Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Aggregate Risk and Revenue
Management Act of 2011'' or the ``ARRM Act of 2011''.

SEC. 2. AGGREGATE RISK AND REVENUE MANAGEMENT PROGRAM.

    Section 1105 of the Food, Conservation, and Energy Act of 2008 (7
U.S.C. 8715) is amended to read as follows:

``SEC. 1105. AGGREGATE RISK AND REVENUE MANAGEMENT PROGRAM.

    ``(a) Definitions.--In this section:
            ``(1) Alternative price.--The term `alternative price'
        means an average of the price for each of the immediately
        preceding 4 years, as determined by the National Agricultural
        Statistics Service, for each crop for which the harvest price
        is unavailable.
            ``(2) ARRM.--The term `ARRM' means the aggregate risk and
        revenue management program established under this section.
            ``(3) CRD.--The term `CRD' means a crop reporting district,
        as determined by the National Agricultural Statistics Service.
            ``(4) Harvest price.--The term `harvest price' means the
        harvest price determined by the Risk Management Agency.
    ``(b) Availability and Election of Alternative Approach.--
            ``(1) Availability of aggregate risk and revenue management
        payments.--With respect to all covered commodities and peanuts
        on a farm, during each of the 2013 through 2017 crop years, the
        Secretary shall give the operator, tenant, or sharecropper, as
        appropriate, on the farm an opportunity to make an annual
        election for all producers on the farm to receive aggregate
        risk and revenue management payments under this section for the
        crop year for which the election is made.
            ``(2) Limitations.--
                    ``(A) In general.--The total number of planted
                acres for which the producers on a farm may receive
                ARRM payments under this section shall be equal to the
                total number of acres planted to all covered
                commodities and peanuts on the farm.
                    ``(B) Native sod.--
                            ``(i) In general.--Native sod (as defined
                        in section 508(o)(1) of the Federal Crop
                        Insurance Act (7 U.S.C. 1508(o)(1))) acreage
                        that is tilled for the purpose of producing an
                        annual crop after the date of enactment of the
                        ARRM Act of 2011 shall not be considered
                        acreage planted to the covered commodity or
                        peanuts for harvest on a farm in a crop year
                        for purposes of making ARRM payments under this
                        section during the first 5 crop years of
                        planting.
                            ``(ii) Requirement.--Ineligibility under
                        clause (i) shall only apply to the actual
                        acreage of native sod that was converted to
                        crop production.
            ``(3) Election; time for election.--
                    ``(A) In general.--The Secretary shall provide
                notice to the operators, tenants, or sharecroppers, as
                appropriate regarding the opportunity to make each of
                the elections described in paragraph (1).
                    ``(B) Notice requirements.--The notice shall
                include--
                            ``(i) notice of the opportunity of the
                        operator, tenant, or sharecropper, as
                        appropriate, on a farm to make the election;
                        and
                            ``(ii) information regarding the manner in
                        which the election must be made and the time
                        periods and manner in which notice of the
                        election must be submitted to the Secretary.
            ``(4) Election deadline.--Within the time period and in the
        manner prescribed pursuant to paragraph (3), the operator,
        tenant, or sharecropper, as appropriate, on a farm shall submit
        to the Secretary notice of an election made under paragraph
        (1).
            ``(5) Effect of failure to make election.--If the
        operators, tenants, or sharecroppers, as appropriate, on a farm
        fail to make an election under paragraph (1) or fail to timely
        notify the Secretary of the election made, as required by
        paragraph (4), all of the producers on the farm shall be deemed
        to not have made the election described in paragraph (1), for
        the applicable crop years.
    ``(c) Payments Required.--
            ``(1) In general.--In the case of producers on a farm who
        make an election under subsection (b) to receive ARRM payments
        for any of the 2013 through 2017 crop years for all covered
        commodities and peanuts, the Secretary shall make ARRM payments
        available to the producers on a farm in accordance with this
        subsection.
            ``(2) ARRM payment.--
                    ``(A) In general.--Subject to paragraph (3), in the
                case of producers on a farm described in paragraph (1),
                the Secretary shall make ARRM payments available to the
                producers on a farm for each crop year if--
                            ``(i) the actual CRD revenue for the crop
                        year for the covered commodity or peanuts in
                        the CRD determined under subsection (e); is
                        less than
                            ``(ii) the ARRM program guarantee for the
                        crop year for the covered commodity or peanuts
                        in the CRD determined under subsection (d).
                    ``(B) Individual loss.--The Secretary shall make
                ARRM payments available to the producers on a farm in a
                CRD for a crop year only if (as determined by the
                Secretary)--
                            ``(i) the actual farm revenue for the crop
                        year for the covered commodity or peanuts, as
                        determined under subsection (g); is less than
                            ``(ii) the farm ARRM revenue guarantee for
                        the crop year for the covered commodity or
                        peanuts, as determined under subsection (f).
            ``(3) Time for payments.--In the case of each of the 2013
        through 2017 crop years, the Secretary shall make ARRM payments
        beginning October 1, or as soon as practicable thereafter,
        after the date of determination of the harvest price for the
        covered commodity or peanuts.
    ``(d) ARRM Program Guarantee.--
            ``(1) CRD amount.--
                    ``(A) In general.--For purposes of subsection
                (c)(2)(A) and subject to subparagraphs (B) and (C), the
                ARRM program guarantee for a crop year for a covered
                commodity or peanuts in a CRD shall equal 90 percent of
                the CRD average revenue, as determined under
                subparagraph (B).
                    ``(B) CRD average revenue.--For purposes of
                subparagraph (A), the CRD average revenue shall be the
                average during the marketing years for the immediately
                preceding 5 crops of a covered commodity and peanuts,
                excluding the year in which the CRD revenue was the
                highest and the year in which the CRD revenue was the
                lowest in the period, of the product obtained by
                multiplying--
                            ``(i) the CRD yield for the covered
                        commodity or peanuts in a CRD determined under
                        paragraph (2); and
                            ``(ii) the harvest price or alternative
                        price for the covered commodity or peanuts.
                    ``(C) Minimum and maximum guarantee.--The ARRM
                program guarantee for a crop year for a covered
                commodity or peanuts under subparagraph (A) shall not
                decrease or increase more than 10 percent from the
                guarantee for the preceding crop year.
                    ``(D) Double-cropped acreage.--Any crop
                subsequently planted on land determined for purposes of
                the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.)
                to be prevented planted acreage shall not be included
                in calculating the ARRM program guarantee under
                subparagraph (A) or the actual farm revenue under
                subsection (g) unless the farm has a history of double-
                cropping and is located in a region in which double-
                cropping is an acceptable farming practice, as
                determined by the Secretary.
            ``(2) Assigned crd yield.--If the Secretary cannot
        establish the CRD yield for each planted acre for a crop year
        for a covered commodity or peanuts in a CRD in accordance with
        subparagraph (A) or if the yield determined under subparagraph
        (A) is an unrepresentative average yield for the CRD (as
        determined by the Secretary), the Secretary shall assign a CRD
        yield for each planted acre for the crop year for the covered
        commodity or peanuts in the CRD on the basis of--
                    ``(A) previous average yields for a period of 5
                crop years, excluding each of the crop years with the
                highest and lowest yields; or
                    ``(B) CRD yields for planted acres for the crop
                year for the covered commodity or peanuts in similar
                CRDs.
            ``(3) CRDs with irrigated and nonirrigated land.--In the
        case of a CRD in which at least 25 percent of the acreage
        planted to a covered commodity or peanuts in the CRD is
        irrigated and at least 25 percent of the acreage planted to the
        covered commodity or peanuts in the CRD is not irrigated, the
        Secretary shall calculate a separate ARRM program guarantee for
        the irrigated and nonirrigated areas of the CRD for the covered
        commodity or peanuts.
    ``(e) Actual CRD Revenue.--
            ``(1) In general.--For purposes of subsection (c)(2)(A),
        the amount of the actual CRD revenue for a crop year of a
        covered commodity or peanuts shall equal the product obtained
        by multiplying--
                    ``(A) the actual CRD yield for each planted acre
                for the crop year for the covered commodity or peanuts
                determined under paragraph (2); and
                    ``(B) the national average harvest price or
                alternative price received by producers for the crop
                year for the covered commodity or peanuts as determined
                by the Risk Management Agency.
            ``(2) Actual crd yield.--For purposes of paragraph (1)(A),
        the actual CRD yield for each planted acre for a crop year for
        a covered commodity or peanuts in a CRD shall equal (as
        determined by the Secretary)--
                    ``(A) the quantity of the covered commodity or
                peanuts that is produced in the CRD during the crop
                year; divided by
                    ``(B) the number of acres that are planted to the
                covered commodity or peanuts in the CRD during the crop
                year.
    ``(f) Farm ARRM Revenue Guarantee.--
            ``(1) In general.--For purposes of subsection (c)(2)(B),
        the farm ARRM revenue guarantee for the crop year for a covered
        commodity or peanuts shall equal 90 percent of the average farm
        revenue as determined under paragraph (2).
            ``(2) Average farm revenue.--The average farm revenue shall
        be equal to the sum obtained by adding--
                    ``(A) the average during the marketing years for
                the immediately preceding 5 crops of a covered
                commodity and peanuts, excluding the year in which the
                farm revenue was the highest and the year in which the
                farm revenue was the lowest in the period, of the
                product obtained by multiplying--
                            ``(i) the actual production history, as
                        determined using production records and data of
                        the Risk Management Agency; and
                            ``(ii) the harvest price or alternative
                        price for the covered commodity or peanuts in a
                        CRD; and
                    ``(B) the amount of the per acre crop insurance
                premium required to be paid by the producers on the
                farm for the applicable crop year for the covered
                commodity or peanuts on the farm.
    ``(g) Actual Farm Revenue.--For purposes of subsection (c)(2)(B)
and except as provided in subsection (d)(1)(C), the amount of the
actual farm revenue for a crop year for a covered commodity or peanuts
shall equal the amount determined by multiplying--
            ``(1) the actual yield for the covered commodity or peanuts
        of the producers on the farm; and
            ``(2) the national average harvest price or alternative
        price for the crop year for the covered commodity or peanuts.
    ``(h) Payment Amount.--If ARRM payments are required to be paid for
any of the 2013 through 2017 crop years of a covered commodity or
peanuts under this section, the amount of the ARRM payment to be paid
to the producers on the farm for the crop year under this section shall
be equal to the product obtained by multiplying--
            ``(1) the lesser of--
                    ``(A) the difference between--
                            ``(i) the ARRM program guarantee for the
                        crop year for the covered commodity or peanuts
                        in the CRD determined under subsection (d); and
                            ``(ii) the actual CRD revenue from the crop
                        year for the covered commodity or peanuts in
                        the CRD determined under subsection (e); and
                    ``(B) 15 percent of the ARRM program guarantee for
                the crop year for the covered commodity or peanuts in
                the CRD determined under subsection (d);
            ``(2) 85 percent of the acreage planted to the covered
        commodity or peanuts for harvest on the farm in the crop year;
        and
            ``(3) the quotient obtained by dividing--
                    ``(A) the actual production history for the covered
                commodity or peanuts of the producers on the farm, as
                determined using production records and data of the
                Risk Management Agency; and
                    ``(B) the assigned CRD yield for each planted acre
                for the crop year for the covered commodity or peanuts
                in a CRD, as determined under subsection (d)(2).
    ``(i) Crop Reporting District Assessment.--The Secretary shall
review CRDs in western States that have 7 or fewer CRDs to assess
whether additional CRDs in the States are necessary.''.

