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PROBLEM: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Alien Child Protection and Deferred
Enforced Departure Family Unity Act of 2000''.

SEC. 2. PERMANENT RESIDENT STATUS FOR ANY ALIEN ORPHAN WHO IS
PHYSICALLY PRESENT IN THE UNITED STATES AND IS LESS THAN
12 YEARS OF AGE.

(a) Adjustment of Status.--
(1) In general.--Notwithstanding section 245(c) of the
Immigration and Nationality Act, the status of any alien
described in subsection (b) shall be adjusted by the Attorney
General to that of an alien lawfully admitted for permanent
residence, if the alien--
(A) applies for such adjustment; and
(B) is otherwise eligible to receive an immigrant
visa and is otherwise admissible to the United States
for permanent residence, except in determining such
admissibility the grounds for inadmissibility specified
in paragraphs (4), (6)(A), (7)(A), and (9) of section
212(a) of the Immigration and Nationality Act shall not
apply.
(2) Relationship of application to certain orders.--An
alien present in the United States who has been ordered
excluded, deported, removed, or ordered to depart voluntarily
from the United States under any provision of the Immigration
and Nationality Act may, notwithstanding such order, apply for
adjustment of status under paragraph (1). Such an alien may not
be required, as a condition on submitting or granting such
application, to file a motion to reopen, reconsider, or vacate
such order. If the Attorney General grants the application, the
Attorney General shall cancel the order. If the Attorney
General renders a final administrative decision to deny the
application, the order shall be effective and enforceable to
the same extent as if the application had not been made.
(b) Aliens Eligible for Adjustment of Status.--The benefits
provided by subsection (a) shall apply to any alien who--
(1) at the time of application has not attained the age of
12 years;
(2) is physically present in the United States; and
(3) has no living legally-recognized parent.
(c) Stay of Removal.--
(1) In general.--The Attorney General shall provide by
regulation for an alien subject to a final order of deportation
or removal or exclusion to seek a stay of such order based on
the filing of an application under subsection (a).
(2) During certain proceedings.--Notwithstanding any
provision of the Immigration and Nationality Act, the Attorney
General shall not order any alien to be removed from the United
States, if the alien is in exclusion, deportation, or removal
proceedings under any provision of such Act and raises as a
defense to such an order the eligibility of the alien to apply
for adjustment of status under subsection (a), except where the
Attorney General has rendered a final administrative
determination to deny the application.
(d) Availability of Administrative Review.--The Attorney General
shall provide to applicants for adjustment of status under subsection
(a) the same right to, and procedures for, administrative review as are
provided to--
(1) applicants for adjustment of status under section 245
of the Immigration and Nationality Act; or
(2) aliens subject to removal proceedings under section 240
of such Act.
(e) No Offset in Number of Visas Available.--When an alien is
granted the status of having been lawfully admitted for permanent
residence pursuant to this section, the Secretary of State shall not be
required to reduce the number of immigrant visas authorized to be
issued under any provision of the Immigration and Nationality Act.
(f) Application of Immigration and Nationality Act Provisions.--
Except as otherwise specifically provided in this Act, the definitions
contained in the Immigration and Nationality Act shall apply in the
administration of this section. Nothing contained in this Act shall be
held to repeal, amend, alter, modify, effect, or restrict the powers,
duties, functions, or authority of the Attorney General in the
administration and enforcement of such Act or any other law relating to
immigration, nationality, or naturalization. The fact that an alien may
be eligible to be granted the status of having been lawfully admitted
for permanent residence under this section shall not preclude the alien
from seeking such status under any other provision of law for which the
alien may be eligible.

SEC. 2. DEFERRED ENFORCED DEPARTURE FOR ANY ALIEN NATURAL AND LEGAL
PARENT OF A CHILD BORN IN THE UNITED STATES WHO IS LESS
THAN 18 YEARS OF AGE.

