Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Infant and Toddler Care Improvement
Act''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds the following:
            (1) The brain undergoes its most dramatic development
        during a child's first 3 years of life, with 700 new
        neurological connections being formed every second based on
        early experience. During this time, the brain's foundational
        capacities for thinking, language, emotion, and self-regulation
        are formed.
            (2) Economic deprivation can also affect the development of
        the brain and impair all aspects of development. Children in
        families below the poverty line are at risk for prolonged
        ``toxic'' stress, which can change the shape of the brain's
        structure. Twenty-five percent of children younger than 3 years
        of age live in families with incomes below the poverty level.
            (3) Child care is second only to the family setting as the
        place in which early development takes place for many infants
        and toddlers. Sixty-one percent of mothers with children
        younger than 3 years of age are in the labor force and over
        6,000,000 children younger than 3 years of age are cared for by
        someone other than their parents for some part or all of the
        day. Therefore, the relationship between the child and the
        child care provider often plays a significant role in child
        development.
            (4) Research shows that high-quality child care can
        mitigate some of the effects of adverse experiences caused by
        poverty and that low-income children can benefit particularly
        well from high-quality child care. Yet, at-risk children
        younger than 3 years of age often receive low-quality child
        care that can lead to poor developmental outcomes.
            (5) High-quality child care has been shown to promote
        positive cognitive, language, and social and emotional
        development, and contribute to academic success. High-quality
        child care can also help improve a child's communication
        skills, cognitive skills, behavioral skills, math and language
        assessment scores, and verbal intelligence.
            (6) Providing training and technical assistance to family
        child care providers who are infant and toddler care providers,
        through family child care networks, has been shown to improve
        the quality of caregivers.
            (7) Twenty-seven States use infant and toddler specialist
        networks as the structure for providing training and technical
        assistance, using research-based training and techniques such
        as mentoring and on-site coaching, to all types of providers of
        child care for infants or toddlers.
            (8) Preparation for early childhood educators often does
        not include training specific to infants and toddlers. Only 21
        States have infant and toddler credential requirements that
        define the particular knowledge and skills needed to work with
        children younger than 3 years of age.
            (9) Infants and toddlers have unique needs that differ from
        those of older children in areas such as health and safety,
        interaction with teachers and caregivers, and learning, yet not
        all States recognize those differences in licensing regulations
        or in their Quality Rating and Improvement Systems. Just 20
        States have infant and toddler quality indicators in their
        Quality Rating and Improvement Systems and only 3 States have
        separate categories of child care regulations related to
        infants and toddlers.
    (b) Purpose.--The purpose of this Act is to improve the overall
quality of child care programs serving infants or toddlers.

SEC. 3. HIGH-QUALITY INFANT AND TODDLER CARE PROGRAM.

    The Child Care and Development Block Grant Act of 1990 is amended
by inserting after section 658G (42 U.S.C. 9858e) the following:

``SEC. 658H. HIGH-QUALITY INFANT AND TODDLER CARE PROGRAM.

    ``(a) Definitions.--In this section:
            ``(1) Eligible infant or toddler care provider.--The term
        `eligible infant or toddler care provider' means an eligible
        child care provider, consistent with section 658P, who provides
        care to an infant or toddler.
            ``(2) Infant or toddler.--The term `infant or toddler'
        means an individual under 3 years of age.
            ``(3) Infant or toddler with a developmental delay or
        disability.--
                    ``(A) In general.--The term `infant or toddler with
                a developmental delay or disability' has the meaning
                given the term `infant or toddler with a disability' in
                section 632 of the Individuals with Disabilities
                Education Act (20 U.S.C. 1432).
                    ``(B) Plural form.--The term `infants and toddlers
                with developmental delays or disabilities' means more
                than 1 infant or toddler with a developmental delay or
                disability.
            ``(4) Limited english proficient.--The term `limited
        English proficient' has the meaning given the term in section
        637 of the Head Start Act (42 U.S.C. 9832).
            ``(5) Low-income community.--The term `low-income
        community' shall be defined by the Secretary.
            ``(6) Low-income family.--The term `low-income family'
        means a family with a family income described in section
        658P(4)(B).
    ``(b) Grants.--
            ``(1) In general.--The Secretary shall make grants to
        eligible States, from allotments described in paragraph (2), to
        enable the States to improve the quality of care for infants
        and toddlers.
            ``(2) Allotments.--
                    ``(A) Amounts reserved.--
                            ``(i) Territories and possessions.--The
                        Secretary shall reserve an amount not to exceed
                        0.5 percent of the amount appropriated under
                        this section for each fiscal year for payments
                        to Guam, American Samoa, the United States
                        Virgin Islands, and the Commonwealth of the
                        Northern Mariana Islands, to be allotted in
                        accordance with their respective needs.
                            ``(ii) Indian tribes.--The Secretary shall
                        reserve not less than 1 percent, and not more
                        than 2 percent, of the amount appropriated
                        under this section for each fiscal year for
                        payments to Indian tribes and tribal
                        organizations with applications approved under
                        section 658O(c).
                    ``(B) Allotments to states.--After making
                reservations under subparagraph (A), the Secretary
                shall use the remainder of the amount appropriated
                under this section for a fiscal year to allot to each
                State an amount that bears the same relationship to
                that remainder as the amount allotted to the State
                under section 658O for that fiscal year bears to the
                amount allotted to all States under section 658O for
                that fiscal year.
                    ``(C) State.--In this paragraph, the term `State'
                does not include Guam, American Samoa, the United
                States Virgin Islands, or the Commonwealth of the
                Northern Mariana Islands.
    ``(c) Amendment to State Plans.--A State that receives a grant
under this section shall include in the State's plan under section
658E, a description of how the State will use funds provided under this
section to improve the quality of infant and toddler care.
    ``(d) Use of Funds.--
            ``(1) In general.--A State that receives a grant under this
        section shall use the funds made available through the grant to
        carry out 1 or more of the activities described in paragraphs
        (2) through (7).
            ``(2) Increasing high-quality infant and toddler care.--
                    ``(A) In general.--A State may use the funds
                described in paragraph (1) to make grants to eligible
                entities to be resources for eligible infant and
                toddler care providers, to improve the quality of early
                care and development services provided to infants and
                toddlers in the community from low-income families and
                to help such providers serving low-income families
                improve their capacity to offer high-quality care to
                such families.
                    ``(B) Eligible entity.--To be eligible to receive a
                grant under this paragraph, an entity shall be an
                eligible child care provider that--
                            ``(i) serves infants and toddlers from low-
                        income families; and
                            ``(ii)(I) is ranked at the top level of the
                        State's Quality Rating and Improvement System
                        or similar rating system or accredited by a
                        national accrediting body recognized, before
                        the date of enactment of the Infant and Toddler
                        Care Improvement Act, for high-quality program
                        standards that are valid and reliable; or
                            ``(II) is an Early Head Start agency under
                        section 645A of the Head Start Act (42 U.S.C.
                        9840a) that is in full compliance with the
                        performance standards applicable to such an
                        agency under the Head Start Act (42 U.S.C. 9831
                        et seq.).
                    ``(C) Priority.--In making grants under this
                paragraph, a State--
                            ``(i) shall give priority to entities that
                        will serve significant populations of low-
                        income families; and
                            ``(ii) may give priority to entities that--
                                    ``(I) are located in low-income
                                communities;
                                    ``(II) will serve communities with
                                significant populations of families
                                with limited English proficiency; or
                                    ``(III) will increase the ability
                                of caregivers to provide appropriate
                                services and coordinate activities with
                                State and local systems providing
                                services under part C of the
                                Individuals with Disabilities Education
                                Act (20 U.S.C. 1431 et seq.) for
                                children with developmental delays or
                                disabilities, including such children
                                in the child welfare system of the
                                State.
            ``(3) Staffed family child care networks or systems.--
                    ``(A) In general.--A State may use the funds
                described in paragraph (1) to make grants to
                organizations with expertise in providing child care
                and related technical assistance, to establish and
                operate staffed family child care networks or systems
                that offer, to family child care providers who are
                eligible infant and toddler care providers, technical
                assistance, training, administrative support, or direct
                services including monitoring visits to providers.
                    ``(B) Priority.--In making grants under this
                paragraph, a State--
                            ``(i) shall give priority to organizations
                        described in paragraph (2)(C)(i); and
                            ``(ii) may give priority to organizations
                        that have 1 or more of the 3 characteristics
                        described in paragraph (2)(C)(ii).
            ``(4) Statewide network of infant and toddler
        specialists.--
                    ``(A) In general.--A State may use the funds
                described in paragraph (1) to support, or to make a
                grant to an organization with expertise in providing
                child care technical assistance to support, a statewide
                network of specialists who are eligible infant and
                toddler care providers, that shall--
                            ``(i) provide individual or group training
                        and intensive consultation services to eligible
                        infant and toddler care providers, including
                        relative caregivers, on strategies to improve
                        the quality of care for infants and toddlers;
                        and
                            ``(ii) assist eligible infant and toddler
                        care providers in coordinating activities with
                        other offices responsible for child care,
                        including Early Head Start programs and Head
                        Start programs carried out under the Head Start
                        Act (42 U.S.C. 9831 et seq.).
                    ``(B) Priority.--In delivering services or making
                grants under this paragraph, a State--
                            ``(i) shall give priority to networks that
                        deliver support to providers described in
                        paragraph (2)(C)(i); and
                            ``(ii) may give priority to networks that
                        deliver support to providers that have 1 or
                        more of the 3 characteristics described in
                        paragraph (2)(C)(ii).
            ``(5) State workforce quality initiatives.--
                    ``(A) In general.--A State may use the funds
                described in paragraph (1) to support initiatives to
                improve the quality of the workforce of eligible infant
                and toddler care providers, such as--
                            ``(i) providing relevant training,
                        professional development, or mentoring to
                        eligible infant and toddler care providers,
                        including linking the training, development, or
                        mentoring to career pathways for eligible
                        infant and toddler care providers;
                            ``(ii) providing scholarships or other
                        financial support to eligible infant and
                        toddler care providers to advance their
                        education and training;
                            ``(iii) coordinating activities with the
                        State's higher education system to expand the
                        availability and quality of coursework for
                        infant and toddler care providers, including
                        developing career pathways for eligible infant
                        and toddler care providers; or
                            ``(iv) improving the State credentialing of
                        eligible infant and toddler care providers.
            ``(6) Systems quality.--A State may use the funds described
        in paragraph (1) to--
                    ``(A) develop infant and toddler components for the
                State's Quality Rating and Improvement System or
                similar rating system, child care licensing
                regulations, or voluntary early learning guidelines;
                    ``(B) improve the ability of parents to obtain
                information about high-quality infant and toddler care;
                or
                    ``(C) assist eligible infant and toddler care
                providers seeking to improve the quality of their
                infant and toddler care by increasing their ranking on
                the State's Quality Rating and Improvement System or
                similar rating system, meeting performance standards
                applicable to an Early Head Start agency under the Head
                Start Act (42 U.S.C. 9831 et seq.), or becoming
                accredited by a national accrediting body described in
                paragraph (2)(B)(ii).
            ``(7) Other high-quality initiatives.--A State may use the
        funds described in paragraph (1) to carry out other activities
        determined by the State to improve the quality of infant and
        toddler care provided in the State and for which there is
        evidence that the activities will lead to improved infant and
        toddler safety, infant and toddler development, or infant and
        toddler well-being.
    ``(e) Reporting.--A State that receives a grant under subsection
(b) shall submit in the State's annual reports required under section
658K(a)(2), information on how the State is using the funding provided
under subsection (b) to improve the quality of infant and toddler care
and the effect such funding is having on the quality of infant and
toddler care in the State.
    ``(f) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary
for fiscal year 2013 and each subsequent fiscal year.''.

