SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Railroad Right-of-Way Conveyance
Validation Act''.

SEC. 2. VALIDATION OF CONVEYANCES.

    Except as provided in section 5, the conveyances described in
section 3 (involving certain lands in Nevada County, State of
California) and section 4 (involving certain lands in San Joaquin
County, State of California) concerning lands that form parts of the
right-of-way granted by the United States to the Central Pacific
Railway Company in the Act entitled ``An Act to aid in the Construction
of a Railroad and Telegraph Line from the Missouri River to the Pacific
Ocean, and to secure to the Government the Use of the same for Postal,
Military, and Other Purposes'', approved July 1, 1862 (12 Stat. 489),
hereby are legalized, validated, and confirmed, as far as any interest
of the United States in such lands is concerned, with the same force
and effect as if the land involved in each such conveyance had been
held, on the date of such conveyance, under absolute fee simple title
by the grantor of such land.
SEC. 3. CONVEYANCES OF LANDS IN NEVADA COUNTY, STATE OF CALIFORNIA.
    The conveyances of land in Nevada County, State of California,
referred to in section 2 are as follows:
        (1) The conveyances entered into between the Southern Pacific
    Transportation Company, grantor, and David G. ``Otis'' Kantz and
    Virginia Thomas Bills Kantz, husband and wife, as joint tenants,
    grantees, recorded June 10, 1987, as instrument number 87-15995 in
    the official records of the county of Nevada.
        (2) The conveyance entered into between the Southern Pacific
    Transportation Company, grantor, and Antone Silva and Martha E.
    Silva, his wife, grantees, recorded June 10, 1987, as instrument
    number 87-15996 in the official records of the county of Nevada.
        (3) The conveyance entered into between the Southern Pacific
    Transportation Company, grantor, and Charlie D. Roeschen and Renee
    Roeschen, husband and wife as joint tenants, grantees, recorded
    June 10, 1987, as instrument number 87-15997 in the official
    records of the county of Nevada.
        (4) The conveyance entered into between the Southern Pacific
    Transportation Company, grantor, and Manuel F. Nevarez and
    Margarita Nevarez, his wife, as joint tenants, grantees, recorded
    June 10, 1987, as instrument number 87-15998 in the official
    records of the county of Nevada.
        (5) The conveyance entered into between the Southern Pacific
    Transportation Company, grantor, and Susan P. Summers, grantee,
    recorded June 10, 1987, as instrument number 87-15999 in the
    official records of the county of Nevada.
        (6) The conveyance entered into between the Southern Pacific
    Transportation Company, grantor, and James L. Porter, a single man,
    as his sole and separate property, grantee, recorded June 10, 1987,
    as instrument number 87-16000 in the official records of the county
    of Nevada.
        (7) The conveyance entered into between the Southern Pacific
    Transportation Company, grantor, and Robert L. Helin, a single man,
    grantee, recorded June 10, 1987, as instrument number 87-16001 in
    the official records of the county of Nevada.
        (8) The conveyance entered into between the Southern Pacific
    Transportation Company, grantor, and Thomas S. Archer and Laura J.
    Archer, husband and wife, as joint tenants, grantees, recorded June
    10, 1987, as instrument number 87-16002 in the official records of
    the county of Nevada.
        (9) The conveyance entered into between the Southern Pacific
    Transportation Company, grantor, and Wallace L. Stevens, a single
    man, grantee, recorded June 10, 1987, as instrument number 87-16003
    in the official records of the county of Nevada.
        (10) The conveyance entered into between the Southern Pacific
    Transportation Company, grantor, and Sierra Pacific Power Company,
    grantees, recorded June 10, 1987, as instrument number 87-16004 in
    the official records of the county of Nevada.
        (11) The conveyance entered into between the Southern Pacific
    Transportation Company, grantor, and Truckee Public Utility
    District, grantees, recorded June 10, 1987, as instrument number
    87-16005 in the official records of the county of Nevada.
        (12) The conveyance entered into between the Southern Pacific
    Transportation Company, grantor, and Dwayne W. Haddock and Bertha
    M. Haddock, his wife as joint tenants, grantees, recorded June 10,
    1987, as instrument number 87-16006 in the official records of the
    county of Nevada.
        (13) The conveyance entered into between the Southern Pacific
    Transportation Company, grantor, and William C. Thorn, grantee,
    recorded June 10, 1987, as instrument number 87-16007 in the
    official records of the county of Nevada.
        (14) The conveyance entered into between the Southern Pacific
    Transportation Company, grantor, and Jose Guadelupe Lopez,
    grantees, recorded June 10, 1987, as instrument number 87-16008 in
    the official records of the county of Nevada.
        (15) The conveyance entered into between the Southern Pacific
    Transportation Company, grantor, and Harold O. Dixon, an unmarried
    man, as to an undivided half interest, and Pedro Lopez, a married
    man, as to an undivided half interest, as joint tenants, grantees,
    recorded June 10, 1987, as instrument number 87-16009 in the
    official records of the county of Nevada.
        (16) The conveyance entered into between the Southern Pacific
    Transportation Company, grantor, and Robert E. Sutton and Patricia
    S. Sutton, husband and wife, as joint tenants, grantees, recorded
    June 10, 1987, as instrument number 87-16010 in the official
    records of the county of Nevada.
        (17) The conveyance entered into between the Southern Pacific
    Transportation Company, grantor, and Angelo C. Besio and Eva G.
    Besio, his wife, grantees, recorded June 10, 1987, as instrument
    number 87-16011 in the official records of the county of Nevada.
        (18) The conveyance entered into between the Southern Pacific
    Transportation Company, grantor, and Lawrence P. Young and Mary K.
    Young, husband and wife, as joint tenants, grantees, recorded June
    10, 1987, as instrument number 87-16012 in the official records of
    the county of Nevada.
        (19) The conveyance entered into between the Southern Pacific
    Transportation Company, grantor, and the estate of Charles Clyde
    Cozzaglio, grantee, recorded June 10, 1987, as instrument number
    87-16013 in the official records of the county of Nevada.
        (20) The conveyance entered into between the Southern Pacific
    Transportation Company, grantor, and Noel T. Hargreaves, an
    unmarried woman, as her sole and separate property, grantee,
    recorded June 10, 1987, as instrument number 87-16014 in the
    official records of the county of Nevada.
        (21) The conveyance entered into between the Southern Pacific
    Transportation Company, grantor, and Athleisure Enterprises,
    Incorporated, a Nevada corporation, grantees, recorded January 24,
    1989, as instrument number 89-01803 in the official records of the
    county of Nevada.
        (22) The conveyance entered into between the Southern Pacific
    Transportation Company, grantor, and Richard Bwarie, a single man
    as to an undivided one-half interest, and Roger S. Gannam and
    Lucille Gannam, husband and wife, as joint tenants, as to an
    undivided one-half interest, grantees, recorded January 24, 1989,
    as instrument number 89-01804 in the official records of the county
    of Nevada.
        (23) The conveyance entered into between the Southern Pacific
    Transportation Company, grantor, and William Campbell and Juanita
    R. Campbell, his wife as joint tenants, grantees, recorded January
    24, 1989, as instrument number 89-01805 in the official records of
    the county of Nevada.
        (24) The conveyance entered into between the Southern Pacific
    Transportation Company, grantor, and William E. Cannon and Lynn M.
    Cannon, husband and wife, as joint tenants as to an undivided one-
    half interest, and Brent Collinson and Dianne Collinson, husband
    and wife, as joint tenants, as to an undivided one-half interest,
    grantees, recorded January 24, 1989, as instrument number 89-01806
    in the official records of the county of Nevada.
        (25) The conveyance entered into between the Southern Pacific
    Transportation Company, grantor, and Christopher G. Eaton and
    Bernadette M. Eaton, husband and wife as community property,
    grantees, recorded January 24, 1989, as instrument number 89-01807
    in the official records of the county of Nevada.
        (26) The conveyance entered into between the Southern Pacific
    Transportation Company, grantor, and Christopher G. Eaton, grantee,
    recorded January 24, 1989, as instrument number 89-01808 in the
    official records of the county of Nevada.
        (27) The conveyance entered into between the Southern Pacific
    Transportation Company, grantor, and Valeria M. Kelly, an unmarried
    woman, grantee, recorded January 24, 1989, as instrument number 89-
    01809 in the official records of the county of Nevada.
        (28) The conveyance entered into between the Southern Pacific
    Transportation Company, grantor, and William J. Kuttel and Delia
    Rey Kuttel, husband and wife, grantees, recorded January 24, 1989,
    as instrument number 89-01810 in the official records of the county
    of Nevada.
        (29) The conveyance entered into between the Southern Pacific
    Transportation Company, grantor, and Thomas A. Lippert and Laurel
    A. Lippert, husband and wife, grantees, recorded January 24, 1989,
    as instrument number 89-01811 in the official records of the county
    of Nevada.
        (30) The conveyance entered into between the Southern Pacific
    Transportation Company, grantor, and Fred J. Mahler, a single man,
    grantee, recorded January 24, 1989, as instrument number 89-01812
    in the official records of the county of Nevada.
        (31) The conveyance entered into between the Southern Pacific
    Transportation Company, grantor, and Francis Doyle McGwinn also
    known as Doyle F. McGwinn, a widower, grantee, recorded January 24,
    1989, as instrument number 89-01813 in the official records of the
    county of Nevada.
        (32) The conveyance entered into between the Southern Pacific
    Transportation Company, grantor, and James D. Ritchie and Susan
    Ritchie, husband and wife, as joint tenants, grantees, recorded
    January 24, 1989, as instrument number 89-01814 in the official
    records of the county of Nevada.
        (33) The conveyance entered into between the Southern Pacific
    Transportation Company, grantor, and William R. Smith and Joan M.
    Smith, his wife, as joint tenants, grantees, recorded January 24,
    1989, as instrument number 89-01815 in the official records of the
    county of Nevada.
        (34) The conveyance entered into between the Southern Pacific
    Transportation Company, grantor, and Anthony J. Stile and Laura A.
    Stile, husband and wife, as joint tenants, grantees, recorded
    January 24, 1989, as instrument number 89-01816 in the official
    records of the county of Nevada.
        (35) The conveyance entered into between the Southern Pacific
    Transportation Company, grantor, and Thomas R. Stokes, a single
    man, and Carla J. Stewart, a single woman, as joint tenants,
    grantees, recorded January 24, 1989, as instrument number 89-01817
    in the official records of the county of Nevada.
        (36) The conveyance entered into between the Southern Pacific
    Transportation Company, grantor, and Tom's Television System,
    Incorporated, a California Corporation, grantees, recorded January
    24, 1989, as instrument number 89-01818 in the official records of
    the county of Nevada.
        (37) The conveyance entered into between the Southern Pacific
    Transportation Company, grantor, and Tom's Television System,
    Incorporated, a California corporation, grantees, recorded January
    24, 1989, as instrument number 89-01819 in the official records of
    the county of Nevada.
        (38) The conveyances entered into between the Southern Pacific
    Transportation Company, grantor, and Harry M. Welch and Betty R.
    Welch, his wife, as joint tenants, grantees, recorded January 24,
    1989, as instrument number 89-01820 in the official records of the
    county of Nevada.
        (39) The conveyance entered into between the Southern Pacific
    Transportation Company, grantor, and Harry Fariel and Joan Fariel,
    husband and wife, as joint tenants, grantees, recorded February 2,
    1989, as instrument number 89-02748 in the official records of the
    county of Nevada.
        (40) The conveyance entered into between the Southern Pacific
    Transportation Company, grantor, and Edward Candler and May
    Candler, husband and wife as community property, as to an undivided
    two-thirds interest; and Harry Fariel and Joan Fariel, husband and
    wife, as joint tenants, as to an undivided one-third interest,
    grantees, recorded February 2, 1989, as instrument number 89-02749
    in the official records of the county of Nevada.
        (41) The conveyance entered into between the Central Pacific
    Railroad, grantor, and E.W. Hopkins and J.O.B. Gann, grantees,
    recorded April 7, 1894, in Book 79 of Deeds at page 679, official
    records of the county of Nevada.
        (42) The conveyance entered into between the Southern Pacific
    Transportation Company, grantor, and John David Gay and Elizabeth
    Jean Gay, as Trustees of the David and Elizabeth Gay Trust,
    grantees, recorded October 3, 1991, as instrument number 91-30654
    of the official records of the county of Nevada.
SEC. 4. CONVEYANCES OF LAND IN SAN JOAQUIN COUNTY, STATE OF CALIFORNIA.
    The conveyances of land in San Joaquin County, State of California,
referred to in section 2 are as follows:
        (1) The conveyance entered into between the Southern Pacific
    Transportation Company, grantor, and Ronald M. Lauchland and
    Lillian R. Lauchland, grantees, recorded October 1, 1985, as
    instrument number 85066621 in the official records of the county of
    San Joaquin.
        (2) The conveyance entered into between the Southern Pacific
    Transportation Company, grantor, and Bradford A. Lange and Susan J.
    Lange, his wife, as to an undivided one-half, and Randall W. Lange
    and Charlene J. Lange, his wife, as to an undivided one-half
    interest, grantees, recorded October 1, 1985, as instrument number
    85066623 in the official records of the county of San Joaquin.
        (3) The conveyance entered into between the Southern Pacific
    Transportation Company, grantor, and Leo G. Lewis and Vasiliki L.
    Lewis, and Billy G. Lewis and Dimetria Lewis, grantees, recorded
    October 1, 1985, as instrument number 85066625 in the official
    records of the county of San Joaquin.
        (4) The conveyance entered into between the Southern Pacific
    Transportation Company, grantor, and Louis J. Bennett, grantees,
    recorded October 1, 1985, as instrument number 85066627 in the
    official records of the county of San Joaquin.
        (5) The conveyance entered into between the Southern Pacific
    Transportation Company, grantor, and Joe Alves Correia and Leontina
    Correia, his wife, grantees, recorded September 1, 1970, instrument
    number 33915, in book 3428, page 461, of the official records of
    the county of San Joaquin.
        (6) The conveyance entered into between the Southern Pacific
    Transportation Company, grantor, and Willard H. Fike, Jr., and
    Dorla E. Fike, his wife, grantees, recorded January 7, 1988,
    instrument number 88001473 of the official records of the county of
    San Joaquin.
        (7) The conveyance entered into between Central Pacific
    Railway, Grantor, and Nettie M. Murray and Marie M. Hallinan,
    Grantees, dated May 31, 1949, recorded June 14, 1949, in volume
    1179 at page 394 of the official records of the county of San
    Joaquin.
        (8) The conveyance entered into between the Central Pacific
    Railway Company, a corporation, and its Lessee, Southern Pacific
    Company, a corporation, Grantor, and Lodi Winery, Incorporated,
    Grantee, dated August 2, 1938, recorded May 23, 1940, in volume
    692, page 249, of the official records of the county of San
    Joaquin.

