[Congressional Record Volume 161, Number 23 (Wednesday, February 11, 2015)]
[Senate]
[Pages S927-S945]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
______
By Mr. DURBIN (for himself, Mr. Blumenthal, Mr. Reed, and Mr.
Brown):
S. 450. A bill to amend the Internal Revenue Code of 1986 to provide
tax rate parity among all tobacco products, and for other purposes; to
the Committee on Finance.
Mr. DURBIN. Mr. President, I ask unanimous consent that the text of
the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 450
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tobacco Tax Equity Act of
2015''.
SEC. 2. ESTABLISHING EXCISE TAX EQUITY AMONG ALL TOBACCO
PRODUCT TAX RATES.
(a) Tax Parity for Pipe Tobacco and Roll-Your-Own
Tobacco.--Section 5701(f) of the Internal Revenue Code of
1986 is amended by striking ``$2.8311 cents'' and inserting
``$24.78''.
(b) Tax Parity for Smokeless Tobacco.--
(1) Section 5701(e) of the Internal Revenue Code of 1986 is
amended--
(A) in paragraph (1), by striking ``$1.51'' and inserting
``$13.42'';
(B) in paragraph (2), by striking ``50.33 cents'' and
inserting ``$5.37''; and
[[Page S928]]
(C) by adding at the end the following:
``(3) Smokeless tobacco sold in discrete single-use
units.--On discrete single-use units, $50.33 per thousand.''.
(2) Section 5702(m) of such Code is amended--
(A) in paragraph (1), by striking ``or chewing tobacco''
and inserting ``, chewing tobacco, or discrete single-use
unit'';
(B) in paragraphs (2) and (3), by inserting ``that is not a
discrete single-use unit'' before the period in each such
paragraph;
(C) by adding at the end the following:
``(4) Discrete single-use unit.--The term `discrete single-
use unit' means any product containing tobacco that--
``(A) is not intended to be smoked; and
``(B) is in the form of a lozenge, tablet, pill, pouch,
dissolvable strip, or other discrete single-use or single-
dose unit.''.
(c) Tax Parity for Large Cigars.--
(1) In general.--Paragraph (2) of section 5701(a) of the
Internal Revenue Code of 1986 is amended by striking ``52.75
percent'' and all that follows through the period and
inserting the following: ``$24.78 per pound and a
proportionate tax at the like rate on all fractional parts of
a pound but not less than 5.033 cents per cigar.''.
(2) Guidance.--The Secretary may issue guidance regarding
the appropriate method for determining the weight of large
cigars for purposes of calculating the applicable tax under
section 5701(a)(2) of the Internal Revenue Code of 1986.
(d) Tax Parity for Roll-your-own Tobacco and Certain
Processed Tobacco.--Subsection (o) of section 5702 of the
Internal Revenue Code of 1986 is amended by inserting ``, and
includes processed tobacco that is removed for delivery or
delivered to a person other than a person with a permit
provided under section 5713, but does not include removals of
processed tobacco for exportation'' after ``wrappers
thereof''.
(e) Clarifying Tax Rate for Other Tobacco Products.--
(1) In general.--Section 5701 of the Internal Revenue Code
of 1986 is amended by adding at the end the following new
subsection:
``(i) Other Tobacco Products.--Any product not otherwise
described under this section that has been determined to be a
tobacco product by the Food and Drug Administration through
its authorities under the Family Smoking Prevention and
Tobacco Control Act shall be taxed at a level of tax
equivalent to the tax rate for cigarettes on an estimated per
use basis as determined by the Secretary.''.
(2) Establishing per use basis.--For purposes of section
5701(i) of the Internal Revenue Code of 1986, not later than
12 months after the date that a product has been determined
to be a tobacco product by the Food and Drug Administration,
the Secretary of the Treasury (or the Secretary of the
Treasury's delegate) shall issue final regulations
establishing the level of tax for such product that is
equivalent to the tax rate for cigarettes on an estimated per
use basis.
(f) Clarifying Definition of Tobacco Products.--
(1) In general.--Subsection (c) of section 5702 of the
Internal Revenue Code of 1986 is amended to read as follows:
``(c) Tobacco Products.--The term `tobacco products'
means--
``(1) cigars, cigarettes, smokeless tobacco, pipe tobacco,
and roll-your-own tobacco, and
``(2) any other product subject to tax pursuant to section
5701(i).''.
(2) Conforming amendments.--Subsection (d) of section 5702
of such Code is amended by striking ``cigars, cigarettes,
smokeless tobacco, pipe tobacco, or roll-your-own tobacco''
each place it appears and inserting ``tobacco products''.
(g) Tax Rates Adjusted for Inflation.--Section 5701 of such
Code is amended by adding at the end the following new
subsection:
``(i) Inflation Adjustment.--
``(1) In general.--In the case of any calendar year
beginning after 2015, the dollar amounts provided under this
chapter shall each be increased by an amount equal to--
``(A) such dollar amount, multiplied by
``(B) the cost-of-living adjustment determined under
section 1(f)(3) for the calendar year, determined by
substituting `calendar year 2014' for `calendar year 1992' in
subparagraph (B) thereof.
``(2) Rounding.--If any amount as adjusted under paragraph
(1) is not a multiple of $0.01, such amount shall be rounded
to the next highest multiple of $0.01.''.
(h) Effective Dates.--
(1) In general.--Except as provided in paragraphs (2)
through (4), the amendments made by this section shall apply
to articles removed (as defined in section 5702(j) of the
Internal Revenue Code of 1986) after the last day of the
month which includes the date of the enactment of this Act.
(2) Discrete single-use units and processed tobacco.--The
amendments made by subsections (b)(1)(C), (b)(2), and (d)
shall apply to articles removed (as defined in section
5702(j) of the Internal Revenue Code of 1986) after the date
that is 6 months after the date of the enactment of this Act.
(3) Large cigars.--The amendments made by subsection (c)
shall apply to articles removed after December 31, 2015.
(4) Other tobacco products.--The amendments made by
subsection (e)(1) shall apply to products removed after the
last day of the month which includes the date that the
Secretary of the Treasury (or the Secretary of the Treasury's
delegate) issues final regulations establishing the level of
tax for such product.
______
By Mr. INHOFE (for himself, Mr. Portman, Mr. Hatch, Mr. Roberts,
Mr. Rubio, Mr. Wicker, Mr. McConnell, Mr. Sessions, Mr. Cotton,
Mr. Boozman, Mr. Tillis, Mr. Thune, Mr. Cruz, Mr. Vitter, Mrs.
Capito, Mr. Rounds, and Mr. Cornyn):
S. 452. A bill to provide lethal weapons to the Government of Ukraine
in order to defend itself against Russian-backed rebel separatists in
eastern Ukraine; to the Committee on Foreign Relations.
Mr. INHOFE. Mr. President, I am introducing a bill today because
there is something going on that people are not as aware of as they
should be.
We don't have a better friend than King Abdullah in Jordan. I have
been pleased to get to know him as a personal friend as well as a
friend of America. I was over there with him last October. We were on
the Syrian border looking at all the things that are going on right now
with ISIL and ISIS, and it has been a real tragedy.
Last week King Abdullah was in the United States for the National
Prayer Breakfast. While he was here, there were several of us who were
with him when he got the news that his friend and relative, an F-16
pilot, had been caged, soaked with gasoline, and burned alive.
America and the whole world saw what happened and asked: What kind of
monsters are these people who are doing this over there? They are
beheading children and pregnant women and burning people alive. Yet
this is going on. People have to understand this.
They do understand it in terms of ISIS. But what I want to share with
you, and introduce legislation to correct, is that it is not just
happening there, it is also happening in Ukraine right now.
I happened to be in Ukraine in late October of this year. I went over
there because they were having their parliamentary elections at the
time. Ukraine has been such a good friend to us--not just Poroshenko,
but the rest of the administration that went through the parliamentary
election has also been a friend.
Let's keep in mind that the Presidential elections were way back in
May. This last election was the parliamentary election, and we were
there to see what was happening in the Ukraine.
In the Ukraine they have a constitutional requirement that you cannot
have a seat in Parliament unless you have 5 percent of the vote. This
is the first time, after the vote when we were there in October, that
they had a parliamentary election and not one Communist got a seat in
Parliament. This is the first time in 96 years that not one Communist
has a seat in the Parliament.
As bad as things are with ISIS, I suggest that what is going on--and
I only preface what I am saying so I can demonstrate what a good friend
Poroshenko and the leadership of the Ukraine is to the United States.
We have the Russians in there with the separatists doing horrible
things--things that are just as bad as what is taking place in Syria
with ISIS and in other places.
To demonstrate this--it is not a very fun thing to look at, but you
have to understand what is happening. These are T-72 tanks. Putin keeps
saying: We don't have any Russians in there with the separatists. It is
not us. We are not doing it.
Well, here they are. These are the pictures we brought back with us.
All those tanks are lined up within Ukraine, and that is clearly what
they are.
If you want to see how brutal Putin and everyone else is--it is not
something anyone enjoys looking at, but you have to know this is going
on. The tragedies that are taking place in Syria and in other parts of
the world are also taking place in Ukraine.
This is a picture of the murders and torture that have been taking
place there. These people have been disembodied, their heads cut off.
These are Ukrainian citizens. They are legal citizens. They are the
ones whom Putin and the rest of them are fighting. For that reason, I
have introduced legislation to require that the United States offer the
weaponry.
By the way, I was making a presentation about this issue and Senator
[[Page S929]]
McCain was there. He said: If you look at all of those tanks, they
don't have one piece of equipment that could offer a defense against
those tanks. What have we been giving them? We have been giving them
MREs and blankets.
When Poroshenko was here in the United States, he made a speech to
both Houses. He said that ``one can't win the war with blankets. . . .
Even more, we cannot keep the peace with a blanket.'' In other words,
we have to share the very best defensive weapons or weapons that can be
used offensively with them. They cannot be left naked there when facing
this kind of abuse. We know that shortly after the heavily armed
Russian soldiers invaded and took control of the Crimean region in
February of 2014, the Ukrainian Government and its people faced and
sustained a deadly force from heavily armed rebel separatists who were
equipped, trained, and supported by the Russian Federation. We have
seen pictures of that. This is the first time we have shown pictures
that document, No. 1, that the equipment came from Russia and Putin,
and, No. 2, the type of things they are doing over there.
We passed a law last year that said we would give defensive weaponry
to the Ukrainians, but it fell short because of one thing--it was
prescriptive. It said what kind of equipment it would be.
The bill I am introducing today does two things. It offers the
equipment we can give them with no restrictions whatsoever, and
secondly, it does something else I think is very significant, and that
is we require the President to come up with a strategy. People always
say: Well, the President doesn't have a strategy against ISIS. It is
true he doesn't have one, and it is deplorable that he doesn't have
one. He also doesn't have a strategy for Ukraine. Without a strategy,
it is not going to work.
Last week we had a hearing in the Senate Armed Services Committee. It
was kind of funny because we had people from the past. We had George
Shultz, Madeleine Albright, and Henry Kissinger. We were talking about
the Ukraine at that time and talked about offering some equipment we
thought should go there, and they said: Well, you have to do that, but
you can't just send them equipment. You have to specifically demand a
strategy. In this bill we are saying to the President of the United
States to not only send over equipment but we need to also provide a
strategy we can massage as time goes on.
On February 2, 2015, eight of the former senior ranking diplomatic
and military officials testified. They included the former U.S.
Ambassador to the Ukraine, Steven Pifer; former Under Secretary of
Defense Michele Flournoy; former Supreme Allied Commander ADM James
Stavridis, and former Deputy Commander to the U.S. Command, Gen.
Charles Wald. They all served under both Republican and Democratic
administrations. They released a nonpartisan report calling on
President Obama to provide Ukraine with lethal weaponry, and this is
what we talked about in the bill. They encouraged other NATO countries
to do the same, particularly those that possess and used former Soviet
equipment and weaponry.
On January 25, when President Obama stated at a news conference in
New Delhi, India that the aggression by the rebel separatists in
eastern Ukraine had Russian backing, Russian equipment, Russian
financing, Russian training, and Russian troops--so he finally agreed.
It is not something that is debatable or might be happening; it is
something that is happening. You can see the horrible things that are
going on there, and you can see the reason it is necessary to get this
done.
Some time ago, back when Carl Levin was still here--he is retired,
and he did such a great job as the chairman of the Senate Armed
Services Committee for so many years when I was the ranking Republican
on the Committee on Armed Services. At that time, a year ago in
October, we wrote the following in the Washington Post:
We believe that the United States should begin providing defensive
weapons that would help Ukraine defend its territory. Such weapons
could include anti-tank weapons to defend against Russian-provided
armored personnel carriers, ammunition, vehicles and secure
communications equipment. This would present no threat to Russia unless
its forces launch further aggression against Ukraine. In other words,
these weapons are lethal, but not provocative because they are
defensive.
That came from Carl Levin and me. This is back before we knew the
results of the parliamentary election that was so successful and so
complementary to the West.
This has been long overdue. There is no one who disagrees with it,
and even the President recognizes they have the equipment and we are
not doing the job we should be doing.
So, with that, I am going to introduce S. 452, and we are going to
ask for cosponsors to come down and speak on this topic. We have quite
a long list of cosponsors.
It doesn't bother me if other Members want to introduce like
resolutions because we need to get something passed. We need to raise
the visibility so the people of America know this is not just going on
in Syria and some of these other countries, but it is also in the
country of one of our very best friends worldwide, and that best friend
is the Ukraine.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 452
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Defense of Ukraine Act of
2015''.
SEC. 2. AUTHORIZATION TO PROVIDE LETHAL WEAPONS TO THE
GOVERNMENT OF UKRAINE.
The President is authorized to provide lethal weapons to
the Government of Ukraine in order to defend itself against
Russian-backed rebel separatists in eastern Ukraine.
SEC. 3. REPORTS TO CONGRESS.
(a) Strategy.--Not later than 15 days after the date of the
enactment of this Act, the President shall submit to Congress
a written report setting forth a comprehensive strategy of
the United States to provide lethal weapons to the Government
of Ukraine so that it may effectively defend itself from
Russian-back rebel aggression.
(b) Implementation of Strategy.--
(1) Reports required.--Not later than 90 days after
submitting the report required under subsection (a), and
every 90 days thereafter, the President shall submit to
Congress a written report setting forth a current
comprehensive description and assessment of the
implementation of the comprehensive strategy set forth in the
report required under such subsection.
(2) Updates.--If the President makes a substantive change
to the comprehensive strategy required under subsection (a),
the President shall immediately submit a written report to
Congress that articulates the change, the reason for the
change, and the effect of the change on the overall
comprehensive strategy.
______
By Mr. CORNYN:
S. 458. A bill to provide emergency funding for port of entry
personnel and infrastructure, and for other purposes; to the Committee
on Homeland Security and Governmental Affairs.
Mr. CORNYN. Mr. President, I ask unanimous consent that the text of
the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 458
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Emergency Port of Entry
Personnel and Infrastructure Funding Act of 2015''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the General Services Administration.
(2) Commissioner.--The term ``Commissioner'' means the
Commissioner of U.S. Customs and Border Protection.
(3) Northern border.--The term ``Northern border'' means
the international border between the United States and
Canada.
(4) Relevant committees of congress.--The term ``relevant
committees of Congress'' means--
(A) the Committee on Environment and Public Works of the
Senate;
(B) the Committee on Finance of the Senate;
(C) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(D) the Committee on the Judiciary of the Senate;
(E) the Committee on Homeland Security of the House of
Representatives;
(F) the Committee on the Judiciary of the House of
Representatives; and
(G) the Committee on Transportation and Infrastructure of
the House of Representatives.
[[Page S930]]
(5) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(6) Southern border.--The term ``Southern border'' means
the international border between the United States and
Mexico.
SEC. 3. U.S. CUSTOMS AND BORDER PROTECTION PERSONNEL.
(a) Staff Enhancements.--
(1) Authorization.--In addition to positions authorized
before the date of the enactment of this Act and any existing
officer vacancies within U.S. Customs and Border Protection
on such date, the Secretary, subject to the availability of
appropriations for such purpose, shall hire, train, and
assign to duty, by not later than September 30, 2020--
(A) 5,000 full-time U.S. Customs and Border Protection
officers to serve on all inspection lanes (primary,
secondary, incoming, and outgoing) and enforcement teams at
United States land ports of entry on the Northern border and
the Southern border; and
(B) 350 full-time support staff for all United States ports
of entry.
(2) Waiver of fte limitation.--The Secretary may waive any
limitation on the number of full-time equivalent personnel
assigned to the Department of Homeland Security in order to
carry out paragraph (1).
(b) Reports to Congress.--
(1) Outbound inspections.--Not later than 90 days after the
date of the enactment of this Act, the Secretary shall submit
a report to the relevant committees of Congress that includes
a plan for ensuring the placement of sufficient U.S. Customs
and Border Protection officers on outbound inspections, and
adequate outbound infrastructure, at all Southern border land
ports of entry.
(2) Sufficient agricultural specialists and personnel.--Not
later than 90 days after the date of the enactment of this
Act, the Secretary, in consultation with the Secretary of
Agriculture and the Secretary of Health and Human Services,
shall submit a report to the relevant committees of Congress
that contains plans for the Department of Homeland Security,
the Department of Agriculture, and the Department of Health
and Human Services, respectively, for ensuring the placement
of sufficient U.S. Customs and Border Protection agriculture
specialists, Animal and Plant Health Inspection Service
entomologist identifier specialists, Food and Drug
Administration consumer safety officers, and other relevant
and related personnel at all Southern border land ports of
entry.
(3) Annual implementation report.--Not later than 1 year
after the date of the enactment of this Act, and annually
thereafter, the Secretary shall submit a report to the
relevant committees of Congress that--
(A) details the Department of Homeland Security's
implementation plan for the staff enhancements required under
subsection (a)(1)(A);
(B) includes the number of additional personnel assigned to
duty at land ports of entry, classified by location;
(C) describes the methodology used to determine the
distribution of additional personnel to address northbound
and southbound cross-border inspections; and
(D) includes--
(i) the strategic plan required under section 5(a)(1);
(ii) the model required under section 5(b), including the
underlying assumptions, factors, and concerns that guide the
decisionmaking and allocation process; and
(iii) the new outcome-based performance measures adopted
under section 5(c).
(c) Secure Communication.--The Secretary shall ensure that
each U.S. Customs and Border Protection officer is equipped
with a secure 2-way communication and satellite-enabled
device, supported by system interoperability, that allows
U.S. Customs and Border Protection officers to communicate--
(1) between ports of entry and inspection stations; and
(2) with other Federal, State, tribal, and local law
enforcement entities.