(a) Deferred Enforced Departure.--
(1) In general.--Notwithstanding the Immigration and
Nationality Act, the removal or enforced departure any alien
described in subsection (b) shall be deferred by the Attorney
General during any period in which the alien is the natural and legal
parent of a child born in the United States who has not attained the
age of 18 years, if the alien applies for such deferral.
(2) Relationship of application to certain orders.--An
alien present in the United States who has been ordered
excluded, deported, removed, or ordered to depart voluntarily
from the United States under any provision of the Immigration
and Nationality Act may, notwithstanding such order, apply for
deferral of enforced departure under paragraph (1). Such an
alien may not be required, as a condition on submitting or
granting such application, to file a motion to reopen,
reconsider, or vacate such order. If the Attorney General
grants the application, the Attorney General shall cancel the
order. If the Attorney General renders a final administrative
decision to deny the application, the order shall be effective
and enforceable to the same extent as if the application had
not been made.
(b) Aliens Eligible for Deferred Enforced Departure.--The benefits
provided by subsection (a) shall apply to any alien who--
(1) is physically present in the United States; and
(2) is the natural and legal parent of a child born in the
United States who has not attained the age of 18 years.
(c) Stay of Removal.--
(1) In general.--The Attorney General shall provide by
regulation for an alien subject to a final order of deportation
or removal or exclusion to seek a stay of such order based on
the filing of an application under subsection (a).
(2) During certain proceedings.--Notwithstanding any
provision of the Immigration and Nationality Act, the Attorney
General shall not order any alien to be removed from the United
States, if the alien is in exclusion, deportation, or removal
proceedings under any provision of such Act and raises as a
defense to such an order the eligibility of the alien to apply
for adjustment of status under subsection (a), except where the
Attorney General has rendered a final administrative
determination to deny the application.
(d) Availability of Administrative Review.--The Attorney General
shall provide to applicants for deferred enforced departure under
subsection (a) the same right to, and procedures for, administrative
review as are provided to aliens subject to removal proceedings under
section 240 of such Act.
(e) Work Authorization.--
(1) During application process.--The Attorney General may
authorize an alien who has applied for deferred enforced
departure under subsection (a) to engage in employment in the
United States during the pendency of such application and may
provide the alien with an ''employment authorized'' endorsement
or other appropriate document signifying authorization of
employment, except that if such application is pending for a
period exceeding 180 days, and has not been denied, the
Attorney General shall authorize such employment.
(2) During deferred enforced departure period.--The
Attorney General shall authorize an alien who is granted
deferred enforced departure under subsection (a) to engage in
employment in the United States during any period in which
deferred enforced departure applies.
(f) Application of Immigration and Nationality Act Provisions.--
Except as otherwise specifically provided in this Act, the definitions
contained in the Immigration and Nationality Act shall apply in the
administration of this section. Nothing contained in this Act shall be
held to repeal, amend, alter, modify, effect, or restrict the powers,
duties, functions, or authority of the Attorney General in the
administration and enforcement of such Act or any other law relating to
immigration, nationality, or naturalization. The fact that an alien may
be eligible to be granted deferred enforced departure status under this
section shall not preclude the alien from seeking immigration status
under any other provision of law for which the alien may be eligible.

SOLUTION: Provides for deferred enforced departure (and stay of removal if applicable) of an alien who is the natural and legal parent of a U.S.-born child under 18 years old.

PROBLEM: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Child Abuse Reform and Enforcement
Act of 2005'' or ''CARE Act of 2005''.

TITLE I--WITHHOLDING AND REDISTRIBUTION OF CERTAIN STATE CHILD
PROTECTION FUNDS

SEC. 101. WITHHOLDING AND REDISTRIBUTION OF STATE FUNDS.