SEC. 5. LIMITATIONS ON VALIDATION OF CONVEYANCES.

    (a) Scope.--Nothing in this Act shall be construed to--
        (1) diminish the right-of-way referred to in section 2 to a
    width of less than fifty feet on each side of the center of the
    main track or tracks maintained by the Southern Pacific
    Transportation Company on the date of enactment of this Act; or
        (2) legalize, validate, or confirm, with respect to any land
    that is the subject of a conveyance referred to in section 3 or 4,
    any right or title to, or interest in, such land arising out of
    adverse possession, prescription, or abandonment, and not confirmed
    by such conveyance.
    (b) Minerals.--(1) The United States hereby reserves any federally-
owned minerals that may exist in land that is conveyed pursuant to
section 2 of this Act, including the right of the United States, its
assignees or lessees, to enter upon and utilize as much of the surface
of said land as is necessary to remove minerals under the laws of the
United States.
    (2) Any and all minerals reserved by paragraph (1) are hereby
withdrawn from all forms of entry, appropriation, and patent under the
mining, mineral leasing, and geothermal leasing laws of the United
States.

                               Speaker of the House of Representatives.

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

Summary: Railroad Right-of-Way Conveyance Validation Act - Validates conveyances of certain lands in San Joaquin and Nevada Counties, California, that form part of the right-of-way granted by the United States to the Central Pacific Railway Company.

To validate conveyances of certain lands in the State of California that form part of the right-of-way granted by the United States to the Central Pacific Railway Company.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Military Survivor Benefits
Improvement Act of 2003''.

SEC. 2. COMPUTATION OF BENEFITS UNDER SURVIVOR BENEFIT PLAN FOR
              SURVIVING SPOUSES OVER AGE 62.