(d) Border Area Security Initiative Grant Program.--The
Secretary shall establish a program for awarding grants for
the purchase of--
(1) identification and detection equipment; and
(2) mobile, hand-held, 2-way communication devices for
State and local law enforcement officers serving on the
Southern border.
(e) Port of Entry Infrastructure Improvements.--
(1) In general.--The Commissioner may aid in the
enforcement of Federal customs, immigration, and agriculture
laws by--
(A) designing, constructing, and modifying--
(i) United States ports of entry;
(ii) living quarters for officers, agents, and personnel;
(iii) technology and equipment, including those deployed in
support of standardized and automated collection of vehicular
travel time; and
(iv) other structures and facilities, including those owned
by municipalities, local governments, or private entities
located at land ports of entry;
(B) acquiring, by purchase, donation, exchange, or
otherwise, land or any interest in land determined to be
necessary to carry out the Commissioner's duties under this
section; and
(C) constructing additional ports of entry along the
Southern border and the Northern border.
(2) Prioritization.--In selecting improvements under this
section, the Commissioner, in coordination with the
Administrator shall give priority consideration to projects
that will substantially--
(A) reduce commercial and passenger vehicle and pedestrian
crossing wait times at 1 or more ports of entry on the same
border;
(B) increase trade, travel efficiency, and the projected
total annual volume at 1 or more ports of entry on the same
border; and
(C) enhance safety and security at border facilities at 1
or more ports of entry on the same border.
(f) Consultation.--
(1) Locations for new ports of entry.--The Secretary shall
consult with the Secretary of the Interior, the Secretary of
Agriculture, the Secretary of State, the International
Boundary and Water Commission, the International Joint
Commission, and appropriate representatives of States, Indian
tribes, local governments, and property owners, as
appropriate--
(A) to determine locations for new ports of entry; and
(B) to minimize adverse impacts from such ports on the
environment, historic and cultural resources, commerce, and
the quality of life of the communities and residents located
near such ports.
(2) Savings provision.--Nothing in this subsection may be
construed--
(A) to create any right or liability of the parties
described in paragraph (1);
(B) to affect the legality or validity of any determination
by the Secretary under this Act; or
(C) to affect any consultation requirement under any other
law.
(g) Authority To Acquire Leaseholds.--Notwithstanding any
other provision of law, if the Secretary determines that the
acquisition of a leasehold interest in real property and the
construction or modification of any facility on the leased
property are necessary to facilitate the implementation of
this Act, the Secretary may--
(1) acquire such leasehold interest; and
(2) construct or modify such facility.
(h) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section, for each of the
fiscal years 2015 through 2020, $1,000,000,000, of which
$5,000,000 shall be used for grants authorized under
subsection (d).
(i) Offset, Rescission of Unobligated Federal Funds.--
(1) In general.--There is hereby rescinded, from
appropriated discretionary funds that remain available for
obligation on the date of the enactment of this Act (other
than the unobligated funds referred to in paragraph (4)),
amounts determined by the Director of the Office of
Management and Budget that are equal, in the aggregate, to
the amount authorized to be appropriated under subsection
(h).
(2) Implementation.--The Director of the Office of
Management and Budget shall determine and identify--
(A) the appropriation accounts from which the rescission
under paragraph (1) shall apply; and
(B) the amount of the rescission that shall be applied to
each such account.
(3) Report.--Not later than 60 days after the date of the
enactment of this Act, the Director of the Office of
Management and Budget shall submit a report to Congress and
to the Secretary of the Treasury that describes the accounts
and amounts determined and identified under paragraph (2) for
rescission under paragraph (1).
(4) Exceptions.--This subsection shall not apply to
unobligated funds of--
(A) the Department of Defense;
(B) the Department of Veterans Affairs; or
(C) the Department of Homeland Security.
SEC. 4. CROSS-BORDER TRADE ENHANCEMENT.
(a) Agreements Authorized.--Consistent with section 559 of
the Department of Homeland Security Appropriations Act, 2014
(6 U.S.C. 211 note), during the 10-year period beginning on
the date of the enactment of this Act, the Commissioner and
the Administrator, for purposes of facilitating the
construction, alteration, operation, or maintenance of a new
or existing facility or other infrastructure at a port of
entry under the jurisdiction, custody, and control of the
Commissioner or the Administrator, may--
(1) enter into cost-sharing or reimbursement agreements; or
(2) accept donations of--
(A) real or personal property (including monetary
donations); or
(B) nonpersonal services.
(b) Allowable Uses of Agreements.--The Commissioner and the
Administrator may--
(1) use agreements authorized under subsection (a) for
activities related to an existing or new port of entry,
including expenses relating to--
(A) land acquisition, design, construction, repair, or
alternation;
(B) furniture, fixtures, or equipment;
(C) the deployment of technology or equipment; and
(D) operations and maintenance; or
(2) transfer such property or services between the
Commissioner and the Administrator for activities described
in paragraph (1) relating to a new or existing port of entry
under the jurisdiction, custody, and control of the relevant
agency, subject to chapter 33 of title 40, United States
Code.
(c) Savings Provision.--Nothing in this section may be
construed to alter or change agreements or authorities
authorized under section 559 of the Department of Homeland
Security Appropriations Act, 2014 (division F of Public Law
113-76; 6 U.S.C. 211 note) and in place as of the date of
enactment of this Act
[[Page S931]]
(d) Evaluation Procedures.--
(1) In general.--
(A) Requirement for procedures.--The Commissioner, in
consultation with the Administrator and consistent with
section 559 of the Department of Homeland Security
Appropriations Act, 2014 (6 U.S.C. 211 note), shall issue
procedures for evaluating a proposal submitted by a person
for an agreement authorized under subsection (a).
(B) Availability.--The procedures required under
subparagraph (A) shall be made available to the public
through a website of the Department of Homeland Security.
(2) Specification.--Proposals for agreements or donations
referred to in subsection (a) may specify--
(A) the land port of entry facility or facilities in
support of which the agreement is entered into; and
(B) the time frame in which the contributed property or
nonpersonal services shall be used.
(3) Supplemental funding.--Any property (including monetary
donations) or nonpersonal services donated pursuant to
subsection (a)(2) may be used in addition to any other funds,
including appropriated funds, property, or services made
available for the same purpose.
(4) Return of donation.--
(A) Requirement for return.--If the Commissioner or the
Administrator does not use the property or services donated
pursuant to subsection (a)(2) for the specific facility or
facilities designated by the person or within the time frame
specified by the person, such donated property or services
shall be returned to the person that made the donation.
(B) Prohibition on interest.--No interest may be owed on
any donation returned to a person under subparagraph (A).
(5) Determination and notification.--
(A) In general.--Not later than 90 days after receiving a
proposal pursuant to subsection (a) with respect to the
construction or maintenance of a facility or other
infrastructure at a land border port of entry, the
Commissioner or the Administrator shall--
(i) make a determination with respect to whether or not to
approve the proposal; and
(ii) notify the person that submitted the proposal of--
(I) the determination; and
(II) if the Administrator did not approve the proposal, the
reasons for such disapproval.
(B) Considerations.--In determining whether or not to
approve a proposal under this subsection, the Administrator
shall consider--
(i) the impact of the proposal on reducing wait times at
that port of entry and other ports of entry on the same
border;
(ii) the potential of the proposal to increase trade and
travel efficiency through added capacity; and
(iii) the potential of the proposal to enhance the security
of the port of entry.
(e) Annual Report and Notice to Congress.--The
Commissioner, in collaboration with the Administrator,
shall--
(1) submit an annual report to the relevant committees of
Congress describing agreements entered into pursuant to
subsection (a); and
(2) not later than 3 days before entering into an agreement
under subsection (a) with a person, notify the members of
Congress that represent the State and district in which the
facility is located.
SEC. 5. IMPLEMENTATION OF GOVERNMENT ACCOUNTABILITY OFFICE
FINDINGS.
(a) Border Wait Time Data Collection.--
(1) Strategic plan.--The Secretary, in consultation with
the Commissioner, the Administrator of the Federal Highway
Administration, State Departments of Transportation, and
other public and private stakeholders, shall develop a
strategic plan for standardized collection of vehicle wait
times at land ports of entry.
(2) Elements.--The strategic plan required under paragraph
(1) shall include--
(A) a description of how U.S. Customs and Border Protection
will ensure standardized manual wait time collection
practices at ports of entry;
(B) current wait time collection practices at each land
port of entry, which shall also be made available through
existing online platforms for public reporting;
(C) the identification of a standardized measurement and
validation wait time data tool for use at all land ports of
entry; and
(D) an assessment of the feasibility and cost for
supplementing and replacing manual data collection with
automation, which should utilize existing automation efforts
and resources.
(3) Updates for collection methods.--The Secretary shall
update the strategic plan required under paragraph (1) to
reflect new practices, timelines, tools, and assessments, as
appropriate.
(b) Staff Allocation.--The Secretary, in consultation with
the Commissioner and State, municipal, and private sector
stakeholders at each port of entry, shall develop a
standardized model for the allocation of U.S. Customs and
Border Protection officers and support staff at land ports of
entry, including allocations specific to field offices and
the port level that utilizes--
(1) current and future operational priorities and threats;
(2) historical staffing levels and patterns; and
(3) anticipated traffic flows.
(c) Outcome-Based Performance Measures.--
(1) In general.--The Secretary, in consultation with the
Commissioner and relevant public and private sector
stakeholders, shall identify and adopt not fewer than 2 new,
outcome-based performance measures that support the trade
facilitation goals of U.S. Customs and Border Protection.
(2) Effect of trusted traveler and shipper programs.--
Outcome-based performance measures identified under this
subsection should include--
(A) the extent to which trusted traveler and shipper
program participants experience decreased annual percentage
wait time compared to nonparticipants; and
(B) the extent to which trusted traveler and shipper
program participants experience an annual reduction in
percentage of referrals to secondary inspection facilities
compared to nonparticipants.
(3) Agency efficiencies.--The Secretary shall not adopt
performance measures that--
(A) solely address U.S. Customs and Border Protection
resource efficiency; or
(B) fail to adequately--
(i) gauge the impact of programs or initiatives on trade
facilitation goals; or
(ii) measure benefits to stakeholders.
(4) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary shall submit a report to
the relevant committees of Congress that identifies--
(A) the new performance measures developed under this
subsection; and
(B) the process for the incorporation of such measures into
existing performance measures.
______
By Mr. CORNYN (for himself and Ms. Klobuchar):
S. 461. A bill to provide for alternative financing arrangements for
the provision of certain services and the construction and maintenance
of infrastructure at land border ports of entry, and for other
purposes; to the Committee on Homeland Security and Governmental
Affairs.
Mr. CORNYN. Mr. President, I ask unanimous consent that the text of
the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 461
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cross-Border Trade
Enhancement Act of 2015''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administrator; administration.--The terms
``Administrator'' and ``Administration'' mean the
Administrator of General Services and the General Services
Administration, respectively.
(2) Commissioner.--The term ``Commissioner'' means the
Commissioner of U.S. Customs and Border Protection.
(3) Person.--The term ``person'' means--
(A) an individual; or
(B) a corporation, partnership, trust, association, or any
other public or private entity, including a State or local
government.
(4) Relevant committees of congress.--The term ``relevant
committees of Congress'' means--
(A) the Committee on Environment and Public Works of the
Senate;
(B) the Committee on Finance of the Senate;
(C) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(D) the Committee on the Judiciary of the Senate;
(E) the Committee on Homeland Security of the House of
Representatives;
(F) the Committee on the Judiciary of the House of
Representatives; and
(G) the Committee on Transportation and Infrastructure of
the House of Representatives.
SEC. 3. AUTHORITY TO ENTER INTO AGREEMENTS FOR THE PROVISION
OF CERTAIN SERVICES AT LAND BORDER PORTS OF
ENTRY.
(a) Authority To Enter Into Agreements.--
(1) In general.--Notwithstanding section 451 of the Tariff
Act of 1930 (19 U.S.C. 1451), and consistent with section 560
of the Department of Homeland Security Appropriations Act,
2013 (division D of Public Law 113-6; 127 Stat. 378) and
section 559 of the Department of Homeland Security
Appropriations Act, 2014 (division F of Public Law 113-76, 6
U.S.C. 211 note) the Commissioner may, during the 10-year
period beginning on the date of the enactment of this Act and
upon the request of any person, enter into an agreement with
that person under which--
(A) U.S. Customs and Border Protection will provide the
services described in paragraph (2) at a land border port of
entry; and
(B) that person will pay the fee described in subsection
(b) to reimburse U.S. Customs and Border Protection for the
costs incurred in providing such services.
(2) Services described.--Services described in this
paragraph are any services related to customs, agricultural
processing, border security, or inspection-related
immigration matters provided by an employee or contractor of
U.S. Customs and Border Protection at land border ports of
entry.
(3) Limitation.--The Commissioner may not modify existing
requirements or reimbursement fee agreements in effect as of
the
[[Page S932]]
date of the enactment of this Act unless the relevant person
requests a modification to include services described in this
section.
(4) Savings provision.--Nothing in this paragraph may be
construed to reduce the responsibilities or duties of U.S.
Customs and Border Protection to provide services at land
border ports of entry that have been authorized or mandated
by law and are funded in any appropriation Act or from any
accounts in the Treasury of the United States derived by the
collection of fees.
(b) Fee.--
(1) In general.--A person requesting U.S. Customs and
Border Protection services shall pay a fee pursuant to an
agreement under subsection (a) in an amount equal to the sum
of--
(A) a proportionate share of the salaries and expenses of
the individuals employed by U.S. Customs and Border
Protection who provided such services; and
(B) other costs incurred by U.S. Customs and Border
Protection relating to such services, such as temporary
placement or permanent relocation of such individuals.
(2) Oversight of fees.--The Commissioner shall develop a
process to oversee the activities reimbursed by the fees
authorized under paragraph (1) that includes--
(A) a determination and report on the full cost of
providing services, including direct and indirect costs;
(B) a process for increasing such fees, as necessary;
(C) the establishment of a monthly remittance schedule to
reimburse appropriations; and
(D) the identification of overtime costs to be reimbursed
by such fees.
(3) Deposit of funds.--Amounts collected in fees under
paragraph (1)--
(A) shall be deposited as an offsetting collection;
(B) shall remain available until expended, without fiscal
year limitation; and
(C) shall directly reimburse each appropriation account for
the amount paid out of such account for--
(i) any expenses incurred for providing U.S. Customs and
Border Protection services to the person paying such fee; and
(ii) any other costs incurred by the U.S. Customs and
Border Protection relating to such services.
(4) Termination.--
(A) In general.--The Commissioner shall terminate the
services provided pursuant to an agreement with a private
sector or government entity under subsection (a) upon
receiving notice from the Commissioner that such entity
failed to pay the fee imposed under paragraph (1) in a timely
manner.
(B) Effect of termination.--At the time services are
terminated pursuant to subparagraph (A), all costs incurred
by U.S. Customs and Border Protection to provide services to
the entity described in subparagraph (A), which have not been
reimbursed by the entity, will become immediately due and
payable.
(C) Interest.--Interest on unpaid fees will accrue from the
date of termination based on current Treasury borrowing
rates.
(D) Penalties.--Any private sector or government entity
that fails to pay any fee incurred under paragraph (1) in a
timely manner, after notice and demand for payment, shall be
liable for a penalty or liquidated damage equal to 2 times
the amount of such fee.
(5) Notification.--Not later than 3 days before entering
into an agreement under this section, the Commissioner shall
notify--
(A) the relevant committees of Congress; and
(B) the members of Congress who represent the State or
district in which the facility at which services will be
provided under the agreement.
SEC. 4. EVALUATION OF ALTERNATIVE FINANCING ARRANGEMENTS FOR
CONSTRUCTION AND MAINTENANCE OF INFRASTRUCTURE
AT LAND BORDER PORTS OF ENTRY.
(a) Agreements Authorized.--Consistent with section 559 of
the Department of Homeland Security Appropriations Act, 2014
(division F of Public Law 113-76, 6 U.S.C. 211 note), during
the 10-year period beginning on the date of the enactment of
this Act, the Commissioner and the Administrator may, for
purposes of facilitating the construction, alteration,
operation, or maintenance of a new or existing facility or
other infrastructure at a port of entry under the
jurisdiction, custody, and control of the Commissioner or the
Administrator--
(1) enter into cost-sharing or reimbursement agreements
with any person; or
(2) accept donations from any person of--
(A) real or personal property (including monetary
donations); or
(B) nonpersonal services.
(b) Allowable Uses of Agreements.--The Commissioner and the
Administrator, with respect to an agreement authorized under
subsection (a), may--
(1) use such agreements for activities related to an
existing or new port of entry, including expenses related
to--
(A) land acquisition, design, construction, repair, or
alternation;
(B) furniture, fixtures, or equipment;
(C) the deployment of technology or equipment; or
(D) operations and maintenance; or
(2) subject to chapter 33 of title 40, United States Code,
transfer such property or services between the Commissioner
and the Administrator for activities described in paragraph
(1) that are related to a new or existing port of entry under
the jurisdiction, custody, and control of the relevant
agency.
(c) Evaluation Procedures.--
(1) In general.--
(A) Requirements for procedures.--The Commissioner, in
consultation with the Administrator and consistent with
section 559 of the Department of Homeland Security
Appropriations Act, 2014 (division F of Public Law 113-76; 6
U.S.C. 211 note), shall issue procedures for evaluating a
proposal submitted by a person for an agreement authorized
under subsection (a).
(B) Availability.--The procedures issued under subparagraph
(A) shall be made available to the public through the
Department of Homeland Security website.
(2) Specification.--In making a donation under subsection
(a)(2), a person may--
(A) designate the land port of entry facility or facilities
that the donation is intended to support; and
(B) specify the period during which the contributed
property or nonpersonal services shall be used.
(3) Supplemental funding.--Any property, including monetary
donations and nonpersonal services donated pursuant to
subsection (a) may be used in addition to any other funds,
including appropriated funds, property, or services made
available for the same purpose.
(4) Return of donation.--
(A) Return required.--If the Commissioner or the
Administrator does not use the property or services donated
pursuant to subsection (a) for the specific facility or
facilities designated under paragraph (2)(A) or during the
period specified under paragraph (2)(B), such donated
property or services shall be returned to the person that
made the donation.
(B) Interest prohibited.--No interest may be owed on any
donation returned to a person pursuant to subparagraph (A).
