SECTION 1. SHORT TITLE; REFERENCES.

    (a) Short Title.--This Act may be cited as the ``Expanding
International Education for All Act''.
    (b) References.--Except as otherwise expressly provided, whenever
in this Act an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the reference
shall be considered to be made to a section or other provision of the
Higher Education Act of 1965 (20 U.S.C. 1001 et seq.).

SEC. 2. UNDERGRADUATE INTERNATIONAL STUDIES AND FOREIGN LANGUAGE
              PROGRAMS.

    (a) Incentives for Program Creation.--Section 604(a) (20 U.S.C.
1124(a)) is amended to read as follows:
    ``(a) Incentives for the Creation of Undergraduate International
Studies and Foreign Language Programs.--
            ``(1) Authority.--The Secretary is authorized to make
        grants to baccalaureate degree granting institutions, community
        and junior colleges of higher education, or consortia of such
        institutions (which may include graduate schools as part of a
        consortia that serves undergraduates), to pay the Federal share
        of the cost of planning and establishing a foreign language
        program, an international studies program, or a business and
        international education program at the undergraduate level.
            ``(2) Use of funds.--Funds appropriated for the purpose of
        carrying out this part may be used in conjunction with
        institutional resources and private sector funds, as required
        by paragraph (3), for--
                    ``(A) planning for the development and expansion of
                undergraduate programs in international studies;
                    ``(B) teaching, research, curriculum planning and
                development, and other related activities;
                    ``(C) training of faculty members in foreign
                countries;
                    ``(D) acquisition of research and instructional
                materials;
                    ``(E) establishing and maintaining a network with
                other institutions of higher education and resource
                centers focused on strengthening foreign language study
                and international studies programs;
                    ``(F) expansion of existing and development of new
                opportunities for learning foreign languages, including
                the less commonly taught languages;
                    ``(G) international education programs designed to
                develop or enhance linkages between 2- to 4-year
                institutions of higher education, or baccalaureate and
                postbaccalaureate programs or institutions;
                    ``(H) the development or expansion of undergraduate
                study abroad in which study abroad opportunities are
                not otherwise available or which serve students for
                whom such opportunities are not otherwise available and
                which provide courses that are closely related to on-
                campus foreign language and international studies
                curricula;
                    ``(I) in-service and faculty development activities
                designed to strengthen instruction and research
                capacity of the institution;
                    ``(J) faculty travel in foreign areas, regions, and
                countries; and
                    ``(K) the integration of new study abroad
                opportunities for undergraduate students into curricula
                of specific degree programs.
            ``(3) Non-federal share.--The non-Federal share of the cost
        of the programs assisted under this subsection may be provided
        in cash in an amount equal to one-third of the total requested
        grant amount, or may be provided as an in-cash or in-kind
        contribution equal in value to one-half of the total requested
        grant amount. Such contribution may be composed of both
        institutional and noninstitutional funds, including State and
private sector corporation or foundation contributions.
            ``(4) Grant conditions.--Grants under this subsection shall
        be made on such conditions as the Secretary determines are
        necessary to carry out the objectives of this part. The
        conditions shall include--
                    ``(A) evidence that the institution of higher
                education, or consortium of such institutions, has
                conducted extensive planning prior to submitting its
                application for a grant under this subsection
                concerning the steps taken by each institution with
                respect to planning for the establishment of a foreign
                language, international studies program or
                international business program, and with respect to the
                design of its program in accordance with paragraph (2);
                    ``(B) assurance that the faculty and staff of all
                relevant departments and programs within the
                institution are involved in ongoing collaboration with
                regard to achieving the stated objectives of the
                application, including business and management, related
                foreign language, international studies, international
                affairs careers, and other professional schools or
                departments as appropriate;
                    ``(C) assurance that students at the applicant
                institution, and all consortium institutions, as
                appropriate, will have access to the programs of and
                derive benefits from the planned program as it is
                developed; and
                    ``(D) assurance that each institution of higher
                education will use the Federal assistance provided
                under this subsection to supplement and not supplant
                institutional funds and activities provided by the
                institution prior to the receipt of Federal funds.''.
    (b) Support for International Education.--Section 609 (20 U.S.C.
1126) is amended by striking subsection (c) and inserting the
following:
    ``(c) Support for Undergraduate Education.--Notwithstanding any
other provision of this title, the Secretary is authorized in each
fiscal year to reserve for section 604 not more than 10 percent of the
total amount appropriated for this title in that fiscal year.''.
    (c) Technology Innovation.--Section 607 (20 U.S.C. 1125a) is
amended to read as follows:

``SEC. 607. TECHNOLOGICAL INNOVATION AND COOPERATION FOR FOREIGN
              INFORMATION ACCESS.

    ``(a) Authority.--The Secretary is authorized to make grants to
institutions of higher education, public or nonprofit private library
institutions, or consortia of such institutions, to develop innovative
techniques or programs using new electronic technologies to collect,
organize, preserve, and widely disseminate information on world regions
and countries other than the United States that address the Nation's
teaching and research needs in international education and foreign
languages.
    ``(b) Authorized Activities.--Grants under this section may be used
to--
            ``(1) facilitate access to preserve foreign information
        resources in print or electronic forms;
            ``(2) develop new means of immediate, full text document
        delivery for information and scholarships from abroad;
            ``(3) develop new means of shared electronic access to
        international data;
            ``(4) support collaborative projects of indexing,
        cataloging, and other means of bibliographic access for
        scholars to important research materials published or
        distributed outside the United States;
            ``(5) develop methods for the wide dissemination of
        resources written in non-Roman language alphabets;
            ``(6) assist teachers of less commonly taught languages in
        acquiring, via electronic and other means, materials suitable
        for classroom use; and
            ``(7) promote collaborative technology-based projects in
        foreign languages, area and international studies among grant
        recipients under this title.
    ``(c) Application.--Each institution or consortium desiring a grant
under this section shall submit an application to the Secretary at such
time, in such matter, and accompanied by such information and
assurances as the Secretary may reasonably require.
    ``(d) Match Required.--The Federal share of the total cost of
carrying out a program supported by a grant under this section shall
not be more than 66\2/3\ percent. The non-Federal share of such a cost
may be provided in either in-kind or in cash, and may include
contributions from private sector corporations or foundations.''.

SEC. 3. MINORITY FOREIGN SERVICE PROFESSIONAL DEVELOPMENT.

    (a) Non-Federal Share and Source of Funds.--Section 621(e) is
amended--
            (1) by striking ``one-fourth'' and inserting ``one-half'';
        and
            (2) by adding at the end the following new sentence: ``The
        non-Federal contribution must be made by private sector
        contributions.''.
    (b) Institutional Development.--Part C of title VI is amended--
            (1) by redesignating sections 622 through 627 as sections
        623 through 628, respectively; and
            (2) by inserting after section 621 the following new
        section:

``SEC. 622. INSTITUTIONAL DEVELOPMENT.

    ``(a) In General.--The Institute shall make grants, from amounts
available to it in each fiscal year, to Historically Black Colleges and
Universities, Hispanic-serving institutions, Tribally Controlled Indian
Community Colleges, and minority institutions, to enable such colleges,
universities, and institutions to strengthen international affairs
programs.
    ``(b) Application.--No grant may be made by the Institute unless an
application is made by the college, university, or institution at such
time, in such manner, and accompanied by such information as the
Institute may require.
    ``(c) Definitions.--As used in this section:
            ``(1) Historically black colleges and universities.--The
        term `Historically Black Colleges and Universities' has the
        meaning given the term `part B institution' by section 322(2)
        of this Act.
            ``(2) Hispanic-serving institution.--The term `Hispanic-
        serving institution' has the same meaning given the term by
        section 316(b)(1) of this Act.
            ``(3) Tribally controlled indian community college.--The
        term `Tribally Controlled Indian Community College' has the
        same meaning given that term by the Tribally Controlled
        Community College Assistance Act of 1978.
            ``(4) Minority institution.--The term `minority
        institution' has the same meaning given that term in section
        101(14) of this Act.''.

SEC. 4. JUNIOR YEAR AND SUMMER ABROAD PROGRAM.