SEC. 4. CONFORMING AMENDMENTS.

    (a) Authorization.--Section 658B of the Child Care and Development
Block Grant Act of 1990 (42 U.S.C. 9858) is amended by inserting
``(other than section 658H)'' after ``subchapter''.
    (b) Allotment.--Section 658O(a)(1) of such Act (42 U.S.C.
9858m(a)(1)) is amended by striking ``this subchapter'' and inserting
``section 658B''.

Output:
Infant and Toddler Care Improvement Act - Amends the Child Care and Development Block Grant Act of 1990 to direct the Secretary of Health and Human Services (HHS) to make grants to enable eligible states (including Guam, American Samoa, the U.S. Virgin Islands, and the Commonwealth of the Northern Mariana Islands) to improve the quality of care for infants and toddlers, especially those from low-income families.

Authorizes the use of grant funds to: (1) make grants to organizations with pertinent expertise to establish and operate staffed family child care networks or systems that offer family child care providers technical assistance, training, administrative support, or direct services; (2) support a statewide network of infant and toddler care specialists; and (3) support initiatives to improve the quality of the provider workforce.

Allows the use of such funds also to: (1) develop infant and toddler components for the State's Quality Rating and Improvement System or a similar rating system, child care licensing regulations, or voluntary early learning guidelines; (2) improve the ability of parents to obtain information about high-quality infant and toddler care; or (3) assist eligible infant and toddler care providers seeking to increase their ranking on the State's Quality Rating and Improvement System or similar rating system, meet performance standards applicable to an Early Head Start agency, or become accredited by a national accrediting body.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Border Health Security Act of
2013''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) The United States-Mexico border is an interdependent
        and dynamic region of more than 15,000,000 people with
        significant and unique public health challenges.
            (2) These challenges include low rates of health insurance
        coverage, poor access to health care services, high
        unemployment rates, low educational attainment, and high rates
        of dangerous diseases, such as tuberculosis, diabetes, obesity,
        and other non-communicable diseases.
            (3) As the 2009 novel influenza A (H1N1) pandemic
        illustrated, diseases do not respect international boundaries,
        and a strong public health effort at and along the borders is
        crucial to not only protect and improve the health of Americans
        but also to help secure the country against threats to
        biosecurity and other emerging threats.
            (4) For 11 years, the United States-Mexico Border Health
        Commission has served as a crucial binational institution to
        address these unique and truly cross-border health issues.
            (5) More than 75 percent of Canadians live within 100 miles
        of the United States border. The 2003 epidemic of severe acute
        respiratory syndrome caused more than 250 illnesses in the
        Greater Toronto Area, just 80 miles from New York.

SEC. 3. UNITED STATES-MEXICO BORDER HEALTH COMMISSION ACT AMENDMENTS.

    The United States-Mexico Border Health Commission Act (22 U.S.C.
290n et seq.) is amended--
            (1) in section 3--
                    (A) in paragraph (1), by striking ``; and'' and
                inserting ``;'';
                    (B) in paragraph (2), by striking the period and
                inserting a semicolon; and
                    (C) by adding at the end the following:
            ``(3) to cooperate with the Canada-United States Pan Border
        Public Health Preparedness Council (referred to in this Act as
        the `Council'), as appropriate; and
            ``(4) to serve as an independent and objective body to both
        recommend and implement initiatives that solve border health
        issues.'';
            (2) in section 5--
                    (A) in subsection (b), by striking ``should be the
                leader'' and inserting ``shall be the Chair''; and
                    (B) by adding at the end the following:
    ``(d) Providing Advice and Recommendations.--Members of the
Commission and the Council may at any time provide advice or
recommendations to the Secretary, Congress, or any Member of Congress
concerning issues that are considered by the Commission or Council.
Such advice or recommendations may be provided regardless of whether a
request for such is made and regardless of whether the member or
individual is authorized to provide such advice or recommendations by
the Commission or Council or any other Federal official.'';
            (3) by redesignating section 8 as section 12;
            (4) by striking section 7 and inserting the following:

``SEC. 7. BORDER HEALTH GRANTS.