SEC. 3. CONFORMING AMENDMENTS.

    (a) Repeal of Direct and Counter-Cyclical Payments for Covered
Commodities and Peanuts.--
            (1) In general.--Sections 1103, 1104, 1303, and 1304 of the
        Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8713,
        8714, 8753, 8754) are repealed.
            (2) Application.--The amendments made by paragraph (1)
        apply beginning with the 2013 crop year.
    (b) Period of Effectiveness.--Section 1109 of the Food,
Conservation, and Energy Act of 2008 (7 U.S.C. 8719) is amended by
striking ``2012'' and inserting ``2017''.
    (c) Suspension of Permanent Price Support Authority.--Section 1602
of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8782) is
amended--
            (1) by striking ``through 2012'' each place it appears and
        inserting ``through 2017''; and
            (2) by striking ``December 31, 2012'' each place it appears
        and inserting ``December 31, 2017''.
    (d) Technical Amendments.--
            (1) Section 1001 of the Food, Conservation, and Energy Act
        of 2008 (7 U.S.C. 8702) is amended by striking paragraph (1)
        and inserting the following:
            ``(1) Aggregate risk and revenue management payment.--The
        term `aggregate risk and revenue management payment' means a
        payment made to producers on a farm under section 1105.''
            (2) Section 1101(d)(1) of the Food, Conservation, and
        Energy Act of 2008 (7 U.S.C. 8711(d)(1)) is amended by striking
        ``average crop revenue election'' and inserting ``aggregate
        risk and revenue management''.
            (3) Section 1106 of the Food, Conservation, and Energy Act
        of 2008 (7 U.S.C. 8716) is amended by striking ``average crop
        revenue election'' each place it appears in subsections (a)(1),
        (b), and (e) and inserting ``aggregate risk and revenue
        management''.
            (4) Section 1302(d)(1) of the Food, Conservation, and
        Energy Act of 2008 (7 U.S.C. 8752(d)(1)) is amended by striking
        ``average crop revenue election'' and inserting ``aggregate
        risk and revenue management''.
            (5) Section 1305 of the Food, Conservation, and Energy Act
        of 2008 (7 U.S.C. 8755) is amended by striking ``average crop
        revenue election'' each place it appears in subsections (a)(1),
        (b), and (e) and inserting ``aggregate risk and revenue
        management''.
            (6) Section 1001 of the Food Security Act of 1985 (7 U.S.C.
        1308) is amended--
                    (A) by striking ``ACRE'' each place it appears in
                the headings of subsections (b) and (c) and inserting
                ``ARRM'';
                    (B) by striking ``ACRE'' each place it appears in
                the headings of paragraph (3) of subsections (b) and
                (c) and inserting ``ARRM''; and
                    (C) by striking ``average crop revenue election''
                each place it appears in subsections (b) and (c) and
                inserting ``aggregate risk and revenue management''.
            (7) Section 1001D of the Food Security Act of 1985 (7
        U.S.C. 1308-3a) is amended--
                    (A) in subsection (b)(C)(i), by striking ``average
                crop revenue election'' and inserting ``aggregate risk
                and revenue management''; and
                    (B) in subsection (f), by striking ``2012'' and
                inserting ``2017''.

Output:
Aggregate Risk and Revenue Management Act of 2011 or the ARRM Act of 2011 - Amends the Food, Conservation, and Energy Act of 2008 to direct the Secretary of Agriculture (USDA), regarding all covered commodities and peanuts during each of the 2013-2017 crop years, to give the operator, tenant, or sharecropper on a farm an opportunity to make an annual election for all producers on the farm to receive aggregate risk and revenue management payments for the crop year for which the election is made. (Replaces the average crop revenue election program with the ARRM program.)

Repeals the direct and counter-cyclical payment programs for covered commodities and peanuts beginning with the 2013 crop year.

Suspends permanent price support authority through December 31, 2017.


Input:
SECTION 1. CRIMINAL AND CIVIL FORFEITURE FOR MAIL AND WIRE FRAUD.

