SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Michelle's Law''.

SEC. 2. COVERAGE OF DEPENDENT STUDENTS ON MEDICALLY NECESSARY LEAVE OF
              ABSENCE.

    (a) Amendments of ERISA.--Subpart A of part 7 of title I of the
Employee Retirement Income Security Act of 1974 (29 U.S.C. 1181 et
seq.) is amended by adding at the end the following:

``SEC. 704. COVERAGE OF DEPENDENT STUDENTS ON MEDICALLY NECESSARY LEAVE
              OF ABSENCE.

    ``(a) Medically Necessary Leave of Absence.--In this section, the
term `medically necessary leave of absence' means a leave of absence
from a postsecondary educational institution (including an institution
of higher education as defined in section 102 of the Higher Education
Act of 1965) that--
            ``(1) is due to a severe illness or injury, as certified by
        the attending physician of the dependent child involved; and
            ``(2) causes the dependent child involved to lose full-time
        student status.
    ``(b) Requirement To Continue Coverage.--
            ``(1) In general.--In the case of a dependent child
        described under paragraph (2), a group health plan (or health
        insurance coverage offered in connection with such a plan)
        shall not terminate coverage of such child due to a medically
        necessary leave of absence before the date that is the earlier
        of--
                    ``(A) the date that is 1 year after the first day
                of the medically necessary leave of absence; or
                    ``(B) the date on which such coverage would
                otherwise terminate under the terms of the plan.
            ``(2) Child described.--A dependent child described in this
        paragraph is a child who--
                    ``(A) is a dependent of a participant or
                beneficiary of the plan or coverage;
                    ``(B) is 18 years of age or older;
                    ``(C) was enrolled in the plan or coverage as of
                the first day of the medically necessary leave of
                absence involved; and
                    ``(D) was enrolled as a full-time student at a
                postsecondary educational institution (as described in
                subsection (a)) until the first day of the medically
                necessary leave of absence involved.
            ``(3) Certification by physician.--Paragraph (1) shall not
        apply to a group health plan (or health insurance coverage
        offered in connection with such a plan) unless the dependent
        child submits to the plan or issuer and the postsecondary
        educational institution involved, documentation and
        certification by the child's attending physician stating that
        the leave of absence involved is a medically necessary leave of
        absence.
    ``(c) No Loss of Full-Time Status Due to Break in Semester.--Any
breaks in the school semester shall not disqualify a dependent child
described under subsection (b) from coverage under this section.
    ``(d) No Additional Coverage.--A dependent child described under
subsection (b) shall be entitled to an extension under this section of
only those benefits to which the child was entitled under the terms of
the plan or coverage as of the first day of the medically necessary
leave of absence involved.
    ``(e) Coverage Under Successor Plan.--If an employer or health
insurance issuer changes group health plans after the first day of a
medically necessary leave of absence of dependent child described in
subsection (b) but before the date described under subsection (b)(1),
and such new group health plan offers coverage of dependent children,
such new group health plan shall be subject to this section in the same
manner as the group health plan coverage in effect on the first day of
the medically necessary leave of absence of such dependent child.
    ``(f) Presumption.--For purposes of administrative or judicial
proceedings, there shall be a rebuttable presumption that the
documentation and certification under subsection (b)(3) entitles the
dependent child involved to coverage as described under this
section.''.
    (b) Amendments to the Internal Revenue Code.--Subchapter B of
chapter 100 of the Internal Revenue Code of 1986 (26 U.S.C. 9811 et
seq.) is amended--
            (1) in the table of sections, by inserting after the item
        relating to section 9812 the following new item:

``Sec. 9813. Coverage of dependent students on medically necessary
                            leave of absence.'';
    and
            (2) by inserting after section 9813 the following:

``SEC. 9813. COVERAGE OF DEPENDENT STUDENTS ON MEDICALLY NECESSARY
              LEAVE OF ABSENCE.

    ``(a) Medically Necessary Leave of Absence.--The term `medically
necessary leave of absence' means a leave of absence from a
postsecondary educational institution (including an institution of
higher education as defined in section 102 of the Higher Education Act
of 1965) that--
            ``(1) is due to a severe illness or injury, as certified by
        the attending physician of the dependent child involved; and
            ``(2) causes the dependent child involved to lose full-time
        student status.
    ``(b) Requirement To Continue Coverage.--
            ``(1) In general.--In the case of a dependent child
        described under paragraph (2), a group health plan (or health
        insurance coverage offered in connection with such a plan)
        shall not terminate coverage of such child due to a medically
        necessary leave of absence before the date that is the earlier
        of--
                    ``(A) the date that is 1 year after the first day
                of the medically necessary leave of absence; or
                    ``(B) the date on which such coverage would
                otherwise terminate under the terms of the plan.
            ``(2) Child described.--A dependent child described in this
        paragraph is a child who--
                    ``(A) is a dependent of a participant or
                beneficiary of the plan or coverage;
                    ``(B) is 18 years of age or older;
                    ``(C) was enrolled in the plan or coverage as of
                the first day of the medically necessary leave of
                absence involved; and
                    ``(D) was enrolled as a full-time student at a
                postsecondary educational institution (as described in
                subsection (a)) until the first day of the medically
                necessary leave of absence involved.
            ``(3) Certification by physician.--Paragraph (1) shall not
        apply to a group health plan (or health insurance coverage
        offered in connection with such a plan) unless the dependent
        child submits to the plan or issuer and the postsecondary
        educational institution involved, documentation and
        certification by the child's attending physician stating that
        the leave of absence involved is a medically necessary leave of
        absence.
    ``(c) No Loss of Full-Time Status Due to Break in Semester.--Any
breaks in the school semester shall not disqualify a dependent child
described under subsection (b) from coverage under this section.
    ``(d) No Additional Coverage.--A dependent child described under
subsection (b) shall be entitled to an extension under this section of
only those benefits to which the child was entitled under the terms of
the plan or coverage as of the first day of the medically necessary
leave of absence involved.
    ``(e) Coverage Under Successor Plan.--If an employer or health
insurance issuer changes group health plans after the first day of a
medically necessary leave of absence of dependent child described in
subsection (b) but before the date described under subsection (b)(1),
and such new group health plan offers coverage of dependent children,
such new group health plan shall be subject to this section in the same
manner as the group health plan coverage in effect on the first day of
the medically necessary leave of absence of such dependent child.
    ``(f) Presumption.--For purposes of administrative or judicial
proceedings, there shall be a rebuttable presumption that the
documentation and certification under subsection (b)(3) entitles the
dependent child involved to coverage as described under this
section.''.

Summary: Michelle's Law - Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code of 1986 to prohibit a group health plan or health insurance coverage offered in connection with such a plan from terminating the coverage of a dependent child due to a medically necessary leave of absence from a postsecondary educational institution that causes the child to lose full-time status before the date that is the earlier of: (1) one year after the first day of the leave of absence. Or (2) the date on which such coverage would otherwise terminate under the terms of the plan. Requires documentation and a certification by a physician.

A bill to amend the Employee Retirement Income Security Act of 1974 and the Internal Revenue Code of 1986 to ensure that dependent students who take a medically necessary leave of absence do not lose health insurance coverage, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Healthy Schools Partnerships Act of
2010''.

SEC. 2. HEALTHY SCHOOLS PARTNERSHIPS DEMONSTRATION PROGRAM.