    (a) Phased Increase in Basic Annuity.--
            (1) Standard annuity.--
                    (A) Increase to 55 percent.--Clause (i) of
                subsection (a)(1)(B) of section 1451 of title 10,
                United States Code, is amended by striking ``35 percent
                of the base amount.'' and inserting ``the product of
                the base amount and the percent applicable to the
                month, as follows:
                                    ``(I) For a month before October
                                2004, the applicable percent is 35
                                percent.
                                    ``(II) For a month during fiscal
                                year 2005, the applicable percent is 40
                                percent.
                                    ``(III) For a month during fiscal
                                year 2006, the applicable percent is 45
                                percent.
                                    ``(IV) For a month during fiscal
                                year 2007, the applicable percent is 50
                                percent.
                                    ``(V) For a month during a fiscal
                                year after fiscal year 2007, the
                                applicable percent is 55 percent.''.
                    (B) Coordination with savings provision under prior
                law.--Clause (ii) of such subsection is amended by
                striking ``, at the time the beneficiary becomes
                entitled to the annuity,''.
            (2) Reserve-component annuity.--Subsection (a)(2)(B)(i)(I)
        of such section is amended by striking ``35 percent'' and
        inserting ``the percent specified under subsection (a)(1)(B)(i)
        as being applicable for the month''.
            (3) Survivors of eligible persons dying on active duty,
        etc.--
                    (A) Increase to 55 percent.--Clause (i) of
                subsection (c)(1)(B) of such section is amended--
                            (i) by striking ``35 percent'' and
                        inserting ``the applicable percent''; and
                            (ii) by adding at the end the following:
                        ``The percent applicable for a month under the
                        preceding sentence is the percent specified
                        under subsection (a)(1)(B)(i) as being
                        applicable for that month.''.
                    (B) Coordination with savings provision under prior
                law.--Clause (ii) of such subsection is amended by
                striking ``, at the time the beneficiary becomes
                entitled to the annuity,''.
            (4) Clerical amendment.--The heading for subsection
        (d)(2)(A) of such section is amended to read as follows:
        ``Computation of annuity.--''.
    (b) Corresponding Phased Elimination of Supplemental Annuity.--
            (1) Phased reduction of supplemental annuity.--Section
        1457(b) of title 10, United States Code, is amended--
                    (A) by striking ``5, 10, 15, or 20 percent'' and
                inserting ``the applicable percent''; and
                    (B) by inserting after the first sentence the
                following: ``The percent used for the computation shall
                be an even multiple of 5 percent and, whatever the
                percent specified in the election, may not exceed 20
                percent for months before October 2004, 15 percent for
                months during fiscal year 2005, 10 percent for months
                during fiscal year 2006, and 5 percent for months after
                September 2006.''.
            (2) Repeal upon implementation of 55 percent sbp annuity.--
        Effective on October 1, 2007, chapter 73 of such title is
        amended--
                    (A) by striking subchapter III; and
                    (B) by striking the item relating to subchapter III
                in the table of subchapters at the beginning of that
                chapter.
    (c) Recomputation of Annuities.--
            (1) Periodic recomputation required.--Effective on the
        first day of each month specified in paragraph (2)--
                    (A) each annuity under section 1450 of title 10,
                United States Code, that commenced before that month,
                is computed under a provision of section 1451 of that
                title amended by subsection (a), and is payable for
                that month shall be recomputed so as to be equal to the
                amount that would be in effect if the percent
                applicable for that month under that provision, as so
                amended, had been used for the initial computation of
                the annuity; and
                    (B) each supplemental survivor annuity under
                section 1457 of such title that commenced before that
                month and is payable for that month shall be recomputed
                so as to be equal to the amount that would be in effect
                if the percent applicable for that month under that
                section, as amended by this section, had been used for
                the initial computation of the supplemental survivor
                annuity.
            (2) Time for recomputation.--The requirement under
        paragraph (1) for recomputation of certain annuities applies
        with respect to the following months:
                    (A) October 2004.
                    (B) October 2005.
                    (C) October 2006.
                    (D) October 2007.
    (d) Recomputation of Retired Pay Reductions for Supplemental
Survivor Annuities.--The Secretary of Defense shall take such actions
as are necessitated by the amendments made by subsection (b) and the
requirements of subsection (c)(1)(B) to ensure that the reductions in
retired pay under section 1460 of title 10, United States Code, are
adjusted to achieve the objectives set forth in subsection (b) of that
section.

SEC. 3. OPEN ENROLLMENT PERIOD FOR SURVIVOR BENEFIT PLAN COMMENCING
              OCTOBER 1, 2004.

    (a) Persons Not Currently Participating in Survivor Benefit Plan.--
            (1) Election of sbp coverage.--An eligible retired or
        former member may elect to participate in the Survivor Benefit
        Plan under subchapter II of chapter 73 of title 10, United
        States Code, during the open enrollment period specified in
        subsection (f).
            (2) Election of supplemental annuity coverage.--An eligible
        retired or former member who elects under paragraph (1) to
        participate in the Survivor Benefit Plan at the maximum level
        may also elect during the open enrollment period to participate
        in the Supplemental Survivor Benefit Plan established under
        subchapter III of chapter 73 of title 10, United States Code.
            (3) Eligible retired or former member.--For purposes of
        paragraphs (1) and (2), an eligible retired or former member is
        a member or former member of the uniformed services who on the
        day before the first day of the open enrollment period is not a
        participant in the Survivor Benefit Plan and--
                    (A) is entitled to retired pay; or
                    (B) would be entitled to retired pay under chapter
                1223 of title 10, United States Code, but for the fact
                that such member or former member is under 60 years of
                age.
            (4) Status under sbp of persons making elections.--
                    (A) Standard annuity.--A person making an election
                under paragraph (1) by reason of eligibility under
                paragraph (3)(A) shall be treated for all purposes as
                providing a standard annuity under the Survivor Benefit
                Plan.
                    (B) Reserve-component annuity.--A person making an
                election under paragraph (1) by reason of eligibility
                under paragraph (3)(B) shall be treated for all
                purposes as providing a reserve-component annuity under
                the Survivor Benefit Plan.
    (b) Election To Increase Coverage Under SBP.--A person who on the
day before the first day of the open enrollment period is a participant
in the Survivor Benefit Plan but is not participating at the maximum
base amount or is providing coverage under the Plan for a dependent
child and not for the person's spouse or former spouse may, during the
open enrollment period, elect to--
            (1) participate in the Plan at a higher base amount (not in
        excess of the participant's retired pay); or
            (2) provide annuity coverage under the Plan for the
        person's spouse or former spouse at a base amount not less than
        the base amount provided for the dependent child.
    (c) Election for Current SBP Participants To Participate in
Supplemental SBP.--
            (1) Election.--A person who is eligible to make an election
        under this paragraph may elect during the open enrollment
        period to participate in the Supplemental Survivor Benefit Plan
        established under subchapter III of chapter 73 of title 10,
        United States Code, as added by section 1404.
            (2) Persons eligible.--Except as provided in paragraph (3),
        a person is eligible to make an election under paragraph (1) if
        on the day before the first day of the open enrollment period
        the person is a participant in the Survivor Benefit Plan at the
        maximum level, or during the open enrollment period the person
        increases the level of such participation to the maximum level
        under subsection (b) of this section, and under that Plan is
        providing annuity coverage for the person's spouse or a former
        spouse.
            (3) Limitation on eligibility for certain sbp participants
        not affected by two-tier annuity computation.--A person is not
        eligible to make an election under paragraph (1) if (as
        determined by the Secretary concerned) the annuity of a spouse
        or former spouse beneficiary of that person under the Survivor
        Benefit Plan will be computed under section 1451(e) of title
        10, United States Code. However, such a person may during the
        open enrollment period waive the right to have that annuity
        computed under such section. Any such election is irrevocable.
        A person making such a waiver may make an election under
        paragraph (1) as in the case of any other participant in the
        Survivor Benefit Plan.
    (d) Manner of Making Elections.--An election under this section
must be made in writing, signed by the person making the election, and
received by the Secretary concerned before the end of the open
enrollment period. Any such election shall be made subject to the same
conditions, and with the same opportunities for designation of
beneficiaries and specification of base amount, that apply under the
Survivor Benefit Plan or the Supplemental Survivor Benefit Plan, as the
case may be. A person making an election under subsection (a) to
provide a reserve-component annuity shall make a designation described
in section 1448(e) of title 10, United States Code.
    (e) Effective Date for Elections.--Any such election shall be
effective as of the first day of the first calendar month following the
month in which the election is received by the Secretary concerned.
    (f) Open Enrollment Period Defined.--The open enrollment period is
the one-year period beginning on October 1, 2004.
    (g) Effect of Death of Person Making Election Within Two Years of
Making Election.--If a person making an election under this section
dies before the end of the two-year period beginning on the effective
date of the election, the election is void and the amount of any
reduction in retired pay of the person that is attributable to the
election shall be paid in a lump sum to the person who would have been
the deceased person's beneficiary under the voided election if the
deceased person had died after the end of such two-year period.
    (h) Applicability of Certain Provisions of Law.--The provisions of
sections 1449, 1453, and 1454 of title 10, United States Code, are
applicable to a person making an election, and to an election, under
this section in the same manner as if the election were made under the
Survivor Benefit Plan or the Supplemental Survivor Benefit Plan, as the
case may be.
    (i) Additional Premium.--The Secretary of Defense may require that
the premium for a person making an election under subsection (a)(1) or
(b) include, in addition to the amount required under section 1452(a)
of title 10, United States Code, an amount determined under regulations
prescribed by the Secretary of Defense for the purposes of this
subsection. Any such amount shall be stated as a percentage of the base
amount of the person making the election and shall reflect the number
of years that have elapsed since the person retired, but may not exceed
4.5 percent of that person's base amount.
    (j) Report Concerning Open Season.--Not later than July 1, 2004,
the Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and House of Representatives a report on the
open season authorized by this section for the Survivor Benefit Plan.
The report shall include the following:
            (1) A description of the Secretary's plans for
        implementation of the open season.
            (2) The Secretary's estimates of the costs associated with
        the open season, including any anticipated effect of the open
        season on the actuarial status of the Department of Defense
        Military Retirement Fund.
            (3) Any recommendation by the Secretary for further
        legislative action.

Summary: Military Survivor Benefits Improvement Act of 2003 - Adjusts the basic Survivor Benefit Plan (SBP) annuity amount for surviving spouses, age 62 and older, of former military personnel to: (1) 35 percent of the retired pay of the decedent , for months before October 2004, (2) 40 percent for months during FY 2005, (3) 45 percent for months during FY 2006, (4) 50 percent for months during FY 2007. And (5) 55 percent for months after FY 2007. Adjusts similarly percentage amounts with respect to survivors of reserve personnel and survivors of persons who die while on active duty. Provides a corresponding phased elimination of the SBP supplemental annuity authorized to be provided to such surviving spouses. Requires periodic recomputation of: (1) annuity amounts beginning in October 2004. And (2) retired pay reductions for supplemental survivor annuities. Provides a one-year open enrollment period for SBP participation, commencing October 1, 2004, for those currently not participating, those electing to increase current coverage, and those wishing to participate in the supplemental SBP. Authorizes the Secretary of Defense to require appropriate premiums for SBP participation.