(5) Determination and notification.--
(A) In general.--Not later than 90 days after receiving a
proposal pursuant to subsection (a) with respect to the
construction or maintenance of a facility or other
infrastructure at a land border port of entry, the
Commissioner or the Administrator shall--
(i) make a determination with respect to whether or not to
approve the proposal; and
(ii) notify the person that submitted the proposal of--
(I) the determination; and
(II) if the Administrator did not approve the proposal, the
reasons for such determination.
(B) Considerations.--In making the determination under
subparagraph (A)(i), the Commissioner or the Administrator
shall consider--
(i) the impact of the proposal on reducing wait times at
that port of entry and other ports of entry on the same
border;
(ii) the potential of the proposal to increase trade and
travel efficiency through added capacity; and
(iii) the potential of the proposal to enhance the security
of the port of entry.
(d) Annual Report and Notice to Congress.--The
Commissioner, in collaboration with the Administrator,
shall--
(1) submit an annual report to the relevant committees of
Congress on the agreements entered into under subsection (a);
and
(2) not less than 3 days before entering into an agreement
with a person under subsection (a), notify the members of
Congress that represent the State or district in which the
affected facility is located.
______
By Mr. KAINE (for himself and Mr. Warner):
S. 465. A bill to extend Federal recognition to the Chickahominy
Indian Tribe, the Chickahominy Indian Tribe-Eastern Division, the Upper
Mattaponi Tribe, the Rappahannock Tribe, Inc., the Monacan Indian
Nation, and the Nansemond Indian Tribe; to the Committee on Indian
Affairs.
Mr. KAINE. Mr. President. I am pleased to reintroduce the Thomasina
E. Jordan Indian Tribes of Virginia Federal Recognition Act of 2015.
This legislation was voted out of Committee in the previous Congress,
and I remain hopeful that the full Senate will vote to approve this
tribes bill this year.
This legislation is critically important because it strives toward
reconciling an historic wrong for Virginia and the Nation. While the
Virginia Tribes have received official recognition from the
Commonwealth of Virginia, acknowledgement and officially-recognized
status from the federal government has been considerably more difficult
due to their systematic mistreatment over the past century.
More specifically, Virginia's Racial Integrity Act, a state law in
effect from 1924 to 1967, stripped the identities of the tribal members
of Virginia's Indian Tribes. The Act changed the racial identifications
of those who lacked white ancestry to ``colored'' on birth certificates
during that period. In addition, five of the six courthouses that held
the vast majority of the Virginia Indian Tribal records were destroyed
in the Civil War. Those records were crucial for documenting the
history of the tribes for recognition by the Bureau of
[[Page S933]]
Indian Affairs Office of Federal Acknowledgement.
Furthermore, Virginia Indians made peace when they signed the Treaty
of Middle Plantation with England in 1677. This predated the creation
of the United States of America by about 100 years; the founding
fathers of the United States never recognized the treaty. Therefore,
unlike tribes that received federal recognition upon the signing of a
treaty with the United States, the Virginia Tribes did not receive
federal recognition because they made peace with England prior to the
founding of our Nation.
I am proud of Virginia's recognized Indian Tribes and their
contributions to our Commonwealth. The Virginia Tribes are not only
part of our history, but they remain ever present today. We go to
school and work together, and serve the Commonwealth and nation
together every day. These contributions should be acknowledged, and
this Federal recognition for Virginia's native peoples is long overdue.
Virginia's Indian Tribes contributed to the successful founding of
our country and continue to help define our national identity. Their
members have attended our schools, worked next to us, and served in
every American war since the Revolution, all while maintaining a unique
identity and culture. I am hopeful the Senate will act upon my
legislation this year, to give these six Virginia Native American
Tribes the Federal recognition that is long overdue.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 465
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Thomasina
E. Jordan Indian Tribes of Virginia Federal Recognition Act
of 2015''.
(b) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Indian Child Welfare Act of 1978.
TITLE I--CHICKAHOMINY INDIAN TRIBE
Sec. 101. Findings.
Sec. 102. Definitions.
Sec. 103. Federal recognition.
Sec. 104. Membership; governing documents.
Sec. 105. Governing body.
Sec. 106. Reservation of the Tribe.
Sec. 107. Hunting, fishing, trapping, gathering, and water rights.
TITLE II--CHICKAHOMINY INDIAN TRIBE--EASTERN DIVISION
Sec. 201. Findings.
Sec. 202. Definitions.
Sec. 203. Federal recognition.
Sec. 204. Membership; governing documents.
Sec. 205. Governing body.
Sec. 206. Reservation of the Tribe.
Sec. 207. Hunting, fishing, trapping, gathering, and water rights.
TITLE III--UPPER MATTAPONI TRIBE
Sec. 301. Findings.
Sec. 302. Definitions.
Sec. 303. Federal recognition.
Sec. 304. Membership; governing documents.
Sec. 305. Governing body.
Sec. 306. Reservation of the Tribe.
Sec. 307. Hunting, fishing, trapping, gathering, and water rights.
TITLE IV--RAPPAHANNOCK TRIBE, INC.
Sec. 401. Findings.
Sec. 402. Definitions.
Sec. 403. Federal recognition.
Sec. 404. Membership; governing documents.
Sec. 405. Governing body.
Sec. 406. Reservation of the Tribe.
Sec. 407. Hunting, fishing, trapping, gathering, and water rights.
TITLE V--MONACAN INDIAN NATION
Sec. 501. Findings.
Sec. 502. Definitions.
Sec. 503. Federal recognition.
Sec. 504. Membership; governing documents.
Sec. 505. Governing body.
Sec. 506. Reservation of the Tribe.
Sec. 507. Hunting, fishing, trapping, gathering, and water rights.
TITLE VI--NANSEMOND INDIAN TRIBE
Sec. 601. Findings.
Sec. 602. Definitions.
Sec. 603. Federal recognition.
Sec. 604. Membership; governing documents.
Sec. 605. Governing body.
Sec. 606. Reservation of the Tribe.
Sec. 607. Hunting, fishing, trapping, gathering, and water rights.
TITLE VII--EMINENT DOMAIN
Sec. 701. Limitation.
SEC. 2. INDIAN CHILD WELFARE ACT OF 1978.
Nothing in this Act affects the application of section 109
of the Indian Child Welfare Act of 1978 (25 U.S.C. 1919).
TITLE I--CHICKAHOMINY INDIAN TRIBE
SEC. 101. FINDINGS.
Congress finds that--
(1) in 1607, when the English settlers set shore along the
Virginia coastline, the Chickahominy Indian Tribe was 1 of
about 30 tribes that received them;
(2) in 1614, the Chickahominy Indian Tribe entered into a
treaty with Sir Thomas Dale, Governor of the Jamestown
Colony, under which--
(A) the Chickahominy Indian Tribe agreed to provide 2
bushels of corn per man and send warriors to protect the
English; and
(B) Sir Thomas Dale agreed in return to allow the Tribe to
continue to practice its own tribal governance;
(3) in 1646, a treaty was signed which forced the
Chickahominy from their homeland to the area around the York
Mattaponi River in present-day King William County, leading
to the formation of a reservation;
(4) in 1677, following Bacon's Rebellion, the Queen of
Pamunkey signed the Treaty of Middle Plantation on behalf of
the Chickahominy;
(5) in 1702, the Chickahominy were forced from their
reservation, which caused the loss of a land base;
(6) in 1711, the College of William and Mary in
Williamsburg established a grammar school for Indians called
Brafferton College;
(7) a Chickahominy child was 1 of the first Indians to
attend Brafferton College;
(8) in 1750, the Chickahominy Indian Tribe began to migrate
from King William County back to the area around the
Chickahominy River in New Kent and Charles City Counties;
(9) in 1793, a Baptist missionary named Bradby took refuge
with the Chickahominy and took a Chickahominy woman as his
wife;
(10) in 1831, the names of the ancestors of the modern-day
Chickahominy Indian Tribe began to appear in the Charles City
County census records;
(11) in 1901, the Chickahominy Indian Tribe formed Samaria
Baptist Church;
(12) from 1901 to 1935, Chickahominy men were assessed a
tribal tax so that their children could receive an education;
(13) the Tribe used the proceeds from the tax to build the
first Samaria Indian School, buy supplies, and pay a
teacher's salary;
(14) in 1919, C. Lee Moore, Auditor of Public Accounts for
Virginia, told Chickahominy Chief O.W. Adkins that he had
instructed the Commissioner of Revenue for Charles City
County to record Chickahominy tribal members on the county
tax rolls as Indian, and not as White or colored;
(15) during the period of 1920 through 1930, various
Governors of the Commonwealth of Virginia wrote letters of
introduction for Chickahominy Chiefs who had official
business with Federal agencies in Washington, DC;
(16) in 1934, Chickahominy Chief O.O. Adkins wrote to John
Collier, Commissioner of Indian Affairs, requesting money to
acquire land for the Chickahominy Indian Tribe's use, to
build school, medical, and library facilities and to buy
tractors, implements, and seed;
(17) in 1934, John Collier, Commissioner of Indian Affairs,
wrote to Chickahominy Chief O.O. Adkins, informing him that
Congress had passed the Act of June 18, 1934 (commonly known
as the ``Indian Reorganization Act'') (25 U.S.C. 461 et
seq.), but had not made the appropriation to fund the Act;
(18) in 1942, Chickahominy Chief O.O. Adkins wrote to John
Collier, Commissioner of Indian Affairs, asking for help in
getting the proper racial designation on Selective Service
records for Chickahominy soldiers;
(19) in 1943, John Collier, Commissioner of Indian Affairs,
asked Douglas S. Freeman, editor of the Richmond News-Leader
newspaper of Richmond, Virginia, to help Virginia Indians
obtain proper racial designation on birth records;
(20) Collier stated that his office could not officially
intervene because it had no responsibility for the Virginia
Indians, ``as a matter largely of historical accident'', but
was ``interested in them as descendants of the original
inhabitants of the region'';
(21) in 1948, the Veterans' Education Committee of the
Virginia State Board of Education approved Samaria Indian
School to provide training to veterans;
(22) that school was established and run by the
Chickahominy Indian Tribe;
(23) in 1950, the Chickahominy Indian Tribe purchased and
donated to the Charles City County School Board land to be
used to build a modern school for students of the
Chickahominy and other Virginia Indian tribes;
(24) the Samaria Indian School included students in grades
1 through 8;
(25) in 1961, Senator Sam Ervin, Chairman of the
Subcommittee on Constitutional Rights of the Committee on the
Judiciary of the Senate, requested Chickahominy Chief O.O.
Adkins to provide assistance in analyzing the status of the
constitutional rights of Indians ``in your area'';
(26) in 1967, the Charles City County school board closed
Samaria Indian School and converted the school to a
countywide primary school as a step toward full school
integration of Indian and non-Indian students;
(27) in 1972, the Charles City County school board began
receiving funds under the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 458aa et seq.) on behalf
of Chickahominy students, which funding is provided as of the
date of enactment of this Act under title V of the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
458aaa et seq.);
(28) in 1974, the Chickahominy Indian Tribe bought land and
built a tribal center using
[[Page S934]]
monthly pledges from tribal members to finance the
transactions;
(29) in 1983, the Chickahominy Indian Tribe was granted
recognition as an Indian tribe by the Commonwealth of
Virginia, along with 5 other Indian tribes; and
(30) in 1985, Governor Gerald Baliles was the special guest
at an intertribal Thanksgiving Day dinner hosted by the
Chickahominy Indian Tribe.
SEC. 102. DEFINITIONS.
In this title:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(2) Tribal member.--The term ``tribal member'' means--
(A) an individual who is an enrolled member of the Tribe as
of the date of enactment of this Act; and
(B) an individual who has been placed on the membership
rolls of the Tribe in accordance with this title.
(3) Tribe.--The term ``Tribe'' means the Chickahominy
Indian Tribe.
SEC. 103. FEDERAL RECOGNITION.
(a) Federal Recognition.--
(1) In general.--Federal recognition is extended to the
Tribe.
(2) Applicability of laws.--All laws (including
regulations) of the United States of general applicability to
Indians or nations, Indian tribes, or bands of Indians
(including the Act of June 18, 1934 (25 U.S.C. 461 et seq.))
that are not inconsistent with this title shall be applicable
to the Tribe and tribal members.
(b) Federal Services and Benefits.--
(1) In general.--On and after the date of enactment of this
Act, the Tribe and tribal members shall be eligible for all
services and benefits provided by the Federal Government to
federally recognized Indian tribes without regard to the
existence of a reservation for the Tribe.
(2) Service area.--For the purpose of the delivery of
Federal services to tribal members, the service area of the
Tribe shall be considered to be the area comprised of New
Kent County, James City County, Charles City County, and
Henrico County, Virginia.
SEC. 104. MEMBERSHIP; GOVERNING DOCUMENTS.
The membership roll and governing documents of the Tribe
shall be the most recent membership roll and governing
documents, respectively, submitted by the Tribe to the
Secretary before the date of enactment of this Act.
SEC. 105. GOVERNING BODY.
The governing body of the Tribe shall be--
(1) the governing body of the Tribe in place as of the date
of enactment of this Act; or
(2) any subsequent governing body elected in accordance
with the election procedures specified in the governing
documents of the Tribe.
SEC. 106. RESERVATION OF THE TRIBE.
(a) In General.--Upon the request of the Tribe, the
Secretary of the Interior--
(1) shall take into trust for the benefit of the Tribe any
land held in fee by the Tribe that was acquired by the Tribe
on or before January 1, 2007, if such lands are located
within the boundaries of New Kent County, James City County,
Charles City County, or Henrico County, Virginia; and
(2) may take into trust for the benefit of the Tribe any
land held in fee by the Tribe, if such lands are located
within the boundaries of New Kent County, James City County,
Charles City County, or Henrico County, Virginia.
(b) Deadline for Determination.--The Secretary shall make a
final written determination not later than three years of the
date which the Tribe submits a request for land to be taken
into trust under subsection (a)(2) and shall immediately make
that determination available to the Tribe.
(c) Reservation Status.--Any land taken into trust for the
benefit of the Tribe pursuant to this paragraph shall, upon
request of the Tribe, be considered part of the reservation
of the Tribe.
(d) Gaming.--The Tribe may not conduct gaming activities as
a matter of claimed inherent authority or under the authority
of any Federal law, including the Indian Gaming Regulatory
Act (25 U.S.C. 2701 et seq.) or under any regulations
thereunder promulgated by the Secretary or the National
Indian Gaming Commission.
SEC. 107. HUNTING, FISHING, TRAPPING, GATHERING, AND WATER
RIGHTS.
Nothing in this title expands, reduces, or affects in any
manner any hunting, fishing, trapping, gathering, or water
rights of the Tribe and members of the Tribe.
TITLE II--CHICKAHOMINY INDIAN TRIBE--EASTERN DIVISION
SEC. 201. FINDINGS.
Congress finds that--
(1) in 1607, when the English settlers set shore along the
Virginia coastline, the Chickahominy Indian Tribe was 1 of
about 30 tribes that received them;
(2) in 1614, the Chickahominy Indian Tribe entered into a
treaty with Sir Thomas Dale, Governor of the Jamestown
Colony, under which--
(A) the Chickahominy Indian Tribe agreed to provide 2
bushels of corn per man and send warriors to protect the
English; and
(B) Sir Thomas Dale agreed in return to allow the Tribe to
continue to practice its own tribal governance;
(3) in 1646, a treaty was signed which forced the
Chickahominy from their homeland to the area around the York
River in present-day King William County, leading to the
formation of a reservation;
(4) in 1677, following Bacon's Rebellion, the Queen of
Pamunkey signed the Treaty of Middle Plantation on behalf of
the Chickahominy;
(5) in 1702, the Chickahominy were forced from their
reservation, which caused the loss of a land base;
(6) in 1711, the College of William and Mary in
Williamsburg established a grammar school for Indians called
Brafferton College;
(7) a Chickahominy child was 1 of the first Indians to
attend Brafferton College;
(8) in 1750, the Chickahominy Indian Tribe began to migrate
from King William County back to the area around the
Chickahominy River in New Kent and Charles City Counties;
(9) in 1793, a Baptist missionary named Bradby took refuge
with the Chickahominy and took a Chickahominy woman as his
wife;
(10) in 1831, the names of the ancestors of the modern-day
Chickahominy Indian Tribe began to appear in the Charles City
County census records;
(11) in 1870, a census revealed an enclave of Indians in
New Kent County that is believed to be the beginning of the
Chickahominy Indian Tribe--Eastern Division;
(12) other records were destroyed when the New Kent County
courthouse was burned, leaving a State census as the only
record covering that period;
(13) in 1901, the Chickahominy Indian Tribe formed Samaria
Baptist Church;
(14) from 1901 to 1935, Chickahominy men were assessed a
tribal tax so that their children could receive an education;
(15) the Tribe used the proceeds from the tax to build the
first Samaria Indian School, buy supplies, and pay a
teacher's salary;
(16) in 1910, a 1-room school covering grades 1 through 8
was established in New Kent County for the Chickahominy
Indian Tribe--Eastern Division;
(17) during the period of 1920 through 1921, the
Chickahominy Indian Tribe--Eastern Division began forming a
tribal government;
(18) E.P. Bradby, the founder of the Tribe, was elected to
be Chief;
(19) in 1922, Tsena Commocko Baptist Church was organized;
(20) in 1925, a certificate of incorporation was issued to
the Chickahominy Indian Tribe--Eastern Division;
(21) in 1950, the 1-room Indian school in New Kent County
was closed and students were bused to Samaria Indian School
in Charles City County;
(22) in 1967, the Chickahominy Indian Tribe and the
Chickahominy Indian Tribe--Eastern Division lost their
schools as a result of the required integration of students;
(23) during the period of 1982 through 1984, Tsena Commocko
Baptist Church built a new sanctuary to accommodate church
growth;
(24) in 1983 the Chickahominy Indian Tribe--Eastern
Division was granted State recognition along with 5 other
Virginia Indian tribes;
(25) in 1985--
(A) the Virginia Council on Indians was organized as a
State agency; and
(B) the Chickahominy Indian Tribe--Eastern Division was
granted a seat on the Council;
(26) in 1988, a nonprofit organization known as the
``United Indians of Virginia'' was formed; and
(27) Chief Marvin ``Strongoak'' Bradby of the Eastern Band
of the Chickahominy presently chairs the organization.
SEC. 202. DEFINITIONS.
In this title:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(2) Tribal member.--The term ``tribal member'' means--
(A) an individual who is an enrolled member of the Tribe as
of the date of enactment of this Act; and
(B) an individual who has been placed on the membership
rolls of the Tribe in accordance with this title.