    (a) In General.--Chapter 63 of title 18, United States Code, is
amended by adding at the end the following new sections:
``Sec. 1347. Criminal forfeiture for violation of section 1341 or 1343
    ``(a) In General.--A person convicted of a violation of sections
1341 or 1343 of this title shall, notwithstanding any provision of
State law, forfeit to the United States any property constituting or
derived from any proceeds which the person obtained directly or
indirectly from a scheme in violation of either section.
    ``(b) Procedures of Controlled Substances Act Applicable.--With
respect to a forfeiture under this section for a violation of this
chapter, the provisions of subsections (b), (c), (e), (f), (g), (i),
(k), (l), (m), (n), and (o) of section 413 of the Controlled Substances
Act apply as they would to a forfeiture under that section for a
violation of the Controlled Substances Act.
    ``(c) Disposition of Property.--After a seizure of property ordered
forfeited under this section, the Attorney General shall dispose of the
property under section 1349 of this title. The Postal Service shall
turn any such seized property over to the Attorney General for disposal
under such section.
    ``(d) Substitute Assets.--If any of the property subject to
forfeiture under this section, as a result of conduct of the
defendant--
            ``(1) cannot be located upon the exercise of due diligence;
            ``(2) has been transferred or sold to, or deposited with, a
        third party;
            ``(3) has been placed beyond the jurisdiction of the court;
            ``(4) has been substantially diminished in value; or
            ``(5) has been commingled with other property which cannot
        be divided without difficulty;
the court shall order the forfeiture of any other property of the
defendant up to the value of any property described in paragraphs (1)
through (5) of this subsection.
``Sec. 1348. Civil forfeiture for violation of section 1341 or 1343
    ``(a) Property Subject to Civil Forfeiture.--Any property, as
defined by subsection (b) of section 413 of the Controlled Substances
Act, constituting or derived from any proceeds of a scheme in violation
of sections 1341 or 1343 of this title shall be subject to forfeiture
to the United States.
    ``(b) Seizure.--(1) Except as provided in paragraph (4), any
property subject to forfeiture to the United States under this section
may be seized by the Attorney General or the Postal Service upon
process issued pursuant to the Supplemental Rules for Certain Admiralty
and Maritime Claims by a district court of the United States having
jurisdiction over the property.
    ``(2) The Attorney General or the Postal Service may seize such
property without such process when--
            ``(A) the seizure is incident to a lawful arrest or search;
        or
            ``(B) such property has been the subject of a prior
        judgment in favor of the United States in a criminal injunction
        or forfeiture proceeding under section 1347 of this title.
    ``(3) The Government may seek the issuance of a warrant authorizing
the seizure of property subject to forfeiture under this section in the
same manner as provided for a search warrant under the Federal Rules of
Criminal Procedure.
    ``(4) No property shall be forfeited under this section to the
extent of the interest of an owner or lienholder by reason of any act
or omission established by that owner or lienholder to have been
committed without the knowledge of that owner or lienholder.
    ``(c) Procedural Matters.--(1) With respect to a forfeiture of
property under this section, the provisions of subsections (c), (d),
(h), and (j) of section 511 of the Controlled Substances Act apply as
they would to a forfeiture of property under that section, and the
Postal Service may also perform any of the functions the Attorney
General may perform under such subsections.
    ``(2) The filing of an indictment or information alleging a
violation of section 1341 or 1343 of this title which is also related
to a civil forfeiture proceeding under either section shall, upon
motion of the United States and for good cause shown, stay the civil
forfeiture proceeding.
    ``(d) Disposition of Property.--After a seizure of property ordered
forfeited under this section, the Attorney General or the Postal
Service shall dispose of the property under section 1349 of this title.
``Sec. 1349. Disposition of forfeited property
    ``(a) In General.--After making due provision for the rights of any
innocent persons, the Attorney General, after deducting the costs
incurred by the United States in conducting the seizure, forfeiture,
and identification of victims, shall deposit the property forfeited or
the proceeds from the sale of property forfeited under sections 1347 or
1348 of this title in the Department of Justice Assets Forfeiture Fund
established by section 524(c) of title 28. The Postal Service may
exercise the authority of the Attorney General in conducting
administrative forfeitures and shall deposit the property forfeited or
the proceeds of the property forfeited in the Postal Service Fund under
section 2003(b)(7) of title 39. Any property right or interest not
exercisable by, or transferable for value to, the United States shall
expire and shall not revert to the defendant. Neither the defendant nor
any person acting in concert with the defendant or on the defendant's
behalf is eligible to purchase forfeited property sold by the United
States.
    ``(b) Restraint Pending Appeal.--Upon application of a person other
than the defendant or a person acting in concert with the defendant or
on the defendant's behalf, the court may restrain or stay the sale or
disposition of the property pending the conclusion of any appeal in the
case giving rise to the forfeiture, if the applicant demonstrates that
proceeding with the sale or disposition will result in irreparable harm
to the applicant.
    ``(c) Rules for Disposition.--The Attorney General and the Postal
Service shall make rules providing for the disposition of such property
and proceeds. The rules shall provide that the Attorney General or the
Postal Service may--
            ``(1) retain the property for official use;
            ``(2) transfer the property to Federal, State, or local law
        enforcement agencies so as to reflect generally the
        contribution of such agencies to the seizure or forfeiture of
        such property;
            ``(3) sell any forfeited property which is not required to
        be destroyed by law and which is not harmful to the public;
            ``(4) require that the General Services Administration take
        custody of the property and dispose of it in accordance with
        law;
            ``(5) restore forfeited property to victims of an offense
        described in subsection (a);
            ``(6) destroy the property if it is harmful to the public
        or the expense of sale would exceed the amount realized from
        the sale; or
            ``(7) dispose of such funds or property as otherwise
        provided by law.''.
    (b) Clerical Amendment.--The table of sections for chapter 63 of
title 18, United States Code, is amended by adding at the end the
following new items:

``1347. Criminal forfeiture for violation of section 1341 or 1343.
``1348. Civil forfeiture for violation of section 1341 or 1343.
``1349. Disposition of forfeited property.''.

SEC. 2. POSTAL SERVICE FUND AMENDMENT.

    Section 2003(b)(7) of title 39, United States Code, is amended to
read as follows:
            ``(7) amounts (including proceeds from the sale of
        forfeited items) from any forfeiture conducted by the Postal
        Service and from any forfeiture resulting from an investigation
        conducted by the Postal Service, except that nothing in this
        paragraph shall preclude the Postal Service from sharing such
        amounts with any Federal or State agency whose efforts in
        investigating or litigating the forfeiture contributed to the
        receipt of such funds.''.

Output:
Amends the Federal criminal code to provide for criminal and civil forfeiture for mail and wire fraud.  Makes specified procedures relating to forfeitures under the Controlled Substances Act applicable to forfeitures under this Act.
Requires the court to order the forfeiture of any other property of the defendant up to the value of the property subject to forfeiture under this Act if, as a result of conduct of the defendant, the forfeited property cannot be located upon the exercise of due diligence or has been transferred or sold to, or deposited with, a third party, placed beyond the court's jurisdiction, substantially diminished in value, or commingled with other property which cannot be divided without difficulty.
Directs that any such forfeited property be seized by the Attorney General or U.S. Postal Service upon process issued pursuant to the Supplemental Rules for Certain Admiralty and Maritime Claims by a U.S. district court having jurisdiction over the property, with exceptions for innocent owners or lienholders.  Authorizes the Attorney General or Postal Service to seize such property without such process under specified circumstances.
Directs the:  (1) Attorney General, after providing for the rights of any innocent persons and deducting costs incurred by the United States in conducting the seizure, forfeiture, and identification of victims, to deposit the property forfeited or the proceeds from its sale in the Department of Justice Assets Forfeiture Fund; and (2) the Postal Service to deposit property forfeited or the proceeds into the Postal Service Fund.
Sets forth provisions regarding:  (1) restraint or staying of the sale or disposition of property pending appeal; and (2) rules for the disposition of such property and proceeds.
Requires the deposit into the Postal Service Fund of amounts from any forfeiture conducted by the Postal Service and from any forfeiture resulting from an investigation conducted by the Postal Service. Allows the Postal Service to share such amounts with any Federal or State agency whose efforts in investigating or litigating the forfeiture contributed to the receipt of such funds.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``School Anti-Violence Empowerment
Act''.

                    TITLE I--SCHOOL SAFETY PROGRAMS

SEC. 101. PROGRAM AUTHORIZED.

    The Secretary of Education is authorized to provide grants to local
educational agencies to establish or enhance crisis intervention
programs, including the hiring of school counselors and to enhance
school safety programs for students, staff, and school facilities.

SEC. 102. GRANT AWARDS.

    (a) Local Awards.--The Secretary shall award grants to local
educational agencies on a competitive basis.
    (b) Grant Programs.--From the amounts appropriated under section
106, the Secretary shall reserve--
            (1) 50 percent of such amount to award grants to local
        educational agencies to hire school counselors; and
            (2) 50 percent of such amount to award grants to local
        educational agencies to enhance school safety programs for
        students, staff, and school facilities.
    (c) Priority.--Such awards shall be based on one or more of the
following factors:
            (1) Quality of existing or proposed violence prevention
        program.
            (2) Greatest need for crisis intervention counseling
        services.
            (3) Documented financial need based on number of students
        served under part A of title I of the Elementary and Secondary
        Education Act of 1965.
    (d) Equitable Distribution.--In awarding grants under this title,
the Secretary shall ensure, to the extent practicable, an equitable
geographic distribution among the regions of the United States and
among urban, suburban, and rural areas.
    (e) Administrative Costs.--The Secretary may reserve not more than
1 percent from amounts appropriated under section 106 for
administrative costs.
    (f) Eligibility.--A local educational agency that meets the
requirements of this title shall be eligible to receive a grant to hire
school counselors and a grant to enhance school safety programs for
students, staff, and school facilities.

SEC. 103. APPLICATIONS.

    (a) In General.--Each local educational agency desiring a grant
under this title shall submit an application to the Secretary at such
time, in such manner, and accompanied by such information as the
Secretary may require.
    (b) Contents.--Such application shall include a plan that contains
the following:
            (1) In the case of a local educational agency applying for
        a grant to enhance school safety programs--
                    (A) a description of any existing violence
                prevention, safety, and crisis intervention programs;
                    (B) proposed changes to any such programs and a
                description of any new programs; and
                    (C) documentation regarding financial need.
            (2) In the case of a local educational agency applying for
        a grant to hire school counselors--
                    (A) a description of the need for a crisis
                intervention counseling program; and
                    (B) documentation regarding financial need.

SEC. 104. REPORTING.

    Each local educational agency that receives a grant under this
title shall provide an annual report to the Secretary. In the case of a
local educational agency that receives a grant to enhance school safety
programs, such report shall describe how such agency used funds
provided under this title and include a description of new school
safety measures and changes implemented to existing violence
prevention, safety, and crisis intervention programs. In the case of a
local educational agency that receives a grant to hire school
counselors, such report shall describe how such agency used funds
provided under this title and include the number of school counselors
hired with such funds.

SEC. 105. DEFINITIONS.

    For purposes of this title:
            (1) The terms ``elementary school'', ``local educational
        agency'', and ``secondary school'' have the same meanings given
        the terms in section 14101 of the Elementary and Secondary
        Education Act of 1965 (20 U.S.C. 8801).
            (2) The term ``school counselor'' means an individual who
        has documented competence in counseling children and
        adolescents in a school setting and who--
                    (A) possesses State licensure or certification
                granted by an independent professional regulatory
                authority;
                    (B) in the absence of such State licensure or
                certification, possesses national certification in
                school counseling or a specialty of counseling granted
                by an independent professional organization; or
                    (C) holds a minimum of a master's degree in school
                counseling from a program accredited by the Council for
                Accreditation of Counseling and Related Educational
                Programs or the equivalent.
            (3) The term ``Secretary'' means the Secretary of
        Education.
            (4) the term ``school safety'' means the safety of
        students, faculty, and school facilities from acts of violence.

