SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Little Traverse Bay Bands of Odawa
Indians and the Little River Band of Ottawa Indians Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The Little Traverse Bay Bands of Odawa Indians and the
        Little River Band of Ottawa Indians are descendants of, and
        political successors to, signatories of the 1836 Treaty of
        Washington and the 1855 Treaty of Detroit.
            (2) The Grand Traverse Band of Ottawa and Chippewa Indians,
        the Sault Ste. Marie Tribe of Chippewa Indians, and the Bay
        Mills Band of Chippewa Indians, whose members are also
        descendants of the signatories to the 1836 Treaty of Washington
        and the 1855 Treaty of Detroit, have been recognized by the
        Federal Government as distinct Indian tribes.
            (3) The Little Traverse Bay Bands of Odawa Indians consists
        of at least 1,000 eligible members who continue to reside close
        to their ancestral homeland as recognized in the Little
        Traverse Reservation in the 1836 Treaty of Washington and 1855
        Treaty of Detroit, which area is now known as Emmet and
        Charlevoix Counties, Michigan.
            (4) The Little River Band of Ottawa Indians consists of at
        least 500 eligible members who continue to reside close to
        their ancestral homeland as recognized in the Manistee
        Reservation in the 1836 Treaty of Washington and reservation in
        the 1855 Treaty of Detroit, which area is now known as Manistee
        and Mason Counties, Michigan.
            (5) The Bands filed for reorganization of their existing
        tribal governments in 1935 under the Act of June 18, 1934 (25
        U.S.C. et seq.; commonly referred to as the ``Indian
        Reorganization Act''). Federal agents who visited the Bands,
        including Commissioner of Indian Affairs, John Collier,
        attested to the continued social and political existence of the
        Bands and concluded that the Bands were eligible for
        reorganization. Due to a lack of Federal appropriations to
        implement the provisions of such Act, the Bands were denied the
        opportunity to reorganize.
            (6) In spite of such denial, the Bands continued their
        political and social existence with viable tribal governments.
        The Bands, along with other Michigan Odawa/Ottawa groups,
        including the tribes described in paragraph (2), formed the
        Northern Michigan Ottawa Association in 1948. The Association
        subsequently pursued a successful land claim with the Indian
        Claims Commission.
            (7) Between 1948 and 1975, the Bands carried out many of
        their governmental functions through the Northern Michigan
        Ottawa Association, while retaining individual Band control
        over local decisions.
            (8) In 1975, the Northern Michigan Ottawa Association
        petitioned under the Act of June 18, 1934 (25 U.S.C. 461 et
        seq.; commonly referred to as the ``Indian Reorganization
        Act''), to form a government on behalf of the Bands. Again in
        spite of the Bands' eligibility, the Bureau of Indian Affairs
        failed to act on their request.
            (9) The United States Government, the government of the
        State of Michigan, and local governments have had continuous
        dealings with the recognized political leaders of the Bands
        from 1836 to the present.

SEC. 3. DEFINITIONS.

    For purposes of this Act--
            (1) the term ``Bands'' means the Little Traverse Bay Bands
        of Odawa Indians and the Little River Band of Ottawa Indians;
            (2) the term ``member'' means those individuals enrolled in
        the Bands pursuant to section 7; and
            (3) the term ``Secretary'' means the Secretary of the
        Interior.

SEC. 4. FEDERAL RECOGNITION.

    (a) Federal Recognition.--Federal recognition of the Little
Traverse Bay Bands of Odawa Indians and the Little River Band of Ottawa
Indians is hereby reaffirmed. All laws and regulations of the United
States of general application to Indians or nations, tribes, or bands
of Indians, including the Act of June 18, 1934 (25 U.S.C. 461 et seq.;
commonly referred to as the ``Indian Reorganization Act''), which are
not inconsistent with any specific provision of this Act shall be
applicable to the Bands and their members.
    (b) Federal Services and Benefits.--
            (1) In general.--The Bands and their members shall be
        eligible for all services and benefits provided by the Federal
        Government to Indians because of their status as federally
        recognized Indians, and notwithstanding any other provision of
        law, such services and benefits shall be provided after the
        date of the enactment of this Act to the Bands and their
        members without regard to the existence of a reservation or the
        location of the residence of any member on or near any Indian
        reservation.
            (2) Service areas.--
                    (A) Little traverse bay bands.--For purposes of the
                delivery of Federal services to the enrolled members of
                the Little Traverse Bay Bands of Odawa Indians, the
                area of the State of Michigan within 70 miles of the
                boundaries of the reservations for the Little Traverse
                Bay Bands as set out in Article I, paragraphs `third'
                and `fourth' of the Treaty of 1855, 11 Stat. 621, shall
                be deemed to be within or near a reservation,
                notwithstanding the establishment of a reservation for
                the tribe after the date of the enactment of this Act.
                Services may be provided to members outside the named
                service area unless prohibited by law or program
                regulations.
                    (B) Little river band.--For purposes of the
                delivery of Federal services to enrolled members of the
                Little River Band of Ottawa Indians, the Counties of
                Manistee, Mason, Wexford and Lake, in the State of
                Michigan, shall be deemed to be within or near a
                reservation, notwithstanding the establishment of a
                reservation for the tribe after the date of the
                enactment of this Act. Services may be provided to
                members outside the named Counties unless prohibited by
                law or program regulations.

SEC. 5. REAFFIRMATION OF RIGHTS.

    (a) In General.--All rights and privileges of the Bands, and their
members thereof, which may have been abrogated or diminished before the
date of the enactment of this Act are hereby reaffirmed.
    (b) Existing Rights of Tribe.--Nothing in this Act shall be
construed to diminish any right or privilege of the Bands, or of their
members, that existed prior to the date of enactment of this Act.
Except as otherwise specifically provided in any other provision of
this Act, nothing in this Act shall be construed as altering or
affecting any legal or equitable claim the Bands might have to enforce
any right or privilege reserved by or granted to the Bands which were
wrongfully denied to or taken from the Bands prior to the enactment of
this Act.

SEC. 6. TRANSFER OF LAND FOR THE BENEFIT OF THE BANDS.

    (a) Little Traverse Bay Bands.--The Secretary shall acquire real
property in Emmet and Charlevoix Counties for the benefit of the Little
Traversee Bay Bands. The Secretary shall also accept any real property
located in those Counties for the benefit of the Little Traverse Bay
Bands if conveyed or otherwise transferred to the Secretary, if at the
time of such acceptance, there are no adverse legal claims on such
property including outstanding liens, mortgages or taxes owed.
    (b) Little River Band.--The Secretary shall acquire real property
in Manistee and Mason Counties for the benefit of the Little River
Band. The Secretary shall also accept any real property located in
those Counties for the benefit of the Little River Band if conveyed or
otherwise transferred to the Secretary, if at the time of such
acceptance, there are no adverse legal claims on such property
including outstanding liens, mortgages or taxes owed.
    (c) Additional Lands.--The Secretary may accept any additional
acreage in each of the Bands' service area specified by section 4(b) of
this Act pursuant to his authority under the Act of June 18, 1934 (25
U.S.C. 461 et seq.; commonly referred to as the ``Indian Reorganization
Act'').
    (d) Reservation.--Subject to the conditions imposed by this
section, the land acquired by or transferred to the Secretary under or
pursuant to this section shall be taken in the name of the United
States in trust for the Bands and shall be a part of the respective
Bands' reservation.

SEC. 7. MEMBERSHIP.

    Not later than 18 months after the date of the enactment of this
Act, the Bands shall submit to the Secretary membership rolls
consisting of all individuals currently enrolled for membership in such
Bands. The qualifications for inclusion on the membership rolls of the
Bands shall be determined by the membership clauses in such Bands'
respective governing documents, in consultation with the Secretary.
Upon completion of the rolls, the Secretary shall immediately publish
notice of such in the Federal Register. The Bands shall ensure that
such rolls are maintained and kept current.

SEC. 8. CONSTITUTION AND GOVERNING BODY.

    (a) Constitution.--
            (1) Adoption.--Not later than 24 months after the date of
        the enactment of this Act, the Secretary shall conduct, by
        secret ballot, elections for the purposes of adopting new
        constitutions for the Bands. The elections shall be held
        according to the procedures applicable to elections under
        section 16 of the Act of June 18, 1934 (25 U.S.C. 476; commonly
        referred to as the ``Indian Reorganization Act'').
            (2) Interim governing documents.--Until such time as new
        constitutions are adopted under paragraph (1), the governing
        documents in effect on the date of the enactment of this Act
        shall be the interim governing documents for the Bands.
    (b) Officials.--
            (1) Election.--Not later than 6 months after the Bands
        adopt constitutions and bylaws pursuant to subsection (a), the
        Bands shall conduct elections by secret ballot for the purpose
        of electing officials for the Bands as provided in the Bands'
        respective governing constitutions. The elections shall be
        conducted according to the procedures described in the Bands'
        constitutions and bylaws.
            (2) Interim governments.--Until such time as the Bands
        elect new officials pursuant to paragraph (1), the Bands'
        governing bodies shall be those governing bodies in place on
        the date of the enactment of this Act, or any new governing
        bodies selected under the election procedures specified in the
        respective interim governing documents of the Bands.

