SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Stop Any TARP Extension Act of
2009''.

SEC. 2. FINDINGS.

    The Congress finds as follows:
            (1) On October 7, 2008, Congress established the Troubled
        Assets Relief Program (TARP) as part of the Emergency Economic
        Stabilization Act (Public Law 110-343; 122 Stat. 3765) and
        allocated $700,000,000,000 for the purchase of toxic assets
        from banks with the goal of restoring liquidity to the
        financial sector and restarting the flow of credit in our
        markets.
            (2) The Secretary of the Treasury, without consultation
        with the Congress, changed the purpose of Troubled Assets
        Relief Program and began injecting capital into financial
        institutions through a program called the Capital Purchase
        Program (CPP) rather than purchasing toxic assets.
            (3) Lending by financial institutions was not noticeably
        increased with the implementation of the Capital Purchase
        Program and the expenditure of $250,000,000,000 of the funds
        under the Troubled Assets Relief Program, despite the goal of
        the program.
            (4) The recipients of amounts under the Capital Purchase
        Program are now faced with additional restrictions related to
        accepting those funds.
            (5) A number of community banks and large financial
        institutions have expressed their desire to return their
        Capital Purchase Program funds to the Secretary of the Treasury
        and the Secretary has begun the process of accepting receipt of
        such funds.
            (6) The Secretary of the Treasury should not unilaterally
        determine how these returned funds are spent in the future and
        the Congress should play a role in any determination of future
        spending of funds returned through the Troubled Assets Relief
        Program.

SEC. 3. REPEAL OF TARP EXTENSION AUTHORITY.

    Section 120 of the Emergency Economic Stabilization Act of 2008 (12
U.S.C. 5230) is amended--
            (1) by striking ``(a) Termination.--''; and
            (2) by striking subsection (b).

SEC. 4. DEBT REDUCTION.

    Subsection (d) of section 106 of the Emergency Economic
Stabilization Act of 2008 (12 U.S.C. 5216(d)) is amended to read as
follows:
    ``(d) Debt Reduction.--
            ``(1) In general.--The Secretary of the Treasury shall
        deposit in Public Debt Reduction Payment Account--
                    ``(A) all remaining funds available under this
                title not later than 30 days after the date of
                enactment of this section;
                    ``(B) any amounts received by the Secretary for
                repayment of financial assistance, for payment of any
                interest on the receipt of such financial assistance by
                an entity that has received financial assistance under
                this title or any program enacted by the Secretary
                under the authorities granted to the Secretary under
                this title, including the Capital Purchase Program; and
                    ``(C) revenues of, and proceeds from the sale of
                troubled assets purchased under this title, or from the
                sale, exercise, or surrender of warrants or senior debt
                instruments acquired under section 113.
            ``(2) Public debt reduction payment account.--The term
        `Public Debt Reduction Payment Account' means the account
        established under section 3114 of title 31, United States
        Code.''.

SEC. 5. ESTABLISHMENT OF PUBLIC DEBT REDUCTION PAYMENT ACCOUNT.

    (a) In General.--Subchapter I of chapter 31 of title 31, United
States Code, is amended by adding at the end the following new section:
``Sec. 3114. Public Debt Reduction Payment Account
    ``(a) Account Established.--There is hereby established in the
Treasury of the United States an account to be known as the Public Debt
Reduction Payment Account (hereinafter in this section referred to as
the `Account').
    ``(b) Use of Account.--The Secretary of the Treasury shall use
amounts in the Account to pay at maturity, or to redeem or buy before
maturity, any obligation of the Government held by the public and
included in the public debt. Any obligation which is paid, redeemed, or
bought with amounts from the account shall be canceled and retired and
may not be reissued. Amounts deposited in the account are appropriated
and may only be expended to carry out this section.
    ``(c) Deposits.--There shall be deposited in the Account any
amounts which are received by the Secretary of the Treasury pursuant to
section 137 of the Emergency Economic Stabilization Act of 2008. The
funds deposited to this account shall remain available until expended.
    ``(d) Implementation.--The Secretary of the Treasury and the
Director of the Office of Management and Budget shall each take such
actions as may be necessary to promptly carry out this section in
accordance with sound debt management policies.
    ``(e) Coordination With Debt Management.--Reducing the debt
pursuant to this section shall not interfere with the debt management
policies or goals of the Secretary of the Treasury.''.
    (b) Clerical Amendment.--The table of contents for chapter 31 of
title 31, United States Code, is amended by inserting after the item
relating to section 3113 the following new item:

``3114. Public Debt Reduction Payment Account.''.

SEC. 6. REDUCTION OF STATUTORY LIMIT ON THE PUBLIC DEBT.

    Section 3101(b) of title 31, United States Code, is amended by
inserting ``minus the aggregate amounts deposited into the Public Debt
Reduction Payment Account pursuant to section 3114(c)'' before ``,
outstanding at one time''.

SEC. 7. OFF-BUDGET STATUS OF PUBLIC DEBT REDUCTION PAYMENT ACCOUNT.

    Notwithstanding any other provision of law, the receipts and
disbursements of the Public Debt Reduction Payment Account established
by section 3114 of title 31, United States Code, shall not be counted
as new budget authority, outlays, receipts, or deficit or surplus for
purposes of--
            (1) the budget of the United States Government as submitted
        by the President;
            (2) the congressional budget; or
            (3) the Balanced Budget and Emergency Deficit Control Act
        of 1985.

SEC. 8. REMOVING PUBLIC DEBT REDUCTION PAYMENT ACCOUNT FROM BUDGET
              PRONOUNCEMENTS.

    (a) In General.--Any official statement issued by the Office of
Management and Budget, the Congressional Budget Office, or any other
agency or instrumentality of the Federal Government of surplus or
deficit totals of the budget of the United States Government as
submitted by the President or of the surplus or deficit totals of the
congressional budget, and any description of, or reference to, such
totals in any official publication or material issued by either of such
Offices or any other such agency or instrumentality, shall exclude the
outlays and receipts of the Public Debt Reduction Payment Account
established by section 3114 of title 31, United States Code.
    (b) Separate Public Debt Reduction Payment Account Budget
Documents.--The excluded outlays and receipts of the Public Debt
Reduction Payment Account established by section 3114 of title 31,
United States Code, shall be submitted in separate budget documents.

Summary: Stop Any TARP Extension Act of 2009 - Amends the Emergency Economic Stabilization Act of 2008 (EESA) to: (1) terminate on December 31, 2009 , the authority of the Secretary of the Treasury to implement the Troubled Asset Relief Program (TARP). And (2) repeal the Secretary's authority to extend the TARP program through October 3, 2010, upon submission of a written certification to Congress. Revises the requirement that revenues of and proceeds from the sale of troubled assets purchased under TARP, or from the sale, exercise, or surrender of warrants or senior debt instruments acquired under TARP, be paid into the general fund of the Treasury for reduction of the public debt. Establishes the Public Debt Reduction Payment Account. Directs the Secretary to deposit into the Account the following: (1) all remaining EESA funds. (2) amounts received for repayment of financial assistance, as well as payment of interest by a recipient of such assistance under TARP or any related program, including the Capital Purchase Program. And (3) revenues and proceeds from the sale of troubled assets that were purchased under EESA, or from the sale, exercise, or surrender of warrants or senior debt instruments, as under current law. Instructs the Secretary to: (1) use amounts in the Account to pay at maturity any obligation of the government held by the public and included in the public debt. And (2) deposit into the Account specified funds received by the Secretary pursuant to EESA. Lowers the statutory limit on the public debt by the aggregate amounts deposited into the Public Debt Reduction Payment Account. Prohibits the receipts and disbursements of the Account from being counted as new budget authority, outlays, receipts, or deficit or surplus for presidential or congressional budget purposes, and requires their exclusion from any official budget statements.

To amend the Emergency Economic Stabilization Act of 2008 to strike the authority of the Secretary of the Treasury to extend the Troubled Asset Relief Program after 2009, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Randy Barrett Act''.

SEC. 2. WAIVER OF 5-MONTH WAITING PERIOD FOR BENEFITS BASED ON
              DISABILITY IN CASES OF TERMINALLY ILL BENEFICIARIES.

