instruction:
In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
question:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``United States Fire Administration 
Reauthorization Act of 2008''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The loss of life due to fire has dropped significantly 
        over the last 25 years in the United States. However, the 
        United States still has one of the highest fire death rates in 
        the industrialized world. For 2006, the National Fire 
        Protection Association reported 3,245 civilian fire deaths, 
        17,925 civilian fire injuries, and $11,307,000,000 in direct 
        losses due to fire.
            (2) Every year, over 100 firefighters die in the line of 
        duty. The United States Fire Administration should continue its 
        leadership to help local fire agencies dramatically reduce 
        these fatalities.
            (3) Members of the fire service community should continue 
        to work together to further the promotion of national voluntary 
        consensus standards that increase firefighter safety.
            (4) The United States Fire Administration provides crucial 
        support to the Nation's 30,300 fire departments through 
        training, data collection, fire awareness and education, and 
        other activities for improving fire prevention, control, and 
        suppression technologies.
            (5) The collection of data on fire and other emergency 
        incidents is a vital tool both for policy makers and emergency 
        responders to identify and develop responses to emerging 
        hazards. Improving the United States Fire Administration's data 
        collection capabilities is essential for accurately tracking 
        and responding to the magnitude and nature of the Nation's fire 
        problem.
            (6) The research and development performed by the Federal 
        Government and non-government organizations on fire 
        technologies, techniques, and tools advance the capabilities of 
        the Nation's fire service to prevent and suppress fires.
            (7) The United States Fire Administration is one of the 
        strongest voices representing the Nation's fire service within 
        the Federal Government, and, as such, it should have a 
        prominent place within the Federal Government.

SEC. 3. AUTHORIZATION OF APPROPRIATIONS FOR UNITED STATES FIRE 
              ADMINISTRATION.

    Section 17(g)(1) of the Federal Fire Prevention and Control Act of 
1974 (15 U.S.C. 2216(g)(1)) is amended--
            (1) in subparagraph (C), by striking ``and'' after the 
        semicolon;
            (2) in subparagraph (D), by striking the period at the end 
        and inserting a semicolon; and
            (3) by adding after subparagraph (D) the following new 
        subparagraphs:
                    ``(E) $70,000,000 for fiscal year 2009;
                    ``(F) $72,100,000 for fiscal year 2010;
                    ``(G) $74,263,000 for fiscal year 2011; and
                    ``(H) $76,490,890 for fiscal year 2012.''.

SEC. 4. NATIONAL FIRE ACADEMY TRAINING PROGRAM MODIFICATIONS AND 
              REPORTS.