    Section 18 of the Richard B. Russell National School Lunch Act (42
U.S.C. 1769) is amended by adding at the end the following:
    ``(j) Healthy Schools Partnerships Demonstration Program.--
            ``(1) Definition of eligible entity.--In this section, the
        term `eligible entity' means a school food authority that
        demonstrates that the school food authority has collaborated,
        or will collaborate, with 1 or more local partner organizations
        (including academic experts, registered dietitians or other
        nutrition professionals, community partners, or non-profit
        organizations) to achieve the purposes described in paragraph
        (2).
            ``(2) Purposes.--The purposes of the demonstration project
        established under this subsection are--
                    ``(A) to assist schools in improving the
                nutritional standards of school meals and the overall
                school environment; and
                    ``(B) to use local resources and expertise to
                promote collaborations and develop sustainable and
                replicable models for making systemic changes that
                promote good nutrition and healthy living among
                students.
            ``(3) Establishment.--The Secretary shall establish a
        demonstration project under which the Secretary shall make
        grants to eligible entities to fund collaborations of academic
        experts, nonprofit organizations, registered dietitians or
        other nutrition professionals, community partners, and local
        schools to test and evaluate innovative models to improve
        nutrition education, student decisionmaking, and healthy school
        environments.
            ``(4) Application.--
                    ``(A) In general.--An eligible entity shall submit
                to the Secretary an application at such time, in such
                manner, and containing such information as the
                Secretary may require.
                    ``(B) Contents.--In addition to any other
                requirements of the Secretary, each application shall--
                            ``(i) identify the 1 or more problems that
                        the eligible entity will address;
                            ``(ii) identify the activity that the grant
                        will be used to fund;
                            ``(iii) describe the means by which the
                        activity will improve the health and nutrition
                        of the school environment;
                            ``(iv) list the partner organizations that
                        will participate in the activity funded by the
                        grant; and
                            ``(v) describe the metrics used to measure
                        success in achieving the stated goals.
            ``(5) Priority.--In making grants under this subsection,
        the Secretary shall give priority to eligible entities that
        demonstrate--
                    ``(A) a severe need to improve the school
                environment, as demonstrated by high numbers of
                students receiving free or reduced price lunches, high
                levels of obesity or other indicators of poor health
                status, and health disparities in the community served
                by the school;
                    ``(B) a commitment by community partners to make
                in-kind or cash contributions; and
                    ``(C) the ability to measure results.
            ``(6) Use of funds.--An eligible entity shall use a grant
        received under this subsection--
                    ``(A) to assess the problem of childhood obesity
                and poor nutrition in the school environment;
                    ``(B) to develop an innovative plan or intervention
                to address specific causes of the problem in
                coordination with outside partners, including by
                developing and testing innovative models to improve
                student health and nutrition as measured by--
                            ``(i) changes that result in healthier
                        school environments, including more nutritious
                        food being served in cafeterias and available a
                        la carte;
                            ``(ii) increased nutrition education;
                            ``(iii) improved ability of students to
                        identify healthier choices;
                            ``(iv) changes in attitudes of students
                        towards healthier food;
                            ``(v) student involvement in making school
                        environments healthier;
                            ``(vi) increased access to physical
                        activity, physical education, and recess;
                            ``(vii) professional development and
                        continuing education opportunities for school
                        administrators, teachers, and school nurses;
                        and
                            ``(viii) changes in school policies that
                        promote access to healthier food and physical
                        activity;
                    ``(C) to implement the plan or intervention in
                partnership with outside partners;
                    ``(D) to measure and evaluate effectiveness of the
                intervention; or
                    ``(E) to assess the sustainability and
                replicability of this model.
            ``(7) Authorization of appropriations.--There is authorized
        to be appropriated to carry out this subsection $2,000,000 for
        each of fiscal years 2011 through 2015.''.

Summary: Healthy Schools Partnerships Act of 2010 - Amends the Richard B. Russell National School Lunch Act to direct the Secretary of Agriculture to establish a demonstration project awarding grants to school food authorities that collaborate with academic experts, nonprofit organizations, registered dietitians or other nutrition professionals, community partners, and local schools to test and evaluate innovative models to improve nutrition education, student decisionmaking, and healthy school environments. Gives grant priority to school food authorities that demonstrate: (1) a severe need to improve the school environment. (2) a commitment by community partners to make in-kind or cash contributions, and (3) the ability to measure results.

A bill to amend the Richard B. Russell National School Lunch Act to establish a demonstration project to promote collaborations to improve school nutrition.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Safe and Timely Interstate Placement
of Foster Children Act of 2006''.

SEC. 2. SENSE OF THE CONGRESS.

    It is the sense of the Congress that--
        (1) the States should expeditiously ratify the revised
    Interstate Compact for the Placement of Children recently
    promulgated by the American Public Human Services Association;
        (2) this Act and the revised Interstate Compact for the
    Placement of Children should not apply to those seeking placement
    in a licensed residential facility primarily to access clinical
    mental heath services;
        (3) the States should recognize and implement the deadlines for
    the completion and approval of home studies as provided in section
    4 to move children more quickly into safe, permanent homes; and
        (4) Federal policy should encourage the safe and expedited
    placement of children into safe, permanent homes across State
    lines.

SEC. 3. ORDERLY AND TIMELY PROCESS FOR INTERSTATE PLACEMENT OF
              CHILDREN.

    Section 471(a) of the Social Security Act (42 U.S.C. 671(a)) is
amended--
        (1) by striking ``and'' at the end of paragraph (23);
        (2) by striking the period at the end of paragraph (24) and
    inserting ``; and''; and
        (3) by adding at the end the following:
        ``(25) provide that the State shall have in effect procedures
    for the orderly and timely interstate placement of children; and
    procedures implemented in accordance with an interstate compact, if
    incorporating with the procedures prescribed by paragraph (26),
    shall be considered to satisfy the requirement of this
    paragraph.''.

SEC. 4. HOME STUDIES.

    (a) Orderly Process.--
        (1) In general.--Section 471(a) of the Social Security Act (42
    U.S.C. 671(a)) is further amended--
            (A) by striking ``and'' at the end of paragraph (24);
            (B) by striking the period at the end of paragraph (25) and
        inserting ``; and''; and
            (C) by adding at the end the following:
        ``(26) provides that--
            ``(A)(i) within 60 days after the State receives from
        another State a request to conduct a study of a home
        environment for purposes of assessing the safety and
        suitability of placing a child in the home, the State shall,
        directly or by contract--
                ``(I) conduct and complete the study; and
                ``(II) return to the other State a report on the
            results of the study, which shall address the extent to
            which placement in the home would meet the needs of the
            child; and
            ``(ii) in the case of a home study begun on or before
        September 30, 2008, if the State fails to comply with clause
        (i) within the 60-day period as a result of circumstances
        beyond the control of the State (such as a failure by a Federal
        agency to provide the results of a background check, or the
        failure by any entity to provide completed medical forms,
        requested by the State at least 45 days before the end of the
        60-day period), the State shall have 75 days to comply with
        clause (i) if the State documents the circumstances involved
        and certifies that completing the home study is in the best
        interests of the child; except that
            ``(iii) this subparagraph shall not be construed to require
        the State to have completed, within the applicable period, the
        parts of the home study involving the education and training of
        the prospective foster or adoptive parents;
            ``(B) the State shall treat any report described in
        subparagraph (A) that is received from another State or an
        Indian tribe (or from a private agency under contract with
        another State) as meeting any requirements imposed by the State
        for the completion of a home study before placing a child in
        the home, unless, within 14 days after receipt of the report,
        the State determines, based on grounds that are specific to the
        content of the report, that making a decision in reliance on
        the report would be contrary to the welfare of the child; and
            ``(C) the State shall not impose any restriction on the
        ability of a State agency administering, or supervising the
        administration of, a State program operated under a State plan
        approved under this part to contract with a private agency for
        the conduct of a home study described in subparagraph (A).''.
        (2) Report to the congress.--Within 12 months after the date of
    the enactment of this Act, the Secretary of Health and Human
    Services shall submit to the Committee on Ways and Means of the
    House of Representatives and the Committee on Finance of the Senate
    a written report on--
            (A) how frequently States need the extended 75-day period
        provided for in clause (ii) of section 471(a)(26)(A) of the
        Social Security Act in order to comply with clause (i) of such
        section;
            (B) the reasons given for utilizing the extended compliance
        period;
            (C) the extent to which utilizing the extended compliance
        period leads to the resolution of the circumstances beyond the
        control of the State; and
            (D) the actions taken by States and any relevant Federal
        agencies to resolve the need for the extended compliance
        period.
        (3) Sense of the congress.--It is the sense of the Congress
    that each State should--
            (A) use private agencies to conduct home studies when doing
        so is necessary to meet the requirements of section 471(a)(26)
        of the Social Security Act; and
            (B) give full faith and credit to any home study report
        completed by any other State or an Indian tribe with respect to
        the placement of a child in foster care or for adoption.
    (b) Timely Interstate Home Study Incentive Payments.--Part E of
title IV of the Social Security Act (42 U.S.C. 670-679b) is amended by
inserting after section 473A the following:

``SEC. 473B. TIMELY INTERSTATE HOME STUDY INCENTIVE PAYMENTS.