    (a) Disability Insurance Benefits.--Section 223(a) of the Social
Security Act (42 U.S.C. 423(a)) is amended by adding at the end the
following new paragraph:
    ``(3)(A) In the case of any individual who is terminally ill and is
not entitled to disability insurance benefits under this section for
any month solely by reason of the waiting period under clause (i) in
the first sentence of paragraph (1), the Commissioner of Social
Security shall waive the application of the waiting period, and,
notwithstanding clauses (i) and (ii) of the first sentence of paragraph
(1), such individual shall be entitled to disability insurance benefits
for each month, beginning with the first month during all of which such
individual is under a disability and in which such individual would
become so entitled to such insurance benefits under such sentence but
for such waiting period, and ending as provided in paragraph (1).
    ``(B) For purposes of subparagraph (A), an individual is considered
to be `terminally ill' if the individual has a medical prognosis,
certified by a physician, that the individual's life expectancy is 12
months or less.''.
    (b) Widow's Insurance Benefits Based on Disability.--Section
202(e)(5) of such Act (42 U.S.C. 402(e)(5)) is amended by adding at the
end the following new subparagraph:
    ``(C)(i) In the case of any individual who is terminally ill and is
not entitled to widow's insurance benefits under this section for any
month solely by reason of the waiting period under paragraph (1)(F)(i),
the Commissioner of Social Security shall waive the application of the
waiting period, and, notwithstanding clauses (i) and (ii) of paragraph
(1)(F), such individual shall be entitled to widow's insurance benefits
for each month, beginning with the first month during all of which she
is under a disability and in which she would become so entitled to such
insurance benefits under paragraph (1) but for such waiting period, and
ending as provided in paragraph (1).
    ``(ii) For purposes of this subparagraph, an individual is
considered to be `terminally ill' if the individual has a medical
prognosis, certified by a physician, that the individual's life
expectancy is 12 months or less.''.
    (c) Widower's Insurance Benefits Based on Disability.--Section
202(f)(6) of such Act (42 U.S.C. 402(f)(6)) is amended by adding at the
end the following new subparagraph:
    ``(C)(i) In the case of any individual who is terminally ill and is
not entitled to widower's insurance benefits under this section for any
month solely by reason of the waiting period under paragraph (1)(F)(i),
the Commissioner of Social Security shall waive the application of the
waiting period, and, notwithstanding clauses (i) and (ii) of paragraph
(1)(F), such individual shall be entitled to widower's insurance
benefits for each month, beginning with the first month during all of
which he is under a disability and in which he would become so entitled
to such insurance benefits under paragraph (1) but for such waiting
period, and ending as provided in paragraph (1).
    ``(ii) For purposes of this subparagraph, an individual is
considered to be `terminally ill' if the individual has a medical
prognosis, certified by a physician, that the individual's life
expectancy is 12 months or less.''.
    (d) Commencement of Period of Disability.--Section 216(i)(2)(A) of
such Act (42 U.S.C. 416(i)(2)(A)) is amended--
            (1) by inserting ``(i)'' after ``(2)(A)'';
            (2) by inserting ``(I)'' after ``but only if'';
            (3) by inserting ``(II)'' after ``duration or''; and
            (4) by adding at the end the following new clause:
    ``(ii) In any case in which an individual is terminally ill and a
month is not included within a period of disability of such individual
solely by reason of the 5-month duration requirement under clause
(i)(I), the Commissioner of Social Security shall waive the application
of such requirement, and, notwithstanding clause (i)(I), such month
shall be included in a period of disability. For purposes of this
subparagraph, an individual is considered to be `terminally ill' if the
individual has a medical prognosis, certified by a physician, that the
individual's life expectancy is 12 months or less.''.

SEC. 3. EFFECTIVE DATES.

    The amendments made by subsection (a) of section 2 of this Act
shall apply only with respect to benefits under section 223 of the
Social Security Act, or under section 202 of such Act on the basis of
the wages and self-employment income of an individual entitled to
benefits under such section 223, for months beginning after the date of
the enactment of this Act. The amendments made by subsections (b) and
(c) of section 2 of this Act shall apply only with respect to benefits
based on disability under subsection (e) or (f) of section 202 of the
Social Security Act for months after the date of the enactment of this
Act. The amendments made by subsection (d) of section 2 of this Act
shall apply only with respect to applications for disability
determinations filed under title II of the Social Security Act after
the date of the enactment of this Act.

Summary: Randy Barrett Act - Amends title II (OASDI) of the Social Security Act to require the Commissioner of Social Security to waive the five-month waiting period for entitlement to benefits based on disability in the case of any individual who is terminally ill and is not entitled to disability insurance benefits under OASDI for any month solely by reason of such waiting period.

To amend title II of the Social Security Act to require waiver of the 5-month waiting period for entitlement to benefits based on disability in the case of a terminally ill beneficiary.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Working Waterfront Preservation Act
of 2005''.

SEC. 2. COMMERCIAL FISHING ACCESS PROTECTION PROGRAM.

    The Magnuson-Stevens Fishery Conservation and Management Act (16
U.S.C. 1801 et seq.) is amended by adding at the end the following new
title:

            ``TITLE V--GRANTS FOR COMMERCIAL FISHING ACCESS

``SEC. 501. DEFINITIONS.

    ``In this title:
            ``(1) Coastal state.--The term `Coastal State' has the
        meaning given the term `coastal state' in section 304 of the
        Coastal Zone Management Act of 1972 (16 U.S.C. 1453).
            ``(2) Coastal waters.--The term `coastal waters' has the
        meaning given that term in section 304 of the Coastal Zone
        Management Act of 1971 (16 U.S.C. 1453).
            ``(3) Eligible entity.--The term `eligible entity' means--
                    ``(A) the government of a Coastal State;
                    ``(B) a unit of local government within a Coastal
                State; or
                    ``(C) a nonprofit organization or a fishing
                cooperative that the Secretary determines is
                appropriate to receive a grant under section 502.
            ``(4) Eligible project.--The term `eligible project'
        means--
                    ``(A) a project to acquire real property or an
                interest in real property located in a Coastal State
                for the purpose of providing access to persons engaged
                in the commercial fishing industry or the aquaculture
                industry to coastal waters in working waterfront areas;
                or
                    ``(B) a project to make improvements to real
                property located in a Coastal State and owned by an
                eligible entity, including the construction or repair
                of wharfs or related facilities, to provide access to
                persons engaged in the commercial fishing industry or
                the aquaculture industry to coastal waters in working
                waterfront areas.
            ``(5) Fishing cooperative.--The term `fishing cooperative'
        means a fishing or fish marketing association organized in a
        coastal state for the purpose of a promoting, fostering, and
        encouraging fishing or marketing of fish and fishery products
        through cooperation of its members and for the benefit of their
        members as producers of such products.
            ``(6) Nonprofit organization.--The term `nonprofit
        organization' means an organization that is--
                    ``(A) described in section 501(c) of the Internal
                Revenue Code of 1986; and
                    ``(B) exempt from taxation under section 501(a) of
                the Internal Revenue Code of 1986.
            ``(7) State fisheries official.--The term `State fisheries
        official' means the principal State official with marine
        fishery management responsibility and expertise in a coastal
        State, who is designated as such by the Governor of the State,
        so long as the official continues to hold such position, or the
        designee of such official.
            ``(8) Working waterfront areas.--The term `working
        waterfront areas' means land that is used for or that supports
        commercial fishing or the aquaculture industry.

``SEC. 502. GRANT PROGRAM.

