Input:
SECTION 1. HIGHWAY FUEL TAX SUSPENSION.

    (a) Temporary Suspension of Highway Fuel Taxes on Gasoline and
Diesel Fuel.--
            (1) In general.--Section 4081 of the Internal Revenue Code
        of 1986 (relating to imposition of tax on gasoline, diesel
        fuel, and kerosene) is amended by adding at the end the
        following new subsection:
    ``(f) Temporary Suspension of Taxes on Gasoline and Diesel Fuel.--
            ``(1) In general.--During the applicable period, each rate
        of tax referred to in paragraph (2) shall be reduced to zero
        cents per gallon.
            ``(2) Rates of tax.--The rates of tax referred to in this
        paragraph are--
                    ``(A) the rate of tax otherwise applicable to
                gasoline under clause (i) of subsection (a)(2)(A),
                determined with regard to subsection (a)(2)(B),
                    ``(B) the rate of tax otherwise applicable to
                diesel fuel under clause (iii) of subsection (a)(2)(A),
                determined with regard to subsection (a)(2)(B), and
                    ``(C) the rate of tax otherwise applicable to
                diesel fuel under paragraph (1) of section 4041(a) with
                respect to fuel sold for use or used in a diesel-
                powered highway vehicle.
            ``(3) Applicable period.--For purposes of this subsection,
        the term `applicable period' means the period beginning on May
        26, 2008, and ending on September 1, 2008.
            ``(4) Maintenance of trust fund deposits.--In determining
        the amounts to be appropriated to the Highway Trust Fund under
        section 9503 and to the Leaking Underground Storage Tank Trust
        Fund under 9508, an amount equal to the reduction in revenues
        to the Treasury by reason of this subsection shall be treated
        as taxes received in the Treasury under this section or section
        4041.''.
            (2) Effective date.--The amendment made by this subsection
        shall take effect on the date of the enactment of this Act.
    (b) Floor Stock Refunds.--
            (1) In general.--If--
                    (A) before the tax suspension date, a tax referred
                to in section 4081(f)(2) of the Internal Revenue Code
                of 1986 has been imposed under such Code on any liquid,
                and
                    (B) on such date such liquid is held by a dealer
                and has not been used and is intended for sale,
        there shall be credited or refunded (without interest) to the
        person who paid such tax (hereafter in this subsection referred
        to as the ``taxpayer''), against the taxpayer's subsequent
        semi-monthly deposit of such tax, an amount equal to the excess
        of the tax paid by the taxpayer over the amount of such tax
        which would be imposed on such liquid had the taxable event
        occurred on the tax suspension date.
            (2) Time for filing claims; certifications necessary to
        file claims.--
                    (A) In general.--No credit or refund shall be
                allowed or made under this subsection--
                            (i) unless claim therefore is filed with
                        the Secretary before the date which is 6 months
                        after the tax suspension date, and
                            (ii) in any case where liquid is held by a
                        dealer (other than the taxpayer) on the tax
                        suspension date, unless the taxpayer files with
                        the Secretary--
                                    (I) a certification that the
                                taxpayer has given a credit to such
                                dealer with respect to such liquid
                                against the dealer's first purchase of
                                liquid from the taxpayer subsequent to
                                the tax suspension date, and
                                    (II) a certification by such dealer
                                that such dealer has given a credit to
                                a succeeding dealer (if any) with
                                respect to such liquid against the
                                succeeding dealer's first purchase of
                                liquid from such dealer subsequent to
                                the tax suspension date.
                    (B) Reasonableness of claims certified.--Any
                certification made under subparagraph (A) shall include
                an additional certification that the claim for credit
                was reasonably based on the taxpayer's or dealer's past
                business relationship with the succeeding dealer.
            (3) Definitions.--For purposes of this subsection--
                    (A) the terms ``dealer'' and ``held by a dealer''
                have the respective meanings given to such terms by
                section 6412 of such Code; except that the term
                ``dealer'' includes a producer, and
                    (B) the term ``tax suspension date'' means May 26,
                2008.
            (4) Certain rules to apply.--Rules similar to the rules of
        subsections (b) and (c) of section 6412 of such Code shall
        apply for purposes of this subsection.
    (c) Floor Stocks Tax.--
            (1) Imposition of tax.--In the case of any liquid on which
        tax would have been imposed under section 4081 of the Internal
        Revenue Code of 1986 during the applicable period but for the
        amendment made by subsection (a), and which is held on the
        floor stocks tax date by any person, there is hereby imposed a
        floor stocks tax in an amount equal to the tax which would be
        imposed on such liquid had the taxable event occurred on the
        floor stocks tax date.
            (2) Liability for tax and method of payment.--
                    (A) Liability for tax.--A person holding a liquid
                on the floor stocks tax date to which the tax imposed
                by paragraph (1) applies shall be liable for such tax.
                    (B) Method of payment.--The tax imposed by
                paragraph (1) shall be paid in such manner as the
                Secretary shall prescribe.
                    (C) Time for payment.--The tax imposed by paragraph
                (1) shall be paid on or before the date which is 6
                months after the floor stocks tax date.
            (3) Definitions.--For purposes of this subsection--
                    (A) Held by a person.--A liquid shall be considered
                as ``held by a person'' if title thereto has passed to
                such person (whether or not delivery to the person has
                been made).
                    (B) Gasoline and diesel fuel.--The terms
                ``gasoline'' and ``diesel fuel'' have the respective
                meanings given such terms by section 4083 of such Code.
                    (C) Floor stocks tax date.--The term ``floor stocks
                tax date'' means September 2, 2008.
                    (D) Applicable period.--The term ``applicable
                period'' means the period described in section
                4081(f)(3) of such Code.
            (4) Exception for exempt uses.--The tax imposed by
        paragraph (1) shall not apply to gasoline or diesel fuel held
        by any person exclusively for any use to the extent a credit or
        refund of the tax imposed by section 4081 of such Code is
        allowable for such use.
            (5) Exception for fuel held in vehicle tank.--No tax shall
        be imposed by paragraph (1) on gasoline or diesel fuel held in
        the tank of a motor vehicle.
            (6) Exception for certain amounts of fuel.--
                    (A) In general.--No tax shall be imposed by
                paragraph (1)--
                            (i) on gasoline (other than aviation
                        gasoline) held on the floor stocks tax date by
                        any person if the aggregate amount of gasoline
                        held by such person on such date does not
                        exceed 4,000 gallons, and
                            (ii) on diesel fuel held on such date by
                        any person if the aggregate amount of diesel
                        fuel held by such person on such date does not
                        exceed 2,000 gallons.
                The preceding sentence shall apply only if such person
                submits to the Secretary (at the time and in the manner
                required by the Secretary) such information as the
                Secretary shall require for purposes of this
                subparagraph.
                    (B) Exempt fuel.--For purposes of subparagraph (A),
                there shall not be taken into account fuel held by any
                person which is exempt from the tax imposed by
                paragraph (1) by reason of paragraph (4) or (5).
                    (C) Controlled groups.--For purposes of this
                paragraph--
                            (i) Corporations.--
                                    (I) In general.--All persons
                                treated as a controlled group shall be
                                treated as 1 person.
                                    (II) Controlled group.--The term
                                ``controlled group'' has the meaning
                                given to such term by subsection (a) of
                                section 1563 of such Code; except that
                                for such purposes the phrase ``more
                                than 50 percent'' shall be substituted
                                for the phrase ``at least 80 percent''
                                each place it appears in such
                                subsection.
                            (ii) Nonincorporated persons under common
                        control.--Under regulations prescribed by the
                        Secretary, principles similar to the principles
                        of clause (i) shall apply to a group of persons
                        under common control where 1 or more of such
                        persons is not a corporation.
            (7) Other law applicable.--All provisions of law, including
        penalties, applicable with respect to the taxes imposed by
        section 4081 of such Code shall, insofar as applicable and not
        inconsistent with the provisions of this paragraph, apply with
        respect to the floor stock taxes imposed by paragraph (1) to
        the same extent as if such taxes were imposed by such section
        4081.
    (d) Secretary.--For purposes of this section, the term
``Secretary'' means the Secretary of the Treasury or the Secretary's
delegate.
    (e) Passthrough to Consumers.--
            (1) Sense of congress.--It is the senses of Congress that--
                    (A) consumers immediately receive the benefit of
                the reduction in taxes resulting from the amendment
                made by subsection (a), and
                    (B) transportation motor fuels producers and other
                dealers take such actions as necessary to reduce
                transportation motor fuels prices to reflect such
                reduction, including immediate credits to customer
                accounts representing tax refunds allowed as credits
                against excise tax deposit payments under the floor
                stocks refund provisions of subsection (b).
            (2) Study and enforcement.--The Federal Trade Commission
        and the Commodities Futures Trading Commission shall use all
        applicable authorities to monitor oil, diesel, and gasoline
        markets to ensure that the benefit of the reduction in taxes
        resulting from the amendment made by subsection (a) is received
        by consumers.

SEC. 2. TEMPORARY OIL PROFIT FEE.