    (a) Institute Share of Cost.--Section 623(c)(2) (as redesignated by
section 3(b) of this Act) is amended by striking ``one-half'' and
inserting ``one-third''.
    (b) Summer Abroad.--Section 623 (as redesignated) is amended by
adding at the end the following new subsection:
    ``(d) Summer Abroad Program.--The Institute is authorized to carry
out, by grant or contract, a summer abroad program. The summer abroad
program shall be open to the eligible students described in subsections
(a) and (b) of this section. An institution of higher education
desiring to participate in the summer abroad program shall enter into a
memorandum of understanding with the Institute, containing provisions
which are consistent with subsection (c) of this section.''.
    (c) Technical Amendment.--The heading of section 623 (as so
redesignated) is amended by inserting before the period in the heading:
``and summer abroad program''.

SEC. 5. POSTBACCALAUREATE INTERNSHIPS.

    Section 625 (as redesignated by section 3(b) of this Act) is
amended--
            (1) by inserting before the first sentence the following
        new subsection heading: ``(a) In General.--''; and
            (2) by adding at the end the following new subsection:
    ``(b) Washington Internship Program.--The Institute shall enter
into agreements with institutions of higher education described in the
first sentence of subsection (a) to conduct internships in Washington,
District of Columbia, for students who have completed study for the
baccalaureate degree. The Internship program authorized by this
subsection shall--
            ``(1) be designated to assist the students to prepare for a
        Master's degree program;
            ``(2) be carried out with the assistance of the Woodrow
        Wilson Fellowship Program;
            ``(3) contain work experience for the students designated
        to contribute to the objectives set forth in paragraph (1); and
            ``(4) contain such other elements as the Institute
        determines will carry out the objectives of this subsection.''.

SEC. 6. INTERAGENCY COMMITTEE ON MINORITY CAREERS IN INTERNATIONAL
              AFFAIRS.

    Part C of title VI is further amended--
            (1) by redesignating section 628 (as redesignated by
        section 3(b) of this Act) as section 629; and
            (2) by inserting after section 627 the following new
        section:

``SEC. 628. INTERAGENCY COMMITTEE ON MINORITY CAREERS IN INTERNATIONAL
              AFFAIRS.

    ``(a) Establishment.--There is established in the executive branch
of the Federal Government an Interagency Committee on Minority Careers
in International Affairs composed of 7 members. The members are--
            ``(1) the Under Secretary for International Affairs and
        Commodity Programs of the Department of Agriculture, appointed
        by the Secretary of Agriculture;
            ``(2) the Assistant Secretary and Director General, the
        Commercial Service of the Department of Commerce, appointed by
        the Secretary of Commerce;
            ``(3) the Under Secretary of Defense for Personnel and
        Readiness of the Department of Defense, appointed by the
        Secretary of Defense;
            ``(4) the Assistant Secretary for Postsecondary Education
        in the Department of Education, appointed by the Secretary of
        Education;
            ``(5) the Director General of the Foreign Service of the
        Department of State, appointed by the Secretary of State;
            ``(6) the General Counsel of the Agency for International
        Development, appointed by the Administrator; and
            ``(7) the Associate Director for Educational and Cultural
        Affairs of the United States Information Agency, appointed by
        the Director.
    ``(b) Functions.--The Interagency Committee established by this
section shall--
            ``(1) advise the Secretary and the Institute with respect
        to programs authorized by this part; and
            ``(2) promote policies in each department and agency
        participating on the committee that are designed to carry out
        the objectives of this part.''.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    The text of section 629 (as redesignated by section 6 of this Act)
is amended to read as follows:
    ``There is authorized to be appropriated $5,000,000, for fiscal
year 1999, and such sums as may be necessary for the fiscal years 2000,
2001, 2002, and 2003 to carry out this part.''.

Summary: Expanding International Education for All Act - Amends the Higher Education Act of 1965 to revise title VI . Revises part A with respect to incentive grants for the creation of undergraduate international studies and foreign language programs. Allows graduate schools, along with baccalaureate degree granting institutions and community and junior colleges of higher education, to be included as part of a consortium that serves undergraduates and is eligible for a grant. Revises the Federal and non-Federal shares of the cost of planning and establishing at the undergraduate level: (1) a foreign language program, (2) an international studies program. Or (3) a business and international education program. Revises allowable uses of grant funds to include: (1) acquisition of research and instructional materials. (2) establishment of a network with other institutions of higher education and resource centers focused on strengthening foreign language study and international studies programs. (3) development of new opportunities for learning foreign languages, including the less commonly taught languages. (4) international education programs designed to develop or enhance linkages between two- to four-year institutions of higher education, or baccalaureate and postbaccalaureate programs or institutions. (5) in-service and faculty development activities designed to strengthen instruction and research capacity of the institution. And (6) faculty travel in foreign areas, regions, and countries. Establishes certain grant conditions. Establishes, under part A, a program of discretionary grants for technological innovation and cooperation for foreign information access. Revises part C with respect to the non-Federal share and source of funds for minority foreign service professional development. Directs the Institute to make institutional development grants to strengthen international affairs programs at Historically Black Colleges and Universities, Hispanic-serving institutions, Tribally Controlled Indian Community Colleges, and minority institutions. Revises the Institute's share of the cost of the junior year program. Authorizes the Institute to carry out a summer abroad program. Directs the Institute to enter into agreements with specified types of institutions of higher education to conduct postbaccalaureate internships in Washington, D. C. with work experience to assist the students to prepare for a Master's degree program. Requires such internship program to be carried out with the assistance of the Woodrow Wilson Fellowship Program. Establishes in the executive branch an Interagency Committee on Minority Careers in International Affairs to: (1) advise the Secretary and the Institute on part C programs. And (2) promote policies in furtherance of part C objectives in each participating department and agency. Extends through FY 2003 the authorization of appropriations for part C.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Ports-to-Forts Act of 2012''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Seaports serve vital national interests by supporting
        the mobilization and deployment of United States troops,
        facilitating the flow of trade, and creating jobs.
            (2) The Commercial Strategic Seaport Grant Program is
        designed to facilitate the movement of military forces securely
        through United States seaports with minimal disruptions to
        commerce.
            (3) The exponential growth of commercial cargo over the
        past 20 years has generated concern over the potential for
        conflict between military and commercial needs and about the
        future adequacy of the commercial strategic seaport
        infrastructure to meet national security requirements.
            (4) The existing infrastructure at seaports may not be
        readily available when required by the Department of Defense.

SEC. 3. COMMERCIAL STRATEGIC SEAPORT GRANT PROGRAM.

    (a) In General.--The Maritime Administrator, subject to the
availability of appropriations, may make a grant to a State or port
authority to assist that State or port authority to conduct repair or
construction activities relating to a commercial strategic seaport.
    (b) Application.--
            (1) In general.--To be eligible for a grant under this
        section, a State or port authority shall submit to the
        Administrator, by not later than 1 year after publication of
        notice under paragraph (2), an application in such form and
        containing such information as the Administrator may require.
        The application shall include, at a minimum, a certification
        that any grant funds received by the State or port authority
        shall be used only as provided under subsection (c).
            (2) Notice.--Not later than 180 days after the date of
        enactment of this Act, the Administrator shall, in the Federal
        Register, publish notice that applications are being accepted
        for grants under subsection (a).
            (3) Application acceptability.--If the Administrator
        determines that an application received under paragraph (1) is
        incomplete or unacceptable, the Administrator shall--
                    (A) reject the application; and
                    (B) advise the State or port authority that
                submitted the application of the reasons for the
                rejection.
            (4) Reapplication.--If the Administrator rejects a State's
        or port authority's application under paragraph (1), that State
        or port authority may submit an additional application under
        that paragraph not later than the end of the 1-year application
        period established under that paragraph.
    (c) Use of Funds.--
            (1) State.--A State that receives a grant under subsection
        (a) may only use funds from such grant for direct or indirect
        costs of repair or construction activities relating to--
                    (A) a commercial strategic seaport; or
                    (B) bridges, roads, rail systems, and other
                infrastructure in the vicinity of such seaport.
            (2) Port authority.--A port authority that receives a grant
        under subsection (a) may only use funds from such grant for
        direct or indirect costs of repair or construction activities
        relating to infrastructure that is part of the commercial
        strategic seaport.
    (d) Reporting Requirement.--Not later than 1 year after the date on
which a State or port authority receives a grant under subsection (a),
and annually thereafter until all repair or construction activities to
be carried out under the grant are completed, the State or port
authority shall submit a report to the Administrator that includes--
            (1) a description of the progress made with respect to such
        activities; and
            (2) a detailed list of all expenses related to such
        activities.
    (e) Authorization of Use of Department of Defense Appropriations.--
Such sums as are necessary to carry out this section may be used by the
Maritime Administrator from any amounts otherwise appropriated for the
Department of Defense after the date of the enactment of this Act.
    (f) Definitions.--In this section:
            (1) Commercial strategic seaport.--The term ``commercial
        strategic seaport'' means a port (including bridges, roads,
        rail systems, and other infrastructure that is part of the
        port) that the Secretary of Defense has determined to be vital
        to the readiness and cargo throughput capacity of the
        Department of Defense.
            (2) Port authority.--The term ``port authority'' means a
        local port authority with jurisdiction over a commercial
        strategic seaport.
            (3) State.--The term ``State'' means each of the several
        States of the United States and Guam.