    ``(a) In General.--The Secretary is authorized to award a grant to
an eligible entity for the purpose of carrying out an eligible project.
    ``(b) Considerations.--In awarding a grant for an eligible project
under this section, the Secretary shall consider--
            ``(1) the need for the eligible project based on the
        assessment of need submitted under subsection (c)(2)(A);
            ``(2) the economic significance of the eligible project to
        the commercial fishing industry or the aquaculture industry in
        the immediate vicinity and in the Coastal State in which the
        eligible project is located;
            ``(3) the degree of community support for the eligible
        project;
            ``(4) the level of threat of that the property proposed to
        be acquired or improved with such grant will be converted to
        uses incompatible with commercial fishing or the aquaculture
        industry;
            ``(5) the utility of the eligible project for commercial
        fishing or the aquaculture industry, with respect to the
        natural characteristics and developed infrastructure of the
        property proposed to be acquired;
            ``(6) whether a business plan or a harbor plan exists for
        the area in which the project will be located and whether the
        eligible project is consistent with such plan;
            ``(7) for an eligible project described in section
        501(4)(A), the availability of alternative real property or an
        alternative interest in real property that would ensure that
        persons engaged in the commercial fishing industry or the
        aquaculture industry have access to coastal waters in working
        waterfront areas; and
            ``(8) whether a land use plan exists for the area in which
        the project will be located and whether the project is
        consistent with such plan.
    ``(c) Application and Review.--
            ``(1) In general.--An eligible entity that seeks a grant
        under this section shall submit to the appropriate State
        fisheries official, at such time and in such manner as the
        Secretary shall prescribe, an application for the grant.
            ``(2) Assessment of need.--An application for a grant may
        be considered by the Secretary if the appropriate State
        fisheries official--
                    ``(A) prepares an assessment of the need for the
                proposed eligible project, taking into account--
                            ``(i) the needs of the commercial fishing
                        industry or the aquaculture industry in the
                        State;
                            ``(ii) the needs of other industries and
                        other parties in the area in which the project
                        will be located;
                            ``(iii) whether alternative sites exist for
                        the proposed project; and
                            ``(iv) the social and cultural value of the
                        industries to the affected community and State;
                        and
                    ``(B) submits to the Secretary--
                            ``(i) the application submitted under
                        paragraph (1); and
                            ``(ii) the assessment of need prepared
                        under subparagraph (A).
    ``(d) Cost Sharing.--
            ``(1) In general.--The amount of a grant awarded under this
        section to carry out an eligible project may not exceed 75
        percent of the total cost of the eligible project.
            ``(2) Assurances.--As a condition of receipt of a grant
        under this section, an eligible entity shall provide to the
        Secretary such assurances as the Secretary determines are
        sufficient to demonstrate that the share of the cost of each
        eligible project that is not funded by the grant awarded under
        this section has been secured.
            ``(3) Form.--The share of the cost of carrying out an
        eligible project that is not funded by a grant awarded under
        this section may be provided in cash or in kind (including a
        donation of land).
    ``(e) Use of Grant Funds for Eligible Projects.--
            ``(1) Purchases.--
                    ``(A) In general.--Except as provided in
                subparagraph (B), grants awarded under this section may
                be used to purchase privately-owned real property or
                interests in privately-owned real property, including
                easements, only from willing sellers at fair market
                value.
                    ``(B) Sales at less than fair market value.--A
                grant awarded under this section may be used to acquire
                privately-owned real property or an interest in
                privately-owned real property at less than fair market
                value only if the owner certifies to the Secretary that
                the sale is being entered into willingly and without
                coercion.
                    ``(C) No exercise of eminent domain.--No Federal,
                State, or local agency may exercise the power of
                eminent domain to secure title to any real property or
                facilities in connection with a project carried out
                under this title.
            ``(2) Title.--Title to real property or an interest in real
        property acquired with a grant awarded under this section may
        be held, as determined appropriate by the Secretary in
        consultation with the appropriate Coastal State, by--
                    ``(A) the Coastal State;
                    ``(B) a unit of local government of the Coastal
                State;
                    ``(C) a nonprofit organization; or
                    ``(D) a fishing cooperative.
    ``(f) Continued Access to Coastal Waters.--
            ``(1) Requirement for agreement.--The Secretary shall enter
        into an agreement with an eligible entity that receives a grant
        under this section. Such agreement shall require the eligible
        entity to provide the Secretary the assurances that the
        Secretary determines are appropriate to ensure that the
        eligible project is not converted to a use that is inconsistent
        with the purposes for which the grant was awarded.
            ``(2) Reversionary interest.--
                    ``(A) In general.--If the Governor of a Coastal
                State makes a determination described in subparagraph
                (B), all right, title, and interest in and to the
                property shall, except as provided in subparagraph (C),
                revert, at the option of the Governor, to the Coastal
                State, and the State shall have the right of immediate
                entry onto the property. Any determination of the
                Governor under this paragraph shall be made on the
                record after an opportunity for a hearing.
                    ``(B) Determination.--The determination referred to
                in subparagraph (A) is a determination that--
                            ``(i) the unit of local government or
                        nonprofit organization is unable or unwilling
                        to enforce the terms of the easement; or
                            ``(ii) the easement has been modified in a
                        manner that is inconsistent with the purposes
                        for which the grant was awarded.
                    ``(C) Conveyance to another unit of local
                government or nonprofit organization.--If the Governor
                of a Coastal State makes a determination under
                subparagraph (B), the State may convey or authorize the
                unit of local government or nonprofit organization to
                convey the easement to another unit of local government
                or nonprofit organization.
    ``(g) Approval or Disapproval.--
            ``(1) In general.--Subject to paragraph (2), as soon as
        practicable after the date on which the Secretary receives an
        application under subsection (c)(2)(B), the Secretary shall--
                    ``(A) review the application; and
                    ``(B)(i) award a grant to the applicant; or
                    ``(ii) disapprove the application and provide the
                applicant a statement that describes the reasons why
                the application was disapproved, including a deadline
                by which the applicant may resubmit the application.
    ``(h) Administrative Costs.--A Coastal State, on approval of the
Secretary and subject to any regulations promulgated by the Secretary,
may use up to 10 percent of the amounts made available under this
section to pay the administrative costs of the Coastal State relating
to the program.
    ``(i) Treatment of Purchase Proceeds.--For purposes of the Internal
Revenue Code of 1986, gross income shall not include 50 percent of the
gain from the sale or exchange of private land or interests in private
land in purchases described in subsection (e)(1).

``SEC. 503. ANNUAL REPORT.

    ``The Secretary shall submit to Congress an annual report that
describes the eligible projects carried out using grants awarded under
this title.''.

SEC. 3. AUTHORIZATION OF APPROPRIATION.

    There are authorized to be appropriated to the Secretary of
Commerce $50,000,000 for each of the fiscal years 2005 and 2007 to
carry out the provisions of title V of the Magnuson-Stevens Fishery
Conservation and Management Act, as added by section 2.

Summary: Working Waterfront Preservation Act of 2005 - Amends the Magnuson-Stevens Fishery Conservation and Management Act to authorize the Secretary of Commerce to award a grant to a state or local government of a coastal state, a nonprofit organization, or a fishing cooperative for projects to: (1) acquire real property in a coastal state to provide access to commercial fishermen or persons in the aquaculture industry to coastal waters in working waterfront areas. Or (2) make improvements to real property owned by an eligible entity in a coastal state to provide access to such persons to coastal waters in working waterfront areas.

A bill to amend the Magnuson-Stevens Fishery Conservation and Management Act to establish a grant program to ensure waterfront access for commercial fisherman, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Strengthening Background Checks Act
of 2013''.

SEC. 2. PENALTIES FOR STATES THAT DO NOT MAKE DATA AVAILABLE TO THE
              NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM.

    (a) Increased Mandatory Penalties.--Section 104(b) of the NICS
Improvement Amendments Act of 2007 (18 U.S.C. 922 note) is amended by
striking paragraph (3) and inserting after paragraph (2) the following
new paragraphs:
            ``(3) Increased mandatory reductions.--Notwithstanding
        paragraphs (1) and (2), after the expiration of the period
        referred to in section 107(b), the Attorney General shall
        withhold 10 percent of the amount that would otherwise be
        allocated to a State under section 505 of title I of the
        Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
        3755), if--
                    ``(A) the State fails to comply with section 107;
                or
                    ``(B) the State provides less than 90 percent of
                the records required to be provided under sections 102
                and 103.
            ``(4) Waivers by attorney general.--The Attorney General
        may--
                    ``(A) waive the applicability of paragraph (2) to a
                State if the State provides substantial evidence, as
                determined by the Attorney General, that the State is
                making a reasonable effort to comply with the
                requirements of sections 102 and 103, including an
                inability to comply due to court order or other legal
                restriction;
                    ``(B) waive the applicability of paragraph (3) to a
                State for one year if the State provides substantial
                evidence, as determined by the Attorney General, that
                the State is making a reasonable effort to comply with
                the requirements of sections 102, 103, and 107,
                including an inability to comply due to court order,
                conflicts between section 107 and the constitution of
                the State, or other legal restriction; and
                    ``(C) waive the applicability of paragraph (3), in
                part, to a State for which the waiver period under
                subparagraph (B) has expired, for additional one-year
                periods, if--
                            ``(i) the State provides substantial
                        evidence, as determined by the Attorney
                        General, that the State is making a reasonable
                        effort to comply with the requirements of
                        sections 102, 103, and 107, including an
                        inability to comply due to court order,
                        conflicts between section 107 and the
                        constitution of the State, or other legal
                        restriction; and
                            ``(ii) the Attorney General withholds 5
                        percent of the amount that would otherwise be
                        allocated to a State under section 505 of title
                        I of the Omnibus Crime Control and Safe Streets
                        Act of 1968 (42 U.S.C. 3755) for each such one-
                        year period.''.
    (b) State Laws Requiring Provision of Records.--Title I of the NICS
Improvement Amendments Act of 2007 (18 U.S.C. 922 note) is further
amended by inserting after section 106 the following new section:

``SEC. 107. STATE LAWS REQUIRING PROVISION OF RECORDS.