    ``(a) Grant Authority.--The Secretary shall make a grant to each
State that is a home study incentive-eligible State for a fiscal year
in an amount equal to the timely interstate home study incentive
payment payable to the State under this section for the fiscal year,
which shall be payable in the immediately succeeding fiscal year.
    ``(b) Home Study Incentive-Eligible State.--A State is a home study
incentive-eligible State for a fiscal year if--
        ``(1) the State has a plan approved under this part for the
    fiscal year;
        ``(2) the State is in compliance with subsection (c) for the
    fiscal year; and
        ``(3) based on data submitted and verified pursuant to
    subsection (c), the State has completed a timely interstate home
    study during the fiscal year.
    ``(c) Data Requirements.--
        ``(1) In general.--A State is in compliance with this
    subsection for a fiscal year if the State has provided to the
    Secretary a written report, covering the preceding fiscal year,
    that specifies--
            ``(A) the total number of interstate home studies requested
        by the State with respect to children in foster care under the
        responsibility of the State, and with respect to each such
        study, the identity of the other State involved;
            ``(B) the total number of timely interstate home studies
        completed by the State with respect to children in foster care
        under the responsibility of other States, and with respect to
        each such study, the identity of the other State involved; and
            ``(C) such other information as the Secretary may require
        in order to determine whether the State is a home study
        incentive-eligible State.
        ``(2) Verification of data.--In determining the number of
    timely interstate home studies to be attributed to a State under
    this section, the Secretary shall check the data provided by the
    State under paragraph (1) against complementary data so provided by
    other States.
    ``(d) Timely Interstate Home Study Incentive Payments.--
        ``(1) In general.--The timely interstate home study incentive
    payment payable to a State for a fiscal year shall be $1,500,
    multiplied by the number of timely interstate home studies
    attributed to the State under this section during the fiscal year,
    subject to paragraph (2).
        ``(2) Pro rata adjustment if insufficient funds available.--If
    the total amount of timely interstate home study incentive payments
    otherwise payable under this section for a fiscal year exceeds the
    total of the amounts made available pursuant to subsection (h) for
    the fiscal year (reduced (but not below zero) by the total of the
    amounts (if any) payable under paragraph (3) of this subsection
    with respect to the preceding fiscal year), the amount of each such
    otherwise payable incentive payment shall be reduced by a
    percentage equal to--
            ``(A) the total of the amounts so made available (as so
        reduced); divided by
            ``(B) the total of such otherwise payable incentive
        payments.
        ``(3) Appropriations available for unpaid incentive payments
    for prior fiscal years.--
            ``(A) In general.--If payments under this section are
        reduced under paragraph (2) or subparagraph (B) of this
        paragraph for a fiscal year, then, before making any other
        payment under this section for the next fiscal year, the
        Secretary shall pay each State whose payment was so reduced an
        amount equal to the total amount of the reductions which
        applied to the State, subject to subparagraph (B) of this
        paragraph.
            ``(B) Pro rata adjustment if insufficient funds
        available.--If the total amount of payments otherwise payable
        under subparagraph (A) of this paragraph for a fiscal year
        exceeds the total of the amounts made available pursuant to
        subsection (h) for the fiscal year, the amount of each such
        payment shall be reduced by a percentage equal to--
                ``(i) the total of the amounts so made available;
            divided by
                ``(ii) the total of such otherwise payable payments.
    ``(e) Two-Year Availability of Incentive Payments.--Payments to a
State under this section in a fiscal year shall remain available for
use by the State through the end of the next fiscal year.
    ``(f) Limitations on Use of Incentive Payments.--A State shall not
expend an amount paid to the State under this section except to provide
to children or families any service (including post-adoption services)
that may be provided under part B or E. Amounts expended by a State in
accordance with the preceding sentence shall be disregarded in
determining State expenditures for purposes of Federal matching
payments under sections 423, 434, and 474.
    ``(g) Definitions.--In this section:
        ``(1) Home study.--The term `home study' means an evaluation of
    a home environment conducted in accordance with applicable
    requirements of the State in which the home is located, to
    determine whether a proposed placement of a child would meet the
    individual needs of the child, including the child's safety,
    permanency, health, well-being, and mental, emotional, and physical
    development.
        ``(2) Interstate home study.--The term `interstate home study'
    means a home study conducted by a State at the request of another
    State, to facilitate an adoptive or foster placement in the State
    of a child in foster care under the responsibility of the State.
        ``(3) Timely interstate home study.--The term `timely
    interstate home study' means an interstate home study completed by
    a State if the State provides to the State that requested the
    study, within 30 days after receipt of the request, a report on the
    results of the study. The preceding sentence shall not be construed
    to require the State to have completed, within the 30-day period,
    the parts of the home study involving the education and training of
    the prospective foster or adoptive parents.
    ``(h) Limitations on Authorization of Appropriations.--
        ``(1) In general.--For payments under this section, there are
    authorized to be appropriated to the Secretary--
            ``(A) $10,000,000 for fiscal year 2007;
            ``(B) $10,000,000 for fiscal year 2008;
            ``(C) $10,000,000 for fiscal year 2009; and
            ``(D) $10,000,000 for fiscal year 2010.
        ``(2) Availability.--Amounts appropriated under paragraph (1)
    are authorized to remain available until expended.''.
    (c) Repealer.--Effective October 1, 2010, section 473B of the
Social Security Act is repealed.

SEC. 5. SENSE OF THE CONGRESS.

    It is the sense of the Congress that State agencies should fully
cooperate with any court which has authority with respect to the
placement of a child in foster care or for adoption, for the purpose of
locating a parent of the child, and such cooperation should include
making available all information obtained from the Federal Parent
Locator Service.

SEC. 6. CASEWORKER VISITS.

    (a) Purchase of Services in Interstate Placement Cases.--Section
475(5)(A)(ii) of the Social Security Act (42 U.S.C. 675(5)(A)(ii)) is
amended by striking ``or of the State in which the child has been
placed'' and inserting ``of the State in which the child has been
placed, or of a private agency under contract with either such State''.
    (b) Increased Visits.--Section 475(5)(A)(ii) of such Act (42 U.S.C.
675(5)(A)(ii)) is amended by striking ``12'' and inserting ``6''.

SEC. 7. HEALTH AND EDUCATION RECORDS.

    Section 475 of the Social Security Act (42 U.S.C. 675) is amended--
        (1) in paragraph (1)(C)--
            (A) by striking ``To the extent available and accessible,
        the'' and inserting ``The''; and
            (B) by inserting ``the most recent information available
        regarding'' after ``including''; and
        (2) in paragraph (5)(D)--
            (A) by inserting ``a copy of the record is'' before
        ``supplied''; and
            (B) by inserting ``, and is supplied to the child at no
        cost at the time the child leaves foster care if the child is
        leaving foster care by reason of having attained the age of
        majority under State law'' before the semicolon.

SEC. 8. RIGHT TO BE HEARD IN FOSTER CARE PROCEEDINGS.

    (a) In General.--Section 475(5)(G) of the Social Security Act (42
U.S.C. 675(5)(G)) is amended--
        (1) by striking ``an opportunity'' and inserting ``a right'';
        (2) by striking ``and opportunity'' and inserting ``and
    right''; and
        (3) by striking ``review or hearing'' each place it appears and
    inserting ``proceeding''.
    (b) Notice of Proceeding.--Section 438(b) of such Act (42 U.S.C.
638(b)) is amended by inserting ``shall have in effect a rule requiring
State courts to ensure that foster parents, pre-adoptive parents, and
relative caregivers of a child in foster care under the responsibility
of the State are notified of any proceeding to be held with respect to
the child, and'' after ``highest State court''.

SEC. 9. COURT IMPROVEMENT.

    Section 438(a)(1) of the Social Security Act (42 U.S.C. 629h(a)(1))
is amended--
        (1) by striking ``and'' at the end of subparagraph (C); and
        (2) by adding at the end the following:
            ``(E) that determine the best strategy to use to expedite
        the interstate placement of children, including--
                ``(i) requiring courts in different States to cooperate
            in the sharing of information;
                ``(ii) authorizing courts to obtain information and
            testimony from agencies and parties in other States without
            requiring interstate travel by the agencies and parties;
            and
                ``(iii) permitting the participation of parents,
            children, other necessary parties, and attorneys in cases
            involving interstate placement without requiring their
            interstate travel; and''.

SEC. 10. REASONABLE EFFORTS.

    (a) In General.--Section 471(a)(15)(C) of the Social Security Act
(42 U.S.C. 671(a)(15)(C)) is amended by inserting ``(including, if
appropriate, through an interstate placement)'' after ``accordance with
the permanency plan''.
    (b) Permanency Hearing.--Section 471(a)(15)(E)(i) of such Act (42
U.S.C. 671(a)(15)(E)(i)) is amended by inserting ``, which considers
in-State and out-of-State permanent placement options for the child,''
before ``shall''.
    (c) Concurrent Planning.--Section 471(a)(15)(F) of such Act (42
U.S.C. 671(a)(15)(F)) is amended by inserting ``, including identifying
appropriate in-State and out-of-State placements'' before ``may''.

SEC. 11. CASE PLANS.

    Section 475(1)(E) of the Social Security Act (42 U.S.C. 675(1)(E))
is amended by inserting ``to facilitate orderly and timely in-State and
interstate placements'' before the period.

SEC. 12. CASE REVIEW SYSTEM.

    Section 475(5)(C) of the Social Security Act (42 U.S.C. 675(5)(C)
is amended--
        (1) by inserting ``, in the case of a child who will not be
    returned to the parent, the hearing shall consider in-State and
    out-of-State placement options,'' after ``living arrangement''; and
        (2) by inserting ``the hearing shall determine'' before
    ``whether the''.

SEC. 13. USE OF INTERJURISDICTIONAL RESOURCES.

    Section 422(b)(12) of the Social Security Act (42 U.S.C.
622(b)(12)) is amended--
        (1) by striking ``develop plans for the'' and inserting
    ``make'';
        (2) by inserting ``(including through contracts for the
    purchase of services)'' after ``resources''; and
        (3) by inserting ``, and shall eliminate legal barriers,''
    before ``to facilitate''.