    (a) Amendments to Fire Academy Training.--Section 7(d)(1) of the 
Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2206(d)(1)) 
is amended--
            (1) by amending subparagraph (H) to read as follows:
                    ``(H) response, tactics, and strategies for dealing 
                with national catastrophes, including terrorist-caused 
                national catastrophes and incidents that involve 
                weapons of mass destruction;'';
            (2) in subparagraph (K), by striking ``forest'' and 
        inserting ``wildland'';
            (3) in subparagraph (M), by striking ``response tactics 
        and'' and inserting ``response, tactics, and'';
            (4) by redesignating subparagraphs (I) through (N) as 
        subparagraphs (M) through (R), respectively; and
            (5) by inserting after subparagraph (H) the following new 
        subparagraphs:
                    ``(I) response, tactics, and strategies for 
                fighting large-scale fires or multiple fires in a 
                general area that cross jurisdictional boundaries;
                    ``(J) response, tactics, and strategies for 
                fighting fires occurring at the wildland-urban 
                interface;
                    ``(K) response, tactics, and strategies for 
                fighting fires involving hazardous materials;
                    ``(L) advanced emergency medical services 
                training;''.
    (b) Triennial Reports.--Section 7 of such Act (15 U.S.C. 2206) is 
amended by adding at the end the following new subsection:
    ``(m) Triennial Report.--In the first annual report filed pursuant 
to section 16 for which the deadline for filing is after the expiration 
of the 18-month period that begins on the date of the enactment of the 
United States Fire Administration Reauthorization Act of 2008, and in 
every third annual report thereafter, the Administrator shall include 
information about changes made to the Academy curriculum, including--
            ``(1) the basis for such changes, including a review of the 
        incorporation of lessons learned by emergency response 
        personnel after significant emergency events and emergency 
        preparedness exercises performed under the National Exercise 
        Program; and
            ``(2) the desired training outcome of all such changes.''.
    (c) Authorizing the Administrator to Enter Into Contracts to 
Provide On-Site Training Through Certain Accredited Organizations.--
Section 7(f) of such Act (15 U.S.C. 2206(f)) is amended to read as 
follows:
    ``(f) Assistance.--
            ``(1) In general.--The Administrator is authorized to 
        provide assistance to State and local fire service training 
        programs through grants, contracts, or otherwise.
            ``(2) Authorization to enter into contracts to provide on-
        site training through certain accredited organizations.--
                    ``(A) In general.--The Administrator is authorized 
                to enter into a contract with one or more nationally 
                recognized organizations that have established on-site 
                training programs that prepare fire service personnel 
                to meet national voluntary consensus standards for fire 
                service personnel and that facilitate the delivery of 
                the education and training programs outlined in 
                subsection (d)(1) directly to fire service personnel.
                    ``(B) Restrictions.--The Administrator shall not 
                enter into a contract with such organization unless 
                such organization--
                            ``(i) provides training that leads to 
                        certification by a program accredited by a 
                        nationally recognized accreditation 
                        organization; or
                            ``(ii) at the time the Administrator enters 
                        into the contract, provides training under such 
                        a program under a cooperative agreement with a 
                        Federal agency.
            ``(3) Restriction on use of funds.--The amounts expended by 
        the Administrator to carry out this subsection in any fiscal 
        year shall not exceed 4 percent of the amount authorized to be 
        appropriated in such fiscal year pursuant to section 17 of this 
        Act.''.
    (d) Incident Command Training Course for Fires at Ports Required.--
Not later than 2 years after the date of the enactment of this Act, the 
Administrator of the United States Fire Administration, in consultation 
with the Superintendent of the National Academy for Fire Prevention and 
Control, shall consolidate and integrate into the current Academy 
curriculum a course on incident command training for fire service 
personnel for fighting fires at United States ports and in marine 
environments, including fires on the water and aboard vessels. Such 
course shall not relate to border and port security.

SEC. 5. NATIONAL FIRE INCIDENT REPORTING SYSTEM UPGRADES.

    (a) Incident Reporting System Database.--Section 9 of the Federal 
Fire Prevention and Control Act of 1974 (15 U.S.C. 2208) is amended by 
adding at the end the following new subsection:
    ``(d) National Fire Incident Reporting System Update.--Of the 
amounts made available pursuant to subparagraphs (E), (F), and (G) of 
section 17(g)(1), the Administrator shall use no more than an aggregate 
amount of $5,000,000 during the 3-year period consisting of fiscal 
years 2009, 2010, and 2011 to carry out activities necessary to update 
the National Fire Incident Reporting system to an Internet-based, real-
time incident reporting database, including capital investment, 
contractor engagement, and user education.''.
    (b) Technical Correction.--Section 9(b)(2) of such Act (15 U.S.C. 
2208(b)(2)) is amended by striking ``assist State,'' and inserting 
``assist Federal, State,''.

SEC. 6. FIRE TECHNOLOGY ASSISTANCE AND DISSEMINATION.

    (a) Assistance to Fire Services for Fire Prevention and Control in 
Wildland-Urban Interface.--Section 8(d) of the Federal Fire Prevention 
and Control Act of 1974 (15 U.S.C. 2207(d)) is amended--
            (1) by striking ``Rural Assistance'' in the heading and 
        inserting ``Rural and Wildland-Urban Interface Assistance'';
            (2) by striking ``The Administrator'' and inserting ``(1) 
        The Administrator''; and
            (3) by adding at the end the following new paragraph:
    ``(2) The Administrator is authorized to assist the Nation's fire 
services, directly or through contracts, grants, or other forms of 
assistance, for activities and equipment to improve fire prevention and 
control in the wildland-urban interface.''.
    (b) Dissemination.--Section 8 of such Act (15 U.S.C. 2207) is 
amended by adding at the end the following new subsection:
    ``(h) Dissemination.--Beginning 1 year after the date of the 
enactment of the United States Fire Administration Reauthorization Act 
of 2008, the Administrator, in collaboration with the relevant 
departments and agencies of the Federal Government, shall make 
available to the public information regarding United States Fire 
Administration funded activities to advance new knowledge and best 
practices in firefighting, through a regularly updated Internet 
database.''.

