SECTION 1. SHORT TITLE. This Act may be cited as the ``Empowerment Zone Enhancement Act of 1998''. SEC. 2. FUNDING ENTITLEMENT FOR ADDITIONAL ENTERPRISE ZONES. (a) Entitlement.--Section 2007(a)(1) of the Social Security Act (42 U.S.C. 1397f(a)) is amended-- (1) in subparagraph (A), by striking ``in the State; and'' and inserting ``in the State designated pursuant to section 1391(b) of the Internal Revenue Code of 1986;''; (2) in subparagraph (B), by striking the period at the end and inserting ``; and''; and (3) by adding after subparagraph (B) the following new subparagraph: ``(C) 10 grants under this section for each qualified empowerment zone in the State designated pursuant to section 1391(g) of such Code.''. (b) Amount of Grants.--Section 2007(a)(2) of that Act (42 U.S.C. 1397f(a)(2)) is amended-- (1) in the heading of subparagraph (A), by inserting ``original'' before ``empowerment''; (2) in subparagraph (A), in the matter preceding clause (i), by inserting ``described in paragraph (1)(A)'' after ``empowerment zone''; (3) by redesignating subparagraph (C) as subparagraph (D); and (4) by inserting after subparagraph (B) the following new subparagraph: ``(C) Additional empowerment grants.--The amount of each grant to a State under this section for a qualified empowerment zone described in paragraph (1)(C) shall be-- ``(i) if the zone is designated in an urban area, $10,000,000, or ``(ii) if the zone is designated in a rural area, $4,000,000, multiplied by the proportion of the population of the zone that resides in the State.''. (c) Timing of Grants.--Section 2007(a)(3) of that Act (42 U.S.C. 1397f(a)(3)) is amended-- (1) in the heading of subparagraph (A), by inserting ``original'' before ``qualified''; (2) in subparagraph (A), in the matter preceding clause (i), by inserting ``described in paragraph (1)(A)'' after ``empowerment zone''; and (3) by adding after subparagraph (B) the following new subparagraph: ``(C) Additional qualified empowerment zones.--With respect to each qualified empowerment zone described in paragraph (1)(C), the Secretary shall make-- ``(i) 1 grant under this subsection to the State in which the zone lies, on the date of the designation of the zone under such part I; and ``(ii) 1 grant under this subsection to such State, on the first day of each of the nine fiscal years that begin after the date of the designation.''. (d) Funding.--Section 2007(a)(4) of that Act (42 U.S.C. 1397f(a)(4)) is amended-- (1) by relocating and redesignating the matter following the caption as subparagraph (A); (2) by inserting ``Original grants.--'' after the subparagraph designation ``(A)''; (3) in subparagraph (A), as so redesignated, by inserting before the period ``for empowerment zones and enterprise communities described in subparagraphs (A) and (B) of paragraph (1)''; and (4) by adding after subparagraph (A), as so redesignated, the following new subparagraph: ``(B) Additional grants.--$1,700,000,000 shall be made available to the Secretary for grants under this section for empowerment zones described in paragraph (1)(C).''. SEC. 3. RESPONSIBILITY FOR ENVIRONMENTAL REVIEW. Section 2007 of the Social Security Act (42 U.S.C. 1397f) is amended-- (1) by redesignating subsection (f) as subsection (h); and (2) by inserting after subsection (e) the following new subsection: ``(f) Environmental Review.-- ``(1) Execution of responsibility by the secretary of housing and urban development and the secretary of agriculture.-- ``(A) Applicability.--This subsection shall apply to grants under this section in connection with empowerment zones and enterprise communities designated under section 1391(a) of the Internal Revenue Code of 1986 and empowerment zones designated under section 1391(g) of such Code-- ``(i) by the Secretary of Housing and Urban Development in the case of those located in urban areas; and ``(ii) by the Secretary of Agriculture in the case of those located in rural areas. ``(B) Execution of responsibility.--With respect to grants described in subparagraph (A), the Secretary of Housing and Urban Development and the Secretary of Agriculture, as appropriate, shall execute the responsibilities under the National Environmental Policy Act of 1969 and other provisions of law which further the purposes of such Act (as specified in regulations issued by each such Secretary under paragraph (2)(B)) that would otherwise apply to the Secretary of Health and Human Services, and may provide for the assumption of such responsibilities in accordance with paragraphs (2) through (5). ``(C) Definition of secretary.--Except as used in subparagraphs (A) and (B), the term `Secretary' as used in this subsection means the Secretary of Housing and Urban Development for purposes of grants under this section with respect to urban areas and means the Secretary of Agriculture for purposes of grants under this section with respect to rural areas. ``(2) Assumption of responsibility by states, units of general local government, and indian tribes.-- ``(A) Release of funds.--In order to assure that the policies of the National Environmental Policy Act of 1969 and other provisions of law that further the purposes of such Act (as specified in regulations issued by the Secretary under paragraph (2)(B)) are most effectively implemented in connection with the expenditure of funds under this section, and to assure to the public undiminished protection of the environment, the Secretary may, under such regulations, in lieu of the environmental protection procedures otherwise applicable, provide for the release of funds for particular projects to recipients of assistance under this section if the State, unit of general local government, or Indian tribe, as designated by the Secretary in accordance with regulations issued by the Secretary under paragraph (2)(B), assumes all of the responsibilities for environmental review, decisionmaking, and action pursuant to such Act, and such other provisions of law as the regulations of the Secretary specify, that would otherwise apply to the Secretary were the Secretary to undertake such projects as Federal projects. ``(B) Implementation.--The Secretary of Housing and Urban Development and the Secretary of Agriculture shall each issue regulations to carry out this subsection only after consultation with the Council on Environmental Quality. Such regulations shall-- ``(i) specify any other provisions of law which further the purposes of the National Environmental Policy Act of 1969 and to which the assumption of responsibility as provided in this subsection applies; ``(ii) provide eligibility criteria and procedures for the designation of a State, unit of general local government, or Indian tribe to assume all of the responsibilities in this section; ``(iii) specify the purposes for which funds may be committed without regard to the procedure established under paragraph (3); ``(iv) provide for monitoring of the performance of environmental reviews under this subsection; ``(v) in the discretion of the Secretary, provide for the provision or facilitation of training for such performance; and ``(vi) subject to the discretion of the Secretary, provide for suspension or termination by the Secretary of the assumption under subparagraph (A). ``(C) Responsibilities of state, unit of general local government, or indian tribe.