    ``(a) Eligible Entity Defined.--In this section, the term `eligible
entity' means a State, public institution of higher education, local
government, Indian tribe, tribal organization, urban Indian
organization, nonprofit health organization, trauma center, critical
access hospital or other hospital that serves rural or other vulnerable
communities and populations, faith-based entity, or community health
center receiving assistance under section 330 of the Public Health
Service Act (42 U.S.C. 254b), that is located in the United States-
Mexico border area or the United States-Canada border area.
    ``(b) Authorization.--From amounts appropriated under section 11,
the Secretary, in consultation with members of the Commission and
Council and in coordination with the Office of Global Affairs, shall
award grants to eligible entities to address priorities and
recommendations outlined by the strategic plan and operational work
plan of the Commission and the Council, as authorized under section 9,
to improve the health of United States-Mexico border area and United
States-Canada border area residents.
    ``(c) Application.--An eligible entity that desires a grant under
subsection (b) shall submit an application to the Secretary at such
time, in such manner, and containing such information as the Secretary
may require.
    ``(d) Use of Funds.--An eligible entity that receives a grant under
subsection (b) shall use the grant funds for any of the following:
            ``(1) Programs relating to any one or more of the
        following:
                    ``(A) Maternal and child health.
                    ``(B) Primary care and preventative health.
                    ``(C) Infectious disease testing, monitoring, and
                surveillance.
                    ``(D) Public health and public health
                infrastructure.
                    ``(E) Health promotion.
                    ``(F) Oral health.
                    ``(G) Behavioral and mental health.
                    ``(H) Substance abuse prevention and harm
                reduction.
                    ``(I) Health conditions that have a high prevalence
                in the United States-Mexico border area or United
                States-Canada border area.
                    ``(J) Medical and health services research.
                    ``(K) Workforce training and development.
                    ``(L) Community health workers and promotoras.
                    ``(M) Health care infrastructure problems in the
                United States-Mexico border area or United States-
                Canada border area (including planning and construction
                grants).
                    ``(N) Health disparities in the United States-
                Mexico border area or United States-Canada border area.
                    ``(O) Environmental health.
                    ``(P) Health education.
                    ``(Q) Outreach and enrollment services with respect
                to Federal programs (including programs authorized
                under titles XIX and XXI of the Social Security Act (42
                U.S.C. 1396 et seq. and 1397aa et seq.)).
                    ``(R) Trauma care.
                    ``(S) Health research with an emphasis on
                infectious disease and pressing issues related to
                noncommunicable diseases.
                    ``(T) Epidemiology and health research.
                    ``(U) Cross-border health surveillance coordinated
                with Mexican Health Authorities or Canadian Health
                Authorities.
                    ``(V) Obesity, particularly childhood obesity.
                    ``(W) Crisis communication, domestic violence,
                health literacy, or cancer.
                    ``(X) Community-based participatory research on
                border health issues.
                    ``(Y) Violence prevention.
                    ``(Z) Cross-border public health preparedness.
            ``(2) Other programs determined appropriate by the
        Secretary.
    ``(e) Supplement, Not Supplant.--Amounts provided to an eligible
entity awarded a grant under subsection (b) shall be used to supplement
and not supplant other funds available to the eligible entity to carry
out the activities described in subsection (d).

``SEC. 8. GRANTS FOR EARLY WARNING INFECTIOUS DISEASE SURVEILLANCE
              (EWIDS) IN THE BORDER AREA.

    ``(a) Eligible Entity Defined.--In this section, the term `eligible
entity' means a State, local government, Indian tribe, tribal
organization, urban Indian organization, trauma center, regional trauma
center coordinating entity, or public health entity.
    ``(b) Authorization.--From funds appropriated under section 11, the
Secretary shall award grants for Early Warning Infectious Disease
Surveillance (EWIDS) to eligible entities for infectious disease
surveillance activities in the United States-Mexico border area or
United States-Canada border area.
    ``(c) Application.--An eligible entity that desires a grant under
this section shall submit an application to the Secretary at such time,
in such manner, and containing such information as the Secretary may
require.
    ``(d) Uses of Funds.--An eligible entity that receives a grant
under subsection (b) shall use the grant funds, in coordination with
State and all local hazards programs, to--
            ``(1) develop and implement infectious disease surveillance
        plans and networks and public health emergency and readiness
        assessments and preparedness plans, and purchase items
        necessary for such plans;
            ``(2) coordinate infectious disease surveillance planning
        and interjurisdictional risk assessments in the region with
        appropriate United States-based agencies and organizations and
        appropriate authorities in Mexico or Canada;
            ``(3) improve infrastructure, including surge capacity,
        syndromic surveillance, and isolation/decontamination capacity,
        and policy preparedness, including for mutual assistance and
        for the sharing of information and resources;
            ``(4) improve laboratory capacity, in order to maintain and
        enhance capability and capacity to detect potential infectious
        disease, whether naturally occurring or the result of
        terrorism;
            ``(5) create and maintain a health alert network, including
        risk communication and information dissemination that is
        culturally competent and takes into account the needs of at-
        risk populations, including individuals with disabilities;
            ``(6) educate and train clinicians, epidemiologists,
        laboratories, and emergency management personnel;
            ``(7) implement electronic data and infrastructure
        inventory systems to coordinate the triage, transportation, and
        treatment of multicasualty incident victims;
            ``(8) provide infectious disease testing in the United
        States-Mexico border area or United States-Canada border area;
        and
            ``(9) carry out such other activities identified by the
        Secretary, members of the Commission, members of the Council,
        State or local public health authorities, representatives of
        border health offices, or authorities at the United States-
        Mexico or United States-Canada borders.

``SEC. 9. PLANS, REPORTS, AUDITS, AND BY-LAWS.

    ``(a) Strategic Plan.--
            ``(1) In general.--Not later than 2 years after the date of
        enactment of this section, and every 5 years thereafter, the
        Commission (including the participation of members representing
        both the United States and Mexican sections) and the Council
        (including the participation of members representing both the
        United States and Canada) shall each prepare a binational
        strategic plan to guide the operations of the Commission and
        the Council and submit such plan to the Secretary and Congress.
            ``(2) Requirements.--The binational strategic plan under
        paragraph (1) shall include--
                    ``(A) health-related priority areas determined most
                important by the full membership of the Commission or
                Council, as applicable;
                    ``(B) recommendations for goals, objectives,
                strategies, and actions designed to address such
                priority areas; and
                    ``(C) a proposed evaluation framework with output
                and outcome indicators appropriate to gauge progress
                toward meeting the objectives and priorities of the
                Commission or Council, as applicable.
    ``(b) Work Plan.--Not later than January 1, 2015, and every 2 years
thereafter, the Commission and the Council shall develop and approve an
operational work plan and budget based on the strategic plan under
subsection (a).
    ``(c) GAO Review.--Not later than January 1, 2016, and every 2
years thereafter, the Comptroller General of the United States shall
conduct an evaluation of the activities conducted by the Commission and
the Council based on the operational work plans described in subsection
(b) for the previous year and the output and outcome indicators
included in the strategic plan described in subsection (a). The
evaluation shall include a request for written evaluations from members
of the Commission and the Council about barriers and facilitators to
executing successfully the work plans of the Commission and the
Council.
    ``(d) Biannual Reporting.--The Commission and Council shall each
issue a biannual report to the Secretary that provides independent
policy recommendations related to border health issues. Not later than
3 months following receipt of each such biannual report, the Secretary
shall provide to Congress the report and any studies or other materials
produced independently by the Commission and Council.
    ``(e) Audits.--The Secretary shall annually prepare an audited
financial report to account for all appropriated assets expended by the
Commission and Council to address both the strategic and operational
work plans for the year involved.
    ``(f) By-Laws.--Not later than 6 months after the date of enactment
of this section, the Commission and Council shall develop and approve
bylaws to provide fully for compliance with the requirements of this
section.
    ``(g) Transmittal to Congress.--The Commission and Council shall
submit copies of the operational work plan and by-laws to Congress. The
Comptroller General of the United States shall submit a copy of each
evaluation completed under subsection (c) to Congress.

``SEC. 10. COORDINATION.

    ``(a) In General.--To the extent practicable and appropriate,
plans, systems, and activities to be funded (or supported) under this
Act for all hazard preparedness, and general border health, shall be
coordinated with Federal, State, and local authorities in Mexico,
Canada, and the United States.
    ``(b) Coordination of Health Services and Surveillance.--The
Secretary, acting through the Assistant Secretary for Preparedness and
Response, when appropriate, may coordinate with the Secretary of
Homeland Security in establishing a health alert system that--
            ``(1) alerts clinicians and public health officials of
        emerging disease clusters and syndromes along the United
        States-Mexico border area and United States-Canada border area;
        and
            ``(2) warns of health threats, extreme weather conditions,
        disasters of mass scale, bioterrorism, and other emerging
        threats along the United States-Mexico border area and United
        States-Canada border area.

``SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

    ``There is authorized to be appropriated to carry out this Act
$7,000,000 for fiscal year 2014 and each succeeding year, subject to
the availability of appropriations for such purpose, of which
$4,650,000 shall be made available to fund operationally feasible
functions, activities, and grants with respect to the United States-
Mexico border and the border health activities under cooperative
agreements with the border health offices of the States of California,
Arizona, New Mexico, and Texas, and $2,350,000 shall be allocated for
the administration of United States activities under this Act on the
United States-Canada border and the border health authorities, acting
through the Canada-United States Pan-Border Public Health Preparedness
Council.''; and
            (5) in section 12 (as so redesignated)--
                    (A) by redesignating paragraphs (3) and (4) as
                paragraphs (4) and (6), respectively;
                    (B) by inserting after paragraph (2), the
                following:
            ``(3) Indians; indian tribe; tribal organization; urban
        indian organization.--The terms `Indian', `Indian tribe',
        `tribal organization', and `urban Indian organization' have the
        meanings given such terms in section 4 of the Indian Health
        Care Improvement Act (25 U.S.C. 1603).''; and
                    (C) by inserting after paragraph (4), as so
                redesignated, the following:
            ``(5) United states-canada border area.--The term `United
        States-Canada border area' means the area located in the United
        States and Canada within 100 kilometers of the border between
        the United States and Canada.''.

Output: Border Health Security Act of 2013 - Amends the United States-Mexico Border Health Commission Act to: (1) revise the duties of the United States-Mexico Border Health Commission to include cooperating with the Canada-United States Pan Border Public Health Preparedness Council and serving as an independent and objective body to recommend and implement initiatives that solve border health issues, and (2) authorize appropriations. Designates the Commissioner of the U.S. section of the Commission as the Chair (currently, leader) of the section. Authorizes members of the Commission and the Council to provide advice or recommendations to the Secretary of Health and Human Services (HHS), Congress, or any Member of Congress concerning issues that are considered by the Commission or Council. Requires the Secretary to award grants: (1) to eligible entities to improve the health of individuals residing in the U.S.-Mexico and U.S.-Canada border areas, and (2) for Early Warning Infectious Disease Surveillance to eligible entities for infection disease surveillance activities in such areas. Requires the Commission and the Council to each: (1) prepare (every five years) a binational strategic plan to guide its operation, (2) develop and approve (every two years) an operational work plan and budget based on the strategic plan, and (3) issue a biannual report to the Secretary that provides independent policy recommendations related to border health issues.  Requires the Comptroller General (GAO) (every two years) to conduct an evaluation of Commission and Counsel activities. Requires plans, systems, and activities supported under such Act for all hazard preparedness, and general border health, to be coordinated with authorities in Mexico, Canada, and the United States to the extent practicable. Authorizes the Assistant Secretary for Preparedness and Response to coordinate with the Secretary of Homeland Security (DHS) in establishing a health alert system that: (1) alerts clinicians and public health officials of emerging disease clusters and syndromes along the U.S.-Mexico and U.S.-Canada border areas; and (2) warns of health threats, extreme weather conditions, disasters of mass scale, bioterrorism, and other emerging threats along such areas.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Give Judge Venckiene Her Day in
Court Act''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) Judge Neringa Venckiene fled to the United States in
        2013 and requested political asylum after a 5-year battle in
        Lithuania to secure justice for her 4-year-old niece, Deimante
        Kedyte, who reported that she was being sexually molested by
        Lithuanian government officials while in her mother's care.
            (2) Deimante Kedyte's claims of sexual molestation were
        evaluated by court-ordered psychologists and psychiatrists and
        deemed to be credible.
            (3) Deimante Kedyte accused of sexual molestation an
        assistant to the Speaker of the Parliament and a sitting judge,
        both associates of her mother.
            (4) Judge Venckiene and Deimante Kedyte's father petitioned
        law enforcement and the courts for full investigation of
        Deimante's claims against the accused individuals, but believed
        the ensuing investigation to be negligent.
            (5) Lithuania's parliament (Legal and Judiciary Committees)
        issued a report in 2010 that deemed the investigation into
        Deimante Kedyte's sexual molestation accusations to be
        negligent and found that the negligence had compromised the
        case against the public officials.
            (6) After Deimante Kedyte's father went missing in 2009,
        Judge Venckiene was awarded guardianship of Deimante.
            (7) Deimante Kedyte's mother was never indicted for
        complicity in the sexual molestation despite a Vilnius District
        Court Ruling in October 2009 that there was enough evidence to
        indict her.
            (8) In December 2011, Judge Venckiene was ordered to give
        Deimante Kedyte, then 7 years old, back to her mother, but
        Deimante refused to return to her mother, indicating fear of
        sexual molestation.
            (9) Hundreds of Lithuanians kept vigil outside Judge
        Venckiene's house to prevent the Lithuanian Government from
        removing Deimante Kedyte.
            (10) In May 2012, the Lithuanian Government sent more than
        200 police officers to take Deimante Kedyte from Judge
        Venckiene by force.
            (11) Deimante Kedyte clung to Judge Venckiene, was ripped
        from her, was carried away shrieking, and has completely
        disappeared from public view for the last 6 years.
            (12) The Lithuanian Government's action resulted in
        protests against the Lithuanian Government in Lithuania and at
        numerous Lithuanian embassies around the world, as well as in
        the United States when the Lithuanian President attended the
        NATO summit in Chicago in May 2012.
            (13) Judge Venckiene published a book entitled ``Way of
        Courage'' in 2012 about Deimante Kedyte's ordeal and
        Lithuania's failure to properly investigate and prosecute the
        case against the government officials.
            (14) ``Way of Courage'' became the name of a new, anti-
        corruption, anti-pedophilia political party in Lithuania, which
        elected Judge Venckiene to Lithuania's parliament in 2012.
            (15) Judge Venckiene sought political asylum in the United
        States in 2013 after she received threats and experienced what
        she believed was an attempt on her life following a political
        rally, and after the Lithuanian Government moved to lift Judge
        Venckiene's parliamentary immunity.
            (16) The Lithuanian Government has systematically
        prosecuted for ``false statements'' and other crimes the
        journalists, a medical professional, Deimante Kedyte's
        grandparents, Judge Venckiene's neighbor, people who attended
        rallies on her behalf, and many others who came forward with
        evidence or support of Deimante Kedyte's claims of sexual
        molestation or who opposed the violent removal of Deimante from
        Judge Venckiene.
            (17) Lithuania has leveled more than 35 charges against
        Judge Venckiene, including charges for filing petitions on
        behalf of Deimante Kedyte with Lithuania's courts and the
        Child's Rights Ombudsman, making statements critical of the
        investigation to journalists, describing in her book the sexual
        molestation case against and naming the public officials,
        involvement in ``unauthorized protests'', ``humiliating the
        court'', desecrating the national anthem, conducting her own
        investigation into the case, failing to turn Deimante over to
        the accused mother, bruising an officer, and kicking at
        Deimante's mother when the mother tried to remove Deimante.
            (18) The extradition treaty signed by the United States and
        the Republic of Lithuania on October 23, 2001, does not permit
        for Judge Venckiene to offer counter-evidence in United States
        court to any of Lithuania's charges against her or to make the
        case for political motivation.
            (19) A United States Magistrate Judge in April 2018
        approved extradition for charges that Judge Venckiene hindered
        the activities of a bailiff, failed to comply with a court's
        decision not associated with a penalty, caused physical pain,
        and resisted against a civil servant or a person performing the
        functions of public administration--all charges related to
        Deimante Kedyte being taken from Judge Venckiene's home and
        returned to the accused mother.
            (20) Former political prisoners, as well as current and
        former government officials in Lithuania have written to the
        United States Government, warning that the Lithuanian
        Government's charges against Judge Venckiene are politically
        motivated.
            (21) The Chairman of the Supreme Court of Lithuania
        Gintaras Kryzevicius has been reported as publicly saying that
        Judge Venckiene ``is an abscess in the legal system and an
        abscess in the political system'' and ``the trouble of the
        whole state''.
            (22) Sweden, Ireland, Northern Ireland, Denmark, Malta,
        Ukraine, and Russia have all refused to extradite individuals
        to Lithuania.
            (23) Judge Venckiene can present evidence concerning the
        political motivation of Lithuania's charges against her before
        an immigration judge if she is excluded from the extradition
        treaty and allowed to proceed with her political asylum case,
        filed in 2013 and scheduled to be heard in July 2019.

SEC. 3. EXCLUSION FROM EXTRADITION TREATY BETWEEN THE UNITED STATES OF
              AMERICA AND THE REPUBLIC OF LITHUANIA.