SEC. 7. ENCOURAGING ADOPTION OF STANDARDS FOR FIREFIGHTER HEALTH AND 
              SAFETY.

    The Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2201 
et seq.) is amended by adding at the end the following new sections:

``SEC. 37. ENCOURAGING ADOPTION OF STANDARDS FOR FIREFIGHTER HEALTH AND 
              SAFETY.

    ``The Administrator shall promote adoption by fire services of 
national voluntary consensus standards for firefighter health and 
safety, including such standards for firefighter operations, training, 
staffing, and fitness, by educating fire services about such standards, 
encouraging the adoption at all levels of government of such standards, 
and making recommendations on other ways in which the Federal 
Government can promote the adoption of such standards by fire services.

``SEC. 38. TRAINING AGENCIES ON IMPORTANCE OF CLEARING BIOMASS IN 
              WILDLAND AREAS TO PROMOTE FIREFIGHTER SAFETY.

    ``In collaboration with the relevant departments and agencies of 
the Federal Government, the Administrator shall develop and provide 
information and training to relevant departments and agencies of the 
Federal Government on the importance of clearing biomass in wildland 
areas of Federal lands to promote the safety of firefighters.''.

SEC. 8. COORDINATION REGARDING FIRE SERVICE-BASED EMERGENCY MEDICAL 
              SERVICES.

    (a) In General.--Section 21(e) of the Federal Fire Prevention and 
Control Act of 1974 (15 U.S.C. 2218(e)) is amended to read as follows:
    ``(e) Coordination.--
            ``(1) In general.--To the extent practicable, the 
        Administrator shall utilize existing programs, data, 
        information, and facilities already available in other Federal 
        Government departments and agencies and, where appropriate, 
        existing research organizations, centers, and universities.
            ``(2) Coordination of fire prevention and control 
        programs.--The Administrator shall provide liaison at an 
        appropriate organizational level to assure coordination of the 
        Administrator's activities with State and local government 
        agencies, departments, bureaus, or offices concerned with any 
        matter related to programs of fire prevention and control with 
        private and other Federal organizations and offices so 
        concerned.
            ``(3) Coordination of fire service-based emergency medical 
        services programs.--The Administrator shall provide liaison at 
        an appropriate organizational level to assure coordination of 
        the Administrator's activities with State and local government 
        agencies, departments, bureaus, or offices concerned with 
        programs related to emergency medical services provided by fire 
        service-based systems with private and other Federal 
        organizations and offices so concerned.''.
    (b) Fire Service-Based Emergency Medical Services Best Practices.--
Section 8(c) of such Act (15 U.S.C. 2207(c)) is amended--
            (1) by redesignating paragraphs (2) through (4) as 
        paragraphs (3) through (5), respectively; and
            (2) by inserting after paragraph (1) the following new 
        paragraph:
    ``(2) The Administrator is authorized to conduct, directly or 
through contracts or grants, studies of the operations and management 
aspects of fire service-based emergency medical services and 
coordination between emergency medical services and fire services. Such 
studies may include the optimum protocols for on-scene care, the 
allocation of resources, and the training requirements for fire 
service-based emergency medical services.''.

SEC. 9. DEFINITIONS.

    Section 4 of the Federal Fire Prevention and Control Act of 1974 
(15 U.S.C. 2203) is amended--
            (1) in paragraph (3), by striking ``Administration'' and 
        inserting ``Administration, who is the Assistant Administrator 
        of the Federal Emergency Management Agency'';
            (2) in paragraph (7), by striking ``and'' after the 
        semicolon;
            (3) in paragraph (8), by striking the period at the end and 
        inserting ``; and'';
            (4) by redesignating paragraphs (6), (7), and (8) as 
        paragraphs (7), (8), and (9), respectively;
            (5) by inserting after paragraph (5) the following new 
        paragraph:
            ``(6) `hazardous materials' has the meaning given such term 
        in section 5102(2) of title 49, United States Code;''; and
            (6) by adding at the end the following new paragraph:
            ``(10) `wildland-urban interface' has the meaning given 
        such term in section 101(16) of the Healthy Forests Restoration 
        Act of 2003 (16 U.S.C. 6511(16)).''.