    (a) In General.--Subtitle E of the Internal Revenue Code of 1986
(relating to alcohol, tobacco, and certain other excise taxes) is
amended by adding at the end thereof the following new chapter:

            ``CHAPTER 56--TEMPORARY FEE ON EXCESS OIL PROFIT

``Sec. 5896. Imposition of fee.
``Sec. 5897. Excess profit; etc.
``Sec. 5898. Special rules and definitions.

``SEC. 5896. IMPOSITION OF FEE.

    ``(a) In General.--In addition to any other tax imposed under this
title, there is hereby imposed on any applicable taxpayer an excise fee
in an amount equal to 50 percent of the excess profit of such taxpayer
for any taxable year beginning during 2008.
    ``(b) Applicable Taxpayer.--For purposes of this chapter, the term
`applicable taxpayer' means, with respect to operations in the United
States--
            ``(1) any integrated oil company (as defined in section
        291(b)(4)), and
            ``(2) any other producer or refiner of crude oil with gross
        receipts from the sale of such crude oil or refined oil
        products for the taxable year exceeding $1,000,000,000.

``SEC. 5897. EXCESS PROFIT; ETC.

    ``(a) General Rule.--For purposes of this chapter, the term `excess
profit' means the excess of the adjusted taxable income of the
applicable taxpayer for the taxable year over the reasonably inflated
average profit for such taxable year.
    ``(b) Adjusted Taxable Income.--For purposes of this chapter, with
respect to any applicable taxpayer, the adjusted taxable income for any
taxable year is equal to the taxable income for such taxable year
(within the meaning of section 63 and determined without regard to this
subsection) increased by any interest expense deduction, charitable
contribution deduction, and any net operating loss deduction carried
forward from any prior taxable year. In the case of any applicable
taxpayer which is a foreign corporation, the adjusted taxable income
shall be determined with respect to such income which is effectively
connected with the conduct of a trade or business in the United States.
    ``(c) Reasonably Inflated Average Profit.--For purposes of this
chapter, with respect to any applicable taxpayer, the reasonably
inflated average profit for any taxable year is an amount equal to the
average of the adjusted taxable income of such taxpayer for taxable
years beginning during the 2000-2004 taxable year period (determined
without regard to the taxable year with the highest adjusted taxable
income in such period) plus 10 percent of such average.

``SEC. 5898. SPECIAL RULES AND DEFINITIONS.

    ``(a) Withholding and Deposit of Fee.--The Secretary shall provide
such rules as are necessary for the withholding and deposit of the fee
imposed under section 5896.
    ``(b) Records and Information.--Each taxpayer liable for tax under
section 5896 shall keep such records, make such returns, and furnish
such information as the Secretary may by regulations prescribe.
    ``(c) Return of Fee.--The Secretary shall provide for the filing
and the time of such filing of the return of the fee imposed under
section 5896.
    ``(d) Crude Oil.--The term `crude oil' includes crude oil
condensates and natural gasoline.
    ``(e) Businesses Under Common Control.--For purposes of this
chapter, all members of the same controlled group of corporations
(within the meaning of section 267(f)) and all persons under common
control (within the meaning of section 52(b) but determined by treating
an interest of more than 50 percent as a controlling interest) shall be
treated as 1 person.
    ``(f) Regulations.--The Secretary shall prescribe such regulations
as may be necessary or appropriate to carry out the purposes of this
chapter.''.
    (b) Clerical Amendment.--The table of chapters for subtitle E of
the Internal Revenue Code of 1986 is amended by adding at the end the
following new item:

          ``Chapter 56--Temporary Fee on Excess Oil Profit''.

    (c) Deductibility of Fee.--The first sentence of section 164(a) of
the Internal Revenue Code of 1986 (relating to deduction for taxes) is
amended by inserting after paragraph (5) the following new paragraph:
            ``(6) The fee imposed by section 5896.''.
    (d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning in 2008.

SEC. 3. SUSPENSION OF PETROLEUM ACQUISITION FOR STRATEGIC PETROLEUM
              RESERVE.

    (a) In General.--Except as provided in subsection (b) and
notwithstanding any other provision of law, during the period beginning
on the date of enactment of this Act and ending on December 31, 2008,
the Secretary of Energy shall suspend acquisition of petroleum for the
Strategic Petroleum Reserve through the royalty-in-kind program or any
other acquisition method.
    (b) Resumption.--The Secretary of Energy may resume acquisition of
petroleum for the Strategic Petroleum Reserve through the royalty-in-
kind program or any other acquisition method under subsection (a) not
earlier than 30 days after the date on which the Secretary notifies
Congress that the Secretary has determined that the weighted average
price of petroleum in the United States for the most recent 90-day
period is $75 or less per barrel.

SEC. 4. PRICE GOUGING AND MARKET MANIPULATION.

    The Federal Trade Commission and the Commodities Futures Trading
Commission shall use all applicable authorities to monitor oil, diesel,
and gasoline markets to prevent price gouging and market manipulation
in such markets.

Output:
Amends the Internal Revenue Code to suspend excise taxes on gasoline and diesel fuels between May 26, 2008, and September 1, 2008. Provides for reimbursement from the Treasury to the Highway Trust Fund for any reduction in Trust Fund receipts resulting from such suspension.

Expresses the sense of Congress that: (1) consumers immediately receive the benefit of the reduction in taxes resulting from the suspension of gasoline excise taxes; and (2) transportation motor fuels producers and other dealers take necessary actions to reduce fuel prices to reflect such reduction in taxes. Directs the Federal Trade Commission (FTC) and the Commodity Futures Trading Commission (CFTC) to monitor oil, diesel, and gasoline markets to: (1) ensure that consumers receive the benefit resulting from the suspension of taxes; and (2) prevent price gouging and market manipulation.

Imposes in taxable years beginning in 2008 an excise fee of 50% of the excess profit of integrated oil companies and other producers or refiners of crude oil with gross receipts exceeding $1 billion. Defines "excess profit" for purposes of this Act.

Directs the Secretary of Energy to suspend acquisition of petroleum for the Strategic Petroleum Reserve through the royalty-in-kind program or any other acquisition method until December 31, 2008. Permits an earlier resumption of petroleum acquisition for periods when the weighted average price of petroleum is $75 or less per barrel.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Puget Sound Regional Shellfish
Settlement Act of 2006''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds that--
            (1) the Tribes have established treaty rights to take
        shellfish from public and private tidelands in Washington
        State, including from some lands owned, leased, or otherwise
        subject to harvest by commercial shellfish Growers;
            (2) the district court that adjudicated the Tribes' treaty
        rights to take shellfish found that the Growers are innocent
        purchasers who had no notice of the Tribes' fishing right when
        they acquired their properties;
            (3) numerous unresolved issues remain outstanding regarding
        implementation of the Tribes' treaty right to take shellfish
        from lands owned, leased, or otherwise subject to harvest by
        the Growers;
            (4) the Tribes, the Growers, the State of Washington, and
        the United States Department of the Interior have resolved by a
        Settlement Agreement many of the disputes between and among
        them regarding implementation of the Tribes' treaty right to
        take shellfish from covered tidelands owned or leased by the
        Growers;
            (5) the Settlement Agreement does not provide for
        resolution of any claims to take shellfish from lands owned or
        leased by the Growers that potentially may be brought in the
        future by ``Other Tribes'';
            (6) in the absence of congressional actions, the prospect
        of ``Other Tribes'' claims to take shellfish from lands owned
        or leased by the Growers could be pursued through the courts, a
        process which in all likelihood could consume many years and
        thereby promote uncertainty in the State of Washington and the
        Growers and to the ultimate detriment of both the Tribes and
        Other Tribes and their members;
            (7) in order to avoid this uncertainty, it is the intent of
        Congress that Other Tribes have the option of resolving their
        claims, if any, to a treaty right to take shellfish from
        covered tidelands owned or leased by the Growers; and
            (8) this Act represents a good faith effort on the part of
        Congress to extend to Other Tribes the same fair and just
        option of resolving their claims to take shellfish from covered
        tidelands owned or leased by the Growers that the Tribes have
        agreed to in the Settlement Agreement.
    (b) Purpose.--The purposes of this Act are--
            (1) to approve, ratify, and confirm the Settlement
        Agreement entered into by and among the Tribes, commercial
        shellfish growers, the State of Washington and the United
        States on _____, 2006;
            (2) to provide Other Tribes with a fair and just resolution
        of any claims to take shellfish from ``covered tidelands'', as
        that term is defined in the Settlement Agreement, that
        potentially could be brought in the future by Other Tribes; and
            (3) to authorize the Secretary to implement the terms and
        conditions of the Settlement Agreement and this Act.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Fund.--The term ``Fund'' means the Puget Sound
        Shellfish Settlement Trust Fund Account established by this
        Act.
            (2) Growers.--The term ``Growers'' means Taylor United,
        Inc.; Olympia Oyster Company; G.R. Clam & Oyster Farm; Cedric
        E. Lindsay; Minterbrook Oyster Company; Charles and Willa
        Murray; Skookum Bay Oyster Company; J & G Gunstone Clams, Inc.;
        and all persons who qualify as ``growers'' in accordance with
        and pursuant to the Settlement Agreement.
            (3) Other tribes.--The term ``Other Tribes'' means any
        federally recognized Indian nation or tribe other than the
        Tribes defined by this section that, within 20 years after the
        deposit of funds in the Special Holding Account, establishes a
        legally enforceable treaty right to take shellfish from covered
        tidelands described in the Settlement Agreement, owned, leased
        or otherwise subject to harvest by those persons or entities
        that qualify as Growers.
            (4) Secretary.--The term ``Secretary'' means the Secretary
        of the Interior.
            (5) Settlement agreement.--The term ``Settlement
        Agreement'' means the Settlement Agreement entered into by and
        between the Tribes, commercial shellfish Growers, the State of
        Washington and the United States, signed on _________, 2006, to
        resolve certain disputes between and among them regarding
        implementation of the Tribes' treaty right to take shellfish
        from certain covered tidelands owned, leased or otherwise
        subject to harvest by the Growers.
            (6) Tribes.--The term ``Tribes'' means the following
        federally recognized Tribes that executed the Settlement
        Agreement: Tulalip, Stillaguamish, Sauk Suiattle, Puyallup,
        Squaxin Island, Makah, Muckleshoot, Upper Skagit, Nooksack,
        Nisqually, Skokomish, Port Gamble S'Klallam, Lower Elwha
        Klallam, Jamestown S'Klallam, and Suquamish Tribes, the Lummi
        Nation, and the Swinomish Indian Tribal Community.
            (7) Special holding account.--The term ``Special Holding
        Account'' means the Puget Sound Shellfish Settlement Special
        Holding Account established by this Act.