Summary: Ports-to-Forts Act of 2012 - Directs the Administrator of the Maritime Administration to make grants to states or port authorities to cover the direct or indirect costs for repair or construction of: (1) commercial strategic seaports. Or (2) bridges, roads, rail systems, and other infrastructure near such seaports.

To authorize the Maritime Administrator to make grants to States or port authorities to cover the cost of repair and construction activities relating to certain commercial strategic seaports, and for other purposes.


SECTION 1. EXTENSION OF AUTHORITY TO MAYOR OF THE DISTRICT OF COLUMBIA.

    (a) Mayor as Commander-in-Chief.--Section 6 of the Act entitled
``An Act to provide for the organization of the militia of the District
of Columbia, and for other purposes'', approved March 1, 1889 (sec. 39-
109, D.C. Code), is amended by striking out ``President of the United
States'' and inserting in lieu thereof ``Mayor of the District of
Columbia''.
    (b) Reserve Corps.--Section 72 of such Act (sec. 39-107, D.C. Code)
is amended by striking out ``President of the United States'' and
inserting in lieu thereof ``Mayor of the District of Columbia''.
    (c) Appointment of Commissioned Officers.--(1) Section 7(a) of such
Act (sec. 39-301(a), D.C. Code) is amended--
            (A) by striking out ``President of the United States'' and
        inserting in lieu thereof ``Mayor of the District of
        Columbia''; and
            (B) by striking out ``President.'' and inserting in lieu
        thereof ``Mayor.''.
    (2) Section 9 of such Act (sec. 39-304, D.C. Code) is amended by
striking out ``President'' and inserting in lieu thereof ``Mayor of the
District of Columbia''.
    (3) Section 13 of such Act (sec. 39-305, D.C. Code) is amended by
striking out ``President of the United States'' and inserting in lieu
thereof ``Mayor of the District of Columbia''.
    (4) Section 19 of such Act (sec. 39-311, D.C. Code) is amended--
            (A) in subsection (a), by striking out ``to the Secretary
        of the Army'' and all that follows through ``which board'' and
        inserting in lieu thereof ``to a board of examination appointed
        by the Commanding General, which''; and
            (B) in subsection (b), by striking ``the Secretary of the
        Army'' and all that follows through the period and inserting in
        lieu thereof ``the Mayor of the District of Columbia, together
        with any recommendations of the Commanding General.''.
    (5) Section 20 of such Act (sec. 39-312, D.C. Code) is amended--
            (A) by striking out ``President of the United States'' each
        place it appears and inserting in lieu thereof ``Mayor of the
        District of Columbia''; and
            (B) by striking out ``the President may retire'' and
        inserting in lieu thereof ``the Mayor may retire''.
    (d) Call for Duty.--(1) Section 45 of such Act (sec. 39-603, D.C.
Code) is amended by striking out ``, or for the United States Marshal''
and all that follows through ``shall thereupon order'' and inserting in
lieu thereof ``to order''.
    (2) Section 46 of such Act (sec. 39-604, D.C. Code) is amended by
striking out ``the President'' and inserting in lieu thereof ``the
Mayor of the District of Columbia''.
    (e) General Courts Martial.--Section 51 of such Act (sec. 39-803,
D.C. Code) is amended by striking out ``the President of the United
States'' and inserting in lieu thereof ``the Mayor of the District of
Columbia''.

SEC. 2. CONFORMING AMENDMENTS TO TITLE 10, UNITED STATES CODE.

    (a) Consent for Active Duty or Relocation.--(1) Section 672 of
title 10, United States Code, is amended--
            (A) in subsection (b), by striking out ``commanding general
        of the District of Columbia National Guard'' in the second
        sentence and inserting in lieu thereof ``Mayor of the District
        of Columbia''; and
            (B) in subsection (d), by striking out ``governor or other
        appropriate authority of the State or Territory, Puerto Rico,
        or the District of Columbia'' and inserting in lieu thereof
        ``Governor of the State, Territory, or Puerto Rico or the Mayor
        of the District of Columbia''.
    (2) Section 2238 of such title is amended by striking out ``, in
the case of the District of Columbia, the commanding general of the
National Guard of the District of Columbia'' and inserting in lieu
thereof ``the Mayor of the District of Columbia, as the case may be''.
    (3) Section 3500 of such title is amended by striking out ``, in
the District of Columbia, through the commanding general of the
National Guard of the District of Columbia'' in the second sentence and
inserting in lieu thereof ``the Mayor of the District of Columbia, as
the case may be''.
    (4) Section 4301(c) of such title is amended by striking out
``governor or other appropriate authority of the State or Territory,
Puerto Rico, or the District of Columbia'' and inserting in lieu
thereof ``Governor of the State, Territory, or Puerto Rico or the Mayor
of the District of Columbia''.
    (5) Section 8500 of such title is amended by striking out ``, in
the District of Columbia, through the commanding general of the
National Guard of the District of Columbia'' in the second sentence and
inserting in lieu thereof ``the Mayor of the District of Columbia, as
the case may be''.
    (6) Section 9301(c) of such title is amended by striking out
``governor or other appropriate authority of the State or Territory,
Puerto Rico, or the District of Columbia'' and inserting in lieu
thereof ``Governor of the State, Territory, or Puerto Rico or the Mayor
of the District of Columbia''.
    (b) Consent for Personnel Actions.--(1) Section 269(g) of such
title is amended by striking out ``governor or other appropriate
authority of the State or Territory, Puerto Rico, or the District of
Columbia'' and inserting in lieu thereof ``Governor of the State,
Territory, or Puerto Rico or the Mayor of the District of Columbia''.
    (2) Section 270(c) of such title is amended by striking out
``commanding general of the District of Columbia National Guard'' in
the first sentence and inserting in lieu thereof ``Mayor of the
District of Columbia''.
    (3) Section 3259 of such title is amended by striking out
``governor or other appropriate authority of the State or Territory,
Puerto Rico, or the District of Columbia'' in the first sentence and
inserting in lieu thereof ``Governor of the State, Territory, or Puerto
Rico or the Mayor of the District of Columbia''.
    (4) Section 3352(a) of such title is amended by striking out
``governor or other appropriate authority of the State or Territory,
Puerto Rico, or the District of Columbia'' in the first sentence and
inserting in lieu thereof ``Governor of the State, Territory, or Puerto
Rico or the Mayor of the District of Columbia''.
    (5) Section 3364 of such title is amended--
            (A) in subsection (g), by striking out ``governor or other
        appropriate authority of the State, Territory or Puerto Rico,
        or the commanding general of the District of Columbia National
        Guard'' and inserting in lieu thereof ``Governor of the State,
        Territory, or Puerto Rico or the Mayor of the District of
        Columbia''; and
            (B) in subsection (j), by striking out ``governor or other
        appropriate authority of the State, Territory or Puerto Rico,
        or the commanding general of the District of Columbia National
        Guard'' and inserting in lieu thereof ``Governor of the State,
        Territory, or Puerto Rico or the Mayor of the District of
        Columbia''.
    (6) Section 3370(d) of such title is amended by striking out
``governor or other appropriate authority of the State, Territory, or
Puerto Rico, or the commanding general of the District of Columbia
National Guard'' in the fourth sentence and inserting in lieu thereof
``Governor of the State, Territory, or Puerto Rico or the Mayor of the
District of Columbia''.
    (7) Section 8259 of such title is amended by striking out
``governor or other appropriate authority of the State or Territory,
Puerto Rico, or the District of Columbia'' in the first sentence and
inserting in lieu thereof ``Governor of the State, Territory, or Puerto
Rico or the Mayor of the District of Columbia''.
    (8) Section 8352(a) of such title is amended by striking out
``governor or other appropriate authority of the State or Territory,
Puerto Rico, or the District of Columbia'' and inserting in lieu
thereof ``Governor of the State, Territory, or Puerto Rico or the Mayor
of the District of Columbia''.