To amend title 10, United States Code, to increase the minimum Survivor Benefit Plan basic annuity for surviving spouses age 62 and older, to provide for a one-year open season under that plan, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``San Juan County Settlement
Implementation Act of 2016''.

SEC. 2. EXCHANGE OF COAL PREFERENCE RIGHT LEASE APPLICATIONS.

    (a) Definitions.--In this section:
            (1) Bidding right.--The term ``bidding right'' means an
        appropriate legal instrument or other written documentation,
        including an entry in an account managed by the Secretary,
        issued or created under subpart 3435 of title 43, Code of
        Federal Regulations, that may be used--
                    (A) in lieu of a monetary payment for a bonus bid
                for a coal lease sale under the Mineral Leasing Act (30
                U.S.C. 181 et seq.); or
                    (B) as a monetary credit against any rental or
                royalty payments due under any Federal coal lease.
            (2) Secretary.--The term ``Secretary'' means the Secretary
        of the Interior.
    (b) Authorization.--The Secretary may retire any coal preference
right lease application for which the Secretary has made an affirmative
commercial quantities determination--
            (1) by issuing bidding rights in exchange for
        relinquishment of the coal preference right lease application;
        and
            (2) notwithstanding any other provision of law, by making a
        payment to the relevant State in an amount equal to 50 percent
        of the dollar amount of any bidding right subsequently used in
        lieu of any monetary payment of a bonus in a coal lease sale or
        of rental or royalty under a Federal coal lease.
    (c) Source of Payments.--The Secretary shall make payments under
subsection (b) from amounts that would otherwise be deposited in the
Treasury as miscellaneous receipts under section 35(a) of the Mineral
Leasing Act (30 U.S.C. 191(a)).
    (d) Treatment of Payments.--A payment to a State under this section
shall be treated as a payment under section 35(a) of the Mineral
Leasing Act (30 U.S.C. 191(a)).
    (e) Transferability; Limitation.--
            (1) Transferability.--A bidding right issued under this
        section shall be fully transferable to any other person.
            (2) Notification of secretary.--A person who transfers a
        bidding right shall notify the Secretary of the transfer by any
        method determined to be appropriate by the Secretary.
            (3) Effective period.--
                    (A) In general.--A bidding right issued under this
                section shall terminate on the expiration of the 5-year
                period beginning on the date the bidding right is
                issued.
                    (B) Tolling of period.--The 5-year period described
                in subparagraph (A) shall be tolled during any period
                in which exercise of the bidding right is precluded by
                temporary injunctive relief granted under, or
                administrative, legislative, or judicial suspension of,
                the Federal coal leasing program.

SEC. 3. CERTAIN LAND SELECTIONS OF THE NAVAJO NATION.

    (a) Cancellation of Certain Selections.--The land selections made
by the Navajo Nation pursuant to Public Law 93-531 (commonly known as
the ``Navajo-Hopi Land Settlement Act of 1974'') (25 U.S.C. 640d et
seq.) that are depicted on the map entitled ``Navajo-Hopi Land
Settlement Act Selected Lands'' and dated April 2, 2015, are canceled.
    (b) Authorization for New Selection.--
            (1) In general.--Subject to paragraphs (2) and (3), the
        Navajo Nation may make new land selections in accordance with
        the Act referred to in subsection (a) to replace the land
        selections canceled under that subsection.
            (2) Exclusions.--The following land shall not be eligible
        for selection under paragraph (1):
                    (A) Land within a unit of the National Landscape
                Conservation System.
                    (B) Land within--
                            (i) the Glade Run Recreation Area;
                            (ii) the Fossil Forest Research Natural
                        Area;
                            (iii) the North Road Area of Critical
                        Environmental Concern;
                            (iv) the Pierre's Site Area of Critical
                        Environmental Concern; or
                            (v) the Ah-shi-sle-pah Road Area of
                        Critical Environmental Concern.
                    (C) Any land subject to a lease or contract under
                the Mineral Leasing Act (30 U.S.C. 181 et seq.) or the
                Act of July 31, 1947 (commonly known as the ``Materials
                Act of 1947'') (30 U.S.C. 601 et seq.), as of the date
                of the selection.
            (3) Equal value.--
                    (A) In general.--Notwithstanding the acreage
                limitation in the second proviso of section 11(c) of
                Public Law 93-531 (commonly known as the ``Navajo-Hopi
                Land Settlement Act of 1974'') (25 U.S.C. 640d-10(c)),
                the value of the land selected under paragraph (1) and
                the land subject to selections cancellation under
                subsection (a) shall be equal, based on appraisals
                conducted under subparagraph (B).
                    (B) Appraisal.--The value of the land selected
                under paragraph (1) and the land subject to selections
                canceled under subsection (a) shall be determined by an
                appraisal conducted in accordance with--
                            (i) the Uniform Appraisal Standards for
                        Federal Land Acquisitions; and
                            (ii) the Uniform Standards of Professional
                        Appraisal Practice.
            (4) Withdrawal.--Any land selected by the Navajo Nation
        under paragraph (1) shall be withdrawn from disposal, leasing,
        and development until the date on which the selected land is
        placed into trust for the Navajo Nation.
    (c) Boundary.--For purposes of this section and the Act referred to
in subsection (a), the present boundary of the Navajo Reservation is
depicted on the map entitled ``Navajo Nation Boundary'' and dated
November 16, 2015.

SEC. 4. DESIGNATION OF AH-SHI-SLE-PAH WILDERNESS.

    (a) In General.--In accordance with the Wilderness Act (16 U.S.C.
1131 et seq.), the approximately 7,242 acres of land as generally
depicted on the map entitled ``San Juan County Wilderness
Designations'' and dated April 2, 2015, is designated as wilderness and
as a component of the National Wilderness Preservation System, which
shall be known as the ``Ah-shi-sle-pah Wilderness'' (referred to in
this section as the ``Wilderness'').
    (b) Management.--
            (1) In general.--Subject to valid existing rights, the
        Wilderness shall be administered by the Director of the Bureau
        of Land Management in accordance with this section and the
        Wilderness Act (16 U.S.C. 1131 et seq.), except that any
        reference in that Act to the effective date of that Act shall
        be considered to be a reference to the date of enactment of
        this Act.
            (2) Adjacent management.--
                    (A) In general.--Congress does not intend for the
                designation of the Wilderness to create a protective
                perimeter or buffer zone around the Wilderness.
                    (B) Nonwilderness activities.--The fact that
                nonwilderness activities or uses can be seen or heard
                from areas within the Wilderness shall not preclude the
                conduct of the activities or uses outside the boundary
                of the Wilderness.
            (3) Incorporation of acquired land and interests in land.--
        Any land or interest in land that is within the boundary of the
        Wilderness that is acquired by the United States shall--
                    (A) become part of the Wilderness; and
                    (B) be managed in accordance with--
                            (i) the Wilderness Act (16 U.S.C. 1131 et
                        seq.);
                            (ii) this section; and
                            (iii) any other applicable laws.
            (4) Grazing.--Grazing of livestock in the Wilderness, where
        established before the date of enactment of this Act, shall be
        allowed to continue in accordance with--
                    (A) section 4(d)(4) of the Wilderness Act (16
                U.S.C. 1133(d)(4)); and
                    (B) the guidelines set forth in the report of the
                Committee on Interior and Insular Affairs of the House
                of Representatives accompanying H.R. 5487 of the 96th
                Congress (H. Rept. 96-617).
    (c) Release of Wilderness Study Areas.--Congress finds that, for
the purposes of section 603(c) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1782(c)), the land within the Ah-shi-
sle-pah Wilderness Study Area not designated as wilderness by this
section has been adequately studied for wilderness designation and is
no longer subject to section 603(c) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1782(c)).

SEC. 5. EXPANSION OF BISTI/DE-NA-ZIN WILDERNESS.

    (a) In General.--There is designated as wilderness and as a
component of the National Wilderness Preservation System certain
Federal land comprising approximately 2,250 acres, as generally
depicted on the map entitled ``San Juan County Wilderness
Designations'' and dated April 2, 2015, which is incorporated in and
shall be considered to be a part of the Bisti/De-Na-Zin Wilderness.
    (b) Administration.--Subject to valid existing rights, the land
designated as wilderness by subsection (a) shall be administered by the
Director of the Bureau of Land Management (referred to in this section
as the ``Director''), in accordance with--
            (1) the Wilderness Act (16 U.S.C. 1131 et seq.), except
        that any reference in that Act to the effective date of that
        Act shall be considered to be a reference to the date of
        enactment of this Act; and
            (2) the San Juan Basin Wilderness Protection Act of 1984
        (Public Law 98-603; 98 Stat. 3155; 110 Stat. 4211).
    (c) Adjacent Management.--
            (1) In general.--Congress does not intend for the
        designation of the land as wilderness by subsection (a) to
        create a protective perimeter or buffer zone around that land.
            (2) Nonwilderness activities.--The fact that nonwilderness
        activities or uses can be seen or heard from areas within the
        land designated as wilderness by subsection (a) shall not
        preclude the conduct of the activities or uses outside the
        boundary of that land.
    (d) Incorporation of Acquired Land and Interests in Land.--Any land
or interest in land that is within the boundary of the land designated
as wilderness by subsection (a) that is acquired by the United States
shall--
            (1) become part of the Bisti/De-Na-Zin Wilderness; and
            (2) be managed in accordance with--
                    (A) the Wilderness Act (16 U.S.C. 1131 et seq.);
                    (B) the San Juan Basin Wilderness Protection Act of
                1984 (Public Law 98-603; 98 Stat. 3155; 110 Stat.
                4211);
                    (C) this section; and
                    (D) any other applicable laws.
    (e) Grazing.--Grazing of livestock in the land designated as
wilderness by subsection (a), where established before the date of
enactment of this Act, shall be allowed to continue in accordance
with--
            (1) section 4(d)(4) of the Wilderness Act (16 U.S.C.
        1133(d)(4)); and
            (2) the guidelines set forth in the report of the Committee
        on Interior and Insular Affairs of the House of Representatives
        accompanying H.R. 5487 of the 96th Congress (H. Rept. 96-617).