    ``(a) In General.--For each fiscal year after the expiration of the
period specified in subsection (b), the State shall have in effect
throughout the State laws and policies that--
            ``(1) require the State to provide to the Attorney General
        not less than 90 percent of the records required to be provided
        under sections 102 and 103; and
            ``(2) require the State to provide such records to the
        Attorney General in the same manner, or in a manner
        substantially similar to, the manner in which such records are
        required to be provided by the State under such sections.
    ``(b) Compliance Period.--Each State shall have not more than 2
years from the date of enactment of the Strengthening Background Checks
Act of 2013 in which to fully implement this section.''.
    (c) Authorization and Appropriation for Implementation Assistance
to States.--
            (1) Authorization of appropriations.--Section 103(e) of the
        NICS Improvement Amendments Act of 2007 (18 U.S.C. 922 note) is
        amended--
                    (A) in paragraph (1), by striking ``$125,000,000
                for fiscal year 2012'' and all that follows and
                inserting ``and $125,000,000 for each of fiscal years
                2012 through 2015.''; and
                    (B) in paragraph (2), by striking ``fiscal years
                2011, 2012, and 2013'' and inserting ``each of fiscal
                years 2011 through 2015''.
            (2) Appropriation.--
                    (A) In general.--There are hereby appropriated for
                the first fiscal year beginning after the date of
                enactment of this Act, out of funds in the Treasury not
                otherwise appropriated, $125,000,000 to carry out the
                grant program authorized under section 103 of the NICS
                Improvement Amendments Act of 2007 (18 U.S.C. 922
                note).
                    (B) Offset.--Of the unobligated balances available
                under the Department of Justice Assets Forfeiture Fund,
                $125,000,000 are permanently cancelled.

Summary: Strengthening Background Checks Act of 2013 - Amends the NICS Improvement Amendments Act of 2007 to require each state, for each fiscal year after a two-year period after this Act's enactment, to have in effect laws and policies that require it to: (1) provide to the Attorney General not less than 90 of the records relevant to a determination of whether a person is disqualified from possessing or receiving a firearm that are required to be provided under such Act for the National Instant Criminal Background Check System. And (2) provide such records to the Attorney General in the same manner, or in a manner substantially similar to, that in which such records are required to be provided by the state under such Act. Directs the Attorney General to withhold 10 of the Edward Byrne Memorial Justice Assistance Grant funds that would otherwise be allocated to the state if the state fails to comply with such requirements. Authorizes the Attorney General to waive such withholding for a state: (1) for one year if the state provides substantial evidence that it is making a reasonable effort to comply. And (2) for additional one-year periods if the state provides substantial evidence that it is making a reasonable effort to comply and if the Attorney General withholds 5 of the amount that would otherwise be allocated to a state for each one-year period. Authorizes appropriations for FY2012-FY2015 for grants under such Act to states and Indian tribal governments to establish or upgrade information and identification technologies for firearms eligibility determinations. Appropriates such authorized amount for the first fiscal year beginning after enactment of this Act and cancels a corresponding amount of the unobligated balances available under the Department of Justice Assets Forfeiture Fund.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Child Interstate Abortion
Notification Act''.

SEC. 2. TRANSPORTATION OF MINORS IN CIRCUMVENTION OF CERTAIN LAWS
              RELATING TO ABORTION.

    Part I of title 18, United States Code, is amended by inserting
after chapter 117 the following:

 ``CHAPTER 117A--TRANSPORTATION OF MINORS IN CIRCUMVENTION OF CERTAIN
                       LAWS RELATING TO ABORTION

``Sec.
``2431. Transportation of minors in circumvention of certain laws
                            relating to abortion.
``2432. Transportation of minors in circumvention of certain laws
                            relating to abortion and incest.
``Sec. 2431. Transportation of minors in circumvention of certain laws
              relating to abortion
    ``(a) Offense.--
            ``(1) Generally.--Except as provided in subsection (b),
        whoever knowingly transports a minor across a State line, with
        the intent that the minor obtain an abortion, and thereby in
        fact abridges the right of a parent of the minor under a law
        requiring parental involvement in a minor's abortion decision,
        in force in the State in which the minor resides, shall be
        fined under this title or imprisoned not more than 1 year, or
        both.
            ``(2) Definition.--For the purposes of this subsection, an
        abridgement of the right of a parent of a minor occurs if an
        abortion is performed or induced on the minor, in a State other
        than the State in which the minor resides or in a foreign
        country, without the parental consent or notification, or the
        judicial authorization, that would have been required under a
        law requiring parental involvement in a minor's abortion
        decision had the abortion been performed in the State in which
        the minor resides.
    ``(b) Exceptions.--
            ``(1) Life-endangering conditions.--The prohibition under
        subsection (a) shall not apply if the abortion is necessary to
        save the life of the minor because her life is endangered by a
        physical disorder, physical injury, or physical illness,
        including a life endangering physical condition caused by or
        arising from the pregnancy itself.
            ``(2) Minors and parents.--A minor transported in violation
        of this section, and any parent of that minor, may not be
        prosecuted or sued for a violation of this section, a
        conspiracy to violate this section, or an offense under section
        2 or 3 of this title based on a violation of this section.
    ``(c) Affirmative Defense.--It is an affirmative defense to a
prosecution for an offense, or to a civil action, based on a violation
of this section that the defendant--
            ``(1) reasonably believed, based on information the
        defendant obtained directly from a parent of the minor, that
        before the minor obtained the abortion, the parental consent or
        notification took place that would have been required under the
        law requiring parental involvement in a minor's abortion
        decision, had the abortion been performed in the State in which
        the minor resides; or
            ``(2) was presented with documentation showing with a
        reasonable degree of certainty that a court in the minor's
        State of residence waived any parental notification required by
        the laws of that State, or otherwise authorized that the minor
        be allowed to procure an abortion.
    ``(d) Civil Action.--Any parent who suffers harm from a violation
of subsection (a) may obtain appropriate relief in a civil action
unless the parent has committed an act of incest with the minor
described in subsection (a).
    ``(e) Definitions.--For the purposes of this section--
            ``(1) the term `abortion' means the use or prescription of
        any instrument, medicine, drug, or other substance or device to
        intentionally--
                    ``(A) kill the unborn child of a woman known to be
                pregnant; or
                    ``(B) prematurely terminate the pregnancy of a
                woman known to be pregnant, with an intention other
                than to--
                            ``(i) increase the probability of a live
                        birth or of preserving the life or health of
                        the child after live birth; or
                            ``(ii) remove a dead unborn child;
            ``(2) the term `law requiring parental involvement in a
        minor's abortion decision' means a law--
                    ``(A) requiring, before an abortion is performed on
                a minor, either--
                            ``(i) the notification to, or consent of, a
                        parent of that minor; or
                            ``(ii) proceedings in a State court; and
                    ``(B) that does not provide as an alternative to
                the requirements described in subparagraph (A)
                notification to or consent of any person or entity not
                described in that subparagraph;
            ``(3) the term `minor' means an individual who is not older
        than the maximum age requiring parental notification or
        consent, or proceedings in a State court, under a law requiring
        parental involvement in a minor's abortion decision;
            ``(4) the term `parent' means--
                    ``(A) a parent or guardian;
                    ``(B) a legal custodian; or
                    ``(C) an individual standing in loco parentis--
                            ``(i) who has care and control of the
                        minor;
                            ``(ii) with whom the minor regularly
                        resides; and
                            ``(iii) who is designated by the law
                        requiring parental involvement in the minor's
                        abortion decision as an individual to whom
                        notification, or from whom consent, is
                        required; and
            ``(5) the term `State' includes--
                    ``(A) the District of Columbia;
                    ``(B) any commonwealth, possession, or other
                territory of the United States; and
                    ``(C) any Indian tribe or reservation.
``Sec. 2432. Transportation of minors in circumvention of certain laws
              relating to abortion and incest
    ``(a) Offense.--Notwithstanding section 2431(b)(2), whoever has
committed an act of incest with a minor and knowingly transports the
minor across a State line with the intent that the minor obtain an
abortion, shall be fined under this title or imprisoned not more than 1
year, or both.
    ``(b) Definitions.--For the purposes of this section, the terms
`abortion', `minor', and `State' have the meanings given those terms in
section 2435.''.