SEC. 4. APPROVAL OF SETTLEMENT AGREEMENT.

    (a) In General.--The Settlement Agreement is hereby approved,
ratified, and confirmed, and section 6 of the Settlement Agreement,
Release of Claims, is specifically adopted and incorporated into this
Act as if fully set forth herein.
    (b) Authorization for Implementation.--The Secretary is hereby
authorized to implement the terms and conditions of the Settlement
Agreement in accordance with the Settlement Agreement and this Act.

SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated the sum of $23,500,000 to
carry out this Act as follows:
            (1) $2,000,000 for fiscal year 2007.
            (2) $5,000,000 for each of fiscal years 2008 through 2010.
            (3) $6,500,000 for fiscal year 2011.

SEC. 6. FUND, SPECIAL HOLDING ACCOUNT, AND CONDITIONS.

    (a) Puget Sound Regional Shellfish Settlement Trust Fund.--
            (1) There is hereby established in the Treasury of the
        United States an account to be designated as the ``Puget Sound
        Regional Shellfish Settlement Trust Fund''. The Secretary shall
        deposit funds in the amount of $22,000,000 at such time as
        appropriated pursuant to section 5 into the Fund.
            (2) The Fund shall be maintained and invested by the
        Secretary of the Interior pursuant to the Act of June 24, 1938
        as amended (25 U.S.C. 162a) until such time that all monies are
        transferred from the Fund.
            (3) The Secretary shall transfer monies held in the Fund to
        each Tribe of the Tribes in the amounts and manner specified by
        and in accordance with the payment agreement established
        pursuant to the Settlement Agreement and this Act.
    (b) Puget Sound Regional Shellfish Settlement Special Holding
Account.--
            (1) There is hereby established in the Treasury of the
        United States a fund to be designated as the ``Puget Sound
        Regional Shellfish Settlement Special Holding Account''. The
        Secretary shall deposit funds in the amount of $1,500,000 into
        the Special Holding Account in fiscal year 2011 at such time as
        appropriated pursuant to section 5.
            (2) The Special Holding Account shall be maintained and
        invested by the Secretary of the Interior pursuant to the Act
        of June 24, 1938 as amended (25 U.S.C. 162a) until such time
        that all monies are transferred from the Special Holding
        Account.
            (3) If a court of competent jurisdiction renders a final
        decision declaring that any of the Other Tribes has an
        established treaty right to take or harvest shellfish in
        covered tidelands, as that term is defined in the Settlement
        Agreement, and such tribe opts to accept a share of the Special
        Holding Account, rather than litigate this claim against the
        Growers, the Secretary shall transfer the appropriate share of
        the monies held in the Special Holding Account to each such
        tribe of the Other Tribes in the amounts appropriate to
        compensate the Other Tribes in the same manner and for the same
        purposes as the Tribes who are signatory to the Settlement
        Agreement. Such a transfer to a tribe shall constitute full and
        complete satisfaction of that tribe's claims to shellfish on
        the covered tidelands.
            (4) The Secretary may retain such amounts of the Special
        Holding Account as necessary to provide for additional tribes
        that may judicially establish their rights to take shellfish in
        the covered tidelands within the term of that Account, provided
        that the Secretary pays the remaining balance to the Other
        Tribes prior to the expiration of the term of the Special
        Holding Account.
            (5) The Tribes shall have no interest, possessory or
        otherwise, in the Special Holding Account.
            (6) Twenty years after the deposit of funds into the
        Special Holding Account, the Secretary shall close the Account
        and transfer the balance of any funds held in the Special
        Holding Account at that time to the Treasury. However, the
        Secretary may continue to maintain the Special Holding Account
        in order to resolve the claim of an Other Tribe that has
        notified the Secretary in writing within the 20-year term of
        that Tribe's interest in resolving its claim in the manner
        provided for in this Act.
            (7) It is the intent of Congress that the Other Tribes, if
        any, shall have the option of agreeing to similar rights and
        responsibilities as the Tribes that are signatories to the
        Settlement Agreement, if they opt not to litigate against the
        Growers.
    (c) Annual Report.--Each tribe of the Tribes, or any of the Other
Tribes accepting a settlement of its claims to shellfish on covered
lands pursuant to (b)(3), shall submit to the Secretary an annual
report that describes all expenditures made with monies withdrawn from
the Fund or Special Holding Account during the year covered by the
report.
    (d) Judicial and Administrative Action.--The Secretary may take
judicial or administrative action to ensure that any monies withdrawn
from the Fund or Special Holding Account are used in accordance with
the purposes described in the Settlement Agreement and this Act.
    (e) Clarification of Trust Responsibility.--Beginning on the date
that monies are transferred to a tribe of the Tribes or a tribe of the
Other Tribes pursuant to this Act, any trust responsibility or
liability of the United States with respect to the expenditure or
investment of the monies withdrawn shall cease.

SEC. 7. STATE OF WASHINGTON PAYMENT.

    The Secretary shall not be accountable for nor incur any liability
for the collection, deposit, management or nonpayment of the State of
Washington payment of $11,000,000 to the Tribes pursuant to the
Settlement Agreement.

SEC. 8. RELEASE OF OTHER TRIBES CLAIMS.

    (a) Right to Bring Actions.--As of the date of enactment of this
Act, all right of any Other Tribes to bring an action to enforce or
exercise its treaty rights to take shellfish from public and private
tidelands in Washington State, including from some lands owned, leased,
or otherwise subject to harvest by any and all Growers shall be
determined in accordance with the decisions of the Courts of the United
States in United States v. Washington, Civ. No. 9213 (Western District
of Washington).
    (b) Certain Rights Governed by This Act.--If a tribe falling within
the category Other Tribes opts to resolve its claims to take shellfish
from covered tidelands owned or leased by the Growers pursuant to
section 6(b)(3) of this Act, that tribe's rights shall be governed by
this Act, as well as by the decisions of the Courts in United States v.
Washington, Civ. No. 9213.
    (c) No Breach of Trust.--Notwithstanding whether the United States
has a duty to initiate such an action, the failure or declination by
the United States to initiate any action to enforce any Other Tribe(s)
treaty rights to take shellfish from public and private tidelands in
Washington State, including from covered tidelands owned, leased, or
otherwise subject to harvest by any and all Growers shall not
constitute a breach of trust by the United States or be compensable to
Other Tribes.

SEC. 9. CAUSE OF ACTION.

    If any payment by the United States is not paid in the amount or
manner specified by this Act, or is not paid within 6 months after the
date specified by the Settlement Agreement, such failure shall give
rise to a cause of action by the Tribes either individually or
collectively against the United States for money damages for the amount
authorized but not paid to the Tribes, and the Tribes, either
individually or collectively, are authorized to bring an action against
the United States in the United States Court of Federal Claims for such
funds plus interest.

Output:
Puget Sound Regional Shellfish Settlement Act of 2006 - Approves, ratifies, and confirms the Settlement Agreement entered into by and between specified Indian tribes in the region of Puget Sound, Washington, commercial shellfish growers, the state of Washington, and the United States to resolve certain disputes regarding implementation of tribal treaty rights to take shellfish from certain covered tidelands owned, leased or otherwise subject to harvest by the growers.

