.C. 637(a)(1)(D)) based on the
        maximum total amount of competitive and sole source awards
        under such section 8(a) that are applicable to small business
        concerns that are owned by a socially and economically
        disadvantaged individual;
            (6) prohibiting a single Alaska Native Corporation or
        Alaska Native Village from conferring eligibility to
        participate in the program under section 8(a) of the Small
        Business Act (15 U.S.C. 637(a)) on more than 1 small business
        concern at any one time; and
            (7) applying to small business concerns owned by an Alaska
        Native Corporation or Alaska Native Village the limitation on
        ownership of other firms participating in the program under
        section 8(a) of the Small Business Act (15 U.S.C. 637(a)) that
        is applicable to small business concerns that are owned by a
        socially and economically disadvantaged individual.

SEC. 9. DEFINITIONS.

    In this Act--
            (1) the term ``Administrator'' means the Administrator of
        the Small Business Administration;
            (2) the terms ``Alaska Native Corporation'' and ``Alaska
        Native Village'' have the meanings given those terms in section
        3(p)(6) of the Small Business Act (15 U.S.C. 632(p)(6));
            (3) the term ``Native Hawaiian Organization'' has the
        meaning given that term in section 8(a)(15) of the Small
        Business Act (15 U.S.C. 637(a)(15)); and
            (4) the term ``small business concern'' has the meaning
        given that term under section 3 of the Small Business Act (15
        U.S.C. 632).

Output:
Amends the Small Business Act to exclude from the definition of "Indian tribe" any Alaska Native Corporation (ANC) or Alaska Native Village (ANV).

Amends the Alaska Native Claims Settlement Act to provide that, for purposes of eligibility for procurement contracts provided through the Small Business Administration (SBA), whether an ANC or ANV is socially or economically disadvantaged shall be determined by the SBA Administrator according to eligibility standards for SBA 8(a) general small business loans. Makes members of socially and economically disadvantaged ANCs or ANVs eligible for such loans.

Directs the Administrator to apply to small businesses owned by an ANC or ANV the competitive thresholds for awarding SBA sole source contracts that are applicable to small businesses owned and controlled by socially and economically disadvantaged individuals.

Prohibits the Administrator from extending or waiving, for small businesses owned by an ANC or ANV, the time limitations applicable to participants in the small business capital ownership development program. Outlines annual report requirements for program participants who are ANCs or ANVs.

Requires the Administrator to amend SBA regulations to incorporate amendments made by this Act.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Medicare Part D Outreach and
Enrollment Enhancement Act of 2006''.

SEC. 2. OUTREACH AND EDUCATION FUNDING.

    (a) Medicare Outreach and Education by State Health Insurance
Counseling Programs.--
            (1) Fiscal year 2006.--There are appropriated $13,500,000
        to the Centers for Medicare & Medicaid Services to be used to
        provide additional grants to State health insurance counseling
        and assistance programs to conduct outreach and education
        related to enrollment in the Medicare program under title XVIII
        of the Social Security Act.
            (2) Additional funding for future outreach and education
        efforts.--There are authorized to be appropriated for each of
        fiscal years 2007, 2008, 2009, and 2010, an amount equal to $1
        multiplied by the total number of individuals entitled to
        benefits, or enrolled, under part A of title XVIII of the
        Social Security Act, or enrolled under part B of such title
        during the fiscal year (as determined by the Secretary of
        Health and Human Services, based on the most recent available
        data before the beginning of the fiscal year) to be used to
        provide additional grants to State health insurance counseling
        and assistance programs to conduct outreach and education
        related to enrollment in such Medicare program.
    (b) Part D Outreach and Education.--
            (1) In general.--There are appropriated $6,300,000 to the
        Centers for Medicare & Medicaid Services to be used to provide
        funding to Area Agencies on Aging and Native American aging
        programs to conduct outreach and education related to the
        Medicare prescription drug program under part D of title XVIII
        of the Social Security Act.
            (2) Transfer of funds through interagency agreement.--
                    (A) Transfer.--Subject to subparagraph (B), the
                Administrator of the Centers for Medicare & Medicaid
                Services shall transfer amounts provided under
                paragraph (1) to the Administration on Aging under an
                interagency agreement.
                    (B) Interagency agreement.--The interagency
                agreement entered into under subparagraph (A) shall
                establish guidelines with respect to the distribution
                of amounts transferred under such subparagraph to Area
                Agencies on Aging and Native American aging programs,
                taking into account any variations in the population
                served by such Agencies and such programs.
                    (C) Timing of interagency agreement and
                distribution of funds.--
                            (i) Interagency agreement.--Not later than
                        the date that is 60 days after the date of
                        enactment of this Act, the Administrator of the
                        Centers for Medicare & Medicaid Services shall
                        enter into the interagency agreement described
                        in subparagraph (A).
                            (ii) Distribution of funds.--Not later than
                        the date that is 120 days after the date of
                        enactment of this Act, the Administration on
                        Aging shall distribute the amounts transferred
                        under such interagency agreement.