SEC. 10. SUPPORTING THE ADOPTION OF FIRE SPRINKLERS.

    Congress supports the recommendations of the United States Fire 
Administration regarding the adoption of fire sprinklers in commercial 
buildings and educational programs to raise awareness of the importance 
of installing fire sprinklers in residential buildings.

            Passed the House of Representatives April 3, 2008.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.
answer:
United States Fire Administration Reauthorization Act of 2008 - (Sec. 3) Amends the Federal Fire Prevention and Control Act of 1974 to authorize appropriations for the U.S. Fire Administration (USFA) for FY2009-FY2012.

(Sec. 4) Authorizes the Superintendent of the National Academy for Fire Prevention and Control to include within fire service personnel training: (1) response, tactics, and strategies for dealing with non-terrorist-caused national catastrophes and incidents that involve weapons of mass destruction; (2) applying new technology and developing strategies and tactics for fighting wildfires; (3) response, tactics, and strategies for fighting large-scale or multiple fires in a general area that cross jurisdictional boundaries, fires occurring at the wildland-urban interface, and fires involving hazardous materials; and (4) advanced emergency medical services (EMS) training.

Requires the Administrator of USFA to: (1) include in triennial reports information about changes made to the National Fire Academy curriculum; and (2) consolidate and integrate into that curriculum a course on incident command training for fire service personnel for fighting fires at U.S. ports and in marine environments, including fires on the water and aboard vessels. Provides that such course shall not relate to border and port security.

Authorizes the Administrator to contract with one or more nationally recognized organizations that have established on-site training programs that prepare fire service personnel to meet national voluntary consensus standards for fire service personnel and that facilitate delivery of education and training programs, provided that such an organization: (1) provides training that leads to certification by a program accredited by a nationally recognized accreditation organization; or (2) provides training under such a program pursuant to a cooperative agreement with a federal agency. Limits the amounts that may be expended by the Administrator to carry out this provision to 4% of the amount authorized to be appropriated in that fiscal year to facilitate the delivery of education and training programs directly to fire service personnel.

(Sec. 5) Directs the Administrator to use specified funds during FY2009-FY2011 to update the National Fire Incident Reporting system to an Internet-based, real-time incident reporting database.

(Sec. 6) Authorizes the Administrator to assist the nation's fire services for activities and equipment to improve fire prevention and control in the wildland-urban interface. Directs the Administrator to make available to the public information regarding USFA funded activities, to advance new knowledge and best practices in firefighting through a regularly updated Internet database.

(Sec. 7) Requires the Administrator to: (1) promote adoption by fire services of voluntary national consensus standards for firefighter health and safety; and (2) develop and provide information and training to relevant federal departments on the importance of clearing biomass in wildland areas of federal lands to promote firefighter safety.

(Sec. 8) Directs the Administrator to provide liaison to assure coordination of fire service-based EMS programs. Authorizes the Administrator to conduct studies of the operations and management aspects of fire service-based EMS and coordination between EMS and fire services, including the optimum protocols for on-scene care, the allocation of resources, and the training requirements for fire service-based EMS.

(Sec. 10) Expresses support for USFA recommendations regarding the adoption of fire sprinklers in commercial buildings and educational programs to raise awareness of the importance of installing fire sprinklers in residential buildings.


question:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``American Workforce Improvement and 
Jobs Protection Act''.

SEC. 2. EXEMPTING ALIENS EARNING MASTER'S OR HIGHER DEGREE IN UNITED 
              STATES FROM NUMERICAL LIMITATIONS ON H-1B NONIMMIGRANTS.

    Section 214(g) of the Immigration and Nationality Act (8 U.S.C. 
1184(g)) is amended by adding at the end the following:
    ``(9) For any fiscal year, the applicable numerical limitation 
contained in paragraph (1)(A) shall not apply to any nonimmigrant alien 
issued a visa or otherwise provided status under section 
101(a)(15)(H)(i)(b) who has earned a master's or higher degree from an 
institution of higher education (as defined in section 101(a) of the 
Higher Education Act of 1965 (20 U.S.C. 1001(a))), until the number of 
aliens who are exempted from such numerical limitation during such year 
exceeds 20,000.''.

