SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Liberian Refugee Immigration
Fairness Act of 2009''.

SEC. 2. ADJUSTMENT OF STATUS.

    (a) Adjustment of Status.--
            (1) In general.--
                    (A) Eligibility.--Except as provided under
                subparagraph (B), the Secretary of Homeland Security
                shall adjust the status of an alien described in
                subsection (b) to that of an alien lawfully admitted
                for permanent residence, if the alien--
                            (i) applies for adjustment before April 1,
                        2011; and
                            (ii) is otherwise eligible to receive an
                        immigrant visa and admissible to the United
                        States for permanent residence, except that, in
                        determining such admissibility, the grounds for
                        inadmissibility specified in paragraphs (4),
                        (5), (6)(A), and (7)(A) of section 212(a) of
                        the Immigration and Nationality Act (8 U.S.C.
                        1182(a)) shall not apply.
                    (B) Ineligible aliens.--An alien shall not be
                eligible for adjustment of status under this section if
                the Secretary of Homeland Security determines that the
                alien has been convicted of--
                            (i) any aggravated felony (as defined in
                        section 101(a)(43) of the Immigration and
                        Nationality Act (8 U.S.C. 1101(a)(43)); or
                            (ii) 2 or more crimes involving moral
                        turpitude.
            (2) Relationship of application to certain orders.--
                    (A) In general.--An alien present in the United
                States who has been subject to an order of exclusion,
                deportation, or removal, or has been ordered to depart
                voluntarily from the United States under any provision
                of the Immigration and Nationality Act may,
                notwithstanding such order, apply for adjustment of
                status under paragraph (1) if otherwise qualified under
                such paragraph.
                    (B) Separate motion not required.--An alien
                described in subparagraph (A) may not be required, as a
                condition of submitting or granting such application,
                to file a separate motion to reopen, reconsider, or
                vacate the order described in subparagraph (A).
                    (C) Effect of decision by secretary.--If the
                Secretary of Homeland Security grants an application
                under paragraph (1), the Secretary shall cancel the
                order described in subparagraph (A). If the Secretary
                of Homeland Security makes a final decision to deny the
                application, the order shall be effective and
                enforceable to the same extent as if the application
                had not been made.
    (b) Aliens Eligible for Adjustment of Status.--
            (1) In general.--The benefits provided under subsection (a)
        shall apply to any alien--
                    (A) who is--
                            (i) a national of Liberia; and
                            (ii) has been continuously present in the
                        United States from January 1, 2009, through the
                        date of application under subsection (a); or
                    (B) who is the spouse, child, or unmarried son or
                daughter of an alien described in subparagraph (A).
            (2) Determination of continuous physical presence.--For
        purposes of establishing the period of continuous physical
        presence referred to in paragraph (1), an alien shall not be
        considered to have failed to maintain continuous physical
        presence by reasons of an absence, or absences, from the United
        States for any period or periods amounting in the aggregate to
        not more than 180 days.
    (c) Stay of Removal.--
            (1) In general.--The Secretary of Homeland Security shall
        provide by regulation for an alien who is subject to a final
        order of deportation or removal or exclusion to seek a stay of
        such order based on the filing of an application under
        subsection (a).
            (2) During certain proceedings.--Notwithstanding any
        provision in the Immigration and Nationality Act, the Secretary
        of Homeland Security shall not order an alien to be removed
        from the United States if the alien is in exclusion,
        deportation, or removal proceedings under any provision of such
        Act and has applied for adjustment of status under subsection
        (a), except where the Secretary of Homeland Security has made a
        final determination to deny the application.
            (3) Work authorization.--
                    (A) In general.--The Secretary of Homeland Security
                may--
                            (i) authorize an alien who has applied for
                        adjustment of status under subsection (a) to
                        engage in employment in the United States
                        during the pendency of such application; and
                            (ii) provide the alien with an ``employment
                        authorized'' endorsement or other appropriate
                        document signifying authorization of
                        employment.
                    (B) Pending applications.--If an application for
                adjustment of status under subsection (a) is pending
                for a period exceeding 180 days and has not been
                denied, the Secretary of Homeland Security shall
                authorize such employment.
    (d) Record of Permanent Residence.--Upon the approval of an alien's
application for adjustment of status under subsection (a), the
Secretary of Homeland Security shall establish a record of the alien's
admission for permanent record as of the date of the alien's arrival in
the United States.
    (e) Availability of Administrative Review.--The Secretary of
Homeland Security shall provide to applicants for adjustment of status
under subsection (a) the same right to, and procedures for,
administrative review as are provided to--
            (1) applicants for adjustment of status under section 245
        of the Immigration and Nationality Act (8 U.S.C. 1255); and
            (2) aliens subject to removal proceedings under section 240
        of such Act (8 U.S.C. 1229a).
    (f) Limitation on Judicial Review.--A determination by the
Secretary of Homeland Security regarding the adjustment of status of
any alien under this section is final and shall not be subject to
review by any court.
    (g) No Offset in Number of Visas Available.--If an alien is granted
the status of having been lawfully admitted for permanent residence
pursuant to this section, the Secretary of State shall not be required
to reduce the number of immigrant visas authorized to be issued under
any provision of the Immigration and Nationality Act (8 U.S.C. 1101 et
seq.).
    (h) Application of Immigration and Nationality Act Provisions.--
            (1) Definitions.--Except as otherwise specifically provided
        in this Act, the definitions contained in the Immigration and
        Nationality Act (8 U.S.C. 1101 et seq.) shall apply in this
        section.
            (2) Savings provision.--Nothing in this Act may be
        construed to repeal, amend, alter, modify, effect, or restrict
        the powers, duties, function, or authority of the Secretary of
        Homeland Security in the administration and enforcement of the
        Immigration and Nationality Act or any other law relating to
        immigration, nationality, or naturalization.
            (3) Effect of eligibility for adjustment of status.--
        Eligibility to be granted the status of having been lawfully
        admitted for permanent residence under this section shall not
        preclude an alien from seeking any status under any other
        provision of law for which the alien may otherwise be eligible.

Summary: Liberian Refugee Immigration Fairness Act of 2009 - Adjusts to permanent resident status a qualifying Liberian national who: (1) has been continuously present in the United States from January 1, 2009, through the date of status adjustment application. Or (2) is the spouse, child, or unmarried son or daughter of such an alien. Requires adjustment applications to be filed before April 1, 2011.

A bill to provide for the adjustment of status of certain nationals of Liberia to that of lawful permanent residents.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Domestic Violence Prevention,
Education, and Awareness Act''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) Nearly one-third of American women report being
        physically or sexually abused by a husband or boyfriend at some
        point in their lives.
            (2) Family violence costs the nation between $5,000,000,000
        and $10,000,000,000 each year in medical expenses, police and
        court costs, shelters and foster care, sick leave, absenteeism,
        and nonproductivity.
            (3) The United States is becoming increasingly
        multicultural, and racial and ethnic minorities are expected to
        constitute approximately 50 percent of the United States
        population by 2050.
            (4) Two-thirds of female immigrants to the United States
        originate from Asia, Latin America, the Caribbean, and the
        Middle East, and they migrate here to seek economic security,
        reunify their families, or escape prosecution.
            (5) Racial and ethnic minority women and immigrant women
        face unique challenges to reporting and getting help for
        domestic violence.
            (6) Structural inequalities experienced by racial and
        ethnic minority communities and immigrant communities,
        including poverty and discrimination, may contribute to higher
        rates of violence.
            (7) Problems of domestic violence are exacerbated for
        immigrants when spouses control the immigration status of their
        family members, and abusers use threats of refusal to file
        immigration papers and threats to deport spouses and children
        as powerful tools to prevent battered immigrant women from
        seeking help, trapping battered immigrant women in violent
        homes because of fear of deportation.
            (8) Many racial and ethnic minority women and immigrant
        women face cultural barriers to reporting abuse or seeking help
        for domestic violence, including but not limited to strong
        religious beliefs that stress the importance of keeping family
        intact, fear of dishonor, or a belief that negative events
        occur regardless of attempts to prevent them.
            (9) Many racial and ethnic minority women and immigrant
        women also face institutional barriers to reporting abuse or
        seeking help for domestic violence, including but not limited
        to restrictions on public assistance, limited access to
        immigration relief, lack of translators or bilingual
        professionals, little educational material in the woman's
        native language, treatment programs that do not take into
        account ethnic and cultural differences, prohibitive fee
        structures, and inflexible or inconvenient hours of operation.

SEC. 3. GRANTS FOR PUBLIC INFORMATION CAMPAIGNS TO EDUCATE RACIAL AND
              ETHNIC MINORITY COMMUNITIES AND IMMIGRANT COMMUNITIES
              ABOUT DOMESTIC VIOLENCE.