SEC. 106. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this title
$700,000,000 for each of fiscal years 2000 through 2004.

                    TITLE II--INCREASED COPS FUNDING

SEC. 201. INCREASED FUNDING FOR THE COPS PROGRAM.

    Section 1001(a)(11) of part J of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3793(a)(11)) is amended
by adding at the end the following:
    ``(C) In addition to amounts made available under subparagraph (A),
there are authorized to be appropriated to carry out part Q, to remain
available until expended, the total amount of $1,500,000,000 for fiscal
years 2000 through 2004, of which 50 percent shall be used for
cooperative partnerships between schools and State and local police
departments to provide for the use of police officers in schools.''.

SEC. 202. GRANT AUTHORITY.

    Section 1701 of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796dd) is amended--
            (1) in subsection (i), by striking the second sentence; and
            (2) by striking subsection (k).

                    TITLE III--21ST CENTURY LEARNING

SEC. 301. AFTER-SCHOOL AND LIFE SKILLS PROGRAMS FOR AT-RISK YOUTH.

    Section 10907 of part I of title X of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 8247) is amended by striking
``appropriated'' and all that follows before the period and inserting
the following: ``appropriated to carry out this part--
            ``(1) such sums as may be necessary for fiscal year 1999;
        and
            ``(2) $250,000,000 for each of fiscal years 2000 through
        2004''.

               TITLE IV--MODEL PROGRAM AND CLEARINGHOUSE

SEC. 401. MODEL PROGRAM.

    Not later than 120 days after the date of the enactment of this
Act, the Secretary of Education, in consultation with the Attorney
General, shall develop a model violence prevention program to be made
available to local educational agencies.

SEC. 402. CLEARINGHOUSE.

    The Secretary of Education shall establish and maintain a national
clearinghouse to provide technical assistance regarding the
establishment and operation of alternative violence prevention
programs. The national clearinghouse shall make information regarding
alternative violence prevention programs available to local educational
agencies.

Output:
Requires awards to be based on one or more of the following factors: (1) quality of existing or proposed violence prevention program; (2) greatest need for crisis intervention counseling services; and (3) documented financial need based on number of students served under part A of title I of the Elementary and Secondary Education Act of 1965 (ESEA).
Authorizes appropriations.
Title II: Increased COPS Funding
 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to extend through FY 2004 the authorization of appropriations for certain grant programs for Community Policing and "Cops on the Beat" (COPS program). Requires 50 percent of such funds to be used for cooperative partnerships between schools and State and local police departments to provide for the use of police officers in schools. Eliminates provisions for decreasing Federal matching funds and for terminating grant program authority (thus making the authority permanent).
Title III: 21st Century Learning
 - Amends ESEA to extend through FY 2004 the authorization of appropriations for after-school and life skills programs for at-risk youth.
Title IV: Model Program and Clearinghouse
 - Directs the Secretary to: (1) develop a model violence prevention program to be made available to LEAs; and (2) establish and maintain a national clearinghouse to provide LEAs with information on alternative violence prevention programs, and technical assistance to establish and to operate such programs.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Social Security Protection and Tax
Relief Act of 2001''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Working people are subject to social security taxes as
        well as income taxes, and for over 90 percent of the population
        the combined tax on earned income is higher than the income tax
        rates of 15 percent and 28 percent that apply to unearned
        income.
            (2) There is no logical reason why social security taxes
        should be imposed only on earnings and not on unearned income
        (such as dividends, interest, rent income, and capital gains).

SEC. 3. SOCIAL SECURITY TAX ON CERTAIN UNEARNED INCOME.

    (a) In General.--Subchapter A of chapter 1 of the Internal Revenue
Code of 1986 (relating to determination of tax liability) is amended by
adding at the end the following new part:

      ``PART VIII--SOCIAL SECURITY TAX ON CERTAIN UNEARNED INCOME

                              ``Sec. 59B. Social security tax on
                                        certain unearned income.

``SEC. 59B. SOCIAL SECURITY TAX ON CERTAIN UNEARNED INCOME.

    ``(a) Imposition of Tax.--In the case of an individual, there is
hereby imposed (in addition to any other tax imposed by this subtitle)
for each taxable year a tax equal to 12 percent of such individual's
social security taxable income for such taxable year.
    ``(b) Definitions.--For purposes of this section--
            ``(1) Social security taxable income.--The term `social
        security taxable income' means adjusted gross income reduced by
        the greater of--
                    ``(A) the sum of--
                            ``(i) the standard deduction applicable to
                        the taxpayer (or which would be applicable if
                        the taxpayer did not elect to itemize
                        deductions for the taxable year), and
                            ``(ii) the deduction for personal
                        exemptions under section 151 (determined
                        without regard to subsection (d)(3) thereof),
                        or
                    ``(B) the aggregate exempt income of the taxpayer
                for the taxable year.
            ``(2) Exempt income.--The term `exempt income' means the
        following amounts to the extent included in gross income:
                    ``(A) Amounts received as a pension or annuity from
                a qualified plan (as defined in section 4980(c)(1)).
                    ``(B) Amounts received as a social security benefit
                (as defined in section 86(d)).
                    ``(C) Amounts received as earned income (within the
                meaning of section 911(d)).
    ``(c) Credits Not Allowed, Etc.--The tax imposed by this section
shall not be treated as a tax imposed by this chapter for purposes of
determining--
            ``(1) the amount of any credit allowable under this
        chapter, or
            ``(2) the amount of the minimum tax imposed by section
        55.''.
    (b) Clerical Amendment.--The table of parts for subchapter A of
chapter 1 of such Code is amended by adding at the end the following
new item:

                              ``Part VIII. Social security tax on
                                        certain unearned income.''.
    (c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2001.
    (d) Transfers to Trust Funds.--
            (1) In general.--There are hereby appropriated to the payor
        funds amounts equivalent to the tax imposed by section 59B of
        such Code (as added by this section). The Secretary of the
        Treasury shall make appropriate allocations of revenue received
        in the general fund of the Treasury to each payor fund.
            (2) Transfers.--The amounts appropriated by paragraph (1)
        to any payor fund shall be transferred from time to time (but
        not less frequently than quarterly) from the general fund of
        the Treasury on the basis of estimates made by the Secretary of
        the Treasury of the amounts referred to in such paragraph. Any
        such quarterly payment shall be made on the first day of such
        quarter and shall take into account revenue estimated to be
        received during such quarter. Proper adjustments shall be made
        in amounts subsequently transferred to the extent prior
        estimates were in excess of or less than the amounts required
        to be transferred.
            (3) Definitions.--For purposes of this subsection--
                    (A) Payor fund.--The term ``payor fund'' means any
                trust fund or account from which payments of social
                security benefits are made.
                    (B) Social security benefits.--The term ``social
                security benefits'' has the meaning given such term by
                section 86(d) of the Internal Revenue Code of 1986.

SEC. 4. CHANGE IN RATES OF SOCIAL SECURITY TAXES.

    (a) Decrease in Rate of OASDI Tax on Employees.--The table in
section 3101(a) of the Internal Revenue Code of 1986 is amended by
striking the last item and inserting the following:

    ``1990 or any year before 2002................      6.2 percent
    ``2002 or thereafter..........................  4.95 percent.''

    (b) Decrease in Rate of OASDI Tax on Employers.--The table in
section 3111(a) of such Code is amended by striking the last item and
inserting the following:

    ``1990 or any year before 2002................      6.2 percent
    ``2002 or thereafter..........................  4.95 percent.''

    (c) Decrease in Rate of OASDI Tax on Self-Employment Income.--The
table in section 1401(a) of such Code is amended by striking the last
item and inserting the following:

``December 31, 1989.................  January 1, 2002........       12.4
``December 31, 2001.................  .......................     9.9.''

Output: Social Security Protection and Tax Relief Act of 2001 - Amends the Internal Revenue Code to impose a 12 percent tax on an individual's "social security taxable income." Defines such income as adjusted gross income reduced by the greater of: (1) the sum of the standard deduction applicable to the taxpayer (or which would be applicable if the taxpayer did not elect to itemize deductions for the taxable year) and the deduction for personal exemptions (determined without regard to the phase out); or (2) the aggregate exempt income of the taxpayer for the taxable year. Defines such exempt income as amounts received as a pension or annuity, social security benefits, and earned income. Decreases the old age, survivors, and disability income (social security taxes) tax rates.


Input:
SECTION 1. DISTRIBUTIONS FROM INDIVIDUAL RETIREMENT PLANS MAY BE USED
              WITHOUT PENALTY TO PURCHASE FIRST HOMES OR TO PAY HIGHER
              EDUCATION EXPENSES.