(3) Tribe.--The term ``Tribe'' means the Chickahominy
Indian Tribe--Eastern Division.
SEC. 203. FEDERAL RECOGNITION.
(a) Federal Recognition.--
(1) In general.--Federal recognition is extended to the
Tribe.
(2) Applicability of laws.--All laws (including
regulations) of the United States of general applicability to
Indians or nations, Indian tribes, or bands of Indians
(including the Act of June 18, 1934 (25 U.S.C. 461 et seq.))
that are not inconsistent with this title shall be applicable
to the Tribe and tribal members.
(b) Federal Services and Benefits.--
(1) In general.--On and after the date of enactment of this
Act, the Tribe and tribal members shall be eligible for all
future services and benefits provided by the Federal
Government to federally recognized Indian tribes without
regard to the existence of a reservation for the Tribe.
(2) Service area.--For the purpose of the delivery of
Federal services to tribal members, the service area of the
Tribe shall be considered to be the area comprised of New
Kent County, James City County, Charles City County, and
Henrico County, Virginia.
SEC. 204. MEMBERSHIP; GOVERNING DOCUMENTS.
The membership roll and governing documents of the Tribe
shall be the most recent membership roll and governing
documents, respectively, submitted by the Tribe to the
Secretary before the date of enactment of this Act.
SEC. 205. GOVERNING BODY.
The governing body of the Tribe shall be--
[[Page S935]]
(1) the governing body of the Tribe in place as of the date
of enactment of this Act; or
(2) any subsequent governing body elected in accordance
with the election procedures specified in the governing
documents of the Tribe.
SEC. 206. RESERVATION OF THE TRIBE.
(a) In General.--Upon the request of the Tribe, the
Secretary of the Interior--
(1) shall take into trust for the benefit of the Tribe any
land held in fee by the Tribe that was acquired by the Tribe
on or before January 1, 2007, if such lands are located
within the boundaries of New Kent County, James City County,
Charles City County, or Henrico County, Virginia; and
(2) may take into trust for the benefit of the Tribe any
land held in fee by the Tribe, if such lands are located
within the boundaries of New Kent County, James City County,
Charles City County, or Henrico County, Virginia.
(b) Deadline for Determination.--The Secretary shall make a
final written determination not later than three years of the
date which the Tribe submits a request for land to be taken
into trust under subsection (a)(2) and shall immediately make
that determination available to the Tribe.
(c) Reservation Status.--Any land taken into trust for the
benefit of the Tribe pursuant to this paragraph shall, upon
request of the Tribe, be considered part of the reservation
of the Tribe.
(d) Gaming.--The Tribe may not conduct gaming activities as
a matter of claimed inherent authority or under the authority
of any Federal law, including the Indian Gaming Regulatory
Act (25 U.S.C. 2701 et seq.) or under any regulations
thereunder promulgated by the Secretary or the National
Indian Gaming Commission.
SEC. 207. HUNTING, FISHING, TRAPPING, GATHERING, AND WATER
RIGHTS.
Nothing in this title expands, reduces, or affects in any
manner any hunting, fishing, trapping, gathering, or water
rights of the Tribe and members of the Tribe.
TITLE III--UPPER MATTAPONI TRIBE
SEC. 301. FINDINGS.
Congress finds that--
(1) during the period of 1607 through 1646, the
Chickahominy Indian Tribes--
(A) lived approximately 20 miles from Jamestown; and
(B) were significantly involved in English-Indian affairs;
(2) Mattaponi Indians, who later joined the Chickahominy
Indians, lived a greater distance from Jamestown;
(3) in 1646, the Chickahominy Indians moved to Mattaponi
River basin, away from the English;
(4) in 1661, the Chickahominy Indians sold land at a place
known as ``the cliffs'' on the Mattaponi River;
(5) in 1669, the Chickahominy Indians--
(A) appeared in the Virginia Colony's census of Indian
bowmen; and
(B) lived in ``New Kent'' County, which included the
Mattaponi River basin at that time;
(6) in 1677, the Chickahominy and Mattaponi Indians were
subjects of the Queen of Pamunkey, who was a signatory to the
Treaty of 1677 with the King of England;
(7) in 1683, after a Mattaponi town was attacked by Seneca
Indians, the Mattaponi Indians took refuge with the
Chickahominy Indians, and the history of the 2 groups was
intertwined for many years thereafter;
(8) in 1695, the Chickahominy and Mattaponi Indians--
(A) were assigned a reservation by the Virginia Colony; and
(B) traded land of the reservation for land at the place
known as ``the cliffs'' (which, as of the date of enactment
of this Act, is the Mattaponi Indian Reservation), which had
been owned by the Mattaponi Indians before 1661;
(9) in 1711, a Chickahominy boy attended the Indian School
at the College of William and Mary;
(10) in 1726, the Virginia Colony discontinued funding of
interpreters for the Chickahominy and Mattaponi Indian
Tribes;
(11) James Adams, who served as an interpreter to the
Indian tribes known as of the date of enactment of this Act
as the ``Upper Mattaponi Indian Tribe'' and ``Chickahominy
Indian Tribe'', elected to stay with the Upper Mattaponi
Indians;
(12) today, a majority of the Upper Mattaponi Indians have
``Adams'' as their surname;
(13) in 1787, Thomas Jefferson, in Notes on the
Commonwealth of Virginia, mentioned the Mattaponi Indians on
a reservation in King William County and said that
Chickahominy Indians were ``blended'' with the Mattaponi
Indians and nearby Pamunkey Indians;
(14) in 1850, the census of the United States revealed a
nucleus of approximately 10 families, all ancestral to modern
Upper Mattaponi Indians, living in central King William
County, Virginia, approximately 10 miles from the
reservation;
(15) during the period of 1853 through 1884, King William
County marriage records listed Upper Mattaponis as
``Indians'' in marrying people residing on the reservation;
(16) during the period of 1884 through the present, county
marriage records usually refer to Upper Mattaponis as
``Indians'';
(17) in 1901, Smithsonian anthropologist James Mooney heard
about the Upper Mattaponi Indians but did not visit them;
(18) in 1928, University of Pennsylvania anthropologist
Frank Speck published a book on modern Virginia Indians with
a section on the Upper Mattaponis;
(19) from 1929 until 1930, the leadership of the Upper
Mattaponi Indians opposed the use of a ``colored''
designation in the 1930 United States census and won a
compromise in which the Indian ancestry of the Upper
Mattaponis was recorded but questioned;
(20) during the period of 1942 through 1945--
(A) the leadership of the Upper Mattaponi Indians, with the
help of Frank Speck and others, fought against the induction
of young men of the Tribe into ``colored'' units in the Armed
Forces of the United States; and
(B) a tribal roll for the Upper Mattaponi Indians was
compiled;
(21) from 1945 to 1946, negotiations took place to admit
some of the young people of the Upper Mattaponi to high
schools for Federal Indians (especially at Cherokee) because
no high school coursework was available for Indians in
Virginia schools; and
(22) in 1983, the Upper Mattaponi Indians applied for and
won State recognition as an Indian tribe.
SEC. 302. DEFINITIONS.
In this title:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(2) Tribal member.--The term ``tribal member'' means--
(A) an individual who is an enrolled member of the Tribe as
of the date of enactment of this Act; and
(B) an individual who has been placed on the membership
rolls of the Tribe in accordance with this title.
(3) Tribe.--The term ``Tribe'' means the Upper Mattaponi
Tribe.
SEC. 303. FEDERAL RECOGNITION.
(a) Federal Recognition.--
(1) In general.--Federal recognition is extended to the
Tribe.
(2) Applicability of laws.--All laws (including
regulations) of the United States of general applicability to
Indians or nations, Indian tribes, or bands of Indians
(including the Act of June 18, 1934 (25 U.S.C. 461 et seq.))
that are not inconsistent with this title shall be applicable
to the Tribe and tribal members.
(b) Federal Services and Benefits.--
(1) In general.--On and after the date of enactment of this
Act, the Tribe and tribal members shall be eligible for all
services and benefits provided by the Federal Government to
federally recognized Indian tribes without regard to the
existence of a reservation for the Tribe.
(2) Service area.--For the purpose of the delivery of
Federal services to tribal members, the service area of the
Tribe shall be considered to be the area within 25 miles of
the Sharon Indian School at 13383 King William Road, King
William County, Virginia.
SEC. 304. MEMBERSHIP; GOVERNING DOCUMENTS.
The membership roll and governing documents of the Tribe
shall be the most recent membership roll and governing
documents, respectively, submitted by the Tribe to the
Secretary before the date of enactment of this Act.
SEC. 305. GOVERNING BODY.
The governing body of the Tribe shall be--
(1) the governing body of the Tribe in place as of the date
of enactment of this Act; or
(2) any subsequent governing body elected in accordance
with the election procedures specified in the governing
documents of the Tribe.
SEC. 306. RESERVATION OF THE TRIBE.
(a) In General.--Upon the request of the Tribe, the
Secretary of the Interior--
(1) shall take into trust for the benefit of the Tribe any
land held in fee by the Tribe that was acquired by the Tribe
on or before January 1, 2007, if such lands are located
within the boundaries of King William County, Caroline
County, Hanover County, King and Queen County, and New Kent
County, Virginia; and
(2) may take into trust for the benefit of the Tribe any
land held in fee by the Tribe, if such lands are located
within the boundaries of King William County, Caroline
County, Hanover County, King and Queen County, and New Kent
County, Virginia.
(b) Deadline for Determination.--The Secretary shall make a
final written determination not later than three years of the
date which the Tribe submits a request for land to be taken
into trust under subsection (a)(2) and shall immediately make
that determination available to the Tribe.
(c) Reservation Status.--Any land taken into trust for the
benefit of the Tribe pursuant to this paragraph shall, upon
request of the Tribe, be considered part of the reservation
of the Tribe.
(d) Gaming.--The Tribe may not conduct gaming activities as
a matter of claimed inherent authority or under the authority
of any Federal law, including the Indian Gaming Regulatory
Act (25 U.S.C. 2701 et seq.) or under any regulations
thereunder promulgated by the Secretary or the National
Indian Gaming Commission.
SEC. 307. HUNTING, FISHING, TRAPPING, GATHERING, AND WATER
RIGHTS.
Nothing in this title expands, reduces, or affects in any
manner any hunting, fishing, trapping, gathering, or water
rights of the Tribe and members of the Tribe.
TITLE IV--RAPPAHANNOCK TRIBE, INC.
SEC. 401. FINDINGS.
Congress finds that--
(1) during the initial months after Virginia was settled,
the Rappahannock Indians had 3 encounters with Captain John
Smith;
[[Page S936]]
(2) the first encounter occurred when the Rappahannock
weroance (headman)--
(A) traveled to Quiyocohannock (a principal town across the
James River from Jamestown), where he met with Smith to
determine whether Smith had been the ``great man'' who had
previously sailed into the Rappahannock River, killed a
Rappahannock weroance, and kidnapped Rappahannock people; and
(B) determined that Smith was too short to be that ``great
man'';
(3) on a second meeting, during John Smith's captivity
(December 16, 1607 to January 8, 1608), Smith was taken to
the Rappahannock principal village to show the people that
Smith was not the ``great man'';
(4) a third meeting took place during Smith's exploration
of the Chesapeake Bay (July to September 1608), when, after
the Moraughtacund Indians had stolen 3 women from the
Rappahannock King, Smith was prevailed upon to facilitate a
peaceful truce between the Rappahannock and the Moraughtacund
Indians;
(5) in the settlement, Smith had the 2 Indian tribes meet
on the spot of their first fight;
(6) when it was established that both groups wanted peace,
Smith told the Rappahannock King to select which of the 3
stolen women he wanted;
(7) the Moraughtacund King was given second choice among
the 2 remaining women, and Mosco, a Wighcocomoco (on the
Potomac River) guide, was given the third woman;
(8) in 1645, Captain William Claiborne tried unsuccessfully
to establish treaty relations with the Rappahannocks, as the
Rappahannocks had not participated in the Pamunkey-led
uprising in 1644, and the English wanted to ``treat with the
Rappahannocks or any other Indians not in amity with
Opechancanough, concerning serving the county against the
Pamunkeys'';
(9) in April 1651, the Rappahannocks conveyed a tract of
land to an English settler, Colonel Morre Fauntleroy;
(10) the deed for the conveyance was signed by Accopatough,
weroance of the Rappahannock Indians;
(11) in September 1653, Lancaster County signed a treaty
with Rappahannock Indians, the terms of which treaty--
(A) gave Rappahannocks the rights of Englishmen in the
county court; and
(B) attempted to make the Rappahannocks more accountable
under English law;
(12) in September 1653, Lancaster County defined and marked
the bounds of its Indian settlements;
(13) according to the Lancaster clerk of court, ``the tribe
called the great Rappahannocks lived on the Rappahannock
Creek just across the river above Tappahannock'';
(14) in September 1656, (Old) Rappahannock County (which,
as of the date of enactment of this Act, is comprised of
Richmond and Essex Counties, Virginia) signed a treaty with
Rappahannock Indians that--
(A) mirrored the Lancaster County treaty from 1653; and
(B) stated that--
(i) Rappahannocks were to be rewarded, in Roanoke, for
returning English fugitives; and
(ii) the English encouraged the Rappahannocks to send their
children to live among the English as servants, who the
English promised would be well-treated;
(15) in 1658, the Virginia Assembly revised a 1652 Act
stating that ``there be no grants of land to any Englishman
whatsoever de futuro until the Indians be first served with
the proportion of 50 acres of land for each bowman'';
(16) in 1669, the colony conducted a census of Virginia
Indians;
(17) as of the date of that census--
(A) the majority of the Rappahannocks were residing at
their hunting village on the north side of the Mattaponi
River; and
(B) at the time of the visit, census-takers were counting
only the Indian tribes along the rivers, which explains why
only 30 Rappahannock bowmen were counted on that river;
(18) the Rappahannocks used the hunting village on the
north side of the Mattaponi River as their primary residence
until the Rappahannocks were removed in 1684;
(19) in May 1677, the Treaty of Middle Plantation was
signed with England;
(20) the Pamunkey Queen Cockacoeske signed on behalf of the
Rappahannocks, ``who were supposed to be her tributaries'',
but before the treaty could be ratified, the Queen of
Pamunkey complained to the Virginia Colonial Council ``that
she was having trouble with Rappahannocks and Chickahominies,
supposedly tributaries of hers'';
(21) in November 1682, the Virginia Colonial Council
established a reservation for the Rappahannock Indians of
3,474 acres ``about the town where they dwelt'';
(22) the Rappahannock ``town'' was the hunting village on
the north side of the Mattaponi River, where the
Rappahannocks had lived throughout the 1670s;
(23) the acreage allotment of the reservation was based on
the 1658 Indian land act, which translates into a bowman
population of 70, or an approximate total Rappahannock
population of 350;
(24) in 1683, following raids by Iroquoian warriors on both
Indian and English settlements, the Virginia Colonial Council
ordered the Rappahannocks to leave their reservation and
unite with the Nanzatico Indians at Nanzatico Indian Town,
which was located across and up the Rappahannock River some
30 miles;
(25) between 1687 and 1699, the Rappahannocks migrated out
of Nanzatico, returning to the south side of the Rappahannock
River at Portobacco Indian Town;
(26) in 1706, by order of Essex County, Lieutenant Richard
Covington ``escorted'' the Portobaccos and Rappahannocks out
of Portobacco Indian Town, out of Essex County, and into King
and Queen County where they settled along the ridgeline
between the Rappahannock and Mattaponi Rivers, the site of
their ancient hunting village and 1682 reservation;
(27) during the 1760s, 3 Rappahannock girls were raised on
Thomas Nelson's Bleak Hill Plantation in King William County;
(28) of those girls--
(A) 1 married a Saunders man;
(B) 1 married a Johnson man; and
(C) 1 had 2 children, Edmund and Carter Nelson, fathered by
Thomas Cary Nelson;
(29) in the 19th century, those Saunders, Johnson, and
Nelson families are among the core Rappahannock families from
which the modern Tribe traces its descent;
(30) in 1819 and 1820, Edward Bird, John Bird (and his
wife), Carter Nelson, Edmund Nelson, and Carter Spurlock (all
Rappahannock ancestors) were listed on the tax roles of King
and Queen County and taxed at the county poor rate;
(31) Edmund Bird was added to the tax roles in 1821;
(32) those tax records are significant documentation
because the great majority of pre-1864 records for King and
Queen County were destroyed by fire;
(33) beginning in 1819, and continuing through the 1880s,
there was a solid Rappahannock presence in the membership at
Upper Essex Baptist Church;
(34) that was the first instance of conversion to
Christianity by at least some Rappahannock Indians;
(35) while 26 identifiable and traceable Rappahannock
surnames appear on the pre-1863 membership list, and 28 were
listed on the 1863 membership roster, the number of surnames
listed had declined to 12 in 1878 and had risen only slightly
to 14 by 1888;
(36) a reason for the decline is that in 1870, a Methodist
circuit rider, Joseph Mastin, secured funds to purchase land
and construct St. Stephens Baptist Church for the
Rappahannocks living nearby in Caroline County;
(37) Mastin referred to the Rappahannocks during the period
of 1850 to 1870 as ``Indians, having a great need for moral
and Christian guidance'';
(38) St. Stephens was the dominant tribal church until the
Rappahannock Indian Baptist Church was established in 1964;
(39) at both churches, the core Rappahannock family names
of Bird, Clarke, Fortune, Johnson, Nelson, Parker, and
Richardson predominate;
(40) during the early 1900s, James Mooney, noted
anthropologist, maintained correspondence with the
Rappahannocks, surveying them and instructing them on how to
formalize their tribal government;
(41) in November 1920, Speck visited the Rappahannocks and
assisted them in organizing the fight for their sovereign
rights;
(42) in 1921, the Rappahannocks were granted a charter from
the Commonwealth of Virginia formalizing their tribal
government;
(43) Speck began a professional relationship with the Tribe
that would last more than 30 years and document Rappahannock
history and traditions as never before;
(44) in April 1921, Rappahannock Chief George Nelson asked
the Governor of Virginia, Westmoreland Davis, to forward a
proclamation to the President of the United States, along
with an appended list of tribal members and a handwritten
copy of the proclamation itself;
(45) the letter concerned Indian freedom of speech and
assembly nationwide;
(46) in 1922, the Rappahannocks established a formal school
at Lloyds, Essex County, Virginia;
(47) prior to establishment of the school, Rappahannock
children were taught by a tribal member in Central Point,
Caroline County, Virginia;
(48) in December 1923, Rappahannock Chief George Nelson
testified before Congress appealing for a $50,000
appropriation to establish an Indian school in Virginia;
(49) in 1930, the Rappahannocks were engaged in an ongoing
dispute with the Commonwealth of Virginia and the United
States Census Bureau about their classification in the 1930
Federal census;
(50) in January 1930, Rappahannock Chief Otho S. Nelson
wrote to Leon Truesdell, Chief Statistician of the United
States Census Bureau, asking that the 218 enrolled
Rappahannocks be listed as Indians;
(51) in February 1930, Truesdell replied to Nelson saying
that ``special instructions'' were being given about
classifying Indians;
(52) in April 1930, Nelson wrote to William M. Steuart at
the Census Bureau asking about the enumerators' failure to
classify his people as Indians, saying that enumerators had
not asked the question about race when they interviewed his
people;
(53) in a followup letter to Truesdell, Nelson reported
that the enumerators were ``flatly denying'' his people's
request to be listed as Indians and that the race question
was completely avoided during interviews;
(54) the Rappahannocks had spoken with Caroline and Essex
County enumerators, and
[[Page S937]]
with John M.W. Green at that point, without success;
(55) Nelson asked Truesdell to list people as Indians if he
sent a list of members;
(56) the matter was settled by William Steuart, who
concluded that the Bureau's rule was that people of Indian
descent could be classified as ``Indian'' only if Indian
``blood'' predominated and ``Indian'' identity was accepted
in the local community;
(57) the Virginia Vital Statistics Bureau classed all
nonreservation Indians as ``Negro'', and it failed to see why
``an exception should be made'' for the Rappahannocks;
(58) therefore, in 1925, the Indian Rights Association took
on the Rappahannock case to assist the Rappahannocks in
fighting for their recognition and rights as an Indian tribe;
(59) during the Second World War, the Pamunkeys,
Mattaponis, Chickahominies, and Rappahannocks had to fight
the draft boards with respect to their racial identities;
(60) the Virginia Vital Statistics Bureau insisted that
certain Indian draftees be inducted into Negro units;
(61) finally, 3 Rappahannocks were convicted of violating
the Federal draft laws and, after spending time in a Federal
prison, were granted conscientious objector status and served
out the remainder of the war working in military hospitals;
(62) in 1943, Frank Speck noted that there were
approximately 25 communities of Indians left in the Eastern
United States that were entitled to Indian classification,
including the Rappahannocks;
(63) in the 1940s, Leon Truesdell, Chief Statistician, of
the United States Census Bureau, listed 118 members in the
Rappahannock Tribe in the Indian population of Virginia;
(64) on April 25, 1940, the Office of Indian Affairs of the
Department of the Interior included the Rappahannocks on a
list of Indian tribes classified by State and by agency;
(65) in 1948, the Smithsonian Institution Annual Report
included an article by William Harlen Gilbert entitled,
``Surviving Indian Groups of the Eastern United States'',
which included and described the Rappahannock Tribe;
(66) in the late 1940s and early 1950s, the Rappahannocks
operated a school at Indian Neck;
(67) the State agreed to pay a tribal teacher to teach 10
students bused by King and Queen County to Sharon Indian
School in King William County, Virginia;
(68) in 1965, Rappahannock students entered Marriott High
School (a White public school) by executive order of the
Governor of Virginia;
(69) in 1972, the Rappahannocks worked with the Coalition
of Eastern Native Americans to fight for Federal recognition;
(70) in 1979, the Coalition established a pottery and
artisans company, operating with other Virginia tribes;
(71) in 1980, the Rappahannocks received funding through
the Administration for Native Americans of the Department of
Health and Human Services to develop an economic program for
the Tribe; and
(72) in 1983, the Rappahannocks received State recognition
as an Indian tribe.