Establishes in the Treasury the Puget Sound Regional Shellfish Settlement Trust Fund and the Puget Sound Regional Shellfish Settlement Special Holding Account.

Declares that the Secretary of the Interior shall not be accountable for nor incur any liability for the collection, deposit, management, or nonpayment of a specified state of Washington payment to the tribes pursuant to the Settlement Agreement.

Declares that all right of any other tribe, within 20 years after the deposit of funds in the Special Holding Account, to bring an action to enforce or exercise its treaty rights to take shellfish from public and private tidelands in Washington, including from some lands owned, leased, or otherwise subject to harvest by any and all commercial growers, shall be determined in accordance with the decisions of federal courts in United States v. Washington.

Provides that if any payment by the United States is not paid in the amount or manner specified by this Act, or is not paid within six months after the date specified by the Settlement Agreement, such failure shall give rise to a cause of action by the tribes against the United States. Authorizes the tribes to bring such an action in the U.S. Court of Federal Claims.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Enhancing America's Security through
Strategic Redeployment from Iraq Act''.

SEC. 2. CONGRESSIONAL FINDINGS.

    (a) First Principal Finding.--Ending the war in Iraq is necessary,
however, how the war is ended is of even greater importance for United
States national security, the safety of members of the United States
Armed Forces currently serving in Iraq, and stability in both Iraq and
the Middle East.
    (b) Second Principal Finding.--
            (1) Open-ended commitment is unsustainable.--An open-ended
        United States involvement in Iraq is not in the interest of
        United States national security, and United States military
        forces must be redeployed or risk becoming severely over-
        strained.
            (2) Supporting facts.--
                    (A) Currently, 40 percent of all United States Army
                equipment is in Iraq.
                    (B) There is no Army unit currently in the United
                States in a state of readiness that would permit the
                unit to deploy anywhere another contingency might occur
                in the world.
    (c) Third Principal Finding.--
            (1) Lengthy redeployment process.--Redeployment from Iraq
        will be a lengthy process.
            (2) Supporting facts.--
                    (A) Redeploying approximately 160,000 troops and
                50,000 civilian contractors from Iraq and closing bases
                are logistically challenging, especially during
                conflict.
                    (B) The critical consideration is the closure or
                turnover of the sixty-five Forward Operating Bases held
                by the United States Armed Forces in Iraq.
                    (C) It takes on average 100 days to close just one
                Forward Operating Base, and any decision regarding the
                number of Forward Operating Bases to close at one time
                depends on surrounding strife and the fact that
                receiving facilities in Kuwait to prepare military
                vehicles for shipment to the United States or elsewhere
                can handle only 2 to 2\1/2\ brigade combat teams at a
                time and there are currently 40 brigade combat teams or
                their equivalent in Iraq.
                    (D) Redeployment is the most vulnerable of military
                operations, particularly in this case because
                redeployment will rely on a single road, leading from
                Iraq to Kuwait.
                    (E) For comparison purposes, the removal of 6,300
                members of the Armed Forces from Somalia in 1993 took
                six months and actually required the deployment of
                another 19,000 troops to protect their withdrawal.
                    (F) In view of the logistical challenges, it will
                take at least a year, more likely 15 to 20 months to
                complete redeployment of United States forces from
                Iraq.

SEC. 3. DECLARATIONS OF POLICY.

    (a) First Declaration of Policy.--
            (1) Need for comprehensive regional security plan.--
        Congress declares that it is critical that a comprehensive
        security plan is developed for Iraq and the region that accepts
        the necessity for a deliberate redeployment of United States
        forces from Iraq.
            (2) Supporting details.--
                    (A) A comprehensive security plan is necessary for
                both the safety of United States forces in Iraq and the
                overall national security of the United States.
                    (B) Redeployment would allow large numbers of
                members of the United States Armed Forces to return to
                the United States, while some forces could be deployed
                to areas, such as Afghanistan, where terrorists pose a
                threat to the national security of the United States or
                could remain at existing bases in Kuwait, Bahrain, the
                United Arab Emirates, or Qatar and on aircraft carrier
                and amphibious groups, to protect United States
                interests in the region.
    (b) Second Declaration of Policy.--
            (1) Iraqi assumption of responsibility.--Congress declares
        that a planned end to United States involvement in Iraq will
        serve to force Iraqi leaders to assume responsibility for the
        security and governance of their country while providing Iran
        and Syria the incentive to prevent violence otherwise caused by
        the redeployment of United States forces.
            (2) Supporting details.--
                    (A) The United States intelligence community has
                found that Iran and Syria, currently involved
                destructively in the fighting in Iraq want stability in
                Iraq following redeployment, and can play a
                constructive role in improving security and stability
                in Iraq.
                    (B) Because the redeployment of United States may
                take up to 20 months, there is an opportunity for a
                strategic approach to work diplomatically for political
                accommodation in Iraq with Iran and Syria (as well as
                Saudi Arabia and other countries in the region) during
                that timeframe.
    (c) Third Declaration of Policy.--Congress declares that while a
``date certain'' deadline for the redeployment of United States forces
could force Iraqi leaders to assume responsibility and provide Iran and
Syria the incentive to prevent violence that could result from the
redeployment, a ``goal'' for the redeployment's end instead of a ``date
certain'' is a necessary compromise in order to ensure a strategic
approach for United States security and create a greater level of Iraqi
stability in the aftermath of the redeployment.

SEC. 4. REDEPLOYMENT REQUIREMENTS.

    (a) Redeployment Required.--
            (1) Requirement.--Redeployment of United States Armed
        Forces serving in Iraq as part of Operation Iraqi Freedom shall
        begin within three months after the date of the enactment of
        this Act. Within six months after the date of the enactment of
        this Act, troop levels shall be at least 15,000 below the pre-
        surge level of 130,000 troops.
            (2) Goal.--Except as provided in subsection (b), not later
        than twenty months after the date of the enactment of this Act,
        the goal is that all United States Armed Forces serving in Iraq
        as part of Operation Iraqi Freedom shall be deployed outside of
        Iraq, to locations within the Middle East or Southwest Asia
        regions or to other regions or nations, or returned to the
        United States.
            (3) Purpose and pace of redeployment.--The redeployment
        required by this subsection shall be carried out for the
        purposes of both enhancing global security interests of the
        United States and improving the military readiness of the
        United States. The Secretary of Defense shall ensure that the
        redeployment is carried out at a deliberate, orderly pace that
        allows for the full security of members of the Armed Services.
    (b) Exceptions to Redeployment Requirement.--The redeployment
required by subsection (a) shall not apply to the following:
            (1) Special operations forces and counter-terrorism
        operations.--Special operations forces assigned outside of Iraq
        that conduct either targeted counter-terrorism operations or
        periodic support operations of the Iraqi security forces in
        Iraq.
            (2) Military liaison teams.--Military or civilian personnel
        on military liaison teams involved in military-to-military
        contacts and comparable activities between the United States
        and Iraq, as authorized under section 168 of title 10, United
        States Code.
            (3) Air support.--Members of the Air Force, Navy, and
        Marine Corps assigned to locations outside Iraq for purposes of
        conducting air operations in Iraq (including air operations in
        support of combat operations) to support the Iraqi security
        forces.
            (4) Security for united states diplomatic missions in
        iraq.--Members of the Armed Forces providing security for the
        United States Embassy and other United States diplomatic
        missions in Iraq.
            (5) Defense attache.--Personnel conducting routine
        functions of the Office of Defense Attache.

SEC. 5. LIMITATION ON USE OF FUNDS.

    Effective six months after the date of the enactment of this Act,
funds appropriated or otherwise made available to the Department of
Defense under any provision of law for Operation Iraqi Freedom may not
be obligated or expended to support more than 115,000 members of the
United States Armed Forces within Iraq, with a goal of no funding for
troops in Iraq within twenty months after the date of the enactment of
this Act.

SEC. 6. DIPLOMATIC EFFORTS BY THE UNITED STATES.

    (a) United States Leadership.--The United States should take a
leadership role in diplomatic efforts and negotiations necessary for
countries in the region, including Iran and Syria, to work together to
ensure the long-term stability of Iraq, which is in the best interests
of such countries and the United States.
    (b) International Conference.--The United States should convene an
international conference to bring together countries throughout the
world to provide economic aid for rebuilding the infrastructure of Iraq
and other reconstruction efforts in Iraq that are essential to ensure
the long-term stability of Iraq and America's national security.

Output:
Enhancing America's Security through Strategic Redeployment from Iraq Act - Sets forth the following findings: (1) ending the war in Iraq is necessary, however, how the war is ended is of even greater importance for U.S. national security, the safety U.S. Armed Forces members serving in Iraq, and stability in both Iraq and the Middle East; (2) an open-ended U.S. involvement in Iraq is not in the interest of U.S. national security and U.S. military forces must be redeployed or risk becoming severely overstrained; and (3) redeployment from Iraq will be a lengthy process.