SEC. 3. CONFORMING AMENDMENTS TO TITLE 32, UNITED STATES CODE.

    (a) Maintenance of Other Troops.--Section 109(c) of title 32,
United States Code, is amended by striking out ``(or commanding general
in the case of the District of Columbia)''.
    (b) Drug Interdiction and Counter-drug Activities.--Section
112(f)(2) of such title is amended by striking out ``the Commanding
General of the National Guard of the District of Columbia'' and
inserting in lieu thereof ``the Mayor of the District of Columbia''.
    (c) Appointment of Adjutant General.--Section 314 of such title is
amended--
            (1) by striking out subsection (b);
            (2) by redesignating subsections (c) and (d) as subsections
        (b) and (c), respectively; and
            (3) in subsection (b) (as so redesignated)--
                    (A) by inserting ``, at the request of the Mayor of
                the District of Columbia,''; and
                    (B) by striking out ``recommended for that detail
                by the commanding general of the District of Columbia
                National Guard''.
    (d) Personnel Matters.--(1) Section 327(a) of such title is amended
by striking out ``the commanding general of the National Guard of the
District of Columbia'' and inserting in lieu thereof ``the Mayor of the
District of Columbia, as the case may be''.
    (2) Section 331 of such title is amended by striking out ``its
commanding general'' and inserting in lieu thereof ``the Mayor of the
District of Columbia''.
    (3) Section 505 of such title is amended by striking out
``commanding general of the National Guard of the District of
Columbia'' in the first sentence and inserting in lieu thereof ``Mayor
of the District of Columbia''.
    (e) Issuance of Supplies.--Section 702(a) of such title is amended
by striking out ``commanding general of the National Guard of the
District of Columbia'' and inserting in lieu thereof ``Mayor of the
District of Columbia''.
    (f) Appointment of Fiscal Officer.--Section 708(a) of such title is
amended by striking out ``commanding general of the National Guard of
the District of Columbia'' and inserting in lieu thereof ``Mayor of the
District of Columbia''.

SEC. 4. CONFORMING AMENDMENTS TO THE NATIONAL GUARD CIVILIAN YOUTH
              OPPORTUNITIES PILOT PROGRAM.

    Section 1091 of the National Defense Authorization Act for Fiscal
Year 1993 (Public Law 102-484; 32 U.S.C. 501 note) is amended--
            (1) in subsection (d), by striking out ``commanding general
        of the District of Columbia National Guard'' and inserting in
        lieu thereof ``Mayor of the District of Columbia'';
            (2) in subsection (g)(3), by striking out ``commanding
        general of the District of Columbia National Guard'' and
        inserting in lieu thereof ``Mayor of the District of
        Columbia'';
            (3) in subsection (j)(1)--
                    (A) by striking out ``, in the case of the District
                of Columbia, the commanding general of the District of
                Columbia National Guard'' and inserting in lieu thereof
                ``the Mayor of the District of Columbia''; and
                    (B) by striking out ``or the commanding general''
                and inserting in lieu thereof ``or the Mayor of the
                District of Columbia'';
            (4) in subsection (j)(2), by striking out ``the commanding
        general of the District of Columbia National Guard'' and
        inserting in lieu thereof ``the Mayor of the District of
        Columbia''; and
            (5) in subsection (k)(2), by striking out ``the commanding
        general of the District of Columbia National Guard'' and
        inserting in lieu thereof ``the Mayor of the District of
        Columbia''.

SEC. 5. CONFORMING AMENDMENT TO THE DISTRICT OF COLUMBIA SELF-
              GOVERNMENT AND GOVERNMENTAL REORGANIZATION ACT.

    Section 602(b) of the District of Columbia Self-Government and
Governmental Reorganization Act (D.C. Code section 1-233(b)) is amended
by striking out ``the National Guard of the District of Columbia,''.

Summary: Amends the District of Columbia code to make the Mayor of the District of Columbia the Commander-in-Chief of the militia of the District with jurisdiction over: (1) the reserve corps, (2) the appointment of commissioned officers, (3) the call for duty, and (4) general courts-martial.

To extend to the Mayor of the District of Columbia the same authority with respect to the National Guard of the District of Columbia as the Governor of a State exercises with respect to the National Guard of that State.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Foreign Counterfeit Merchandise
Prevention Act''.

SEC. 2. EXCHANGE OF INFORMATION RELATED TO TRADE ENFORCEMENT.

    Section 1905 of title 18, United States Code, is amended--
            (1) by striking ``Whoever'' and inserting ``(a) In
        General.--Whoever''; and
            (2) by adding at the end the following:
    ``(b) Provision of Information Relating to Merchandise Presented to
Customs.--It shall not be a violation of this section for an officer or
employee of U.S. Customs and Border Protection, at the time that
merchandise is presented for examination and thereafter, to provide to
the owner of a copyright or a registered mark, or to any person who may
be injured by a violation of section 1201 of title 17--
            ``(1) any information appearing on the merchandise,
        including its retail packaging,
            ``(2) a sample of the merchandise and its retail packaging,
        or
            ``(3) digital images of the merchandise and its retail
        packaging,
as it was presented to U.S. Customs and Border Protection, without
redaction, whether imported into or exported from the United States, or
attempted to be exported from the United States, for purposes of
determining whether the merchandise or its retail packaging infringes
the copyright, bears or consists of a counterfeit mark of the
registered mark, or is in violation of section 1201 of title 17, as the
case may be.
    ``(c) Provision of Information Relating to Seized Merchandise.--It
shall not be a violation of this section for an officer or employee of
U.S. Customs and Border Protection, after seizing merchandise pursuant
to a determination that the merchandise is in violation of section 1201
of title 17, to provide, to persons injured by the violation,
information with respect to the merchandise, including, but not limited
to, the following:
            ``(1) The date of importation.
            ``(2) The port of entry.
            ``(3) The description of the merchandise from the entry.
            ``(4) The quantity involved.
            ``(5) The country of origin of the merchandise.
            ``(6) The name and address of the foreign manufacturer.
            ``(7) The name and address of the exporter.
            ``(8) The name and address of the importer.
            ``(9) Photographic or digital images of the merchandise.
    ``(d) Definitions.--As used in this section--
            ``(1) the term `registered mark' has the meaning given that
        term in section 45 of the Lanham Act (15 U.S.C. 1127);
            ``(2) the term `Lanham Act' has the meaning given that term
        in section 2320(e) of this title;
            ``(3) the term `counterfeit mark' has the meaning given
        that term in section 2320(e) of this title; and
            ``(4) the term `without redaction' means, with respect to
        merchandise, without removing, revising, or otherwise obscuring
        any information, codes, marks, numbers, or any other markings
        that appear on the merchandise or its retail packaging.
    ``(e) Rule of Construction.--Subsections (b), (c), and (d) apply
only with respect to tangible goods presented to U.S. Customs and
Border Protection for importation into, or exportation from, the United
States.''.

SEC. 3. PREVENTION OF IMPORTATION OF MANUFACTURED GOODS BEARING
              INFRINGING MARKS.