SEC. 402. DEFINITIONS.
In this title:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(2) Tribal member.--The term ``tribal member'' means--
(A) an individual who is an enrolled member of the Tribe as
of the date of enactment of this Act; and
(B) an individual who has been placed on the membership
rolls of the Tribe in accordance with this title.
(3) Tribe.--
(A) In general.--The term ``Tribe'' means the organization
possessing the legal name Rappahannock Tribe, Inc.
(B) Exclusions.--The term ``Tribe'' does not include any
other Indian tribe, subtribe, band, or splinter group the
members of which represent themselves as Rappahannock
Indians.
SEC. 403. FEDERAL RECOGNITION.
(a) Federal Recognition.--
(1) In general.--Federal recognition is extended to the
Tribe.
(2) Applicability of laws.--All laws (including
regulations) of the United States of general applicability to
Indians or nations, Indian tribes, or bands of Indians
(including the Act of June 18, 1934 (25 U.S.C. 461 et seq.))
that are not inconsistent with this title shall be applicable
to the Tribe and tribal members.
(b) Federal Services and Benefits.--
(1) In general.--On and after the date of enactment of this
Act, the Tribe and tribal members shall be eligible for all
services and benefits provided by the Federal Government to
federally recognized Indian tribes without regard to the
existence of a reservation for the Tribe.
(2) Service area.--For the purpose of the delivery of
Federal services to tribal members, the service area of the
Tribe shall be considered to be the area comprised of King
and Queen County, Caroline County, Essex County, and King
William County, Virginia.
SEC. 404. MEMBERSHIP; GOVERNING DOCUMENTS.
The membership roll and governing documents of the Tribe
shall be the most recent membership roll and governing
documents, respectively, submitted by the Tribe to the
Secretary before the date of enactment of this Act.
SEC. 405. GOVERNING BODY.
The governing body of the Tribe shall be--
(1) the governing body of the Tribe in place as of the date
of enactment of this Act; or
(2) any subsequent governing body elected in accordance
with the election procedures specified in the governing
documents of the Tribe.
SEC. 406. RESERVATION OF THE TRIBE.
(a) In General.--Upon the request of the Tribe, the
Secretary of the Interior--
(1) shall take into trust for the benefit of the Tribe any
land held in fee by the Tribe that was acquired by the Tribe
on or before January 1, 2007, if such lands are located
within the boundaries of King and Queen County, Stafford
County, Spotsylvania County, Richmond County, Essex County,
and Caroline County, Virginia; and
(2) may take into trust for the benefit of the Tribe any
land held in fee by the Tribe, if such lands are located
within the boundaries of King and Queen County, Richmond
County, Lancaster County, King George County, Essex County,
Caroline County, New Kent County, King William County, and
James City County, Virginia.
(b) Deadline for Determination.--The Secretary shall make a
final written determination not later than three years of the
date which the Tribe submits a request for land to be taken
into trust under subsection (a)(2) and shall immediately make
that determination available to the Tribe.
(c) Reservation Status.--Any land taken into trust for the
benefit of the Tribe pursuant to this paragraph shall, upon
request of the Tribe, be considered part of the reservation
of the Tribe.
(d) Gaming.--The Tribe may not conduct gaming activities as
a matter of claimed inherent authority or under the authority
of any Federal law, including the Indian Gaming Regulatory
Act (25 U.S.C. 2701 et seq.) or under any regulations
thereunder promulgated by the Secretary or the National
Indian Gaming Commission.
SEC. 407. HUNTING, FISHING, TRAPPING, GATHERING, AND WATER
RIGHTS.
Nothing in this title expands, reduces, or affects in any
manner any hunting, fishing, trapping, gathering, or water
rights of the Tribe and members of the Tribe.
TITLE V--MONACAN INDIAN NATION
SEC. 501. FINDINGS.
Congress finds that--
(1) in 1677, the Monacan Tribe signed the Treaty of Middle
Plantation between Charles II of England and 12 Indian
``Kings and Chief Men'';
(2) in 1722, in the Treaty of Albany, Governor Spotswood
negotiated to save the Virginia Indians from extinction at
the hands of the Iroquois;
(3) specifically mentioned in the negotiations were the
Monacan tribes of the Totero (Tutelo), Saponi, Ocheneeches
(Occaneechi), Stengenocks, and Meipontskys;
(4) in 1790, the first national census recorded Benjamin
Evans and Robert Johns, both ancestors of the present Monacan
community, listed as ``white'' with mulatto children;
(5) in 1782, tax records also began for those families;
(6) in 1850, the United States census recorded 29 families,
mostly large, with Monacan surnames, the members of which are
genealogically related to the present community;
(7) in 1870, a log structure was built at the Bear Mountain
Indian Mission;
(8) in 1908, the structure became an Episcopal Mission and,
as of the date of enactment of this Act, the structure is
listed as a landmark on the National Register of Historic
Places;
(9) in 1920, 304 Amherst Indians were identified in the
United States census;
(10) from 1930 through 1931, numerous letters from Monacans
to the Bureau of the Census resulted from the decision of Dr.
Walter Plecker, former head of the Bureau of Vital Statistics
of the Commonwealth of Virginia, not to allow Indians to
register as Indians for the 1930 census;
(11) the Monacans eventually succeeded in being allowed to
claim their race, albeit with an asterisk attached to a note
from Dr. Plecker stating that there were no Indians in
Virginia;
(12) in 1947, D'Arcy McNickle, a Salish Indian, saw some of
the children at the Amherst Mission and requested that the
Cherokee Agency visit them because they appeared to be
Indian;
(13) that letter was forwarded to the Department of the
Interior, Office of Indian Affairs, Chicago, Illinois;
(14) Chief Jarrett Blythe of the Eastern Band of Cherokee
did visit the Mission and wrote that he ``would be willing to
accept these children in the Cherokee school'';
(15) in 1979, a Federal Coalition of Eastern Native
Americans established the entity known as ``Monacan Co-
operative Pottery'' at the Amherst Mission;
(16) some important pieces were produced at Monacan Co-
operative Pottery, including a piece that was sold to the
Smithsonian Institution;
(17) the Mattaponi-Pamunkey-Monacan Consortium, established
in 1981, has since been organized as a nonprofit corporation
that serves as a vehicle to obtain funds for those Indian
tribes from the Department of Labor under Native American
programs;
(18) in 1989, the Monacan Tribe was recognized by the
Commonwealth of Virginia,
[[Page S938]]
which enabled the Tribe to apply for grants and participate
in other programs; and
(19) in 1993, the Monacan Tribe received tax-exempt status
as a nonprofit corporation from the Internal Revenue Service.
SEC. 502. DEFINITIONS.
In this title:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(2) Tribal member.--The term ``tribal member'' means--
(A) an individual who is an enrolled member of the Tribe as
of the date of enactment of this Act; and
(B) an individual who has been placed on the membership
rolls of the Tribe in accordance with this title.
(3) Tribe.--The term ``Tribe'' means the Monacan Indian
Nation.
SEC. 503. FEDERAL RECOGNITION.
(a) Federal Recognition.--
(1) In general.--Federal recognition is extended to the
Tribe.
(2) Applicability of laws.--All laws (including
regulations) of the United States of general applicability to
Indians or nations, Indian tribes, or bands of Indians
(including the Act of June 18, 1934 (25 U.S.C. 461 et seq.))
that are not inconsistent with this title shall be applicable
to the Tribe and tribal members.
(b) Federal Services and Benefits.--
(1) In general.--On and after the date of enactment of this
Act, the Tribe and tribal members shall be eligible for all
services and benefits provided by the Federal Government to
federally recognized Indian tribes without regard to the
existence of a reservation for the Tribe.
(2) Service area.--For the purpose of the delivery of
Federal services to tribal members, the service area of the
Tribe shall be considered to be the area comprised of all
land within 25 miles from the center of Amherst, Virginia.
SEC. 504. MEMBERSHIP; GOVERNING DOCUMENTS.
The membership roll and governing documents of the Tribe
shall be the most recent membership roll and governing
documents, respectively, submitted by the Tribe to the
Secretary before the date of enactment of this Act.
SEC. 505. GOVERNING BODY.
The governing body of the Tribe shall be--
(1) the governing body of the Tribe in place as of the date
of enactment of this Act; or
(2) any subsequent governing body elected in accordance
with the election procedures specified in the governing
documents of the Tribe.
SEC. 506. RESERVATION OF THE TRIBE.
(a) In General.--Upon the request of the Tribe, the
Secretary of the Interior--
(1) shall take into trust for the benefit of the Tribe any
land held in fee by the Tribe that was acquired by the Tribe
on or before January 1, 2007, if such lands are located
within the boundaries of Amherst County, Virginia; and
(2) may take into trust for the benefit of the Tribe any
land held in fee by the Tribe, if such lands are located
within the boundaries of Amherst County, Virginia, and those
parcels in Rockbridge County, Virginia (subject to the
consent of the local unit of government), owned by Mr. J.
Poole, described as East 731 Sandbridge (encompassing
approximately 4.74 acres) and East 731 (encompassing
approximately 5.12 acres).
(b) Deadline for Determination.--The Secretary shall make a
final written determination not later than three years of the
date which the Tribe submits a request for land to be taken
into trust under subsection (a)(2) and shall immediately make
that determination available to the Tribe.
(c) Reservation Status.--Any land taken into trust for the
benefit of the Tribe pursuant to this paragraph shall, upon
request of the Tribe, be considered part of the reservation
of the Tribe.
(d) Gaming.--The Tribe may not conduct gaming activities as
a matter of claimed inherent authority or under the authority
of any Federal law, including the Indian Gaming Regulatory
Act (25 U.S.C. 2701 et seq.) or under any regulations
thereunder promulgated by the Secretary or the National
Indian Gaming Commission.
SEC. 507. HUNTING, FISHING, TRAPPING, GATHERING, AND WATER
RIGHTS.
Nothing in this title expands, reduces, or affects in any
manner any hunting, fishing, trapping, gathering, or water
rights of the Tribe and members of the Tribe.
TITLE VI--NANSEMOND INDIAN TRIBE
SEC. 601. FINDINGS.
Congress finds that--
(1) from 1607 until 1646, Nansemond Indians--
(A) lived approximately 30 miles from Jamestown; and
(B) were significantly involved in English-Indian affairs;
(2) after 1646, there were 2 sections of Nansemonds in
communication with each other, the Christianized Nansemonds
in Norfolk County, who lived as citizens, and the
traditionalist Nansemonds, who lived further west;
(3) in 1638, according to an entry in a 17th century sermon
book still owned by the Chief's family, a Norfolk County
Englishman married a Nansemond woman;
(4) that man and woman are lineal ancestors of all of
members of the Nansemond Indian tribe alive as of the date of
enactment of this Act, as are some of the traditionalist
Nansemonds;
(5) in 1669, the 2 Nansemond sections appeared in Virginia
Colony's census of Indian bowmen;
(6) in 1677, Nansemond Indians were signatories to the
Treaty of 1677 with the King of England;
(7) in 1700 and 1704, the Nansemonds and other Virginia
Indian tribes were prevented by Virginia Colony from making a
separate peace with the Iroquois;
(8) Virginia represented those Indian tribes in the final
Treaty of Albany, 1722;
(9) in 1711, a Nansemond boy attended the Indian School at
the College of William and Mary;
(10) in 1727, Norfolk County granted William Bass and his
kinsmen the ``Indian privileges'' of clearing swamp land and
bearing arms (which privileges were forbidden to other non-
Whites) because of their Nansemond ancestry, which meant that
Bass and his kinsmen were original inhabitants of that land;
(11) in 1742, Norfolk County issued a certificate of
Nansemond descent to William Bass;
(12) from the 1740s to the 1790s, the traditionalist
section of the Nansemond tribe, 40 miles west of the
Christianized Nansemonds, was dealing with reservation land;
(13) the last surviving members of that section sold out in
1792 with the permission of the Commonwealth of Virginia;
(14) in 1797, Norfolk County issued a certificate stating
that William Bass was of Indian and English descent, and that
his Indian line of ancestry ran directly back to the early
18th century elder in a traditionalist section of Nansemonds
on the reservation;
(15) in 1833, Virginia enacted a law enabling people of
European and Indian descent to obtain a special certificate
of ancestry;
(16) the law originated from the county in which Nansemonds
lived, and mostly Nansemonds, with a few people from other
counties, took advantage of the new law;
(17) a Methodist mission established around 1850 for
Nansemonds is currently a standard Methodist congregation
with Nansemond members;
(18) in 1901, Smithsonian anthropologist James Mooney--
(A) visited the Nansemonds; and
(B) completed a tribal census that counted 61 households
and was later published;
(19) in 1922, Nansemonds were given a special Indian school
in the segregated school system of Norfolk County;
(20) the school survived only a few years;
(21) in 1928, University of Pennsylvania anthropologist
Frank Speck published a book on modern Virginia Indians that
included a section on the Nansemonds; and
(22) the Nansemonds were organized formally, with elected
officers, in 1984, and later applied for and received State
recognition.
SEC. 602. DEFINITIONS.
In this title:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(2) Tribal member.--The term ``tribal member'' means--
(A) an individual who is an enrolled member of the Tribe as
of the date of enactment of this Act; and
(B) an individual who has been placed on the membership
rolls of the Tribe in accordance with this title.
(3) Tribe.--The term ``Tribe'' means the Nansemond Indian
Tribe.
SEC. 603. FEDERAL RECOGNITION.
(a) Federal Recognition.--
(1) In general.--Federal recognition is extended to the
Tribe.
(2) Applicability of laws.--All laws (including
regulations) of the United States of general applicability to
Indians or nations, Indian tribes, or bands of Indians
(including the Act of June 18, 1934 (25 U.S.C. 461 et seq.))
that are not inconsistent with this title shall be applicable
to the Tribe and tribal members.
(b) Federal Services and Benefits.--
(1) In general.--On and after the date of enactment of this
Act, the Tribe and tribal members shall be eligible for all
services and benefits provided by the Federal Government to
federally recognized Indian tribes without regard to the
existence of a reservation for the Tribe.
(2) Service area.--For the purpose of the delivery of
Federal services to tribal members, the service area of the
Tribe shall be considered to be the area comprised of the
cities of Chesapeake, Hampton, Newport News, Norfolk,
Portsmouth, Suffolk, and Virginia Beach, Virginia.
SEC. 604. MEMBERSHIP; GOVERNING DOCUMENTS.
The membership roll and governing documents of the Tribe
shall be the most recent membership roll and governing
documents, respectively, submitted by the Tribe to the
Secretary before the date of enactment of this Act.
SEC. 605. GOVERNING BODY.
The governing body of the Tribe shall be--
(1) the governing body of the Tribe in place as of the date
of enactment of this Act; or
(2) any subsequent governing body elected in accordance
with the election procedures specified in the governing
documents of the Tribe.
SEC. 606. RESERVATION OF THE TRIBE.