    (a) In General.--From amounts made available to carry out this
section, the Attorney General, acting through the Violence Against
Women Office, shall make grants to public or private nonprofit
entities, States, and Indian tribes and tribal organizations to carry
out public information campaigns for the purpose of educating racial
and ethnic minority communities and immigrant communities about
domestic violence, including the effects of domestic violence, methods
of preventing or reducing domestic violence, and services available to
victims of domestic violence.
    (b) Use of Grant Amounts.--Grant amounts under this section may be
used only to carry out public information campaigns for the purpose
specified in subsection (a) and to provide staffing appropriate to
carrying out the campaigns.
    (c) Elements of Campaigns.--Each public information campaign
carried out under this section shall consist of one or more of the
following elements:
            (1) Public service announcements.
            (2) Paid educational messages for print media.
            (3) Public transit advertising.
            (4) Electronic broadcast media.
            (5) Any other mode of conveying information that the
        Attorney General determines to be appropriate.
    (d) Requirements for Grant.--The Attorney General may award a grant
under this section to an applicant only if the Attorney General
determines that--
            (1) the campaign will be carried out in consultation with
        local domestic violence advocates or State domestic violence
        coalitions;
            (2) the campaign is designed to be conducted in a
        culturally sensitive manner using one or more culturally
        appropriate languages;
            (3) the applicant has an adequate plan to test-market the
        campaign with a relevant community or group in the relevant
        geographic area, and will carry out that plan; and
            (4) the applicant will use effectiveness criteria in
        carrying out the campaign and an evaluation component to
        measure the effectiveness of the campaign.
    (e) Award Criteria.--In awarding grants under this section, the
Attorney General shall consider the following criteria:
            (1) Whether the applicant has, or will be partnering with
        an entity that has, a record of high quality campaigns of a
        comparable type.
            (2) Whether the applicant has, or will be partnering with
        an entity that has, a record of high quality campaigns that
        educate the communities and groups at greatest risk of domestic
        violence.
    (f) Application.--
            (1) In general.--To be eligible to receive a grant under
        this section, a State or entity must submit to the Attorney
        General an application that meets the requirements of paragraph
        (2).
            (2) Requirements.--An application submitted under this
        subsection shall be in such form, and submitted in such manner,
        as the Attorney General may prescribe, and shall include the
        following matters:
                    (A) A complete description of applicant's plan for
                the proposed public information campaign.
                    (B) An identification of the specific communities
                and groups to be educated by the campaign, and a
                description of how the campaign will educate the
                communities and groups at greatest risk of domestic
                violence.
                    (C) The plans of the applicant with respect to
                working with organizations that have expertise in
                developing culturally appropriate informational
                messages.
                    (D) A description of the geographic distribution of
                the campaign.
                    (E) An identification of the media organizations
                and other groups through which the campaign will be
                carried out and any memorandum of understanding or
                other agreement under which the campaign will be
                carried out.
                    (F) A description of the nature, amount,
                distribution, and timing of informational messages to
                be used in the campaign.
                    (G) Such information and assurances as the Attorney
                General may require to determine whether the
                requirements specified in subsection (d) will be
                satisfied, and whether the criteria specified in
                subsection (e) apply.
                    (H) Such other information and assurances as the
                Attorney General may require.
    (g) Definition.--For purposes of this section, the term ``State''
includes the District of Columbia, the Commonwealth of Puerto Rico, the
Virgin Islands, American Samoa, Guam, and any other territory or
possession of the United States.
    (h) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this Act.

Summary: Domestic Violence Prevention, Education, and Awareness Act - Requires the Attorney General, acting through the Violence Against Women Office, to make grants to public or private nonprofit entities, States, and Indian tribes and tribal organizations to carry out public information campaigns to educate racial and ethnic minority communities and immigrant communities about domestic violence, including its effects, methods of preventing or reducing it, and available services to such victims.

To provide grants for public information campaigns to educate racial and ethnic minority communities and immigrant communities about domestic violence.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``African Development Foundation Act
of 2006''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The African Development Foundation is uniquely
        promoting sustainable community-based solutions to economic and
        social development and is effectively supporting the
        development of African-owned small enterprises as engines of
        growth and sources of income and employment for the poor.
            (2) The African Development Foundation's programs advance
        United States interests in Africa and are in high demand across
        the continent, as evidenced by $20 million in host country
        contributions.
            (3) The Office of Management and Budget has determined the
        African Development Foundation to be a fully effective agency
        after assessing its program performance.
            (4) The African Development Foundation is the only United
        States Government agency working directly at the grassroots
        level, supporting African-designed and African-driven solutions
        to economic and social problems. The African Development
        Foundation enables individuals and groups to get out of poverty
        by putting their own ideas to work, instead of someone else's.
            (5) In 2005, African Development Foundation investments
        across Africa created more than 110,000 jobs for poor Africans
        and generated $70 million in gross revenues for enterprises.
        Almost 65 percent of micro and small entrepreneurs assisted by
        the African Development Foundation were women.
            (6) African Development Foundation-assisted groups had $35
        million in export sales in 2005. For example, in Tanzania, the
        African Development Foundation is helping several thousand
        small sugar cane producers improve their income. Mtibwa Sugar
        has increased its gross export revenues by 423 percent over the
        past three years, from US$1.188 million during fiscal year 2002
        to US$5.034 million in fiscal year 2005. In the Ruembe
        Outgrowers Association, sugar cane yields per hectare are up 30
        percent and cumulative export sales stand at US$4.7 million.
        The number of participating cane farmers has increased by 50
        percent since project inception and the income of the 1440
        growers has almost doubled as a consequence of investment by
        the African Development Foundation.
            (7) The African Development Foundation is supporting
        African solutions to prevent HIV/AIDS and to reduce its impact
        on families and communities. For example, in Swaziland, where
        almost 40 percent of adults are infected with the AIDS virus,
        the African Development Foundation is improving nutrition and
        providing income-generating opportunities for widows and
        orphans by helping them produce and market vegetables, in
        Ghana, the African Development Foundation funded the training
        of almost 1500 youth who conducted peer counseling on HIV/AIDS
        to more than 200,000 young people, in Plateau State, Nigeria,
        the African Development Foundation funded a pilot program to
        adapt and extend a faith-based life skills training program in
        the public secondary schools in which approximately 500
        teachers were trained in the new curriculum and more than
        25,000 students received year-long training, and in Tanzania,
        the African Development Foundation has experimented with
        supporting schemes that extend micro-credit to people living
        with HIV/AIDS, enabling them to start informal businesses and
        undertake income-generating activities.
            (8) The work of the African Development Foundation is a
        powerful example of the goodwill of the American people, and it
        is one of the most effective foreign assistance programs of the
        United States.

SEC. 3. AMENDMENTS TO AFRICAN DEVELOPMENT FOUNDATION ACT.

    (a) Redesignation.--
            (1) In general.--Section 503(a) of the African Development
        Foundation Act (Public Law 96-533; 22 U.S.C. 290h-1(a)) is
        amended by striking ```African Development Foundation''' and
        inserting ```United States African Development Foundation'''.
            (2) Reference.--Any reference to the African Development
        Foundation in any law, rule, regulation, certificate,
        directive, instruction, or other official paper in force on the
        date of the enactment of this Act shall be deemed to be a
        reference to the United States African Development Foundation.
    (b) Funding for Grants and Loans.--
            (1) Limitation.--Subsection (a) of section 505 of such Act
        (22 U.S.C. 290h-3) is amended--
                    (A) in paragraph (1), by inserting ``(including
                small enterprises, producer associations, and
                cooperatives)'' after ``entity''; and
                    (B) in paragraph (2)--
                            (i) by striking ``The total'' and inserting
                        ``Except as provided in this paragraph, the
                        total'';
                            (ii) by striking ``$250,000'' and inserting
                        ``$400,000''; and
                            (iii) by adding at the end the following
                        new sentence: ``The funding limitation
                        specified in this paragraph may be exceeded
                        only in exceptional circumstances upon approval
                        of the Board of the Directors and notification
                        to Congress.''.
            (2) Use of funds.--Subsection (b) of such section is
        amended, in the second sentence, by inserting before the period
        at the end the following: ``, including supporting projects
        which benefit the poor''.
            (3) Recipients.--Such section is amended by adding at the
        end the following new subsection:
    ``(c) To be eligible to receive grant, loan, or loan guarantee
under this section, a small enterprise referred to in subsection (a)
shall satisfy the following requirements:
            ``(1) Ownership is predominantly vested in one or more
        individuals who are indigenous to Africa and who are
        representative and knowledgeable of, and with a track record of
        responding to, the needs and aspirations of the poor.
            ``(2) Management and daily business operations of the
        entity are controlled by one or more individuals who are
        indigenous to Africa.''.
    (c) Powers of the Foundation.--Section 506(a)(5) of such Act (22
U.S.C. 290h-4(a)) is amended by inserting ``including providing
technical assistance to eligible recipients described in section
505(a)(1),'' after ``situated,''.
    (d) Basic Pay and Hiring Authorities.--Subsection (d) of section
507 of such Act (22 U.S.C. 290h-5) is amended--
            (1) in paragraph (1), in the second sentence, by striking
        ``level IV of the Executive Schedule under section 5315 of
        title 5'' and inserting ``level II of the Executive Schedule
        under section 5313 of title 5, United States Code'';
            (2) in paragraph (2), by adding at the end the following
        new sentence: ``Such experts and consultants may be employed
        without regard to section 5373 of such title.''; and
            (3) by adding at the end the following new paragraph:
            ``(3) Of the individuals employed by the Foundation, not to
        exceed four such individuals may be appointed, compensated, or
        removed without regard to the civil service laws and
        regulations. No individual appointed may receive a rate of pay
        that exceeds the rate for senior level positions under section
        5376 of title 5, United States Code. An employee of an agency
        serving in a career, career conditional, or non-temporary
        excepted service position who is appointed by the Foundation
        shall be entitled, on termination of such appointment for any
        reason other than for the misconduct or delinquence of such
        employee, to be reinstated in such employee's former position
        or a position of similar seniority and pay in the same
        agency.''.

