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SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Section Commission to Advise on 
Reforming Elections Act''.

SEC. 2. ESTABLISHMENT OF SELECT COMMISSION TO ADVISE ON REFORMING 
              ELECTIONS.

    There is established a commission to be known as the ``Select 
Commission to Advise on Reforming Elections'' (referred to in this Act 
as the ``Commission''). The purposes of the Commission are to study the 
laws relating to the financing of campaigns for elections for Federal 
office and to report and recommend legislation to reform those laws.

SEC. 3. MEMBERSHIP OF COMMISSION.

    (a) Appointment.--The Commission shall be composed of 12 members 
appointed not later than 60 days after the date of the enactment of 
this Act by the President, of whom--
            (1) Three members shall be appointed from among a list of 
        nominees submitted by the majority leader of the House of 
        Representatives;
            (2) Three members shall be appointed from among a list of 
        nominees submitted by the majority leader of the Senate;
            (3) Two members shall be appointed from among a list of 
        nominees submitted by the minority leader of the House of 
        Representatives;
            (4) Two members shall be appointed from among a list of 
        nominees submitted by the minority leader of the Senate; and
            (5) Two members shall be appointed from individuals meeting 
        such criteria as the President may apply.
    (b) Chair.--The members of the Commission shall select two members 
to serve as co-chairs of the Commission.
    (c) Terms.--The members of the Commission shall serve for the life 
of the Commission.
    (d) Vacancies.--A vacancy in the Commission shall be filled in the 
manner in which the original appointment was made.

SEC. 4. POWERS OF COMMISSION.

    (a) Hearings.--The Commission may, for the purpose of carrying out 
this Act, hold hearings, sit and act at times and places, take 
testimony, and receive evidence as the Commission considers 
appropriate.
    (b) Quorum.--Five members of the Commission shall constitute a 
quorum, but a lesser number may hold hearings.

SEC. 5. ADMINISTRATIVE PROVISIONS.

    (a) Pay and Travel Expenses of Members.--(1) Each member of the 
Commission, other than the co-chairs, shall be paid at a rate equal to 
the daily equivalent of the annual rate of basic pay payable for level 
IV of the Executive Schedule under section 5315 of title 5, United 
States Code, for each day (including travel time) during which the 
member is engaged in the actual performance of duties vested in the 
Commission. Each co-chair shall be paid for each day referred to in the 
preceding sentence at a rate equal to the daily equivalent of the 
annual rate of basic pay payable for level III of the Executive 
Schedule under section 5314 of title 5, United States Code.
    (2) Members of the Commission shall receive travel expenses, 
including per diem in lieu of subsistence, in accordance with sections 
5702 and 5703 of title 5, United States Code.
    (b) Staff Director.--The Commission shall, without regard to 
section 5311(b) of title 5, United States Code, appoint a staff 
director, who shall be paid at the rate of basic pay payable for level 
IV of the Executive Schedule under section 5315 of title 5, United 
States Code.
    (c) Staff of Commission; Services.--
            (1) In general.--Subject to such rules as may be adopted by 
        the Commission, the staff director of the Commission, without 
        regard to the provisions of title 5, United States Code, 
        governing appointments in the competitive service and without 
        regard to the provisions of chapter 51 and subchapter III of 
        chapter 53 of that title relating to classifications and 
        General Schedule pay rates, and subject to the approval of the 
Commission, may appoint such personnel as the staff director considers 
necessary, except that an individual so appointed may not receive pay 
in excess of the maximum annual rate of basic pay payable for grade GS-
15 of the General Schedule under section 5332 of title 5, United States 
Code.
            (2) Temporary and intermittent services.--Subject to the 
        approval of the Commission, the staff director of the 
        Commission may procure temporary and intermittent services to 
        the same extent as is authorized by section 3109(b) of title 5, 
        United States Code.

SEC. 6. REPORT AND RECOMMENDATIONS FOR CHANGES IN LAW.