    (a) In General.--Notwithstanding any other provision of law, Judge
Neringa Venckiene shall be excluded from extradition under the
Extradition Treaty Between the Government of the United States of
America and the Government of the Republic of Lithuania, signed at
Vilnius on October 23, 2001, and entered into force on March 31, 2003
(as amended by the Protocol on the Application of the Agreement on
Extradition between the Unites States of America and the European Union
to the Extradition Treaty between the Government of the United States
of America and the Government of the Republic of Lithuania, signed at
Brussels on June 15, 2005, and entered into force on February 1, 2010),
and excluded from all other laws allowing for her extradition to
Lithuania.
    (b) Political Asylum.--Judge Neringa Venckiene shall be permitted
to remain in the United States until a final order is issued with
respect to her pending application for asylum.
    (c) Free Movement.--Judge Neringa Venckiene shall not be held in
Federal or State prison or detention for any immigration-related or
extradition-related offense and shall be allowed free movement and
continued work permission until a final order is issued with respect to
her pending application for asylum.

Output: Provides for the relief of Judge Neringa Venckiene, who the Government of Lithuania seeks on charges related to her pursuit of justice against Lithuanian public officials accused of sexually molesting her young niece.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Indian Tribal Development
Corporation Feasibility Study Act of 2004''.

SEC. 2. FEASIBILITY STUDY.

    Section 4(b) of the Native American Business Development, Trade
Promotion, and Tourism Act of 2000 (25 U.S.C. 4303(b)) is amended--
            (1) by redesignating paragraph (6) as paragraph (7); and
            (2) by inserting after paragraph (5) the following:
            ``(6) Tribal development corporation feasibility study.--
                    ``(A) In general.--The Secretary shall establish
                the Tribal Development Corporation Feasibility Study
                Group (referred to in this paragraph as the `Group').
                    ``(B) Members.--The Group shall be comprised of 12
                members, as follows:
                            ``(i) Representatives of indian tribes.--
                        Five members of the Group shall be
                        representatives of federally recognized Indian
                        tribes.
                            ``(ii) Representatives of the alaska native
                        community.--Three members of the Group shall be
                        representatives of the Alaska Native Community.
                            ``(iii) Representative of the native
                        hawaiian community.--One member of the Group
                        shall be a representative of the Native
                        Hawaiian Community.
                            ``(iv) Representative of the private
                        sector.--Two members of the Group shall be
                        representatives of nongovernmental economic
                        activities carried out by private enterprises
                        in the private sector.
                            ``(v) Federal officials.--One member of the
                        Group shall be a representative of the
                        Department of the Treasury with demonstrated
                        experience in international economic
                        development and international financial
                        institutions.
                    ``(C) Chairperson.--The members of the Group shall
                select a Chairperson.
                    ``(D) Personnel and services.--
                            ``(i) In general.--The Chairperson of the
                        Group may appoint and terminate such personnel
                        as are necessary to enable the Group to perform
                        its duties.
                            ``(ii) Procurement of services.--The
                        Chairperson may procure such services as are
                        necessary to enable the Group to perform the
                        duties of the Group.
                    ``(E) Study.--
                            ``(i) In general.--Not later than 270 days
                        after the date of enactment of this
                        subparagraph, the Group shall--
                                    ``(I) conduct a study to determine
                                the feasibility of establishing an
                                Indian Tribal Development Corporation
                                (referred to in this subparagraph as
                                the `Corporation'); and
                                    ``(II) submit to the Committee on
                                Indian Affairs and the Committee on
                                Appropriations of the Senate and the
                                Committee on Resources and the
                                Committee on Appropriations of the
                                House of Representatives a report that
                                describes the results of the study and
                                any recommendations of the Group for
                                further legislative action.
                            ``(ii) Contents.--The report shall
                        contain--
                                    ``(I) a discussion and
                                determination of the financial
                                feasibility of the Corporation,
                                including whether the Corporation can
                                be, over the long term, financially
                                self-sustainable;
                                    ``(II) a discussion and
                                determination of the probable economic
                                impact of the Corporation, including a
                                demonstration of the quantitative and
                                qualitative economic impact on Native
                                American communities;
                                    ``(III) a discussion and
                                determination of the best alternatives
                                in the structure, organization, and
                                lending terms and conditions of the
                                Corporation, including the most
                                appropriate structure of capital
                                contributions to best serve, and be
                                acceptable to, Native interests;
                                    ``(IV) a discussion and
                                determination of the basic terms and
                                conditions under which funding would be
                                provided to member Indian tribes;
                                    ``(V) a discussion of nonfinancial
                                and advisory activities to be
                                undertaken by the Corporation,
                                including the use of diagnostic studies
                                by the Corporation to--
                                            ``(aa) identify tribal,
                                        Federal, or State policies and
                                        legal and regulatory conditions
                                        and infrastructure deficiencies
                                        that impede investment, both
                                        private and public, needed to
                                        promote economic development;
                                            ``(bb) provide specific
                                        recommendations for remedial
                                        actions that can be undertaken
                                        by an Indian tribe to overcome
                                        such inhibitors of investment;
                                        and
                                            ``(cc) identify and
                                        establish the terms for pre-
                                        appraisal studies of investment
                                        opportunities, both private and
                                        public, that can be developed
                                        and promoted by an Indian
                                        tribe; and
                                    ``(VI) a discussion and
                                determination of--
                                            ``(aa) the capital
                                        structure of the Corporation,
                                        including the optimal level of
                                        initial capital contributions
                                        by both Indian tribes and the
                                        United States Government; and
                                            ``(bb) the financial
                                        instruments that will be
                                        required by the Corporation to
                                        ensure its success.
                    ``(F) Termination of study group.--The Group shall
                terminate 120 days after the date on which the Group
                submits the report under subparagraph (E).
                    ``(G) Authorization of appropriations.--There are
                authorized to be appropriated to carry out this
                paragraph--
                            ``(i) $3,000,000 for fiscal year 2005; and
                            ``(ii) $2,000,000 for fiscal year 2006.''.

            Passed the Senate November 19, 2004.

            Attest:

                                             EMILY J. REYNOLDS,

                                                             Secretary.

Output: Indian Tribal Development Corporation Feasibility Study Act of 2004 - Amends the Native American Business Development, Trade Promotion, and Tourism Act of 2000 to direct the Secretary of Commerce to establish the Tribal Development Corporation Feasibility Study Group to study and report to Congress on the feasibility of establishing an Indian Tribal Development Corporation. Authorizes appropriations for FY 2005 and 2006.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Servicemembers Access to Justice Act
of 2012''.

SEC. 2. WAIVER OF SOVEREIGN IMMUNITY UNDER THE ELEVENTH AMENDMENT WITH
              RESPECT TO ENFORCEMENT OF EMPLOYMENT AND REEMPLOYMENT
              RIGHTS OF MEMBERS OF THE UNIFORMED SERVICES.

    (a) In General.--Section 4323 of title 38, United States Code, is
amended--
            (1) in subsection (b), by striking paragraph (2) and
        inserting the following new paragraph:
    ``(2) In the case of an action against a State (as an employer) by
a person, the action may be brought in the appropriate district court
of the United States or State court of competent jurisdiction.'';
            (2) by redesignating subsection (i) as subsection (j); and
            (3) by inserting after subsection (h) the following new
        subsection:
    ``(i) Waiver of State Sovereign Immunity.--(1) A State's receipt or
use of Federal financial assistance for any program or activity of a
State shall constitute a waiver of sovereign immunity, under the
eleventh amendment to the Constitution or otherwise, to a suit brought
by--
            ``(A) a person who is or was an employee in that program or
        activity for the rights or benefits authorized the person by
        this chapter;
            ``(B) a person applying to be such an employee in that
        program or activity for the rights or benefits authorized the
        person by this chapter; or
            ``(C) a person seeking reemployment as an employee in that
        program or activity for the rights or benefits authorized the
        person by this chapter.
    ``(2) In this subsection, the term `program or activity' has the
meaning given that term in section 309 of the Age Discrimination Act of
1975 (42 U.S.C. 6107).''.
    (b) Application.--The amendments made by subsection (a) shall apply
to--
            (1) any failure to comply with a provision of or any
        violation of chapter 43 of title 38, United States Code, that
        occurs before, on, or after the date of the enactment of this
        Act; and
            (2) to all actions or complaints filed under such chapter
        43 that are commenced after the date of the enactment of this
        Act.