Summary: African Development Foundation Act of 2006 - Amends the the African Development Foundation Act to redesignate the African Development Foundation as the United States African Development Foundation. Specifies that small enterprises, producer associations, and cooperatives are eligible for Foundation assistance grants, loans, and loan guarantee assistance. Increases the project assistance ceiling and permits such amount to be exceeded in exceptional circumstances upon Board of Directors approval and congressional notification. Requires a small enterprise to have its ownership and management and daily business operations vested in one or more individuals who are indigenous to Africa in order to qualify for Foundation assistance. Authorizes the Foundation to provide eligible recipients with technical assistance. Revises specified salary and hiring provisions.

To amend the African Development Foundation Act to redesignate the name of the Foundation, to increase funding for the mission of the Foundation, and to increase the powers of the Foundation.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Commission on the Review of the
Overseas Military Facility Structure of the United States Act of
2011''.

SEC. 2. COMMISSION ON REVIEW OF OVERSEAS MILITARY FACILITY STRUCTURE OF
              THE UNITED STATES.

    (a) In General.--
            (1) Establishment.--There is established the Commission on
        the Review of the Overseas Military Facility Structure of the
        United States (in this section referred to as the
        ``Commission'').
            (2) Composition.--
                    (A) In general.--The Commission shall be composed
                of eight members of whom--
                            (i) two shall be appointed by the majority
                        leader of the Senate;
                            (ii) two shall be appointed by the minority
                        leader of the Senate;
                            (iii) two shall be appointed by the Speaker
                        of the House of Representatives; and
                            (iv) two shall be appointed by the minority
                        leader of the House of Representatives.
                    (B) Qualifications.--Individuals appointed to the
                Commission shall have significant experience in the
                national security or foreign policy of the United
                States.
                    (C) Deadline for appointment.--Appointments of the
                members of the Commission shall be made not later than
                45 days after the date of the enactment of this Act.
                    (D) Chairman and vice chairman.--The Commission
                shall select a Chairman and Vice Chairman from among it
                members.
            (3) Tenure; vacancies.--Members shall be appointed for the
        life of the Commission. Any vacancy in the Commission shall not
        affect its powers, but shall be filled in the same manner as
        the original appointment.
            (4) Meetings.--
                    (A) Initial meeting.--Not later than 30 days after
                the date on which all members of the Commission have
                been appointed, the Commission shall hold its first
                meeting.
                    (B) Calling of the chairman.--The Commission shall
                meet at the call of the Chairman.
                    (C) Quorum.--A majority of the members of the
                Commission shall constitute a quorum, but a lesser
                number of members may hold hearings.
    (b) Duties.--
            (1) Study of overseas military facility structure.--
                    (A) In general.--The Commission shall conduct a
                thorough study of matters relating to the military
                facility structure of the United States overseas.
                    (B) Scope.--In conducting the study, the Commission
                shall--
                            (i) assess the number of forces required to
                        be forward based outside the United States;
                            (ii) examine the current state of the
                        military facilities and training ranges of the
                        United States overseas for all permanent
                        stations and deployed locations, including the
                        condition of land and improvements at such
                        facilities and ranges and the availability of
                        additional land, if required, for such
                        facilities and ranges;
                            (iii) identify the amounts received by the
                        United States, whether in direct payments, in-
                        kind contributions, or otherwise, from foreign
                        countries by reason of military facilities of
                        the United States overseas;
                            (iv) assess the feasibility and
                        advisability of the closure or realignment of
                        military facilities of the United States
                        overseas, or of the establishment of new
                        military facilities of the United States
                        overseas;
                            (v) consider the findings of the February
                        2011 Government Accountability Office report,
                        ``Additional Cost Information and Stakeholder
                        Input Necessary to Assess Military Posture in
                        Europe'', GAO-11-131; and
                            (vi) consider or assess any other issue
                        relating to military facilities of the United
                        States overseas that the Commission considers
                        appropriate.
            (2) Report.--
                    (A) In general.--Not later than 60 days after
                holding its final public hearing, the Commission shall
                submit to the President and Congress a report which
                shall contain a detailed statement of the findings and
                conclusions of the Commission, together with its
                recommendations for such legislation and administrative
                actions as it considers appropriate.
                    (B) Proposed overseas basing strategy.--In addition
                to the matters specified in subparagraph (A), the
                report shall also include a proposal by the Commission
                for an overseas basing strategy for the Department of
                Defense in order to meet the current and future mission
                of the Department, taking into account heightened
                fiscal constraints.
                    (C) Focus on particular issues.--The report shall
                focus on current and future geopolitical posturing,
                operational requirements, mobility, quality of life,
                cost, and synchronization with the combatant commands.
    (c) Powers.--
            (1) Hearings.--The Commission may hold such hearings, sit
        and act at such times and places, take such testimony, and
        receive such evidence as the Commission considers advisable to
        carry out this section.
            (2) Information sharing.--The Commission may secure
        directly from any Federal department or agency such information
        as the Commission considers necessary to carry out this
        section. Upon request of the Chairman of the Commission, the
        head of such department or agency shall furnish such
        information to the Commission.
            (3) Administrative support.--Upon request of the
        Commission, the Administrator of General Services shall provide
        to the Commission, on a reimbursable basis, the administrative
        support necessary for the Commission to carry out its duties
        under this section.
            (4) Mails.--The Commission may use the United States mails
        in the same manner and under the same conditions as other
        departments and agencies of the Federal Government.
            (5) Gifts.--The Commission may accept, use, and dispose of
        gifts or donations of services or property.
    (d) Personnel Matters.--
            (1) Compensation of members.--Each member of the Commission
        who is not an officer or employee of the Federal Government
        shall be compensated at a rate equal to the daily equivalent of
        the annual rate of basic pay prescribed for level IV of the
        Executive Schedule under section 5315 of title 5, United States
        Code, for each day (including travel time) during which such
        member is engaged in the performance of the duties of the
        Commission under this section. All members of the Commission
        who are officers or employees of the United States shall serve
        without compensation in addition to that received for their
        services as officers or employees of the United States.
            (2) Travel.--
                    (A) Expenses.--Members of the Commission shall be
                allowed travel expenses, including per diem in lieu of
                subsistence, at rates authorized for employees of
                agencies under subchapter I of chapter 57 of title 5,
                United States Code, while away from their homes or
                regular places of business in the performance of
                services for the Commission under this section.
                    (B) Military aircraft.--Members and staff of the
                Commission may receive transportation on military
                aircraft to and from the United States, and overseas,
                for purposes of the performance of the duties of the
                Commission to the extent that such transportation will
                not interfere with the requirements of military
                operations.
            (3) Staffing.--
                    (A) Executive director.--The Chairman of the
                Commission may, without regard to the civil service
                laws and regulations, appoint and terminate an
                executive director and such other additional personnel
                as may be necessary to enable the Commission to perform
                its duties under this section. The employment of an
                executive director shall be subject to confirmation by
                the Commission.
                    (B) Staff.--The Commission may employ a staff to
                assist the Commission in carrying out its duties. The
                total number of the staff of the Commission, including
                an executive director under subparagraph (A), may not
                exceed 12.
                    (C) Compensation.--The Chairman of the Commission
                may fix the compensation of the executive director and
                other personnel without regard to chapter 51 and
                subchapter III of chapter 53 of title 5, United States
                Code, relating to classification of positions and
                General Schedule pay rates, except that the rate of pay
                for the executive director and other personnel may not
                exceed the rate payable for level V of the Executive
                Schedule under section 5316 of such title.
            (4) Details.--Any employee of the Department of Defense,
        the Department of State, or the Government Accountability
        Office may be detailed to the Commission without reimbursement,
        and such detail shall be without interruption or loss of civil
        service status or privilege.
            (5) Temporary and intermittent services.--The Chairman of
        the Commission may procure temporary and intermittent services
        under section 3109(b) of title 5, United States Code, at rates
        for individuals which do not exceed the daily equivalent of the
        annual rate of basic pay prescribed for level V of the
        Executive Schedule under section 5316 of such title.
    (e) Security.--
            (1) Security clearances.--Members and staff of the
        Commission, and any experts and consultants to the Commission,
        shall possess security clearances appropriate for their duties
        with the Commission under this section.
            (2) Information security.--The Secretary of Defense shall
        assume responsibility for the handling and disposition of any
        information relating to the national security of the United
        States that is received, considered, or used by the Commission
        under this section.
    (f) Termination.--The Commission shall terminate 45 days after the
date on which the Commission submits its report under subsection (b).