SEC. 3. CHILD INTERSTATE ABORTION NOTIFICATION.

    Part I of title 18, United States Code, is amended by inserting
after chapter 117A (as added by section 2) the following:

         ``CHAPTER 117B--CHILD INTERSTATE ABORTION NOTIFICATION

``Sec.
``2435. Child interstate abortion notification.
``Sec. 2435. Child interstate abortion notification
    ``(a) Offense.--
            ``(1) Generally.--A physician who knowingly performs or
        induces an abortion on a minor in violation of the requirements
        of this section shall be fined under this title or imprisoned
        not more than 1 year, or both.
            ``(2) Parental notification.--
                    ``(A) Actual notice.--A physician who performs or
                induces an abortion on a minor who is a resident of a
                State other than the State in which the abortion is
                performed or induced shall provide, or cause his or her
                agent to provide, not less than 24 hours actual notice
                to a parent of the minor before performing or inducing
                the abortion.
                    ``(B) Constructive notice.--If actual notice to a
                parent under subparagraph (A) is not accomplished after
                a reasonable effort has been made, not less than 24
                hours constructive notice shall be given to a parent of
                the minor before the abortion is performed or induced.
    ``(b) Exceptions.--The notification requirement under subsection
(a)(2) shall not apply if--
            ``(1) the abortion is performed or induced in a State that
        has in force a law requiring parental involvement in a minor's
        abortion decision and the physician complies with the
        requirements of that law;
            ``(2) the physician is presented with documentation showing
        with a reasonable degree of certainty that a court in the
        minor's State of residence has waived any parental notification
        required by the laws of that State, or has otherwise authorized
        that the minor be allowed to procure an abortion;
            ``(3) the minor declares in a signed written statement that
        she is the victim of sexual abuse, neglect, or physical abuse
        by a parent, and, before an abortion is performed on the minor,
        the physician notifies the authorities specified to receive
        reports of child abuse or neglect by the law of the State in
        which the minor resides of the known or suspected abuse or
        neglect;
            ``(4) the abortion is necessary to save the life of the
        minor because her life was endangered by a physical disorder,
        physical injury, or physical illness, including a life
        endangering physical condition caused by or arising from the
        pregnancy itself, except that an exception under this paragraph
        shall not apply unless the attending physician or an agent of
        such physician, not later than 24 hours after completion of the
        abortion, notifies a parent of the minor in writing that an
        abortion was performed on the minor and of the circumstances
        that warranted invocation of this paragraph; or
            ``(5) the minor is physically accompanied by a person who
        presents the physician or his or her agent with documentation
        showing with a reasonable degree of certainty that he or she is
        in fact the parent of that minor.
    ``(c) Civil Action.--Any parent who suffers harm from a violation
of subsection (a) may obtain appropriate relief in a civil action
unless the parent has committed an act of incest with the minor
described in subsection (a).
    ``(d) Definitions.--For the purposes of this section--
            ``(1) the term `abortion' means the use or prescription of
        any instrument, medicine, drug, or other substance or device to
        intentionally--
                    ``(A) kill the unborn child of a woman known to be
                pregnant; or
                    ``(B) prematurely terminate the pregnancy of a
                woman known to be pregnant, with an intention other
                than to--
                            ``(i) increase the probability of a live
                        birth or of preserving the life or health of
                        the child after live birth; or
                            ``(ii) remove a dead unborn child;
            ``(2) the term `actual notice' means the giving of written
        notice directly, in person, by the physician or any agent of
        the physician;
            ``(3) the term `constructive notice' means notice that is
        given by certified mail, return receipt requested, restricted
        delivery to the last known address of the person being
        notified, with delivery deemed to have occurred 48 hours
        following noon on the next day subsequent to mailing on which
        regular mail delivery takes place, excluding days on which mail
        is not delivered;
            ``(4) the term `law requiring parental involvement in a
        minor's abortion decision' means a law--
                    ``(A) requiring, before an abortion is performed on
                a minor, either--
                            ``(i) the notification to, or consent of, a
                        parent of that minor; or
                            ``(ii) proceedings in a State court; and
                    ``(B) that does not provide as an alternative to
                the requirements described in subparagraph (A)
                notification to or consent of any person or entity not
                described in that subparagraph;
            ``(5) the term `minor' means an individual who--
                    ``(A) has not attained the age of 18 years; and
                    ``(B) is not emancipated under the law of the State
                in which the minor resides;
            ``(6) the term `parent' means--
                    ``(A) a parent or guardian;
                    ``(B) a legal custodian; or
                    ``(C) an individual standing in loco parentis--
                            ``(i) who has care and control of the
                        minor; and
                            ``(ii) with whom the minor regularly
                        resides,
        as determined by State law;
            ``(7) the term `physician' means--
                    ``(A) a doctor of medicine legally authorized to
                practice medicine by the State in which the doctor
                practices medicine; or
                    ``(B) any other person legally empowered under
                State law to perform an abortion; and
            ``(8) the term `State' includes--
                    ``(A) the District of Columbia;
                    ``(B) any commonwealth, possession, or other
                territory of the United States; and
                    ``(C) any Indian tribe or reservation.''.

SEC. 4. CLERICAL AMENDMENT.

    The table of chapters at the beginning of part I of title 18,
United States Code, is amended by inserting after the item relating to
chapter 117 the following new items:

``117A. Transportation of minors in circumvention of certain      2431
                            laws relating to abortion.
``117B. Child interstate abortion notification..............    2435''.

SEC. 5. SEVERABILITY AND EFFECTIVE DATE.

    (a) Severability.--The provisions of this Act shall be severable.
If any provision of this Act, or any application thereof, is found
unconstitutional, that finding shall not affect any provision or
application of the Act not so adjudicated.
    (b) Effective Date.--This Act and the amendments made by this Act
shall take effect 45 days after the date of enactment of this Act.

Summary: Child Interstate Abortion Notification Act This bill amends the federal criminal code to make it a crime to knowingly transport a minor to another state to obtain an abortion without satisfying a parental involvement law in the minor's resident state. A parental involvement law requires parental consent or notification, or judicial authorization, for a minor to obtain an abortion. A violator is subject to criminal penalties8212. A fine, up to one year in prison, or both. The bill provides an exception for an abortion that is necessary to save the life of a minor whose life is endangered by a physical disorder, illness, or condition. This bill prohibits an individual who has committed incest with a minor from knowingly transporting the minor across a state line to receive an abortion. Additionally, this bill makes it a crime for a physician to knowingly perform or induce an abortion on an out-of-state minor without first complying with parental notification requirements, subject to specified exceptions. A physician violator is subject to criminal penalties8212, a fine, up to one year in prison, or both.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Civil Justice Tax Fairness Act of
2013''.

SEC. 2. EXCLUSION FROM GROSS INCOME FOR AMOUNTS RECEIVED ON ACCOUNT OF
              CERTAIN UNLAWFUL DISCRIMINATION.

    (a) In General.--Part III of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 (relating to items specifically excluded
from gross income) is amended by inserting before section 140 the
following new section:

``SEC. 139E. AMOUNTS RECEIVED ON ACCOUNT OF CERTAIN UNLAWFUL
              DISCRIMINATION.

    ``(a) In General.--
            ``(1) Exclusion.--Gross income does not include amounts
        received by a claimant (whether by judgment or settlement and
        whether as lump sums or periodic payments) on account of a
        claim of unlawful discrimination.
            ``(2) Amounts covered.--For purposes of paragraph (1), the
        term `amounts' does not include--
                    ``(A) backpay or frontpay, as defined in section
                1302(b), or
                    ``(B) punitive damages.
    ``(b) Unlawful Discrimination Defined.--For purposes of this
section, the term `unlawful discrimination' has the meaning given such
term by section 62(e).''.
    (b) Clerical Amendment.--The table of sections for part III of
subchapter B of chapter 1 of the Internal Revenue Code of 1986 is
amended by inserting before the item relating to section 140 the
following new item:

``Sec. 139E. Amounts received on account of certain unlawful
                            discrimination.''.
    (c) Effective Date.--The amendments made by this section shall
apply to amounts received in taxable years beginning after December 31,
2012.

SEC. 3. LIMITATION ON TAX BASED ON INCOME AVERAGING FOR BACKPAY AND
              FRONTPAY RECEIVED ON ACCOUNT OF CERTAIN UNLAWFUL
              EMPLOYMENT DISCRIMINATION.