Summary: San Juan County Settlement Implementation Act of 2016 This bill authorizes the Department of the Interior to retire any coal preference right lease application for which it has made an affirmative commercial quantities determination by: issuing bidding rights in exchange for relinquishment of the application, and making a payment to the relevant state of 50 of the dollar amount of any bidding right subsequently used in lieu of any monetary bonus in a coal lease sale or of rental or royalty under a federal coal lease. Interior shall make such payments from amounts that would otherwise be deposited in the Treasury as miscellaneous receipts under the Mineral Leasing Act. The bill declares such bidding rights fully transferable to any other person. The bill cancels specified land selections made by the Navajo Nation pursuant to the Navajo-Hopi Land Settlement Act of 1974. Subject to specified exclusions, the Navajo Nation may make new land selections to replace those canceled. The bill designates approximately 7,242 acres of land as the Ah-shi-sle-pah Wilderness and incorporates approximately 2,250 acres of specified federal land into the BistiDe-Na-Zin Wilderness.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Closing the Pre-Paid Mobile Device
Security Gap Act of 2016''.

SEC. 2. IDENTIFICATION REQUIREMENT.

    Prior to the completion of any sale of a pre-paid mobile device or
SIM card to a purchaser, an authorized reseller shall require the
purchaser to provide the following information:
            (1) The full name of the purchaser.
            (2) The complete home address of the purchaser.
            (3) The date of birth of the purchaser.

SEC. 3. IDENTIFICATION VERIFICATION.

    (a) In-Person Sales.--An authorized reseller making a sale to a
purchaser in person shall verify the purchaser information provided
under section 2 by requiring the purchaser to display either of the
following:
            (1) A photographic identification card issued by the
        Federal Government or a State government, or a document
        considered acceptable for purposes of subparagraph (B), (C), or
        (D) of section 274A(b)(1) of the Immigration and Nationality
        Act (8 U.S.C. 1324a(b)(1)).
            (2) Any 2 of the following:
                    (A) A Form W-2 Wage and Tax Statement received from
                the Internal Revenue Service, provided that such form
                has been received from the Internal Revenue Service
                within the prior 18 months.
                    (B) A Form 1099 Social Security Benefit Statement
                received from the Social Security Administration,
                provided that such form has been received from the
                Social Security Administration within the prior 18
                months.
                    (C) A Form 1099 received from any other agency of
                the Federal Government other than the Social Security
                Administration, including the Internal Revenue Service,
                provided that such form has been received within the
                prior 18 months.
                    (D) Any document containing personal identifying
                information that the Attorney General finds, by
                regulation, to be acceptable for purposes of this
                section.
    (b) Other Sales.--An authorized reseller making a sale to a
purchaser not in person shall verify the purchaser information provided
under section 2 by requiring the purchaser to submit the following
information:
            (1) Valid credit or debit card account information.
            (2) Social Security number.
            (3) Driver's license number.
            (4) Any other personal identifying information that the
        Attorney General finds, by regulation, to be necessary for
        purposes of this section.

SEC. 4. RECORD MAKING REQUIREMENT.

    Upon completion of a sale of a pre-paid mobile device or SIM card,
an authorized reseller shall make a record of the sale that includes
the following information:
            (1) The information obtained from the purchaser under
        section 2, and, if applicable, the information submitted by the
        purchaser under subsection (b) of section 3.
            (2) The date of sale.
            (3) The manufacturer of the pre-paid mobile device or SIM
        card.
            (4) The wireless carrier that will provide wireless
        communication service to the pre-paid mobile device or SIM
        card.
            (5) Any assigned telephone number or other subscriber or
        account identifier known at the time of purchase.
            (6) Any of the following, if applicable to the pre-paid
        mobile device or SIM card:
                    (A) International mobile equipment identifier
                number.
                    (B) Electronic serial number.
                    (C) Mobile equipment identifier.
                    (D) International mobile subscriber identifier.
                    (E) Machine address code.

SEC. 5. RECORD TRANSMISSION REQUIREMENT.

    (a) In General.--Not later than 30 days after the sale of a pre-
paid mobile device or SIM card, an authorized reseller shall transmit
the record of the sale made in accordance with section 4 to the
wireless carrier that will provide wireless communication service to
the pre-paid mobile device or SIM card.
    (b) Permissible Means of Transmission.--In complying with the
requirements of subsection (a), an authorized reseller may transmit the
sale record to the wireless carrier by means of secure electronic
transmission.

SEC. 6. RECORDKEEPING REQUIREMENT.

    After an authorized reseller has transmitted a sale record to a
wireless carrier in accordance with section 5, the wireless carrier
shall--
            (1) provide a transmission confirmation receipt to the
        authorized reseller, after the receipt of which the authorized
        reseller shall dispose promptly of any retained copy of the
        record; and
            (2) retain the transmitted sale record in accordance with
        the privacy protections of section 222 of the Communications
        Act of 1934 (47 U.S.C. 222) for a period of 18 months or until
        the wireless carrier stops or otherwise discontinues providing
        service to the pre-paid mobile device or SIM card to which the
        sale record relates.

SEC. 7. PENALTIES.

    (a) False or Misleading Statements.--A purchaser who knowingly
provides false or misleading information when providing the identifying
information and documents required under sections 2 and 3 shall be
fined under title 18, United States Code, imprisoned not more than 5
years or, if the offense involves international or domestic terrorism
(as defined in section 2331 of such title), imprisoned not more than 8
years, or both. If the matter relates to an offense under chapter 109A,
109B, 110, or 117, or section 1591 of such title, then the term of
imprisonment imposed under this section shall be not more than 8 years.
    (b) Failure To Comply.--
            (1) In general.--The Attorney General shall assess, against
        an authorized reseller or wireless carrier who commits an
        offense under this Act, a civil penalty of $50 for each such
        offense.
            (2) Separate offense.--
                    (A) By authorized reseller.--The failure of an
                authorized reseller, with respect to each separate sale
                of a pre-paid mobile device or SIM card, to request
                purchaser identification under section 2, to verify
                identification under section 3, to make a record under
                section 4, and to transmit a record under section 5,
                shall constitute a separate offense.
                    (B) By wireless carrier.--The failure of a wireless
                carrier, with respect to each separate sale of a pre-
                paid mobile device or SIM card for which the carrier
                receives the sale record transmitted under section 5,
                to provide a transmission confirmation receipt under
                section 6(1), and to retain the sale record under
                section 6(2), shall constitute a separate offense.
            (3) Rule of construction.--Nothing in this section may be
        construed to--
                    (A) hold a wireless carrier liable for an offense
                under this Act committed by an authorized reseller; and
                    (B) hold an authorized reseller liable for an
                offense under this Act committed by a wireless carrier.

SEC. 8. RELATED OFFENSES.

    (a) Sale by Unauthorized Resellers.--
            (1) In general.--It shall be unlawful for any person who is
        not an authorized reseller to sell a pre-paid mobile device or
        SIM card.
            (2) Penalty.--Whoever knowingly violates paragraph (1)
        shall be imprisoned for not more than 2 years or fined under
        title 18, United States Code, or both.
            (3) Notice.--The Attorney General shall make rules
        requiring a manufacturer or authorized reseller to notify a
        purchaser of a mobile device or SIM card of the offense and
        penalty established by this section.
    (b) Commission of Other Crimes.--If a person knowingly uses a pre-
paid mobile device or SIM card obtained by providing false or
misleading information in violation of section 2 or 3 to commit a
Federal criminal offense, the minimum term of imprisonment for such
offense that is required under Federal statute (if any such minimum
term is so required) shall be increased by 1 year.

SEC. 9. PRESERVATION OF STATE LAW.

    Nothing in this Act is intended to preempt additional State
requirements with respect to the distribution and sale of mobile
devices or SIM cards, or to otherwise prevent or prohibit any State
from enacting any such requirements.

SEC. 10. DEFINITIONS.

    In this Act:
            (1) Authorized reseller.--The term ``authorized reseller''
        means any person authorized by--
                    (A) a manufacturer to sell the manufacturer's
                mobile devices or SIM cards; or
                    (B) a wireless carrier to sell pre-paid mobile
                devices or SIM cards to which the wireless carrier will
                provide wireless communication service.
            (2) Pre-paid mobile device.--The term ``pre-paid mobile
        device'' means any cellular phone or similar wireless
        communication device for which the mobile device user purchases
        a set allotment of wireless communication service.
            (3) SIM card.--The term ``SIM card'' means a subscriber
        identity module or functionally equivalent data storage device.
            (4) Wireless carrier.--The term ``wireless carrier'' means
        a provider of wireless communication service.
            (5) Wireless communication service.--The term ``wireless
        communication service'' means commercial mobile service (as
        defined in section 332 of the Communications Act of 1934 (47
        U.S.C. 332)) or commercial mobile data service (as defined in
        section 6001 of the Middle Class Tax Relief and Job Creation
        Act of 2012 (47 U.S.C. 1401)).

