[Congressional Record (Bound Edition), Volume 161 (2015), Part 2]
[Senate]
[Pages 2075-2094]
[From the U.S. 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
       (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.''.

[[Page 2076]]

       (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 
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

[[Page 2077]]

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.
       (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).

[[Page 2078]]

       (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
       (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--

[[Page 2079]]

       (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 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

[[Page 2080]]

     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 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.

[[Page 2081]]

  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 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.--

[[Page 2082]]

       (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--
       (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

[[Page 2083]]

     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;
       (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'';

[[Page 2084]]

       (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 with John M.W. Green at that point, 
     without success;

[[Page 2085]]

       (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

[[Page 2086]]

     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, 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--

[[Page 2087]]

       (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
       (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

[[Page 2088]]

     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).

       ``(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

[[Page 2089]]

     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
       ``(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

[[Page 2090]]

     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 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.

[[Page 2091]]

       (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--
       (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):

[[Page 2092]]

       ``(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.--
       (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,

[[Page 2093]]

     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 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

[[Page 2094]]

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.

                          ____________________