    (a) In General.--Section 42 of the Lanham Act (15 U.S.C. 1124), is
amended--
            (1) in the first sentence, by striking ``Except as'' and
        inserting ``(a) In General.--Except as'';
            (2) by striking ``of the Treasury'' each place it appears
        and inserting ``of Homeland Security''; and
            (3) by adding at the end the following:
    ``(b) Detention of Critical Merchandise.--With respect to critical
merchandise that bears a registered trademark recorded under subsection
(a), if U.S. Customs and Border Protection detains the merchandise
because the merchandise is suspected of bearing a counterfeit mark,
then, upon such detention, the Secretary--
            ``(1) shall provide to the owner of the registered
        trademark any information on the critical merchandise and its
        packaging and labels, including, without redaction, photographs
        or digital images of the critical merchandise, packaging, and
        labels; and
            ``(2) may, at any time, subject to any applicable bonding
        and return requirements, provide to the owner of the registered
        trademark samples of the critical merchandise, without
        redaction.
    ``(c) Definitions.--In this section:
            ``(1) Critical merchandise.--
                    ``(A) In general.--The term `critical merchandise'
                includes--
                            ``(i) aircraft engines, appliances,
                        propellers, and spare parts;
                            ``(ii) children's sleepwear;
                            ``(iii) cosmetics;
                            ``(iv) devices;
                            ``(v) drugs;
                            ``(vi) food;
                            ``(vii) motor vehicle equipment;
                            ``(viii) pesticide chemicals;
                            ``(ix) semiconductors;
                            ``(x) tobacco products;
                            ``(xi) any item on the United States
                        Munitions List established under section 38(a)
                        of the Arms Export Control Act (22 U.S.C.
                        2778(a)); and
                            ``(xii) any other article of manufacture
                        that the Secretary determines could, if
                        permitted entry into the United States in
                        violation of the laws of the United States pose
                        a danger to the health, safety, or welfare of
                        consumers, or to the national security of the
                        United States.
                    ``(B) Other definitions.--For purposes of
                subparagraph (A)--
                            ``(i) the terms `aircraft engine',
                        `appliance', `propeller', and `spare part' have
                        the meanings given those terms in section
                        40102(a) of title 49, United States Code;
                            ``(ii) the term `children's sleepwear' has
                        the meaning given that term in sections 1615.1
                        and 1616.2 of title 16, Code of Federal
                        Regulations, or successor regulations;
                            ``(iii) the terms `cosmetic', `device',
                        `drug', `food', `pesticide chemical', and
                        `tobacco product' have the meanings given those
                        terms in section 201 of the Federal Food, Drug,
                        and Cosmetic Act (21 U.S.C. 321);
                            ``(iv) the term `motor vehicle equipment'
                        has the meaning given that term in section
                        30102(a) of title 49, United States Code; and
                            ``(v) the term `semiconductor' means
                        `semiconductor chip product' as defined in
                        section 901 of title 17.
            ``(2) Secretary.--The term `Secretary' means the Secretary
        of Homeland Security.
            ``(3) Without redaction.--The term `without redaction'
        means, with respect to merchandise, without removing, revising,
        or otherwise obscuring any information, codes, marks, numbers,
        or any other markings that appear on the merchandise or its
        retail packaging.
    ``(d) Rule of Construction.--This section applies only with respect
to tangible goods presented to U.S. Customs and Border Protection for
importation into the United States.''.
    (b) Definition.--In this section, the term ``Lanham Act'' means the
Act entitled ``An Act to provide for the registration and protection of
trademarks used in commerce, to carry out the provisions of certain
international conventions, and for other purposes'', approved July 5,
1946 (15 U.S.C. 1051 et seq.).
    (c) Effective Date.--The amendments made by this section shall take
effect upon the expiration of the 60-day period beginning on the date
of the enactment of this Act.

Summary: Foreign Counterfeit Merchandise Prevention Act - Amends the federal criminal code to provide that it shall not be a violation of the prohibition against a federal employee disclosing trade secrets or other confidential or proprietary information for an officer or employee of US Customs and Border Protection (CBP): (1) at the time that merchandise is presented for examination and thereafter, to provide the owner of a copyright or a registered mark or any person who may be injured by a circumvention of copyright protection systems with any information appearing on the merchandise, including its retail packaging, or a sample or image of such merchandise and its retail packaging, for the purposes of determining whether the merchandise or its packaging infringes the copyright, bears or consists of a counterfeit mark of the registered mark, or is a violation of copyright protection systems. Or (2) after seizing merchandise determined to be in violation of copyright protection systems, to provide certain information to persons injured by such violation, including the date of importation, the port of entry, a description of the merchandise, the country of origin of the merchandise, the names and addresses of the foreign manufacturer, the exporter, and the importer, and a photographic or digital image of the merchandise. Applies such exemption only with respect to tangible goods presented to the CBP for importation into, or exportation from, the United States. Amends the Lanham Act to direct the Secretary of Homeland Security (DHS) to record and transmit to customs officers any contact information, documentation of the locality in which goods were manufactured, and copies of trademark registrations furnished by domestic or eligible foreign manufacturers or traders for the purpose of aiding the enforcement of a prohibition on the importation of goods bearing infringing marks or names. Requires the Secretary, if the CBP detains critical merchandise bearing a DHS-recorded registered trademark, to provide the trademark owner any information on such critical merchandise and its packaging and labels, including, without redaction, photographs or digital images, packaging, and labels. Permits the Secretary, subject to any bonding and return requirements, to provide the owner samples of the critical merchandise without redaction. Defines critical merchandise to include: (1) aircraft engines, appliances, propellers, and spare parts. (2) children's sleepwear, cosmetics, devices, drugs, food, motor vehicle equipment, pesticide chemicals, semiconductors, and tobacco products. (3) items on the US Munitions List established under specified provisions of the Arms Export Control Act. And (4) any other article of manufacture that the Secretary determines could, if permitted entry into the United States in violation of the US laws, pose a danger to the health, safety, or welfare of consumers, or to the national security of the United States. Applies such Lanham Act amendments only with respect to tangible goods presented to the CBP for importation into the United States.

To provide for the exchange of information related to trade enforcement, and for other purposes.


SECTION 1. CLEAN-FUEL VEHICLES USED BY ENTERPRISE ZONE BUSINESSES AND
              RENEWAL COMMUNITY BUSINESSES.

    (a) Empowerment Zones.--Part III of subchapter U of chapter 1 of
the Internal Revenue Code of 1986 (relating to additional incentives
for empowerment zones) is amended--
            (1) by redesignating subpart D as subpart E,
            (2) by redesignating sections 1397C, 1397D, 1397E, and
        1397F as sections 1397D, 1397E, 1397F, and 1397G, respectively,
        and
            (3) by inserting after subpart C the following new subpart:

            ``Subpart D--Incentives for Clean-Fuel Vehicles

                              ``Sec. 1397C. Incentives for clean-fuel
                                        vehicles.

``SEC. 1397C. INCENTIVES FOR CLEAN-FUEL VEHICLES.