Summary: Closing the Pre-Paid Mobile Device Security Gap Act of 2016 This bill requires authorized resellers of pre-paid mobile devices or SIM cards to require purchasers to provide their name, home address, and date of birth. For in-person sales, an authorized reseller must require purchasers to display for verification: (1) a government-issued photographic identification card or a document acceptable under the Immigration and Nationality Act for employment authorization or establishing identity. And (2) any two of a Form W-2 Wage and Tax Statement from the Internal Revenue Service, a Form 1099 Social Security Benefit Statement or a Form 1099 from another federal agency, or a document containing personal identifying information that the Department of Justice (DOJ) finds to be acceptable. For all other sales, an authorized reseller must require purchasers to submit their: (1) credit or debit card account information, (2) Social Security number, (3) driver's license number, and (4) any personal identifying information that DOJ finds to be necessary. Authorized resellers must make a record of their sales that includes: (1) the information obtained from purchasers to verify their identity, (2) the date of sale. (3) the manufacturer and the wireless carrier of the device or SIM card. (4) any assigned telephone number or other identifier of the subscriber or account. And (5) if applicable, the international mobile equipment identifier number, electronic serial number, mobile equipment identifier, international mobile subscriber identifier, and machine address code. Within 30 days after a sale, an authorized reseller must transmit such record to the wireless carrier for the device or SIM card. Purchasers are subject to criminal penalties for providing false or misleading identifying information or documents. A civil penalty is established for authorized resellers or wireless carriers who fail to comply with this Act. The bill also prohibits and establishes criminal penalties for the sale of a pre-paid mobile device or SIM card by a person who is not an authorized reseller.


SECTION 1. LIMITED AUTHORITY FOR DEPARTMENT OF DEFENSE PERSONNEL WHO
              ARE FACULTY MEMBERS AT DEPARTMENT OF DEFENSE SCHOOLS OR
              OTHER ACADEMIES TO SECURE COPYRIGHTS FOR CERTAIN
              SCHOLARLY WORKS.

    (a) Authority.--(1) Chapter 53 of title 10, United States Code, is
amended by inserting after section 1033 the following new section:
``Sec. 1033a. Faculty of service academies and Department of Defense
              professional schools: limited authority to secure
              copyrights for certain works
    ``(a) Authority.--Subject to regulations prescribed under
subsection (f), a person who is a member of the Army, Navy, Air Force,
or Marine Corps, or a civilian employee of the Department of Defense,
and is a faculty member of an institution described in subsection (e)
may, notwithstanding section 105 or 201(b) of title 17, secure
copyright protection under title 17 for a qualifying work, but only for
the purposes of submitting such work for publication in a scholarly
journal, publication, or other edited work for which such a copyright
is a requirement for consideration for publication or otherwise as may
be prescribed under regulations under this section.
    ``(b) Qualifying Works.--A work is a qualifying work for purposes
of this section if the work--
            ``(1) is prepared as part of a person's official duties;
        and
            ``(2) meets such criteria as the Secretary of Defense may
        prescribe by regulation as a scholarly work for which copyright
        protection as provided in subsection (a) is warranted.
    ``(c) Transfer of Copyright.--Upon acceptance for publication of a
work for which copyright protection exists by reason of subsection (a),
the person holding the copyright shall transfer the copyright to the
owner or publisher of the medium in which the work will be published.
    ``(d) Royalties, Etc.--No royalties or other compensation may be
accepted by a person described in subsection (a) by reason of copyright
protection that exists by reason of subsection (a).
    ``(e) Covered Institutions.--The institutions referred to in
subsection (a) are the following:
            ``(1) The United States Military Academy, United States
        Naval Academy, and United States Air Force Academy.
            ``(2) The National Defense University.
            ``(3) Any war college of the armed forces.
            ``(4) Any graduate-level college or university of the
        Department of Defense.
            ``(5) The Coast Guard Academy.
            ``(6) The United States Merchant Marine Academy.
    ``(f) Regulations.--The Secretary of Defense shall prescribe
regulations for the purposes of this section. Such regulations shall
include provisions specifying the types of works for which copyright
protection may be secured by a person described in subsection (a).''.
    (2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 1033 the
following new item:

``1033a. Faculty of service academies and Department of Defense
                            professional schools: limited authority to
                            secure copyrights for certain works.''.
    (b) Effective Date.--Section 1033a of title 10, United States Code,
as added by subsection (a), shall apply only with respect to works
that, as determined under regulations prescribed under that section,
are produced after the date of the enactment of this Act.
    (c) Deadline for Regulations.--The Secretary of Defense shall
prescribe regulations under subsection (f) of section 1033a of title
10, United States Code, as added by subsection (a), not later than 180
days after the date of the enactment of this Act.

SEC. 2. LIMITED AUTHORITY FOR FACULTY MEMBERS AT COAST GUARD ACADEMY TO
              SECURE COPYRIGHTS FOR CERTAIN SCHOLARLY WORKS.

    (a) Authority.--(1) Chapter 9 of title 14, United States Code, is
amended by inserting after section 196 the following new section:
``Sec. 197. Limited authority for faculty members to secure copyrights
              for certain works
    ``(a) Authority.--Subject to regulations prescribed under
subsection (f), a person who is a member of the Coast Guard, or a
civilian employee of the Coast Guard, and is a faculty member of an
institution described in subsection (e) may, notwithstanding section
105 or 201(b) of title 17, secure copyright protection under title 17
for a qualifying work, but only for the purposes of submitting such
work for publication in a scholarly journal, publication, or other
edited work for which such a copyright is a requirement for
consideration for publication or otherwise as may be prescribed under
regulations under this section.
    ``(b) Qualifying Works.--A work is a qualifying work for purposes
of this section if the work--
            ``(1) is prepared as part of a person's official duties;
        and
            ``(2) meets such criteria as the Secretary may prescribe by
        regulation as a scholarly work for which copyright protection
        as provided in subsection (a) is warranted.
    ``(c) Transfer of Copyright.--Upon acceptance for publication of a
work for which copyright protection exists by reason of subsection (a),
the person holding the copyright shall transfer the copyright to the
owner or publisher of the medium in which the work will be published.
    ``(d) Royalties, Etc.--No royalties or other compensation may be
accepted by a person described in subsection (a) by reason of copyright
protection that exists by reason of subsection (a).
    ``(e) Covered Institutions.--The institutions referred to in
subsection (a) are the following:
            ``(1) The Coast Guard Academy.
            ``(2) The United States Merchant Marine Academy.
            ``(3) The United States Military Academy, United States
        Naval Academy, and United States Air Force Academy.
            ``(4) The National Defense University.
            ``(5) Any war college of the armed forces.
            ``(6) Any graduate-level college or university of the
        Department of Defense.
    ``(f) Regulations.--The Secretary shall prescribe regulations for
the purposes of this section. Such regulations shall include provisions
specifying the types of works for which copyright protection may be
secured by a person described in subsection (a).''.
    (2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 196 the
following new item:

``197. Limited authority for faculty members to secure copyrights for
                            certain works.''.
    (b) Effective Date.--Section 197 of title 14, United States Code,
as added by subsection (a), shall apply only with respect to works
that, as determined under regulations prescribed under that section,
are produced after the date of the enactment of this Act.
    (c) Deadline for Regulations.--The Secretary of the department in
which the Coast Guard is operating shall prescribe regulations under
subsection (f) of section 197 of title 14, United States Code, as added
by subsection (a), not later than 180 days after the date of the
enactment of this Act.

SEC. 3. LIMITED AUTHORITY FOR FACULTY MEMBERS AT UNITED STATES MERCHANT
              MARINE ACADEMY TO SECURE COPYRIGHTS FOR CERTAIN WORKS.

    (a) Authority.-- Title XIII of the Merchant Marine Act, 1936 (46
App. U.S.C. 1295 et seq.) is amended by adding at the end the following
new section:

``SEC. 1308. LIMITED AUTHORITY FOR FACULTY MEMBERS TO SECURE COPYRIGHTS
              FOR CERTAIN WORKS.