SEC. 14. EFFECTIVE DATE.

    (a) In General.--Except as otherwise provided in this section, the
amendments made by this Act shall take effect on October 1, 2006, and
shall apply to payments under parts B and E of title IV of the Social
Security Act for calendar quarters beginning on or after such date,
without regard to whether regulations to implement the amendments are
promulgated by such date.
    (b) Delay Permitted If State Legislation Required.--If the
Secretary of Health and Human Services determines that State
legislation (other than legislation appropriating funds) is required in
order for a State plan under part B or E of title IV of the Social
Security Act to meet the additional requirements imposed by the
amendments made by a provision of this Act, the plan shall not be
regarded as failing to meet any of the additional requirements before
the 1st day of the 1st calendar quarter beginning after the first
regular session of the State legislature that begins after the date of
the enactment of this Act. If the State has a 2-year legislative
session, each year of the session is deemed to be a separate regular
session of the State legislature.

                               Speaker of the House of Representatives.

                            Vice President of the United States and
                                               President of the Senate.

Summary: Safe and Timely Interstate Placement of Foster Children Act of 2006 - Amends the Social Security Act to require each state plan for foster care and adoption assistance to provide that the state shall: (1) have in effect procedures for orderly and timely interstate placement of children. (2) complete home studies requested by another state within a specified period, (3) accept such studies received from another state. And (4) not impose any restrictions on contracting with a private agency to conduct such a study. Directs the Secretary of Health and Human Services to make grants for timely interstate home study incentive payments to states that have approved plans and that have completed, and provided the Secretary a report on, such studies. Expresses the sense of Congress that state agencies should cooperate with courts which have authority with respect to the placement of a child in foster care or for adoption for the purpose of locating a parent of the child. Amends the definition of case review system to: (1) increase the required frequency of state caseworker visits to a child who is placed in foster care outside the state in which the child's parents reside. (2) require a child's health and education record to be supplied to the child at no cost when heshe leaves foster care by reason of having attained the age of majority under state law. And (3) provide for a foster parent's right to be heard in any proceeding respecting their foster child. Requires state courts to ensure that foster parents, pre-adoptive parents, and relative caregivers of a child in foster care are notified of any such proceedings. Includes among the purposes of grants to the highest state courts the assessment of the court's role in carrying out state laws requiring proceedings that determine the best strategy to use to expedite the interstate placement of children. Provides for consideration of out-of-state placements in permanency hearings, case plans, and case reviews. Requires each plan for child welfare services to include the assurance that the state will eliminate legal barriers to facilitate timely adoptive or permanent placements for children.

To improve protections for children and to hold States accountable for the safe and timely placement of children across State lines, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Cure for AIDS Act of 2012''.

SEC. 2. SENSE OF CONGRESS; FINDINGS.

    (a) Sense of Congress.--It is the sense of Congress that--
            (1) finding a cure is essential to ending the AIDS epidemic
        in the United States and globally;
            (2) AIDS treatment has saved millions of lives and also
        makes it much less likely that HIV infection will be passed to
        a partner;
            (3) access to AIDS treatment in the United States and
        globally needs to continue to be expanded but AIDS treatment is
        not a cure and not the ultimate solution for the tens of
        millions of people living with HIV/AIDS;
            (4) the National Institutes of Health is the leading health
        research organization in the world and has dedicated millions
        of dollars to AIDS cure research;
            (5) to accelerate AIDS cure research and product
        development, it is becoming increasingly important to invest in
        areas that can complement the essential role of the National
        Institutes of Health; and
            (6) a cure will save hundreds of millions of dollars in
        spending and have a powerful positive economic impact globally.
    (b) Findings.--Congress finds the following:
            (1) It is estimated that in 2010 roughly 34,000,000 people
        were living with HIV/AIDS worldwide.
            (2) In the United States, 1,200,000 Americans are estimated
        to be infected with the virus.
            (3) Every 9.5 minutes, a citizen of the United States
        becomes infected with HIV. Roughly 2,700,000 individuals,
        including 390,000 children, became newly infected with HIV in
        2010 alone.
            (4) In fiscal year 2012, the Federal Government spent
        $27,700,000,000 on HIV/AIDS, the largest component being
        services and treatment for people living with HIV/AIDS in the
        United States at a cost of $15,600,000,000. The average
        lifetime cost of HIV treatment is estimated to be $367,134 per
        person.
            (5) In the last two years, discoveries have led to growing
        optimism in the scientific community that a cure for AIDS can
        be found. The eradication of HIV from the body of one
        individual in Germany has led many scientific leaders to
        believe that curing AIDS is now possible. Leading researchers
        believe we are now at the cutting edge of scientific discovery
        for an AIDS cure with a range of novel approaches being
        explored, including stem cells, gene therapy, medications, and
        immune response modifications, such as therapeutic vaccines.

SEC. 3. ESTABLISHMENT OF HIV/AIDS CONGRESSIONALLY DIRECTED MEDICAL
              RESEARCH PROGRAM.

    (a) Establishment of Research Program.--
            (1) In general.--The Secretary of Defense, acting through
        the Congressionally Directed Medical Research Program, shall
        establish and support an accelerated research program dedicated
        to the discovery of a cure for HIV/AIDS.
            (2) Administration.--The Secretary shall carry out the
        research program established under paragraph (1) in
        collaboration with--
                    (A) the Director of the National Institutes of
                Health;
                    (B) the Director of the National Institute of
                Allergy and Infectious Diseases; and
                    (C) any head of a Federal agency that the Secretary
                determines appropriate.
    (b) Scope.--To provide the basis for developing a cure for HIV/
AIDS, the Secretary shall ensure that research conducted under
subsection (a)(1) is highly targeted to address the following
scientific questions and priorities:
            (1) How HIV persists despite antiretroviral therapy.
            (2) Where HIV persists beyond the reach of antiretroviral
        therapy.
            (3) Whether ongoing attempts of the immune system to clear
        the infection actually hinders the ability of the medical
        community to cure infected individuals.
            (4) Why the immune system reduces but does not eliminate
        levels of the virus.
            (5) How to measure ultra-low levels of the virus in the
        body of an infected individual.
            (6) Identifying and testing interventions, such as drugs,
        that may eliminate the virus from infected individuals.
            (7) Identifying and testing interventions, such as
        vaccines, that may help an infected individual permanently
        control the virus without antiretroviral therapy.
    (c) Assistance by Nonprofit Entities.--
            (1) Coordination.--In carrying out the research program
        established under subsection (a)(1), the Secretary shall
        coordinate with at least one eligible nonprofit entity--
                    (A) whose primary mission is ending the AIDS
                epidemic through innovative research; and
                    (B) that has experience carrying out programs
                dedicated to AIDS cure research.
            (2) Responsibilities.--The Secretary shall ensure that the
        responsibilities of a nonprofit entity selected under paragraph
        (1) include partnering with the Secretary to establish research
        priorities for peer-reviewed funded research pursuant to
        subsection (b).
    (d) Annual Reports.--In each annual report on the Congressionally
Directed Medical Research Program that the Secretary submits to
Congress, the Secretary shall include information on the progress of
the research program established under subsection (a)(1).
    (e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $20,000,000 for each of fiscal
years 2013 through 2017.

Summary: Cure for AIDS Act of 2012 - Directs the Secretary of Defense (DOD), through the Congressionally Directed Medical Research Program, to establish and support an accelerated research program dedicated to discovering a cure for HIVAIDS. Instructs the Secretary to collaborate with the Director of the National Institutes of Health (NIH), the Director of the National Institute of Allergy and Infectious Diseases, and other appropriate federal agencies. Requires the Secretary to: (1) ensure that such research is highly targeted, (2) coordinate with at least one eligible nonprofit entity, and (3) ensure that the responsibilities of the non-profit entity include partnering with the Secretary in establishing research priorities.

To establish a research program under the Congressionally Directed Medical Research Program of the Department of Defense to discover a cure for HIV/AIDS.


SECTION 1. INTERSTATE TRANSPORTATION OF FIREARMS OR AMMUNITION.