(a) In General.--Upon the request of the Tribe, the
Secretary of the Interior--
(1) shall take into trust for the benefit of the Tribe any
land held in fee by the Tribe that was acquired by the Tribe
on or before January 1, 2007, if such lands are located
within the boundaries of the city of Suffolk, the city of
Chesapeake, or Isle of Wight County, Virginia; and
[[Page S939]]
(2) may take into trust for the benefit of the Tribe any
land held in fee by the Tribe, if such lands are located
within the boundaries of the city of Suffolk, the city of
Chesapeake, or Isle of Wight County, Virginia.
(b) Deadline for Determination.--The Secretary shall make a
final written determination not later than three years of the
date which the Tribe submits a request for land to be taken
into trust under subsection (a)(2) and shall immediately make
that determination available to the Tribe.
(c) Reservation Status.--Any land taken into trust for the
benefit of the Tribe pursuant to this paragraph shall, upon
request of the Tribe, be considered part of the reservation
of the Tribe.
(d) Gaming.--The Tribe may not conduct gaming activities as
a matter of claimed inherent authority or under the authority
of any Federal law, including the Indian Gaming Regulatory
Act (25 U.S.C. 2701 et seq.) or under any regulations
thereunder promulgated by the Secretary or the National
Indian Gaming Commission.
SEC. 607. HUNTING, FISHING, TRAPPING, GATHERING, AND WATER
RIGHTS.
Nothing in this title expands, reduces, or affects in any
manner any hunting, fishing, trapping, gathering, or water
rights of the Tribe and members of the Tribe.
TITLE VII--EMINENT DOMAIN
SEC. 701. LIMITATION.
Eminent domain may not be used to acquire lands in fee or
in trust for an Indian tribe recognized under this Act.
______
By Mr. CORNYN (for himself, Mr. Whitehouse, Mr. Lee, Mr.
Blumenthal, Mr. Hatch, Mr. Coons, and Mr. Graham):
S. 467. A bill to reduce recidivism and increase public safety, and
for other purposes; to the Committee on the Judiciary.
Mr. CORNYN. Mr. President, I ask unanimous consent that the text of
the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 467
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Corrections Oversight,
Recidivism Reduction, and Eliminating Costs for Taxpayers In
Our National System Act of 2015'' or the ``CORRECTIONS Act''.
SEC. 2. RECIDIVISM REDUCTION PROGRAMMING AND PRODUCTIVE
ACTIVITIES.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Attorney General shall--
(1) conduct a review of recidivism reduction programming
and productive activities, including prison jobs, offered in
correctional institutions, including programming and
activities offered in State correctional institutions, which
shall include a review of research on the effectiveness of
such programs;
(2) conduct a survey to identify products, including
products purchased by Federal agencies, that are currently
manufactured overseas and could be manufactured by prisoners
participating in a prison work program without reducing job
opportunities for other workers in the United States; and
(3) submit to the Committee on the Judiciary and the
Committee on Appropriations of the Senate and the Committee
on the Judiciary and the Committee on Appropriations of the
House of Representatives a strategic plan for the expansion
of recidivism reduction programming and productive
activities, including prison jobs, in Bureau of Prisons
facilities required by section 3621(h)(1) of title 18, United
States Code, as added by subsection (b).
(b) Amendment.--Section 3621 of title 18, United States
Code, is amended by adding at the end the following:
``(h) Recidivism Reduction Programming and Productive
Activities.--
``(1) In general.--The Director of the Bureau of Prisons,
shall, subject to the availability of appropriations, make
available to all eligible prisoners appropriate recidivism
reduction programming or productive activities, including
prison jobs, in accordance with paragraph (2).
``(2) Expansion period.--
``(A) In general.--In carrying out this subsection, the
Director of the Bureau of Prisons shall have 6 years
beginning on the date of enactment of this subsection to
ensure appropriate recidivism reduction programming and
productive activities, including prison jobs, are available
for all eligible prisoners.
``(B) Certification.--
``(i) In general.--The National Institute of Corrections
shall evaluate all recidivism reduction programming or
productive activities that are made available to eligible
prisoners and determine whether such programming or
activities may be certified as evidence-based and effective
at reducing or mitigating offender risk and recidivism.
``(ii) Considerations.--In determining whether or not to
issue a certification under clause (i), the National
Institute of Corrections shall consult with internal or
external program evaluation experts, including the Office of
Management and Budget and the Comptroller General of the
United States to identify appropriate evaluation
methodologies for each type of program offered, and may use
analyses of similar programs conducted in other correctional
settings.
``(3) Recidivism reduction partnerships.--Not later than 18
months after the date of enactment of this subsection, the
Attorney General shall issue regulations requiring the
official in charge of each correctional facility to ensure,
subject to the availability of appropriations, that
appropriate recidivism reduction programming and productive
activities, including prison jobs, are available for all
eligible prisoners within the time period specified in
paragraph (2), by entering into partnerships with the
following:
``(A) Nonprofit organizations, including faith-based and
community-based organizations, that provide recidivism
reduction programming, on a paid or volunteer basis.
``(B) Educational institutions that will deliver academic
classes in Bureau of Prisons facilities, on a paid or
volunteer basis.
``(C) Private entities that will, on a volunteer basis--
``(i) deliver occupational and vocational training and
certifications in Bureau of Prisons facilities;
``(ii) provide equipment to facilitate occupational and
vocational training or employment opportunities for
prisoners;
``(iii) employ prisoners; or
``(iv) assist prisoners in prerelease custody or supervised
release in finding employment.
``(4) Assignments.--In assigning prisoners to recidivism
reduction programming and productive activities, the Director
of the Bureau of Prisons shall use the Post-Sentencing Risk
and Needs Assessment System described in section 3621A and
shall ensure that--
``(A) to the extent practicable, prisoners are separated
from prisoners of other risk classifications in accordance
with best practices for effective recidivism reduction;
``(B) a prisoner who has been classified as low risk and
without need for recidivism reduction programming shall
participate in and successfully complete productive
activities, including prison jobs, in order to maintain a
low-risk classification;
``(C) a prisoner who has successfully completed all
recidivism reduction programming to which the prisoner was
assigned shall participate in productive activities,
including a prison job; and
``(D) to the extent practicable, each eligible prisoner
shall participate in and successfully complete recidivism
reduction programming or productive activities, including
prison jobs, throughout the entire term of incarceration of
the prisoner.
``(5) Mentoring services.--Any person who provided
mentoring services to a prisoner while the prisoner was in a
penal or correctional facility of the Bureau of Prisons shall
be permitted to continue such services after the prisoner has
been transferred into prerelease custody, unless the person
in charge of the penal or correctional facility of the Bureau
of Prisons demonstrates, in a written document submitted to
the person, that such services would be a significant
security risk to the prisoner, persons who provide such
services, or any other person.
``(6) Recidivism reduction program incentives and
rewards.--Prisoners who have successfully completed
recidivism reduction programs and productive activities shall
be eligible for the following:
``(A) Time credits.--
``(i) In general.--Subject to clauses (ii) and (iii), a
prisoner who has successfully completed a recidivism
reduction program or productive activity that has been
certified under paragraph (2)(B) shall receive time credits
of 5 days for each period of 30 days of successful completion
of such program or activity. A prisoner who is classified as
low risk shall receive additional time credits of 5 days for
each period of 30 days of successful completion of such
program or activity.
``(ii) Availability.--A prisoner may not receive time
credits under this subparagraph for successfully completing a
recidivism reduction program or productive activity--
``(I) before the date of enactment of this subsection; or
``(II) during official detention before the date on which
the prisoner's sentence commences under section 3585(a).
``(iii) Exclusions.--No credit shall be awarded under this
subparagraph to a prisoner serving a sentence for a second or
subsequent conviction for a Federal offense imposed after the
date on which the prisoner's first such conviction became
final. No credit shall be awarded under this subparagraph to
a prisoner who is in criminal history category VI at the time
of sentencing. No credit shall be awarded under this
subparagraph to any prisoner serving a sentence of
imprisonment for conviction for any of the following
offenses:
``(I) A Federal crime of terrorism, as defined under
section 2332b(g)(5).
``(II) A Federal crime of violence, as defined under
section 16.
``(III) A Federal sex offense, as described in section 111
of the Sex Offender Registration and Notification Act (42
U.S.C. 16911).
``(IV) A violation of section 1962.
``(V) Engaging in a continuing criminal enterprise, as
defined in section 408 of the Controlled Substances Act (21
U.S.C. 848).
``(VI) A Federal fraud offense for which the prisoner
received a sentence of imprisonment of more than 15 years.
``(VII) A Federal crime involving child exploitation, as
defined in section 2 of the PROTECT Our Children Act of 2008
(42 U.S.C. 17601).
[[Page S940]]
``(iv) Identification of covered offenses.--Not later than
1 year after the date of enactment of this subsection, the
United States Sentencing Commission shall prepare and submit
to the Director of the Bureau of Prisons a list of all
Federal offenses described in subclauses (I) through (VII) of
clause (iii), and shall update such list on an annual basis.
``(B) Other incentives.--The Bureau of Prisons shall
develop policies to provide appropriate incentives for
successful completion of recidivism reduction programming and
productive activities, other than time credit pursuant to
subparagraph (A), including incentives for prisoners who are
precluded from earning credit under subparagraph (A)(iii).
Such incentives may include additional telephone or
visitation privileges for use with family, close friends,
mentors, and religious leaders.
``(C) Penalties.--The Bureau of Prisons may reduce rewards
a prisoner has previously earned under subparagraph (A) for
prisoners who violate the rules of the penal or correctional
facility in which the prisoner is imprisoned, a recidivism
reduction program, or a productive activity.
``(D) Relation to other incentive programs.--The incentives
described in this paragraph shall be in addition to any other
rewards or incentives for which a prisoner may be eligible,
except that a prisoner shall not be eligible for the time
credits described in subparagraph (A) if the prisoner has
accrued time credits under another provision of law based
solely upon participation in, or successful completion of,
such program.
``(7) Successful completion.--For purposes of this
subsection, a prisoner--
``(A) shall be considered to have successfully completed a
recidivism reduction program or productive activity, if the
Bureau of Prisons determines that the prisoner--
``(i) regularly attended and participated in the recidivism
reduction program or productive activity;
``(ii) regularly completed assignments or tasks in a manner
that allowed the prisoner to realize the criminogenic
benefits of the recidivism reduction program or productive
activity;
``(iii) did not regularly engage in disruptive behavior
that seriously undermined the administration of the
recidivism reduction program or productive activity; and
``(iv) satisfied the requirements of clauses (i) through
(iii) for a time period that is not less than 30 days and
allowed the prisoner to realize the criminogenic benefits of
the recidivism reduction program or productive activity; and
``(B) for purposes of paragraph (6)(A), may be given credit
for successful completion of a recidivism reduction program
or productive activity for the time period during which the
prisoner participated in such program or activity if the
prisoner satisfied the requirements of subparagraph (A)
during such time period, notwithstanding that the prisoner
continues to participate in such program or activity.
``(8) Definitions.--In this subsection:
``(A) Eligible prisoner.--For purposes of this subsection,
the term `eligible prisoner'--
``(i) means a prisoner serving a sentence of incarceration
for conviction of a Federal offense; and
``(ii) does not include any prisoner who the Bureau of
Prisons determines--
``(I) is medically unable to successfully complete
recidivism reduction programming or productive activities;
``(II) would present a security risk if permitted to
participate in recidivism reduction programming; or
``(III) is serving a sentence of incarceration of less than
1 month.
``(B) Productive activity.--The term `productive
activity'--
``(i) means a group or individual activity, including
holding a job as part of a prison work program, that is
designed to allow prisoners classified as having a lower risk
of recidivism to maintain such classification, when offered
to such prisoners; and
``(ii) may include the delivery of the activities described
in subparagraph (C)(i)(II) to other prisoners.
``(C) Recidivism reduction program.--The term `recidivism
reduction program' means--
``(i) a group or individual activity that--
``(I) has been certified to reduce recidivism or promote
successful reentry; and
``(II) may include--
``(aa) classes on social learning and life skills;
``(bb) classes on morals or ethics;
``(cc) academic classes;
``(dd) cognitive behavioral treatment;
``(ee) mentoring;
``(ff) occupational and vocational training;
``(gg) faith-based classes or services;
``(hh) domestic violence education and deterrence
programming;
``(ii) victim-impact classes or other restorative justice
programs; and
``(jj) a prison job; and
``(ii) shall include--
``(I) a productive activity; and
``(II) recovery programming.
``(D) Recovery programming.--The term `recovery
programming' means a course of instruction or activities,
other than a course described in subsection (e), that has
been demonstrated to reduce drug or alcohol abuse or
dependence among participants, or to promote recovery among
individuals who have previously abused alcohol or drugs, to
include appropriate medication-assisted treatment.''.
SEC. 3. POST-SENTENCING RISK AND NEEDS ASSESSMENT SYSTEM.
(a) In General.--Subchapter C of chapter 229 of title 18,
United States Code, is amended by inserting after section
3621 the following:
``Sec. 3621A. Post-sentencing risk and needs assessment
system
``(a) In General.--Not later than 30 months after the date
of the enactment of this section, the Attorney General shall
develop for use by the Bureau of Prisons an offender risk and
needs assessment system, to be known as the `Post-Sentencing
Risk and Needs Assessment System' or the `Assessment System',
which shall--
``(1) assess and determine the recidivism risk level of all
prisoners and classify each prisoner as having a low,
moderate, or high risk of recidivism;
``(2) to the extent practicable, assess and determine the
risk of violence of all prisoners;
``(3) ensure that, to the extent practicable, low-risk
prisoners are grouped together in housing and assignment
decisions;
``(4) assign each prisoner to appropriate recidivism
reduction programs or productive activities based on the
prisoner's risk level and the specific criminogenic needs of
the prisoner, and in accordance with section 3621(h)(4);
``(5) reassess and update the recidivism risk level and
programmatic needs of each prisoner pursuant to the schedule
set forth in subsection (c)(2), and assess changes in the
prisoner's recidivism risk within a particular risk level;
and
``(6) provide information on best practices concerning the
tailoring of recidivism reduction programs to the specific
criminogenic needs of each prisoner so as to effectively
lower the prisoner's risk of recidivating.
``(b) Development of System.--
``(1) In general.--In designing the Assessment System, the
Attorney General shall--
``(A) use available research and best practices in the
field and consult with academic and other criminal justice
experts as appropriate; and
``(B) ensure that the Assessment System measures indicators
of progress and improvement, and of regression, including
newly acquired skills, attitude, and behavior changes over
time, through meaningful consideration of dynamic risk
factors, such that--
``(i) all prisoners at each risk level other than low risk
have a meaningful opportunity to progress to a lower risk
classification during the period of the incarceration of the
prisoner through changes in dynamic risk factors; and
``(ii) all prisoners on prerelease custody, other than
prisoners classified as low risk, have a meaningful
opportunity to progress to a lower risk classification during
such custody through changes in dynamic risk factors.
``(2) Risk and needs assessment tools.--In carrying out
this subsection, the Attorney General shall--
``(A) develop a suitable intake assessment tool to perform
the initial assessments and determinations described in
subsection (a)(1), and to make the assignments described in
subsection (a)(3);
``(B) develop a suitable reassessment tool to perform the
reassessments and updates described in subsection (a)(4); and
``(C) develop a suitable tool to assess the recidivism risk
level of prisoners in prerelease custody.
``(3) Use of existing risk and needs assessment tools
permitted.--In carrying out this subsection, the Attorney
General may use existing risk and needs assessment tools, as
appropriate, for the assessment tools required under
paragraph (2).
``(4) Validation.--In carrying out this subsection, the
Attorney General shall statistically validate the risk and
needs assessment tools on the Federal prison population, or
ensure that the tools have been so validated. To the extent
such validation cannot be completed with the time period
specified in subsection (a), the Attorney General shall
ensure that such validation is completed as soon as is
practicable.
``(5) Relationship with existing classification systems.--
The Bureau of Prisons may incorporate its existing Inmate
Classification System into the Assessment System if the
Assessment System assesses the risk level and criminogenic
needs of each prisoner and determines the appropriate
security level institution for each prisoner. Before the
development of the Assessment System, the Bureau of Prisons
may use the existing Inmate Classification System, or a pre-
existing risk and needs assessment tool that can be used to
classify prisoners consistent with subsection (a)(1), or can
be reasonably adapted for such purpose, for purposes of this
section, section 3621(h), and section 3624(c).
``(c) Risk Assessment.--
``(1) Initial assessments.--Not later than 30 months after
the date on which the Attorney General develops the
Assessment System, the Bureau of Prisons shall determine the
risk level of each prisoner using the Assessment System.
``(2) Reassessments and updates.--The Bureau of Prisons
shall update the assessment of each prisoner required under
paragraph (1)--
``(A) not less frequently than once each year for any
prisoner whose anticipated release date is within 3 years;
``(B) not less frequently than once every 2 years for any
prisoner whose anticipated release date is within 10 years;
and
[[Page S941]]
``(C) not less frequently than once every 3 years for any
other prisoner.
``(d) Assignment of Recidivism Reduction Programs or
Productive Activities.--The Assessment System shall provide
guidance on the kind and amount of recidivism reduction
programming or productive activities appropriate for each
prisoner.
``(e) Bureau of Prisons Training.--The Attorney General
shall develop training protocols and programs for Bureau of
Prisons officials and employees responsible for administering
the Assessment System. Such training protocols shall include
a requirement that personnel of the Bureau of Prisons
demonstrate competence in using the methodology and procedure
developed under this section on a regular basis.
``(f) Quality Assurance.--In order to ensure that the
Bureau of Prisons is using the Assessment System in an
appropriate and consistent manner, the Attorney General shall
monitor and assess the use of the Assessment System and shall
conduct periodic audits of the use of the Assessment System
at facilities of the Bureau of Prisons.
``(g) Determinations and Classifications Unreviewable.--
Subject to any constitutional limitations, there shall be no
right of review, right of appeal, cognizable property
interest, or cause of action, either administrative or
judicial, arising from any determination or classification
made by any Federal agency or employee while implementing or
administering the Assessment System, or any rules or
regulations promulgated under this section.
``(h) Definitions.--In this section:
``(1) Dynamic risk factor.--The term `dynamic risk factor'
means a characteristic or attribute that has been shown to be
relevant to assessing risk of recidivism and that can be
modified based on a prisoner's actions, behaviors, or
attitudes, including through completion of appropriate
programming or other means, in a prison setting.