    ``(a) Authority.--Subject to regulations prescribed under
subsection (f), a person who is an employee of the Department of
Transportation and is a faculty member of an institution described in
subsection (e) may, notwithstanding section 105 or 201(b) of title 17,
secure copyright protection under title 17 for a qualifying work, but
only for the purposes of submitting such work for publication in a
scholarly journal, publication, or other edited work for which such a
copyright is a requirement for consideration for publication or
otherwise as may be prescribed under regulations under this section.
    ``(b) Qualifying Works.--A work is a qualifying work for purposes
of this section if the work--
            ``(1) is prepared as part of a person's official duties;
        and
            ``(2) meets such criteria as the Secretary of
        Transportation may prescribe by regulation as a scholarly work
        for which copyright protection as provided in subsection (a) is
        warranted.
    ``(c) Transfer of Copyright.--Upon acceptance for publication of a
work for which copyright protection exists by reason of subsection (a),
the person holding the copyright shall transfer the copyright to the
owner or publisher of the medium in which the work will be published.
    ``(d) Royalties, Etc.--No royalties or other compensation may be
accepted by a person described in subsection (a) by reason of copyright
protection that exists by reason of subsection (a).
    ``(e) Covered Institutions.--The institutions referred to in
subsection (a) are the following:
            ``(1) The United States Merchant Marine Academy.
            ``(2) The Coast Guard Academy.
            ``(3) The United States Military Academy, United States
        Naval Academy, and United States Air Force Academy.
            ``(4) The National Defense University.
            ``(5) Any war college of the armed forces.
            ``(6) Any graduate-level college or university of the
        Department of Defense.
    ``(f) Regulations.--The Secretary of Transportation shall prescribe
regulations for the purposes of this section. Such regulations shall
include provisions specifying the types of works for which copyright
protection may be secured by a person described in subsection (a).''.
    (b) Effective Date.--Section 1308 of Merchant Marine Act, 1936, as
added by subsection (a), shall apply only with respect to works that,
as determined under regulations prescribed under that section, are
produced after the date of the enactment of this Act.
    (c) Deadline for Regulations.--The Secretary of Transportation
shall prescribe regulations under section 1308 of Merchant Marine Act,
1936, as added by subsection (a), not later than 180 days after the
date of the enactment of this Act.

Summary: Authorizes a faculty member of a military service academy or Department of Defense professional school to secure Federal copyright protection for a scholarly work prepared as part of that person's official duties, but only for purposes of submitting such work for publication in a scholarly journal, publication, or other edited work for which such a copyright is required. Requires the faculty member to transfer such copyright to the owner or publisher of the medium for which the work will be published. Prohibits the acceptance of royalties or other compensation by reason of such copyright protection.

To amend title 10, United States Code, to allow faculty members at Department of Defense service academies and schools of professional military education to secure copyrights for certain scholarly works that they produce as part of their official duties in order to submit such works for publication, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Student Aid Streamlined Disclosure
Act of 2003''.

SEC. 2. DISCLOSURE OF TAX RETURN INFORMATION FOR STUDENT AID PURPOSES.

    (a) In General.--Subsection (l) of section 6103 of the Internal
Revenue Code of 1986 (relating to disclosure of returns and return
information for purposes other than tax administration) is amended to
read as follows:
            ``(13) Disclosure of return information for student
        financial assistance purposes.--
                    ``(A) Full disclosure to department of education.--
                The Secretary may, with respect to a person described
                in subparagraph (F)(i) and upon written request from
                the Secretary of Education, disclose to the officers
                and employees of the Department of Education for the
                purposes described in subparagraph (E)--
                            ``(i) taxpayer identity information, and
                            ``(ii) the following items in the case of a
                        material discrepancy between the information
                        reported, directly or indirectly, to officers,
                        employees, and contractors of the Department of
                        Education and the following items:
                                    ``(I) The filing status of that
                                taxpayer.
                                    ``(II) The adjusted gross income of
                                that taxpayer.
                                    ``(III) The total earnings from
                                employment (including net earnings from
                                self-employment) of that taxpayer.
                                    ``(IV) The Federal income tax
                                liability of that taxpayer.
                                    ``(V) The type of tax return filed
                                by that taxpayer.
                    ``(B) Redisclosure to contractors.--Officers and
                employees of the Department of Education may disclose
                to contractors whether a material discrepancy between
                items reported, directly or indirectly, to an officer,
                employee, or contractor of the Department of Education
                and any of the items described in subparagraph (A)(ii)
                would result in an over or under award of grants or
                loans under title IV of the Higher Education Act of
                1965.
                    ``(C) Fact of discrepancy redisclosure of
                information.--
                            ``(i) In general.--Subject to subparagraphs
                        (D) and (E), officers, employees, and
                        contractors of the Department of Education may,
                        with respect to an application for assistance
                        under title IV of the Higher Education Act of
                        1965, disclose to persons described in clauses
                        (ii) and (iii)--
                                    ``(I) the fact of a material
                                discrepancy between items reported,
                                directly or indirectly, to such
                                officers, employees, or contractors and
                                any of the items described in
                                subparagraph (A)(ii), and
                                    ``(II) whether such items as shown
                                on the return are greater than or less
                                than such items as reported to the
                                Department of Education.
                            ``(ii) Applicant.--The person described in
                        this clause is the applicant described in
                        subclause (I) or (II) of subparagraph (F)(i).
                            ``(iii) Other persons.--The persons
                        described in this clause are--
                                    ``(I) individuals whose information
                                is discrepant,
                                    ``(II) officers and employees of
                                institutions of higher education (as
                                defined in section 102 of the Higher
                                Education Act of 1965) that administer,
                                or assist the Secretary of Education in
                                administering, a grant, loan, benefit,
                                or work assistance program under title
                                IV of such Act,
                                    ``(III) officers and employees of
                                State agencies that administer a grant
                                or work assistance program under
                                subpart 4 of part A of title IV of such
                                Act, and
                                    ``(IV) auditors engaged to perform
                                audits or reviews required under
                                section 487(c) of such Act,
                    ``(D) Limitation on full redisclosures relating to
                material discrepancies.--Information specific to an
                individual which is disclosed by the Secretary under
                subparagraph (A) may only be redisclosed to the
                individual whose information is discrepant and to the
                Department of Justice for purposes relating to the
                collection of overpayments of grants or loans provided
                under title IV of the Higher Education Act of 1965,
                including by means of litigation.
                    ``(E) Restriction on use of disclosed
                information.--
                            ``(i) In general.--Information may be
                        disclosed under subparagraphs (A) through (C)
                        only for the purpose of, and to the extent
                        necessary to--
                                    ``(I) verify the information
                                reported by a person described in
                                subparagraph (F)(i) in connection with
                                any application for grant, loan,
                                benefit or work assistance under title
                                IV of the Higher Education Act of 1965,
                                    ``(II) determine income contingent
                                repayment amounts and schedules on an
                                applicable student loan,
                                    ``(III) collect overpayments of
                                grants or loans provided under title IV
                                of such Act, including by means of
                                litigation in the case of the
                                Department of Justice, or
                                    ``(IV) audit title IV student
                                assistance programs, as required under
                                section 487(c) of such Act.
                            ``(ii) Information limited to tax years
                        required.--Information disclosed under this
                        paragraph shall be limited to the tax years
                        required, in accordance with such Act and
                        implementing regulations, to carry out the
                        purposes described in this paragraph.
                    ``(F) Definitions and special rules.--For purposes
                of this paragraph--
                            ``(i) Person described.--A person is
                        described in this clause if the person--
                                    ``(I) has applied for grant, loan,
                                benefit, or work assistance under title
                                IV of the Higher Education Act of 1965,
                                    ``(II) is seeking income contingent
                                repayment on an applicable student
                                loan,
                                    ``(III) in the case of an
                                individual who is a dependent student
                                and who has applied for the assistance
                                described in subclauses (I) and (II),
                                is the parent (as defined for purposes
                                of title IV of such Act) of such
                                individual, or
                                    ``(IV) in the case of an individual
                                who is an independent student and who
                                has applied for the assistance
                                described in subclauses (I) and (II),
                                is the spouse of such individual.
                            ``(ii) Material discrepancy.--The term
                        `material discrepancy' means, with respect to
                        similar items in 2 sets of information--
                                    ``(I) a difference between such
                                sets of not less than the greater of
                                $100 or one percent of the item shown
                                on the return in the case of items
                                described in subclause (II), (III), or
                                (IV) of subparagraph (A)(ii), and
                                    ``(II) any difference between such
                                sets of information in the case of
                                items described in subclause (I) or (V)
                                of subparagraph (A)(ii).
                            ``(iii) Applicable student loan.--The term
                        `applicable student loan' means--
                                    ``(I) any loan made under the
                                program authorized under part D of
                                title IV of such Act, and
                                    ``(II) any loan made under part B
                                or E of title IV of such Act that is in
                                default and has been assigned to the
                                Department of Education.
                            ``(iv) Exclusive authority.--For purposes
                        of subsection (a), subsection (c) shall not be
                        construed to be an authorization for any
                        disclosure covered by this paragraph.
                            ``(v) Funding.--Information may be
                        disclosed under this paragraph only if there is
                        in effect an agreement between the Secretary
                        and the Secretary of Education under which the
                        Secretary of Education makes periodic payments
                        to the Secretary--
                                    ``(I) to reimburse the Secretary
                                for costs incurred in carrying out this
                                paragraph, and
                                    ``(II) to cover the cost to the
                                Secretary of monitoring compliance with
                                this section by the Secretary of
                                Education in carrying out this
                                paragraph.
                            ``(vi) References to higher education act
                        of 1965.--For purposes of this paragraph,
                        references to the Higher Education Act of 1965
                        shall be treated as references to the Higher
                        Education Act of 1965 as in effect on the date
                        of the enactment of this paragraph.
                    ``(G) Termination.--This paragraph shall not apply
                to requests for disclosures made after September 30,
                2008.''.
    (b) Conforming and Other Amendments.--
            (1) Section 6103(a)(3) of such Code is amended by striking
        ``paragraph (6), (12), or (16) of subsection (l),'' and
        inserting ``paragraph (6), (12), (13), or (16) of subsection
        (l),''.
            (2) Section 6103(p) of such Code is amended--
                    (A) in paragraph (3)(A) by striking ``(13)''; and
                    (B) in paragraph (4) by striking ``paragraph
                (6)(A), (12)(B), or (16) of subsection (l)'' in the
                flush language at the end and inserting ``paragraph
                (6)(A), (12)(B), (13), or (16) of subsection (l)''.
            (3) Section 7213(a)(2) of such Code is amended by inserting
        ``(13),'' after ``(12),''.
    (c) Effective Date.--The amendments made by this section shall
apply to requests for disclosures made after the date of the enactment
of this Act.