    (a) In General.--Part I of subchapter Q of chapter 1 of the
Internal Revenue Code of 1986 (relating to income averaging) is amended
by adding at the end the following new section:

``SEC. 1302. INCOME FROM BACKPAY AND FRONTPAY RECEIVED ON ACCOUNT OF
              CERTAIN UNLAWFUL EMPLOYMENT DISCRIMINATION.

    ``(a) General Rule.--If employment discrimination backpay or
frontpay is received by a taxpayer during a taxable year, the tax
imposed by this chapter for such taxable year shall not exceed the sum
of--
            ``(1) the tax which would be so imposed if--
                    ``(A) no amount of such backpay or frontpay were
                included in gross income for such year, and
                    ``(B) no deduction were allowed for such year for
                expenses (otherwise allowable as a deduction to the
                taxpayer for such year) in connection with making or
                prosecuting any claim of unlawful employment
                discrimination by or on behalf of the taxpayer, plus
            ``(2) the product of--
                    ``(A) the number of years in the backpay period and
                frontpay period, and
                    ``(B) the amount by which the tax determined under
                paragraph (1) would increase if the amount on which
                such tax is determined were increased by the average
                annual net backpay and frontpay amount.
    ``(b) Definitions.--For purposes of this section--
            ``(1) Employment discrimination backpay or frontpay.--The
        term `employment discrimination backpay or frontpay' means
        backpay or frontpay receivable (whether as lump sums or
        periodic payments) on account of a claim of unlawful employment
        discrimination.
            ``(2) Unlawful employment discrimination.--The term
        `unlawful employment discrimination' has the meaning provided
        the term `unlawful discrimination' in section 62(e).
            ``(3) Backpay and frontpay.--The terms `backpay' and
        `frontpay' mean amounts--
                    ``(A) which are includible in gross income in the
                taxable year as compensation which is attributable--
                            ``(i) in the case of backpay, to services
                        performed, or that would have been performed
                        but for a claimed violation of law, as an
                        employee, former employee, or prospective
                        employee before such taxable year for the
                        taxpayer's employer, former employer, or
                        prospective employer, and
                            ``(ii) in the case of frontpay, to
                        employment that would have been performed but
                        for a claimed violation of law, in a taxable
                        year or taxable years following the taxable
                        year, and
                    ``(B) which are received on account of a judgment
                or settlement resulting from a claim for a violation of
                law.
            ``(4) Backpay period.--The term `backpay period' means the
        period during which services are performed (or would have been
        performed) to which backpay is attributable. If such period is
        not equal to a whole number of taxable years, such period shall
        be increased to the next highest number of whole taxable years.
            ``(5) Frontpay period.--The term `frontpay period' means
        the period of foregone employment to which frontpay is
        attributable. If such period is not equal to a whole number of
        taxable years, such period shall be increased to the next
        highest number of whole taxable years.
            ``(6) Average annual net backpay and frontpay amount.--The
        term `average annual net backpay and frontpay amount' means the
        amount equal to--
                    ``(A) the excess of--
                            ``(i) employment discrimination backpay and
                        frontpay, over
                            ``(ii) the amount of deductions that would
                        have been allowable but for subsection
                        (a)(1)(B), divided by
                    ``(B) the number of years in the backpay period and
                frontpay period.''.
    (b) Clerical Amendment.--The table of sections for part I of
subchapter Q of chapter 1 of the Internal Revenue Code of 1986 is
amended by inserting after section 1301 the following new item:

``Sec. 1302. Income from backpay and frontpay received on account of
                            certain unlawful employment
                            discrimination.''.
    (c) Effective Date.--The amendments made by this section shall
apply to amounts received in taxable years beginning after December 31,
2012.

SEC. 4. INCOME AVERAGING FOR BACKPAY AND FRONTPAY RECEIVED ON ACCOUNT
              OF CERTAIN UNLAWFUL EMPLOYMENT DISCRIMINATION NOT TO
              INCREASE ALTERNATIVE MINIMUM TAX LIABILITY.

    (a) In General.--Section 55(c) of the Internal Revenue Code of 1986
(defining regular tax) is amended by redesignating paragraph (3) as
paragraph (4) and by inserting after paragraph (2) the following:
            ``(3) Coordination with income averaging for amounts
        received on account of employment discrimination.--Solely for
        purposes of this section, section 1302 (relating to averaging
        of income from backpay or frontpay received on account of
        certain unlawful employment discrimination) shall not apply in
        computing the regular tax.''.
    (b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2012.

Summary: Civil Justice Tax Fairness Act of 2013 - Amends the Internal Revenue Code to allow: (1) an exclusion from gross income for amounts received on account of a claim of unlawful discrimination. (2) income averaging for backpay and frontpay amounts received from such claims, and (3)nbsp, an exemption from thenbsp. Alternative minimum tax (AMT) for any tax benefit resulting from the income averaging of amounts received from an unlawful discrimination claim.

Civil Justice Tax Fairness Act of 2013


SECTION 1. EQUAL ACCESS TO JUSTICE REFORM.

    (a) Short Title.--This Act may be cited as the ``Equal Access to
Justice Reform Amendments of 2000''.
    (b) Award of Costs and Fees.--
            (1) Administrative proceedings.--Section 504(a)(2) of title
        5, United States Code, is amended by inserting after ``(2)''
        the following: ``At any time after the commencement of an
        adversary adjudication covered by this section, the
        adjudicative officer may ask a party to declare whether such
        party intends to seek an award of fees and expenses against the
        agency should such party prevail.''.
            (2) Judicial proceedings.--Section 2412(d)(1)(B) of title
        28, United States Code, is amended by inserting after ``(B)''
        the following: ``At any time after the commencement of an
        adversary adjudication covered by this section, the court may
        ask a party to declare whether such party intends to seek an
        award of fees and expenses against the agency should such party
        prevail.''.
    (c) Payment From Agency Appropriations.--
            (1) Administrative proceedings.--Section 504(d) of title 5,
        United States Code, is amended by adding at the end the
        following: ``Fees and expenses awarded under this subsection
        may not be paid from the claims and judgments account of the
        Treasury from funds appropriated pursuant to section 1304 of
        title 31.''.
            (2) Judicial proceedings.--Section 2412(d)(4) of title 28,
        United States Code, is amended by adding at the end the
        following: ``Fees and expenses awarded under this subsection
        may not be paid from the claims and judgments account of the
        Treasury from funds appropriated pursuant to section 1304 of
        title 31.''.
    (d) Taxpayers' Recovery of Costs, Fees, and Expenses.--
            (1) Administrative proceedings.--Section 504 of title 5,
        United States Code, is amended by striking subsection (f).
            (2) Judicial proceedings.--Section 2412 of title 28, United
        States Code, is amended by striking subsection (e).
    (e) Offers of Settlement.--
            (1) Administrative proceedings.--Section 504 of title 5,
        United States Code (as amended by subsection (d) of this
        section), is amended by adding at the end the following:
    ``(f)(1) At any time after the filing of an application for fees
and other expenses under this section, an agency from which a fee award
is sought may serve upon the applicant an offer of settlement of the
claims made in the application. If within 10 days after service of the
offer the applicant serves written notice that the offer is accepted,
either party may then file the offer and notice of acceptance together
with proof of service thereof.
    ``(2) An offer not accepted shall be deemed withdrawn. The fact
that an offer is made but not accepted shall not preclude a subsequent
offer. If any award of fees and expenses for the merits of the
proceeding finally obtained by the applicant is not more favorable than
the offer, the applicant shall not be entitled to receive an award for
attorneys' fees or other expenses incurred in relation to the
application for fees and expenses after the date of the offer.''.
            (2) Judicial proceedings.--Section 2412 of title 28, United
        States Code (as amended by subsection (d) of this section), is
        amended by inserting after subsection (d) the following:
    ``(e)(1) At any time after the filing of an application for fees
and other expenses under this section, an agency of the United States
from which a fee award is sought may serve upon the applicant an offer
of settlement of the claims made in the application. If within 10 days
after service of the offer the applicant serves written notice that the
offer is accepted, either party may then file the offer and notice of
acceptance together with proof of service thereof.
    ``(2) An offer not accepted shall be deemed withdrawn. The fact
that an offer is made but not accepted shall not preclude a subsequent
offer. If any award of fees and expenses for the merits of the
proceeding finally obtained by the applicant is not more favorable than
the offer, the applicant shall not be entitled to receive an award for
attorneys' fees or other expenses incurred in relation to the
application for fees and expenses after the date of the offer.''.
    (f) Elimination of Substantial Justification Standard.--
            (1) Administrative proceedings.--Section 504 of title 5,
        United States Code, is amended--
                    (A) in subsection (a)(1), by striking all beginning
                with ``, unless the adjudicative officer'' through
                ``expenses are sought''; and
                    (B) in subsection (a)(2), by striking ``The party
                shall also allege that the position of the agency was
                not substantially justified.''.
            (2) Judicial proceedings.--Section 2412(d) of title 28,
        United States Code, is amended--
                    (A) in paragraph (1)(A), by striking ``, unless the
                court finds that the position of the United States was
                substantially justified or that special circumstances
                make an award unjust'';
                    (B) in paragraph (1)(B), by striking ``The party
                shall also allege that the position of the United
                States was not substantially justified. Whether or not
                the position of the United States was substantially
                justified shall be determined on the basis of the
                record (including the record with respect to the action
                or failure to act by the agency upon which the civil
                action is based) which is made in the civil action for
                which fees and other expenses are sought.''; and
                    (C) in paragraph (3), by striking ``, unless the
                court finds that during such adversary adjudication the
                position of the United States was substantially
                justified, or that special circumstances make an award
                unjust''.
    (g) Reports to Congress.--
            (1) Administrative proceedings.--Not later than 180 days
        after the date of the enactment of this Act, the Administrative
        Conference of the United States shall submit a report to
        Congress--
                    (A) providing an analysis of the variations in the
                frequency of fee awards paid by specific Federal
                agencies under the provisions of section 504 of title
                5, United States Code; and
                    (B) including recommendations for extending the
                application of such sections to other Federal agencies
                and administrative proceedings.
            (2) Judicial proceedings.--Not later than 180 days after
        the date of the enactment of this Act, the Department of
        Justice shall submit a report to Congress--
                    (A) providing an analysis of the variations in the
                frequency of fee awards paid by specific Federal
                districts under the provisions of section 2412 of title
                28, United States Code; and
                    (B) including recommendations for extending the
                application of such sections to other Federal judicial
                proceedings.
    (h) Effective Date.--The provisions of this Act and the amendments
made by this Act shall take effect 30 days after the date of the
enactment of this Act and shall apply only to an administrative
complaint filed with a Federal agency or a civil action filed in a
United States court on or after such date.