(a) Child Abuse Prevention and Treatment Act.--Beginning 1 year
after the date of the enactment of this Act, the Secretary of Health
and Human Services shall reduce, by 25 percent, the allocation to a
State for a fiscal year under title I of the Child Abuse Prevention and
Treatment Act that does not meet each of the requirements of title II
of this Act.
(b) National Child Protection Act of 1993.--Beginning 1 year after
the date of the enactment of this Act, the Attorney General shall
reduce, by 25 percent, amounts under a grant under section 4(b) of the
National Child Protection Act of 1993 to a State for a fiscal year that
does not meet each of the requirements of title II of this Act.
(c) Redistribution of Funds.--The Attorney General shall, using
funds withheld under this section and amounts appropriated pursuant to
the authorization of appropriations under section 102, provide grants
to States that meet the requirements of title II of this Act. A grant
made under this subsection shall be used--
(1) for the computerization of data and criminal history
files for purposes of title II of this Act;
(2) for the improvement of existing data and computerized
criminal history files for purposes of title II of this Act;
and
(3) to assist the State in the transmittal of data and
criminal records to, or the indexing of data and criminal
history records in, the national data and criminal history
systems for purposes of title II of this Act.

SEC. 102. AUTHORIZATION OF APPROPRIATIONS FOR ADDITIONAL FUNDING GRANTS
FOR THE IMPROVEMENT OF CHILD ABUSE CRIME INFORMATION.

There are authorized to be appropriated for additional grants under
section 101(c) $50,000,000 for each of the fiscal years 2006 through
2009.

TITLE II--CHILD SEXUAL ABUSE PROTECTION AND SENTENCING REFORM

SEC. 201. REQUIREMENT TO EQUALIZE SENTENCING REQUIREMENTS FOR
INTRAFAMILIAL AND EXTRAFAMILIAL CHILD SEXUAL ABUSE.

(a) State Study of Laws Regarding Intrafamilial and Extrafamilial
Child Sexual Abuse.--A State meets the requirements of this subsection
if, not later than 1 year after the date of enactment of this Act, the
State--
(1) has studied the laws in the State that apply to
intrafamilial and extrafamilial sexual abuse of children; and
(2) has examined, at a minimum--
(A) issues concerning differences in laws
applicable to intrafamilial and extrafamilial child
sexual abuse;
(B) issues concerning disparities in charging and
sentencing perpetrators of child sexual abuse,
resulting from differences in applicable laws; and
(C) issues concerning legislative actions necessary
to equalize charging and sentencing of perpetrators of
sexual abuse without regard to familial relationship of
perpetrator to child victim.
(b) Report to the Attorney General.--A State meets the requirements
of this subsection if the State submits to the Attorney General a
report that contains the results of the study conducted under
subsection (a).
(c) Legislative Actions to Equalize Sentencing Requirements.--
(1) In general.--Except as provided in paragraph (2), a
State meets the requirements of this subsection if, not later
than 1 year after the date of enactment of this Act, the State
has implemented legislative actions necessary to equalize
charging and sentencing of perpetrators of sexual abuse without
regard to familial relationship of perpetrator to child victim.
(2) Exception.--The Attorney General may provide for an
extension of the 1-year time requirement in paragraph (1) for
any State if the Attorney General determines that State
legislation (other than legislation appropriating funds) is
required to meet the additional requirements imposed by this
Act.

SEC. 202. REQUIREMENT TO GATHER INFORMATION ON SEXUAL ABUSE OF
CHILDREN.

A State meets the requirements of this section if the State--
(1) compiles and analyzes data relating to intrafamilial
and extrafamilial sexual abuse of children;
(2) promotes regulations requiring the gathering of such
data by State courts and State agencies for compilation and
analysis purposes;
(3) provides, on an annual basis, to the Attorney General,
the Secretary of Health and Human Services, and the Bureau of
Justice Statistics a report containing the data referred to in
paragraph (1) and a description of the regulations referred to
in paragraph (2).

SOLUTION: Child Abuse Reform and Enforcement Act of 2005 - CARE Act of 2005 - Directs the Secretary of Health and Human Services and the Attorney General to reduce by 25 percent certain fiscal year allocations and grant amounts, under the Child Abuse Prevention and Treatment Act and the National Child Protection Act of 1993, respectively, to any state that is not in compliance with requirements of this Act.