SEC. 3. UNENFORCEABILITY OF AGREEMENTS TO ARBITRATE DISPUTES REGARDING
              EMPLOYMENT AND REEMPLOYMENT RIGHTS OF MEMBERS OF THE
              UNIFORMED SERVICES.

    (a) In General.--Subchapter III of chapter 43 of title 38, United
States Code, is amended by adding at the end the following new section:
``Sec. 4328. Unenforceability of agreements to arbitrate disputes
    ``(a) Protection of Employee Rights.--Notwithstanding any other
provision of law, any clause of any agreement between an employer and
an employee that requires arbitration of a dispute arising under this
chapter shall not be enforceable.
    ``(b) Exceptions.--(1) Subsection (a) shall not apply with respect
to any dispute if, after such dispute arises, the parties involved
knowingly and voluntarily agree to submit such dispute to arbitration.
    ``(2) Subsection (a) shall not preclude the enforcement of any of
the rights or terms of a valid collective bargaining agreement.
    ``(c) Validity and Enforcement.--Any issue as to whether this
section applies to an arbitration clause shall be determined by Federal
law. Except as otherwise provided in chapter 1 of title 9, the validity
or enforceability of an agreement to arbitrate referred to in
subsection (a) or (b)(1), shall be determined by a court, rather than
the arbitrator, irrespective of whether the party resisting arbitration
challenges the agreement to arbitrate specifically or in conjunction
with other terms of the agreement.
    ``(d) Application.--This section shall apply with respect to all
contracts and agreements between an employer and an employee in force
before, on, or after the date of the enactment of this section.''.
    (b) Clerical Amendment.--The table of sections for such chapter is
amended by inserting after the item relating to section 4326 the
following new item:

``4328. Unenforceability of agreements to arbitrate disputes.''.
    (c) Application.--The provisions of section 4328 of title 38,
United States Code, as added by subsection (a), shall apply to--
            (1) any failure to comply with a provision of or any
        violation of chapter 43 of title 38, United States Code, that
        occurs before, on, or after the date of the enactment of this
        Act; and
            (2) to all actions or complaints filed under such chapter
        43 that are pending on or after the date of the enactment of
        this Act.

SEC. 4. ENHANCED REMEDIES FOR ENFORCEMENT OF EMPLOYMENT AND
              REEMPLOYMENT RIGHTS OF MEMBERS OF THE UNIFORMED SERVICES.

    (a) State and Private Employers.--Section 4323(d) of title 38,
United States Code, is amended--
            (1) by redesignating paragraphs (2) and (3) as paragraphs
        (4) and (5), respectively;
            (2) in paragraph (4) (as so redesignated)--
                    (A) by inserting after ``compensation'' each place
                it appears the following: ``or damages'';
                    (B) by striking ``subparagraph (B) or (C) of
                paragraph (1)'' the first place it appears and
                inserting ``paragraph (1) or (3)''; and
                    (C) by striking ``subparagraph (B) or (C) of
                paragraph (1)'' the second place it appears and
                inserting ``paragraph (1) or (3)''; and
            (3) by striking the subsection enumerator and heading and
        paragraph (1) and inserting the following:
    ``(d) Remedies.--(1) A State or private employer who violates the
provisions of this chapter shall be liable to any person affected--
            ``(A) for damages in the amount of--
                    ``(i) any wages, salary, benefits, or other
                compensation denied or lost by such person by reason of
                the violation; or
                    ``(ii) in a case in which wages, salary, benefits,
                or other compensation have not been denied or lost to
                the person, any actual monetary losses sustained by the
                person as a result of the violation;
            ``(B) the interest on the amount described in subparagraph
        (A) calculated at the prevailing interest rates over the period
        of time for which the damages are due; and
            ``(C) an additional amount as liquidated damages equal to
        the sum of the amount described in subparagraph (A) and the
        interest described in subparagraph (B), or $10,000, whichever
        is greater except that, if the employer proves to the
        satisfaction of the court that the act or omission giving rise
        to the person's action was in good faith and that the employer
        had reasonable grounds for believing the act or omission was
        not a violation of the provisions of this chapter, the court
        may award, in its discretion, no liquidated damages or award
        any amount of liquidated damages not to exceed 100 percent of
        the compensation or damages awarded under subparagraph (A) and
        the interest described in subparagraph (B).
    ``(2) In any action under this section, the court may require the
employer to comply with the provisions of this chapter.''.
    (b) Punitive Damages.--Section 4323(d) of such title is further
amended by inserting after paragraph (2) (as inserted by subsection
(a)(3) of this section) the following new paragraph:
    ``(3) In the case of a violation of this chapter by a State or
private employer with 25 or more employees, the court shall require the
employer to pay the person affected punitive damages if the court
determines that the employer's violation of this chapter was done with
malice or reckless indifference to the rights of the person under this
chapter.''.
    (c) Right to Jury Trial.--Section 4323(d) of such title is further
amended by adding at the end the following:
    ``(6) A person who commences an action under this section shall be
entitled to a trial by jury.''.
    (d) Federal Government Employers.--Paragraph (2) of section 4324(c)
of such title is amended to read as follows:
    ``(2) If the Board determines that a Federal executive agency or
the Office of Personnel Management has violated the provisions of this
chapter relating to the employment or reemployment of a person by the
agency, the Board shall enter an order requiring the agency or Office
to comply with such provisions and to compensate such person--
            ``(A) for damages in the amount of--
                    ``(i) any wages, salary, benefits, or other
                compensation denied or lost by such person by reason of
                the violation; or
                    ``(ii) in a case in which wages, salary, benefits,
                or other compensation has not been denied or lost to
                the person, any actual monetary losses sustained by the
                person as a result of the violation;
            ``(B) the interest on the amount described in subparagraph
        (A) calculated at the prevailing interest rates over the period
        of time for which the damages are due; and
            ``(C) an additional amount as liquidated damages equal to
        the sum of the amount described in subparagraph (A) and the
        interest described in subparagraph (B), or $10,000, whichever
        is greater; except that, if the Federal executive agency or the
        Office of Personnel Management proves to the satisfaction of
        the Board that the act or omission giving rise to such person's
        complaint was in good faith and that the agency or Office had
        reasonable grounds for believing that the act or omission was
        not a violation of the provisions of this chapter, the Board
        may award, in the discretion of the Board, no liquidated
        damages or award any amount of liquidated damages not to exceed
        100 percent of the compensation or damages awarded under
        subparagraph (A) and the interest described in subparagraph
        (B).''.
    (e) Application.--The amendments made by this section shall apply
to--
            (1) any failure to comply with a provision of or any
        violation of chapter 43 of title 38, United States Code, that
        occurs before, on, or after the date of the enactment of this
        Act; and
            (2) to all actions or complaints filed under such chapter
        43 that are commenced after the date of the enactment of this
        Act.

SEC. 5. REQUIRED AWARD OF ATTORNEY FEES IN ACTIONS TO ENFORCE
              EMPLOYMENT AND REEMPLOYMENT RIGHTS OF MEMBERS OF THE
              UNIFORMED SERVICES.

    (a) Enforcement of Rights With Respect to a State or Private
Employer.--Section 4323(h)(2) of title 38, United States Code, is
amended by striking ``may'' and inserting ``shall''.
    (b) Enforcement of Rights With Respect to Federal Executive
Agencies.--Section 4324(c)(4) of such title is amended by striking
``the Board may, in its discretion, award'' and inserting ``the Board
shall award''.
    (c) Application.--The amendments made by subsections (a) and (b)
shall apply to--
            (1) any failure to comply with a provision of or any
        violation of chapter 43 of title 38, United States Code, that
        occurs before, on, or after the date of the enactment of this
        Act; and
            (2) to all actions or complaints filed under such chapter
        43 that are pending on or after the date of the enactment of
        this Act.

SEC. 6. REQUIRING EQUITABLE RELIEF WHEN APPROPRIATE.