SEC. 3. MAKING PERMANENT CERTAIN REQUIREMENTS AND AUTHORITIES WITH 
              RESPECT TO H-1B NONIMMIGRANTS.

    (a) Attestation Requirements.--Section 212(n)(1)(E)(ii) of the 
Immigration and Nationality Act (8 U.S.C. 1182(n)(1)(E)(ii)) is amended 
by striking ``subparagraph, and before October 1, 2003,'' and inserting 
``subparagraph''.
    (b) Fee.--Section 214(c)(9)(A) of the Immigration and Nationality 
Act (8 U.S.C. 1184(c)(9)(A)) is amended by striking ``before October 1, 
2003''.
    (c) Department of Labor Investigative Authorities.--Section 
413(e)(2) of the American Competitiveness and Workforce Improvement Act 
of 1998 (8 U.S.C. 1182 note) is repealed.
    (d) Effective Dates.--
            (1) Attestation requirements.--The amendment made by 
        subsection (a) shall apply to applications under section 
        212(n)(1) of the Immigration and Nationality Act filed on or 
        after the date that is 30 days after the date of the enactment 
        of this Act.
            (2) Fee.--The amendment made by subsection (b) shall apply 
        to petitions under section 214(c) of the Immigration and 
        Nationality Act filed on or after the date that is 30 days 
        after the date of the enactment of this Act.
            (3) Department of labor investigative authority.--The 
        amendment made by subsection (c) shall take effect on the date 
        of the enactment of this Act.

SEC. 4. FRAUD PREVENTION AND DETECTION FEE.

    (a) Imposition of Fee.--Section 214(c) of the Immigration and 
Nationality Act (8 U.S.C. 1184(c)) is amended by adding at the end the 
following:
    ``(12)(A) In addition to any other fees authorized by law, the 
Secretary of Homeland Security shall impose a fraud prevention and 
detection fee on an employer filing a petition under paragraph (1)--
            ``(i) initially to grant an alien nonimmigrant status 
        described in subparagraph (H)(i)(b) or (L) of section 
        101(a)(15); or
            ``(ii) to obtain authorization for an alien having such 
        status to change employers.
    ``(B) In addition to any other fees authorized by law, the 
Secretary of State shall impose a fraud prevention and detection fee on 
an alien filing an application abroad for a visa authorizing admission 
to the United States as a nonimmigrant described in section 
101(a)(15)(L), if the alien is covered under a blanket petition 
described in paragraph (2)(A).
    ``(C) The amount of the fee imposed under subparagraph (A) or (B) 
shall be $500.
    ``(D) The fee imposed under subparagraph (A) or (B) shall only 
apply to principal aliens and not to the spouses or children who are 
accompanying or following to join such principal aliens.
    ``(E) Fees collected under this paragraph shall be deposited in the 
Treasury in accordance with section 286(v).''.
    (b) Establishment of Account; Use of Fees.--Section 286 of the 
Immigration and Nationality Act (8 U.S.C. 1356) is amended by adding at 
the end the following:
    ``(v) H-1B and L Fraud Prevention and Detection Account.--
            ``(1) In general.--There is established in the general fund 
        of the Treasury a separate account, which shall be known as the 
        `H-1B and L Fraud Prevention and Detection Account'. 
        Notwithstanding any other provision of law, there shall be 
        deposited as offsetting receipts into the account all fees 
        collected under section 214(c)(12).
            ``(2) Use of fees to combat fraud.--
                    ``(A) Secretary of state.--One-third of the amounts 
                deposited into the H-1B and L Fraud Prevention and 
                Detection Account shall remain available to the 
                Secretary of State until expended for programs and 
                activities at United States embassies and consulates 
                abroad--
                            ``(i) to increase the number diplomatic 
                        security personnel assigned exclusively to the 
                        function of preventing and detecting fraud by 
                        applicants for visas described in subparagraph 
                        (H)(i) or (L) of section 101(a)(15);
                            ``(ii) otherwise to prevent and detect such 
                        fraud pursuant to the terms of a memorandum of 
                        understanding or other cooperative agreement 
                        between the Secretary of State and the 
                        Secretary of Homeland Security; and
                            ``(iii) upon request by the Secretary of 
                        Homeland Security, to assist such Secretary in 
                        carrying out the fraud prevention and detection 
                        programs and activities described in 
                        subparagraph (B).
                    ``(B) Secretary of homeland security.--One-third of 
                the amounts deposited into the H-1B and L Fraud 
                Prevention and Detection Account shall remain available 
                to the Secretary of Homeland Security until expended 
                for programs and activities to prevent and detect fraud 
                with respect to petitions under paragraph (1) or (2)(A) 
                of section 214(c) to grant an alien nonimmigrant status 
                described in subparagraph (H)(i) or (L) of section 
                101(a)(15).
                    ``(C) Secretary of labor.--One-third of the amounts 
                deposited into the H-1B and L Fraud Prevention and 
                Detection Account shall remain available to the 
                Secretary of Labor until expended for enforcement 
                programs and activities described in section 212(n).
                    ``(D) Consultation.--The Secretary of State, the 
                Secretary of Homeland Security, and the Secretary of 
                Labor shall consult one another with respect to the use 
                of the funds in the H-1B and L Fraud Prevention and 
                Detection Account.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act, and the fees imposed 
under such amendments shall apply to petitions under section 214(c) of 
the Immigration and Nationality Act, and applications for nonimmigrant 
visas under section 222 of such Act, filed on or after the date that is 
90 days after the date of the enactment of this Act.