SEC. 3. SPECIAL ENROLLMENT PERIOD FOR INDIVIDUALS ELIGIBLE FOR AN
              INCOME-RELATED SUBSIDY.

    (a) Special Enrollment Period.--Section 1860D-1(b)(3) of the Social
Security Act (42 U.S.C. 1395w-101(b)(3)) is amended by adding at the
end the following new subparagraph:
                    ``(F) Application for low-income subsidy.--
                            ``(i) In general.--Subject to clause (iii),
                        in the case of an applicable individual (as
                        defined in clause (ii)).
                            ``(ii) Applicable individual defined.--For
                        purposes of this subparagraph, the term
                        `applicable individual' means a part D eligible
                        individual who--
                                    ``(I) has an application for an
                                income-related subsidy under section
                                1860D-14 pending during the
                                individual's initial enrollment period
                                (as determined under paragraph (2));
                                and
                                    ``(II) does not receive
                                notification of the approval or
                                disapproval of such application prior
                                to the end of such initial enrollment
                                period.
                            ``(iii) Timing of special enrollment
                        period.--The special enrollment period
                        established under this subparagraph shall be
                        for a period (not to exceed 30 days) beginning
                        on the date the applicable individual receives
                        the notification described in clause
                        (ii)(II).''.
    (b) Waiver of Late Enrollment Penalty.--Section 1860D-13(b) of the
Social Security Act (42 U.S.C. 1395w-113(b)) is amended by adding at
the end the following new paragraph:
            ``(8) Waiver of penalty.--An applicable individual (as
        defined in clause (ii) of section 1860D-1(b)(3)(F)) who enrolls
        during the special enrollment period established under such
        section shall not be subject to an increase in the monthly
        beneficiary premium established under subsection (a) with
        respect to months occurring prior to the date of such
        enrollment.''.
    (c) Effective Date.--The amendments made by this section shall take
effect as if included in the enactment of section 101(a) of the
Medicare Prescription Drug, Improvement, and Modernization Act of 2003
(Public Law 108-173).

Output:
Medicare Part D Outreach and Enrollment Enhancement Act of 2006 - Authorizes and makes appropriations to the Centers for Medicare & Medicaid Services for additional grants to state health insurance counseling and assistance (HICA) programs to conduct outreach and education related to enrollment in the Medicare program under title XVIII of the Social Security Act (SSA).

Makes appropriations to the Centers for Medicare & Medicaid Services to provide funding to Area Agencies on Aging and Native American aging programs to conduct outreach and education related to the Medicare prescription drug program under part D (Voluntary Prescription Drug Benefit Program) of SSA title XVIII.

Amends SSA title XVIII part D to provide a special enrollment period for individuals who qualify for a low- income-related subsidy under the Medicare prescription drug program.


Input:
TITLE I

    This Act may be cited as the ``Land and Liberty Protection Act of
2008''.

                                TITLE II

SECTION 1. SHORT TITLE.

    This title may be cited as the ``Protecting Americans From Violent
Crime Act of 2008''.

SEC. 2. CONGRESSIONAL FINDINGS.