    (a) In General.--Paragraph (2) of section 72(t) of the Internal
Revenue Code of 1986 (relating to exceptions to 10-percent additional
tax on early distributions from qualified retirement plans) is amended
by adding at the end thereof the following new subparagraph:
                    ``(D) Distributions from individual retirement
                plans for first home purchases or educational
                expenses.--Distributions to an individual from an
                individual retirement plan--
                            ``(i) which are qualified first-time
                        homebuyer distributions (as defined in
                        paragraph (6)); or
                            ``(ii) to the extent such distributions do
                        not exceed the qualified higher education
                        expenses (as defined in paragraph (7)) of the
                        taxpayer for the taxable year.''
    (b) Definitions.--Section 72(t) of such Code is amended by adding
at the end thereof the following new paragraphs:
            ``(6) Qualified first-time homebuyer distributions.--For
        purposes of paragraph (2)(D)(i)--
                    ``(A) In general.--The term `qualified first-time
                homebuyer distribution' means any payment or
                distribution received by an individual to the extent
                such payment or distribution is used by the individual
                before the close of the 60th day after the day on which
                such payment or distribution is received to pay
                qualified acquisition costs with respect to a principal
                residence of a first-time homebuyer who is such
                individual or the spouse, child, or grandchild of such
                individual.
                    ``(B) Qualified acquisition costs.--For purposes of
                this paragraph, the term `qualified acquisition costs'
                means the costs of acquiring, constructing, or
                reconstructing a residence. Such term includes any
                usual or reasonable settlement, financing, or other
                closing costs.
                    ``(C) First-time homebuyer; other definitions.--For
                purposes of this paragraph--
                            ``(i) First-time homebuyer.--The term
                        `first-time homebuyer' means any individual
                        if--
                                    ``(I) such individual (and if
                                married, such individual's spouse) had
                                no present ownership interest in a
                                principal residence during the 3-year
                                period ending on the date of
                                acquisition of the principal residence
                                to which this paragraph applies, and
                                    ``(II) subsection (a)(6), (h), or
                                (k) of section 1034 did not suspend the
                                running of any period of time specified
                                in section 1034 with respect to such
                                individual on the day before the date
                                the distribution is applied pursuant to
                                subparagraph (A)(ii).
                            ``(ii) Principal residence.--The term
                        `principal residence' has the same meaning as
                        when used in section 1034.
                            ``(iii) Date of acquisition.--The term
                        `date of acquisition' means the date--
                                    ``(I) on which a binding contract
                                to acquire the principal residence to
                                which subparagraph (A) applies is
                                entered into, or
                                    ``(II) on which construction or
                                reconstruction of such a principal
                                residence is commenced.
                    ``(D) Special rule where delay in acquisition.--If
                any distribution from any individual retirement plan
                fails to meet the requirements of subparagraph (A)
                solely by reason of a delay or cancellation of the
                purchase or construction of the residence, the amount
                of the distribution may be contributed to an individual
                retirement plan as provided in section 408(d)(3)(A)(i)
                (determined by substituting `120 days' for `60 days' in
                such section), except that--
                            ``(i) section 408(d)(3)(B) shall not be
                        applied to such contribution, and
                            ``(ii) such amount shall not be taken into
                        account in determining whether section
                        408(d)(3)(A)(i) applies to any other amount.
            ``(7) Qualified higher education expenses.--For purposes of
        paragraph (2)(D)(ii)--
                    ``(A) In general.--The term `qualified higher
                education expenses' means tuition, fees, books,
                supplies, and equipment required for the enrollment or
                attendance of--
                            ``(i) the taxpayer,
                            ``(ii) the taxpayer's spouse, or
                            ``(iii) the taxpayer's child (as defined in
                        section 151(c)(3)) or grandchild,
                at an eligible educational institution (as defined in
                section 135(c)(3)).
                    ``(B) Coordination with savings bond provisions.--
                The amount of qualified higher education expenses for
                any taxable year shall be reduced by any amount
                excludable from gross income under section 135.''
    (c) Effective Date.--The amendments made by this section shall
apply to distributions received after the date of the enactment of this
Act.

Output: Amends the Internal Revenue Code to allow penalty-free distributions from eligible individual retirement plans for qualified first-time home purchases or qualified higher education expenses.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``World War II Memorial Completion
Act''.

SEC. 2. FUND RAISING BY AMERICAN BATTLE MONUMENTS COMMISSION FOR WORLD
              WAR II MEMORIAL.

    (a) Codification of Existing Authority; Expansion of Authority.--
(1) Chapter 21 of title 36, United States Code, is amended by adding at
the end the following new section:
``Sec. 2113. World War II memorial in the District of Columbia
    ``(a) Definitions.--In this section:
            ``(1) The term `World War II memorial' means the memorial
        authorized by Public Law 103-32 (107 Stat. 90) to be
        established by the American Battle Monuments Commission on
        Federal land in the District of Columbia or its environs to
        honor members of the Armed Forces who served in World War II
        and to commemorate the participation of the United States in
        that war.
            ``(2) The term `Commission' means the American Battle
        Monuments Commission.
            ``(3) The term `memorial fund' means the fund created by
        subsection (c).
    ``(b) Solicitation and Acceptance of Contributions.--Consistent
with the authority of the Commission under section 2103(e) of this
title, the Commission shall solicit and accept contributions for the
World War II memorial.
    ``(c) Creation of Memorial Fund.--(1) There is hereby created in
the Treasury a fund for the World War II memorial, which shall consist
of the following:
            ``(A) Amounts deposited, and interest and proceeds
        credited, under paragraph (2).
            ``(B) Obligations obtained under paragraph (3).
            ``(C) The amount of surcharges paid to the Commission for
        the World War II memorial under the World War II 50th
        Anniversary Commemorative Coins Act.
            ``(D) Amounts borrowed using the authority provided under
        subsection (e).
            ``(E) Any funds received by the Commission under section
        2103(l) of this title in exchange for use of, or the right to
        use, any mark, copyright or patent.
    ``(2) The Chairman of the Commission shall deposit in the memorial
fund the amounts accepted as contributions under subsection (b). The
Secretary of the Treasury shall credit to the memorial fund the
interest on, and the proceeds from sale or redemption of, obligations
held in the memorial fund.
    ``(3) The Secretary of the Treasury shall invest any portion of the
memorial fund that, as determined by the Chairman of the Commission, is
not required to meet current expenses. Each investment shall be made in
an interest bearing obligation of the United States or an obligation
guaranteed as to principal and interest by the United States that, as
determined by the Chairman of the Commission, has a maturity suitable
for the memorial fund.
    ``(d) Use of Memorial Fund.--The memorial fund shall be available
to the Commission for--
            ``(1) the expenses of establishing the World War II
        memorial, including the maintenance and preservation amount
        provided for in section 8(b) of the Commemorative Works Act (40
        U.S.C. 1008(b));
            ``(2) such other expenses, other than routine maintenance,
        with respect to the World War II memorial as the Commission
        considers warranted; and
            ``(3) to secure, obtain, register, enforce, protect, and
        license any mark, copyright or patent that is owned by,
        assigned to, or licensed to the Commission under section
        2103(l) of this title to aid or facilitate the construction of
        the World War II memorial.
    ``(e) Special Borrowing Authority.--(1) To assure that
groundbreaking, construction, and dedication of the World War II
memorial are completed on a timely basis, the Commission may borrow
money from the Treasury of the United States in such amounts as the
Commission considers necessary, but not to exceed a total
of $65,000,000. Borrowed amounts shall bear interest at a rate
determined by the Secretary of the Treasury, taking into consideration
the average market yield on outstanding marketable obligations of the
United States of comparable maturities during the month preceding the
month in which the obligations of the Commission are issued. The
interest payments on such obligations may be deferred with the approval
of the Secretary of the Treasury, but any interest payment so deferred
shall also bear interest.
    ``(2) The borrowing of money by the Commission under paragraph (1)
shall be subject to such maturities, terms, and conditions as may be
agreed upon by the Commission and the Secretary of the Treasury, except
that the maturities may not exceed 20 years and such borrowings may be
redeemable at the option of the Commission before maturity.
    ``(3) The obligations of the Commission shall be issued in amounts
and at prices approved by the Secretary of the Treasury. The authority
of the Commission to issue obligations under this subsection shall
remain available without fiscal year limitation. The Secretary of the
Treasury shall purchase any obligations of the Commission to be issued
under this subsection, and for such purpose the Secretary of the
Treasury may use as a public debt transaction of the United States the
proceeds from the sale of any securities issued under chapter 31 of
title 31. The purposes for which securities may be issued under such
chapter are extended to include any purchase of the Commission's
obligations under this subsection.
    ``(4) Repayment of the interest and principal on any funds borrowed
by the Commission under paragraph (1) shall be made from amounts in the
memorial fund. The Commission may not use for such purpose any funds
appropriated for any other activities of the Commission.
    ``(f) Treatment of Borrowing Authority.--In determining whether the
Commission has sufficient funds to complete construction of the World
War II memorial, as required by section 8 of the Commemorative Works
Act (40 U.S.C. 1008), the Secretary of the Interior shall consider the
funds that the Commission may borrow from the Treasury under subsection
(e) as funds available to complete construction of the memorial,
whether or not the Commission has actually exercised the authority to
borrow such funds.
    ``(g) Voluntary Services.--(1) Notwithstanding section 1342 of
title 31, the Commission may accept from any person voluntary services
to be provided in furtherance of the fund-raising activities of the
Commission relating to the World War II memorial.
    ``(2) A person providing voluntary services under this subsection
shall be considered to be a Federal employee for purposes of chapter 81
of title 5, relating to compensation for work-related injuries, and
chapter 171 of title 28, relating to tort claims. A volunteer who is
not otherwise employed by the Federal Government shall not be
considered to be a Federal employee for any other purpose by reason of
the provision of such voluntary service, except that any volunteers
given responsibility for the handling of funds or the carrying out of a
Federal function are subject to the conflict of interest laws contained
in chapter 11 of title 18, and the administrative standards of conduct
contained in part 2635 of title 5, Code of Federal Regulations.
    ``(3) The Commission may provide for reimbursement of incidental
expenses which are incurred by a person providing voluntary services
under this subsection. The Commission shall determine which expenses
are eligible for reimbursement under this paragraph.
    ``(4) Nothing in this subsection shall be construed to require
Federal employees to work without compensation or to allow the use of
volunteer services to displace or replace Federal employees.
    ``(h) Treatment of Certain Contracts.--A contract entered into by
the Commission for the design or construction of the World War II
memorial is not funding agreement as that term is defined in section
201 of title 35.
    ``(i) Extension of Authority to Establish Memorial.--
Notwithstanding section 10 of the Commemorative Works Act (40 U.S.C.
1010), the legislative authorization for the construction of the World
War II memorial contained in Public Law 103-32 (107 Stat. 90) shall not
expire until December 31, 2005.''.
    (2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:

``2113. World War II memorial in the District of Columbia.''.
    (b) Conforming Amendments.--Public Law 103-32 (107 Stat. 90) is
amended by striking sections 3, 4, and 5.
    (c) Effect of Repeal of Current Memorial Fund.--Upon the enactment
of this Act, the Secretary of the Treasury shall transfer amounts in
the fund created by section 4(a) of Public Law 103-32 (107 Stat. 91) to
the fund created by section 2113 of title 36, United States Code, as
added by subsection (a).

SEC. 3. GENERAL AUTHORITY OF AMERICAN BATTLE MONUMENTS COMMISSION TO
              SOLICIT AND RECEIVE CONTRIBUTIONS.

    Subsection (e) of section 2103 of title 36, United States Code, is
amended to read as follows:
    ``(e) Solicitation and Receipt of Contributions.--(1) The
Commission may solicit and receive funds and in-kind donations and
gifts from any State, municipal, or private source to carry out the
purposes of this chapter. The Commission shall deposit such funds in a
separate account in the Treasury. Funds from this account shall be
disbursed upon vouchers approved by the Chairman of the Commission as
well as by a Federal official authorized to sign payment vouchers.
    ``(2) The Commission shall establish written guidelines setting
forth the criteria to be used in determining whether the acceptance of
funds and in-kind donations and gifts under paragraph (1) would--
            ``(A) reflect unfavorably on the ability of the Commission,
        or any employee of the Commission, to carry out the
        responsibilities or official duties of the Commission in a fair
        and objective manner; or
            ``(B) compromise the integrity or the appearance of the
        integrity of the programs of the Commission or any official
        involved in those programs.''.

SEC. 4. INTELLECTUAL PROPERTY AND RELATED ITEMS.

    Section 2103 of title 36, United States Code, is amended by adding
at the end the following new subsection:
    ``(l) Intellectual Property and Related Items.--(1) The Commission
may--
            ``(A) adopt, use, register, and license trademarks, service
        marks, and other marks;
            ``(B) obtain, use, register, and license the use of
        copyrights consistent with section 105 of title 17;
            ``(C) obtain, use, and license patents; and
            ``(D) accept gifts of marks, copyrights, patents and
        licenses for use by the Commission.
    ``(2) The Commission may grant exclusive and nonexclusive licenses
in connection with any mark, copyright, patent, or license for the use
of such mark, copyright or patent, except to extent the grant of such
license by the Commission would be contrary to any contract or license
by which the use of such mark, copyright or patent was obtained.
    ``(3) The Commission may enforce any mark, copyright, or patent by
an action in the district courts under any law providing for the
protection of such marks, copyrights, or patents.
    ``(4) The Attorney General shall furnish the Commission with such
legal representation as the Commission may require under paragraph (3).
The Secretary of Defense shall provide representation for the
Commission in administrative proceedings before the Patent and
Trademark Office and Copyright Office.
    ``(5) Section 203 of title 17 shall not apply to any copyright
transferred in any manner to the Commission.''.

Output:
World War II Memorial Completion Act - Directs the American Battle Monuments Commission to solicit and accept contributions for establishing the World War II memorial in the District of Columbia or its environs (authorized under prior law).  Establishes in the Treasury a fund to hold and expend such contributions.  Authorizes the Commission to:  (1) borrow up to $65 million from the Treasury to ensure that memorial groundbreaking, construction, and dedication are completed on a timely basis; and (2) accept voluntary services in furtherance of fund-raising activities (authorizing reimbursement of volunteer incidental expenses).
Extends until December 31, 2005 (currently, May 25, 2000), the authority to construct the memorial.
Revises current Commission authority to receive State, local, and private amounts for establishing the memorial to:  (1) authorize the Commission to solicit (instead of just receive) such contributions; and (2) require the deposit of such amounts in the fund created under this Act. Requires the Commission to establish written guidelines for the acceptance of funds and in-kind contributions.
Authorizes the Commission to adopt, obtain, use, register, and license trademarks, copyrights, and patents in connection with intellectual property and related items.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Campus Sexual Violence Elimination
Act'' or the ``Campus SaVE Act''.

SEC. 2. CAMPUS SEXUAL VIOLENCE, INTIMATE PARTNER VIOLENCE, AND STALKING
              EDUCATION AND PREVENTION.