Summary: Little Traverse Bay Bands of Odawa Indians and the Little River Band of Ottawa Indians Act - Reaffirms and extends Federal recognition and associated benefits to the Little Traverse Bay Bands of Odawa Indians and the Little River Band of Ottawa Indians (Tribes) of Michigan. Provides for the Tribes to be governed by current interim documents and officials until the Secretary of the Interior conducts elections to adopt a constitution and elect new tribal officials. Provides for the transfer of specified land for the benefit of the Bands.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Coastal and Estuarine Land
Protection Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Coastal and estuarine areas provide important nursery
        habitat for two-thirds of the United States commercial fish and
        shellfish, provide nesting and foraging habitat for coastal
        birds, harbor significant natural plant communities, and serve
        to facilitate coastal flood control and pollutant filtration.
            (2) The Coastal Zone Management Act of 1972 (16 U.S.C. 1451
        et seq.) recognizes the national importance of these areas and
        their ecological vulnerability to anthropogenic activities by
        establishing a comprehensive Federal and State partnership for
        protecting natural reserves and managing growth in these areas.
            (3) The National Estuarine Research Reserve system
        established under that Act relies on the protection of pristine
        designated areas for long-term protection and for the conduct
        of education and research critical to the protection and
        conservation of coastal and estuarine resources.
            (4) Intense development pressures within the coastal
        watershed are driving the need to provide coastal managers with
        a wider range of tools to protect and conserve important
        coastal and estuarine areas.
            (5) Protection of undeveloped coastal lands through the
        acquisition of interests in property from a willing seller are
        a cost-effective means of providing these areas with permanent
        protection from development.
            (6) Permanent protection of lands in the coastal zone is a
        necessary component of any program to maintain and enhance
        coastal and estuarine areas for the benefit of the United
        States, including protection of water quality, access to public
        beachfront, conserving wildlife habitat, and sustaining sport
        and commercial fisheries.
            (7) Federal, State, and nongovernmental organization pilot
        land acquisition projects have already substantially
        contributed to the long-term health and viability of coastal
        and estuarine systems.
            (8) Enhanced protection of estuarine and coastal areas can
        be attained through watershed-based acquisition strategies
        coordinated through Federal, State, regional, and local
        efforts.
            (9) Conserving coastal and estuarine lands can support the
        traditional economic and natural resource bases of communities
        in the coastal watershed, including well-managed forests that
        demonstrate outstanding ecological, recreational, historical,
        and aesthetic attributes.

SEC. 3. ESTABLISHMENT OF COASTAL AND ESTUARINE LAND PROTECTION PROGRAM.

    (a) In General.--
            (1) Establishment.--The Secretary of Commerce shall
        establish a Coastal and Estuarine Land Protection Program
        (hereinafter referred to as the ``program''), in cooperation
        with appropriate State, regional, and other units of Government
        for the purposes of protecting the environmental integrity of
        important coastal and estuarine areas, including wetlands and
        forests, that have significant conservation, recreation,
        ecological, historical, aesthetic, or watershed protection
        values, and that are threatened by conversion from their
        natural, undeveloped, or recreational state to other uses.
            (2) Administration.--The program shall be administered by
        the National Ocean Service of the National Oceanic and
        Atmospheric Administration through the head of the Office of
        Ocean and Coastal Resource Management.
    (b) Property Acquisition Grants.--The Secretary shall make grants
under the program to coastal States with approved coastal zone
management plans or National Estuarine Research Reserve units for the
purpose of acquiring property or interests in property described in
subsection (a) that will further the goals of--
            (1) a Coastal Zone Management Plan or Program approved
        under the Coastal Zone Management Act of 1972 (16 U.S.C. 1451
        et seq.);
            (2) a National Estuarine Research Reserve management plan;
        or
            (3) a regional or State watershed protection plan involving
        coastal States with approved coastal zone management plans.
    (c) Grant Process.--The Secretary shall allocate grants authorized
under subsection (b) to coastal States or National Estuarine Research
Reserves through a competitive grant process in accordance with the
following requirements:
            (1) The Secretary shall consult with the State's coastal
        zone management program, any National Estuarine Research
        Reserve in that State, and the lead agency designated by the
        Governor for coordinating the implementation of this Act (if
        different from the coastal zone management program).
            (2) Each participating State, after consultation with
        nongovernmental and local governmental entities, shall identify
        priority conservation needs within the State, the values to be
        protected by inclusion of lands in the program, and the threats
        to those values that should be avoided.
            (3) Each participating State shall evaluate how the
        acquisition of property or easements might impact working
        waterfront needs.
            (4) The applicant shall identify the values to be protected
        by inclusion of the lands in the program, management activities
        that are planned and the manner in which they may affect the
        values identified, and any other information from the landowner
        relevant to administration and management of the land.
            (5) Awards shall be based on demonstrated need for
        protection and ability to successfully leverage funds among
        participating entities, including Federal programs, regional
        organizations, State and other governmental units, landowners,
        corporations, or private organizations.
            (6) The governor of the State, or the lead agency
        designated by the governor for coordinating the implementation
        of this Act, shall determine that the application is consistent
        with the State's or territory's approved coastal zone plan,
        program, and policies prior to submittal to the Secretary.
            (7) Priority shall be given to lands described in
        subsection (a) that can be effectively managed and protected
        and that have significant ecological or watershed protection
        value.
            (8) In developing guidelines under this section, the
        Secretary shall consult with other Federal agencies and non-
        governmental entities with expertise in land acquisition and
        conservation procedures.
            (9) Eligible States or National Estuarine Research Reserves
        may allocate grants to local governments or agencies eligible
        for assistance under section 306A(e) of the Coastal Zone
        Management Act of 1972 (16 U.S.C. 1455a(e)) and may acquire
        lands in cooperation with nongovernmental entities and Federal
        agencies.
            (10) The Secretary shall develop measures that will ensure
        that property or interests in property acquired in whole or in
        part through the use of funds under the program are acquired
        only from willing sellers.
            (11) The Secretary shall develop performance measures that
        the Secretary shall use to evaluate and report on the program's
        effectiveness in accomplishing its purposes, and shall submit
        such evaluations to Congress not less often than once every 3
        years.
    (d) Matching Requirements.--
            (1) In general.--The Secretary may not make a grant of
        Federal funds under the program unless such Federal funds are
        matched by non-Federal funds in accordance with this
        subsection.
            (2) Maximum federal share.--
                    (A) 75 percent federal funds.--Subject to
                subparagraph (B), not more than 75 percent of the
                funding for any project funded with a grant made under
                the program shall be derived from Federal sources.
                    (B) Waiver of requirement.--The Secretary may grant
                a waiver of the limitation in subparagraph (A) for
                underserved communities, communities that have an
                inability to draw on other sources of funding because
                of the small population or low income of the community,
                or for other reasons the Secretary deems appropriate.
            (3) Other federal funds.--If a grant awarded under the
        program represents only a portion of the total cost of a
        project, funding from other Federal sources may be applied to
        the cost of the project. Each portion shall be subject to match
        requirements under the applicable provision of law.
            (4) Source of matching cost share.--For purposes of
        paragraph (2)(A), the non-Federal cost share for a project may
        be determined by taking into account the following:
                    (A) The value of land or a conservation easement
                may be used as non-Federal match if the lands are
                identified in project plans and acquired within 3 years
                prior to the submission of the project application or
                after the submission of a project application until the
                project grant is closed (not to exceed 3 years). The
                appraised value of the land at the time of project
                closing will be considered the non-Federal cost share.
                The value of land that is held by a nongovernmental
                organization may be used for such purpose if it is held
                in perpetuity by a qualified conservation organization,
                as determined by the Secretary.
                    (B) Costs associated with land acquisition, land
                management planning, remediation, restoration, and
                enhancement may be used as non-Federal match if the
                activities are identified in the plan and expenses are
                incurred within the period of the grant award, or, for
                lands described in (A), within the same time limits
                described therein. These costs may include either cash
                or in-kind contributions.
    (e) Reservation of Funds for National Estuarine Research Reserve
Sites.--No less than 15 percent of funds made available under the
program shall be available for acquisitions benefitting National
Estuarine Research Reserves.
    (f) Limit on Administrative Costs.--No more than 5 percent of the
funds made available to the Secretary under this section shall be used
by the Secretary for planning or administration of the program. The
Secretary shall provide a report to Congress with an account of all
expenditures under this section for fiscal year 2009 and not less often
than once every 3 years thereafter.
    (g) Title and Management of Acquired Property.--If any property is
acquired in whole or in part with funds made available through a grant
under the program, the grant recipient shall provide such assurances as
the Secretary may require that--
            (1) the title to the property will be held by the grant
        recipient or another appropriate public agency designated by
        the recipient in perpetuity;
            (2) the property will be managed in a manner that is
        consistent with the purposes for which the land entered into
        the program and shall not convert such property to other uses;
        and
            (3) if the property or interest in land is sold, exchanged,
        or divested, funds equal to the correct value will be returned
        to the Secretary in accordance with applicable Federal law for
        re-distribution in the grant process.
    (h) Definitions.--In this section:
            (1) Coastal state.--The term ``coastal State'' has the
        meaning given that term by section 304(4) of the Coastal Zone
        Management Act of 1972 (16 U.S.C. 1453(4)).
            (2) Conservation easement.--The term ``conservation
        easement'' includes an easement or restriction, recorded deed,
        or a reserve interest deed where the grantee acquires all
        rights, title, and interest in a property, that do not conflict
        with the goals of this Act except those rights, title, and
        interests that may run with the land that are expressly
        reserved by a grantor and are agreed to at the time of
        purchase.
            (3) Interest in property.--The term ``interest in
        property'' includes a conservation easement.
            (4) Other terms.--Any term used in this section that is
        defined in section 304 of the Coastal Zone Management Act of
        1972 (16 U.S.C. 1453) has the meaning given that term in that
        section.
    (i) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary such sums as may be necessary to carry
out this Act for fiscal years 2009 through 2013.