    (a) In General.--Section 4323(e) of title 38, United States Code,
is amended--
            (1) by striking ``The court shall use,'' and inserting
        ``(1) The court shall use,''; and
            (2) by adding at the end the following new paragraph:
    ``(2) Notwithstanding rule 65 of the Federal Rules of Civil
Procedure or any other provision of law, for purposes of determining
whether to issue an injunction or restraining order pursuant to
paragraph (1)--
            ``(A) an employer's denial of reemployment or retention in
        employment shall constitute irreparable harm to a person who is
        denied reemployment or retention in employment if an injunction
        to reinstate such person is not issued, and such person shall
        be considered to have no adequate remedy at law;
            ``(B) if the court balances the hardships between the
        parties, there shall be a rebuttable presumption that the
        balance of harm to a person who is denied reemployment or
        retention in employment if an injunction to reinstate such
        person is not issued outweighs the harm to such person's
        employer or former employer if an injunction is issued to
        reinstate such person; and
            ``(C) if the court considers the public interest or public
        policy, there shall be a rebuttable presumption that the
        issuance of an injunction to reinstate a person who is denied
        reemployment or retention in employment is in the public
        interest and advances public policy.''.
    (b) Application.--The amendments made by subsection (a) shall apply
to--
            (1) any failure to comply with a provision of or any
        violation of chapter 43 of title 38, United States Code, that
        occurs before, on, or after the date of the enactment of this
        Act; and
            (2) to all actions or complaints filed under such chapter
        43 that are pending on or after the date of the enactment of
        this Act.

SEC. 7. REQUIREMENT THAT FEDERAL AGENCIES PROVIDE NOTICE TO CONTRACTORS
              OF POTENTIAL OBLIGATIONS RELATING TO EMPLOYMENT AND
              REEMPLOYMENT RIGHTS OF MEMBERS OF THE UNIFORMED SERVICES.

    (a) Civilian Agencies.--
            (1) In general.--Chapter 47 of title 41, United States
        Code, is amended by adding at the end the following new
        section:
``Sec. 4712. Notice to contractors of potential obligations relating to
              employment and reemployment rights of members of the
              uniformed services
    ``Each contract for the procurement of property or services that is
entered into by the head of an executive agency shall include a notice
to the contractor that the contractor may have obligations under
chapter 43 of title 38, United States Code.''.
            (2) Clerical amendment.--The table of sections at the
        beginning of chapter 47 of such title is amended by inserting
        after the item relating to section 4711 the following new item:

``4712. Notice to contractors of potential obligations relating to
                            employment and reemployment rights of
                            members of the uniformed services.''.
    (b) Armed Forces.--
            (1) In general.--Chapter 137 of title 10, United States
        Code, is amended by adding at the end the following new
        section:
``Sec. 2336. Notice to contractors of potential obligations relating to
              employment and reemployment rights of members of the
              uniformed services
    ``Each contract for the procurement of property or services that is
entered into by the head of an executive agency shall include a notice
to the contractor that the contractor may have obligations under
chapter 43 of title 38.''.
            (2) Clerical amendment.--The table of sections for such
        chapter is amended by adding at the end the following new item:

``2336. Notice to contractors of potential obligations relating to
                            employment and reemployment rights of
                            members of the uniformed services.''.

SEC. 8. CLARIFYING THAT PROVISIONS OF SECTION 4302 OF TITLE 38, UNITED
              STATES CODE, APPLY TO BOTH SUBSTANTIVE AND PROCEDURAL
              RIGHTS.

    Section 4302 of title 38, United States Code, is amended by
inserting ``substantive or procedural'' before ``right or benefit''
each place it occurs.

SEC. 9. COMPTROLLER GENERAL OF THE UNITED STATES STUDY ON EFFECTIVENESS
              OF FEDERAL PROGRAMS OF EDUCATION AND OUTREACH ON EMPLOYER
              OBLIGATIONS REGARDING EMPLOYMENT AND REEMPLOYMENT RIGHTS
              OF MEMBERS OF THE UNIFORMED SERVICES.

    (a) Study Required.--The Comptroller General of the United States
shall conduct a study on the effectiveness of Federal programs of
education and outreach on employer obligations under chapter 43 of
title 38, United States Code.
    (b) Contents of Study.--In carrying out the study required by
subsection (a), the Comptroller General shall--
            (1) assess current practices and procedures of Federal
        agencies for educating employers about their obligations under
        chapter 43 of title 38, United States Code;
            (2) identify best practices for bringing the employment
        practices of small businesses into compliance with such
        chapter;
            (3) determine whether the Employer Support for the Guard
        and Reserve, the Small Business Administration, or other
        agencies could collaborate to develop a program to educate
        employers regarding their obligations under such chapter; and
            (4) determine the effect on recruitment and retention in
        the National Guard and Reserves of the failure of employers to
        meet their reemployment obligations under such chapter.
    (c) Report to Congress.--Not later than December 31, 2012, the
Comptroller General shall submit to Congress a report on the study
conducted under subsection (a), including the following:
            (1) The findings of the Comptroller General with respect to
        such study.
            (2) The recommendations of the Comptroller General for the
        improvement of education and outreach for employers with
        respect to their obligations under chapter 43 of title 38,
        United States Code.

Output:
Servicemembers Access to Justice Act of 2012 - Waives a state's sovereign immunity with respect to the enforcement of uniformed services members' employment or reemployment rights or benefits under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA).

Makes unenforceable agreements between an employer and employee requiring arbitration of disputes arising under USERRA. Provides exceptions. Requires the validity and enforceability of such an agreement to be determined by a court (as opposed to the arbitrator).

Provides increased liquidated damages, and authorizes punitive damages, against state or private employer violations of USERRA. Provides a right to a jury trial in such cases.

Requires (under current law, authorizes) the award of attorney fees in actions to enforce USERRA.

Requires (under current law, authorizes) a court to use equitable relief, including injunctions and restraining orders when appropriate, for USERRA violations.

 Requires federal procurement contracts to include a notice that the contractor may have USERRA obligations.

Requires a Comptroller General study on the effectiveness of federal education and outreach programs on employer obligations under USERRA.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Lake Erie Western Basin
International Wildlife Refuge Establishment Act''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) The western basin of Lake Erie, as part of the Great
        Lakes ecosystem, the largest freshwater ecosystem on the face
        of the Earth, is vitally important to the economic and
        environmental future of the United States.
            (2) Over the past three decades, the citizens and
        governmental institutions of both the United States and Canada
        have devoted increasing attention and resources to the
        restoration of the water quality and fisheries of the Great
        Lakes, including the western basin. This increased awareness
        has been accompanied by a gradual shift to a holistic
        ``ecosystem approach'' that highlights a growing recognition
        that shoreline areas--the nearshore terrestrial ecosystems--are
        an integral part of the western basin and the Great Lakes
        ecosystem as a whole.
            (3) The Great Lakes account for more than 90 percent of the
        surface freshwater in the nation. The western basin receives
        approximately 90 percent of its flow from the Detroit River and
        only approximately 10 percent from tributaries.
            (4) The western basin of Lake Erie is an important
        ecosystem that includes a number of distinct islands, channels,
        rivers, and shoals that support dense populations of fish,
        wildlife, and aquatic plants.
            (5) The coastal wetlands of Lake Erie support the largest
        diversity of plant and wildlife species in the Great Lakes. The
        moderate climate of Lake Erie and its more southern latitude
        allow for many species that are not found in or along the
        northern Great Lakes. More than 300 species of plants,
        including 37 significant species, have been identified in the
        aquatic and wetland habitats of the western basin.
            (6) The shallow western basin, from the Lower Detroit River
        to Sandusky Bay, is home to the largest concentration of
        marshes in Lake Erie, including Mouille, Metzger, and Magee
        marshes, the Maumee Bay wetland complex, the wetland complexes
        flanking Locust Point, and the wetlands in Sandusky Bay. The
        larger United States islands in western Lake Erie have wetlands
        in the small ebayments.
            (7) The wetlands in the western basin of Lake Erie comprise
        as some of the most important waterfowl habitat in the Great
        Lakes. Waterfowl, wading birds, shore birds, gulls and terns,
        raptors, and perching birds all use the western basin wetlands
        for migration, nesting, and feeding. Hundreds of thousands of
        diving ducks stop to rest in the Lake Erie area on their fall
        migration from Canada to the east and south. The wetlands of
        the western basin provide a major stopover for sea ducks such
        as migrating bufflehead, common goldeneye, common mergansers,
        and ruddy duck.
            (8) The international importance of Lake Erie is manifested
        in the United States congressional designation of the Ottawa
        and Cedar Point National Wildlife Refuges.
            (9) Lake Erie has an international reputation for walleye,
        perch, and bass fishing, recreational boating, birding,
        photography, and duck hunting. On an economic basis, Lake Erie
        tourism accounts for an estimate $1,500,000,000 in retail sales
        and more than 50,000 jobs.
            (10) Many of the 417,000 boats that are registered in Ohio
        are used in the western basin of Lake Erie, in part to fish for
        the estimated 10,000,000 walleye that migrate from the lake to
        spawn. This internationally renowned walleye fishery drives
        much of Ohio's $2,000,000,000 sport fishing industry.
            (11) Coastal wetlands in the western basin have been
        subjected to intense pressure for 150 years. Prior to 1850, the
western basin was part of an extensive coastal marsh and swamp system
of approximately 122,000 hectares that comprised a portion of the Great
Black Swamp. By 1951, only 12,407 wetland hectares remained in the
western basin. Half of that acreage was destroyed between 1972 and
1987. Therefore, today only approximately 5,000 hectares remain. Along
the Michigan shoreline, coastal wetlands were reduced by 62 percent
between 1916 and the early 1970s. The development of the city of Monroe
has had a particularly significant impact on the coastal wetlands at
the mouth of the Raisin River: only approximately 100 hectares remain
physically unaltered today in an area where 70 years ago marshes were
10 times more extensive. In addition to the actual loss of coastal
wetland acreage along the shores of Lake Erie, the quality of many
remaining wetlands has been degraded by numerous stressors, especially
excessive loadings of sediments and nutrients, contaminants, shoreline
modification, exotic species, and the diking of wetlands. Protective
peninsula beach systems, such as the former Bay Point and Woodtick, at
the border of Ohio and Michigan near the mouth of the Ottawa River and
Maumee Bay, have been eroded over the years, exacerbating erosion along
the shorelines and impacting the breeding and spawning grounds.