Declares that: (1) it is critical that a comprehensive security plan is developed for Iraq and the region that accepts the necessity for a deliberate U.S. redeployment of forces from Iraq; (2) a planned end to U.S. involvement in Iraq will serve to force Iraqi leaders to assume responsibility for security and governance while providing Iran and Syria the incentive to prevent violence otherwise caused by the U.S. redeployment; and (3) a "goal" for the redeployment's end rather than a "date certain" end is a necessary compromise to ensure a strategic approach for U.S. security and to create to a greater level of post-redeployment Iraqi stability.

States that: (1) with specified exceptions, redeployment of U.S. Armed Forces in Iraq shall begin within three months, and that within six months troop levels shall be at least 15,000 below the pre-surge level of 130,000 troops; and (2) the goal is that all U.S. Armed Forces in Iraq shall be deployed outside of Iraq within 20 months.

States that funds for the Department of Defense (DOD) for Operation Iraqi Freedom may not be obligated or expended to support more than 115,000 U.S. Armed Forces members within Iraq, with a goal of no funding for troops in Iraq within 20 months.

States that the United States should take a leadership role in diplomatic efforts necessary for countries in the region, including Iran and Syria, to work together to ensure Iraq's long-term stability of Iraq.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Military Spouses Residency Relief
Act''.

SEC. 2. GUARANTEE OF RESIDENCY FOR SPOUSES OF MILITARY PERSONNEL FOR
              VOTING PURPOSES.

    (a) In General.--Section 705 of the Servicemembers Civil Relief Act
(50 U.S.C. App. 595) is amended--
            (1) by striking ``For'' and inserting the following:
    ``(a) In General.--For'';
            (2) by adding at the end the following new subsection:
    ``(b) Spouses.--For the purposes of voting for any Federal office
(as defined in section 301 of the Federal Election Campaign Act of 1971
(2 U.S.C. 431)) or a State or local office, a person who is absent from
a State because the person is accompanying the person's spouse who is
absent from that same State in compliance with military or naval orders
shall not, solely by reason of that absence--
            ``(1) be deemed to have lost a residence or domicile in
        that State, without regard to whether or not the person intends
        to return to that State;
            ``(2) be deemed to have acquired a residence or domicile in
        any other State; or
            ``(3) be deemed to have become a resident in or a resident
        of any other State.''; and
            (3) in the section heading, by inserting ``and spouses of
        military personnel'' before the period at the end.
    (b) Clerical Amendment.--The table of contents in section 1(b) of
such Act (50 U.S.C. App. 501) is amended by striking the item relating
to section 705 and inserting the following new item:

``Sec. 705. Guarantee of residency for military personnel and spouses
                            of military personnel.''.
    (c) Application.--Subsection (b) of section 705 of such Act (50
U.S.C. App. 595), as added by subsection (a) of this section, shall
apply with respect to absences from States described in such subsection
(b) on or after the date of the enactment of this Act, regardless of
the date of the military or naval order concerned.

SEC. 3. DETERMINATION FOR TAX PURPOSES OF RESIDENCE OF SPOUSES OF
              MILITARY PERSONNEL.

    (a) In General.--Section 511 of the Servicemembers Civil Relief Act
(50 U.S.C. App. 571) is amended--
            (1) in subsection (a)--
                    (A) by striking ``A servicemember'' and inserting
                the following:
            ``(1) In general.--A servicemember''; and
                    (B) by adding at the end the following:
            ``(2) Spouses.--A spouse of a servicemember shall neither
        lose nor acquire a residence or domicile for purposes of
        taxation with respect to the person, personal property, or
        income of the spouse by reason of being absent or present in
        any tax jurisdiction of the United States solely to be with the
        servicemember in compliance with the servicemember's military
        orders if the residence or domicile, as the case may be, is the
        same for the servicemember and the spouse.'';
            (2) by redesignating subsections (c), (d), (e), and (f) as
        subsections (d), (e), (f), and (g), respectively;
            (3) by inserting after subsection (b) the following new
        subsection:
    ``(c) Income of a Military Spouse.--Income for services performed
by the spouse of a servicemember shall not be deemed to be income for
services performed or from sources within a tax jurisdiction of the
United States if the spouse is not a resident or domiciliary of the
jurisdiction in which the income is earned because the spouse is in the
jurisdiction solely to be with the servicemember serving in compliance
with military orders.''; and
            (4) in subsection (d), as redesignated by paragraph (2)--
                    (A) in paragraph (1), by inserting ``or the spouse
                of a servicemember'' after ``The personal property of a
                servicemember''; and
                    (B) in paragraph (2), by inserting ``or the
                spouse's'' after ``servicemember's''.
    (b) Application.--Subsections (a)(2) and (c) of section 511 of such
Act (50 U.S.C. App. 571), as added by subsection (a) of this section,
and the amendments made to such section 511 by subsection (a)(4) of
this section, shall apply with respect to any return of State or local
income tax filed for any taxable year beginning with the taxable year
that includes the date of the enactment of this Act.

SEC. 4. SUSPENSION OF LAND RIGHTS RESIDENCY REQUIREMENT FOR SPOUSES OF
              MILITARY PERSONNEL.

    (a) In General.--Section 508 of the Servicemembers Civil Relief Act
(50 U.S.C. App. 568) is amended in subsection (b) by inserting ``or the
spouse of such servicemember'' after ``a servicemember in military
service''.
    (b) Application.--The amendment made by subsection (a) shall apply
with respect to servicemembers in military service (as defined in
section 101 of such Act (50 U.S.C. App. 511)) on or after the date of
the enactment of this Act.

Output:
Military Spouses Residency Relief Act - Amends the Servicemembers Civil Relief Act to prohibit, for purposes of voting for a federal, state, or local office, deeming a person to have lost a residence or domicile in a state, acquired a residence or domicile in any other state, or become a resident in or of any other state solely because the person is absent from a state because the person is accompanying the person's spouse who is absent from the state in compliance with military or naval orders.

Prohibits a servicemember's spouse from either losing or acquiring a residence or domicile for purposes of taxation because of being absent or present in any U.S. tax jurisdiction solely to be with the servicemember in compliance with the servicemember's military orders if the residence or domicile is the same for the servicemember and the spouse. Prohibits a spouse's income from being considered income earned in a tax jurisdiction if the spouse is not a resident or domiciliary of such jurisdiction when the spouse is in that jurisdiction solely to be with a servicemember serving under military orders.

Suspends land rights residency requirements for spouses accompanying servicemembers serving under military orders.


Input:
SECTION 1. PURPOSE.

    The purpose of this Act is--
            (1) to encourage the best and brightest candidates to teach
        in public elementary and secondary schools serving
        disadvantaged populations; and
            (2) to encourage high achieving candidates to enter the
        teaching profession who would otherwise not consider a career
        in teaching.

SEC. 2. GRANTS AUTHORIZED.

    (a) In General.--The Secretary is authorized to award grants to at
least 50 local educational agencies for a fiscal year to enable the
local educational agencies to award bonuses to highly qualified
individuals who agree to teach in elementary schools or secondary
schools that are served by the local educational agency and located in
high poverty areas, for a period of not less than 4 years.
    (b) Local Educational Agency Eligibility.--A local educational
agency shall be eligible for a grant under this Act if--
            (1) not less than 20 percent of children in the schools
        served by the local educational agency are eligible to be
        counted under section 1124(c) of the Elementary and Secondary
        Education Act of 1965 (20 U.S.C. 6333(c)); or
            (2) the local educational agency is eligible to be counted
        under section 10952 of the Elementary and Secondary Education
        Act of 1965 (20 U.S.C. 8272).
    (c) Requirement.--The Secretary shall award a grant under
subsection (a) to at least 1 eligible local educational agency in each
State.
    (d) Amount.--Grants under this section shall be awarded based on
the number of students enrolled in schools under the jurisdiction of
the local educational agency involved. With respect to a local
educational agency with an enrollment of--
            (1) 1,500 or fewer students, the amount of a grant shall be
        $22,500;
            (2) at least 1,501 but less than 5,001 students, the amount
        of a grant shall be $112,500;
            (3) at least 5,001 but less than 15,001 students, the
        amount of a grant shall be $150,000; and
            (4) at least 15,001 students, the amount of a grant shall
        be $300,000.
    (e) Bonuses Not Taxed.--For purposes of the Internal Revenue Code
of 1986, a bonus awarded under this Act shall not be includable in the
gross income of the individual awarded the bonus.
    (f) Collaboration.--The Secretary shall collaborate with local
educational agencies, local boards of education, and local offices of
student financial assistance in carrying out the program assisted under
this section.
    (g) Definition.--The definitions in section 14101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 8801) shall apply to
this Act.

SEC. 3. LOCAL REQUIREMENTS.