    (a) Report.--Not later than 180 days after the appointment of its 
members, the Commission shall submit to the President, the Speaker and 
minority leader of the House of Representatives, and the majority and 
minority leaders of the Senate a report of the activities of the 
Commission.
    (b) Recommendations for Changes in Campaign Finance Laws.--
            (1) In general.--Subject to paragraph (2), the Commission 
        shall submit to the President, the Speaker and minority leader 
        of the House of Representatives, and the majority and minority 
        leaders of the Senate any recommendations for changes in the 
        laws (including regulations) governing the conducting and 
        financing of Federal campaigns (including any changes in the 
        rules of the Senate or the House of Representatives) to which 
        seven or more members of the Commission may agree--
                    (A) by including such recommendations in the report 
                submitted under subsection (a); or
                    (B) with the approval of a majority of its members, 
                by submitting a supplemental report containing such 
                recommendations not later than 180 days after 
                submitting the report under subsection (a).
            (2) Final deadline.--The Commission may not submit 
        recommendations under this subsection after July 15, 1998.
    (c) Dissenting Views.--The Commission shall include in the report 
submitted under subsection (a) and in any recommendations submitted 
under subsection (b) any dissenting or minority views of its members, 
including recommendations for changes in law which were proposed by any 
member and to which seven or more members did not agree.

SEC. 7. EXPEDITED CONGRESSIONAL CONSIDERATION OF LEGISLATION 
              IMPLEMENTING RECOMMENDATIONS.

    (a) Preparation of Legislation.--If the Commission submits any 
recommendation for changes in the laws under section 6(b), those 
members concurring in the recommendation shall include with the 
recommendation legislation to implement the recommendation.
    (b) Expedited Congressional Consideration of Legislation.--
            (1) In general.--If any legislation is introduced the 
        substance of which implements a recommendation of the 
        Commission submitted under section 6(b), subject to paragraph 
        (2), the provisions of section 2908 (other than subsection (a)) 
        of the Defense Base Closure and Realignment Act of 1990 shall 
        apply to the consideration of the legislation in the same 
        manner as such provisions apply to a joint resolution described 
        in section 2908(a) of such Act.
            (2) Special rules.--For purposes of applying paragraph (1) 
        with respect to such provisions, the following rules shall 
        apply:
                    (A) Any reference to the Committee on Armed 
                Services of the House of Representatives shall be 
                deemed a reference to the Committee on House Oversight 
                of the House of Representatives and any reference to 
                the Committee on Armed Services of the Senate shall be 
                deemed a reference to the Committee on Rules and 
                Administration of the Senate.
                    (B) Any reference to the date on which the 
                President transmits a report shall be deemed a 
                reference to the date on which the recommendation 
                involved is submitted under section 6(b).

SEC. 8. TERMINATION.

    The Commission shall cease to exist 90 days after the later of--
            (1) the date of the submission of its report under section 
        6(a); or
            (2) the date of the submission of its recommendations under 
        section 6(b).
Select Commission to Advise on Reforming Elections Act - Establishes the Select Commission to Advise on Reforming Elections to study the laws relating to the financing of campaigns for Federal elections and to report and recommend legislation to reform those laws. 
(Sec. 6) Requires the Commission to submit a report to the President, the Speaker and minority leader of the House of Representatives, and the majority and minority leaders of the Senate on its activities.  Directs the Commission, as specified, to submit to the President, the Speaker and minority leader of the House of Representatives, and the majority and minority leaders of the Senate, any recommendations for changes in campaign finance laws to which seven or more Commission members may agree.  Prohibits the submission of recommendations by the Commission after July 15, 1998. 
(Sec. 7) Requires that when the Commission submits any recommendation for changes in campaign finance laws, those Commission members concurring in the recommendation shall include legislation to implement the recommendation.  Provides for expedited congressional consideration of any legislation introduced which implements a recommendation of the Commission. 
(Sec. 8) Terminates the Commission after the later of:  (1) the submission of its report; or (2) the submission of its recommendations.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Reservist Opportunities and 
Protection of Education Act of 2003''.

SEC. 2. REFUNDS AND LEAVE OF ABSENCE FOR MILITARY SERVICE.

    (a) Leave of Absence for Military Service.--Part G of title IV of 
the Higher Education Act of 1965 is amended by inserting after section 
484B (20 U.S.C. 1094) the following new section:

``SEC. 484C. REFUNDS AND LEAVE OF ABSENCE FOR MILITARY SERVICE.