Summary: Coastal and Estuarine Land Protection Act - Directs the Secretary of Commerce to establish a Coastal and Estuarine Land Protection Program to protect the environmental integrity of undeveloped coastal and estuarine areas. Requires the program to be administered by the National Ocean Service of the National Oceanic and Atmospheric Administration (NOAA) through the Office of Ocean and Coastal Resource Management. Authorizes the Secretary to make Program grants to coastal states with approved coastal zone management plans or National Estuarine Research Reserve units for the purpose of acquiring property that will further the goals of an approved Coastal Zone Management Plan or Program, a National Estuarine Research Reserve management plan, or a regional or state watershed protection plan. Prohibits any more than 75 of the funding for any project funded with a grant made under the program from being derived from federal sources. Reserves 15 of program funds for acquisitions benefitting the National Estuarine Research Reserve. Specifies that when property is acquired under this program, the grant recipient shall provide assurances that: (1) title will be held by the recipient or another public agency designated by the recipient in perpetuity. (2) property will be managed consistent with the purpose of the Program. And (3) funds will be returned to the Secretary for redistribution if the property is sold, exchanged, or divested.

A bill to authorize the acquisition of interests in undeveloped coastal areas in order better to ensure their protection from development and for other purposes.


SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Close Big Oil Tax
Loopholes Act''.
    (b) Table of Contents.--The table of contents of this Act is as
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Sense of Senate on high gas prices.
                  TITLE I--CLOSE BIG OIL TAX LOOPHOLES

Sec. 101. Modifications of foreign tax credit rules applicable to major
                            integrated oil companies which are dual
                            capacity taxpayers.
Sec. 102. Limitation on section 199 deduction attributable to oil,
                            natural gas, or primary products thereof.
Sec. 103. Limitation on deduction for intangible drilling and
                            development costs.
Sec. 104. Limitation on percentage depletion allowance for oil and gas
                            wells.
Sec. 105. Limitation on deduction for tertiary injectants.
         TITLE II--OUTER CONTINENTAL SHELF OIL AND NATURAL GAS

Sec. 201. Repeal of outer Continental Shelf deep water and deep gas
                            royalty relief.
                        TITLE III--MISCELLANEOUS

Sec. 301. Deficit reduction.
Sec. 302. Budgetary effects.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) gas prices have risen significantly largely in response
        to unrest in north Africa and the Middle East, unrest that
        speculators are capitalizing on to increase oil futures prices
        and make huge profits;
            (2) high gas prices are hurting the quality of life of
        people of the United States, cutting into savings, and
        jeopardizing jobs and the economic recovery of the United
        States;
            (3) implementation of the regulatory reforms enacted by
        Congress in the Dodd-Frank Wall Street Reform and Consumer
        Protection Act (Public Law 111-203; 124 Stat. 1376) to prevent
        energy market manipulation and control excessive speculation
        has been delayed and has been threatened with funding
        reductions in the House of Representatives;
            (4) the United States is producing more oil than any time
        in the last 13 years and companies hold abundant inventories of
        oil, but the United States is still importing more than
        11,000,000 barrels of oil per day and the Energy Information
        Administration projects that full production in all onshore and
        offshore areas would reduce gas prices by only 3 cents per
        gallon by 2030;
            (5) domestic refining capacity now exceeds United States
        demand for refined petroleum products, resulting in increased
        idle refinery capacity;
            (6) oil companies are sitting idly on approximately
        60,000,000 acres of leased Federal lands and waters containing
        more than 11,000,000,000 barrels of oil and 59,000,000,000,000
        cubic feet of natural gas;
            (7) the United States possesses less than 2 percent of the
        proven oil reserves of the world, yet consumes an unsustainable
        25 percent of the oil production of the world;
            (8) the economy of the United States suffers huge net
        losses in jobs and productivity from the growing annual trade
        deficit in energy, due mainly to the outflow of
        $250,000,000,000 or more to pay for foreign oil;
            (9) world oil prices have risen steadily since the slow
        beginning of the global economic recovery and, absent major
        efficiency or conservation improvements or deployment of
        alternative fuels, those oil prices are projected to remain
        well above $100 per barrel or higher as world demand grows as
        China, India and other countries industrialize;
            (10) the oil production policies of cartel of the
        Organization of the Petroleum Exporting Countries (OPEC) are a
        large determinant of the world price of oil, so the economy of
        the United States will be affected by decisions of OPEC as long
        as the United States depends on oil for a significant portion
        of the energy consumption of the United States;
            (11) the major oil companies have accumulated more than
        $1,000,000,000,000 in net profits over the last 10 years and
        collected more than $40,000,000,000 in tax breaks during the
        same period, but have invested negligible amounts of those
        funds into research and development of the production of clean
        and renewable fuels made in the United States, leaving
        consumers with few if any choices at the pump; and
            (12) in the Energy Independence and Security Act of 2007
        (42 U.S.C. 17001 et seq.), Congress increased fuel economy
        standards for the first time in 30 years and established
        ambitious requirements for domestic biofuels, actions that have
        reduced oil consumption and reduced upward pressure on gas
        prices.

SEC. 3. SENSE OF SENATE ON HIGH GAS PRICES.

    It is the sense of the Senate that--
            (1) the President and Administration should be commended
        for recognizing the severity of high gas prices and for taking
        appropriate actions to help reduce gas prices, including
        actions--
                    (A) to move forward with expeditious and
                responsible domestic production in the Gulf of Mexico
                and elsewhere;
                    (B) to form a Task Force led by the Department of
                Justice to investigate and eliminate oil and gas price
                gouging and market manipulation;
                    (C) to establish a national oil savings goal to cut
                imports by 33 percent by 2025;
                    (D) to call for 1,000,000 electric vehicles to be
                on the road by 2015;
                    (E) to harmonize corporate average fuel standards
                under section 32902 of title 49, United States Code,
                (CAFE) and carbon pollution standards to achieve
                1,800,000,000 barrels in oil savings from new vehicles
                built before 2017, and working with stakeholders to
                increase those savings from future year vehicles;
                    (F) to establish the National Clean Fleets
                Partnership and Green Fleet Initiative to reduce diesel
                and gasoline use in fleets by incorporating electric
                vehicles, alternative fuels like natural gas, and
                efficiency measures; and
                    (G) to clarify and expand the use of E-15 fuel for
                new motor vehicles;
            (2) Congress should take additional actions to complement
        the efforts of the President, including enacting provisions--
                    (A) to encourage diligent and responsible
                development of domestic oil and gas resources onshore
                and off-shore;
                    (B) to eliminate subsidies for major oil and gas
                companies and use the savings to promote research,
                development, and deployment of affordable alternative
                fuels and vehicles;
                    (C) to give consumers more choices at the pump and
                incentives for buying vehicles that displace petroleum
                consumption; and
                    (D) to direct and fund the Commodity Futures
                Trading Commission and the Federal Trade Commission to
                rapidly implement the energy consumer protection
                requirements of the Dodd-Frank Wall Street Reform and
                Consumer Protection Act (Public Law 111-203; 124 Stat.
                1376);
            (3) the Organization of the Petroleum Exporting Countries
        (OPEC) should contribute to the stabilization of world oil
        markets and prices and reduce the burden of high gasoline
        prices borne by the consumers in the United States by using
        existing idle oil production capacity to compensate for any
        supply shortages experienced in member countries; and
            (4) the economic, environmental, and national security of
        the United States depend on a sustained effort to drastically
        reduce and eventually eliminate the dependency of the United
        States on oil.