Summary: Prohibits payment of fees and expenses awarded in such proceedings from appropriated funds of the Treasury's claims and judgements account. Deletes provisions barring taxpayer recovery of costs, fees, or other expenses awarded under the Internal Revenue Code. Specifies that: (1) at any time after the filing of an application for fees and other expenses an agency may offer a settlement of the claims made, (2) an offer not accepted shall be deemed withdrawn. And (3) if any award finally obtained by the applicant is not more favorable than the offer, the applicant shall not be entitled to receive an award for attorney's fees or other expenses incurred in relation to the application for fees and expenses after the date of the offer. Deletes requirements that a court find or a party allege that the position of the agency or of the United States was or was not substantially justified. Requires the Administrative Conference of the United States and the Department of Justice to report to the Congress on fee awards paid by Federal districts and agencies.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Transparency in Judgment Payments
Act of 2011''.

SEC. 2. DISCLOSURE OF PAYMENTS.

    Section 1304 of title 31, United States Code, is amended by adding
at the end the following:
    ``(d)(1) Not later than 30 days after the payment of a final
judgment, award, or compromise settlement under this section, the
Secretary of the Treasury shall publish electronically (including on a
dedicated, publicly accessible Web site), in a manner consistent with
applicable Federal privacy law--
            ``(A) the agency responsible for the payment;
            ``(B) a citation to the provision of law under which the
        claim was made;
            ``(C) the amount to be paid;
            ``(D) the amount of any interest to be paid;
            ``(E) the amount of any attorney fees to be paid; and
            ``(F) for any case filed in a court--
                    ``(i) the case number for the case that resulted in
                the judgment, award, or settlement; and
                    ``(ii) the court in which the case was filed.
    ``(2) The information published under paragraph (1) shall contain
separate sections for claims filed in court and administrative claims.
    ``(3)(A) The Secretary of the Treasury shall submit to the
Committee on the Judiciary and the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on the Judiciary
and the Committee on Oversight and Government Reform of the House of
Representatives a quarterly report that contains--
            ``(i) any information published under paragraph (1) during
        the preceding quarter; and
            ``(ii) a confidential appendix that includes, for each case
        or claim described in clause (i), the identity of the
        plaintiff, counsel for the plaintiff, and the defendant.
    ``(B) A report under subparagraph (A) shall be exempt from
disclosure under section 552 of title 5. For purposes of section 552 of
title 5, this paragraph shall be considered a statute described in
subsection (b)(3)(B) of such section 552.''.

SEC. 3. LITIGATION MANAGEMENT.

    (a) In General.--Chapter 6 of title 5, United States Code, is
amended by adding at the end the following:
``Sec. 613. Litigation management
    ``(a) Each agency, in consultation with the Attorney General of the
United States and consistent with applicable Federal privacy law, shall
submit to the Committee on Homeland Security and Governmental Affairs
of the Senate and the Committee on Oversight and Government Reform of
the House of Representatives an annual report describing--
            ``(1) any civil action filed or pending against the agency
        or any employee of the agency; and
            ``(2) any settlements entered by or final judgments entered
        against the agency or any employee of the agency.
    ``(b) The report required under subsection (a) shall include--
            ``(1) a summary of--
                    ``(A) the number of civil actions filed, pending,
                or settled;
                    ``(B) the number of civil actions for which more
                than 36 months have passed since the date the action
                was filed;
                    ``(C) the number of claims--
                            ``(i) made under a statute or regulation;
                        and
                            ``(ii) alleging a violation of a statute or
                        regulation;
                    ``(D) the number of judgments entered for and
                against the agency;
                    ``(E) the number of settlements or consent decrees
                involving the agency;
                    ``(F) the number of judgments entered under seal;
                    ``(G) the number of settlements or consent decrees
                involving a confidentiality agreement or order;
                    ``(H) the total amount of all judgments,
                settlements, and attorney fees paid by or on behalf of
                the agency; and
                    ``(I) the total number of agency rulemakings or
                other actions commenced due to a judgment or
                settlement;
            ``(2) for each filed or pending civil action, a summary of
        the action that--
                    ``(A) describes--
                            ``(i) the nature of the action;
                            ``(ii) the cause of action asserted,
                        including specific statutory references;
                            ``(iii) the nature and amount of relief
                        requested;
                            ``(iv) whether the plaintiff is a party to
                        any other litigation against the agency;
                            ``(v) whether a claim for attorney fees has
                        been made, and if so, the statutory basis for
                        the claim;
                            ``(vi) the date the action was filed; and
                            ``(vii) whether more than 36 months have
                        passed since the date the action was filed; and
                    ``(B) identifies--
                            ``(i) the court, the presiding judge, and
                        the case number; and
                            ``(ii) the plaintiff and counsel for the
                        plaintiff; and
            ``(3) for each settlement or final judgment, except a
        settlement or final judgment described in paragraph (4), a
        summary of the civil action that includes--
                    ``(A) the nature of the civil action;
                    ``(B) the amount of the payment or other relief
                granted or agreed;
                    ``(C) the amount of attorneys fees paid; and
                    ``(D) the nature of any rulemaking or other agency
                action commenced due to the settlement or judgment; and
            ``(4) for each settlement or final judgment involving a
        judgment under seal or a confidentiality agreement or order--
                    ``(A) the parties to the settlement or final
                judgment; and
                    ``(B) each cause of action alleged in the
                complaint.''.
    (b) Technical and Conforming Amendment.--The table of sections for
chapter 6 of title 5, United States Code, is amended by adding at the
end the following:

``613. Litigation management.''.

Summary: Transparency in Judgment Payments Act of 2011 - Requires the Secretary of the Treasury, not later than 30 days after the payment of a final judgment, award, or compromise settlement involving a federal agency, to publish electronically: (1) the agency responsible for the payment. (2) a citation to the law under which the claim was made. (3) the amount to be paid, including any interest and attorney fees. And (4) the court in which such claim was filed and the court case number. Requires each federal agency to submit annual reports to Congress describing: (1) any civil action filed or pending against such agency or an agency employee, and (2) any settlements entered by, or final judgments entered against, such agency or an agency employee.