    ``(a) Leave of Absence Required.--Whenever a student who is an 
affected individual is unable to complete a period of instruction or to 
receive academic credit because he or she was called up for active duty 
or active service, the institution of higher education in which the 
student is enrolled shall--
            ``(1) grant the student a military leave of absence from 
        the institution while such student is serving on active duty or 
        active service, and for one year after the conclusion of such 
        duty or service, in accordance with subsection (b); and
            ``(2) provide the student with a refund or credit in 
        accordance with subsection (c).
    ``(b) Consequences of Military Leave of Absence.--A student who is 
an affected individual and who is on a military leave of absence from 
an institution of higher education shall be entitled, upon release from 
serving on active duty or active service, to be restored to the 
educational status such student had attained prior to being ordered to 
such duty without loss of academic credits earned, scholarships or 
grants awarded by the institution, or, subject to subsection (c), 
tuition and other fees paid prior to the commencement of the active 
duty or active service.
    ``(c) Refunds.--An institution of higher education shall refund 
tuition or fees paid prior to the commencement of the active duty or 
active service of an affected individual. If a student taking a 
military leave of absence for active duty or active service requests a 
refund during a period of enrollment, the percentage of the tuition and 
fees that shall be refunded shall be equal 100 percent minus the 
percentage of the period of enrollment (for which the tuition and fees 
were paid) that was completed (as determined in accordance with section 
484B(d)) as of the day the student withdrew.
    ``(d) Leave of Absence Not Treated as Withdrawal.--Notwithstanding 
the 180-day limitation in section 484B(a)(2), a student on a military 
leave of absence under this section shall not be treated as having 
withdrawn for purposes of section 484B unless the student fails to 
return at the end of the military leave of absence (as determined under 
subsection (a) of this section).
    ``(e) Definitions.--As used in this section:
            ``(1) Active duty.--The term `active duty' has the meaning 
        given such term in section 101(d)(1) of title 10, United States 
        Code, except that such term does not include active duty for 
        training or attendance at a service school.
            ``(2) Affected individual.--The term `affected individual' 
        means an individual who--
                    ``(A) is serving on active duty during a war or 
                other military operation or national emergency; or
                    ``(B) is performing qualifying National Guard duty 
                during a war or other military operation or national 
                emergency.
            ``(3) Military operation.--The term `military operation' 
        means a contingency operation as such term is defined in 
        section 101(a)(13) of title 10, United States Code.
            ``(4) National emergency.--The term `national emergency' 
        means a national emergency declared by the President of the 
        United States.
            ``(5) Serving on active duty.--The term `serving on active 
        duty during a war or other military operation or national 
        emergency' means service by an individual who is--
                    ``(A) a Reserve of an Armed Force ordered to active 
                duty under section 12301(a), 12301(g), 12302, 12304, or 
                12306 of title 10, United States Code, or any retired 
                member of an Armed Force ordered to active duty under 
                section 688 of such title, for service in connection 
                with a war or other military operation or national 
                emergency, regardless of the location at which such 
                active duty service is performed; and
                    ``(B) any other member of an Armed Force on active 
                duty in connection with such war, operation, or 
                emergency or subsequent actions or conditions who has 
                been assigned to a duty station at a location other 
                than the location at which such member is normally 
                assigned.
            ``(6) Qualifying national guard duty.--The term `qualifying 
        National Guard duty during a war or other military operation or 
        national emergency' means service as a member of the National 
        Guard on full-time National Guard duty (as defined in section 
        101(d)(5) of title 10, United States Code) under a call to 
        active service authorized by the President or the Secretary of 
        Defense for a period of more than 30 consecutive days under 
        section 502(f) of title 32, United States Code, in connection 
        with a war, another military operation, or a national emergency 
        declared by the President and supported by Federal funds.''.
    (b) Obligation as Part of Program Participation Requirements.--
Section 487(a)(22) of the Higher Education Act of 1965 (20 U.S.C. 
1094(a)(22)) is amended by inserting ``and with the policy on leave of 
absence for military service established pursuant to section 484C'' 
after ``section 484B''.
Amends the Higher Education Act of 1965 (HEA) to require institutions of higher education that participate in HEA title IV student assistance programs to grant military leaves of absence, and provide refunds of or credits for tuition and fees paid, to individuals who are unable to complete a period of instruction or receive academic credit because they were called to serve on active duty in the Armed Forces, or to perform qualifying National Guard duty, during a war or other military operation or national emergency.Requires the leave of absence to be for the period of active duty or service and for one year after completion of such duty or service. Requires the refund or credit to be prorated to cover the period when the student had to leave. Provides that such leave of absence shall not be treated as a withdrawal for certain student assistance purposes.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Enemy Belligerent Interrogation, 
Detention, and Prosecution Act of 2010''.