SEC. 5. ENSURING INTEGRITY OF VISAS FOR INTRACOMPANY TRANSFEREES.

    (a) Nonimmigrant L-1 Visa Category.--
            (1) In general.--Section 214(c)(2) of the Immigration and 
        Nationality Act (8 U.S.C. 1184(c)(2)) is amended by adding at 
        the end the following:
    ``(F) An alien who will serve in a capacity involving specialized 
knowledge with respect to an employer for purposes of section 
101(a)(15)(L) and will be stationed primarily at the worksite of an 
employer other than the petitioning employer or its affiliate, 
subsidiary, or parent shall not be eligible for classification under 
section 101(a)(15)(L) if--
            ``(i) the alien will be controlled and supervised 
        principally by such unaffiliated employer; or
            ``(ii) the placement of the alien at the worksite of the 
        unaffiliated employer is part of an arrangement merely to 
        provide labor for the unaffiliated employer rather than in 
        connection with the provision of a product or service for which 
        specialized knowledge specific to the petitioning employer is 
        necessary.''.
            (2) Applicability.--The amendment made by paragraph (1) 
        shall apply to petitions filed on or after the effective date 
        of this section, whether for initial, extended, or amended 
        classification.
    (b) Requirement for Prior Continuous Employment for Certain 
Intracompany Transferees.--
            (1) In general.--Section 214(c)(2)(A) of the Immigration 
        and Nationality Act (8 U.S.C. 1184(c)(2)(A)) is amended by 
        striking the last sentence (relating to reduction of the 1-year 
        period of continuous employment abroad to 6 months).
            (2) Applicability.--The amendment made by paragraph (1) 
        shall apply only to petitions for initial classification filed 
        on or after the effective date of this section.
    (c) Maintenance of Statistics.--
            (1) In general.--The Secretary of Homeland Security shall 
        maintain statistics regarding petitions filed, approved, 
        extended, and amended with respect to nonimmigrants described 
        in section 101(a)(15)(L) of the Immigration and Nationality Act 
        (8 U.S.C. 1101(a)(15)(L)), including the number of such 
        nonimmigrants who are classified on the basis of specialized 
        knowledge and the number of nonimmigrants who are classified on 
        the basis of specialized knowledge in order to work primarily 
        at offsite locations.
            (2) Applicability.--Paragraph (1) shall apply to petitions 
        filed on or after the effective date of this section.
    (d) Effective Date.--This section and the amendments made by this 
section shall take effect 180 days after the date of the enactment of 
this Act.
answer:
American Workforce Improvement and Jobs Protection Act - Amends the Immigration and Nationality Act to exempt up to 20,000 aliens holding a master's or higher degree from the numerical limitation on H-1B (temporary employment in a specialty occupation) nonimmigrants in any fiscal year.