    Section 485(f) of the Higher Education Act of 1965 (20 U.S.C.
1092(f)) is amended--
            (1) by amending paragraph (8) to read as follows:
    ``(8)(A) Each institution of higher education participating in any
program under this title, other than a foreign institution of higher
education, shall develop and distribute as part of the report described
in paragraph (1) a statement of policy regarding--
            ``(i) such institution's sexual assault and other intimate
        partner violence programs, which shall be aimed at prevention
        of sex offenses and other intimate partner violence, including
        stalking, dating violence, sexual violence, and domestic
        violence offenses;
            ``(ii) the procedures followed once a sex offense or other
        intimate partner violence, including stalking, dating violence,
        sexual violence, or domestic violence offenses has occurred,
        which shall include--
                    ``(I) providing, in writing, to each student or
                employee who reports to the institution that he or she
                has been a victim of a sex offense or other intimate
                partner violence--
                            ``(aa) an explanation of the right of
                        victims of such offenses to notify proper law
                        enforcement authorities, including on-campus
                        and local police, and the option to be assisted
                        by campus authorities in notifying such
                        authorities, if the student or employee so
                        chooses;
                            ``(bb) an explanation of the right of
                        victims of such offenses, when relevant, to
                        obtain an order of protection, no contact
                        order, restraining order, or similar lawful
                        order issued by a criminal or civil court or
                        enforce an order already in existence; and
                            ``(cc) contact information for advocacy,
                        counseling, health, mental health, legal
                        assistance and other services available to
                        victims both on-campus and in the local
                        community; and
                    ``(II) the institution honoring any order of
                protection, no contact order, restraining order, or
                similar lawful order issued by any criminal or civil
                court.
    ``(B) The policy described in subparagraph (A) shall address the
following areas:
            ``(i) Education programs to promote the awareness of sex
        offenses and other intimate partner violence, including
        stalking, dating violence, sexual violence, and domestic
        violence offenses, which shall include--
                    ``(I) primary prevention and awareness programming
                for all incoming students and new employees, including
                information about--
                            ``(aa) the definition of consent in sexual
                        relationships;
                            ``(bb) reporting such sex offenses,
                        including those offenses occurring on and off
                        campus;
                            ``(cc) bystander intervention; and
                            ``(dd) risk reduction; and
                    ``(II) ongoing prevention and awareness campaigns
                to students and faculty, including information
                described in items (aa) through (dd) of subclause (I).
            ``(ii) Possible sanctions to be imposed following the final
        determination of an institutional disciplinary procedure
        regarding sex offenses or other intimate partner violence.
            ``(iii) Procedures victims should follow if a sex offense
        described in clause (ii) occurs, including who should be
        contacted, the importance of preserving evidence as may be
        necessary to the proof of criminal sexual assault, and to whom
        the alleged offense should be reported.
            ``(iv) Procedures for on-campus disciplinary action in
        cases of an alleged sexual offense or other intimate partner
        violence, including stalking, dating violence, sexual violence,
        or domestic violence offenses, which shall include a clear
        statement that--
                    ``(I) any accuser shall have the opportunity to
                request that prompt disciplinary proceedings be
                initiated against the accused;
                    ``(II) such proceedings shall--
                            ``(aa) be conducted by officials trained to
                        understand the issues of sex offenses and other
                        intimate partner violence; and
                            ``(bb) use the preponderance of the
                        evidence standard;
                    ``(III) the accuser and the accused are entitled to
                the same opportunities to have others present during an
                institutional disciplinary proceeding, including the
                opportunity to be accompanied to any related meeting or
                proceeding by an advisor of their choice; and
                    ``(IV) both the accuser and the accused shall be
                informed, in writing, of the final results of any
                institutional disciplinary proceeding brought alleging
                a sex offense or other intimate partner violence within
                one business day of such outcome being reached.
            ``(v) A student or employee who reports to the institution
        that he or she have been the victim of a sex offense or
        intimate partner violence shall receive notification of options
        for, and available assistance in, changing academic, living,
        transportation, and working situations, if such assistance is
        requested by the student or employee and if such accommodations
        are reasonably available.
    ``(C) Nothing in this paragraph shall be construed to confer a
private right of action upon any person to enforce the provisions of
this paragraph.'';
            (2) in paragraph (6), by adding at the end of subparagraph
        (A) the following new clauses:
                            ``(iv) The term `intimate partner
                        violence'--
                                    ``(I) means any physical, sexual,
                                or psychological harm against an
                                individual by a current or former
                                partner or spouse of the individual;
                                    ``(II) includes stalking, dating
                                violence, sexual violence, or domestic
                                violence offense;
                                    ``(III) includes such harm against
                                individuals in heterosexual and same-
                                sex relationships; and
                                    ``(IV) does not require sexual
                                intimacy between the individual and
                                such partner or spouse.
                            ``(v) The term `stalking' means an
                        individual willfully and repeatedly engaging in
                        a knowing course of harassing conduct directed
                        at another individual that reasonably and
                        seriously alarms, torments, or terrorizes such
                        individual.
                            ``(vi) The term `primary prevention' means
                        programming and strategies intended to stop
                        sexual and intimate partner violence before it
                        occurs through the changing of social norms and
                        other approaches.
                            ``(vii) The term `awareness programming'
                        means any program designed to alert students to
                        the prevalence of intimate partner violence,
                        sexual violence, and stalking, including--
                                    ``(I) discussions of the nature and
                                number of cases of intimate partner
                                violence, sexual violence, forcible sex
                                offenses, and stalking reported at an
                                institution of higher education in the
                                3 preceding calendar years;
                                    ``(II) statistics on the outcomes
                                of disciplinary proceedings for such
                                cases at such institution; and
                                    ``(III) risk factors associated
                                with such cases, including physically,
                                sexually, and psychologically
                                controlling behavior.
                            ``(viii) The term `bystander intervention'
                        means safe and positive options that may be
                        carried out by an individual to prevent or
                        intervene when there is a risk of sexual
                        violence against a person other than such
                        individual.
                            ``(ix) The term `risk reduction' means
                        options for recognizing warning signs of
                        abusive personalities and how to fight back
                        against potential attackers.
                            ``(x) The term `final results' means a
                        decision or determination, made by an honor
                        court or council, committee, commission, or
                        other entity authorized to resolve disciplinary
                        matters within the institution. The disclosure
                        of final results shall include only the name of
                        the accused, the violation alleged (including
                        any institutional rules or code sections that
                        were allegedly violated), essential findings
                        supporting such final result, and any sanction
                        imposed by the institution against the accused
                        (including a description of any disciplinary
                        action taken by the institution, the date of
                        the imposition of such action, and the duration
                        of such action).''; and
            (3) by adding at the end of paragraph (16) the following
        new sentence: ``The Secretary shall seek the advice and counsel
        of the Attorney General concerning the development, and
        dissemination to institutions of higher education, of best
        practices information about preventing and responding to
        incidents of sex offenses, forcible and nonforcible, and other
        intimate partner violence including stalking, dating violence,
        sexual violence, and domestic violence offenses.''.

SEC. 3. EFFECTIVE DATE.

    The amendments made by this Act shall take effect with respect to
any annual security report under section 485(f)(1) of the Higher
Education Act of 1965 (20 U.S.C. 1092(f)(1)) prepared by an institution
of higher education in calendar year 2012 and any subsequent calendar
year.

Output:
Campus Sexual Violence Elimination Act or Campus SaVE Act - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to require each institution of higher education (IHE) participating in a title IV program (except foreign schools) to include in its annual security report a statement of policy regarding its sexual assault and other intimate partner violence programs and the procedures it follows when such an offense occurs.

Requires such procedures to include the provision, in writing, to students or employees that report to the IHE that they have been the victim of such an offense: (1) an explanation of their right to notify proper law enforcement authorities and their option to be assisted by campus authorities in doing so; (2) an explanation of their right to obtain protective orders or enforce protective orders that are already in existence, which the IHE must honor; and (3) contact information for victim services on-campus and in the locality.

Requires an IHE's policy regarding sexual assault and other intimate partner violence to include: (1) education that promotes awareness of the offenses; (2) possible sanctions imposed following disciplinary action; (3) procedures victims should follow after such an offense occurs; (4) on-campus disciplinary procedures; and (5) the notification of victims regarding their options for, and assistance in, changing academic, living, transportation, and working situations.

Directs the Secretary of Education to seek the Attorney General's counsel regarding the development, and dissemination to IHEs, of best practices for preventing and responding to sex offenses and other intimate partner violence.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Family Education Reimbursement Act
of 2005''.

SEC. 2. FAMILY EDUCATION REIMBURSEMENT ACCOUNTS.