 SEC. 3. DEFINITIONS.

    For purposes of this Act:
            (1) The term ``Refuge'' means the Lake Erie Western Basin
        International Wildlife Refuge established by section 5.
            (2) The term ``Secretary'' means the Secretary of the
        Interior.
            (3) The term ``Lake Erie Western Basin'' means those lands
        and waters within the area described in section 5(a).

SEC. 4. PURPOSES.

    The purposes for which the Refuge is established and shall be
managed are as follows:
            (1) To protect the remaining high-quality fish and wildlife
        habitats of the western basins of Lake Erie before they are
        lost to further development and to restore and enhance degraded
        wildlife habitats associated with the western basin of Lake
        Erie.
            (2) To assist in international efforts to conserve,
        enhance, and restore the native aquatic and terrestrial
        community characteristics of the western basin of Lake Erie
        (including associated fish, wildlife, and plant species), both
        in the United States and Canada in partnership with
        nongovernmental and private organizations, as well as private
        individuals dedicated to habitat enhancement.
            (3) To facilitate partnerships among the United States Fish
        and Wildlife Service, Canadian national and provincial
        authorities, State and local governments, local communities in
        the United States and in Canada, conservation organizations,
        and other non-Federal entities to promote public awareness of
        the resources of the western basin of Lake Erie.
            (4) To advance the collective goals and priorities
        established in the ``Great Lakes Strategy 2002--A Plan for the
        New Millennium'', by the United States Policy Committee
        comprised of various Federal agencies, including the United
        States Fish and Wildlife Service, the Environmental Protection
        Agency, the Army Corps of Engineers, the National Oceanic and
        Atmospheric Administration, the United States Geological
        Survey, the Agency for Toxic Substances and Disease Registry,
        the Forest Service, and the Great Lakes Fishery Commission, as
        well as the State governments and tribal governments in the
        Great Lakes. These goals, broadly stated, include working
        together to protect and restore the chemical, physical, and
        biological integrity of the Great Lakes basin ecosystem.

SEC. 5. ESTABLISHMENT OF REFUGE.

    (a) Boundaries.--There is hereby established the Lake Erie Western
Basin International Wildlife Refuge, consisting of the lands and waters
owned or managed by the Secretary pursuant to this Act in the State of
Michigan from the southern boundary of Sterling State Park to the
eastern edge of Sandusky Bay, as depicted upon the map entitled ``Lake
Erie Western Basin International Wildlife Refuge Proposed'', dated May
12, 2002, which shall be available for inspection in appropriate
offices of the United States Fish and Wildlife Service.
    (b) Existing Refuge Lands.--The Ottawa National Wildlife Refuge and
the Cedar Point National Wildlife Refuge are hereby included within,
and shall be a part of, the Lake Erie Western Basin International
Wildlife Refuge. All references to the Ottawa and Cedar Point national
wildlife refuges shall hereafter be treated as references to the Lake
Erie Western Basin International Wildlife Refuge.
    (c) Boundary Revisions.--The Secretary may make such revisions of
the boundaries of the Refuge as may be appropriate to carry out the
purposes of the Refuge or to facilitate the acquisition of property
within the Refuge.
    (d) Acquisition.--The Secretary is authorized to acquire by
donation, purchase with donated or appropriated funds, or exchange the
lands and waters, or interests therein (including conservation
easements), within the boundaries of the Refuge. Any and all
acquisitions of lands or waters under the provisions of this Act shall
be made in a voluntary manner and shall not be the result of forced
takings.
    (e) Transfers From Other Agencies.--Any Federal property located
within the boundaries of the Refuge which is under the administrative
jurisdiction of another department or agency of the United States may,
with the concurrence of the head of administering department or agency,
be transferred without consideration to the administrative jurisdiction
of the Secretary for the purposes of this Act.
    (f) Study of Associated Area.--The Secretary, acting through the
Director of the United States Fish and Wildlife Service, shall conduct
a study of fish and wildlife habitat and aquatic and terrestrial
communities of the Maumee River, from its mouth to an appropriate
juncture along the Maumee River Heritage Corridor between Toledo and
Fort Wayne, Indiana. Not later than 18 months after the date of the
enactment of the Act, the Secretary shall complete such study and
submit a report containing the results thereof to the Congress.

SEC. 6. ADMINISTRATION.

    (a) In General.--The Secretary shall administer all federally owned
lands, waters, and interests therein that are within the boundaries of
the Refuge in accordance with the National Wildlife Refuge System
Administration Act of 1966 (16 U.S.C. 668dd et seq.) and this Act. The
Secretary may use such additional statutory authority as may be
available for the conservation of fish and wildlife, and the provision
of fish and wildlife dependent recreational opportunities as the
Secretary considers appropriate to carry out the purposes of this Act.
    (b) Priority Uses.--In providing opportunities for compatible fish
and wildlife dependent recreation, the Secretary, in accordance with
paragraphs (3) and (4) of section 4(a) of the National Wildlife Refuge
System Administration Act of 1966 (16 U.S.C. 668dd(a)), shall ensure
that hunting, fishing, wildlife observation and photography, and
environmental education and interpretation are the priority public uses
of the Refuge.
    (c) Cooperative Agreements Regarding Non-Federal Lands.--The
Secretary is authorized to enter into cooperative agreements with the
State of Ohio or Michigan, or any political subdivision thereof, and
with any other person or entity for the management in a manner
consistent with this Act of lands that are owned by such State,
subdivision, or other person or entity and located within the
boundaries of the Refuge and to promote public awareness of the
resources of the Lake Erie Western Basin International Wildlife Refuge
and encourage public participation in the conservation of those
resources.
    (d) Use of Existing Greenway Authority.--The Secretary shall
encourage the State of Ohio to use existing authorities under the
Transportation Equity Act for the 21st Century to provide funding for
acquisition and development of trails within the boundaries of the
Refuge.

Output: Lake Erie Western Basin International Wildlife Refuge Establishment Act - Establishes the Lake Erie Western Basin International Wildlife Refuge (Refuge), Michigan and Ohio. Includes the Ottawa National Wildlife Refuge and the Cedar Point National Wildlife Refuge within it.Authorizes the Secretary of the Interior to: (1) revise Refuge boundaries to carry out its purposes or to facilitate the acquisition of property; and (2) acquire by donation, purchase, or exchange the lands and waters or interests within such boundaries. Provides for transfers from other agencies.Requires the Secretary, acting through the Director of the U.S. Fish and Wildlife Service, to conduct a study of fish and wildlife habitat and aquatic and terrestrial communities of the Maumee River.Directs the Secretary to: (1) administer all federally owned lands, waters, and interests within the Refuge; (2) ensure that hunting, fishing, wildlife observation and photography, and environmental education and interpretation are the priority public uses of the Refuge; and (3) encourage Ohio to use existing authorities under the Transportation Equity Act for the 21st Century to provide funding for acquisition and development of trails within the Refuge.Authorizes the Secretary to enter into cooperative agreements regarding non-Federal lands.