Makes permanent: (1) the attestation requirement concerning nondisplacement of U.S. workers applicable to H-1B-dependent employers and willful violators; (2) the filing fee applicable to H-1B petitioners; and (3) the Secretary of Labor's authority under the American Competitiveness and Workforce Improvement Act to investigate an employer's alleged failure to meet specified labor attestation conditions (by repealing a sunset provision in that Act).

Requires the Secretary of Homeland Security to impose a fraud prevention and detection fee on H-1B or L (intracompany business personnel) petitioners for use in combating fraud and carrying out labor attestation enforcement activities. Establishes an H-1B and L Fraud Prevention and Detection Account for the deposit of such fees.

Renders ineligible for L visa status those aliens who will serve in a capacity involving specialized knowledge at the worksite of an employer other than the petitioning employer or its affiliate if: (1) the alien will be controlled principally by the unaffiliated employer; or (2) the placement with the unaffiliated employer is part of an arrangement merely to provide labor rather than to use the alien's specialized knowledge.

Eliminates the current reduction in the continuous employment requirement for aliens seeking L visa status pursuant to an employer's blanket petition.

Requires the Secretary of Homeland Security to maintain statistics regarding L visa petitions.


question:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Mandatory IDEA Full Funding 
Compromise Act''.

SEC. 2. AMENDMENTS TO IDEA.