SEC. 2. PLACEMENT OF SUSPECTED UNPRIVILEGED ENEMY BELLIGERENTS IN 
              MILITARY CUSTODY.

    (a) Military Custody Requirement.--Whenever within the United 
States, its territories, and possessions, or outside the territorial 
limits of the United States, an individual is captured or otherwise 
comes into the custody or under the effective control of the United 
States who is suspected of engaging in hostilities against the United 
States or its coalition partners through an act of terrorism, or by 
other means in violation of the laws of war, or of purposely and 
materially supporting such hostilities, and who may be an unprivileged 
enemy belligerent, the individual shall be placed in military custody 
for purposes of initial interrogation and determination of status in 
accordance with the provisions of this Act.
    (b) Delay for Intelligence Activities.--The Secretary of Defense 
and the Director of National Intelligence may, after giving due 
consideration to operational needs and requirements to avoid compromise 
or disclosure of an intelligence mission or intelligence sources or 
methods, jointly authorize an element of the intelligence community 
that has initially captured an individual who may be an unprivileged 
enemy belligerent or otherwise taken such individual into custody or 
placed such individual under the effective control of the United States 
to hold, interrogate, or transport such individual. Such individual, if 
retained by the United States following that authorization, shall 
subsequently be placed into military custody in accordance with 
subsection (a).

SEC. 3. INTERROGATION AND DETERMINATION OF STATUS OF SUSPECTED 
              UNPRIVILEGED ENEMY BELLIGERENTS.