    (a) Establishment.--The Secretary of Education, in consultation
with the Secretary of Health and Human Services, shall--
            (1) establish a Family Education Reimbursement Account
        Program under which, at the direction of the parent of each
        displaced student who signs up under subsection (d), the
        Secretary provides reimbursement to enable the student or
        preschool-age child to attend the school or preschool program
        of his or her parent's choice during the 2005-2006 school year;
            (2) of the amount available to carry out this section for
        fiscal year 2006, use not more than one third of one percent of
        such amount for administrative expenses, including outreach,
        support services, and dissemination of information; and
            (3) contract with a nongovernmental entity to administer
        and operate the program.
    (b) Reimbursement.--
            (1) In general.--In carrying out this section, the
        Secretary--
                    (A) shall allow the parent of the participating
                displaced student to select the school or preschool
                program to be attended by the student during the 2005-
                2006 school year;
                    (B) at the direction of the parent, shall provide
                reimbursement to that school or preschool program on a
                quarterly basis; and
                    (C) in the case of a public school, may provide
                such reimbursement to the appropriate local fiscal
                agent for the school.
            (2) Amount.--In providing reimbursement under paragraph
        (1), the Secretary shall--
                    (A) determine the amount of reimbursement to a
                school or preschool program based on the number of
                weeks during which the participating displaced student
                attended the school or preschool program during the
                preceding quarter;
                    (B) subject to subparagraph (C), provide the same
                amount of reimbursement to each school and preschool
                program for each week of attendance by one
                participating displaced student;
                    (C) not provide reimbursement that exceeds the
                actual cost of the school for educating students, or
                the actual cost of the preschool program, for the same
                period for students who are not displaced students;
                    (D) not provide reimbursement of more than $6,700
                on behalf of any student for the 2005-2006 school year;
                and
                    (E) discontinue reimbursement once a displaced
                student returns to the school he or she attended prior
                to August 29, 2005.
            (3) Use of funds.--The Secretary may provide reimbursement
        under paragraph (1) on behalf of a displaced student only if
        the school or preschool program involved agrees--
                    (A) to use the reimbursement for providing
                educational and other services to the displaced
                student; and
                    (B) not to use the reimbursement for the
                construction or renovation of facilities.
    (c) Accounting of Funds.--The Secretary shall provide an
appropriate accounting of funds for each school or program that
receives a payment on behalf of one or more participating displaced
students under this section.
    (d) Registration.--
            (1) In general.--To seek to participate in the program
        under this section, the parent of a displaced student shall
        sign up by means of the Internet site, toll-free telephone
        number, or paper form developed under subsection (e).
            (2) Account numbers.--Upon completion of registration for
        the program under this section--
                    (A) the displaced student shall be assigned an
                account number; and
                    (B) the account number shall be made available to
                the parent of the student.
            (3) Families.--If a parent has more than one child who is a
        displaced student--
                    (A) the parent shall be allowed to register each
                child under this subsection at the same time; and
                    (B) the same account number under paragraph (2)
                shall be provided to each child.
    (e) FERA System Development and Establishment.--
            (1) In general.--The Secretary shall develop and implement
        a web-based system--
                    (A) to support the registration in the program
                under this section of displaced students by means of an
                Internet site, toll-free telephone number, or paper
                form; and
                    (B) to facilitate the timely payment of funds from
                the accounts of families participating in the program
                under this section to the school or preschool program
                authorized to be reimbursed for educational and other
                services rendered.
            (2) System requirements.--
                    (A) Internet site; toll-free telephone number;
                paper form.--The Internet site and toll-free telephone
                number developed pursuant to paragraph (1)--
                            (i) shall be integrated with each other;
                            (ii) shall, with respect to the toll-free
                        telephone number, not be fully automated;
                            (iii) shall be operational not later than 2
                        weeks after the date of the enactment of this
                        section;
                            (iv) shall include privacy controls,
                        consistent with section 444 of the General
                        Education Provisions Act (20 U.S.C. 1232g);
                            (v) shall be accessible to participating
                        displaced students and their parents for the
                        purpose of determining--
                                    (I) the amount expended under this
                                section on the student's behalf to
                                date; and
                                    (II) the amount remaining for
                                expenditure under this section on the
                                student's behalf;
                            (vi) shall be accessible to schools and
                        preschool programs for the purpose of
                        facilitating reimbursement under subsection
                        (b);
                            (vii) shall support non-English speaking
                        parents by providing information and
                        registration in an understandable and uniform
                        format and, to the extent practicable, in a
                        language the parents can understand;
                            (viii) may use existing Federal grant
                        management and electronic payment systems;
                            (ix) shall include information technology
                        and other controls necessary to prevent fraud
                        and overpayment, including mechanisms to
                        validate family and school information; and
                            (x) shall provide technical support
                        services (including support for registration
                        and processing of accounts) to the families of
                        participating displaced students and the
                        schools and preschool programs in which the
                        students are enrolled.
                    (B) Payment system.--The Secretary shall ensure
                that--
                            (i) the payment system required to carry
                        out this section is operational not later than
                        4 weeks after the date of the enactment of this
                        section; and
                            (ii) the first disbursements under this
                        section are made not later than 5 weeks after
                        the date of the enactment of this section.
            (3) Contractor requirements.--The Secretary shall award the
        contract required by subsection (a)(3) to a nongovernmental
        entity that--
                    (A) has experience meeting the requirements
                described in paragraph (2)(A);
                    (B) demonstrates expertise in the development and
                operation of information technology infrastructures,
                including the manufacture and supply of hardware and
                software, information management, electronic fund
                transfer payment systems, and customer relations
                management and outreach;
                    (C) demonstrates significant experience in the
                development, implementation, and technical support for
                payment management systems operated by agencies of the
                Federal Government, including the Department of
                Education and the Department of Health and Human
                Services; and
                    (D) is based, and operates help desk services, in
                the United States.
    (f) Transferring Students.--
            (1) In general.--Subject to paragraph (2), the Secretary
        shall continue to provide reimbursement under this section on
        behalf of a participating displaced student who transfers to
        one or more schools or preschool programs during the 2005-2006
        school year.
            (2) Exception.--The Secretary shall not provide
        reimbursement under this section on behalf of a participating
        displaced student with respect to any school or preschool
        program which the student attends for less than 2 consecutive
        weeks during the 2005-2006 school year.
    (g) Additional Amount for Administrative Expenses.--In providing
reimbursement to an entity under this section--
            (1) the Secretary shall include an additional amount equal
        to 1 percent of the total amount of such reimbursement to the
        entity for the purpose of defraying administrative expenses;
            (2) such additional amount shall not be counted for
        purposes of the maximum reimbursement amount specified in
        subsections (b)(2)(C) and (b)(2)(D); and
            (3) of the amount specified in subsections (b)(2)(C) and
        (b)(2)(D), 100 percent of such amount shall be made available
        to the school or preschool program.
    (h) Procurement.--For purposes of the contract required by
subsection (a)(3), the following provisions of Federal acquisition law
shall not apply:
            (1) Title III of the Federal Property and Administrative
        Services Act of 1949 (41 U.S.C. 251 et seq.).
            (2) The Office of Federal Procurement Policy Act (41 U.S.C.
        403 et seq.).
            (3) The Federal Acquisition Streamlining Act of 1994
        (Public Law 103-355).
            (4) The Competition in Contracting Act.
            (5) Subchapter V of chapter 35 of title 31, relating to the
        procurement protest system.
            (6) The Federal Acquisition Regulation and any laws not
        listed in paragraphs (1) through (5) providing authority to
        promulgate regulations in the Federal Acquisition Regulation.
    (i) Audit.--The Secretary may provide reimbursement under this
section to a school or program on behalf of a displaced student only if
the school or program agrees to allow the Secretary to conduct an audit
to review and verify that the school or program is using the
reimbursement in accordance with subsection (b)(3).
    (j) Nondiscrimination.--
            (1) In general.--The Secretary may provide reimbursement
        under this section to a school or preschool program only if the
        school or program agrees not to discriminate against
        participating displaced students (including applicants) on the
        basis of race, color, national origin, religion, or sex.
            (2) Applicability and single sex schools, classes, or
        activities.--
                    (A) In general.--Notwithstanding any other
                provision of law, the prohibition of sex discrimination
                in paragraph (1) shall not apply to a school or
                preschool program that is operated by, supervised by,
                controlled by, or connected to a religious organization
                to the extent that the application of paragraph (1) is
                inconsistent with the religious tenets or beliefs of
                the school or program.
                    (B) Single sex schools, classes, or activities.--
                Notwithstanding paragraph (1) or any other provision of
                law, a parent may choose and a school may offer a
                single sex school, class, or activity.
            (3) Children with disabilities.--Nothing in this section
        may be construed to alter or modify the provisions of the
        Individuals with Disabilities Education Act.
            (4) Religiously affiliated schools.--
                    (A) In general.--Notwithstanding any other
                provision of law, a school or preschool program
                receiving reimbursement under this section that is
                operated by, supervised by, controlled by, or connected
                to, a religious organization may exercise its right in
                matters of employment consistent with title VII of the
                Civil Rights Act of 1964 (42 U.S.C. 2000e-1 et seq.),
                including the exemptions in such title.
                    (B) Maintenance of purpose.--Notwithstanding any
                other provision of law, funds made available under this
                section on behalf of participating displaced students
                that are received by a school or preschool program, as
                a result of their parents' choice, shall not,
                consistent with the first amendment of the United
                States Constitution, necessitate any change in the
                school or program's teaching mission, require any
                school or program to remove religious art, icons,
                scriptures, or other symbols, or preclude any school or
                program from retaining religious terms in its name,
                selecting its board members on a religious basis, or
                including religious references in its mission
                statements and other chartering or governing documents.
            (5) Rule of construction.--Reimbursement (or any other form
        of support provided on behalf of participating displaced
        students) under this section shall be considered assistance to
        the student and shall not be considered assistance to the
        school or preschool program that enrolls the student.
    (k) Reports.--At the end of each quarter described in subsection
(b)(2)(A), the Secretary shall submit a report to the appropriate
committees of the Congress describing the implementation and results of
the program under this section. Such report shall--
            (1) specify the number of children served, the percentage
        of funds used on instructional activities, and the percentage
        of funds used for supplemental educational services; and
            (2) include information on the mobility of displaced
        students.
    (l) Definitions.--In this section:
            (1) The term ``displaced student'' means a student who is
        at least 4 years old, has not completed 12th grade, and would
        have attended another school or preschool program during the
        2005-2006 school year, but for the fact that--
                    (A) the school, the program, or the surrounding
                area was damaged by a Gulf hurricane disaster; and
                    (B) the school or program could not reopen shortly
                after the disaster.
            (2) The term ``Gulf hurricane disaster'' means a major
        disaster that was declared to exist by the President, in
        accordance with section 401 of the Robert T. Stafford Disaster
        Relief and Emergency Assistance Act (42 U.S.C. 5170), and was
        caused by Hurricane Katrina or Hurricane Rita.
            (3) The term ``parent'' has the meaning given to that term
        in section 9101 of the Elementary and Secondary Education Act
        of 1965 (20 U.S.C. 7801).
            (4) The term ``participating displaced student'' means a
        displaced student participating in the program under this
        section.
            (5) The term ``preschool program'' means a public or
        private program serving 4 or 5 year old children, including any
        such Head Start program, that is in compliance with applicable
        State health and safety requirements.
            (6) The term ``school'' means a public or private
        elementary school or secondary school (as those terms are
        defined in section 9101 of the Elementary and Secondary
        Education Act of 1965 (20 U.S.C. 7801)), including a religious
        elementary school or secondary school, that was legally
        operating in the State involved before September 1, 2005.
            (7) The term ``Secretary'' means the Secretary of
        Education, in consultation with the Secretary of Health and
        Human Services.
    (m) Funding.--
            (1) In general.--Out of funds not otherwise appropriated,
        there is hereby appropriated to the Secretary of Education, to
        carry out this section, $2,500,000,000, to remain available
        through the period ending on July 31, 2006. Any such funds that
        are not obligated by the end of such period shall revert to the
        Treasury.
            (2) Contributions.--Under such terms and conditions as the
        Secretary may impose, the Secretary may, for the purpose of
        carrying out this section, accept and use such amounts as may
        be contributed by individuals, business concerns, or other
        entities for such purpose.

Output:
Family Education Reimbursement Act of 2005 - Directs the Secretary of Education to establish a Family Education Reimbursement Account Program for families of students displaced by Hurricane Katrina or Hurricane Rita.

Provides for reimbursing parents for costs of such students or preschool-age children attending schools or preschool programs, chosen by the parents, during the 20052006 school year.

 Requires the Secretary to make a contract with a nongovernmental entity to administer and operate the program.