    (a) In General.--Section 926A of title 18, United States Code, is
amended to read as follows:
``Sec. 926A. Interstate transportation of firearms or ammunition
    ``(a) Notwithstanding any provision of any law, rule, or regulation
of a State or any political subdivision thereof:
            ``(1) A person who is not prohibited by this chapter from
        possessing, transporting, shipping, or receiving a firearm or
        ammunition shall be entitled to transport a firearm for any
        lawful purpose from any place where the person may lawfully
        possess, carry, or transport the firearm to any other such
        place if, during the transportation, the firearm is unloaded,
        and--
                    ``(A) if the transportation is by motor vehicle,
                the firearm is not directly accessible from the
                passenger compartment of the vehicle, and, if the
                vehicle is without a compartment separate from the
                passenger compartment, the firearm is in a locked
                container other than the glove compartment or console,
                or is secured by a secure gun storage or safety device;
                or
                    ``(B) if the transportation is by other means, the
                firearm is in a locked container or secured by a secure
                gun storage or safety device.
            ``(2) A person who is not prohibited by this chapter from
        possessing, transporting, shipping, or receiving a firearm or
        ammunition shall be entitled to transport ammunition, or any
        detachable magazine or feeding device for ammunition, for any
        lawful purpose from any place where the person may lawfully
        possess, carry, or transport the ammunition, magazine, or
        feeding device to any other such place if, during the
        transportation, the ammunition, magazine, or feeding device is
        not loaded into a firearm, and--
                    ``(A) if the transportation is by motor vehicle,
                the ammunition, magazine, or feeding device is not
                directly accessible from the passenger compartment of
                the vehicle, and, if the vehicle is without a
                compartment separate from the passenger compartment,
                the ammunition, magazine, or feeding device is in a
                locked container other than the glove compartment or
                console; or
                    ``(B) if the transportation is by other means, the
                ammunition, magazine, or feeding device is in a locked
                container.
    ``(b) In subsection (a), the term `transport' includes staying in
temporary lodging overnight, stopping for food, fuel, vehicle
maintenance, an emergency, medical treatment, and any other activity
incidental to the transport, but does not include transportation--
            ``(1) with the intent to commit a crime punishable by
        imprisonment for a term exceeding one year that involves the
        use or threatened use of force against another; or
            ``(2) with knowledge, or reasonable cause to believe, that
        such a crime is to be committed in the course of, or arising
        from, the transportation.
    ``(c)(1) A person who is transporting a firearm, ammunition,
magazine, or feeding device may not be arrested or otherwise detained
for violation of any law or any rule or regulation of a State or any
political subdivision thereof related solely to the possession,
transportation, or carrying of firearms, ammunition, magazine, or
feeding device unless there is probable cause to believe that the
person is doing so in a manner not provided for in subsection (a).
    ``(2) When a person asserts this section as a defense in a criminal
proceeding, the prosecution shall bear the burden of proving, beyond a
reasonable doubt, that the conduct of the person did not satisfy the
conditions set forth in subsection (a).
    ``(3) When a person successfully asserts this section as a defense
in a criminal proceeding, the court shall award the prevailing
defendant a reasonable attorney's fee.
    ``(d)(1) A person who is deprived of any right, privilege, or
immunity secured by this section, section 926B or 926C, under color of
any statute, ordinance, regulation, custom, or usage of any State or
any political subdivision thereof, may bring an action in any
appropriate court against any other person, including a State or
political subdivision thereof, who causes the person to be subject to
the deprivation, for damages and other appropriate relief.
    ``(2) The court shall award a plaintiff prevailing in an action
brought under paragraph (1) damages and such other relief as the court
deems appropriate, including a reasonable attorney's fee.''.
    (b) Clerical Amendment.--The table of sections for such chapter is
amended in the item relating to section 926A by striking ``firearms''
and inserting ``firearms or ammunition''.

Summary: This bill amends the federal criminal code to revise provisions related to the interstate transportation of firearms and ammunition. An individual may transport a firearm between two places where it is legal to possess, carry, or transport the firearm. During transport, the firearm must be unloaded and secured or securely stored. Additionally, an individual may transport ammunition, or a detachable magazine or feeding device, between two places where it is legal to possess, carry, or transport the ammunition, magazine, or feeding device. During transport, the ammunition, magazine, or feeding device must not be loaded into a firearm and must be securely stored. This bill prohibits the arrest or detention of an individual for a state or local firearm or ammunition violation unless there is probable cause to believe the individual failed to comply with the provisions of this bill.

To amend chapter 44 of title 18, United States Code, to more comprehensively address the interstate transportation of firearms or ammunition.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Territorial Economic Growth and
Recovery Act of 2016''.

SEC. 2. REPEAL OF LIMITATION ON COVER OVER OF DISTILLED SPIRITS TAXES.

    (a) In General.--Section 7652(f) of the Internal Revenue Code of
1986 is repealed.
    (b) Effective Date.--The amendment made by this section shall apply
to distilled spirits brought into the United States after December 31,
2015.

SEC. 3. PAYMENTS TO UNITED STATES TERRITORIES AND POSSESSIONS.

    (a) Earned Income Credit.--Section 32 of the Internal Revenue Code
of 1986 is amended by adding at the end the following:
    ``(n) Treatment of Possessions.--
            ``(1) Payments to possessions.--
                    ``(A) Mirror code possession.--The Secretary of the
                Treasury shall periodically (but not less frequently
                than annually) pay to each possession of the United
                States with a mirror code tax system amounts equal to
                the loss to that possession by reason of the
                application of this section (determined without regard
                to paragraph (2)) with respect to taxable years
                beginning after December 31, 2015. Such amounts shall
                be determined by the Secretary of the Treasury based on
                information provided by the government of the
                respective possession.
                    ``(B) Other possessions.--The Secretary of the
                Treasury shall periodically (but no less frequently
                than annually) pay to each possession of the United
                States which does not have a mirror code tax system
                amounts estimated by the Secretary of the Treasury as
                being equal to the aggregate benefits that would have
                been provided to residents of such possession by reason
                of the application of this section for taxable years
                beginning after December 31, 2015, if a mirror code tax
                system had been in effect in such possession. The
                preceding sentence shall not apply with respect to any
                possession of the United States unless such possession
                has a plan, which has been approved by the Secretary of
                the Treasury, under which such possession will promptly
                distribute such payments to the residents of such
                possession.
            ``(2) Coordination with credit allowed against united
        states income taxes.--No credit shall be allowed under this
        section for any taxable year to any person--
                    ``(A) to whom a credit is allowed against taxes
                imposed by the possession by reason of this section
                (determined without regard to this paragraph) for such
                taxable year, or
                    ``(B) who is eligible for a payment under a plan
                described in paragraph (1)(B) with respect to such
                taxable year.
            ``(3) Definitions and special rules.--
                    ``(A) Possession of the united states.--For
                purposes of this subsection, the term `possession of
                the United States' includes the Commonwealth of Puerto
                Rico and the Commonwealth of the Northern Mariana
                Islands.
                    ``(B) Mirror code tax system.--For purposes of this
                subsection, the term `mirror code tax system' means,
                with respect to any possession of the United States,
                the income tax system of such possession if the income
                tax liability of the residents of such possession under
                such system is determined by reference to the income
                tax laws of the United States as if such possession
                were the United States, and such system includes a tax
                credit substantially identical to the credit allowed
                under this section.
                    ``(C) Treatment of payments.--For purposes of
                section 1324(b)(2) of title 31, United States Code, or
                any similar rule of law, any payment made under this
                subsection shall be treated in the same manner as a
                refund due from the credit allowed under this
                section.''.
    (b) Child Tax Credit.--Section 24 of such Code is amended by adding
at the end the following:
    ``(h) Payments to Virgin Islands and Guam for Lost Revenue.--The
Secretary shall make annual payments to the Virgin Islands and to Guam
in amounts equal to the aggregate loss to the Virgin Islands or Guam,
as the case may be, by reason of the application of this section with
respect to taxable years beginning after 2015. Such amounts shall be
determined by the Secretary based on information provided by the Virgin
Islands and Guam. For purposes of section 1324(b)(2) of title 31,
United States Code, the payments under this subsection shall be treated
in the same manner as a refund due from the credit allowed under this
section.''.
    (c) Effective Date.--The amendments made by this section shall
apply with respect to taxable years beginning after December 31, 2015.

SEC. 4. STUDY AND REPORT REGARDING VIRGIN ISLANDS PUBLIC PENSION PLANS.

    Not later than 6 months after the date of the enactment of this
Act, the Joint Board for the Enrollment of Actuaries established under
section 3041 of the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1241) shall report to the Office of Domestic Finance of the
Department of the Treasury on recommendations on actions that would be
necessary to ensure that the public pension plans of the Virgin Islands
can be sustainably maintained and funded by the government of the
Virgin Islands for the next 20 years.

Summary: Territorial Economic Growth and Recovery Act of 2016 This bill amends the Internal Revenue Code to repeal the limitation on the amount of distilled spirits excise taxes covered over to the treasuries of the Virgin Islands and Puerto Rico. If Puerto Rico or the Northern Mariana Islands has a tax system that mirrors federal tax law , the Department of the Treasury must pay each possession amounts equal to the loss to the possession due to the application of the Earned Income Tax Credit (EITC). If the possession does not have a mirror code tax system, Treasury must pay to the possession an amount equal to the aggregate benefits that would have been provided to residents of the possession by applying the EITC if a mirror code tax system had been in effect. Treasury must pay to the Virgin Islands and Guam amounts equal to the aggregate loss to the Virgin Islands or Guam due to the Child Tax Credit. The Joint Board for the Enrollment of Actuaries must submit to Treasury's Office of Domestic Finance recommendations for actions that would be necessary to ensure that the public pension plans of the Virgin Islands can be sustainably maintained and funded by the government of the Virgin Islands for the next 20 years.


SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
    (a) Short Title.--This Act may be cited as the ``Judicial
Administration and Technical Amendments Act of 2008''.
    (b) Table of Contents.--The table of contents for this Act is as
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Change in composition of divisions of western district of
          Tennessee.
Sec. 3. Supplemental attendance fee for petit jurors serving on lengthy
          trials.
Sec. 4. Authority of district courts as to a jury summons.
Sec. 5. Public drawing specifications for jury wheels.
Sec. 6. Assessment of court technology costs.
Sec. 7. Repeal of obsolete provision in the bankruptcy code relating to
          certain dollar amounts.
Sec. 8. Investment of court registry funds.
Sec. 9. Magistrate judge participation at circuit conferences.
Sec. 10. Selection of chief pretrial services officers.
Sec. 11. Attorney case compensation maximum amounts.
Sec. 12. Expanded delegation authority for reviewing Criminal Justice
          Act vouchers in excess of case compensation maximums.
Sec. 13. Repeal of obsolete cross-references to the Narcotic Addict
          Rehabilitation Act.
Sec. 14. Conditions of probation and supervised release.
Sec. 15. Contracting for services for pretrial defendants and post-
          conviction supervision offenders.
Sec. 16. Judge members of U.S. Sentencing Commission.
Sec. 17. Penalty for failure to appear for jury summons.
Sec. 18. Place of holding court for the District of Minnesota.
Sec. 19. Penalty for employers who retaliate against employees serving
          on jury duty.
SEC. 2. CHANGE IN COMPOSITION OF DIVISIONS OF WESTERN DISTRICT OF
TENNESSEE.
    (a) In General.--Section 123(c) of title 28, United States Code, is
amended--
        (1) in paragraph (1)--
            (A) by inserting ``Dyer,'' after ``Decatur,''; and
            (B) in the last sentence by inserting ``and Dyersburg''
        after ``Jackson''; and
        (2) in paragraph (2)--
            (A) by striking ``Dyer,''; and
            (B) in the second sentence, by striking ``and Dyersburg''.
    (b) Effective Date.--
        (1) In general.--The amendments made by this section shall take
    effect on the date of enactment of this Act.
        (2) Pending cases not affected.--The amendments made by this
    section shall not affect any action commenced before the effective
    date of this section and pending in the United States District
    Court for the Western District of Tennessee on such date.
        (3) Juries not affected.--The amendments made by this section
    shall not affect the composition, or preclude the service, of any
    grand or petit jury summoned, impaneled, or actually serving in the
    United States District Court for the Western District of Tennessee
    on the effective date of this section.
SEC. 3. SUPPLEMENTAL ATTENDANCE FEE FOR PETIT JURORS SERVING ON LENGTHY
TRIALS.
    (a) In General.--Section 1871(b)(2) of title 28, United States
Code, is amended by striking ``thirty'' in each place it occurs and
inserting ``ten''.
    (b) Effective Date.--The amendments made by this section shall take
effect on October 1, 2009.
SEC. 4. AUTHORITY OF DISTRICT COURTS AS TO A JURY SUMMONS.
    Section 1866(g) of title 28, United States Code, is amended in the
first sentence--
        (1) by striking ``shall'' and inserting ``may''; and
        (2) by striking ``his''.
SEC. 5. PUBLIC DRAWING SPECIFICATIONS FOR JURY WHEELS.
    (a) Drawing of Names From Jury Wheel.--Section 1864(a) of title 28,
United States Code, is amended--
        (1) in the first sentence, by striking ``publicly''; and
        (2) by inserting ``The clerk or jury commission shall post a
    general notice for public review in the clerk's office and on the
    court's website explaining the process by which names are
    periodically and randomly drawn.'' after the first sentence.
    (b) Selection and Summoning of Jury Panels.--Section 1866(a) of
title 28, United States Code, is amended--
        (1) in the second sentence, by striking ``publicly''; and
        (2) by inserting ``The clerk or jury commission shall post a
    general notice for public review in the clerk's office and on the
    court's website explaining the process by which names are
    periodically and randomly drawn.'' after the second sentence.
    (c) Technical and Conforming Amendment.--Section 1869 of title 28,
United States Code, is amended--
        (1) in subsection (j), by adding ``and'' at the end;
        (2) by striking subsection (k); and
        (3) by redesignating subsection (l) as subsection (k).
SEC. 6. ASSESSMENT OF COURT TECHNOLOGY COSTS.
    Section 1920 of title 28, United States Code, is amended--
        (1) in paragraph (2), by striking ``of the court reporter for
    all or any part of the stenographic transcript'' and inserting
    ``for printed or electronically recorded transcripts''; and
        (2) in paragraph (4), by striking ``copies of papers'' and
    inserting ``the costs of making copies of any materials where the
    copies are''.
SEC. 7. REPEAL OF OBSOLETE PROVISION IN THE BANKRUPTCY CODE RELATING TO
CERTAIN DOLLAR AMOUNTS.
    Section 104 of title 11, United States Code, is amended--
        (1) by striking subsection (a);
        (2) by redesignating subsection (b)(1) as subsection (a) and
    subparagraphs (A) and (B) of that subsection as paragraphs (1) and
    (2), respectively;
        (3) by redesignating subsection (b)(2) as subsection (b);
        (4) by redesignating subsection (b)(3) as subsection (c); and
        (5) in subsection (c) (as redesignated by paragraph (4) of this
    section), by striking ``paragraph (1)'' and inserting ``subsection
    (a)''.
SEC. 8. INVESTMENT OF COURT REGISTRY FUNDS.
    (a) In General.--Chapter 129 of title 28, United States Code, is
amended by inserting after section 2044 the following:
``Sec. 2045. Investment of court registry funds
    ``(a) The Director of the Administrative Office of the United
States Courts, or the Director's designee under subsection (b), may
request the Secretary of the Treasury to invest funds received under
section 2041 in public debt securities with maturities suitable to the
needs of the funds, as determined by the Director or the Director's
designee, and bearing interest at a rate determined by the Secretary of
the Treasury, taking into consideration current market yields on
outstanding marketable obligations of the United States of comparable
maturity.
    ``(b) The Director may designate the clerk of a court described in
section 610 to exercise the authority conferred by subsection (a).''.
    (b) Technical and Conforming Amendment.--The table of sections for
chapter 129 of title 28, United States Code, is amended by adding at
the end the following:

``2045. Investment of court registry funds.''.
SEC. 9. MAGISTRATE JUDGE PARTICIPATION AT CIRCUIT CONFERENCES.
    Section 333 of title 28, United States Code, is amended in the
first sentence by inserting ``magistrate,'' after ``district,''.
  SEC. 10. SELECTION OF CHIEF PRETRIAL SERVICES OFFICERS.
    Section 3152 of title 18, United States Code, is amended by
striking subsection (c) and inserting the following:
    ``(c) The pretrial services established under subsection (b) of
this section shall be supervised by a chief pretrial services officer
appointed by the district court. The chief pretrial services officer
appointed under this subsection shall be an individual other than one
serving under authority of section 3602 of this title.''.
  SEC. 11. ATTORNEY CASE COMPENSATION MAXIMUM AMOUNTS.
    Section 3006A(d)(2) of title 18, United States Code, is amended by
adding ``The compensation maximum amounts provided in this paragraph
shall increase simultaneously by the same percentage, rounded to the
nearest multiple of $100, as the aggregate percentage increases in the
maximum hourly compensation rate paid pursuant to paragraph (1) for
time expended since the case maximum amounts were last adjusted.'' at
the end.
  SEC. 12. EXPANDED DELEGATION AUTHORITY FOR REVIEWING CRIMINAL JUSTICE
      ACT VOUCHERS IN EXCESS OF CASE COMPENSATION MAXIMUMS.
    (a) Waiving Maximum Amounts.--Section 3006A(d)(3) of title 18,
United States Code, is amended in the second sentence by inserting ``or
senior'' after ``active''.
    (b) Services Other Than Counsel.--Section 3006A(e)(3) of title 18,
United States Code, is amended in the second sentence by inserting ``or
senior'' after ``active''.
    (c) Counsel for Financially Unable Defendants.--Section 3599(g)(2)
of title 18, United States Code, is amended in the second sentence by
inserting ``or senior'' after ``active''.
  SEC. 13. REPEAL OF OBSOLETE CROSS-REFERENCES TO THE NARCOTIC ADDICT
      REHABILITATION ACT.
    Section 3161(h) of title 18, United States Code, is amended--
        (1) in paragraph (1)--
            (A) by striking subparagraphs (B) and (C); and
            (B) by redesignating subparagraphs (D) through (J) as
        subparagraphs (B) through (H), respectively;
        (2) by striking paragraph (5); and
        (3) by redesignating paragraphs (6) through (9) as paragraphs
    (5) through (8), respectively.
  SEC. 14. CONDITIONS OF PROBATION AND SUPERVISED RELEASE.
    (a) Conditions of Probation.--Section 3563(a)(2) of title 18,
United States Code, is amended by striking ``(b)(2), (b)(3), or
(b)(13),'' and inserting ``(b)(2) or (b)(12), unless the court has
imposed a fine under this chapter, or''.
    (b) Supervised Release After Imprisonment.--Section 3583(d) of
title 18, United States Code, is amended by striking ``section
3563(b)(1)'' and all that follows through ``appropriate.'' and
inserting ``section 3563(b) and any other condition it considers to be
appropriate, provided, however that a condition set forth in subsection
3563(b)(10) shall be imposed only for a violation of a condition of
supervised release in accordance with section 3583(e)(2) and only when
facilities are available.''.
    (c) Technical and Conforming Amendment.--Section 3563(b)(10) of
title 18, United States Code, is amended by inserting ``or supervised
release'' after ``probation''.
  SEC. 15. CONTRACTING FOR SERVICES FOR PRETRIAL DEFENDANTS AND POST-
      CONVICTION SUPERVISION OFFENDERS.
    (a) Pretrial Service Functions.--Section 3154(4) of title 18,
United States Code, is amended by inserting ``, and contract with any
appropriate public or private agency or person, or expend funds, to
monitor and provide treatment as well as nontreatment services to any
such persons released in the community, including equipment and
emergency housing, corrective and preventative guidance and training,
and other services reasonably deemed necessary to protect the public
and ensure that such persons appear in court as required'' before the
period.
    (b) Duties of Director of Administrative Office of the United
States Courts.--Section 3672 of title 18, United States Code, is
amended in the seventh undesignated paragraph--
        (1) in the third sentence, by striking ``negotiate and award
    such contracts'' and inserting ``negotiate and award contracts
    identified in this paragraph''; and
        (2) in the fourth sentence, by inserting ``to expend funds or''
    after ``He shall also have the authority''.
  SEC. 16. JUDGE MEMBERS OF U.S. SENTENCING COMMISSION.
    Section 991(a) of title 28, United States Code, is amended in the
third sentence by striking ``Not more than'' and inserting ``At
least''.
  SEC. 17. PENALTY FOR FAILURE TO APPEAR FOR JURY SUMMONS.
    (a) Section 1864 Summons.--Section 1864(b) of title 28, United
States Code, is amended by striking ``$100 or imprisoned not more than
three days, or both.'' each place it appears and inserting ``$1,000,
imprisoned not more than three days, ordered to perform community
service, or any combination thereof.''.
    (b) Section 1866 Summons.--Section 1866(g) of title 28, United
States Code, is amended by striking ``$100 or imprisoned not more than
three days, or both.'' and inserting ``$1,000, imprisoned not more than
three days, ordered to perform community service, or any combination
thereof.''.
  SEC. 18. PLACE OF HOLDING COURT FOR THE DISTRICT OF MINNESOTA.
    Section 103(6) of title 28, United States Code, is amended in the
second sentence by inserting ``and Bemidji'' before the period.
  SEC. 19. PENALTY FOR EMPLOYERS WHO RETALIATE AGAINST EMPLOYEES
      SERVING ON JURY DUTY.
    Section 1875(b)(3) of title 28, United States Code, is amended by
striking ``$1,000 for each violation as to each employee.'' and
inserting ``$5,000 for each violation as to each employee, and may be
ordered to perform community service.''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and
                                               President of the Senate.

Summary: Judicial Administration and Technical Amendments Act of 2008 - Amends the federal judicial code to: (1) move Dyer County from the Western Division to the Eastern Division of the Western Judicial District of Tennessee. And (2) make Dyersburg a site where the Court for the Eastern Division shall be held. Reduces from 30 days to 10 days the minimum length of time a petit juror must serve on a trial before the court may pay a supplemental attendance fee. Changes from a requirement to discretionary the authority of the district court to order any person summoned for jury service who fails to appear as directed to appear forthwith and show cause for failure to comply with the summons. Requires the clerk or jury commission to post a general notice for public review in the clerk's office and on the court's website explaining the process by which names are periodically and randomly drawn from the master jury wheel. Revises the items for which a judge or clerk of any court of the United States may tax as costs to specify: (1) printed or electronically recorded transcripts. And (2) copies of any materials where the copies are necessarily obtained for use in the case. Repeals obsolete provisions in the bankruptcy code relating to certain dollar amounts. Authorizes the Director of the Administrative Office of the United States Courts, or a designated clerk of court, to request the Secretary of the Treasury to invest court registry funds in interest-bearing public debt securities. Authorizes magistrate judge participation at circuit conferences. Amends the federal criminal code to repeal the requirement that a chief pretrial services officer be selected by a panel consisting of the chief judge of the circuit, the chief judge of the district, and a magistrate judge of the district or their designees. Requires, instead, that the chief pretrial services officer be appointed by the district court. Requires indexing, according to a specified formula, of the maximum amount of compensation payable to attorneys for representing defendants. Expands delegation authority for reviewing and approving Criminal Justice Act vouchers in excess of case compensation maximums for: (1) representation of defendants, (2) services other than counsel. Or (3) service as counsel for financially unable defendants. Authorizes the chief judge of the circuit to delegate such approval authority to a senior circuit judge . Repeals obsolete cross-references to the Narcotic Addict Rehabilitation Act in speedy trial requirements. Makes technical and conforming amendments to the federal criminal code with respect to conditions of probation and supervised release after imprisonment. Includes among pretrial services functions contracting with any appropriate public or private agency or person, or expending funds, to monitor and provide treatment as well as nontreatment services to any such persons released in the community, including equipment and emergency housing, corrective and preventative guidance and training, and other services reasonably deemed necessary to protect the public and ensure that such persons appear in court as required. Amends the federal judicial code to require at least Increases from $100 to $1,000 the monetary penalty for failure to appear for a jury summons. Authorizes the court to order community service as a penalty as well. Requires court for the Sixth Division of the Minnesota Judicial District to be held at Bemidji . Increases from $1,000 to $5,000 the monetary penalty for employers who retaliate against employees serving on jury duty. Authorizes the court to order community service as a penalty as well.

A bill to make improvements in the operation and administration of the Federal courts, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Restore Opportunity, Strengthen, and
Improve the Economy Act''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--The Congress of the United States finds the
following:
            (1) The disappearance of good jobs, the shrinking of the
        middle class, and growing income inequality are the greatest
        domestic challenges confronting the Nation.
            (2) The United States Government is the largest purchaser
        of goods and services in the Nation's private-sector economy,
        spending over $1.5 trillion dollars annually at firms that
        employ a quarter of American workers.
            (3)(A) Federal purchasing power is currently creating
        millions of poverty-level jobs, subsidizing labor law-breakers,
        and funding ballooning executive compensation.
            (B) The Federal Government is the Nation's leading creator
        of low-wage jobs in the private sector, funding more than
        2,000,000 jobs paying under $12 per hour.
            (C) The Federal Government awards taxpayer dollars to a
        substantial number of firms that violate Federal labor,
        employment, and occupational safety laws.
            (D) Federal Government purchasing subsidizes the excessive
        salaries of private-sector executives who do business with the
        American people.
            (4) When Federal purchasing power is used in such a manner,
        workers have less to spend on the necessities of life and are
        forced to rely on public assistance. Lack of working purchasing
        power hurts job creation and undermines economic growth,
        ultimately imposing significant costs on American taxpayers.
            (5)(A) Federal purchasing power should be used to create
        good jobs, rebuild the middle class, and curb rising income
        inequality.
            (B) Federal purchasing power should be used to create good
        jobs for America. Good jobs allow workers and their families to
        live in dignity without relying on public assistance or private
        charity. Good jobs pay enough to provide for subsistence,
        health care, education, housing, and savings, as well as enough
        disposable income to allow workers to enjoy quality time off
        with their loved ones.
            (C) Federal purchasing power should be used to rebuild the
        middle class. A strong middle class stimulates the economy by
        increasing consumer spending and job growth.
            (D) Federal purchasing power should be used to narrow the
        growing gulf between the richest one percent of the population
        and ordinary working families that is threatening the survival
        of participatory democracy.
    (b) Purposes.--The purposes of this Act are the following:
            (1) To use Federal purchasing power to incentivize private-
        sector firms.
            (2) To create good jobs for America's workers.
            (3) To rebuild America's middle class.
            (4) To address America's crisis of income inequality.
            (5) To invigorate the economy by increasing the purchasing
        power of working Americans.

SEC. 3. GOOD JOBS MODEL EMPLOYER STANDARDS.