Summary: Commission on the Review of the Overseas Military Facility Structure of the United States Act of 2011 - Establishes the Commission on the Review of the Overseas Military Facility Structure of the United States to: (1) conduct a thorough study of matters relating to the US overseas military facility structure, and (2) report study findings and conclusions to the President and Congress. Requires the report to include a proposal for an overseas basing strategy for the Department of Defense (DOD) to meet current and future DOD missions during periods of heightened fiscal constraints.

A bill to establish the Commission on the Review of the Overseas Military Facility Structure of the United States.


SECTION 1. FINDINGS; PURPOSE.

    (a) Findings.--Congress makes the following findings:
            (1) Billing practices by telecommunications carriers may
        not reflect accurately the cost or basis of the additional
        telecommunications services and benefits that consumers receive
        as a result of the enactment of the Telecommunications Act of
        1996 (Public Law 104-104) and other Federal regulatory actions
        taken since the enactment of that Act.
            (2) Congress has never enacted a law with the intent of
        permitting providers of telecommunications services to
        misrepresent to customers the costs of providing services or
        the services provided.
            (3) Certain providers of telecommunications services have
        established new, specific charges on customer bills commonly
        known as ``line-item charges''.
            (4) Certain providers of telecommunications services have
        described such charges as ``Federal Universal Service Fees'' or
        similar fees.
            (5) Such charges have generated significant confusion among
        customers regarding the nature of and scope of universal
        service and of the fees associated with universal service.
            (6) The State of New York is considering action to protect
        consumers by requiring telecommunications carriers to disclose
        fully in the bills of all classes of customers the fee
        increases and fee reductions resulting from the enactment of
        the Telecommunications Act of 1996 and other regulatory actions
        taken since the enactment of that Act.
            (7) The National Association of Regulatory Utility
        Commissioners adopted a resolution in February 1998 supporting
        action by the Federal Communications Commission to require
        interstate carriers to provide accurate customer notice
        regarding the implementation and purpose of end user charges.
    (b) Purpose.--It is the purpose of this Act to require the Federal
Communications Commission and the Federal Trade Commission to protect
consumers of telecommunications services by assuring accurate cost
reporting and billing practices by telecommunications carriers
nationwide.

SEC. 2. INVESTIGATION OF TELECOMMUNICATIONS CARRIERS BILLING PRACTICES.

    (a) Investigation.--
            (1) Requirement.--The Federal Communications Commission and
        the Federal Trade Commission shall jointly conduct an
        investigation of the billing practices of telecommunications
        carriers.
            (2) Purpose.--The purpose of the investigation is to
        determine whether the bills sent by carriers to their customers
        accurately assess and correctly characterize any additional
        fees paid by such customers for telecommunications services as
        a result of the enactment of the Telecommunications Act of 1996
        (Public Law 104-104) and other Federal regulatory actions taken
        since the enactment of that Act.
    (b) Determinations.--In carrying out the investigation under
subsection (a), the Federal Communications Commission and the Federal
Trade Commission shall determine the following:
            (1) The amount, if any, of additional fees imposed by
        telecommunications carriers on their customers as a result of
        the requirements of the Telecommunications Act of 1996
        (including the amendments made by that Act) and other Federal
        regulatory actions taken since the enactment of that Act during
        the period beginning on June 30, 1997, and ending on the date
        of enactment of that Act.
            (2) In the event that additional fees described in
        paragraph (1) are being imposed, the following:
                    (A) Whether the amount of such fees accurately
                reflect--
                            (i) the additional costs to carriers as a
                        result of the enactment of that Act (including
                        the amendments made by that Act) and other
                        Federal regulatory actions taken since the
                        enactment of that Act; and
                            (ii) any reductions in costs, or other
                        financial benefits, to carriers as a result of
                        the enactment of that Act (including such
                        amendments) and other Federal regulatory
                        actions taken since the enactment of that Act.
                    (B) Whether the bills that impose such fees
                characterize correctly the nature and basis of such
                fees.
    (c) Review of Records.--
            (1) Authority.--For purposes of the investigation under
        subsection (a), the Federal Communications Commission and the
        Federal Trade Commission may obtain from any telecommunications
        carrier any record of the carrier that is relevant to the
        investigation.
            (2) Use.--The Federal Communications Commission and the
        Federal Trade Commission may use records obtained under this
        subsection only for purposes of the investigation.
    (d) Disciplinary Actions.--
            (1) In general.--In the event that the Federal
        Communications Commission or the Federal Trade Commission
        determine as a result of the investigation under subsection (a)
        that the bills sent by a telecommunications carrier to its
        customers does not accurately assess or correctly characterize
        any fee addressed in the investigation, the Federal
        Communications Commission or the Federal Trade Commission, as
        the case may be, shall take such actions against the carrier as
        such Commission is authorized to take under law.
            (2) Additional actions.--If the Federal Communications
        Commission or the Federal Trade Commission determines that such
        Commission does not have adequate authority under law to take
        appropriate actions under paragraph (1), the Federal
        Communications Commission and the Federal Trade Commission
        shall notify Congress of that determination in the report under
        subsection (e).
    (e) Report.--Not later than 45 days after the date of enactment of
this Act, the Federal Communications Commission and the Federal Trade
Commission shall jointly submit to Congress a report on the results of
the investigation under subsection (a). The report shall include the
determination, if any, of either Commission under subsection (d)(2) and
any recommendations for further legislative action that the Commissions
consider appropriate.

SEC. 3. REQUIREMENTS FOR TELECOMMUNICATIONS CARRIERS IMPOSING CERTAIN
              FEES FOR SERVICES.

    (a) Requirements.--Any telecommunications carrier that includes on
any of the bills sent to its customers a charge described in subsection
(b) shall--
            (1) specify in the bill imposing such charge any reduction
        in charges or fees allocable to all classes of customers
        (including customers of residential basic service, customers of
        other residential services, small business customers, and other
        business customers) by reason of any regulatory action of the
        Federal Government; and
            (2) submit to the Federal Communications Commission the
        reports required to be submitted by the carrier to the
        Securities and Exchange Commission under sections 13(a) and
        15(d) of the Securities and Exchange Act of 1934 (15 U.S.C.
        78m(a), 78o(d)).
    (b) Covered Charges.--Subsection (a) applies in the case of the
following charges:
            (1) Any specific charge included after June 30, 1997, if
        the imposition of the charge is attributed to a regulatory
        action of the Federal Government.
            (2) Any specific charge included before that date if the
        description of the charge is changed after that date to
        attribute the imposition of the charge to a regulatory action
        of the Federal Government.

Summary: Directs the Federal Communications Commission (FCC) and the Federal Trade Commission (FTC) to jointly conduct an investigation of the billing practices of telecommunications carriers (carriers) to determine whether bills sent to customers accurately assess and characterize any additional fees paid by customers for telecommunications services as a result of the enactment of the Telecommunications Act of 1996. Requires access to carrier records relevant to such investigation. Directs either the FCC or FTC to take appropriate disciplinary actions against carriers whose customer bills inaccurately assess and characterize such fees. Requires a joint report to the Congress on investigation results. Requires carriers that include on customer bills a charge or charges attributed to Federal regulatory actions to: (1) specify in such bill any reduction in charges or fees allocable to all classes of customers by reason of such regulatory actions. And (2) submit to the FCC certain disclosure reports required to be submitted by such carriers to the Securities and Exchange Commission under the Securities Exchange Act of 1934.

A bill to require accurate billing by telecommunications carriers with respect to the costs and fees resulting from the enactment of the Telecommunications Act of 1996, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Welfare Integrity and Data
Improvement Act''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents of this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Extension of program.
Sec. 4. Data standardization.
Sec. 5. Spending policies for assistance under State TANF programs.
Sec. 6. Technical corrections.

SEC. 3. EXTENSION OF PROGRAM.