A bill to increase transparency in the payment of judgments and settlements by agencies, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Consumer Checking Account Fairness
Act''.

SEC. 2. ADJUSTMENT OF CHECK HOLD PERIODS REQUIRED.

    (a) In General.--Section 603(d) of the Expedited Funds Availability
Act (12 U.S.C. 4002(d)) is amended by adding at the end the following
new paragraph:
            ``(3) Coordination with check clearing for the 21st century
        act.--
                    ``(A) In general.--The Board shall prescribe
                regulations under paragraph (1)--
                            ``(i) to reduce the time periods under
                        subsections (a), (b), or (e), in accordance
                        with the requirements of paragraph (1), to take
                        into account the time within which any
                        receiving institution can reasonably expect to
                        learn of the nonpayment of most items for each
                        category of checks under the Checking Clearing
                        for the 21st Century Act or the regulations
                        implementing such Act; and
                            ``(ii) to eliminate distinctions between
                        the schedules established under subsections
                        (a), (b), or (e) if the Board finds that such
                        distinctions no longer have any significance
                        for any category of checks under the Checking
                        Clearing for the 21st Century Act or the
                        regulations implementing such Act.
                    ``(B) Paragraph (2) adjustments.--The Board shall,
                by regulation, eliminate the extension provided under
                paragraph (2) for deposits of any category of checks if
                the Board finds that the extension has no substantial
                usefulness under the Checking Clearing for the 21st
                Century Act or the regulations implementing such
                Act.''.
    (b) Regulations.--The Board shall prescribe the regulations
required under the amendment made by subsection (a) in final form
before the end of the 6-month period beginning on the date of the
enactment of this Act.

SEC. 3. AMENDMENTS RELATING TO CHECKING ACCOUNT CONSUMERS.

    (a) Deposits at Proprietary ATMs.--Section 603(a)(2) of the
Expedited Funds Availability Act (12 U.S.C. 4002(a)(2)) is amended--
            (1) in subparagraphs (B)(ii) and (C)(ii), by inserting ``or
        is deposited at a proprietary ATM'' before the semicolon at the
        end of each such subparagraph; and
            (2) in subparagraph (E), by inserting ``, or a check
        deposited at a proprietary ATM,'' after ``deposited in a branch
        of a depository institution''.
    (b) Limitation on Certain Fees During Check Hold Period.--Section
607 of the Expedited Funds Availability Act (12 U.S.C. 4006) is amended
by adding at the end the following new subsection:
    ``(f) Limitation on Certain Fees During Check Hold Period.--If a
receiving depository institution has received a provisional or final
settlement with respect to a check deposited in an account at the
depository institution and such depository institution has not yet made
the proceeds of the deposit available to the accountholder, the
receiving depository institution may not assess any fee for an
overdraft, or any fee associated with the payment of an overdraft, that
would not have occurred if such funds so deposited were available.''.
    (c) Credits Required to Be Posted Before Debits.--Section 607 of
the Expedited Funds Availability Act (12 U.S.C. 4006) is amended by
inserting after subsection (f) (as added by subsection (b) of this
section) the following new subsection:
    ``(g) Order of Posting.--In the process of posting credits and
debits against a checking account used primarily for personal, family,
or household purposes after the close of any business day, the
receiving depository institution shall credit all deposits to the
account before debiting any check drawn on the account and presented to
the depository institution for payment.''.
    (d) Saturdays May Be Treated as Business Days.--Section 602(3) of
the Expedited Funds Availability Act (12 U.S.C. 4001(3)) is amended by
adding at the end the following new sentence: ``For purposes of this
title, however, Saturday shall be treated as a business day in the
calculation of any period within which funds deposited in an account at
a receiving depository institution are required be made available under
this title, if with respect to checks received by the depository
institution for which it is the originating institution, the depository
institution debits accounts on Saturdays for such checks.''.
    (e) Reduction in Check Holds for Nonlocal Check Deposits.--Section
603(b)(2) of the Expedited Funds Availability Act (12 U.S.C.
4002(b)(2)) is amended by striking ``not more than 4 business days
shall intervene between'' and inserting ``funds shall be made available
on the 2nd business day after''.
    (f) Adjustment for Inflation for Large Check Limitation.--
            (1) In general.--Section 604(a)(3) of the Expedited Funds
        Availability Act (12 U.S.C. 4003(a)(3)) is amended by striking
        ``$5,000'' each place such term appears and inserting
        ``$7,500''.
            (2) Clerical amendment.--The paragraph heading for section
        604(a)(3) of the Expedited Funds Availability Act is amended by
        striking ``$5,000'' and inserting ``$7,500''.
    (g) Adjustment for Small Deposit Availability.--
            (1) In general.--Section 603(a)(2)(D) of of the Expedited
        Funds Availability Act (12 U.S.C. 4002(a)(2)(D)) is amended by
        striking ``$100'' and inserting ``$500''.
            (2) Technical and conforming amendment.--The heading for
        subparagraph (C) of section 603(b)(3) of the Expedited Funds
        Availability Act (12 U.S.C. 4002(b)(3)(C)) is amended by
        striking ``$100 availability'' and inserting ``Coordination
        with other amount available''.
    (h) Fees for Services not Requested.--Section 607 of the Expedited
Funds Availability Act (12 U.S.C. 4006) is amended by inserting after
subsection (g) (as added by subsection (c) of this section) the
following new subsection:
    ``(h) Fees for Services not Requested.--No depository institution
may impose any fee for paying any check drawn on an account in spite of
a lack of sufficient funds in the account to pay such check or any
similar activity (commonly referred to as `bounce protection') unless
the accountholder has affirmatively requested such service.''.
    (i) Clarification of Preemption.--Section 608 of the Expedited
Funds Availability Act (12 U.S.C. 4007) is amended--
            (1) in subsection (b)--
                    (A) by inserting ``or (c)'' after ``subsection
                (a)''; and
                    (B) by inserting ``, but only to the extent of any
                such inconsistency'' before the period at the end; and
            (2) by adding at the end the following new subsection:
    ``(c) Clarification of Inconsistency.--A State law shall not be
construed as inconsistent with this title, or any regulation prescribed
under this title, if the protection such law affords the consumer by
such law is greater than the protection afforded by this title. For
purposes of determining congressional intent with respect to
preemption, the purpose of this title shall be construed to be the
establishment of a minimum basis of protection for the consumer and not
the creation of a uniform national rule.''.

SEC. 4. RECREDIT FOR ALL CONSUMERS UNLESS SUBSTITUTE CHECKS ARE
              PROVIDED WITHOUT COST UPON REQUEST.

    Section 7(b) of the Checking for the 21st Century Act (12 U.S.C.
5006(b)) is amended by adding at the end the following new paragraph:
            ``(3) Fees for substitute checks.--If any bank that holds
        the account of a consumer imposes any fee for producing a copy
        of a substitute check for such consumer with respect to such
        account, the expedited recredit process established under this
        section shall be available for all charges initiated by check
        against any such account regardless of whether a substitute
        check was involved or was provided to the consumer.''.

Summary: Consumer Checking Account Fairness Act - Amends the Expedited Funds Availability Act to direct the Board of Governors of the Federal Reserve System to prescribe regulations to: (1) reduce the expedited funds availability time periods to take into account the time within which any receiving institution can reasonably expect to learn of the nonpayment of most items for each category of checks under the Checking Clearing for the 21st Century Act or its implementing regulations. And (2) eliminate distinctions between the time period schedules if the Board finds that they no longer have any significance for any category of checks under such Act or regulations. Extends the next business day availability requirement to funds deposited at a proprietary ATM. Sets a limit upon certain overdraft fees imposed during a check hold period. Requires a depository institution to credit all deposits to a consumer checking account before debiting any check drawn on the account and presented for payment. Requires that Saturday be treated as a business day in the calculation of any period within which funds deposited in an account are required to be made available if the depository institution debits accounts on Saturdays for checks received. Reduces from four business days to two business days the mandatory check hold period on funds deposited by nonlocal checks. Prohibits a depository institution from imposing a fee for paying any check drawn on an account which lacks sufficient funds unless the accountholder has requested check protection service. Amends the Check 21 Act to provide that if a bank that holds the account of a consumer imposes any fee for producing a copy of a substitute check, the expedited recredit process shall be available for all charges initiated by check against the account regardless of whether a substitute check was involved or provided to the consumer.

To amend the Expedited Funds Availability Act to redress imbalances between the faster withdrawals permitted under the Check 21 Act and the slower rates for crediting deposits, and for other purposes.