    ``(a) Zone Clean Fuels Credit.--For purposes of section 38, in the
case of an eligible enterprise zone business, the amount of the zone
clean fuels credit determined under this section for the taxable year
is the sum of--
            ``(1) the zone clean-fuel property credit, and
            ``(2) the zone clean-burning fuel use credit.
    ``(b) Zone Clean-Fuel Property Credit.--
            ``(1) In general.--The zone clean-fuel property credit is
        the cost of--
                    ``(A) qualified clean-fuel vehicle property, plus
                    ``(B) qualified clean-fuel vehicle refueling
                property.
        The credit under this section with respect to any property
        shall be allowed for the taxable year in which such property is
        placed in service by the eligible enterprise zone business.
            ``(2) Limitations.--
                    ``(A) Qualified clean-fuel vehicle property.--The
                cost which may be taken into account under paragraph
                (1)(A) with respect to any motor vehicle shall not
                exceed--
                            ``(i) $2,000 in the case of a motor vehicle
                        not described in clause (ii) or (iii),
                            ``(ii) $5,000 in the case of any truck or
                        van with a gross vehicle weight rating greater
                        than 10,000 pounds but not greater than 26,000
                        pounds, or
                            ``(iii) $50,000 in the case of--
                                    ``(I) a truck or van with a gross
                                vehicle weight rating greater than
                                26,000 pounds, or
                                    ``(II) any bus which has a seating
                                capacity of at least 20 adults (not
                                including the driver).
                    ``(B) Qualified clean-fuel vehicle refueling
                property.--
                            ``(i) In general.--The aggregate cost which
                        may be taken into account under paragraph
                        (1)(B) with respect to qualified clean-fuel
                        vehicle refueling property placed in service by
                        the eligible enterprise zone business during
                        the taxable year at a location shall not exceed
                        the lesser of--
                                    ``(I) $100,000, or
                                    ``(II) the cost of such property
                                reduced by the amount described in
                                clause (ii).
                            ``(ii) Reduction for amounts previously
                        taken into account.--For purposes of clause
                        (i)(II), the amount described in this clause is
                        the sum of--
                                    ``(I) the aggregate amount taken
                                into account under paragraph (1)(B) for
                                all preceding taxable years, and
                                    ``(II) the aggregate amount taken
                                into account under section
                                179A(a)(1)(B) by the taxpayer (or any
                                related person or predecessor) with
                                respect to property placed in service
                                at such location for all preceding
                                taxable years.
                            ``(iii) Special rules.--For purposes of
                        this subparagraph, the provisions of
                        subparagraphs (B) and (C) of section 179A(b)(2)
                        shall apply.
    ``(c) Zone Clean-Burning Fuel Use Credit.--The zone clean-burning
fuel use credit is the amount equal to 50 cents for each gasoline
gallon equivalent of clean-burning fuel used by an eligible enterprise
zone business during the taxable year to propel qualified clean-fuel
vehicle property.
    ``(d) Definitions.--For purposes of this section--
            ``(1) Eligible enterprise zone business.--The term
        `eligible enterprise zone business' means--
                    ``(A) an enterprise zone business (as defined in
                section 1397D) located within an area that is an
                empowerment zone or enterprise community and that is
                within a nonattainment area (within the meaning of
                section 171 of the Clean Air Act (42 U.S.C. 7501)), and
                    ``(B) a trade or business located outside of an
                empowerment zone or enterprise community, but only with
                respect to qualified clean-fuel vehicle property used
                substantially within an area that is an empowerment
                zone or enterprise community and that is within a
                nonattainment area (within the meaning of section 171
                of the Clean Air Act (42 U.S.C. 7501)).
        For purposes of this paragraph, section 1397D shall be applied
        by substituting `empowerment zone or enterprise community' for
        `empowerment zone' each place it appears.
            ``(2) Clean-burning fuel.--The term `clean-burning fuel'
        has the meaning given to such term by section 179A, except that
        such term includes compressed natural gas.
            ``(3) Qualified clean-fuel vehicle property.--The term
        `qualified clean-fuel vehicle property' has the meaning given
        to such term by section 179A(c) without regard to paragraph (3)
        thereof, except that such term does not include property that
        is a motor vehicle propelled by a fuel that is not a clean-
        burning fuel.
            ``(4) Qualified clean-fuel vehicle refueling property.--The
        term `qualified clean-fuel vehicle refueling property' has the
        meaning given to such term by section 179A(d).
            ``(5) Gasoline gallon equivalent.--The term `gasoline
        gallon equivalent' means, with respect to any clean burning
        fuel, the amount (determined by the Secretary) of such fuel
        having a Btu content of 114,000.
    ``(e) Denial of Double Benefit.--No credit shall be allowed under
subsection (a) for any expense for which a deduction or credit is
allowed under any other provision of this chapter.''.
    (b) Renewal Communities.--Part III of subchapter X of chapter 1 of
the Internal Revenue Code of 1986 (relating to additional incentives
for renewal communities) is amended by adding at the end the following
new section:

``SEC. 1400K. RENEWAL COMMUNITY CLEAN FUELS CREDIT.

    ``(a) In General.--For purposes of section 1397C--
            ``(1) a renewal community shall be treated as an
        empowerment zone,
            ``(2) a renewal community business shall be treated as an
        enterprise zone business, and
            ``(3) qualified renewal property shall be treated as
        qualified zone property.''.
    (c) Credit Made Part of General Business Credit.--Subsection (b) of
section 38 of such Code (relating to current year business credit) is
amended by striking ``plus'' at the end of paragraph (11), by striking
the period at the end of paragraph (12) and inserting ``, plus'', and
by adding at the end thereof the following new paragraph:
            ``(13) the zone clean fuels credit determined under section
        1397C.''.
    (d) Denial of Double Benefit.--Section 280C of such Code (relating
to certain expenses for which credits are allowable) is amended by
adding at the end thereof the following new subsection:
    ``(d) Zone Clean Fuels Expenses.--No deduction shall be allowed for
that portion of expenses for clean-burning fuel otherwise allowable as
a deduction for the taxable year which is equal to the amount of the
credit determined for such taxable year under section 1397C.''.
    (e) Credit Allowed Against Regular and Minimum Tax.--
            (1) In general.--Subsection (c) of section 38 of such Code
        (relating to limitation based on amount of tax) is amended by
        redesignating paragraph (3) as paragraph (4) and by inserting
after paragraph (2) the following new paragraph:
            ``(3) Special rules for zone clean fuels credit.--
                    ``(A) In general.--In the case of the zone clean
                fuels credit--
                            ``(i) this section and section 39 shall be
                        applied separately with respect to the credit,
                        and
                            ``(ii) in applying paragraph (1) to the
                        credit--
                                    ``(I) subparagraph (A) thereof
                                shall not apply, and
                                    ``(II) the limitation under
                                paragraph (1) (as modified by subclause
                                (I)) shall be reduced by the credit
                                allowed under subsection (a) for the
                                taxable year (other than the zone clean
                                fuels credit).
                    ``(B) Zone clean fuels credit.--For purposes of
                this subsection, the term `zone clean fuels credit'
                means the credit allowable under subsection (a) by
                reason of section 1397B.''.
            (2) Conforming amendment.--Subclause (II) of section
        38(c)(2)(A)(ii) of such Code is amended by inserting ``or the
        zone clean fuels credit'' after ``employment credit''.
    (f) Limitation on Carryback.--Subsection (d) of section 39 of such
Code is amended by adding at the end the following new paragraph:
            ``(9) No carryback of zone clean fuels credit before
        effective date.--No portion of the unused business credit for
        any taxable year which is attributable to the credit determined
        under section 1397C may be carried back to any taxable year
        ending before the date of the enactment of section 1397C.''.
    (g) Deduction for Certain Unused Business Credits.--Subsection (c)
of section 196 of such Code is amended by striking ``and'' at the end
of paragraph (7), by striking the period at the end of paragraph (8)
and inserting ``, and'', and by adding after paragraph (8) the
following new paragraph:
            ``(9) the empowerment zone clean fuels credit determined
        under section 1397C.''.
    (h) Conforming Amendments.--
            (1) Paragraph (2) of section 1394(b) of such Code is
        amended--
                    (A) by striking ``section 1397D'' and inserting
                ``section 1397E'', and
                    (B) by striking ``section 1397D(a)(2)'' and
                inserting ``section 1397E(a)(2)''.
            (2) Paragraph (3) of section 1394(b) of such Code is
        amended--
                    (A) by striking ``section 1397C'' each place it
                appears and inserting ``section 1397D'', and
                    (B) by striking ``section 1397C(d)'' and inserting
                ``section 1397D(d)''.
            (3) Paragraph (3) of section 1394(f) of such Code is
        amended by striking ``sections 1397C and 1397D'' both places it
        appears and inserting ``sections 1397D and 1397E''.
            (4) Section 1397B(b)(1)(A)(ii) of such Code is amended by
        striking ``section 1397C'' and inserting ``section 1397D''.
            (5) Sections 1400(e), 1400B(c), and 1400G of such Code are
        each amended by striking ``section 1397C'' each place it
        appears and inserting ``section 1397D''.
            (6) Section 1400J(b) of such Code is amended by striking
        ``section 1397D'' each place it appears and inserting ``section
        1397E''.
            (7) Section 45D(d) of such Code is amended--
                    (A) in paragraph (2)(A)(v) by striking ``section
                1397C(e)'' and inserting ``section 1397D(e)'', and
                    (B) in paragraph (3) by striking ``section
                1397C(d)'' and inserting ``section 1397D(d)''.
            (8) Section 1202(a)(2) of such Code is amended by striking
        ``section 1397C(b)'' and inserting ``section 1397D(b)''.
            (9) The table of subparts for part III of subchapter U of
        chapter 1 of such Code is amended by striking the last item and
        inserting the following new items:

                              ``Subpart D. Incentives for Clean-Fuel
                                        Vehicles.
                              ``Subpart E. General provisions.''.
            (10) The table of sections for subpart E of such part III
        is amended to read as follows:

                              ``Sec. 1397E. Enterprise zone business
                                        defined.
                              ``Sec. 1397E. Qualified zone property
                                        defined.''.
            (11) The table of sections for part III of subchapter X of
        chapter 1 of such Code is amended by adding at the end the
        following new item:

                              ``Sec. 1400K. Renewal community clean
                                        fuels credit.''.
    (i) Effective Date.--The amendments made by this section shall
apply to property placed in service after December 31, 2000.