    (a) Family Assistance Grants.--Section 403(a)(1) of the Social
Security Act (42 U.S.C. 603(a)(1) is amended--
            (1) in subparagraph (A), by striking `` each of fiscal
        years 1996'' and all that follows through ``2003'' and
        inserting ``fiscal year 2012'';
            (2) in subparagraph (B)--
                    (A) by inserting ``(as in effect just before the
                enactment of the Welfare Integrity and Data Improvement
                Act)'' after ``this paragraph'' the 1st place it
                appears; and
                    (B) by inserting ``(as so in effect)'' after ``this
                paragraph'' the 2nd place it appears; and
            (3) in subparagraph (C), by striking ``2003'' and inserting
        ``2012''.
    (b) Healthy Marriage Promotion and Responsible Fatherhood Grants.--
Section 403(a)(2)(D) of such Act (42 U.S.C. 603(a)(2)(D)) is amended by
striking ``2011'' and inserting ``2012''.
    (c) Maintenance of Effort Requirement.--Section 409(a)(7) of such
Act (42 U.S.C. 609(a)(7)) is amended--
            (1) in subparagraph (A), by striking ``fiscal year'' and
        all that follows through ``2013'' and inserting ``a fiscal
        year''; and
            (2) in subparagraph (B)(ii)--
                    (A) by striking ``for fiscal years 1997 through
                2012,''; and
                    (B) by striking ``407(a) for the fiscal year,'' and
                inserting ``407(a),''.
    (d) Tribal Grants.--Section 412(a) of such Act (42 U.S.C. 612(a))
is amended in each of paragraphs (1)(A) and (2)(A) by striking ``each
of fiscal years 1997'' and all that follows through ``2003'' and
inserting ``fiscal year 2012''.
    (e) Studies and Demonstrations.--Section 413(h)(1) of such Act (42
U.S.C. 613(h)(1)) is amended by striking ``each of fiscal years 1997
through 2002'' and inserting ``fiscal year 2012''.
    (f) Census Bureau Study.--Section 414(b) of such Act (42 U.S.C.
614(b)) is amended by striking ``each of fiscal years 1996'' and all
that follows through ``2003'' and inserting ``fiscal year 2012''.
    (g) Child Care Entitlement.--Section 418(a)(3) of such Act (42
U.S.C. 618(a)(3)) is amended by striking ``appropriated'' and all that
follows and inserting ``appropriated $2,917,000,000 for fiscal year
2012.''.
    (h) Grants to Territories.--Section 1108(b)(2) of such Act (42
U.S.C. 1308(b)(2)) is amended by striking ``for fiscal years 1997
through 2003'' and inserting ``fiscal year 2012''.
    (i) Prevention of Duplicate Appropriations for Fiscal Year 2012.--
Expenditures made pursuant to the Short-Term TANF Extension Act (Public
Law 112-35) for fiscal year 2012 shall be charged to the applicable
appropriation or authorization provided by the amendments made by this
section for such fiscal year.
    (j) Effective Date.--This section and the amendments made by this
section shall take effect on the date of the enactment of this Act.

SEC. 4. DATA STANDARDIZATION.

    (a) In General.--Section 411 of the Social Security Act (42 U.S.C.
611) is amended by adding at the end the following:
    ``(d) Data Standardization.--
            ``(1) Standard data elements.--
                    ``(A) Designation.--The Secretary, in consultation
                with an interagency work group which shall be
                established by the Office of Management and Budget, and
                considering State and tribal perspectives, shall, by
                rule, designate standard data elements for any category
                of information required to be reported under this part.
                    ``(B) Requirements.--In designating the standard
                data elements, the Secretary shall, to the extent
                practicable--
                            ``(i) ensure that the data elements are
                        nonproprietary and interoperable;
                            ``(ii) incorporate interoperable standards
                        developed and maintained by an international
                        voluntary consensus standards body, as defined
                        by the Office of Management and Budget, such as
                        the International Organization for
                        Standardization;
                            ``(iii) incorporate interoperable standards
                        developed and maintained by intergovernmental
                        partnerships, such as the National Information
                        Exchange Model; and
                            ``(iv) incorporate interoperable standards
                        developed and maintained by Federal entities
                        with authority over contracting and financial
                        assistance, such as the Federal Acquisition
                        Regulatory Council.
            ``(2) Data reporting standards.--
                    ``(A) Designation.--The Secretary, in consultation
                with an interagency work group established by the
                Office of Management and Budget, and considering State
                and tribal perspectives, shall, by rule, designate
                standards to govern the data reporting required under
                this part.
                    ``(B) Requirements.--In designating the data
                reporting standards, the Secretary shall, to the extent
                practicable, incorporate existing nonproprietary
                standards, such as the eXtensible Business Reporting
                Language. Such standards shall, to the extent
                practicable--
                            ``(i) incorporate a widely-accepted,
                        nonproprietary, searchable, computer-readable
                        format;
                            ``(ii) be consistent with and implement
                        applicable accounting principles; and
                            ``(iii) be capable of being continually
                        upgraded as necessary.''.
    (b) Applicability.--The amendments made by this subsection shall
apply with respect to information required to be reported on or after
October 1, 2012.

SEC. 5. SPENDING POLICIES FOR ASSISTANCE UNDER STATE TANF PROGRAMS.

    (a) State Requirement.--Section 408(a) of the Social Security Act
(42 U.S.C. 608(a)) is amended by adding at the end the following:
            ``(12) State requirement to prevent unauthorized spending
        of benefits.--
                    ``(A) In general.--A State to which a grant is made
                under section 403 shall maintain policies and practices
                as necessary to prevent assistance provided under the
                State program funded under this part from being used in
                any electronic benefit transfer transaction in--
                            ``(i) any liquor store;
                            ``(ii) any casino, gambling casino, or
                        gaming establishment; or
                            ``(iii) any retail establishment which
                        provides adult-oriented entertainment in which
                        performers disrobe or perform in an unclothed
                        state for entertainment.
                    ``(B) Definitions.--For purposes of subparagraph
                (A)--
                            ``(i) Liquor store.--The term `liquor
                        store' means any retail establishment which
                        sells exclusively or primarily intoxicating
                        liquor. Such term does not include a grocery
                        store which sells both intoxicating liquor and
                        groceries including staple foods (within the
                        meaning of section 3(r) of the Food and
                        Nutrition Act of 2008 (7 U.S.C. 2012(r))).
                            ``(ii) Casino, gambling casino, or gaming
                        establishment.--The terms `casino', `gambling
                        casino', and `gaming establishment' do not
                        include a grocery store which sells groceries
                        including such staple foods and which also
                        offers, or is located within the same building
                        or complex as, casino, gambling, or gaming
                        activities.
                            ``(iii) Electronic benefit transfer
                        transaction.--The term `electronic benefit
                        transfer transaction' means the use of a credit
                        or debit card service, automated teller
                        machine, point-of-sale terminal, or access to
                        an online system for the withdrawal of funds or
                        the processing of a payment for merchandise or
                        a service.''.
    (b) Penalty.--Section 409(a) of such Act (42 U.S.C. 609(a)) is
amended by adding at the end the following:
            ``(16) Penalty for failure to enforce spending policies.--
                    ``(A) In general.--If, within 2 years after the
                date of the enactment of this paragraph, any State has
                not reported to the Secretary on such State's
                implementation of the policies and practices required
                by section 408(a)(12), or the Secretary determines,
                based on the information provided in State reports,
                that any State has not implemented and maintained such
                policies and practices, the Secretary shall reduce, by
                an amount equal to 5 percent of the State family
                assistance grant, the grant payable to such State under
                section 403(a)(1) for--
                            ``(i) the fiscal year immediately
                        succeeding the year in which such 2-year period
                        ends; and
                            ``(ii) each succeeding fiscal year in which
                        the State does not demonstrate that such State
                        has implemented and maintained such policies
                        and practices.
                    ``(B) Reduction of applicable penalty.--The
                Secretary may reduce the amount of the reduction
                required under subparagraph (A) based on the degree of
                noncompliance of the State.
                    ``(C) State not responsible for individual
                violations.--Fraudulent activity by any individual in
                an attempt to circumvent the policies and practices
                required by section 408(a)(12) shall not trigger a
                State penalty under subparagraph (A).''.
    (c) Conforming Amendment.--Section 409(c)(4) of such Act (42 U.S.C.
609(c)(4)) is amended by striking ``or (13)'' and inserting ``(13), or
(16)''.

SEC. 6. TECHNICAL CORRECTIONS.

    (a) Section 404(d)(1)(A) of the Social Security Act (42 U.S.C.
604(d)(1)(A)) is amended by striking ``subtitle 1 of Title'' and
inserting ``Subtitle 1 of title''.
    (b) Sections 407(c)(2)(A)(i) and 409(a)(3)(C) of such Act (42
U.S.C. 607(c)(2)(A)(i) and 609(a)(3)(C)) are each amended by striking
``403(b)(6)'' and inserting ``403(b)(5)''.
    (c) Section 409(a)(2)(A) of such Act (42 U.S.C. 609(a)(2)(A)) is
amended by moving clauses (i) and (ii) 2 ems to the right.
    (d) Section 409(c)(2) of such Act (42 U.S.C. 609(c)(2)) is amended
by inserting a comma after ``appropriate''.
    (e) Section 411(a)(1)(A)(ii)(III) of such Act (42 U.S.C.
611(a)(1)(A)(ii)(III)) is amended by striking the last close
parenthesis.

            Passed the House of Representatives December 15, 2011.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.

Summary: Welfare Integrity and Data Improvement Act - Amends part A (TANF) of SSA title IV to extend the TANF program through FY2012. Directs the Secretary of HHS to designate standard data elements for any category of information required to be reported under TANF. Requires states to maintain policies and practices necessary to prevent the use of state TANF assistance in any transaction in any: (1) liquor store, (2) casino, gambling casino, or gaming establishment. Or (3) retail establishment which provides adult-oriented entertainment in which performers disrobe or perform in an unclothed state for entertainment. Prescribes an administrative penalty for states which failure to enforce such requirement.

To reauthorize the program of block grants to States for temporary assistance for needy families through fiscal year 2012, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Trade Dress Protection Act''.

SEC. 2. PROTECTION FOR TRADE DRESS.