    Congress finds the following:
            (1) The Second Amendment to the Constitution provides that
        ``the right of the people to keep and bear Arms, shall not be
        infringed''.
            (2) Section 2.4(a)(1) of title 36, Code of Federal
        Regulations, provides that ``except as otherwise provided in
        this section and parts 7 (special regulations) and 13 (Alaska
        regulations), the following are prohibited: (i) Possessing a
        weapon, trap or net, (ii) Carrying a weapon, trap or net, (iii)
        Using a weapon, trap or net''.
            (3) Section 27.42 of title 50, Code of Federal Regulations,
        provides that, except in special circumstances, citizens of the
        United States may not ``possess, use, or transport firearms on
        national wildlife refuges'' of the United States Fish and
        Wildlife Service.
            (4) The regulations described in paragraphs (2) and (3)
        prevent individuals complying with Federal and State laws from
        exercising the second amemdment rights of the individuals while
        at units of--
                    (A) the National Park System; and
                    (B) the National Wildlife Refuge System.
            (5) The existence of different laws relating to the
        transportation and possession of firearms at different units of
        the National Park System and the National Wildlife Refuge
        System entraps law-abiding gun owners while at units of the
        National Park System and the National Wildlife Refuge System.
            (6) The Federal laws should make it clear that the second
        amendment rights of an individual at a unit of the National
        Park System or the National Wildlife Refuge System should not
        be infringed.

SEC. 3. PROTECTING THE RIGHT OF INDIVIDUALS TO BEAR ARMS IN UNITS OF
              THE NATIONAL PARK SYSTEM AND THE NATIONAL WILDLIFE REFUGE
              SYSTEM.

    The Secretary of the Interior shall not promulgate or enforce any
regulation that prohibits an individual from possessing a firearm
including an assembled or functional firearm in any unit of the
National Park System or the National Wildlife Refuge System if--
            (1) the individual is not otherwise prohibited by law from
        possessing the firearm; and
            (2) the possession of the firearm is in compliance with the
        law of the State in which the unit of the National Park System
        or the National Wildlife Refuge System is located.

                               TITLE III

SECTION 1. SHORT TITLE.

    This title may be cited as the ``Government Real Estate
Accountability and Transparency Act of 2008''.

SEC. 2. ANNUAL REPORT DETAILING AMOUNT OF LAND OWNED BY FEDERAL
              GOVERNMENT AND THE COST OF GOVERNMENT LAND OWNERSHIP TO
              TAXPAYERS.

    (a) Annual Report.--
            (1) In general.--Subject to paragraph (2), not later than
        May 15, 2009, and annually thereafter, the Director of the
        Office of Management and Budget (referred to in this section as
        the ``Director'') shall ensure that a report that contains the
        information described in subsection (b) is posted on a publicly
        available website.
            (2) Extension relating to certain segment of report.--With
        respect to the date on which the first annual report is
        required to be posted under paragraph (1), if the Director
        determines that an additional period of time is required to
        gather the information required under subsection (b)(3)(B), the
        Director may--
                    (A) as of the date described in paragraph (1), post
                each segment of information required under paragraphs
                (1), (2), and (3)(A) of subsection (b); and
                    (B) as of May 15, 2010, post the segment of
                information required under subsection (b)(3)(B).
    (b) Required Information.--An annual report described in subsection
(a) shall contain, for the period covered by the report--
            (1) a description of the total quantity of--
                    (A) land located within the jurisdiction of the
                United States, to be expressed in acres;
                    (B) the land described in subparagraph (A) that is
                owned by the Federal Government, to be expressed--
                            (i) in acres; and
                            (ii) as a percentage of the quantity
                        described in subparagraph (A); and
                    (C) the land described in subparagraph (B) that is
                located in each State, to be expressed, with respect to
                each State--
                            (i) in acres; and
                            (ii) as a percentage of the quantity
                        described in subparagraph (B);
            (2) a description of the total annual cost to the Federal
        Government for maintaining all parcels of administrative land
        and all administrative buildings or structures under the
        jurisdiction of each Federal agency; and
            (3) a list and detailed summary of--
                    (A) with respect to each Federal agency--
                            (i) the number of unused or vacant assets;
                            (ii) the replacement value for each unused
                        or vacant asset;
                            (iii) the total operating costs for each
                        unused or vacant asset; and
                            (iv) the length of time that each type of
                        asset described in clause (i) has been unused
                        or vacant, organized in categories comprised of
                        periods of--
                                    (I) not more than 1 year;
                                    (II) not less than 1, but not more
                                than 2, years; and
                                    (III) not less than 2 years; and
                    (B) the estimated costs to the Federal Government
                of the maintenance backlog of each Federal agency, to
                be--
                            (i) organized in categories comprised of
                        buildings and structures; and
                            (ii) expressed as an aggregate cost.
    (c) Use of Existing Annual Reports.--An annual report required
under subsection (a) may be comprised of any annual report relating to
the management of Federal real property that is published by a Federal
agency.

                                TITLE IV

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``No Trespassing Act of 2008''.