    For purposes of this Act, a Good Jobs Model Employer is one which
meets the following standards:
            (1) Respects employees' rights to bargain collectively with
        their employers without being forced to take strike action to
        win better wages and working conditions.
            (2) Offers to each employee living wages, decent benefits
        including health care, paid leave for sickness and caregiving,
        and fair work schedules that are predictable and stable.
            (3) Affirmatively demonstrates an exemplary standard of
        compliance with workplace protection laws, including laws
        governing labor relations, wages and hours, and health and
        safety, as well as other applicable labor laws.
            (4) Limits executive compensation to 50 times the median
        salary paid to the company's workers.
            (5) Employs a workforce not less than 35 percent of which
        reside within one or more Historically Underutilized Business
        Zones.
            (6) Subcontracts only with other Good Jobs Model Employers.

SEC. 4. APPLICATION TO FEDERAL CONTRACTS AND ASSISTANCE.

    (a) Eligibility for Award of Procurement Contracts.--In the award
of a contract for the acquisition of supplies or services, an executive
agency may not award the contract to a source that is not a Good Jobs
Model Employer, unless there is no offer from a source that is a Good
Jobs Model Employer.
    (b) Eligibility for Award of Financial and Nonfinancial
Assistance.--An executive agency may not provide other forms of
financial or nonfinancial assistance to entities that are not model
employers when there is a similarly situated Good Jobs Model Employer
that could receive the assistance, unless doing so would substantially
undermine the value of the assistance to the public good.
    (c) Incorporation Into Future Federal Contracts and Assistance
Agreements.--Beginning on January 1, 2015, executive agencies shall
incorporate into each new contract, contract-like instrument, or
assistance agreement a clause requiring the contractor or recipient to
conduct itself as a Good Jobs Model Employer for the duration of the
contract.
    (d) Exclusions.--None of the provisions of this section shall be
interpreted to apply to--
            (1) direct Federal statutory entitlements;
            (2) mandatory awards;
            (3) direct awards to foreign governments or public
        international organizations;
            (4) benefits to an individual as a personal entitlement; or
            (5) Federal employment.

SEC. 5. IMPLEMENTATION.

    (a) Good Jobs Model Employer Standards.--The Secretary of Labor
shall promulgate regulations implementing the Good Jobs Model Employer
Standards of section 3(a) so as to effect the policy and purposes of
this Act within 180 days after the date of enactment of this Act. The
Secretary of Labor shall amend these regulations as necessary so that
they continue to effect the policy and purposes of this Act.
    (b) Procurement Policy.--The Administrator of General Services, the
Secretary of Defense, and the Administrator of the National Aeronautics
and Space Administration, in coordination with the Office of Federal
Procurement Policy, shall amend the Federal Acquisition Regulation
within 180 days after the date of enactment of this Act to effect the
policy and purposes of this Act, and subsequently as necessary to
continue to effect the policy and purposes of this Act.
    (c) Debarment or Suspension.--
            (1) An organization which acquires any form of financial or
        nonfinancial benefit or a contract from an executive agency
        through the operation of the procedure described in section 4
        shall be placed on the Excluded Parties List enacted by
        Executive Orders 12549 and 12689 for a period of at least 2
        years if it fails to remain a model employer for the duration
        of the benefit.
            (2) An organization which violates a Good Job Model
        Employer clause in a contract or agreement required by section
        4(c) shall be placed on the Excluded Parties List enacted by
        Executive Orders 12549 and 12689 for a period of 3 years.
            (3) Parties which are suspended multiple times may be
        debarred permanently.

SEC. 6. SEVERABILITY.

    If any provision of this Act, or applying such provision to any
person or circumstance, is held to be invalid, the remainder of this
Act and the application of the provisions of such to any person or
circumstance shall not be affected thereby.

Summary: Restore Opportunity, Strengthen, and Improve the Economy Act - Prohibits an executive agency from awarding a contract for the acquisition of supplies or services to a source that is not a Good Jobs Model Employer, unless there is no offer from such an employer. Defines a quot, Good Jobs Model Employerquot. As one that: respects employees' rights to bargain collectively with their employers without being forced to take strike action to win better wages and working conditions. Offers to each employee living wages, decent benefits including health care, paid leave for sickness and caregiving, and fair work schedules that are predictable and stable. Affirmatively demonstrates an exemplary standard of compliance with workplace protection laws, including laws governing labor relations, wages and hours, and health and safety, as well as other applicable labor laws. Limits executive compensation to 50 times the median salary paid to the company's workers. Employs a workforce not less than 35 of which reside within one or more Historically Underutilized Business Zones. And subcontracts only with other Good Jobs Model Employers. Prohibits an executive agency from providing other forms of assistance to entities that are not model employers when there is a similarly situated Good Jobs Model Employer that could receive the assistance, unless doing so would substantially undermine the value of the assistance to the public good. Requires executive agencies to incorporate into each new contract or assistance agreement a clause requiring the contractor or recipient to conduct itself as a Good Jobs Model Employer for the duration of the contract. Provides for the suspension of a contractor or assistance recipient that fails to do so and for debarment for multiple violations. Requires: (1) the Secretary of Labor to promulgate regulations implementing such Good Jobs Model Employer standards, and (2) specified officials to amend the Federal Acquisition Regulation to effect the policy and purposes of this Act.


SECTION 1. RECOVERY PERIOD FOR DEPRECIATION OF CERTAIN SYSTEMS
              INSTALLED IN NONRESIDENTIAL AND RESIDENTIAL RENTAL
              BUILDINGS.

    (a) 20-Year Recovery Period for Highly Efficient HVAC&R
Equipment.--Subparagraph (F) of section 168(e)(3) of the Internal
Revenue Code of 1986 (relating to 20-year property) is amended to read
as follows:
                    ``(F) 20-year property.--The term `20-year
                property' means--
                            ``(i) initial clearing and grading land
                        improvements with respect to any electric
                        utility transmission and distribution plant,
                        and
                            ``(ii) any property--
                                    ``(I) which is part of a heating,
                                ventilation, air conditioning, or
                                commercial refrigeration system,
                                    ``(II) which exceeds by at least 10
                                percent the applicable minimum
                                performance standard for such system or
                                component under the National Appliance
                                Energy Conservation Act of 1987 or the
                                Energy Policy Act of 1992 (as such Acts
                                are in effect on the date that such
                                property is placed in service and
                                taking into account any changes to the
                                American Society of Heating,
                                Refrigerating and Air-conditioning
                                Engineers Standard 90.1 which have been
                                adopted by the Department of Energy as
                                of such date),
                                    ``(III) which is installed on or in
                                a building which is nonresidential real
                                property or residential rental
                                property,
                                    ``(IV) the original use of which
                                commences with the taxpayer (the owner
                                or lessor in the case of residential
                                rental property), and
                                    ``(V) which is placed in service
                                before January 1, 2013.''
    (b) 25-Year Recovery Period.--Section 168(e)(3) of such Code is
further amended by inserting after subparagraph (F) the following new
subparagraph:
                    ``(G) 25-year property.--The term `25-year
                property' means any property--
                            ``(i) which is part of a heating,
                        ventilation, air conditioning, or commercial
                        refrigeration system,
                            ``(ii) which is not described in
                        subparagraph (F),
                            ``(iii) which is installed on or in a
                        building which is nonresidential real property
                        or residential rental property,
                            ``(iv) the original use of which commences
                        with the taxpayer (the owner or lessor in the
                        case of residential rental property), and
                            ``(v) which is placed in service before
                        January 1, 2013.''.
    (c) Conforming Amendments.--
            (1) The table contained in section 168(c) of such Code is
        amended by inserting after the item relating to 20-year
        property the following new item:

        ``25-year property................................. 25 years''.
            (2) The table contained in section 467(e)(3)(A) of such
        Code is amended by inserting after the item relating to
        residential rental property and nonresidential real property
        the following new item:

        ``25-year property................................. 25 years''.
    (d) Requirement To Use Straight Line Method.--Paragraph (3) of
section 168(b) of such Code (relating to property to which straight
line method applies) is amended by redesignating subparagraphs (F),
(G), (H), and (I) as subparagraphs (G), (H), (I), and (J),
respectively, and by inserting after subparagraph (E) the following new
subparagraph:
            ``(F) Property described in subsection (e)(3)(F)(ii) and
        subsection (e)(3)(G).''.
    (e) Alternative System.--The table contained in section
168(g)(3)(B) of such Code is amended by striking the items relating to
subparagraph (F) and inserting the following new items:

        ``(F)(i)...............................................     20
         (F)(ii)...............................................     20
         (G)...................................................   25''.
    (f) Effective Date.--The amendments made by this section shall
apply to property placed in service after December 31, 2008.

Summary: Amends the Internal Revenue Code to provide for accelerated depreciation of certain energy-efficient heating, ventilation, air conditioning, or commercial refrigeration property installed in nonresidential real property or residential rental property and placed in service before January 1, 2013.

To amend the Internal Revenue Code of 1986 to provide a shorter recovery period for the depreciation of certain systems installed in nonresidential real property or residential rental property.