Summary: Amends the Internal Revenue Code to establish credits for the use of clean-fuel vehicles by businesses within empowerment zones, enterprise communities, and renewal communities.

To amend the Internal Revenue Code of 1986 to provide additional incentives for the use of clean-fuel vehicles by businesses within empowerment zones, enterprise communities, and renewal communities.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Safe Schools Improvement Act of
2017''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Bullying and harassment foster a climate of fear and
        disrespect that can seriously impair the physical and
        psychological health of its victims and create conditions that
        negatively affect learning, thereby undermining the ability of
        students to achieve their full potential.
            (2) Bullying and harassment contribute to high dropout
        rates, increased absenteeism, and academic underachievement.
            (3) Bullying and harassment include a range of behaviors
        that negatively impact a student's ability to learn and
        participate in educational opportunities and activities that
        schools offer. Such behaviors can include hitting or punching,
        name-calling, intimidation through gestures or social
        exclusion, and sending insulting or offensive messages through
        electronic communications, such as Internet sites, e-mail,
        instant messaging, mobile phones and messaging, telephone, or
        any other means.
            (4) Schools with enumerated anti-bullying and harassment
        policies have an increased level of reporting and teacher
        intervention in incidents of bullying and harassment, thereby
        reducing the overall frequency and number of such incidents.
            (5) Students have been particularly singled out for
        bullying and harassment on the basis of their actual or
        perceived race, color, national origin, sex, disability status,
        sexual orientation, gender identity, or religion, among other
        categories.
            (6) Some young people experience a form of bullying called
        relational aggression or psychological bullying, which harms
        individuals by damaging, threatening, or manipulating their
        relationships with their peers, or by injuring their feelings
        of social acceptance.
            (7) Interventions to address bullying and harassment
        conduct to create a positive and safe school climate, combined
        with evidence-based discipline policies and practices, such as
        Positive Behavior Interventions and Supports (PBIS) and
        restorative practices, can minimize suspensions, expulsions,
        and other exclusionary discipline policies to ensure that
        students are not ``pushed-out'' or diverted to the juvenile
        justice system.
            (8) According to one poll, 85 percent of Americans strongly
        support or somewhat support a Federal law to require schools to
        enforce specific rules to prevent bullying.
            (9) Students, parents, educators, and policymakers have
        come together to call for leadership and action to address the
        national crisis of bullying and harassment.

SEC. 3. SAFE SCHOOLS IMPROVEMENT.

    (a) In General.--Title IV of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7101 et seq.) is amended by adding at the end
the following:

                   ``PART G--SAFE SCHOOLS IMPROVEMENT

``SEC. 4701. PURPOSE.

    ``The purpose of this part is to address the problem of bullying
and harassment conduct of students in public elementary schools and
secondary schools.

``SEC. 4702. ANTI-BULLYING POLICIES.

    ``(a) Bullying.--In this part, the term `bullying' includes cyber-
bullying through electronic communications.
    ``(b) Policies.--A State that receives a grant under this title
shall require all local educational agencies in the State to carry out
the following:
            ``(1) Establish policies that prevent and prohibit conduct,
        including bullying and harassment, that is sufficiently severe,
        persistent, or pervasive--
                    ``(A) to limit a student's ability to participate
                in, or benefit from, a program or activity of a public
                school or local educational agency; or
                    ``(B) to create a hostile or abusive educational
                environment, adversely affecting a student's education,
                at a program or activity of a public school or local
                educational agency, including acts of verbal,
                nonverbal, or physical aggression or intimidation.
            ``(2) The policies required under paragraph (1) shall
        include a prohibition of bullying or harassment conduct based
        on--
                    ``(A) a student's actual or perceived race, color,
                national origin, sex, disability, sexual orientation,
                gender identity, or religion;
                    ``(B) the actual or perceived race, color, national
                origin, sex, disability, sexual orientation, gender
                identity, or religion of a person with whom a student
                associates or has associated; or
                    ``(C) any other distinguishing characteristics that
                may be defined by the State or local educational
                agency, including being homeless or the child or ward
                of a member of the Armed Forces.
            ``(3) Provide--
                    ``(A) annual notice to students, parents, and
                educational professionals describing the full range of
                prohibited conduct contained in such local educational
                agency's discipline policies; and
                    ``(B) grievance procedures for students or parents
                to register complaints regarding the prohibited conduct
                contained in such local educational agency's discipline
                policies, including--
                            ``(i) the name of the local educational
                        agency officials who are designated as
                        responsible for receiving such complaints; and
                            ``(ii) timelines that the local educational
                        agency will establish in the resolution of such
                        complaints.
            ``(4) Collect annual incidence and frequency of incidents
        data about the conduct prohibited by the policies described in
        paragraph (1) at the school building level that are accurate
        and complete and publicly report such data at the school level
        and local educational agency level. The local educational
        agency shall ensure that victims or persons responsible for
        such conduct are not identifiable.
            ``(5) Encourage positive and preventative approaches to
        school discipline that minimize students' removal from
        instruction and ensure that students, including students
        described in paragraph (2), are not subject to disproportionate
        punishment.

``SEC. 4703. STATE REPORTS.

    ``The chief executive officer of a State that receives a grant
under this title, in cooperation with the State educational agency,
shall submit a biennial report to the Secretary--
            ``(1) on the information reported by local educational
        agencies in the State pursuant to section 4702(b)(4); and
            ``(2) describing the State's plans for supporting local
        educational agency efforts to address the conduct prohibited by
        the policies described in section 4702(b)(1).

``SEC. 4704. EVALUATION.

    ``(a) Biennial Evaluation.--The Secretary shall conduct an
independent biennial evaluation of programs and policies to combat
bullying and harassment in elementary schools and secondary schools,
including implementation of the requirements described in section 4702,
including whether such requirements have appreciably reduced the level
of the prohibited conduct and have conducted effective parent
involvement and training programs.
    ``(b) Data Collection.--The Commissioner for Education Statistics
shall collect data from States, that are subject to independent review,
to determine the incidence and frequency of conduct prohibited by the
policies described in section 4702.
    ``(c) Biennial Report.--Not later than January 1, 2019, and every 2
years thereafter, the Secretary shall submit to the President and
Congress a report on the findings of the evaluation conducted under
subsection (a) together with the data collected under subsection (b)
and data submitted by the States under section 4703.

``SEC. 4705. EFFECT ON OTHER LAWS.

    ``(a) Federal and State Nondiscrimination Laws.--Nothing in this
part shall be construed to invalidate or limit rights, remedies,
procedures, or legal standards available to victims of discrimination
under any other Federal law or law of a State or political subdivision
of a State, including title VI of the Civil Rights Act of 1964 (42
U.S.C. 2000d et seq.), title IX of the Education Amendments of 1972 (20
U.S.C. 1681 et seq.), section 504 or 505 of the Rehabilitation Act of
1973 (29 U.S.C. 794, 794a), or the Americans with Disabilities Act of
1990 (42 U.S.C. 12101 et seq.). The obligations imposed by this part
are in addition to those imposed by title VI of the Civil Rights Act of
1964 (42 U.S.C. 2000d et seq.), title IX of the Education Amendments of
1972 (20 U.S.C. 1681 et seq.), section 504 of the Rehabilitation Act of
1973 (29 U.S.C. 794), and the Americans with Disabilities Act of 1990
(42 U.S.C. 12101 et seq.).
    ``(b) Free Speech and Expression Laws.--Nothing in this part shall
be construed to alter legal standards regarding, or affect the rights
(including remedies and procedures) available to individuals under,
other Federal laws that establish protections for freedom of speech or
expression.