    (a) Principal Register.--The Act entitled ``An Act to provide for
the registration and protection of trade-marks used in commerce, to
carry out the provisions of certain international conventions, and for
other purposes.'' (hereinafter referred to in this Act as the
``Trademark Act of 1946'') is amended in section 2 thereof (15 U.S.C.
1052)--
            (1) in subsection (e)--
                    (A) in clause (3) by striking ``or'' after
                ``them,''; and
                    (B) by inserting before the period at the end the
                following: ``, or (5) comprises any matter that, as a
                whole, is functional'';
            (2) in subsection (f), by striking ``paragraphs (a), (b),
        (c), (d), and (e)(3)'' and inserting ``subsections (a), (b),
        (c), (d), (e)(3), and (e)(5)''; and
            (3) by adding at the end the following:
    ``(g) Except as expressly excluded in subsections (a), (b), (c),
(d), and (e) of this section, trade dress which functions as a mark may
be registered and protected without the need to show that it has become
distinctive under subsection (f) of this section if the relevant public
is likely to identify the source of the product or service by reference
to the subject matter claimed as trade dress. In determining whether
the relevant public is likely to identify the source of the product or
service by reference to the subject matter claimed as trade dress, the
factors to be considered shall include, but not be limited to--
            ``(1) whether the trade dress is unique or unusual in the
        particular field to which the subject matter pertains;
            ``(2) whether the trade dress comprises a common basic
        shape or design;
            ``(3) whether the trade dress is a mere refinement of
        commonly adopted and well known forms of ornamentation for that
        particular class of goods or services viewed by the public as a
        dress or ornamentation for the goods or services; and
            ``(4) whether the trade dress is capable of creating a
        commercial impression distinct from any accompanying words.''.
    (b) Supplemental Register.--Section 23(c) of the Trademark Act of
1946 (15 U.S.C. 1091(c)) is amended to read as follows:
    ``(c) For the purposes of registration on the supplemental
register, a mark may consist of any symbol, name, word, slogan, phrase,
surname, geographical name, numeral, device, color, label, any matter
that is not functional, or any combination of any of the foregoing, but
such mark must be capable of distinguishing the applicant's goods or
services.''.
    (c) Construction and Definitions.--Section 45 of the Trademark Act
of 1946 (15 U.S.C. 1127) is amended by striking the definition of
``mark'' and inserting the following:
    ``The term `trade dress' means the total image or overall
appearance of a product or service, including, but not limited to, the
design of packaging, labels, containers, displays, decor, color, the
design of a product, a product feature, or a combination of product
features, except that trade dress shall not be registered or protected
under this Act if it is functional.
    ``The term `functional' means, with respect to matter sought to be
protected under this Act, that the matter is of such superior design
for its purpose that to afford it protection under this Act would
significantly hinder effective competition. In determining whether
matter sought to be protected under this Act is functional, the factors
to be considered shall include, but not be limited to--
            ``(1) whether the matter yields a competitive advantage;
            ``(2) whether alternative designs are available; and
            ``(3) whether the matter achieves economies in the
        manufacture or use of the goods or services, or affects their
        cost or quality.
    ``The term `mark' includes any trademark, service mark, collective
mark, or certification mark.''.
    (d) Civil Actions for Trade Dress Infringement.--Section 43(a) of
the Trademark Act of 1946 (15 U.S.C. 1125(a)) is amended by adding at
the end the following:
    ``(3) In a civil action for trade dress infringement under this Act
for trade dress not registered on the principal register, the person
who asserts trade dress protection has the burden of proving that the
matter sought to be protected is not functional.''.

SEC. 3. EFFECTIVE DATE.

    This Act and the amendments made by this Act shall take effect on
the date of the enactment of this Act, but shall not apply to any
proceeding before the United States Patent and Trademark Office
relating to the registration of a mark, or to any civil action, that is
pending on that date.

SEC. 4. TECHNICAL AMENDMENTS.

    The Trademark Act of 1946 is amended as follows:
            (1) Section 1(a)(1)(A) (15 U.S.C. 1051(a)(1)(A)) is amended
        by striking ``goods in connection'' each place it appears and
        inserting ``goods on or in connection''.
            (2) Section 7(a) (15 U.S.C. 1057(a)) is amended in the
        first sentence by striking the second period at the end.
            (3) Section 10 (15 U.S.C. 1060) is amended--
                    (A) at the end of the first sentence, by striking
                the comma before the period; and
                    (B) in the third sentence, by striking the second
                period at the end.
            (4) Section 26 (15 U.S.C. 1094) is amended by striking
        ``7(c),,'' and inserting ``, 7(c),''.
            (5) Section 31 (15 U.S.C. 1113) is amended--
                    (A) by striking
``Sec. 31. Fees'';
                and
                    (B) by striking ``(a)'' and inserting ``Sec. 31.
                (a)''.
            (6) Section 32(1) (15 U.S.C. 1114(1)) is amended by
        striking ``As used in this subsection'' and inserting ``As used
        in this paragraph''.
            (7) Section 39(a) (15 U.S.C. 1121(a)) is amended by
        striking ``circuit courts'' and inserting ``courts''.
            (8) Section 42 (15 U.S.C. 1124) is amended by striking
        ``the any domestic'' and inserting ``any domestic''.
            (9) Section 44(d) (15 U.S.C. 1126(d)) is amended--
                    (A) by striking ``23, or 44(e) of this Act'' and
                inserting ``23, or subsection (e) of this section that
                is''; and
                    (B) in paragraphs (3) and (4) by striking ``this
                subsection (d)'' and inserting ``this subsection''.
            (10) The Act is amended by striking ``trade-mark'' each
        place it appears in the text and the title and inserting
        ``trademark''.

Summary: Trade Dress Protection Act - Amends the Trademark Act of 1946 to add to the list of trademarks that may be refused registration on the principal register on account of their nature those marks that comprise any matter that, as a whole, is functional. Authorizes trade dress which functions as a mark to be registered and protected without the need to show that it has become distinctive if the relevant public is likely to identify the source of the product or service by reference to the subject matter claimed as trade dress. Revises a provision regarding registration on the supplemental register to authorize registration of a mark that: (1) consists of any symbol, name, word, slogan, phrase, surname, geographical name, numeral, device, color, label, any matter that is not functional, or any combination of the foregoing. And (2) is capable of distinguishing the applicant's goods or services. Defines trade dress as the total image or overall appearance of a product or service. Prohibits registration or protection of trade dress that is functional. Defines functional, with respect to matter seeking protection under the Act, to mean that the matter is of such superior design that to afford it protection would significantly hinder effective competition. Places the burden of proving that matter is not functional in a civil action for trade dress infringement for unregistered trade dress on the person asserting trade dress protection.

Trade Dress Protection Act


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Census Improvement Act''.

SEC. 2. LIMITATION ON ELIGIBILITY TO PARTICIPATE IN PLANNING
              PARTNERSHIP PROGRAM FOR THE 2010 CENSUS.

    (a) In General.--Participation in the Planning Partnership Program
for the 2010 census of population shall not be allowed in the case of--
            (1) an organization which has been indicted for a violation
        under Federal or State law relating to an election for Federal
        or State office; or
            (2) an organization which employs applicable individuals.
    (b) Applicable Individual Defined.--For purposes of this section,
the term ``applicable individual'' means an individual who--
            (1) is--
                    (A) employed by the organization in a permanent or
                temporary capacity;
                    (B) contracted or retained by the organization; or
                    (C) acting on behalf of, or with the express or
                apparent authority of, the organization; and
            (2) has been indicted for a violation under Federal or
        State law relating to an election for Federal or State office.
    (c) State Defined.--For purposes of this section, the term
``State'' includes the District of Columbia.

SEC. 3. TWO-THIRDS VOTE REQUIRED TO REPEAL OR OTHERWISE LIMIT
              PROVISIONS RELATING TO CONFIDENTIALITY OF CERTAIN
              INFORMATION.

    (a) Rulemaking Power.--The succeeding provisions of this section
are enacted by Congress--
            (1) as an exercise of the rulemaking power of the Senate
        and the House of Representatives, respectively, and as such
        shall be deemed a part of the rules of each House,
        respectively, and shall supersede other rules only to the
        extent that they are inconsistent with such other rules; and
            (2) with the full recognition of the constitutional right
        of either House to change the rules (so far as relating to the
        procedures of that House) at any time, in the same manner, and
        to the same extent as any other rule of that House.
    (b) Voting Requirement.--No bill or joint resolution, amendment, or
conference report containing a provision which would have the effect of
repealing, suspending, or otherwise limiting the application of section
9 of title 13, United States Code (relating to information as
confidential; exception) shall be considered as passed or agreed to, by
either House of Congress, unless so passed or agreed to by a vote of
not less than two-thirds of the Members of such House voting.

SEC. 4. REVIEW AND REPORT TO CONGRESS.