``(2) Recidivism risk.--The term `recidivism risk' means
the likelihood that a prisoner will commit additional crimes
for which the prisoner could be prosecuted in a Federal,
State, or local court in the United States.
``(3) Recidivism reduction program; productive activity;
recovery programming.--The terms `recidivism reduction
program', `productive activity', and `recovery programming'
shall have the meaning given such terms in section
3621(h)(8).''.
(b) Technical and Conforming Amendment.--The table of
sections for subchapter C of chapter 229 of title 18, United
States Code, is amended by inserting after the item relating
to section 3621 the following:
``3621A. Post-sentencing risk and needs assessment system.''.
SEC. 4. PRERELEASE CUSTODY.
(a) In General.--Section 3624(c) of title 18, United States
Code, is amended--
(1) in paragraph (1), by striking the period at the end of
the second sentence and inserting ``or home confinement,
subject to the limitation that no prisoner may serve more
than 10 percent of the prisoner's imposed sentence in home
confinement pursuant to this paragraph.'';
(2) by striking paragraphs (2) and (3) and inserting the
following:
``(2) Credit for recidivism reduction.--In addition to any
time spent in prerelease custody pursuant to paragraph (1), a
prisoner shall spend an additional portion of the final
months of the prisoner's sentence, equivalent to the amount
of time credit the prisoner has earned pursuant to section
3621(h)(6)(A), in prerelease custody, if--
``(A) the prisoner's most recent risk and needs assessment,
conducted within 1 year of the date on which the prisoner
would first be eligible for transfer to prerelease custody
pursuant to paragraph (1) and this paragraph, reflects that
the prisoner is classified as low or moderate risk; and
``(B) for a prisoner classified as moderate risk, the
prisoner's most recent risk and needs assessment reflects
that the prisoner's risk of recidivism has declined during
the period of the prisoner's incarceration.
``(3) Types of prerelease custody.--A prisoner eligible to
serve a portion of the prisoner's sentence in prerelease
custody pursuant to paragraph (2) may serve such portion in a
residential reentry center, on home confinement, or, subject
to paragraph (5), on community supervision.'';
(3) by redesignating paragraphs (4) through (6) as
paragraphs (9) through (11), respectively;
(4) by inserting the following after paragraph (3):
``(4) Home confinement.--
``(A) In general.--Upon placement in home confinement
pursuant to paragraph (2), a prisoner shall--
``(i) be subject to 24-hour electronic monitoring that
enables the prompt identification of any violation of clause
(ii);
``(ii) remain in the prisoner's residence, with the
exception of the following activities, subject to approval by
the Director of the Bureau of Prisons--
``(I) participation in a job or job-seeking activities;
``(II) participation in recidivism reduction programming or
productive activities assigned by the Post-Sentencing Risk
and Needs Assessment System, or similar activities approved
in advance by the Director of the Bureau of Prisons;
``(III) participation in community service;
``(IV) crime victim restoration activities;
``(V) medical treatment; or
``(VI) religious activities; and
``(iii) comply with such other conditions as the Director
of the Bureau of Prisons deems appropriate.
``(B) Alternative means of monitoring.--If compliance with
subparagraph (A)(i) is infeasible due to technical
limitations or religious considerations, the Director of the
Bureau of Prisons may employ alternative means of monitoring
that are determined to be as effective or more effective than
electronic monitoring.
``(C) Modifications.--The Director of the Bureau of Prisons
may modify the conditions of the prisoner's home confinement
for compelling reasons, if the prisoner's record demonstrates
exemplary compliance with such conditions.
``(5) Community supervision.--
``(A) Time credit less than 36 months.--Any prisoner
described in subparagraph (D) who has earned time credit of
less than 36 months pursuant to section 3621(h)(6)(A) shall
be eligible to serve no more than one-half of the amount of
such credit on community supervision, if the prisoner
satisfies the conditions set forth in subparagraph (C).
``(B) Time credit of 36 months or more.--Any prisoner
described in subparagraph (D) who has earned time credit of
36 months or more pursuant to section 3621(h)(6)(A) shall be
eligible to serve the amount of such credit exceeding 18
months on community supervision, if the prisoner satisfies
the conditions set forth in subparagraph (C).
``(C) Conditions of community supervision.--A prisoner
placed on community supervision shall be subject to such
conditions as the Director of the Bureau of Prisons deems
appropriate. A prisoner on community supervision may remain
on community supervision until the conclusion of the
prisoner's sentence of incarceration if the prisoner--
``(i) complies with all conditions of prerelease custody;
``(ii) remains current on any financial obligations imposed
as part of the prisoner's sentence, including payments of
court-ordered restitution arising from the offense of
conviction; and
``(iii) refrains from committing any State, local, or
Federal offense.
``(D) Covered prisoners.--A prisoner described in this
subparagraph is a prisoner who--
``(i) is classified as low risk by the Post-Sentencing Risk
and Needs Assessment System in the assessment conducted for
purposes of paragraph (2); or
``(ii) is subsequently classified as low risk by the Post-
Sentencing Risk and Needs Assessment System.
``(6) Violations.--If a prisoner violates a condition of
the prisoner's prerelease custody, the Director of the Bureau
of Prisons may revoke the prisoner's prerelease custody and
require the prisoner to serve the remainder of the prisoner's
term of incarceration, or any portion thereof, in prison, or
impose additional conditions on the prisoner's prerelease
custody as the Director of the Bureau of Prisons deems
appropriate. If the violation is non-technical in nature, the
Director of the Bureau of Prisons shall revoke the prisoner's
prerelease custody.
``(7) Credit for prerelease custody.--Upon completion of a
prisoner's sentence, any term of supervised release imposed
on the prisoner shall be reduced by the amount of time the
prisoner served in prerelease custody pursuant to paragraph
(2).
``(8) Agreements with united states probation and pretrial
services.--The Director of the Bureau of Prisons shall, to
the greatest extent practicable, enter into agreements with
the United States Probation and Pretrial Services to
supervise prisoners placed in home confinement or community
supervision under this subsection. Such agreements shall
authorize United States Probation and Pretrial Services to
exercise the authority granted to the Director of the Bureau
of Prisons pursuant to paragraphs (4), (5), and (12). Such
agreements shall take into account the resource requirements
of United States Probation and Pretrial Services as a result
of the transfer of Bureau of Prisons inmates to prerelease
custody and shall provide for the transfer of monetary sums
necessary to comply with such requirements. United States
Probation and Pretrial Services shall, to the greatest extent
practicable, offer assistance to any prisoner not under its
supervision during prerelease custody under this
subsection.''; and
(5) by inserting at the end the following:
``(12) Determination of appropriate conditions for
prerelease custody.--In determining appropriate conditions
for prerelease custody pursuant to this subsection, and in
accordance with paragraph (5), the Director of the Bureau of
Prisons shall, to the extent practicable, subject prisoners
who demonstrate continued compliance with the requirements of
such prerelease custody to increasingly less restrictive
conditions, so as to most effectively prepare such prisoners
for reentry. No prisoner shall be transferred to community
supervision unless the length of the prisoner's eligibility
for community supervision pursuant to paragraph (5) is
equivalent to or greater than the length of the prisoner's
remaining period of prerelease custody.
``(13) Aliens subject to deportation.--If the prisoner is
an alien whose deportation was ordered as a condition of
supervised release or who is subject to a detainer filed by
Immigration and Customs Enforcement for the purposes of
determining the alien's deportability, the Director of the
Bureau of
[[Page S942]]
Prisons shall, upon the prisoner's transfer to prerelease
custody pursuant to paragraphs (1) and (2), deliver the
prisoner to United States Immigration and Customs Enforcement
for the purpose of conducting proceedings relating to the
alien's deportation.
``(14) Notice of transfer to prerelease custody.--
``(A) In general.--The Director of the Bureau of Prisons
may not transfer a prisoner to prerelease custody pursuant to
paragraph (2) if the prisoner has been sentenced to a term of
incarceration of more than 3 years, unless the Director of
the Bureau of Prisons provides prior notice to the United
States Attorney's Office for the district in which the
prisoner was sentenced.
``(B) Time requirement.--The notice required under
subparagraph (A) shall be provided not later than 6 months
before the date on which the prisoner is to be transferred.
``(C) Contents of notice.--The notice required under
subparagraph (A) shall include the following information:
``(i) The amount of credit earned pursuant to paragraph
(2).
``(ii) The anticipated date of the prisoner's transfer.
``(iii) The nature of the prisoner's planned prerelease
custody.
``(iv) The prisoner's behavioral record.
``(v) The most recent risk assessment of the prisoner.
``(D) Hearing.--
``(i) In general.--On motion of the Government, the court
may conduct a hearing on the prisoner's transfer to
prerelease custody.
``(ii) Prisoner's presence.--The prisoner shall have the
right to be present at a hearing described in clause (i),
which right the prisoner may waive.
``(iii) Motion.--A motion filed by the Government seeking a
hearing--
``(I) shall set forth the basis for the Government's
request that the prisoner's transfer be denied or modified
pursuant to subparagraph (E); and
``(II) shall not require the Court to conduct a hearing
described in clause (i).
``(E) Determination of the court.--The court may deny the
transfer of the prisoner to prerelease custody or modify the
terms of such transfer, if, after conducting a hearing
pursuant to subparagraph (D), the court finds in writing, by
a preponderance of the evidence, that the transfer of the
prisoner is inconsistent with the factors specified in
paragraphs (2), (6), and (7) of section 3553(a).''.
(b) Effective Date.--The amendments made by this section
shall take effect 1 year after the date of enactment of this
Act.
SEC. 5. REPORTS.
(a) Annual Reports.--
(1) Reports.--Not later than 1 year after the date of
enactment of this Act, and every year thereafter, the
Attorney General, in coordination with the Comptroller
General of the United States, shall submit to the appropriate
committees of Congress a report that contains the following:
(A) A summary of the activities and accomplishments of the
Attorney General in carrying out this Act and the amendments
made by this Act.
(B) An assessment of the status and use of the Post-
Sentencing Risk and Needs Assessment System by the Bureau of
Prisons, including the number of prisoners classified at each
risk level under the Post-Sentencing Risk and Needs
Assessment System at each facility of the Bureau of Prisons.
(C) A summary and assessment of the types and effectiveness
of the recidivism reduction programs and productive
activities in facilities operated by the Bureau of Prisons,
including--
(i) evidence about which programs and activities have been
shown to reduce recidivism;
(ii) the capacity of each program and activity at each
facility, including the number of prisoners along with the
risk level of each prisoner enrolled in each program and
activity; and
(iii) identification of any problems or shortages in
capacity of such programs and activities, and how these
should be remedied.
(D) An assessment of budgetary savings resulting from this
Act and the amendments made by this Act, to include--
(i) a summary of the amount of savings resulting from the
transfer of prisoners into prerelease custody under this Act
and the amendments made by this Act, including savings
resulting from the avoidance or deferral of future
construction, acquisition, or operations costs;
(ii) a summary of the amount of savings resulting from any
decrease in recidivism that may be attributed to the
implementation of the Post-Sentencing Risk and Needs
Assessment System or the increase in recidivism reduction
programs and productive activities required by this Act and
the amendments made by this Act; and
(iii) a strategy to reinvest such savings into other
Federal, State, and local law enforcement activities and
expansions of recidivism reduction programs and productive
activities in the Bureau of Prisons.
(2) Reinvestment of savings to fund public safety
programming.--
(A) In general.--Beginning in the first fiscal year after
the first report is submitted under paragraph (1), and every
fiscal year thereafter, the Attorney General shall--
(i) determine the covered amount for the previous fiscal
year in accordance with subparagraph (B); and
(ii) use an amount of funds appropriated to the Department
of Justice that is not less than 90 percent of the covered
amount for the purposes described in subparagraph (C).
(B) Covered amount.--For purposes of this paragraph, the
term ``covered amount'' means, using the most recent report
submitted under paragraph (1), the amount equal to the sum of
the amount described in paragraph (1)(D)(i) for the fiscal
year and the amount described in paragraph (1)(D)(ii) for the
fiscal year.
(C) Use of funds.--The funds described in subparagraph
(A)(ii) shall be used, consistent with paragraph (1)(D)(iii),
to--
(i) ensure that, not later than 6 years after the date of
enactment of this Act, recidivism reduction programs or
productive activities are available to all eligible
prisoners;
(ii) ensure compliance with the resource needs of United
States Probation and Pretrial Services resulting from an
agreement under section 3624(c)(8) of title 18 United States
Code, as added by this Act; and
(iii) supplement funding for programs that increase public
safety by providing resources to State and local law
enforcement officials.
(b) Prison Work Programs Report.--Not later than 180 days
after the date of enactment of this Act, the Attorney General
shall submit to the appropriate committees of Congress a
report on the status of prison work programs at facilities
operated by the Bureau of Prisons, including--
(1) a strategy to expand the availability of such programs
without reducing job opportunities for workers in the United
States who are not in the custody of the Bureau of Prisons;
(2) an assessment of the feasibility of expanding such
programs, consistent with the strategy required under
paragraph (1), so that, not later than 5 years after the date
of enactment of this Act, not less than 75 percent of
eligible low-risk offenders have the opportunity to
participate in a prison work program for not less than 20
hours per week; and
(3) a detailed discussion of legal authorities that would
be useful or necessary to achieve the goals described in
paragraphs (1) and (2).
(c) Reporting on Recidivism Rates.--
(1) In general.--Beginning 1 year after the date of
enactment of this Act, and every year thereafter, the
Attorney General, in consultation with the Administrative
Office of the United States Courts, shall report to the
appropriate committees of Congress on rates of recidivism
among individuals who have been released from Federal prison
and who are under judicial supervision.
(2) Contents.--The report required under paragraph (1)
shall contain information on rates of recidivism among former
Federal prisoners, including information on rates of
recidivism among former Federal prisoners based on the
following criteria:
(A) Primary offense charged.
(B) Length of sentence imposed and served.
(C) Bureau of Prisons facility or facilities in which the
prisoner's sentence was served.
(D) Recidivism reduction programming that the prisoner
successfully completed, if any.
(E) The prisoner's assessed risk of recidivism.
(3) Assistance.--The Administrative Office of the United
States Courts shall provide to the Attorney General any
information in its possession that is necessary for the
completion of the report required under paragraph (1).
(d) Reporting on Excluded Prisoners.--Not later than 8
years after the date of enactment of this Act, the Attorney
General shall submit to the appropriate committees of
Congress a report on the effectiveness of recidivism
reduction programs and productive activities offered to
prisoners described in section 3621(h)(6)(A)(iii) of title
18, United States Code, as added by this Act, as well as
those ineligible for credit toward prerelease custody under
section 3624(c)(2) of title 18, United States Code, as added
by this Act, which shall review the effectiveness of
different categories of incentives in reducing recidivism.
(e) Definition.--The term ``appropriate committees of
Congress'' means--
(1) the Committee on the Judiciary and the Subcommittee on
Commerce, Justice, Science, and Related Agencies of the
Committee on Appropriations of the Senate; and
(2) the Committee on the Judiciary and the Subcommittee on
Commerce, Justice, Science, and Related Agencies of the
Committee on Appropriations of the House of Representatives.
SEC. 6. PROMOTING SUCCESSFUL REENTRY.
(a) Federal Prisoner Reentry Initiative.--Section 231(g) of
the Second Chance Act of 2007 (42 U.S.C. 17541(g)) is
amended--
(1) in paragraph (3), by striking ``and shall be carried
out during fiscal years 2009 and 2010''; and
(2) in paragraph (5)(A)--
(A) in clause (i), by striking ``65 years'' and inserting
``60 years''; and
(B) in clause (ii)--
(i) by striking ``the greater of 10 years or''; and
(ii) by striking ``75 percent'' and inserting ``2/3''.
(b) Federal Reentry Demonstration Projects.--
(1) Evaluation of existing best practices for reentry.--Not
later than 2 years after the date of enactment of this Act,
the Attorney General, in consultation with the Administrative
Office of the United States Courts, shall--
[[Page S943]]
(A) evaluate best practices used for the reentry into
society of individuals released from the custody of the
Bureau of Prisons, including--
(i) conducting examinations of reentry practices in State
and local justice systems; and
(ii) consulting with Federal, State, and local prosecutors,
Federal, State, and local public defenders, nonprofit
organizations that provide reentry services, and criminal
justice experts; and
(B) submit to the Committee on the Judiciary of the Senate
and the Committee on the Judiciary of the House of
Representatives a report that details the evaluation
conducted under subparagraph (A).
(2) Creation of reentry demonstration projects.--Not later
than 3 years after the date of enactment of this Act, the
Attorney General, in consultation with the Administrative
Office of the United States Courts, shall, subject to the
availability of appropriations, select an appropriate number
of Federal judicial districts to conduct Federal reentry
demonstration projects using the best practices identified in
the evaluation conducted under paragraph (1). The Attorney
General shall determine the appropriate number of Federal
judicial districts to conduct demonstration projects under
this paragraph.
(3) Project design.--For each Federal judicial district
selected under paragraph (2), the United States Attorney, in
consultation with the Chief Judge, Chief Federal Defender,
the Chief Probation Officer, the Bureau of Justice
Assistance, the National Institute of Justice, and criminal
justice experts shall design a Federal reentry demonstration
project for the Federal judicial district in accordance with
paragraph (4).
(4) Project elements.--A project designed under paragraph
(3) shall coordinate efforts by Federal agencies to assist
participating prisoners in preparing for and adjusting to
reentry into the community and may include, as appropriate--
(A) the use of community correctional facilities and home
confinement, as determined to be appropriate by the Bureau of
Prisons;
(B) a reentry review team for each prisoner to develop a
reentry plan specific to the needs of the prisoner, and to
meet with the prisoner following transfer to monitor the
reentry plan;
(C) steps to assist the prisoner in obtaining health care,
housing, and employment, before the prisoner's release from a
community correctional facility or home confinement;
(D) regular drug testing for participants with a history of
substance abuse;
(E) substance abuse treatment, which may include addiction
treatment medication, if appropriate, medical treatment,
including mental health treatment, occupational, vocational
and educational training, life skills instruction, recovery
support, conflict resolution training, and other programming
to promote effective reintegration into the community;
(F) the participation of volunteers to serve as advisors
and mentors to prisoners being released into the community;
(G) steps to ensure that the prisoner makes satisfactory
progress toward satisfying any obligations to victims of the
prisoner's offense, including any obligation to pay
restitution; and
(H) the appointment of a reentry coordinator in the United
States Attorney's Office.