SEC. 2. NOTIFICATION REQUIREMENT.

    The Secretary of the Interior shall not approve a management plan
for a National Heritage Area unless the local coordinating entity of
the proposed National Heritage Area provides written notification
through the United States mail of the designation to each individual
who resides, or owns property that is located, in the proposed National
Heritage Area.

SEC. 3. WRITTEN CONSENT REQUIREMENT.

    With respect to each National Heritage Area, no employee of the
National Park Service or member of the local coordinating entity of the
National Heritage Area (including any designee of the National Park
Service or the local coordinating entity) may enter a parcel of private
property located in the National Heritage Area without the written
consent of the owner of the parcel of property.

                                TITLE V

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Taxpayer Property Protection Act of
2008''.

SEC. 2. REQUIRING CITIZEN APPROVAL OF GOVERNMENT LAND GRABS.

    (a) In General.--Subject to subsections (b) and (c), the Department
of the Interior, the Department of Energy, and the Forest Service,
acting individually or in coordination, shall not assume control of any
parcel of land located in a State unless the citizens of each political
subdivision of the State in which a portion of the parcel of land is
located approve the assumption of control by a referendum.
    (b) National Emergencies.--The requirement described in subsection
(a) shall not apply in the case of a national emergency, as determined
by the President.
    (c) Private Landowners.--The requirement described in subsection
(a) shall not apply in the case of an exchange between a private
landowner and the Federal Government of a parcel of land.
    (d) Duration of Approval.--
            (1) In general.--With respect to a parcel of land described
        in subsection (a), the approval of the citizens of each
        political subdivision in which a portion of the parcel of land
        is located terminates on the date that is 10 years after the
        date on which the citizens of each political subdivision
        approve the control of the parcel of land by the Department of
        the Interior, the Department of Energy, or the Forest Service
        under that subsection.
            (2) Renewal of approval.--With respect to a parcel of land
        described in subsection (a), the Department of the Interior,
        the Department of Energy, or the Forest Service, as applicable,
        may renew, by referendum, the approval of the citizens of each
        political subdivision in which a portion of the parcel of land
        is located.

                                TITLE VI

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Do No Harm Act of 2008''.

SEC. 2. GUARANTEE OF NO ADVERSE AFFECTS TO CITIZENS AS A RESULT OF A
              NATIONAL HERITAGE AREA DESIGNATION.

    Each National Heritage Area designation shall not take effect until
the date on which the President certifies that--
            (1) the designation of each proposed National Heritage Area
        will not cause an adverse impact on--
                    (A) agricultural or livestock production within the
                proposed National Heritage Area;
                    (B) energy exploration and production within the
                proposed National Heritage Area;
                    (C) critical infrastructure located within the
                proposed National Heritage Area, including the
                placement and maintenance of--
                            (i) electric transmission and distribution
                        lines (including related infrastructure); and
                            (ii) natural gas pipelines (including
                        related infrastructure); and
                    (D) the affordability of housing; and
            (2) with respect to each State in which there is located a
        proposed National Heritage Area, the total deferred maintenance
        backlog of the State is an amount not greater than $50,000,000,
        as reported by the Director of the National Park Service to the
        Federal Accounting Standards Advisory Board.

Output:
Land and Liberty Protection Act of 2008 - Protecting Americans from Violent Crime Act of 2008 - Bars the promulgation and enforcement of regulations that prohibit individuals from possessing firearms in units of the National Park System and the National Wildlife Refuge System.

Government Real Estate Accountability and Transparency Act of 2008 - Requires the submission of annual reports detailing the amount of land that is owned by the federal government and the costs of maintaining that land.

No Trespassing Act of 2008 - Bars the Secretary of the Interior from approving a management plan for a National Heritage Area unless the local coordinating entity of the proposed Area notifies the individuals who reside or own property in that Area. Prohibits any National Park Service (NPS) employee or member of the local coordinating entity of a National Heritage Area from entering private property without the owner's consent.

Taxpayer Property Protection Act of 2008 - Bars the Department of the Interior, the Department of Energy, and the Forest Service from assuming control of any land in a state unless the citizens of the political subdivisions in which the land is located approve the assumption of control by a referendum.

Do No Harm Act of 2008 - Prohibits a National Heritage Area designation from taking effect until the President certifies that it will not cause an adverse impact on specified agriculture, livestock, energy, critical infrastructure, and housing concerns.