                  TITLE I--CLOSE BIG OIL TAX LOOPHOLES

SEC. 101. MODIFICATIONS OF FOREIGN TAX CREDIT RULES APPLICABLE TO MAJOR
              INTEGRATED OIL COMPANIES WHICH ARE DUAL CAPACITY
              TAXPAYERS.

    (a) In General.--Section 901 of the Internal Revenue Code of 1986
is amended by redesignating subsection (n) as subsection (o) and by
inserting after subsection (m) the following new subsection:
    ``(n) Special Rules Relating to Major Integrated Oil Companies
Which Are Dual Capacity Taxpayers.--
            ``(1) General rule.--Notwithstanding any other provision of
        this chapter, any amount paid or accrued by a dual capacity
        taxpayer which is a major integrated oil company (as defined in
        section 167(h)(5)(B)) to a foreign country or possession of the
        United States for any period shall not be considered a tax--
                    ``(A) if, for such period, the foreign country or
                possession does not impose a generally applicable
                income tax, or
                    ``(B) to the extent such amount exceeds the amount
                (determined in accordance with regulations) which--
                            ``(i) is paid by such dual capacity
                        taxpayer pursuant to the generally applicable
                        income tax imposed by the country or
                        possession, or
                            ``(ii) would be paid if the generally
                        applicable income tax imposed by the country or
                        possession were applicable to such dual
                        capacity taxpayer.
        Nothing in this paragraph shall be construed to imply the
        proper treatment of any such amount not in excess of the amount
        determined under subparagraph (B).
            ``(2) Dual capacity taxpayer.--For purposes of this
        subsection, the term `dual capacity taxpayer' means, with
        respect to any foreign country or possession of the United
        States, a person who--
                    ``(A) is subject to a levy of such country or
                possession, and
                    ``(B) receives (or will receive) directly or
                indirectly a specific economic benefit (as determined
                in accordance with regulations) from such country or
                possession.
            ``(3) Generally applicable income tax.--For purposes of
        this subsection--
                    ``(A) In general.--The term `generally applicable
                income tax' means an income tax (or a series of income
                taxes) which is generally imposed under the laws of a
                foreign country or possession on income derived from
                the conduct of a trade or business within such country
                or possession.
                    ``(B) Exceptions.--Such term shall not include a
                tax unless it has substantial application, by its terms
                and in practice, to--
                            ``(i) persons who are not dual capacity
                        taxpayers, and
                            ``(ii) persons who are citizens or
                        residents of the foreign country or
                        possession.''.
    (b) Effective Date.--
            (1) In general.--The amendments made by this section shall
        apply to taxes paid or accrued in taxable years beginning after
        the date of the enactment of this Act.
            (2) Contrary treaty obligations upheld.--The amendments
        made by this section shall not apply to the extent contrary to
        any treaty obligation of the United States.

SEC. 102. LIMITATION ON SECTION 199 DEDUCTION ATTRIBUTABLE TO OIL,
              NATURAL GAS, OR PRIMARY PRODUCTS THEREOF.

    (a) Denial of Deduction.--Paragraph (4) of section 199(c) of the
Internal Revenue Code of 1986 is amended by adding at the end the
following new subparagraph:
                    ``(E) Special rule for certain oil and gas
                income.--In the case of any taxpayer who is a major
                integrated oil company (as defined in section
                167(h)(5)(B)) for the taxable year, the term `domestic
                production gross receipts' shall not include gross
                receipts from the production, transportation, or
                distribution of oil, natural gas, or any primary
                product (within the meaning of subsection (d)(9))
                thereof.''.
    (b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2011.

SEC. 103. LIMITATION ON DEDUCTION FOR INTANGIBLE DRILLING AND
              DEVELOPMENT COSTS.

    (a) In General.--Section 263(c) of the Internal Revenue Code of
1986 is amended by adding at the end the following new sentence: ``This
subsection shall not apply to amounts paid or incurred by a taxpayer in
any taxable year in which such taxpayer is a major integrated oil
company (as defined in section 167(h)(5)(B)).''.
    (b) Effective Date.--The amendment made by this section shall apply
to amounts paid or incurred in taxable years beginning after December
31, 2011.

SEC. 104. LIMITATION ON PERCENTAGE DEPLETION ALLOWANCE FOR OIL AND GAS
              WELLS.

    (a) In General.--Section 613A of the Internal Revenue Code of 1986
is amended by adding at the end the following new subsection:
    ``(f) Application With Respect to Major Integrated Oil Companies.--
In the case of any taxable year in which the taxpayer is a major
integrated oil company (as defined in section 167(h)(5)(B)), the
allowance for percentage depletion shall be zero.''.
    (b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2011.

SEC. 105. LIMITATION ON DEDUCTION FOR TERTIARY INJECTANTS.

    (a) In General.--Section 193 of the Internal Revenue Code of 1986
is amended by adding at the end the following new subsection:
    ``(d) Application With Respect to Major Integrated Oil Companies.--
This section shall not apply to amounts paid or incurred by a taxpayer
in any taxable year in which such taxpayer is a major integrated oil
company (as defined in section 167(h)(5)(B)).''.
    (b) Effective Date.--The amendment made by this section shall apply
to amounts paid or incurred in taxable years beginning after December
31, 2011.

         TITLE II--OUTER CONTINENTAL SHELF OIL AND NATURAL GAS

SEC. 201. REPEAL OF OUTER CONTINENTAL SHELF DEEP WATER AND DEEP GAS
              ROYALTY RELIEF.

    (a) In General.--Sections 344 and 345 of the Energy Policy Act of
2005 (42 U.S.C. 15904, 15905) are repealed.
    (b) Administration.--The Secretary of the Interior shall not be
required to provide for royalty relief in the lease sale terms
beginning with the first lease sale held on or after the date of
enactment of this Act for which a final notice of sale has not been
published.

                        TITLE III--MISCELLANEOUS

SEC. 301. DEFICIT REDUCTION.

    The net amount of any savings realized as a result of the enactment
of this Act and the amendments made by this Act (after any expenditures
authorized by this Act and the amendments made by this Act) shall be
deposited in the Treasury and used for Federal budget deficit reduction
or, if there is no Federal budget deficit, for reducing the Federal
debt in such manner as the Secretary of the Treasury considers
appropriate.

SEC. 302. BUDGETARY EFFECTS.

    The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go-Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the Senate Budget Committee, provided that
such statement has been submitted prior to the vote on passage.

Summary: Close Big Oil Tax Loopholes Act - Expresses the sense of the Senate that: (1) the President and Administration should be commended for recognizing the severity of high gas prices and for taking appropriate actions to help reduce gas prices. (2) Congress should take additional actions to complement the efforts of the President. (3) the Organization of Petroleum Exporting Countries (OPEC) should contribute to the stabilization of world oil markets and prices and reduce the burden of high gasoline prices by using existing idle oil production capacity to compensate for any supply shortages. And (4) US economic, environmental, and national security depend on a sustained effort to reduce and eventually eliminate the dependence of the United States on oil. Amends the Internal Revenue Code to deny to oil companies with gross receipts in excess of $1 billion in a taxable year and an average daily worldwide production of crude oil of at least 500,000 barrels a year: (1) a foreign tax credit if such company is a dual capacity taxpayer, as defined by this Act. (2) the tax deduction for income attributable to domestic production of oil, natural gas, or primary products thereof, (3) the tax deduction for intangible drilling and development costs, (4) the percentage depletion allowance for oil and gas wells. And (5) the tax deduction for qualified tertiary injectant expenses. Amends the Energy Policy Act of 2005 to repeal the authority of the Secretary of the Interior to grant royalty relief for natural gas production from deep wells and deep water oil and gas production in the Outer Continental Shelf. Dedicates any increased revenue generated by this Act to the reduction of a federal budget deficit or the public debt. Provides for compliance of the budgetary effects of this Act with the Statutory Pay-As-You-Go Act of 2010.