Summary: Student Aid Streamlined Disclosure Act of 2003 - Amends the Internal Revenue Code to authorize, through September 30, 2008, the disclosure of certain tax return information to the Department of Education with respect to students seeking federal student aid.

To amend the Internal Revenue Code of 1986 to provide for the disclosure of return information for student financial assistance purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Save Our Students Act''.

SEC. 2. NATIONAL GUARD SUPPORT FOR STATE AND LOCAL EFFORTS TO KEEP
              SCHOOLS SAFE FROM VIOLENCE.

    (a) In General.--Chapter 1 of title 32, United States Code, is
amended by inserting after section 112 the following new section:
``Sec. 112a. Support for State and local efforts to keep schools safe
              from violence
    ``(a) Funding Assistance.--The Secretary of Defense may provide
funds to the Governor of a State who submits to the Secretary a plan
for the National Guard to supplement State and local efforts to keep
schools safe from violence that satisfies the requirements of
subsection (c). Such funds shall be used for the following:
            ``(1) The pay, allowances, clothing, subsistence,
        gratuities, travel, and related expenses, as authorized by
        State law, of personnel of the National Guard of that State
        used, while not in Federal service, for the purpose of
        supplementing State and local efforts to keep schools safe from
        violence.
            ``(2) The operation and maintenance of the equipment and
        facilities of the National Guard of that State used for the
        purpose of supplementing State and local efforts to keep
        schools safe from violence.
            ``(3) The procurement of services and equipment, and the
        leasing of equipment, for the National Guard of that State used
        for the purpose of supplementing State and local efforts to
        keep schools safe from violence. However, the use of such funds
        for the procurement of equipment may not exceed $5,000 per
        item, unless approval for procurement of equipment in excess of
        that amount is granted in advance by the Secretary of Defense.
    ``(b) Use of Personnel Performing Full-Time National Guard Duty.--
(1) Under regulations prescribed by the Secretary of Defense, personnel
of the National Guard of a State may, in accordance with the plan
referred to in subsection (c) with respect to the State concerned, be
ordered to perform full-time National Guard duty under section 502(f)
of this title for the purpose of supplementing State and local efforts
to keep schools safe from violence.
    ``(2)(A) A member of the National Guard serving on full-time
National Guard duty under orders authorized under paragraph (1) shall
participate in the training required under section 502(a) of this title
in addition to the duty performed for the purpose authorized under that
paragraph. The pay, allowances, and other benefits of the member while
participating in the training shall be the same as those to which the
member is entitled while performing duty for the purpose of
supplementing State and local efforts to keep schools safe from
violence. The member is not entitled to additional pay, allowances, or
other benefits for participation in training required under section
502(a)(1) of this title.
    ``(B) To ensure that the use of units and personnel of the National
Guard of a State pursuant to a plan referred to in subsection (c) does
not degrade the training and readiness of such units and personnel, the
following requirements shall apply in determining the activities
supplementing State and local efforts to keep schools safe from
violence that units and personnel of the National Guard of a State may
perform:
            ``(i) The performance of the activities may not adversely
        affect the quality of that training or otherwise interfere with
        the ability of a member or unit of the National Guard to
        perform the military functions of the member or unit.
            ``(ii) National Guard personnel will not degrade their
        military skills as a result of performing the activities.
            ``(iii) The performance of the activities will not result
        in a significant increase in the cost of training.
            ``(iv) In the case of activities supplementing State and
        local efforts to keep schools safe from violence that are
        performed by a unit organized to serve as a unit, the
        activities will support valid unit training requirements.
    ``(3) A unit or member of the National Guard of a State may be
used, pursuant to a plan referred to in subsection (c) that is approved
by the Secretary of Defense under this section, to provide services or
other assistance (other than air transportation) to an organization
eligible to receive services under section 508 of this title if--
            ``(A) the plan specifically recognizes the organization as
        being eligible to receive the services or assistance;
            ``(B) in the case of services, the performance of the
        services meets the requirements of paragraphs (1) and (2) of
        subsection (a) of section 508 of this title; and
            ``(C) the services or assistance is authorized under
        subsection (b) or (c) of such section or in the plan.
    ``(c) Plan Requirements.--A plan to supplement State and local
efforts to keep schools safe from violence under this subsection
shall--
            ``(1) specify how personnel of the National Guard of that
        State are to be used in supplementing State and local efforts
        to keep schools safe from violence;
            ``(2) certify that those operations are to be conducted at
        a time when the personnel involved are not in Federal service;
            ``(3) certify that participation by National Guard
        personnel in those operations is service in addition to
        training required under section 502 of this title;
            ``(4) certify that any engineer-type activities (as defined
        by the Secretary of Defense) under the plan will be performed
        only by units and members of the National Guard;
            ``(5) include a certification by the Attorney General of
        the State (or, in the case of a State with no position of
        Attorney General, a civilian official of the State equivalent
        to a State attorney general) that the use of the National Guard
        of the State for the activities proposed under the plan is
        authorized by, and is consistent with, State law; and
            ``(6) certify that the Governor of the State or a civilian
        law enforcement official of the State designated by the
        Governor has determined that any activities included in the
        plan that are carried out in conjunction with Federal law
        enforcement agencies serve a State law enforcement purpose.
    ``(d) Examination of Plan.--(1) Before funds are provided to the
Governor of a State under this section and before members of the
National Guard of that State are ordered to full-time National Guard
duty as authorized in subsection (b), the Secretary of Defense shall
examine the adequacy of the plan submitted by the Governor under
subsection (c).
    ``(2) Except as provided in paragraph (3), the Secretary of Defense
shall carry out paragraph (1) in consultation with the Secretary of
Education.
    ``(3) Paragraph (2) shall not apply if--
            ``(A) the Governor of a State submits a plan under
        subsection (c) that is substantially the same as a plan
        submitted for that State for a previous fiscal year; and
            ``(B) pursuant to the plan submitted for a previous fiscal
        year, funds were provided to the State in accordance with
        subsection (a) or personnel of the National Guard of the State
        were ordered to perform full-time National Guard duty in
        accordance with subsection (b).
    ``(e) End Strength Limitation.--(1) Except as provided in paragraph
(2), at the end of a fiscal year there may not be more than 4,000
members of the National Guard--
            ``(A) on full-time National Guard duty under section 502(f)
        of this title to perform activities supplementing State and
        local efforts to keep schools safe from violence pursuant to an
        order to duty; or
            ``(B) on duty under State authority to activities
        supplementing State and local efforts to keep schools safe from
        violence pursuant to an order to duty with State pay and
        allowances being reimbursed with funds provided under
        subsection (a)(1).
    ``(2) The Secretary of Defense may increase the end strength
authorized under paragraph (1) by not more than 20 percent for any
fiscal year if the Secretary determines that such an increase is
necessary in the national security interests of the United States.
    ``(f) Annual Report.--The Secretary of Defense shall submit to
Congress on an annual basis a report regarding the assistance provided
and activities carried out under this section during the preceding
fiscal year. Each report shall include the following:
            ``(1) The number of members of the National Guard excluded
        under subsection (e)(1) from the computation of end strengths.
            ``(2) A description of the activities to supplement State
        and local efforts to keep schools safe from violence that were
        conducted under plans referred to in subsection (c) with funds
        provided under this section.
            ``(3) An accounting of the amount of funds provided to each
        State.
            ``(4) A description of the effect on military training and
        readiness of using units and personnel of the National Guard to
        perform activities under the plans to supplement State and
        local efforts to keep schools safe from violence.
    ``(g) Statutory Construction.--Nothing in this section shall be
construed as a limitation on the authority of any unit of the National
Guard of a State, when such unit is not in Federal service, to perform
law enforcement functions authorized to be performed by the National
Guard by the laws of the State concerned.
    ``(h) Definitions.--In this section:
            ``(1) The term `Governor of a State' means, in the case of
        the District of Columbia, the Commanding General of the
        National Guard of the District of Columbia.
            ``(2) The term `State' means each of the several States,
        the District of Columbia, the Commonwealth of Puerto Rico, or a
        territory or possession of the United States.''.
    (b)  Clerical Amendment.--The table of sections at the beginning of
chapter 1 of such title is amended by inserting after the item relating
to section 112 the following new item:

``112a. Support for State and local efforts to keep schools safe from
                            violence.''.

Summary: Save Our Students Act - Authorizes the Secretary of Defense (DOD) to provide funds to states submitting specified plans for the National Guard to supplement state and local efforts to keep schools safe from violence.

A bill to amend title 32, United States Code, to authorize National Guard support for State and local efforts to keep schools safe from violence, and for other purposes.