    (a) Interrogation of High-Value Detainees.--
            (1) In general.--The Director of National Intelligence 
        shall, in consultation with the heads of departments and 
        agencies of the United States Government containing elements of 
        the intelligence community, the Director of the Central 
        Intelligence Agency, and the Director of the Federal Bureau of 
        Investigation--
                    (A) coordinate the interrogation of high-value 
                detainees and individuals who are not in the custody or 
                under the effective control of the United States, but 
                otherwise meet the definition of a high-value detainee 
                under subsection (c);
                    (B) coordinate the preliminary determinations with 
                respect to whether or not high-value detainees are 
                unprivileged enemy belligerents;
                    (C) be responsible for any interagency group--
                            (i) conducting an interrogation of a high-
                        value detainee or individual who is not in the 
                        custody or under the effective control of the 
                        United States, but otherwise meets the 
                        definition of a high-value detainee under 
                        subsection (c); and
                            (ii) making a preliminary determination 
                        with respect to whether or not the detainee is 
                        an unprivileged enemy belligerent; and
                    (D) before an officer or employee of the Federal 
                Government provides the warnings of constitutional 
                rights described in Miranda vs. Arizona, 384 U.S. 436 
                (U.S. 1966) to a high-value detainee who is suspected 
                of terrorism, associated with terrorists, or believed 
                to have knowledge of terrorists and who is captured, 
                held, or questioned by a department or agency that is 
                or contains an element of the intelligence community, 
                approve the providing of such warnings to such high-
                value detainee.
            (2) Limitation.--Paragraph (1) shall not apply with respect 
        to a detainee who is captured on the battlefield by the Armed 
        Forces of the United States, unless the Director of National 
        Intelligence determines that such detainee is a high-value 
        detainee.
            (3) Certain delegations prohibited.--The Director of 
        National Intelligence may not delegate the authority to approve 
        the providing of warnings under paragraph (1)(D).
            (4) Preliminary determination with respect to high-value 
        detainees.--A determination under paragraph (1)(B) shall be 
        based on all intelligence information available. The Director 
        of National Intelligence shall submit each such determination 
        to the Secretary of Defense and the Attorney General.
            (5) Paramount purpose of interrogations.--An interrogation 
        conducted in accordance with this section shall be conducted in 
        a manner to accomplish the paramount purpose of protecting 
        United States civilians and United States civilian facilities 
        through thorough and professional interrogation for 
        intelligence purposes.
    (b) Determinations of Status.--
            (1) Final determination.--The Director of National 
        Intelligence, the Secretary of Defense, and the Attorney 
        General shall jointly submit to the President and to the 
        appropriate committees of Congress a final determination as to 
        whether or not a high-value detainee for which a preliminary 
        determination of status has been made under subsection 
        (a)(1)(B) or (a)(1)(C)(ii) is an unprivileged enemy belligerent 
        for purposes of this Act. In the event of a disagreement 
        between the Director of National Intelligence, the Secretary of 
        Defense, and the Attorney General, the President shall make the 
        final determination.
            (2) Deadline for determinations.--All actions required 
        regarding a high-value detainee under this subsection shall be 
        completed as soon as practicable, consistent with intelligence 
        collection requirements, after the detainee is placed in 
        military custody under section 2.
            (3) Criteria for designation of individuals as high-value 
        detainees.--The criteria for designating an individual as a 
        high-value detainee based on the following:
                    (A) The potential threat the individual poses for 
                an attack on civilians or civilian facilities within 
                the United States or upon United States citizens or 
                United States civilian facilities abroad at the time of 
                capture or when coming under the custody or control of 
                the United States.
                    (B) The potential threat the individual poses to 
                United States military personnel or United States 
                military facilities at the time of capture or when 
                coming under the custody or control of the United 
                States.
                    (C) The potential intelligence value of the 
                individual.
                    (D) Membership in al Qaeda, a terrorist group 
                affiliated with al Qaeda, or any other organization 
                designated by the Secretary of State as a foreign 
                terrorist organization in accordance with section 219 
                of the Immigration and Nationality Act (8 U.S.C. 1189).
                    (E) Such other matters as the President considers 
                appropriate.
    (c) High-Value Detainee Defined.--In this section, the term ``high-
value detainee'' means an individual placed in military custody under 
section 2 that meets criteria for designating an individual as a high-
value detainee based on the criteria referred to in subsection (b)(3), 
as determined by the Secretary of Defense.

SEC. 4. LIMITATION ON PROSECUTION OF ALIEN UNPRIVILEGED ENEMY 
              BELLIGERENTS.

    (a) Limitation.--No funds appropriated or otherwise made available 
to the Department of Justice may be used to prosecute in an Article III 
court in the United States, or in any territory or possession of the 
United States, any alien who has been determined to be an unprivileged 
enemy belligerent under section 3(b)(1).
    (b) Applicability Pending Final Determination of Status.--While a 
final determination on the status of an alien high-value detainee is 
pending under section 3(b)(1), the alien shall be treated as an 
unprivileged enemy belligerent for purposes of subsection (a).

SEC. 5. DETENTION WITHOUT TRIAL OF UNPRIVILEGED ENEMY BELLIGERENTS.

    An individual, including a citizen of the United States, determined 
to be an unprivileged enemy belligerent under section 3(b)(1) in a 
manner which satisfies Article 5 of the Geneva Convention Relative to 
the Treatment of Prisoners of War may be detained without criminal 
charges and without trial for the duration of hostilities against the 
United States or its coalition partners in which the individual has 
engaged, or which the individual has purposely and materially 
supported, consistent with the law of war and any authorization for the 
use of military force provided by Congress pertaining to such 
hostilities.

SEC. 6. DEFINITIONS.