    (a) Local Uses.--Each local educational agency receiving a grant
under this Act shall use the funds made available under this Act to--
            (1) award bonuses to highly qualified individuals who agree
        to teach in elementary schools or secondary schools in which at
        least 40 percent of the children are eligible to be counted
        under section 1124(c) of the Elementary and Secondary Education
        Act of 1965 (20 U.S.C. 6333(c));
            (2) award the bonuses in accordance with subsection (b) on
        a competitive basis taking into consideration--
                    (A) objective measures such as test scores, grade
                point average or class rank, and such other criteria as
                the local educational agency may determine appropriate;
                and
                    (B) recommendations received under subsection (c);
                and
            (3) award the bonuses in the amount of $15,000 with $7,500
        paid after the first year of such teaching and $7,500 paid
        after the second year of such teaching.
    (b) Bonuses.--With respect to bonuses under subsection (a)(2), the
local educational agency shall, with respect to a local educational
agency with an enrollment of--
            (1) 1,500 or fewer students, award bonuses to not more than
        3 highly qualified individuals in the fiscal year involved;
            (2) at least 1,501 but less than 5,001 students, award
        bonuses to not more than 15 highly qualified individuals;
            (3) at least 5,001 but less than 15,001 students, award
        bonuses to not more than 20 highly qualified individuals; and
            (4) at least 15,001 students, award bonuses to not more
        than 40 highly qualified individuals.
    (c) Prohibition.--Each local educational agency receiving a grant
under this Act shall not use the grant funds to offset the salary of a
teacher awarded a bonus under this Act.
    (d) Recommendations.--Each local educational agency receiving a
grant under this Act shall establish a system for receiving a limited
number of recommendations from institutions of higher education for
individuals to receive bonus awards under this Act.

SEC. 4. ELIGIBILITY.

    To be eligible to receive a bonus award under this Act an
individual--
            (1) shall enter into an agreement with the local
        educational agency to work in a school described in section
        3(a)(1) for not less than 4 years or repay the bonus in
        accordance with section 6;
            (2) shall pass all State certification examinations
        required to teach in an elementary school or secondary school
        in the State;
            (3) shall have graduated with a 3.5 grade point average
        from an institution of higher education, or have graduated in
        the top 15 percent of the individual's graduating class at an
        institution of higher education, with a bachelor's degree;
            (4) shall submit an application to the local educational
        agency in accordance with section 5(a).

SEC. 5. APPLICATIONS; NOTIFICATION.

    (a) Application.--Each individual desiring a bonus award under this
Act shall submit an application to a local educational agency not later
than January 15 of each year containing such information as the local
educational agency may require.
    (b) Notification.--A local educational agency shall notify
individuals of their bonus awards by May 1 of each year.

SEC. 6. REPAYMENT.

    Each individual who receives a bonus award under this Act and does
not comply with the terms of the agreement described in section 4(1)
within 6 years of receiving the first bonus award payment under this
Act, without an excuse that is acceptable to the local educational
agency, shall repay to the local educational agency the amount of the
bonus awards received plus interest. Repayment shall begin not later
than 2 years after the local educational agency determines the
individual is in noncompliance with the agreement.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to carry out this Act
$15,000,000 for each of the fiscal years 2000 through 2004.

Output:
Authorizes the Secretary of Education to make grants to local educational agencies (LEAs) to award nontaxable bonuses to highly qualified individuals who agree to teach in elementary schools or secondary schools that are served by the LEA and located in high poverty areas.
Requires such grants to be made to at least 50 LEAs per fiscal year, and to at least one eligible LEA in each State, for a period of not less than four years.
Sets forth requirements relating to: (1) LEA, school, and individual eligibility; (2) grant and bonus amounts; (3) a competitive award process based on objective measures and recommendations from higher education institutions; and (4) service obligations or award repayment.
Authorizes appropriations.


Input:
SECTION 1. FUNDING FOR EQUIPMENT RESET AND OTHER EQUIPMENT NEEDS OF THE
              NATIONAL GUARD.

    (a) Findings.--Congress makes the following findings:
            (1) In his testimony before the Commission on the National
        Guard and Reserves, the Chief of the National Guard Bureau,
        Lieutenant General Blum, warned about equipment shortfalls for
        the Army National Guard and Air National Guard stating that
        ``88 percent of the forces that are back here in the United
        States are very poorly equipped today in the Army National
        Guard. And in the Air National Guard for the last three
        decades, they have never had a unit below C2 in equipment
        readiness''.
            (2) In the March 1, 2007, report of the Commission on the
        National Guard and Reserves, the Commission observes that--
                    (A) while the operational tempo of the reserve
                components of the Armed Forces has increased
                substantially, resourcing has not kept pace;
                    (B) the lack of sufficient and ready equipment is a
                problem common to both the active and reserve
                components of the Armed Forces;
                    (C) the equipment readiness of the Army National
                Guard is unacceptable and has reduced the capability of
                the United States to respond to current and additional
                major contingencies, whether foreign and domestic; and
                    (D) while the budget of the President for fiscal
                year 2008 includes large increases in funds for
                equipment for the National Guard, historical practice
                in the Department of Defense indicates that Army plans
                for projected funding increases for equipment for the
                Army National Guard are not reliably carried through.
            (3) According to the Commission on the National Guard and
        Reserves, procurement for the Army National Guard during the
        period from 1999 through 2005 has been reduced significantly
        from amounts proposed for such procurement before that period.
        The budget for fiscal year 2001 indicated that the Army planned
        to expend $1,346,000,000 in fiscal year 2004 for procurement
        for the Army National Guard, but the budget for fiscal year
        2006 revealed that the Army expended only $578,400,000 for
        procurement for the Army National Guard in fiscal year 2004.
        Similarly, the budget for fiscal year 2001 indicated that the
        Army planned to expend $1,625,000,000 in fiscal year 2005 for
        procurement for the Army National Guard, but the budget for
        fiscal year 2006 revealed that the Army planned to expend only
        $660,900,000 for procurement for the Army National Guard in
        fiscal year 2005.
            (4) According to the Commission on the National Guard and
        Reserves, the difference between the amounts proposed for
        procurement for the Army National Guard for fiscal years 2003
        through 2005 and the amounts actually expended for such
        procurement in such fiscal years was atypical and extreme.
            (5) According to a January 2007 report of the Government
        Accountability Office, inventories of equipment for the
        National Guard in the United States have decreased because of
        overseas operations, particularly inventories of the Army
        National Guard. The Comptroller General found that State
        officials expressed concerns about having enough equipment to
        respond to large scale natural or man made disasters such as
        Hurricane Katrina.
            (6) The Comptroller General found that before current
        overseas operations began, the majority of the combat forces of
        the Army National Guard were supplied with approximately 65 to
        79 percent of their required equipment. As of November 2006,
        nondeployed Army National Guard forces nationwide still had
        approximately 64 percent of the total amount of authorized
        dual-use equipment, including authorized substitute items,
        based on their warfighting missions even as overseas and
        domestic missions have expanded.
    (b) Authorization of Appropriations.--
            (1) In general.--There is hereby authorized to be
        appropriated for the Department of Defense for the Army
        National Guard and the Air National Guard for equipment reset
        requirements of the Army National Guard and the Air National
        Guard, and to otherwise remedy other equipment shortfalls of
        the Army National Guard and the Air National Guard, in order to
        bring the Army National Guard and the Air National Guard to
        full equipment readiness, amounts as follows:
                    (A) For fiscal year 2008:
                            (i) For procurement of National Guard and
                        Reserve Equipment, $2,100,000,000, with such
                        amount to be available for the Army National
                        Guard.
                            (ii) For Operation and Maintenance, Army
                        National Guard, $1,300,000,000.
                            (iii) For other equipment procurement and
                        reset, $4,360,000,000, of which--
                                    (I) $2,600,000,000 shall be
                                available for the Army National Guard;
                                and
                                    (II) $1,760,000,000 shall be
                                available for the Air National Guard.
                            (iv) For National Guard Personnel, Air
                        Force, $280,000,000.
                            (v) For Operation and Maintenance, Air
                        National Guard, $720,000,000.
                    (B) For each of fiscal years 2009 through 2013:
                            (i) For procurement of National Guard and
                        Reserve Equipment, $575,000,000, with such
                        amount to be available for the Army National
                        Guard.
                            (ii) For Operation and Maintenance, Army
                        National Guard, $1,300,000,000.
                            (iii) For other equipment procurement and
                        reset, $4,360,000,000, of which--
                                    (I) $2,600,000,000 shall be
                                available for the Army National Guard;
                                and
                                    (II) $1,760,000,000 shall be
                                available for the Air National Guard.
                            (iv) For National Guard Personnel, Air
                        Force, $280,000,000.
                            (v) For Operation and Maintenance, Air
                        National Guard, $720,000,000.
            (2) Supplement not supplant.--The amounts authorized to be
        appropriated by paragraph (1) for a fiscal year and account
        specified in that paragraph is in addition to any other amounts
        authorized to be appropriated for the Department of Defense for
        such fiscal year for such account.
    (c) Report on Defense Industrial Base.--
            (1) In general.--Not later than 60 days after the date of
        the enactment of this Act, the Secretary of Defense shall
        submit to Congress a report assessing the capability, during
        the 5-year period beginning on October 1, 2007, of the defense
        industrial base of the United States to produce the equipment
        to be procured using amounts applicable amounts authorized to
        be appropriated by subsection (b).
            (2) Recommendations.--If the assessment in the report under
        paragraph (1) includes a determination that the defense
        industrial base does not have the capability to produce
        equipment as described in that paragraph, the report shall also
        include such recommendations as the Secretary considers
        appropriate for actions, including investments, necessary to
        develop that capability.