    (a) Funding.--Section 611(j) of the Individuals with Disabilities 
Education Act (20 U.S.C. 1411(j)) is amended to read as follows:
    ``(j) Funding.--
            ``(1) In general.--For the purpose of carrying out this 
        part, other than section 619, there are authorized to be 
        appropriated--
                    ``(A) $13,574,398,000, or 25.2 percent of the 
                amount determined under paragraph (2), whichever is 
                less, for fiscal year 2005, and, there are hereby 
                appropriated $4,700,000,000, or 7.6 percent of the 
                amount determined under paragraph (2), whichever is 
                less, for fiscal year 2005, which shall become 
                available for obligation on July 1, 2005, and shall 
                remain available through September 30, 2006;
                    ``(B) $15,746,302,000, or 28.3 percent of the 
                amount determined under paragraph (2), whichever is 
                less, for fiscal year 2006, and, there are hereby 
                appropriated $6,871,904,000, or 10.7 percent of the 
                amount determined under paragraph (2), whichever is 
                less, for fiscal year 2006, which shall become 
                available for obligation on July 1, 2006, and shall 
                remain available through September 30, 2007;
                    ``(C) $17,918,205,000, or 31.2 percent of the 
                amount determined under paragraph (2), whichever is 
                less, for fiscal year 2007, and, there are hereby 
                appropriated $9,043,807,000, or 13.6 percent of the 
                amount determined under paragraph (2), whichever is 
                less, for fiscal year 2007, which shall become 
                available for obligation on July 1, 2007, and shall 
                remain available through September 30, 2008;
                    ``(D) $20,090,109,000, or 28.3 percent of the 
                amount determined under paragraph (2), whichever is 
                less, for fiscal year 2008, and, there are hereby 
                appropriated $11,215,711,000, or 16.3 percent of the 
                amount determined under paragraph (2), whichever is 
                less, for fiscal year 2008, which shall become 
                available for obligation on July 1, 2008, and shall 
                remain available through September 30, 2009;
                    ``(E) $22,262,307,000, or 36.4 percent of the 
                amount determined under paragraph (2), whichever is 
                less, for fiscal year 2009, and, there are hereby 
                appropriated $13,387,909,000, or 18.8 percent of the 
                amount determined under paragraph (2), whichever is 
                less, for fiscal year 2009, which shall become 
                available for obligation on July 1, 2009, and shall 
                remain available through September 30, 2010;
                    ``(F) $25,198,603,000, or 40 percent of the amount 
                determined under paragraph (2), whichever is less, for 
                fiscal year 2010, and, there are hereby appropriated 
                $16,324,205,000, or 22.4 percent of the amount 
                determined under paragraph (2), whichever is less, for 
                fiscal year 2010, which shall become available for 
                obligation on July 1, 2010, and shall remain available 
                through September 30, 2011; and
                    ``(G) 40 percent of the amount determined under 
                paragraph (2) for fiscal year 2011 and each subsequent 
                fiscal year, and, there are hereby appropriated 22.4 
                percent of the amount determined under paragraph (2) 
                for fiscal year 2011 and each subsequent fiscal year, 
                which shall become available for obligation (A) with 
                respect to fiscal year 2011, on July 1, 2011, and shall 
                remain available through September 30, 2012, and (B) 
                with respect to each subsequent fiscal year, on July 1 
                of that fiscal year and shall remain available through 
                September 30 of the succeeding fiscal year.
            ``(2) Amount.--The amount referred to in each of 
        subparagraphs (A) through (G) of paragraph (1) is the product 
        of--
                    ``(A) the number of children with disabilities in 
                all States who are receiving special education and 
                related services--
                            ``(i) aged 3 through 5 if the State is 
                        eligible for a grant under section 619; and
                            ``(ii) aged 6 through 21; and
                    ``(B) the average per-pupil expenditure in public 
                elementary and secondary schools in the United 
                States.''.
    (b) Exception to the Local Maintenance of Effort Requirements.--
Section 613(a)(2)(B) of the Individuals with Disabilities Education Act 
(20 U.S.C. 1413(a)(2)(B)) is amended to read as follows:
                    ``(B) Exception.--Notwithstanding the restriction 
                in subparagraph (A)(iii), a local educational agency 
                may reduce the level of expenditures, for 1 fiscal year 
                at a time, if--
                            ``(i) the State educational agency 
                        determines, and the Secretary agrees, that the 
                        local educational agency is in compliance with 
                        the requirements of this part during that 
                        fiscal year (or, if appropriate, the preceding 
                        fiscal year); and
                            ``(ii) such reduction is--
                                    ``(I) attributable to the voluntary 
                                departure, by retirement or otherwise, 
                                or departure for just cause, of special 
                                education personnel;
                                    ``(II) attributable to a decrease 
                                in the enrollment of children with 
                                disabilities;
                                    ``(III) attributable to the 
                                termination of the obligation of the 
                                agency, consistent with this part, to 
                                provide a program of special education 
                                to a particular child with a disability 
                                that is an exceptionally costly 
                                program, as determined by the State 
                                educational agency, because the child--
                                            ``(aa) has left the 
                                        jurisdiction of the agency;
                                            ``(bb) has reached the age 
                                        at which the obligation of the 
                                        agency to provide a free 
                                        appropriate public education to 
                                        the child has terminated; or
                                            ``(cc) no longer needs such 
                                        program of special education;
                                    ``(IV) attributable to the 
                                termination of costly expenditures for 
                                long-term purchases, such as the 
                                acquisition of equipment or the 
                                construction of school facilities; or
                                    ``(V) equivalent to the amount of 
                                Federal funding the local educational 
                                agency receives under this part for a 
                                fiscal year that exceeds the amount the 
                                agency received under this part for the 
                                preceding fiscal year, but only if 
                                these reduced funds are used for any 
                                activity that may be funded under the 
                                Elementary and Secondary Education Act 
                                of 1965 (20 U.S.C. 6301 et seq.).''.
    (c) Repeal.--Section 613(a)(2) of the Individuals with Disabilities 
Education Act (20 U.S.C. 1413(a)(2)) is further amended--
            (1) by striking subparagraph (C);
            (2) by redesignating subparagraph (D) as subparagraph (C); 
        and
            (3) in subparagraph (A)(iii), by striking ``paragraphs (B) 
        and (C)'' and inserting ``paragraph (B)''.
answer:

Mandatory IDEA Full-Funding Act - Amends the Individuals with Disabilities Education Act (IDEA) to revise and reauthorize part B programs of education of all children with disabilities. Authorizes appropriations in specified amounts for part B for FY 2005 through 2011 and thereafter. (Provides phased-in increases of funding designed to reach a promised 40 percent Federal share of funding by FY 2011.) Makes appropriations in specified amounts for part B for FY 2005 through 2011 and thereafter. Provides an exception to local educational agency (LEA) maintenance of effort requirements under part B.Repeals certain provisions relating to LEA treatment of Federal funds as local funds under part B.