    (a) In General.--Not later than 6 months after the deadline for the
submission described in subsection (c), the Government Accountability
Office shall review and report to Congress on the questions proposed to
be included in the 2010 census of population and the American Community
Survey (next scheduled to be carried out after the end of the 6-month
period beginning after the date of the enactment of this Act).
    (b) Requirements.--In carrying out this section, the Government
Accountability Office shall specifically address--
            (1) the reasons for each question proposed to be included
        in the survey or census and the purposes for which the
        information obtained from respondents is likely to be used;
            (2) alternative means by which the same information could
        be obtained other than by inclusion in such census or survey,
        as the case may be; and
            (3) the relative advantages and disadvantages of obtaining
        the information through a census or survey (as the case may be)
        as compared to the alternative means referred to in paragraph
        (2).
    (c) Submission of Questions.--Not later than 30 days after the date
of the enactment of this Act, the Secretary of Commerce shall submit to
the Government Accountability Office--
            (1) a copy of each question proposed to be included in the
        upcoming American Community Survey (as described in subsection
        (a)) and the 2010 census of population; and
            (2) with respect to each question under paragraph (1), the
        views of the Secretary of Commerce (or designee) with respect
        to paragraphs (1) through (3) of subsection (b).

SEC. 5. PRACTICE OF SEEKING ANSWERS TO SURVEY OR CENSUS QUESTIONS FROM
              NON-HOUSEHOLD MEMBERS NO LONGER ALLOWED.

    (a) In General.--Notwithstanding any other provision of law, no
officer, employee, or other person referred to in subchapter II of
chapter 1 of title 13, United States Code, may, in the conduct of the
American Community Survey or the 2010 census of population, seek
answers to any questions relating to any household or any member of
such household from any person who is not a member of such household.
    (b) Implementation.--The Secretary of Commerce shall take such
measures as may be necessary to provide for the implementation of
subsection (a).

SEC. 6. DEFINITIONS.

    For purposes of this Act--
            (1) the term ``census of population'' has the meaning given
        such term by section 141(g) of title 13, United States Code;
        and
            (2) the term ``Member'' means a Member of Congress, as
        defined by section 2106 of title 5, United States Code.

Summary: Census Improvement Act - Prohibits any organization that has been indicted for a violation of law relating to an election for federal or state office or that employs or otherwise uses the services of an individual who has been indicted for such a violation from participating in the Planning Partnership Program for the 2010 census of population. Provides that no bill, joint resolution, amendment, or conference report containing a provision which would have the effect of limiting the application of provisions regarding the confidentiality of census information shall be considered as passed or agreed to by either chamber of Congress except by a vote of at least two-thirds of the Members voting. Requires: (1) the Secretary of Commerce to submit to the Government Accountability Office (GAO) a copy of each question proposed to be included in the 2010 census and the American Community Survey. (2) GAO to review and report to Congress on such questions. And (3) the Secretary to include his or her views on, and GAO to specifically address, the reasons for each question, the purposes for which the information obtained is likely to be used, alternative means by which the same information could be obtained, and the relative advantages and disadvantages of obtaining the information through a census or survey. Prohibits any person conducting the Survey or 2010 census from seeking answers to any questions relating to a household or any member of such household from any person who is not a member of that household.

To make organizations which have been indicted for violations of Federal or State law relating to elections for public office ineligible to participate in the Planning Partnership Program for the 2010 census of population, and for other purposes.


SECTION 1. ENVIRONMENTAL INFRASTRUCTURE.

    (a) Jackson County, Mississippi.--Section 219 of the Water
Resources Development Act of 1992 (106 Stat. 4835; 110 Stat. 3757) is
amended--
        (1) in subsection (c), by striking paragraph (5) and inserting
    the following:
        ``(5) Jackson county, mississippi.--Provision of an alternative
    water supply and a project for the elimination or control of
    combined sewer overflows for Jackson County, Mississippi.''; and
        (2) in subsection (e)(1), by striking ``$10,000,000'' and
    inserting ``$20,000,000''.
    (b) Manchester, New Hampshire.--Section 219(e)(3) of the Water
Resources Development Act of 1992 (106 Stat. 4835; 110 Stat. 3757) is
amended by striking ``$10,000,000'' and inserting ``$20,000,000''.
    (c) Atlanta, Georgia.--Section 219(f)(1) of the Water Resources
Development Act of 1992 (106 Stat. 4835; 113 Stat. 335) is amended by
striking ``$25,000,000 for''.
    (d) Paterson, Passaic County, and Passaic Valley, New Jersey.--
Section 219(f)(2) of the Water Resources Development Act of 1992 (106
Stat. 4835; 113 Stat. 335) is amended by striking ``$20,000,000 for''.
    (e) Elizabeth and North Hudson, New Jersey.--Section 219(f) of the
Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 335)
is amended--
        (1) in paragraph (33), by striking ``$20,000,000'' and
    inserting ``$10,000,000''; and
        (2) in paragraph (34)--
            (A) by striking ``$10,000,000'' and inserting
        ``$20,000,000''; and
            (B) by striking ``in the city of North Hudson'' and
        inserting ``for the North Hudson Sewerage Authority''.

SEC. 2. UPPER MISSISSIPPI RIVER ENVIRONMENTAL MANAGEMENT PROGRAM.

    Section 1103(e)(5) of the Water Resources Development Act of 1986
(33 U.S.C. 652(e)(5)) (as amended by section 509(c)(3) of the Water
Resources Development Act of 1999 (113 Stat. 340)) is amended by
striking ``paragraph (1)(A)(i)'' and inserting ``paragraph (1)(B)''.

SEC. 3. DELAWARE RIVER, PENNSYLVANIA AND DELAWARE.

    Section 346 of the Water Resources Development Act of 1999 (113
Stat. 309) is amended by striking ``economically acceptable'' and
inserting ``environmentally acceptable''.

SEC. 4. PROJECT REAUTHORIZATIONS.

    Section 364 of the Water Resources Development Act of 1999 (113
Stat. 313) is amended--
        (1) by striking ``Each'' and all that follows through the colon
    and inserting the following: ``Each of the following projects is
    authorized to be carried out by the Secretary, and no construction
    on any such project may be initiated until the Secretary determines
    that the project is technically sound, environmentally acceptable,
    and economically justified:'';
        (2) by striking paragraph (1); and
        (3) by redesignating paragraphs (2) through (6) as paragraphs
    (1) through (5), respectively.

SEC. 5. SHORE PROTECTION.

    Section 103(d)(2)(A) of the Water Resources Development Act of 1986
(33 U.S.C. 2213(d)(2)(A)) (as amended by section 215(a)(2) of the Water
Resources Development Act of 1999 (113 Stat. 292)) is amended by
striking ``or for which a feasibility study is completed after that
date,'' and inserting ``except for a project for which a District
Engineer's Report is completed by that date,''.

SEC. 6. COMITE RIVER, LOUISIANA.

    Section 371 of the Water Resources Development Act of 1999 (113
Stat. 321) is amended--
        (1) by inserting ``(a) In General.--'' before ``The''; and
        (2) by adding at the end the following:
    ``(b) Crediting of Reduction in Non-Federal Share.--The project
cooperation agreement for the Comite River Diversion Project shall
include a provision that specifies that any reduction in the non-
Federal share that results from the modification under subsection (a)
shall be credited toward the share of project costs to be paid by the
Amite River Basin Drainage and Water Conservation District.''.

SEC. 7. CHESAPEAKE CITY, MARYLAND.

    Section 535(b) of the Water Resources Development Act of 1999 (113
Stat. 349) is amended by striking ``the city of Chesapeake'' each place
it appears and inserting ``Chesapeake City''.

SEC. 8. CONTINUATION OF SUBMISSION OF CERTAIN REPORTS BY THE SECRETARY
              OF THE ARMY.

    (a) Recommendations of Inland Waterways Users Board.--Section
302(b) of the Water Resources Development Act of 1986 (33 U.S.C.
2251(b)) is amended in the last sentence by striking ``The'' and
inserting ``Notwithstanding section 3003 of Public Law 104-66 (31
U.S.C. 1113 note; 109 Stat. 734), the''.
    (b) List of Authorized but Unfunded Studies.--Section 710(a) of the
Water Resources Development Act of 1986 (33 U.S.C. 2264(a)) is amended
in the first sentence by striking ``Not'' and inserting
``Notwithstanding section 3003 of Public Law 104-66 (31 U.S.C. 1113
note; 109 Stat. 734), not''.
    (c) Reports on Participation of Minority Groups and Minority-Owned
Firms in Mississippi River-Gulf Outlet Feature.--Section 844(b) of the
Water Resources Development Act of 1986 (100 Stat. 4177) is amended in
the second sentence by striking ``The'' and inserting ``Notwithstanding
section 3003 of Public Law 104-66 (31 U.S.C. 1113 note; 109 Stat. 734),
the''.
    (d) List of Authorized but Unfunded Projects.--Section 1001(b)(2)
of the Water Resources Development Act of 1986 (33 U.S.C. 579a(b)(2))
is amended in the first sentence by striking ``Every'' and inserting
``Notwithstanding section 3003 of Public Law 104-66 (31 U.S.C. 1113
note; 109 Stat. 734), every''.

SEC. 9. AUTHORIZATIONS FOR PROGRAM PREVIOUSLY AND CURRENTLY FUNDED.