A bill to reduce the Federal budget deficit by closing big oil tax loopholes, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Repatriate Our Patriots Act''.

SEC. 2. DEFINITION.

    In this Act, the term ``special veteran'' means an individual who
is an alien and is described in section 101(2) of title 38, United
States Code, except the term--
            (1) only includes individuals who were discharged or
        released from the Armed Forces under honorable conditions;
            (2) does not include individuals who have been convicted of
        voluntary manslaughter, murder, rape, sexual abuse of a minor,
        or any offense under chapter 113B of title 18, United States
        Code (relating to terrorism); and
            (3) does not include individuals who have been determined
        to be a child abuser or a pedophile.

SEC. 3. PROTECTING SPECIAL VETERANS FROM REMOVAL.

    Notwithstanding any other provision of law, including section 237
of the Immigration and Nationality Act (8 U.S.C. 1227), a special
veteran shall not be removed from the United States.

SEC. 4. NATURALIZATION FOR SPECIAL VETERANS.

    (a) In General.--Notwithstanding any other provision of law, a
special veteran shall be naturalized as a citizen of the United States
upon the filing of the appropriate application, paying the appropriate
fees, and, except as provided in subsection (b), taking and subscribing
before an officer of the Department of Homeland Security within the
United States to the oath of allegiance required by section 337 of the
Immigration and Nationality (8 U.S.C. 1448). The Secretary of Homeland
Security shall take steps to ensure that the period in which an
application for naturalization under this section is pending does not
exceed 90 days. The Secretary shall furnish each special veteran
naturalized under this section with a certificate of citizenship.
    (b) Special Veterans Abroad.--In the case of a special veteran
residing abroad, the application for naturalization may be filed from
abroad, and the oath of allegiance described in subsection (a) may be
subscribed to abroad at United States embassies, consulates, and, as
practicable, United States military installations overseas pursuant to
the procedures available under section 1701(d) of the National Defense
Authorization Act for Fiscal Year 2004 (8 U.S.C. 1443a) for
naturalization proceedings overseas for members of the Armed Forces and
their spouses and children.
    (c) Waiver.--Consistent with section 337(a) of the Immigration and
Nationality Act (8 U.S.C. 1448(a)), the Secretary of Homeland Security
may waive the taking of the oath of allegiance described in subsection
(a) by a special veteran if, in the opinion of the Secretary, the
special veteran is unable to understand, or to communicate an
understanding of, its meaning because of a physical or developmental
disability or mental impairment.

SEC. 5. TREATMENT OF SPECIAL VETERANS IN REMOVAL PROCEEDINGS OR ORDERED
              REMOVED.

    In the case of a special veteran in removal proceedings on the date
of the enactment of this Act, the Secretary of Homeland Security shall
cancel the removal of the special veteran. In the case of a special
veteran who was ordered removed before the date of the enactment of
this Act, the Attorney General shall rescind any outstanding order of
removal, and any finding that the special veteran is subject to removal
or is inadmissible. In the case of a special veteran physically present
in the United States whose status as an alien lawfully admitted for
permanent residence was rescinded before the date of the enactment of
this Act, the Secretary of Homeland Security shall allow the veteran to
adjust status to that of an alien lawfully admitted for permanent
residence without regard to any numerical limitation in the Immigration
and Nationality Act (8 U.S.C. 1101 et seq.).

SEC. 6. RETURN OF SPECIAL VETERANS REMOVED FROM THE UNITED STATES.

    Not later than 180 days after the date of the enactment of this
Act, the Secretary shall establish a program and application procedure
to permit special veterans removed from the United States before the
date of the enactment of this Act to enter the United States as an
alien lawfully admitted for permanent residence without regard to any
numerical limitation in the Immigration and Nationality Act (8 U.S.C.
1101 et seq.).

SEC. 7. ACCESS TO MILITARY BENEFITS.

    A special veteran who has been naturalized or has obtained the
status of an alien lawfully admitted for permanent residence pursuant
to this Act shall be eligible for all military and veterans benefits
for which the special veteran would have been eligible if the special
veteran had never been ordered removed, been removed, or voluntarily
departed, from the United States.

SEC. 8. IDENTIFICATION OF SPECIAL VETERANS.

    (a) Identification.--The Secretary of Homeland Security shall
identify immigration cases involving special veterans by--
            (1) inquiring of every alien processed prior to initiating
        removal proceedings whether the alien is a special veteran; and
            (2) keeping records of special veterans who have been
        detained under the immigration laws, had removal proceedings
        against them initiated before the date of the enactment of this
        Act, or been removed before such date.
    (b) Record Annotation.--When the Secretary has identified a case
under subsection (a), the Secretary shall annotate all immigration and
naturalization records of the Department of Homeland Security relating
to the special veteran involved so as to reflect that identification
and afford an opportunity to track the outcomes for the veteran. Such
annotation shall include--
            (1) the veteran's branch of military service;
            (2) whether or not the veteran served during a period of
        military hostilities described in section 329 of the
        Immigration and Nationality Act (8 U.S.C. 1440); and
            (3) the veteran's immigration status at the time of
        enlistment.

Summary: Repatriate Our Patriots Act This bill prohibits a special veteran from being removed from the United States. A special veteran: (1) is an alien veteran who was discharged or released from military service under conditions other than dishonorable, (2) includes only an honorably discharged or released individual. And (3) excludes an individual convicted of voluntary manslaughter, murder, rape, sexual abuse of a minor, or terrorism-related offenses or an individual determined to be a child abuser or a pedophile. DHS: (1) shall process naturalization applications for special veterans within 90 days. And (2) may permit special veterans to file naturalization applications from abroad and take the oath of allegiance at US embassies, consulates, and military installations. DHS shall: (1) cancel the removal of a special veteran in removal proceedings, and (2) allow a special veteran whose permanent resident status was rescinded to adjust back to such status. The Department of Justice, in the case of a special veteran who was ordered removed, shall rescind any outstanding order of removal and any finding that the individual is subject to removal or is inadmissible. DHS shall create a program to allow a special veteran who was removed to return to the United States as a lawfully admitted permanent resident. A special veteran who has been naturalized or who has obtained lawful permanent resident status pursuant to this bill shall be eligible for all military and veterans benefits for which such individual would have been eligible otherwise. DHS shall identify and maintain records of immigration cases involving special veterans.

Repatriate Our Patriots Act


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Congressional Accountability for
Regulatory Information Act of 2000''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) many Federal regulations have improved the quality of
        life of the American public, however, uncontrolled increases in
        regulatory costs and lost opportunities for better regulation
        should not be continued;
            (2) the legislative branch has a responsibility to ensure
        that laws passed by Congress are properly implemented by the
        executive branch;
            (3) in order for the legislative branch to fulfill its
        responsibilities to ensure that laws passed by Congress are
        implemented in an efficient, effective, and fair manner, the
        Congress requires accurate and reliable information on which to
        base decisions; and
            (4) the legal effect of many Federal agency guidance
        documents and other Federal agency statements that are not
        published in the Code of Federal Regulations is often not clear
        to the affected public.

SEC. 3. REPORTS ON REGULATORY ACTIONS BY THE GENERAL ACCOUNTING OFFICE.