(5) Review of project outcomes.--Not later than 5 years
after the date of enactment of this Act, the Administrative
Office of the United States Courts, in consultation with the
Attorney General, shall--
(A) evaluate the results from each Federal judicial
district selected under paragraph (2), including the extent
to which participating prisoners released from the custody of
the Bureau of Prisons were successfully reintegrated into
their communities, including whether the participating
prisoners maintained employment, and refrained from
committing further offenses; and
(B) submit to the Committee on the Judiciary of the Senate
and the Committee on the Judiciary of the House of
Representatives a report that contains--
(i) the evaluation of the best practices identified in the
report required under paragraph (1); and
(ii) the results of the demonstration projects required
under paragraph (2).
(c) Study on the Impact of Reentry on Certain
Communities.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Attorney General, in consultation
with the Administrative Office of the United States Courts,
shall submit to the Committee on the Judiciary of the Senate
and the Committee on the Judiciary of the House of
Representatives a report on the impact of reentry of
prisoners on communities in which a disproportionate number
of individuals reside upon release from incarceration.
(2) Contents.--The report required under paragraph (1)
shall analyze the impact of reentry of individuals released
from both State and Federal correctional systems as well as
State and Federal juvenile justice systems, and shall
include--
(A) an assessment of the reentry burdens borne by local
communities;
(B) a review of the resources available in such communities
to support successful reentry, including resources provided
by State, local, and Federal governments, the extent to which
those resources are used effectively; and
(C) recommendations to strengthen the resources in such
communities available to support successful reentry and to
lessen the burden placed on such communities by the need to
support reentry.
(d) Facilitating Reentry Assistance to Veterans.--
(1) In general.--Not later than 2 months after the date of
the commencement of a prisoner's sentence pursuant to section
3585(a) of title 18, United States Code, the Director of the
Bureau of Prisons shall notify the Secretary of Veterans
Affairs if the prisoner's presentence report, prepared
pursuant to section 3552 of title 18, United States Code,
indicates that the prisoner has previously served in the
Armed Forces of the United States or if the prisoner has so
notified the Bureau of Prisons.
(2) Post-commencement notice.--If the prisoner informs the
Bureau of Prisons of the prisoner's prior service in the
Armed Forces of the United States after the commencement of
the prisoner's sentence, the Director of the Bureau of
Prisons shall notify the Secretary of Veterans Affairs not
later than 2 months after the date on which the prisoner
provides such notice.
(3) Contents of notice.--The notice provided by the
Director of the Bureau of Prisons to the Secretary of
Veterans Affairs under this subsection shall include the
identity of the prisoner, the facility in which the prisoner
is located, the prisoner's offense of conviction, and the
length of the prisoner's sentence.
(4) Access to va.--The Bureau of Prisons shall provide the
Department of Veterans Affairs with reasonable access to any
prisoner who has previously served in the Armed Forces of the
United States for purposes of facilitating that prisoner's
reentry.
SEC. 7. ADDITIONAL TOOLS TO PROMOTE RECOVERY AND PREVENT DRUG
AND ALCOHOL ABUSE AND DEPENDENCE. --
(a) Reentry and Recovery Planning.--
(1) Presentence reports.--Section 3552 of title 18, United
States Code, is amended--
(A) by redesignating subsections (b), (c), and (d) as
subsections (c), (d), and (e), respectively;
(B) by inserting after subsection (a) the following:
``(b) Reentry and Recovery Planning.--
``(1) In general.--In addition to the information required
by rule 32(d) of the Federal Rules of Criminal Procedure, the
report submitted pursuant to subsection (a) shall contain the
following information, unless such information is required to
be excluded pursuant to rule 32(d)(3) of the Federal Rules of
Criminal Procedure or except as provided in paragraph (2):
``(A) Information about the defendant's history of
substance abuse and addiction, if applicable.
``(B) Information about the defendant's service in the
Armed Forces of the United States and veteran status, if
applicable.
``(C) A detailed plan, which shall include the
identification of programming provided by the Bureau of
Prisons that is appropriate for the defendant's needs, that
the probation officer determines will--
``(i) reduce the likelihood the defendant will abuse drugs
or alcohol if the defendant has a history of substance abuse;
``(ii) reduce the defendant's likelihood of recidivism by
addressing the defendant's specific recidivism risk factors;
and
``(iii) assist the defendant preparing for reentry into the
community.
``(2) Exceptions.--The information described in paragraph
(1)(C)(iii) shall not be required to be included under
paragraph (1), in the discretion of the Probation Officer, if
the applicable sentencing range under the sentencing
guidelines, as determined by the probation officer, includes
a sentence of life imprisonment or a sentence of
probation.'';
(C) in subsection (c), as redesignated, in the first
sentence, by striking ``subsection (a) or (c)'' and inserting
``subsection (a) or (d)''; and
(D) in subsection (d), as redesignated, by striking
``subsection (a) or (b)'' and inserting ``subsection (a) or
(c)''.
(2) Technical and conforming amendment.--Section 3672 of
title 18, United States Code, is amended in the eighth
undesignated paragraph by striking ``subsection (b) or (c)''
and inserting ``subsection (c) or (d)''.
(b) Promoting Full Utilization of Residential Drug
Treatment.--Section 3621(e)(2) of title 18, United States
Code, is amended by adding at the end the following:
``(C) Commencement of treatment.--Not later than 3 years
after the date of enactment of this subparagraph, the
Director of the Bureau of Prisons shall ensure that each
eligible prisoner has an opportunity to commence
participation in treatment under this subsection by such date
as is necessary to ensure that the prisoner completes such
treatment not later than 1 year before the date on which the
prisoner would otherwise be released from custody prior to
the application of any reduction in sentence pursuant to this
paragraph.
``(D) Other credits.--The Director of the Bureau of Prisons
may, in the Director's discretion, reduce the credit awarded
under subsection (h)(6)(A) to a prisoner who receives a
reduction under subparagraph (B), but such reduction may not
exceed one-half the amount of the reduction awarded to the
prisoner under subparagraph (B).''.
(c) Supervised Release Pilot Program to Reduce Recidivism
and Improve Recovery From Alcohol and Drug Abuse.--
[[Page S944]]
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Administrative Office of the
United States Courts shall establish a recidivism reduction
and recovery enhancement pilot program, premised on high-
intensity supervision and the use of swift, predictable, and
graduated sanctions for noncompliance with program rules, in
Federal judicial districts selected by the Administrative
Office of the United States Courts in consultation with the
Attorney General.
(2) Requirements of program.--Participation in the pilot
program required under paragraph (1) shall be subject to the
following requirements:
(A) Upon entry into the pilot program, the court shall
notify program participants of the rules of the program and
consequences for violating such rules, including the
penalties to be imposed as a result of such violations
pursuant to subparagraph (E).
(B) Probation officers shall conduct regular drug testing
of all pilot program participants with a history of substance
abuse.
(C) In the event that a probation officer determines that a
participant has violated a term of supervised release, the
officer shall notify the court within 24 hours of such
determination, absent good cause.
(D) As soon as is practicable, and in no case more than 1
week after the violation was reported by the probation
officer, absent good cause, the court shall conduct a hearing
on the alleged violation.
(E) If the court determines that a program participant has
violated a term of supervised release, it shall impose an
appropriate sanction, which may include the following, if
appropriate:
(i) Modification of the terms of such participant's
supervised release, which may include imposition of a period
of home confinement.
(ii) Referral to appropriate substance abuse treatment.
(iii) Revocation of the defendant's supervised release and
the imposition of a sentence of incarceration that is no
longer than necessary to punish the participant for such
violation and deter the participant from committing future
violations.
(iv) For participants who habitually fail to abide by
program rules or pose a threat to public safety, termination
from the program.
(3) Status of participant if incarcerated.--
(A) In general.--In the event that a program participant is
sentenced to incarceration as described in paragraph
(2)(E)(iii), the participant shall remain in the program upon
release from incarceration unless terminated from the program
in accordance with paragraph (2)(E)(iv).
(B) Policies for maintaining employment.--The Bureau of
Prisons, in consultation with the Chief Probation Officers of
the Federal judicial districts selected for participation in
the pilot program required under paragraph (1), shall develop
policies to enable program participants sentenced to terms of
incarceration as described in paragraph (2)(E) to, where
practicable, serve the terms of incarceration while
maintaining employment, including allowing the terms of
incarceration to be served on weekends.
(4) Advisory sentencing policies.--
(A) In general.--The United States Sentencing Commission,
in consultation with the Chief Probation Officers, the United
States Attorneys, Federal Defenders, and Chief Judges of the
districts selected for participation in the pilot program
required under paragraph (1), shall establish advisory
sentencing policies to be used by the district courts in
imposing sentences of incarceration in accordance with
paragraph (2)(E).
(B) Requirement.--The advisory sentencing policies
established under subparagraph (A) shall be consistent with
the stated goal of the pilot program to impose predictable
and graduated sentences that are no longer than necessary for
violations of program rules.
(5) Duration of program.--The pilot program required under
paragraph (1) shall continue for not less than 5 years and
may be extended for not more than 5 years by the
Administrative Office of the United States Courts.
(6) Assessment of program outcomes and report to
congress.--
(A) In general.--Not later than 6 years after the date of
enactment of this Act, the Administrative Office of the
United States Courts shall conduct an evaluation of the pilot
program and submit to Congress a report on the results of the
evaluation.
(B) Contents.--The report required under subparagraph (A)
shall include--
(i) the rates of substance abuse among program
participants;
(ii) the rates of violations of the terms of supervised
release by program participants, and sanctions imposed;
(iii) information about employment of program participants;
(iv) a comparison of outcomes among program participants
with outcomes among similarly situated individuals under the
supervision of United States Probation and Pretrial Services
not participating in the program; and
(v) an assessment of the effectiveness of each of the
relevant features of the program.
SEC. 8. ERIC WILLIAMS CORRECTIONAL OFFICER PROTECTION ACT.
(a) In General.--Chapter 303 of title 18, United States
Code, is amended by adding at the end the following:
``Sec. 4049. Officers and employees of the bureau of prisons
authorized to carry oleoresin capsicum spray
``(a) In General.--The Director of the Bureau of Prisons
shall issue, on a routine basis, oleoresin capsicum spray
to--
``(1) any officer or employee of the Bureau of Prisons
who--
``(A) is employed in a prison that is not a minimum or low
security prison; and
``(B) may respond to an emergency situation in such a
prison; and
``(2) to such additional officers and employees of prisons
as the Director determines appropriate, in accordance with
this section.
``(b) Training Requirement.--
``(1) In general.--In order for an officer or employee of
the Bureau of Prisons, including a correctional officer, to
be eligible to receive and carry oleoresin capsicum spray
pursuant to this section, the officer or employee shall
complete a training course before being issued such spray,
and annually thereafter, on the use of oleoresin capsicum
spray.
``(2) Transferability of training.--An officer or employee
of the Bureau of Prisons who completes a training course
pursuant to paragraph (1) and subsequently transfers to
employment at a different prison, shall not be required to
complete an additional training course solely due such
transfer.
``(3) Training conducted during regular employment.--An
officer or employee of the Bureau of Prisons who completes a
training course required under paragraph (1) shall do so
during the course of that officer or employee's regular
employment, and shall be compensated at the same rate that
the officer or employee would be compensated for conducting
the officer or employee's regular duties.
``(c) Use of Oleoresin Capsicum Spray.--Officers and
employees of the Bureau of Prisons issued oleoresin capsicum
spray pursuant to subsection (a) may use such spray to reduce
acts of violence--
``(1) committed by prisoners against themselves, other
prisoners, prison visitors, and officers and employees of the
Bureau of Prisons; and
``(2) committed by prison visitors against themselves,
prisoners, other visitors, and officers and employees of the
Bureau of Prisons.''.
(b) Clerical Amendment.--The table of sections for chapter
303 of part III of title 18, United States Code, is amended
by inserting after the item relating to section 4048 the
following:
``4049. Officers and employees of the bureau of prisons authorized to
carry oleoresin capsicum spray.''.
(c) GAO Report.--Not later than the date that is 3 years
after the date on which the Director of the Bureau of Prisons
begins to issue oleoresin capsicum spray to officers and
employees of the Bureau of Prisons pursuant to section 4049
of title 18, United States Code (as added by this Act), the
Comptroller General of the United States shall submit to
Congress a report that includes the following:
(1) An evaluation of the effectiveness of issuing oleoresin
capsicum spray to officers and employees of the Bureau of
Prisons in prisons that are not minimum or low security
prisons on--
(A) reducing crime in such prisons; and
(B) reducing acts of violence committed by prisoners
against themselves, other prisoners, prison visitors, and
officers and employees of the Bureau of Prisons in such
prisons.
(2) An evaluation of the advisability of issuing oleoresin
capsicum spray to officers and employees of the Bureau of
Prisons in prisons that are minimum or low security prisons,
including--
(A) the effectiveness that issuing such spray in such
prisons would have on reducing acts of violence committed by
prisoners against themselves, other prisoners, prison
visitors, and officers and employees of the Bureau of Prisons
in such prisons; and
(B) the cost of issuing such spray in such prisons.
Recommendations to improve the safety of officers and
employees of the Bureau of Prisons in prisons.
______
By Mrs. MURRAY (for herself, Mrs. Gillibrand, Mr. Tester, Ms.
Baldwin, Mr. Sanders, and Mr. Bennet):
S. 469. A bill to improve the reproductive assistance provided by the
Department of Defense and the Department of Veterans Affairs to
severely wounded, ill, or injured members of the Armed Forces,
veterans, and their spouses or partners, and for other purposes; to the
Committee on Veterans' Affairs.
Mrs. MURRAY. Mr. President, I wish to take a few minutes to discuss a
piece of legislation I am introducing today--legislation I have written
to improve access to health care for our Nation's veterans, because
there is no more solemn promise we make as a nation than our commitment
to care for the men and women who serve in the U.S. military. These men
and women put life and limb on the line to protect our country, to
protect our freedoms, and to protect our way of life. In return, we as
a country make a promise to care for them, no matter what. Just
[[Page S945]]
as important, we make a promise to care for their families--their
wives, their husbands, and their children.
Many of the young men and women who serve in the military enter at a
very young age, often before they have children of their own. Like so
many other Americans, they have big plans for their lives after their
service. Many of them plan to buy a house, go back to school, and
eventually have a family.
But in a time when our military conflicts involve roadside bombs,
makeshift explosives, and life-threatening danger around every corner,
many of our service men and women are coming home with injuries that
leave them unable to start their own family.
In fact, military data shows that over the last decade, thousands of
servicemembers have suffered injuries that make it nearly impossible to
have children. We should be doing everything we can, with the best
science and health services available, to help our veterans and their
loved ones have children, despite their injuries.
But instead, outdated policies at the Pentagon and the VA are making
it harder, not easier, for seriously injured veterans to have children.
That is because when severely injured service men and women and
veterans seek reproductive health services, such as in vitro
fertilization, their military and VA health insurance simply doesn't
cover this often very expensive procedure. As a result, the only option
for these heroes and their partners to have children is to pay out of
their own pocket, often tens of thousands of dollars, to try and
conceive.
So today I am introducing The Women Veterans and Families Health
Services Act of 2015.
It would basically do two things: First, it would expand the
reproductive health services available for Active-Duty servicemembers
and their families.
Second, it would finally end the ban on in vitro fertilization
services at the VA. I have introduced similar legislation in the past,
and, as I have done before, I am going to share the story of SSG Matt
Keil and his wife Tracy.
Staff Sergeant Keil was shot in the neck while on patrol in Ramadi,
Iraq, on February 24, 2007, just 6 weeks after he married the love of
his life, Tracy. The bullet went through the right side of his neck,
hit a major artery, went through his spinal cord, and exited through
his left shoulder blade. He instantly became a quadriplegic. Doctors
informed Tracy her husband would be on a ventilator for the rest of his
life, and would never move his arms or legs.
Staff Sergeant Keil eventually defied the odds and found himself off
the ventilator and beginning a very long journey of physical
rehabilitation.
Around that same time, Tracy and her husband started exploring the
possibilities of starting a family together. Having children was all
they could talk about, once they adjusted to their ``new normal.''
With Staff Sergeant Keil's injuries preventing him from having
children naturally, Tracy turned to the VA for assistance and began to
explore her options for fertility treatments. Feeling defeated after
being told the VA had no such programs in place for her situation,
Tracy and Staff Sergeant Keil decided to pursue IVF through the private
sector.
While they were anxious to begin this chapter of their lives, they
were confronted with the reality that TRICARE did not cover any of the
costs related to Tracy's treatments, because she did not have fertility
issues beyond her husband's injury.
Left with no further options, the Keils decided this was important
enough to them that they were willing to pay out of pocket to the tune
of almost $32,000 per round of treatment. Thankfully, on November 9,
2010, just after their first round of IVF, Staff Sergeant Keil and
Tracy welcomed their twins Matthew and Faith into the world.
Tracy told me:
The day we had our children something changed in both of
us. This is exactly what we had always wanted, our dreams had
arrived.
The VA, Congress and the American People have said
countless times that they want to do everything they can to
support my husband or make him feel whole again and this is
your chance.
Having a family is exactly what we needed to feel whole
again. Please help us make these changes so that other
families can share in this experience.
Tracy does not want to see other servicemembers and their families go
through the struggle she and Matt did because of outdated policies that
don't reflect modern medicine.
While the Keils' story may be unique, they are not alone. Thousands
of servicemembers and veterans have returned from their service hoping
to have children, only to find that, despite their sacrifices for our
country, they are unable to obtain the kind of assistance they need.
Some have spent tens of thousands of dollars in the private sector,
like Tracy and her husband did, to get the advanced reproductive
treatments they need to start a family. Others have, sadly, watched
their marriages dissolve because of the stress of infertility, in
combination with the stress of readjusting to a new life after a severe
injury, driving their relationship to a breaking point.
Any servicemember who sustains this type of serious injury deserves
so much more. They deserve our support to help them start a family, and
our support to raise that family.
This bill is so important because access to childcare is one of the
most significant barriers to care for women veterans and younger
veterans. This bill makes permanent the highly successful pilot program
in VA and expands it across the country. I am very hopeful today that
both Republicans and Democrats can come together to support this bill.
Just a few years ago we were able to pass similar legislation through
the Senate, but, unfortunately, it didn't pass the House in time to get
the President's signature and become signed into law. This time has to
be different, because this bill is about nothing more than giving
veterans who have sacrificed so much the option to fulfill the dream of
starting a family. It is a bill that shows when we tell our
servicemembers deploying to a war zone that we have their back, we mean
it. It is a bill that recognizes the men and women who are harmed in
the service of this country have bright, full lives ahead of them.
____________________