    (a) Program Authorization.--The program described in subsection (c)
is hereby authorized.
    (b) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated for the Department of Transportation for the program
authorized in subsection (a) in amounts as follows:
        (1) Fiscal year 2000.--For fiscal year 2000, $10,000,000.
        (2) Fiscal year 2001.--For fiscal year 2001, $10,000,000.
        (3) Fiscal year 2002.--For fiscal year 2002, $7,000,000.
    (c) Applicability.--The program referred to in subsection (a) is
the program for which funds appropriated in title I of Public Law 106-
69 under the heading ``FEDERAL RAILROAD ADMINISTRATION'' are available
for obligation upon the enactment of legislation authorizing the
program.

                               Speaker of the House of Representatives.

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

Summary: Amends the Water Resources Development Act of 1999 to: (1) authorize appropriations for FY 1999 through 2009 for implementation of a long-term resource monitoring program with respect to the Upper Mississippi River Environmental Management Program. (2) authorize the Secretary of the Army to carry out modifications to the navigation project for the Delaware River, Pennsylvania and Delaware, if such project as modified is technically sound, environmentally acceptable, and economically justified. (3) subject certain previously deauthorized water resources development projects to the seven-year limitation governing project deauthorizations under the Act, with the exception of such a project for Indian River County, Florida. (4) except from a certain schedule of the non-Federal cost of the periodic nourishment of shore protection projects constructed after December 31, 1999, those projects for which a District Engineer's Report has been completed by such date. (5) require that the project cooperation agreement for the Comite River Diversion Project for flood control include a provision that specifies that any reduction in the non-Federal share that results from certain modifications be credited toward the share of project costs to be paid by the Amite River Basin Drainage and Water Conservation District. (6) allow the Secretary to provide additional compensation to Chesapeake City, Maryland for damage to its water supply resulting from the Chesapeake and Delaware Canal Project. (7) provide for the submission of certain reports on water resources development projects by the Secretary, notwithstanding Federal reporting termination provisions. And (8) authorize and provide for an authorization of appropriations for the existing program for the safety and operations expenses of the Federal Railroad Administration, and make available for obligation funds currently appropriated for such program.

To make technical corrections to the Water Resources Development Act of 1999.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Refinancing Education Funding to
Invest (REFI) for the Future Act of 2013''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds that--
            (1) there is approximately $1,100,000,000,000 of
        outstanding student loan debt in the United States, including
        more than $150,000,000,000 in private education loans;
            (2) as of 2008, 81 percent of individuals graduating with
        an undergraduate degree with more than $40,000 in student loans
        had a private education loan;
            (3) the limited number of lenders in the private education
        loan marketplace reduce the ability of borrowers with private
        education loans to restructure, refinance, or negotiate
        repayment terms for their current loans, leading to excessive
        debt burdens and potential default; and
            (4) excessive student indebtedness reduces economic
        activity, threatens homeownership, hurts small business growth,
        and limits opportunities for economic expansion in rural
        communities.
    (b) Purpose.--The purpose of this Act is to spur economic growth,
by establishing a mechanism to allow borrowers of private education
loans to refinance their loans in order--
            (1) to facilitate greater competition in the private
        education lending and refinancing markets;
            (2) to address inefficiencies in the private education
        lending and refinancing markets;
            (3) to encourage innovation in the private education
        refinancing markets; and
            (4) to promote the participation of private capital in the
        private education refinancing markets.

SEC. 3. DEFINITIONS.

    In this Act--
            (1) the term ``private education loan'' has the same
        meaning as in section 140(a) of the Truth in Lending Act (15
        U.S.C. 1650(a)); and
            (2) the term ``Secretary'' means the Secretary of the
        Treasury, other than in the context of the Secretary of
        Education.

SEC. 4. TEMPORARY AUTHORITY TO CREATE A CREDIT FACILITY TO INCREASE
              MARKET EFFICIENCY IN THE STUDENT LOAN MARKET.

    (a) Authority.--
            (1) In general.--
                    (A) Credit facilities authorization.--Upon a
                determination by the Secretary that borrowers are
                unable to secure adequate credit accommodations with
                existing private education loans, the Secretary,
                notwithstanding any provision of section 484 of the
                Higher Education Act of 1965 (20 U.S.C. 1091), is
                authorized to establish lending, purchase, and other
                credit facilities to--
                            (i) accommodate reasonable refinancing
                        opportunities or other loan adjustments that--
                                    (I) improve the sustainability of
                                payments for the borrower; and
                                    (II) reduce the likelihood of
                                delinquency and default on private
                                education loans;
                            (ii) benefit borrowers that are most likely
                        to have private student debt service
                        obligations that represent a disproportionate
                        share of their income; and
                            (iii) ensure that borrowers pay lower
                        interest rates that are commensurate with
                        credit risk, so that they may pursue more
                        economically productive activities, such as
                        home purchases and small business formation.
                    (B) Consultation.--
                            (i) In general.--Any determination under
                        subparagraph (A) shall be made jointly with the
                        Secretary of Education and the Director of the
                        Bureau of Consumer Financial Protection.
                            (ii) Compliance system.--Prior to
                        establishing a facility under this subsection,
                        the Secretary, or any administrator designated
                        by the Secretary to establish a program to
                        carry out the authority provided in this
                        subsection, shall establish a compliance system
                        in consultation with the Bureau of Consumer
                        Financial Protection.
            (2) No net cost to government.--Mechanisms established
        under this subsection shall not result in any net cost to the
        Federal Government, as determined jointly by the Secretary, the
        Secretary of Education, and the Director of the Office of
        Management and Budget.
    (b) Federal Register Notice.--Prior to exercising any authority
provided under subsection (a), the Secretary shall publish a notice in
the Federal Register to seek comment from interested parties on its
proposed exercise of such authority, including--
            (1) the terms and conditions governing the lending,
        purchases, or other credit facilities authorized by subsection
        (a);
            (2) an outline of methodology and factors considered in the
        purchase or restructuring of private education loans;
            (3) private education loan modification options that may be
        available for existing loans;
            (4) how they will ensure that borrowers whose education
        debt service obligations represent a disproportionate share of
        their income will be provided relief; and
            (5) how the use of the methodology and factors, as proposed
        in the notice, will be used to ensure that any exercise of
        authority by the Secretary will result in no net cost to the
        Federal Government.
    (c) Initial Report.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall submit to the appropriate
committees of Congress a report that includes--
            (1) a plan of the Secretary to implement credit mechanisms
        under the authority of this Act;
            (2) a description of macroeconomic benefits of increased
        efficiency and refinance activity in the student loan market;
        and
            (3) a description of the benefits through the use of such
        authority to private education loan borrowers, including how
        any incidental net gain from the credit mechanism would be used
        to benefit student borrowers.
    (d) Annual Reports.--Beginning 1 year after the date of the first
use of the authority provided under this section, the Secretary shall
provide an annual report to the Committee on Banking, Housing, and
Urban Affairs of the Senate and the Committee on Financial Services of
the House of Representatives describing the utilization, impact, and
financial performance of any program established under the authority of
this section.
    (e) Public Awareness.--Not later than 60 days after the date of
publication of a notice in the Federal Register pursuant to subsection
(b), the Secretary, in consultation with the Secretary of Education and
the Director of the Bureau of Consumer Financial Protection, shall
begin a national awareness campaign to alert all private education loan
borrowers who may benefit from any program or facilities established
under this section. Such campaign shall include outreach to targeted
populations of borrowers that are most likely to have private education
loan debt service obligations that represent a disproportionate share
of their income.
    (f) Expiration of Authority.--Three years after the date on which a
credit facility is established under this Act, and not later than 5
years after the date of enactment of this Act, any new lending,
purchase, or other activity initiated through the facilities
established by the Secretary under subsection (a) shall cease.

SEC. 5. SENSE OF CONGRESS.

    It is the sense of Congress that the Federal financial
institutions, such as the Federal Financing Bank and the Federal
Reserve banks, and federally chartered private entities, such as the
Federal home loan banks, should consider, in consultation with the
Secretary and the Secretary of Education, using available authorities
in a timely manner, if needed, to assist in ensuring that borrowers of
private education loans can secure credit accommodations to refinance
existing loans, in a manner that results in no increased costs to
taxpayers.

Summary: Refinancing Education Funding to Invest (REFI) for the Future Act of 2013 - Directs the Secretary of the Treasury, upon determining that borrowers are unable to secure adequate credit accommodations with existing private education loans, to establish credit facilities to: (1) accommodate reasonable loan adjustments that reduce the likelihood that borrowers become delinquent or default on their loans, (2) benefit borrowers that are most likely to have private student debt service obligations that represent a disproportionate share of their income, and (3) ensure that borrowers pay lower interest rates that are commensurate with credit risk so that they can pursue more economically productive activities. Requires the decision that borrowers are unable to secure adequate credit accommodations to be made by the Secretary jointly with the Secretary of Education and the Bureau of Consumer Financial Protection (CFPB). Prohibits the establishment of such credit mechanisms from resulting in any net cost to the federal government. Directs the Secretary of the Treasury to conduct a national awareness campaign to alert all private education loan borrowers who may benefit from those credit facilities or programs. Terminates any activities initiated through such a credit facility three years after such facility is established or not later than five years after this Act's enactment. Expresses the sense of the Congress that federal financial institutions and federally chartered private entities should consider the timely use of their available authorities to assist borrowers of private education loans in refinancing such loans in a manner that results in no increased costs to taxpayers.