    (a) In General.--Section 801(a)(2) of title 5, United States Code,
is amended by striking subparagraph (B) and inserting the following:
    ``(B)(i) After an agency publishes a regulatory action, a committee
of either House of Congress with legislative or oversight jurisdiction
relating to the action may request the Comptroller General to review
the action under clause (ii).
    ``(ii) Of requests made under clause (i), the Comptroller General
shall provide a report on each regulatory action selected under clause
(iv) to the committee which requested the report (and the committee of
jurisdiction in the other House of Congress)--
            ``(I) except as provided in subclause (II), by not later
        than 180 calendar days after the committee request is received;
        or
            ``(II) in the case of a request for review of a notice of
        proposed rule making or an interim final rule making, by not
        later than the end of the 60-calendar-day period beginning on
        the date the committee request is received, or the end of the
        period for submission of comment regarding the rule making,
        whichever is later.
The report shall include an independent analysis of the regulatory
action by the Comptroller General using any relevant data or analyses
available to or generated by the General Accounting Office.
    ``(iii) The independent analysis of the regulatory action by the
Comptroller General under clause (ii) shall include--
            ``(I) an analysis by the Comptroller General of the
        potential benefits of the regulatory action, including any
        beneficial effects that cannot be quantified in monetary terms
        and the identification of those likely to receive the benefits;
            ``(II) an analysis by the Comptroller General of the
        potential costs of the regulatory action, including any adverse
        effects that cannot be quantified in monetary terms and the
        identification of those likely to bear the costs;
            ``(III) an analysis by the Comptroller General of any
        alternative regulatory approaches that could achieve the same
        goal in a more cost-effective manner or that could provide
        greater net benefits, and, if applicable, a brief explanation
        of any statutory reasons why such alternatives could not be
        adopted;
            ``(IV) an analysis of the extent to which the regulatory
        action would affect State or local governments; and
            ``(V) a summary of how the results of the Comptroller
        General's analysis differ, if at all, from the results of the
        analyses of the agency in promulgating the regulatory action.
    ``(iv) In consultation with the Majority and Minority Leaders of
the Senate and the Speaker and Minority Leader of the House of
Representatives, the Comptroller General shall develop procedures for
determining the priority and number of those requests for review under
clause (i) that will be reported under clause (ii). The procedures
shall give the highest priority to requests regarding a notice of
proposed rule making for a major rule, and to requests regarding an
interim final rule making for a major rule.
    ``(C) Federal agencies shall cooperate with the Comptroller General
by promptly providing the Comptroller General with such records and
information as the Comptroller General determines necessary to carry
out this section.''.
    (b) Definitions.--Section 804 of title 5, United States Code, is
amended--
            (1) by redesignating paragraphs (2) and (3) as paragraphs
        (3) and (5), respectively;
            (2) by inserting after paragraph (1) the following:
            ``(2) The term `independent analysis' means a substantive
        review of the agency's underlying assessments and assumptions
        used in developing the regulatory action and any additional
        analysis the Comptroller General determines to be necessary.'';
        and
            (3) by inserting after paragraph (3) (as redesignated by
        paragraph (1) of this subsection) the following:
            ``(4) The term `regulatory action' means--
                    ``(A) notice of proposed rule making;
                    ``(B) final rule making, including interim final
                rule making; or
                    ``(C) a rule.''.

SEC. 4. DISCLOSURE OF NONBINDING EFFECT OF GUIDANCE DOCUMENTS.

    (a) In General.--Chapter 8 of title 5, United States Code, is
amended by inserting after section 803 the following:
``Sec. 803a. Notice of nonbinding effect of agency guidance
    ``The head of an agency shall include on the first page of each
statement published by the agency that is not a rule a notice that the
statement has no general applicability or future effect (or both), as
applicable, and is not binding on the public.''.
    (b) Clerical Amendment.--The table of sections at the beginning of
chapter 8 of title 5, United States Code, is amended by inserting after
the item relating to section 803 the following:

``803a. Notice of nonbinding effect of agency guidance.''.

SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the General Accounting
Office to carry out chapter 8 of title 5, United States Code,
$5,200,000 for each of fiscal years 2000 through 2003.

SEC. 6. EFFECTIVE DATE.

    This Act and the amendments made by this Act shall take effect 180
days after the date of enactment of this Act.

Summary: Requires the head of an agency to include on the first page of each statement published by the agency that is not a rule a notice that the statement has no general applicability or future effect, as applicable, and is not binding on the public. Authorizes appropriations.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Anti-Fraudulent Intercountry
Adoption Practices Act of 1996''.

SEC. 2. CRIMINAL PROVISIONS.

    (a) In General.--Title 18 of the United States Code is amended by
redesignating chapter 2 as chapter 2B and inserting before such chapter
the following:

                    ``CHAPTER 2A--ADOPTION SERVICES

``Sec.
``21. False pretenses in connection with the offering of adoption
                            services.
``22. Placing a child for adoption for compensation.
``23. Definitions.
``24. Effect on State law and regulation.

                    ``CHAPTER 2A--ADOPTION SERVICES

``Sec. 21. False pretenses in connection with the offering of adoption
              services
    ``(a) It shall be unlawful for any person, offering to perform any
act or render any service in connection with the placement of a child
for adoption, to knowingly and willfully falsify, conceal, or cover up
by any trick, scheme, or device a material fact, or make any false,
fictitious, or fraudulent statements or representations, or make or use
any false writing or document knowing the same to contain any false,
fictitious, or fraudulent statement or entry, in connection with the
performance of such act or the rendition of such service or the offer
to do so.
    ``(b) The material facts, documents, and representations referred
to in subsection (a) include--
            ``(1) information about the political or legal conditions
        and circumstances prevalent and anticipated in any country in
        which the legal proceedings of the adoption are to take place
        and which may affect the adoption process, including, but not
        limited to, information regarding how such conditions and
        circumstances may affect the time period in which the adoption
        process is to be completed; and
            ``(2) information released by the United States Department
        of State in the form of travel notices and other advisories
        regarding the adoption process in any country in which the
        legal proceedings of the adoption are to take place.
    ``(c) Any person who violates this section shall be imprisoned not
more than 5 years, fined not more than $10,000, or both.
``Sec. 22. Placing a child for adoption for compensation
    ``(a) It shall be unlawful for any person to knowingly and
willfully solicit or receive money or any thing of value, or the
promise thereof, for placing or arranging for the placement of any
child for adoption under circumstances that would require or result in
such child being transported in interstate or foreign commerce.
    ``(b) Any person who violates this section shall be imprisoned not
more than 5 years, fined not more than $10,000, or both.
    ``(c) This section shall not apply to any person who--
            ``(1) solicits or receives money or any thing of value as
        the bona fide agent of a child care or adoption agency, public
        or private, which is authorized or licensed by a State to place
        children for adoption, in exchange for services rendered by the
        agency;
            ``(2) solicits or receives reasonable services rendered in
        connection with the consultation regarding, and the preparation
        and execution of documents necessary to accomplish, the legal
        placement of a child for adoption; or
            ``(3) solicits or receives reasonable fees solely in
        connection with the consultation regarding, and the rendition
        of, professional medical services related to the prenatal care
        of a woman or the delivery, examination, or treatment of a
        child for adoption.
``Sec. 23. Definitions
    ``As used in this chapter:
            ``(1) The term `child' has the meaning given such term in
        section 101(b)(1)(F) of the Immigration and Nationality Act.
            ``(2) The term `State' includes the District of Columbia,
        the Commonwealth of Puerto Rico, the Commonwealth of the
        Northern Mariana Islands, the United States Virgin Islands,
        Guam, American Samoa, and the Trust Territory of the Pacific
        Islands.
``Sec. 24. Effect on State law and regulation
    ``Nothing in this chapter shall be construed to limit or otherwise
affect the applicability or validity of any State law or regulation
that may govern the placement of children in a home for adoption.''.
    (b) Clerical Amendment.--The table of chapters for part I of title
18, United States Code, is amended by striking the item relating to
chapter 2 and inserting the following:

``2A. Adoption practices....................................        21
``2B. Aircraft and motor vehicles...........................     31.''.

SEC. 3. SENSE OF THE CONGRESS THAT THERE SHOULD BE CIVIL REMEDIES FOR
              VICTIMS OF FRAUDULENT ADOPTION PRACTICES.

    (a) Defrauding Prospective Adoptive Parents; Civil Remedies.--It is
the sense of the Congress that--
            (1) any person who, having accepted money or anything of
        value in connection with an offer of, or performance of, any
        service or act relating to the placement of a child for
        adoption, has committed a violation of the provisions of
        chapter 2A of title 18, United States Code, should be liable
        for damages to any individual who has paid money or anything of
        value for the performance of such service or act;
            (2) the district courts of the United States should have
        jurisdiction to hear such cases regardless of the amount in
        controversy, and the plaintiff in such actions should be
        entitled to recover any money or thing of value (or the
        monetary equivalent thereof) which was provided to the
        defendant in exchange for the offer or promise to perform the
        act or service in question, in addition to punitive damages,
        costs of suit, and attorney's fees, where appropriate; and
            (3) the court may further impose such other penalties that
        may be provided for by State or Federal law.
    (b) Defrauding Birth Mother; Civil Remedies.--It is further the
sense of the Congress that--
            (1) any person who, having agreed to pay the expenses of a
        pregnant woman in return for the giving up of the child for
        adoption, commits an act of fraud in either stating the
        agreement or in performing it, should, if such woman traveled
        in interstate or foreign commerce because of the agreement, be
        liable to such woman for damages incurred as a result of the
        failure to perform any act or service covered by such
        agreement;
            (2) the district courts of the United States should have
        jurisdiction to hear such cases regardless of the amount in
        controversy, and the plaintiff in such actions should be
        entitled to recover such consequential and punitive damages,
        plus costs of suit and attorney's fees, as may be appropriate;
        and
            (3) the court may further impose such other penalties that
        may be provided for by State or Federal law.