    In this Act:
            (1) Act of terrorism.--The term ``act of terrorism'' means 
        an act of terrorism as that term is defined in section 101(16) 
        of the Homeland Security Act of 2002 (6 U.S.C. 101(16)).
            (2) Alien.--The term ``alien'' means an individual who is 
        not a citizen of the United States.
            (3) Appropriate committees of congress.--The term 
        ``appropriate committees of Congress'' means--
                    (A) the Committee on Armed Services, the Committee 
                on Homeland Security and Governmental Affairs, the 
                Committee on the Judiciary, and the Select Committee on 
                Intelligence of the Senate; and
                    (B) the Committee on Armed Services, the Committee 
                on Homeland Security, the Committee on the Judiciary, 
                and the Permanent Select Committee on Intelligence of 
                the House of Representatives.
            (4) Article iii court.--The term ``Article III court'' 
        means a court of the United States established under Article 
        III of the Constitution of the United States.
            (5) Coalition partner.--The term ``coalition partner'', 
        with respect to hostilities engaged in by the United States, 
        means any State or armed force directly engaged along with the 
        United States in such hostilities or providing direct 
        operational support to the United States in connection with 
        such hostilities.
            (6) Geneva convention relative to the treatment of 
        prisoners of war.--The term ``Geneva Convention Relative to the 
        Treatment of Prisoners of War'' means the Geneva Convention 
        Relative to the Treatment of Prisoners of War, done at Geneva 
        August 12, 1949 (6 UST 3316).
            (7) Hostilities.--The term ``hostilities'' means any 
        conflict subject to the laws of war, and includes a deliberate 
        attack upon civilians and civilian targets protected by the 
        laws of war.
            (8) Intelligence community.--The term ``intelligence 
        community'' has the meaning given such term under section 3(4) 
        of the National Security Act of 1947 (50 U.S.C. 401a(4)).
            (9) Privileged belligerent.--The term ``privileged 
        belligerent'' means an individual belonging to one of the eight 
        categories enumerated in Article 4 of the Geneva Convention 
        Relative to the Treatment of Prisoners of War.
            (10) Unprivileged enemy belligerent.--The term 
        ``unprivileged enemy belligerent'' means an individual (other 
        than a privileged belligerent) who--
                    (A) has engaged in hostilities against the United 
                States or its coalition partners;
                    (B) has purposely and materially supported 
                hostilities against the United States or its coalition 
                partners; or
                    (C) was a part of al Qaeda at the time of capture.

SEC. 7. EFFECTIVE DATE.

    This Act shall take effect on the date of the enactment of this 
Act, and shall apply with respect to individuals who are captured or 
otherwise come into the custody or under the effective control of the 
United States on or after that date.

Enemy Belligerent Interrogation, Detention, and Prosecution Act of 2010 - Requires an individual who is suspected of engaging in hostilities against the United States or its coalition partners through an act of terrorism and who may be an unprivileged enemy belligerent to be placed in military custody for purposes of initial interrogation and determination of status. Defines "unprivileged enemy belligerent" as an individual who: (1) has engaged in hostilities against the United States or its coalition partners; (2) has purposely and materially supported hostilities against the United States or its coalition partners; or (3) was a part of al Qaeda at the time of capture. Authorizes the Secretary of Defense and the Director of National Intelligence to hold, interrogate, or transport an unprivileged enemy belligerent to avoid compromising intelligence activities.

 Requires the Director of National Intelligence, in consultation with members of the intelligence community, the Director of the Central Intelligence Agency (CIA), and the Federal Bureau of Investigation (FBI), to coordinate the interrogation and status determination of high value detainees. Designates certain individuals held in military custody as "high value detainees," based upon the potential threat such individuals pose for an attack on the United States, its civilians, or military personnel, the potential intelligence value of such individuals, or membership in al Qaeda, an affiliated terrorist group, or any other designated terrorist organization. Deems as the paramount purpose of such interrogations the protection of U.S. civilians and facilities through thorough and professional interrogation for intelligence purposes.

Prohibits the use of Department of Justice (DOJ) appropriated funds to prosecute an unprivileged enemy belligerent in an Article III court.

Allows the detention of an unprivileged enemy belligerent without criminal charges or trial for the duration of hostilities against the United States or its coalition partners in which such enemy belligerent has engaged or which the individual has purposely and materially supported.