Output:
Authorizes appropriations for FY2008-FY2013 for the Department of Defense (DOD) for the Army and Air National Guards for equipment reset (resupply) requirements, and to otherwise remedy other equipment shortfalls in order to bring the Army and Air National Guards to full equipment readiness.

Requires a report from the Secretary to Congress on the capability of the U.S. defense industrial base to produce the necessary equipment.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Otay Mountain Wilderness Act of
1998''.

SEC. 2. FINDINGS.

    The Congress finds and declares the following:
            (1) The public lands within the Otay Mountain region of
        California are one of the last remaining pristine locations in
        western San Diego County, California.
            (2) This rugged mountain adjacent to the United States-
        Mexico border is internationally known for its diversity of
        unique and sensitive plants.
            (3) This area plays a critical role in San Diego's multi-
        species conservation plan, a national model made for
        maintaining biodiversity.
            (4) Due to its proximity to the international border, this
        area is the focus of important law enforcement and border
        interdiction efforts necessary to curtail illegal immigration
        and protect the area's wilderness values.
            (5) The illegal immigration traffic, combined with the
        rugged topography, also presents unique fire management
        challenges for protecting lives and resources.

SEC. 3. DESIGNATION.

    In furtherance of the purposes of the Wilderness Act (16 U.S.C.
1131 et seq.), certain public lands in the California Desert District
of the Bureau of Land Management, California, comprising approximately
18,500 acres as generally depicted on a map entitled ``Otay Mountain
Wilderness'' and dated May 7, 1998, are hereby designated as wilderness
and therefore as a component of the National Wilderness Preservation
System, which shall be known as the Otay Mountain Wilderness.

SEC. 4. MAP AND LEGAL DESCRIPTION.

    (a) In General.--As soon as practicable after the date of enactment
of this Act, a map and a legal description for the Wilderness Area
shall be filed by the Secretary with the Committee on Energy and
Natural Resources of the Senate and the Committee on Resources of the
House of Representatives. Such map and legal description shall have the
same force and effect as if included in this Act, except that the
Secretary, as appropriate, may correct clerical and typographical
errors in such legal description and map. Such map and legal
description for the Wilderness Area shall be on file and available for
public inspection in the offices of the Director and California State
Director, Bureau of Land Management, Department of the Interior.
    (b) United States-Mexico Border.--In carrying out this section, the
Secretary shall ensure that the southern boundary of the Wilderness
Area is 100 feet north of the trail depicted on the map referred to in
subsection (a) and is at least 100 feet from the United States-Mexico
international border.

SEC. 5. WILDERNESS REVIEW.

    The Congress hereby finds and directs that all the public lands not
designated wilderness within the boundaries of the Southern Otay
Mountain Wilderness Study Area (CA-060-029) and the Western Otay
Mountain Wilderness Study Area (CA-060-028) managed by the Bureau of
Land Management and reported to the Congress in 1991, have been
adequately studied for wilderness designation pursuant to section 603
of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782),
and are no longer subject to the requirements contained in section
603(c) of that Act pertaining to the management of wilderness study
areas in a manner that does not impair the suitability of such areas
for preservation as wilderness.

SEC. 6. ADMINISTRATION OF WILDERNESS AREA.

    (a) In General.--Subject to valid existing rights and to subsection
(b), the Wilderness Area shall be administered by the Secretary in
accordance with the provisions of the Wilderness Act (16 U.S.C. 1131 et
seq.), except that--
            (1) any reference in such provisions to the effective date
        of the Wilderness Act is deemed to be a reference to the
        effective date of this Act; and
            (2) any reference in such provisions to the Secretary of
        Agriculture is deemed to be a reference to the Secretary of the
        Interior.
    (b) Border Enforcement, Drug Interdiction, and Wildland Fire
Protection.--Nothing in this Act or the Wilderness Act may be construed
to preclude Federal, State, and local agencies from conducting within
the Wilderness Area, in accordance with appropriate conditions
determined by the Secretary--
            (1) drug interdiction and border operations, including the
        installation of electronic sensors and other surveillance
        equipment; and
            (2) wildland fire management operations, including
        prescribed burns.

SEC. 7. FURTHER ACQUISITIONS.

    Any lands within the boundaries of the Wilderness Area that are
acquired by the United States after the date of enactment of this Act
shall become part of the Wilderness Area and shall be managed in
accordance with all the provisions of this Act and other laws
applicable to such a wilderness.

SEC. 8. NO BUFFER ZONES.

    The Congress does not intend for the designation of the Wilderness
Area by this Act to lead to the creation of protective perimeters or
buffer zones around the Wilderness Area. The fact that nonwilderness
activities or uses can be seen or heard from areas within the
Wilderness Area shall not, of itself, preclude such activities or uses
up to the boundary of the Wilderness Area.

SEC. 9. DEFINITIONS.

    As used in this Act:
            (1) Public lands.--The term ``public lands'' has the same
        meaning as that term has in section 103(e) of the Federal Land
        Policy and Management Act of 1976.
            (2) Secretary.--The term ``Secretary'' means the Secretary
        of the Interior.
            (3) Wilderness area.--The term ``Wilderness Area'' means
        the Otay Mountain Wilderness designated by section 3.

Output:
Otay Mountain Wilderness Act of 1998 - Designates specified public lands in the California Desert District of the Bureau of Land Management as the Otay Mountain Wilderness.
Declares that such designation:  (1) shall not preclude Federal, State, or local government drug interdiction and border operations or wildland fire management operations within the Wilderness; and (2) is not intended to lead to the creation of protective buffer zones around the Wilderness.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Freedom to Serve Without Fear Act of
2011''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) A central tenet of representative democracy is that
        citizens enjoy the right to peaceably assemble and petition
        their government for redress of grievances.
            (2) For this right to be exercised meaningfully, elected
        representatives must be able to make themselves accessible to
        their constituents.
            (3) Fear of gun violence at events where elected
        representatives are performing their official or
        representational duties has a chilling effect on our democracy
        in at least 2 ways:
                    (A) by discouraging citizens from engaging in the
                public and personal dialogue with their representatives
                that is the lifeblood of vibrant democratic politics;
                and
                    (B) by leading elected representatives to reduce
                the frequency and extent of personal contact with their
                constituents as a reasonable precaution against
                unreasonable threats to their personal safety.
            (4) During the summer of 2009, there were multiple cases of
        persons carrying firearms outside of venues at which the
        President of the United States was holding meetings and
        official events. In one instance, a man carried an AR-15
        automatic assault rifle and a sidearm. In another instance,
        occurring hours before a presidential town hall a week earlier,
        a man was arrested for breaching a security perimeter at the
        location of the event, and was found to be in possession of an
        unlicensed and loaded handgun.
            (5) In recent months, there has been a threefold increase
        in the number of reported threats against Members of the United
        States House of Representatives and Members of the United
        States Senate.

SEC. 3. PROHIBITION ON KNOWINGLY POSSESSING A FIREARM NEAR A VENUE AT
              WHICH A MEMBER OF CONGRESS IS PERFORMING AN OFFICIAL AND
              REPRESENTATIONAL DUTY OR CAMPAIGNING FOR PUBLIC OFFICE.

    (a) Prohibition.--Section 922 of title 18, United States Code, is
amended by adding at the end the following:
    ``(aa)(1) Except as provided in paragraph (2), it shall be unlawful
for any person, in or affecting interstate or foreign commerce, to
knowingly carry a firearm--
            ``(A) in, or within 250 feet of an entrance to or exit
        from, a building or structure where the person knows that a
        Member of Congress is--
                    ``(i) performing an official and representational
                duty of the Member;
                    ``(ii) engaging in campaign activity as a candidate
                for election for Federal office for purposes of the
                Federal Election Campaign Act of 1971; or
                    ``(iii) engaging in campaign activity as a
                candidate for election for State or local office, as
                determined pursuant to State law; or
            ``(B) at, or within 500 feet of, any other place where the
        person knows that a Member of Congress is performing such a
        duty or engaging in such a campaign activity,
if there is visible, at each place that is at the applicable distance
specified in this sentence from the building, structure, or other
place, a sign which clearly and conspicuously states that a Member of
Congress will be present at the building, structure, or other place,
and so states the time interval during which the Member of Congress is
scheduled to be so present.
    ``(2) Paragraph (1) shall not apply to the carrying of a firearm--
            ``(A) by a law enforcement officer (whether on- or off-
        duty) who is authorized to carry a firearm in the line of duty;
        or
            ``(B) pursuant to the express written permission of--
                    ``(i) any Member of Congress present at the
                location involved, which permission has been filed with
                the chief of police of the locality involved; or
                    ``(ii) the chief of police of the locality
                involved;
            ``(C) on real property owned or rented by the carrier of
        the firearm;
            ``(D) on the premises of a business in which the carrier of
        the firearm is employed and authorized by the employer to carry
        the firearm; or
            ``(E) which is in a locked container or otherwise not
        readily accessible for use.
    ``(3) If Federal investigative or prosecutive jurisdiction is
asserted for a violation of this subsection, such assertion shall
suspend the exercise of jurisdiction by a State or local authority,
under any applicable State or local law, until Federal action is
terminated.
    ``(4) Violations of this subsection shall be investigated by the
Federal Bureau of Investigation. Assistance may be requested from any
Federal, State, or local agency, including the Army, Navy, and Air
Force, any statute, rule, or regulation to the contrary
notwithstanding.''.
    (b) Penalties.--Section 924(a) of such title is amended by adding
at the end the following:
    ``(8) Whoever knowingly violates section 922(aa) shall be fined
under this title, imprisoned not more than 10 years, or both.''.