``SEC. 4706. RULE OF CONSTRUCTION.

    ``Nothing in this part shall be construed to prohibit a State or
local entity from enacting any law with respect to the prevention of
bullying or harassment of students that is not inconsistent with this
part.''.
    (b) Table of Contents.--The table of contents in section 2 of the
Elementary and Secondary Education Act of 1965 is amended by inserting
after the item relating to section 4304 the following:

                   ``Part G--Safe Schools Improvement

``Sec. 4701. Purpose.
``Sec. 4702. Anti-bullying policies.
``Sec. 4703. State reports.
``Sec. 4704. Evaluation.
``Sec. 4705. Effect on other laws.
``Sec. 4706. Rule of construction.''.

Summary: Safe Schools Improvement Act of 2017 This bill amends the Elementary and Secondary Education Act of 1965 to require states to direct their local educational agencies (LEAs) to establish policies that prevent and prohibit conduct, including bullying and harassment, that is sufficiently severe, persistent, or pervasive to: (1) limit students' ability to participate in, or benefit from, school programs. Or (2) create a hostile or abusive educational environment that adversely affectsnbsp. Students' education. LEAs shall also provide: (1) students, parents, and educational professionals with annual notice of the conduct prohibited in their disciplinary policies. (2) students and parents with grievance procedures that target such conduct. And (3) the public with annual data on the incidence and frequency of that conduct at the school and LEA level. The Departmentnbsp. Of Education must conduct, and report on, an independent biennial evaluation of programs and policies to combat bullying and harassment in elementary and secondary schools. The National Center for Education Statistics shall collect state data to determine the incidence and frequency of the conduct prohibited by LEA disciplinary policies.

Safe Schools Improvement Act of 2017


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Transnational Criminal Organization
Illicit Spotter Prevention and Elimination Act''.

SEC. 2. UNLAWFULLY HINDERING IMMIGRATION, BORDER, AND CUSTOMS CONTROLS.

    (a) Enhanced Penalties.--
            (1) In general.--Chapter 9 of title II of the Immigration
        and Nationality Act (8 U.S.C. 1351 et seq.) is amended by
        adding at the end the following:

``SEC. 295. UNLAWFULLY HINDERING IMMIGRATION, BORDER, AND CUSTOMS
              CONTROLS.

    ``(a) Illicit Spotting.--Any person who knowingly transmits, by any
means, to another person the location, movement, or activities of any
Federal, State, local, or tribal law enforcement agency with the intent
to further a Federal crime relating to United States immigration,
customs, controlled substances, agriculture, monetary instruments, or
other border controls shall be fined under title 18, United States
Code, imprisoned not more than 10 years, or both.
    ``(b) Destruction of United States Border Controls.--Any person who
knowingly and without lawful authorization destroys, alters, or damages
any fence, barrier, sensor, camera, or other physical or electronic
device deployed by the Federal Government to control the border or a
port of entry or otherwise seeks to construct, excavate, or make any
structure intended to defeat, circumvent, or evade any such fence,
barrier, sensor camera, or other physical or electronic device deployed
by the Federal Government to control the border or a port of entry--
            ``(1) shall be fined under title 18, United States Code,
        imprisoned not more than 10 years, or both; and
            ``(2) if, at the time of the offense, the person uses or
        carries a firearm or who, in furtherance of any such crime,
        possesses a firearm, that person shall be fined under such
        title 18, imprisoned not more than 20 years, or both.
    ``(c) Conspiracy and Attempt.--Any person who attempts or conspires
to violate subsection (a) or (b) shall be punished in the same manner
as a person who completes a violation of such subsection.''.
            (2) Clerical amendment.--The table of contents in the first
        section of the Immigration and Nationality Act is amended by
        inserting after the item relating to section 294 the following:

``Sec. 295. Unlawfully hindering immigration, border, and customs
                            controls.''.
    (b) Prohibiting Carrying or Use of a Firearm During and in Relation
to an Alien Smuggling Crime.--Section 924(c) of title 18, United States
Code, is amended--
            (1) by striking ``For purposes of this subsection,'' each
        place such phrase appears;
            (2) in paragraph (1)--
                    (A) in subparagraph (A), by inserting ``, alien
                smuggling crime,'' after ``crime of violence'' each
                place that term appears; and
                    (B) in subparagraph (D)(ii), by inserting ``, alien
                smuggling crime,'' after ``crime of violence'';
            (3) in paragraph (3), by redesignating subparagraphs (A)
        and (B) as clauses (i) and (ii), respectively, and adjusting
        the margin accordingly;
            (4) by redesignating paragraphs (2), (3), and (4) as
        subparagraphs (D), (C), and (B), respectively, and adjusting
        the margin accordingly;
            (5) by transferring subparagraph (B), as redesignated, to
        appear before subparagraph (C), as redesignated;
            (6) by transferring subparagraph (D), as redesignated, to
        appear after subparagraph (C), as redesignated;
            (7) by redesignating paragraph (5) as paragraph (2) and
        transferring the redesignated paragraph to appear after
        paragraph (1);
            (8) by inserting after paragraph (2), as redesignated and
        transferred, the following:
    ``(3) As used in this subsection--
            ``(A) the term `alien smuggling crime' means any felony
        punishable under section 274(a), 277, or 278 of the Immigration
        and Nationality Act (8 U.S.C. 1324(a), 1327, and 1328);''; and
            (9) in paragraph (3), as redesignated--
                    (A) in subparagraph (B), as redesignated, by
                striking the period at the end and inserting a
                semicolon; and
                    (B) in subparagraph (C)(ii), as redesignated, by
                striking the period at the end and inserting ``; and''.
    (c) Conforming Amendments.--
            (1) Bankruptcy code.--Section 707(c)(1)(B) of title 11,
        United States Code, is amended by striking ``section
        924(c)(2)'' and inserting ``section 924(c)(3)(D)'';
            (2) Criminal code.--Title 18, United States Code, is
        amended--
                    (A) in section 844(o)--
                            (i) by striking ``section 924(c)(3)'' and
                        inserting ``section 924(c)(3)(C)''; and
                            (ii) by striking ``section 924(c)(2)'' and
                        inserting ``section 924(c)(3)(D)'';
                    (B) in section 1028(b)(3)(B), by striking ``section
                924(c)(3)'' and inserting ``section 924(c)(3)(C)''; and
                    (C) in section 4042(b)(3)--
                            (i) in subparagraph (A), by striking
                        ``section 924(c)(2)'' and inserting ``section
                        924(c)(3)(D)''; and
                            (ii) in subparagraph (B), by striking
                        ``section 924(c)(3)'' and inserting ``section
                        924(c)(3)(C)''.
            (3) Prisons.--Section 3(1) of the Interstate Transportation
        of Dangerous Criminals Act of 2000 (42 U.S.C. 13726a(1)) is
        amended by striking ``section 924(c)(3)'' and inserting
        ``section 924(c)(3)(C)''.
    (d) Statute of Limitations.--Section 3298 of title 18, United
States Code, is amended--
            (1) by inserting ``or 295'' after ``274(a)''; and
            (2) by inserting ``(8 U.S.C. 1324(a) and 1363b)'' after
        ``Immigration and Nationality Act''.

Summary: Transnational Criminal Organization Illicit Spotter Prevention and Elimination Act This bill amends the Immigration and Nationality Act to prohibit: (1) transmitting to another person the location, movement, or activities of law enforcement agents while intending to further a federal crime relating to US immigration. (2) destroying, altering, or damaging any physical or electronic device used by the federal government to control the border or any port of entry. Or (3) carrying or using a firearm in an alien smuggling crime.