Summary: Anti-Fraudulent Intercountry Adoption Practices Act of 1996 - Prohibits any person offering to perform any act or render any service in connection with the placement of a child for adoption from knowingly falsifying or concealing a material fact or from making or using any false document. Defines material facts, documents, and representations to include: (1) information about the political or legal conditions and circumstances in any country in which the legal proceedings of the adoption are to take place that may affect the adoption process. And (2) information released by the US Department of State in the form of travel notices and other advisories regarding the adoption process in any such country. Sets penalties for violations. Prohibits knowingly soliciting or receiving money or anything of value for placing any child for adoption under circumstances that require such child to be transported in interstate or foreign commerce, with exceptions. Sets penalties for violations. Expresses the sense of the Congress that there should be civil remedies for victims of fraudulent adoption practices.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Coordinate to Educate Act''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--The Congress makes the following findings:
            (1) Growing numbers of children live in an environment of
        social and economic conditions that greatly increase their risk
        of academic failure when they become students.
            (2) Many academically at-risk students suffer the effects
        of inadequate nutrition and health care, lack of child care,
        overcrowded and unsafe living conditions and homelessness,
        family and gang violence, substance abuse, sexual abuse and
        child abuse, involuntary migration and limited English
        proficiency that often create severe barriers to learning the
        knowledge and skills needed to become literate, independent and
        productive citizens.
            (3) Almost half of all children and youths live in a single
        parent family for some period of their lives, while many others
        live in families with two full-time working parents, greatly
        reducing parental involvement in their education.
            (4) Services for at-risk students are often fragmented,
        inconvenient, expensive, overregulated, ineffective and
        duplicative, and focused on only a single narrow problem
        without meeting the needs of the child and the family.
            (5) School personnel, parents, and support service
        providers often lack knowledge of, and access to, available
        services for at-risk students and their families in the
        community, are constrained by bureaucratic obstacles from
        providing the services most needed, and have few resources or
        incentives to coordinate services and make them accessible.
            (6) Service providers, such as teachers, social workers,
        health care and child care providers, juvenile justice workers
        and others, are often trained in separate institutions,
        practice in separate agencies, and pursue separate professional
        activities that provide little support for coordination and
        integration of services.
            (7) Coordination and integration of services for at-risk
        students emphasizing prevention and early intervention offer a
        greater opportunity to break the cycle that leads to academic
        failure, leaving school, low-skill levels, unemployment and low
        income.
            (8) Coordination of services is cost effective for schools
        and support agencies because it reduces duplication, improves
        quality of services, and substitutes prevention for expensive
        crisis interventions, while ensuring that students are ready to
        learn when they are in the classroom.
    (b) Purposes.--It is the purpose of this Act to establish a program
of grants to local education agencies to improve students' educational
performances by--
            (1) removing barriers to their learning;
            (2) coordinating and enhancing the effectiveness of support
        services;
            (3) making support services available, affordable, and
        convenient for those who need them;
            (4) replicating and disseminating successful high quality
        coordinated service programs;
            (5) increasing parental involvement in education;
            (6) improving the capacity of school and support service
        personnel to collaborate;
            (7) integrating services, regulations, data bases,
        eligibility procedures and funding sources whenever possible;
        and
            (8) focusing school and community resources on prevention
        and early intervention strategies to address student needs and
        to ensure that students are ready to learn when they are in the
        classroom.

SEC. 3. GRANT AUTHORIZATION.

    The Secretary of Education is authorized to make development and
implementation grants to local education agencies to develop and
implement coordinated service programs.

SEC. 4. DEVELOPMENT GRANTS.

    (a) Eligibility.--To be eligible to receive a grant under this
section, a local educational agency shall--
            (1) plan to collaborate with health and social service
        agencies to develop a program of school-linked integrated
        service for children and families on or near a school site; or
            (2) offer some coordinated services, but be able to
        demonstrate a need for the expansion of services.
    (b) Duration.--Grants under this section may be for up to 3 years
duration, subject to providing the Secretary with annual evidence of
satisfactory progress towards the achievement of a plan for a self-
sufficient coordinated service program.
    (c) Applications.--A local educational agency that wishes to
receive a grant under this section shall submit an application which
identifies--
            (1) the need for coordinated services among all or some of
        the students of a local educational agency;
            (2) the proposed membership of a collaborative which will
        be formed to achieve broad-based coordinated services,
        including representatives from the appropriate levels of all
        sectors and services necessary to achieve broad-based
        coordinated services, including representatives of children and
        families;
            (3) the objectives of the collaboration; and
            (4) performance measurements.
    (d) Use of Funds.--Grants awarded under this section shall be used
to--
            (1) plan and hold regular meetings of the collaborative;
            (2) identify barriers to learning experienced by students
        in the local educational agency that stem from factors external
        to the public school system, including poor health, physical
        and sexual abuse, poor nutrition, inadequate housing, lack of
        appropriate childcare and lack of appropriate preschool and
        before and after school care;
            (3) assess the availability of currently existing social
        service programs which could help to alleviate these barriers;
            (4) assess the availability of local, State and private
        funds, the redirection of existing funds and the use of in-kind
        services;
            (5) assess the feasibility of a sliding scale fee for
        services that will be delivered; and
            (6) develop an interagency service delivery plan that
        identifies--
                    (A) the priorities of the service providers and the
                community;
                    (B) the availability and use of adequate staff and
                physical resources;
                    (C) a plan to coordinate Federal, State and local
                regulations, eligibility requirements and application
                procedures;
                    (D) how coordinated services will be delivered,
                including a case management system; and
                    (E) a plan to become self-sufficient, without using
                funds authorized under this Act, not later than 2 years
                after implementation.

SEC. 5. IMPLEMENTATION GRANTS.

    (a) Eligibility.--A local educational agency that desires to
receive a grant under this section shall have an interagency service
delivery plan that has been approved by the Secretary of Education.
    (b) Duration.--Grants under this section may not exceed a 2-year
period.
    (c) Applications.--To be eligible to receive a grant under this
section, a local educational agency shall submit an application which--
            (1) identifies barriers to learning experienced by students
        in the local educational agency that stem from factors external
        to the public school system, including poor health, evidence of
        physical or sexual abuse, poor nutrition, inadequate housing,
        lack of appropriate childcare and lack of appropriate preschool
        and before and after school care;
            (2) identifies existing social service programs;
            (3) identifies the participants in the delivery of
        coordinated services, including community and parent
        involvement;
            (4) includes an interagency service delivery plan which
        includes the priorities of the service providers and the
        community;
            (5) includes an interagency agreement signed by key parties
        within the collaborative, partnership schools and agencies that
        detail what will be done, by whom and when;
            (6) makes assurances that Federal funds will be used for
        not more than 50 percent of the costs of this project after the
        first year, with a commitment of matching funds from other
        agencies or private sources, including the redirection of
        existing funds and the use of in-kind services which will fully
        support the project after the second year;
            (7) identifies how the coordinated service program will be
        staffed, including the case of a coordinator and including a
        plan for interagency staff training and development;
            (8) identifies where the coordinated service program will
        be located;
            (9) identifies how Federal, State, and local regulations,
        eligibility requirements and application procedures have been
        coordinated;
            (10) utilizes a case management system; and
            (11) sets sliding scale service fees, if feasible.
    (d) Use of Funds.--Grants awarded under this section may be used--
            (1) to locate and obtain commitments from funding sources
        other than the Federal Government when this grant ends;
            (2) to improve interagency communications and information-
        sharing, including developing telecommunications networks,
        software development, data base integration and management, and
        other applications of technology that improve coordination of
        service;
            (3) to support colocation of interagency service delivery
        programs in schools or other sites close to schools, including
        rental or lease payments, open and lock-up fees or maintenance
        and security costs necessary for the delivery of services to
        students;
            (4) for staff development, including in-service and cross-
        agency training, for the interagency service delivery team,
        including school staff;
            (5) to research and tabulate figures which demonstrate the
        success of a coordinated services program, including improved
        outcome for children and families in terms of taxpayers dollars
        saved; and
            (6) to support dissemination and replication of successful
        programs to other areas within a local educational agency.

SEC. 6. TARGET POPULATIONS.

    (a) Eligible Schools, Grades, and Areas.--An eligible local
educational agency may select a school or program area for coordinated
services if the project design is of adequate size, scope, and quality
to achieve projected outcomes.
    (b) Eligible Students.--Programs and services shall be made
available to all children and families in the area to be served and
shall, when appropriate, be paid on a sliding scale.

SEC. 7. SPECIAL CONSIDERATION.

    In making awards under this Act, the Secretary shall give special
consideration to--
            (1) the geographic distribution of awards, including urban,
        suburban, and rural districts;
            (2) districts with concentrated pockets of educationally
        at-risk students;
            (3) local educational agencies with high proportions of
        educationally at-risk students; and
            (4) areas with a large number of single parent or two-
        parent, working families.