Directs the Attorney General to use such withheld amounts and authorized funds under this Act for additional grants to states in compliance to computerize, improve, transmit, and index their own data and criminal history files in the national data and criminal history systems for child sexual abuse protection and sentencing reform.

Requires a state, to be eligible for funding under this Act, to: (1) study its laws pertaining to intrafamilial and extrafamilial sexual abuse of children, and examine issues concerning their differences; (2) examine disparities in charging and sentencing perpetrators of child sexual abuse; (3) examine, and implement, legislative actions necessary to equalize charging and sentencing without regard to familial relationship of perpetrator to child victim; (4) compile, analyze, and report relevant data; and (5) promote regulations requiring its courts and agencies to compile such data.

PROBLEM: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Government Litigation Savings Act''.

SEC. 2. MODIFICATION OF EQUAL ACCESS TO JUSTICE PROVISIONS.

(a) Agency Proceedings.--Section 504 of title 5, United States
Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1)----
(i) by inserting after the first sentence
the following: ''Fees and other expenses may be
awarded under this subsection only to a
prevailing party who has a direct and personal
interest in the adversary adjudication because
of medical costs, property damage, denial of
benefits, unpaid disbursement, fees and other
expenses incurred in defense of the
adjudication, interest in a policy concerning
such medical costs, property damage, denial of
benefits, unpaid disbursement, or fees and
other expenses, or otherwise.''; and
(ii) by adding at the end the following:
''The agency conducting the adversary
adjudication shall make any party against whom
the adjudication is brought, at the time the
adjudication is commenced, aware of the
provisions of this section.''; and
(B) in paragraph (3), in the first sentence--
(i) by striking ''may reduce'' and
inserting ''shall reduce''; and
(ii) by striking ''unduly and
unreasonably'' and inserting ''unduly or
unreasonably'';
(2) in subsection (b)(1)--
(A) in subparagraph (A)(ii), by striking ''$125 per
hour'' and all that follows through the end and
inserting ''$200 per hour.);''; and
(B) in subparagraph (B)(ii), by striking ''; except
that'' and all that follows through ''section 601;''
and inserting ''except that--
''(I) the net worth of a party (other than an
individual or a unit of local government) shall include
the net worth of any parent entity or subsidiary of
that party; and
''(II) for purposes of subclause (I)--
''(aa) a 'parent entity' of a party is an
entity that owns or controls the equity or
other evidences of ownership in that party; and
''(bb) a 'subsidiary' of a party is an
entity the equity or other evidences of
ownership in which are owned or controlled by
that party;'';
(3) in subsection (c)(1), by striking '', United States
Code''; and
(4) by striking subsections (e) and (f) and inserting the
following:
''(e)(1) The Chairman of the Administrative Conference of the
United States, after consultation with the Chief Counsel for Advocacy
of the Small Business Administration, shall report annually to the
Congress on the amount of fees and other expenses awarded during the
preceding fiscal year pursuant to this section. The report shall
describe the number, nature, and amount of the awards, the claims
involved in the controversy, and any other relevant information that
may aid the Congress in evaluating the scope and impact of such awards.
Each agency shall provide the Chairman in a timely manner all
information necessary for the Chairman to comply with the requirements
of this subsection. The report shall be made available to the public
online.
''(2)(A) The report required by paragraph (1) shall account for all
payments of fees and other expenses awarded under this section that are
made pursuant to a settlement agreement, regardless of whether the
settlement agreement is sealed or otherwise subject to nondisclosure
provisions, except that any version of the report made available to the
public may not reveal any information the disclosure of which is
contrary to the national security of the United States.
''(B) The disclosure of fees and other expenses required under
subparagraph (A) does not affect any other information that is subject
to nondisclosure provisions in the settlement agreement.
''(f) The Chairman of the Administrative Conference shall create
and maintain online a searchable database containing the following
information with respect to each award of fees and other expenses under
this section:
''(1) The name of each party to whom the award was made.
''(2) The name of each counsel of record representing each
party to whom the award was made.
''(3) The agency to which the application for the award was
made.
''(4) The name of each counsel of record representing the
agency to which the application for the award was made.
''(5) The name of each administrative law judge, and the
name of any other agency employee serving in an adjudicative
role, in the adversary adjudication that is the subject of the
application for the award.
''(6) The amount of the award.
''(7) The names and hourly rates of each expert witness for
whose services the award was made under the application.
''(8) The basis for the finding that the position of the
agency concerned was not substantially justified.
''(g) The online searchable database described in subsection (f)
may not reveal any information the disclosure of which is prohibited by
law or court order, or the disclosure of which is contrary to the
national security of the United States.
''(h) The Director of the Office of Management and Budget shall
adjust the maximum hourly fee set forth in subsection (b)(1)(A)(ii) for