SEC. 4. ENCOURAGING STATES TO ADOPT FIREARMS PROHIBITIONS SIMILAR TO
              FEDERAL LAW TO PROTECT STATE AND LOCAL ELECTED AND
              APPOINTED OFFICIALS.

    (a) In General.--For each fiscal year after the expiration of the
period specified in subsection (b)(1) in which a State receives funds
for the Edward Byrne Memorial Justice Assistance Grant Program under
subpart 1 of part E of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3750 et seq.), the State shall have in
effect throughout the State laws and policies that prohibit any person
to knowingly possess a firearm near a venue at which an elected or
appointed State or local official is performing an official and
representational duty or campaigning for public office if such
possession would constitute an offense under subsection (aa) of section
922 of title 18, United States Code, if such official were a Member of
Congress.
    (b) Compliance and Ineligibility.--
            (1) Compliance date.--Each State shall have not more than 1
        year from the date of enactment of this Act to comply with
        subsection (a), except that--
                    (A) the Attorney General may grant an additional 1
                year to a State that is making good faith efforts to
                comply with such subsection; and
                    (B) the Attorney General shall waive the
                requirements of subsection (a) if compliance with such
                subsection by a State would be unconstitutional under
                the constitution of such State.
            (2) Ineligibility for funds.--For any fiscal year after the
        expiration of the period specified in paragraph (1), a State
        that fails to comply with subsection (a) shall not receive 10
        percent of the funds that would otherwise be allocated for that
        fiscal year to the State for the Edward Byrne Memorial Justice
        Assistance Grant Program under subpart 1 of part E of title I
        of the Omnibus Crime Control and Safe Streets Act of 1968 (42
        U.S.C. 3750 et seq.).
    (c) Reallocation.--Amounts not allocated under such Edward Byrne
Memorial Justice Assistance Grant Program to a State for failure to
fully comply with subsection (a) shall be reallocated under that
program to States that have not failed to comply with such subsection.

Output:
Freedom to Serve Without Fear Act of 2011 - Amends the federal criminal code to prohibit any person from knowingly carrying a firearm in, or within 250 feet of an entrance to or exit from, a building or structure, or at, or within 500 feet of, any other place, where a Member of Congress is performing an official and representational duty or engaging in campaign activity as a candidate for federal, state, or local office, if there are visible at such distances signs which clearly and conspicuously state that a Member will be present and the time the Member will be present. Specifies exceptions, including pursuant to the express written permission of the Member or the chief of police of the locality involved.

Requires a 10% reduction in funds a state would receive for the Edward Byrne Memorial Justice Assistance Grant Program for a fiscal year if the state fails to have in effect by the specified compliance date laws and policies that similarly prohibit individuals from knowingly possessing firearms near a venue at which an elected or appointed state or local official is performing an official and representational duty or campaigning for public office.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Childcare Accountability and
Responsibility Act of 2009'' or the ``CARE for Kids Act of 2009''.

SEC. 2. REQUIREMENT OF A CRIMINAL BACKGROUND CHECK.

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

``SEC. 658H. REQUIREMENT OF A CRIMINAL BACKGROUND CHECK FOR A CHILD
              CARE STAFF MEMBER OF ANY CHILD CARE PROVIDER IN A STATE
              THAT RECEIVES FUNDS FROM THE CHILD CARE AND DEVELOPMENT
              BLOCK GRANT PROGRAM.

    ``(a) Criminal Background Check.--
            ``(1) Requirement of a criminal background check.--A State
        and national criminal background check for a child care staff
        member of a child care provider is required in any State that
        receives funds under this subchapter. The criminal background
        check shall include--
                    ``(A) a search of the National Sex Offender
                Registry established pursuant to the Adam Walsh Child
                Protection and Safety Act of 2006 (42 U.S.C. 16901 et
                seq.);
                    ``(B) a search of the National Crime Information
                Center;
                    ``(C) a search of the State criminal registry or
                repository in the State in which the child care staff
                member resides and each State where such staff member
                previously resided;
                    ``(D) a search of State-based abuse and neglect
                registries and databases, including the abuse and
                neglect registries and databases of each State where
                the child care staff member previously resided; and
                    ``(E) a Federal Bureau of Investigation fingerprint
                check using the Integrated Automated Fingerprint
                Identification System.
            ``(2) Submittal of requests.--Subject to paragraph (3), a
        child care provider shall submit a request for a State and
        national criminal background check to the appropriate State
        agency designated by the State--
                    ``(A) for each child care staff member prior to its
                submission of an application for a State child care
                license, except that this subparagraph shall not apply
                to any additional applications submitted within a 5-
                year period after such request for a criminal
                background check under paragraph (2) and such
                submission of an application under this subparagraph is
                made by the child care provider;
                    ``(B) for each child care staff member;
                    ``(C) for each prospective child care staff member
                prior to their beginning date of employment; and
                    ``(D) in each 5-year period after the date of the
                child care provider's first request for a criminal
                background check for the child care staff member.
            ``(3) Limitation on requests.--Not more than 1 request for
        a State and national criminal background check under paragraph
        (2) is required for any child care staff member for each 5-year
        period after such request for the criminal background check for
        such staff member.
            ``(4) Results.--Not later than 10 business days after the
        date of which a request by a child care provider is made for a
        State and national criminal background check and is received by
        the appropriate State agency, such agency shall provide the
        results of the criminal background check to such provider.
            ``(5) Ineligibility.--A child care provider shall be
        ineligible for receipt of a child care certificate as payment
        for child care services, and a child care staff member shall be
        ineligible for employment by any child care provider in a
        State, if any such criminal background check of the child care
        staff member of the provider reveals a felony conviction for--
                    ``(A) child abuse or neglect;
                    ``(B) spousal abuse;
                    ``(C) a crime against children (including child
                pornography);
                    ``(D) a violent crime, including--
                            ``(i) physical assault or battery;
                            ``(ii) rape;
                            ``(iii) sexual assault; or
                            ``(iv) homicide; or
                    ``(E) a drug-related offense committed within 5
                years prior to submission to a criminal background
                check.
            ``(6) Appeals.--Not later than 30 days after receipt of the
        results of a criminal background check, a child care provider
        may appeal such results to the appropriate State agency
        designated by the State.
            ``(7) Fees.--To defray the costs of carrying out the duties
        described in this subsection, a State may collect 1 fee per
        criminal background check from a child care provider in an
        amount not to exceed the actual costs to the State for the
        administration of all required criminal background checks, and
        such fee for all required criminal background checks may not
        exceed a total of $36.
    ``(b) State Compliance.--
            ``(1) Noncompliance.--
                    ``(A) Penalty.--A State that fails to satisfy the
                requirements of this section shall not receive 2
                percent of the grant funds that it would otherwise be
                allocated for that fiscal year.
                    ``(B) Unallocated grant funds.--Grant funds not
                allocated under subparagraph (A) shall be distributed
                in the first fiscal year that the State meets the
                requirements.
            ``(2) Time limitation.--A State shall have 3 years to
        implement the requirements of this section.
            ``(3) Extension of time.--The Secretary may grant an
        extension, no longer than 2 years, to a State that makes a good
        faith effort to satisfy the requirements of this section.
    ``(c) Definition.--The term `child care staff member' means an
individual that provides child care services for compensation and on a
regular basis (other than an individual who is related to the child or
children for whom services are provided), regardless of whether the
services are provided for a child care provider or a family child care
provider.
    ``(d) Authorization of Appropriations To Conduct Criminal
Background Checks.--There are authorized to be appropriated such sums
as necessary to offset the administrative costs to conduct State and
national criminal background checks under this section.''.

Output: Childcare Accountability and Responsibility Act of 2009 or the CARE for Kids Act of 2009 - Amends the Child Care and Development Block Grant Act of 1990 to require a national criminal background check for employees of child care providers in any state that receives funds from the Child Care and Development Block Grant Program. Requires that such background check include: (1) a search of the national Sex Offender Registry, the National Crime Information Center, state criminal registries, and state-based abuse and neglect registries and databases; and (2) a Federal Bureau of Investigation (FBI) fingerprint check.