SEC. 8. AUTHORIZATION.

    There are authorized to be appropriated to carry out the provisions
of this Act for fiscal year 2009, $300,000,000 of which $200,000,000
shall be allocated for development grants and $100,000,000 shall be
allocated for implementation grants, and such sums as may be necessary
for each of the fiscal years 2010 through 2015.

Summary: Coordinate to Educate Act - Authorizes the Secretary of Education to award: (1) grants of up to three years to local educational agencies (LEAs) to collaborate with health and social service agencies to develop school-linked coordinated service programs for children and families on or near school sites. And (2) grants of up to two years to LEAs to implement such programs pursuant to interagency service delivery plans that have been approved by the Secretary. Requires program services to be available to all children and families in the service area and, where appropriate, paid for on a sliding scale. Directs the Secretary, in awarding grants, to give special consideration to areas with high proportions of educationally at-risk students and areas that have a large number of single parent or two-parent, working families.

To authorize grants to local educational agencies to develop and implement coordinated services programs.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fair Debt Collection Practices
Amendments Act of 1995''.

SEC. 2. DEFINITIONS.

    Section 803(6)(C) of the Fair Debt Collection Practices Act (15
U.S.C. 1692a(6)(C)) is amended by inserting ``owed to the Federal
Government or to any State'' after ``collect any debt''.

SEC. 3. ACQUISITION OF LOCATION INFORMATION.

    Section 804(6) of the Fair Debt Collection Practices Act (15 U.S.C.
1692b(6)) is amended by inserting before the period at the end the
following: ``, except that the debt collector may communicate with
persons other than the attorney for the purpose of acquiring location
information or information relating to the income, assets, or credit of
the consumer if the attorney refuses to provide such information to the
debt collector''.

SEC. 4. VALIDATION OF DEBTS.

    (a) Destination of Validation Notice.--Section 809(a) of the Fair
Debt Collection Practices Act (15 U.S.C. 1692g(a)) is amended in the
matter preceding paragraph (1) by striking ``send the consumer'' and
inserting ``send to the last known address of the consumer (or to any
location at which the debt collector has a reasonable belief that the
consumer is residing)''.
    (b) Form of Validation Notice.--Section 809(a)(3) of the Fair Debt
Collection Practices Act (15 U.S.C. 1692g(a)(3)) is amended--
            (1) by inserting ``appearing in type at least as large as
        12-point type'' after ``a statement'';
            (2) by striking ``disputes'' and inserting ``notifies the
        debt collector in writing that''; and
            (3) by striking ``thereof,'' and inserting ``thereof is
        disputed,''.

SEC. 5. LEGAL ACTIONS BY DEBT COLLECTORS.

    Section 811(a)(2) of the Fair Debt Collection Practices Act (15
U.S.C. 1692i(a)(2)) is amended--
            (1) in subparagraph (A), by inserting ``or in which the
        obligation was incurred'' before the semicolon; and
            (2) in subparagraph (B), by inserting ``or is employed''
        after ``consumer resides''.

SEC. 6. CIVIL LIABILITY.

    (a) Limitations on Damages.--Section 813(a) of the Fair Debt
Collection Practices Act (15 U.S.C. 1692k(a)) is amended to read as
follows:
    ``(a) Limitations on Damages.--
            ``(1) In general.--Except as otherwise provided in this
        section, a debt collector who fails to comply with any
        provision of this title with respect to any person shall be
        liable to such person as follows:
                    ``(A) Individual actions.--In the case of an action
                arising under this title other than an action described
                in subparagraph (B), in an amount equal to any actual
                damages sustained by the person as a result of such
                failure.
                    ``(B) Class actions.--In the case of an action
                arising under this title that is brought or maintained
                as a class action pursuant to the Federal Rules of
                Civil Procedure or as otherwise provided by law
                (hereafter in this section referred to as a `class
                action'), in an amount equal to the sum of--
                            ``(i) the amount for each named plaintiff
                        as is recoverable under subparagraph (A); and
                            ``(ii) such amount as the court may allow
                        for all other class members, without regard to
                        a minimum individual recovery, not to exceed
                        the total amount for such class members as is
                        recoverable under subparagraph (A).
                    ``(C) Costs and attorney's fees.--In the case of
                any successful action to enforce the liability
                specified in subparagraph (A) or (B), the costs of the
                action, together with reasonable attorney's fees as
                determined by the court, in an amount not to exceed the
                amount awarded in such action under subparagraph (A) or
                (B), as applicable.
            ``(2) Class action limitation.--The total amount recovered
        under paragraph (1)(B) in any class action or series of class
        actions arising out of the same failure to comply by the same
        debt collector shall not exceed the lesser of--
                    ``(A) $500,000; or
                    ``(B) 1 percent of the net financial worth of the
                debt collector.
            ``(3) Actions brought in bad faith.--On a finding by the
        court that an action arising under this title was brought in
        violation of Rule 11(b) of the Federal Rules of Civil
        Procedure, the court may award to the defendant the costs of
        the action, together with reasonable attorney's fees, as
        determined by the court.
            ``(4) Offer of judgment.--Notwithstanding any other
        provision of law, in any action arising under this title, for
        purposes of any application of Rule 68 of the Federal Rules of
        Civil Procedure--
                    ``(A) costs shall include reasonable attorney's
                fees; and
                    ``(B) following any offer made to a plaintiff or to
                the plaintiff class that is not accepted in accordance
                with such Rule, the plaintiff or plaintiff class, as
                applicable, shall not be entitled to recover attorney's
                fees as otherwise provided in this title if the amount
                of the final judgment awarded to the plaintiff or to
                the plaintiff class, as applicable, is less than or
                equal to the offer.''.
    (b) Factors for Consideration.--Section 813(b) of the Fair Debt
Collection Practices Act (15 U.S.C. 1692k(b)) is amended to read as
follows:
    ``(b) Factors for Consideration.--In determining the liability of a
debt collector under subsection (a) in any action arising under this
title, the court shall consider, among other relevant factors--
            ``(1) the frequency and persistence of noncompliance by the
        debt collector;
            ``(2) the nature of such noncompliance; and
            ``(3) the extent to which the noncompliance of the debt
        collector is intentional.''.
    (c) Modification of Bona Fide Error Defense.--Section 813(c) of the
Fair Debt Collection Practices Act (15 U.S.C. 1692k(c)) is amended--
            (1) by striking ``violation was not'' and inserting the
        following: ``violation--
            ``(1) was not'';
            (2) by striking the period at the end and inserting ``;
        or''; and
            (3) by adding at the end the following new paragraph:
            ``(2) resulted from the use of written communication in a
        form approved by any Federal or State agency responsible for
        the regulation of debt collectors.''.
    (d) Reasonable Person Standard.--Section 813 of the Fair Debt
Collection Practices Act (15 U.S.C. 1692k) is amended by adding at the
end the following new subsection:
    ``(f) Reasonable Person Standard.--In making a determination under
this section as to whether or not a debt collector has failed to comply
with any provision of this title with respect to any person, the court
shall consider the effect of the actions or omissions of the debt
collector on a reasonable person.''.

SEC. 7. RELATION TO STATE LAWS.

    Section 816 of the Fair Debt Collection Practices Act (15 U.S.C.
1692n) is amended to read as follows:

``SEC. 816. RELATION TO STATE LAWS.

    ``(a) In General.--This title supersedes any provision of the law
of any State that creates a private right of action relating to any
operation, practice, or activity of a debt collector.
    ``(b) No Remedy Under This Title for State Law Violations.--This
title shall not be construed to provide a remedy for any violation of
the law of any State with respect to debt collection practices.
    ``(c) No Liability Under This Title for State Law Violations.--This
title shall not be construed to establish any liability or penalty for
a violation of the law of any State unless the conduct which
constitutes a violation of the law of such State also constitutes a
violation of any requirement of this title or any regulation
promulgated pursuant to this title.''.

Summary: Fair Debt Collection Practices Amendments Act of 1995 - Amends the Fair Debt Collection Practices Act to limit the exclusion from its purview of debt collection activities by a Federal or State official to collection of debts owed to the Federal or a State government, respectively. Permits a debt collector to acquire income, assets, or credit information from a person other than the debtor's attorney if the attorney refuses to provide such information. Revises procedural guidelines for: (1) debt validation, (2) legal actions by debt collectors. And (3) limitations on damages, including repeal of the allowance of up to $1,000 in additional damages. Provides that this Act: (1) supersedes any State law creating a private right of action against a debt collector. (2) does not provide a remedy for any violation of State law regarding debt collection practices. And (3) does not establish any liability or penalty for violation of State law unless such violation also constitutes a violation under this Act.