the fiscal year beginning October 1, 2012, and for each fiscal year
thereafter, to reflect changes in the Consumer Price Index, as
determined by the Secretary of Labor.''.
(b) Court Cases.--Section 2412(d) of title 28, United States Code,
is amended--
(1) by amending paragraph (1)(A) to read as follows: ''(A)
Except as otherwise specifically provided by statute, a court,
in any civil action (other than cases sounding in tort),
including proceedings for judicial review of agency action,
brought by or against the United States in any court having
jurisdiction of that action, shall award to a prevailing party
(other than the United States) fees and other expenses, in
addition to any costs awarded pursuant to subsection (a),
incurred by that party in the civil action, unless the court
finds that the position of the United States was substantially
justified or that special circumstances make an award unjust.
Fees and other expenses may be awarded under this paragraph
only to a prevailing party who has a direct and personal
interest in the civil action because of medical costs, property
damage, denial of benefits, unpaid disbursement, fees and other
expenses incurred in defense of the civil action, interest in a
policy concerning such medical costs, property damage, denial
of benefits, unpaid disbursement, or fees and other expenses,
or otherwise.'';
(2) in paragraph (1)(C)--
(A) by striking ''court, in its discretion, may''
and inserting ''court shall''; and
(B) by striking ''unduly and unreasonably'' and
inserting ''unduly or unreasonably'';
(3) in paragraph (2)--
(A) in subparagraph (A)(ii), by striking ''$125''
and all that follows through the end and inserting
''$200 per hour.);'';
(B) in subparagraph (B)(ii), by striking ''; except
that'' and all that follows through ''section 601 of
title 5;'' and inserting ''except that--
''(I) the net worth of a party (other than an
individual or a unit of local government) shall include
the net worth of any parent entity or subsidiary of
that party; and
''(II) for purposes of subclause (I)--
''(aa) a 'parent entity' of a party is an
entity that owns or controls the equity or
other evidences of ownership in that party; and
''(bb) a 'subsidiary' of a party is an
entity the equity or other evidences of
ownership in which are owned or controlled by
that party;''; and
(4) by adding at the end the following:
''(5) The Director of the Office of Management and Budget shall
adjust the maximum hourly fee set forth in paragraph (2)(A)(ii) for the
fiscal year beginning October 1, 2012, and for each fiscal year
thereafter, to reflect changes in the Consumer Price Index, as
determined by the Secretary of Labor.
''(6)(A) The Chairman of the Administrative Conference of the
United States shall report annually to the Congress on the amount of
fees and other expenses awarded during the preceding fiscal year
pursuant to this subsection. The report shall describe the number,
nature, and amount of the awards, the claims involved in each
controversy, and any other relevant information which may aid the
Congress in evaluating the scope and impact of such awards. Each agency
shall provide the Chairman with such information as is necessary for
the Chairman to comply with the requirements of this paragraph. The
report shall be made available to the public online.
''(B)(i) The report required by subparagraph (A) shall account for
all payments of fees and other expenses awarded under this subsection
that are made pursuant to a settlement agreement, regardless of whether
the settlement agreement is sealed or otherwise subject to
nondisclosure provisions, except that any version of the report made
available to the public may not reveal any information the disclosure
of which is contrary to the national security of the United States.
''(ii) The disclosure of fees and other expenses required under
clause (i) does not affect any other information that is subject to
nondisclosure provisions in the settlement agreement.
''(C) The Chairman of the Administrative Conference shall include
and clearly identify in the annual report under subparagraph (A), for
each case in which an award of fees and other expenses is included in
the report--
''(i) any amounts paid from section 1304 of title 31 for a
judgment in the case;
''(ii) the amount of the award of fees and other expenses;
and
''(iii) the statute under which the plaintiff filed suit.
''(7) The Chairman of the Administrative Conference shall create
and maintain online a searchable database containing the following
information with respect to each award of fees and other expenses under
this subsection:
''(A) The name of each party to whom the award was made.
''(B) The name of each counsel of record representing each
party to whom the award was made.
''(C) The agency involved in the case.
''(D) The name of each counsel of record representing the
agency involved in the case.
''(E) The name of each judge in the case, and the court in
which the case was heard.
''(F) The amount of the award.
''(G) The names and hourly rates of each expert witness for
whose services the award was made.
''(H) The basis for the finding that the position of the
agency concerned was not substantially justified.
''(8) The online searchable database described in paragraph (7) may
not reveal any information the disclosure of which is prohibited by law
or court order, or the disclosure of which is contrary to the national
security of the United States.
''(9) The Attorney General of the United States shall provide to
the Chairman of the Administrative Conference of the United States in a
timely manner all information necessary for the Chairman to carry out
the Chairman's responsibilities under this subsection.''.
(c) Clerical Amendment.--Section 2412(e) of title 28, United States
Code, is amended by striking ''of section 2412 of title 28, United
States Code,'' and inserting ''of this section''.

SEC. 3. GAO STUDY.

Not later than 30 days after the date of the enactment of this Act,
the Comptroller General shall commence an audit of the implementation
of the Equal Access to Justice Act for the years 1995 through the end
of the calendar year in which this Act is enacted. The Comptroller
General shall, to the extent practical, not later than 1 year after the
end of the calendar year in which this Act is enacted, complete such
audit and submit to the Congress a report on the results of the audit.

SOLUTION:
Government Litigation Savings Act - (Sec. 2) Revises provisions of the Equal Access to Justice Act (EAJA) and the federal judicial code relating to the fees and other expenses of parties in agency proceedings and court cases against the federal government.

Restricts awards of fees and other expenses under EAJA to prevailing parties with a direct and personal interest in an adjudication, including because of medical costs, property damage, denial of benefits, an unpaid disbursement, and other expenses of adjudication, or because of a policy interest.

Requires (currently, authorizes) the reduction or denial of an award if the party during the course of the proceedings engaged in conduct which unduly or unreasonably (currently, unduly and unreasonably) protracted the final resolution of the matter in controversy.

Increases to $200 per hour the cap on attorney fees awarded under EAJA and eliminates the cost-of-living and special factor considerations for allowing an increase in the hourly rate for such fees.

Eliminates the net worth exemption for determining eligibility for fees and expenses under EAJA for tax-exempt organizations and cooperative associations under the Agricultural Marketing Act.

Expands the reporting requirements of the Chairman of the Administrative Conference of the United States to require the Chairman to report on fees and expenses awarded pursuant to a settlement agreement and to create and maintain online a searchable database containing detailed information with respect to each award of fees and other expenses under EAJA.

(Sec. 3) Requires the Comptroller General (GAO) to: (1) audit the implementation of EAJA for the years 1995 through the end of the calendar year in which this Act is enacted, (2) complete such audit not later that one year after the end of the calendar year in which this Act is enacted, and (3) report to Congress on the results of such audit.