--The Secretary's duty under subparagraph (B) shall not be construed to limit any responsibility assumed by a State, unit of general local government, or Indian tribe with respect to any particular release of funds under subparagraph (A). ``(3) Procedure.--The Secretary shall approve the release of funds for projects subject to the procedures authorized by this subsection only if, not less than 15 days prior to such approval and prior to any commitment of funds to such projects (except for such purposes specified in the regulations issued under paragraph (2)(B)), the recipient submits to the Secretary a request for such release accompanied by a certification of the State, unit of general local government, or Indian tribe which meets the requirements of paragraph (4). The approval by the Secretary of any such certification shall be deemed to satisfy the Secretary's responsibilities pursuant to paragraph (1) under the National Environmental Policy Act of 1969 and such other provisions of law as the regulations of the Secretary specify insofar as those responsibilities relate to the release of funds for projects to be carried out pursuant thereto which are covered by such certification. ``(4) Certification.--A certification under the procedures authorized by this subsection shall-- ``(A) be in a form acceptable to the Secretary; ``(B) be executed by the chief executive officer or other officer of the State, unit of general local government, or Indian tribe who qualifies under regulations of the Secretary; ``(C) specify that the State, unit of general local government, or Indian tribe under this subsection has fully carried out its responsibilities as described under paragraph (2); and ``(D) specify that the certifying officer-- ``(i) consents to assume the status of a responsible Federal official under the National Environmental Policy Act of 1969 and each provision of law specified in regulations issued by the Secretary insofar as the provisions of such Act or other such provision of law apply pursuant to paragraph (2); and ``(ii) is authorized and consents on behalf of the State, unit of general local government, or Indian tribe and himself or herself to accept the jurisdiction of the Federal courts for the purpose of enforcement of the responsibilities as such an official. ``(5) Approval by states.--In cases in which a unit of general local government carries out the responsibilities described in paragraph (2), the Secretary may permit the State to perform those actions of the Secretary described in paragraph (3). The performance of such actions by the State, where permitted, shall be deemed to satisfy the responsibilities referred to in the second sentence of paragraph (3).''. SEC. 4. PERFORMANCE MEASUREMENT AND EVALUATION; GRANT ADJUSTMENTS. Section 2007 of the Social Security Act (42 U.S.C. 1397f), as amended by section 4, is further amended by adding after subsection (f) the following new subsection: ``(g) Performance Measurement System, Reports, and Evaluations, Grant Adjustments, and Related Matters.-- ``(1) Applicability.--The requirements of this subsection-- ``(A) apply to all grants made by a State, from grants to the State under subsection (a)(2)(C), to lead implementing entities (as defined in paragraph (7)) for empowerment zones designated pursuant to section 1391(g) of the Internal Revenue Code of 1986 (26 U.S.C. 1391(g)); and ``(B) are in addition to the annual report and biennial audit requirements applicable to States under section 2006. ``(2) Performance measurement system.--The lead implementing entity for an empowerment zone shall establish a performance measurement system acceptable to the Secretary to assist in assessing the extent to which its strategic plan is being implemented and funds made available under subsection (a)(2)(C) are being used effectively. ``(3) Performance report.--Each lead implementing entity shall submit to the Secretary (and make available to the public upon request), at such time and in such manner as the Secretary shall prescribe, a report including an assessment of the progress the empowerment zone has made toward implementing its strategic plan, and such other information as the Secretary shall prescribe. To the extent practicable, the report shall also include information available to the lead implementing entity with respect to the use of tax incentives available to empowerment zones designated pursuant to section 1391(g) of the Internal Revenue Code of 1986. ``(4) Performance evaluations, adjustments, and recordkeeping.-- ``(A) Performance evaluations.--The Secretary shall regularly evaluate the progress of the lead implementing entity for the empowerment zone in implementing the strategic plan for the zone, on the basis of performance reviews and any other information that the Secretary may require. ``(B) Adjustments.--On the basis of the Secretary's evaluation under subparagraph (A), the Secretary may direct the Secretary of Health and Human Services to adjust, reduce, or cancel the grant to a State under subsection (a)(2)(C) for the current or any future fiscal year or years, except that amounts already properly expended by a lead implementing entity on eligible activities under this Act shall not be recaptured or deducted from future grants to the State. ``(5) Retention of records.--Each lead implementing entity shall keep such records relating to funds received from grants to the State under subsection (a)(2)(C), including the amounts and disposition of such funds and the types of activities funded, as the Secretary determines to be necessary to enable the Secretary to evaluate the performance of the lead implementing agency and to determine compliance with the requirements of this subsection. ``(6) Secretary's access to documents.--The Secretary shall have access, for the purpose of evaluations and examinations pursuant to paragraph (4)(A), to any books, documents, papers, and records of any grantee or other entity or person that are pertinent to grant amounts received in connection with this section. ``(7) Definitions.--For purposes of this subsection-- ``(A) The term `lead implementing entity' means the local government or governments, the governance body of an empowerment zone as specified in the strategic plan, or any non-profit entity that is principal administrator of an empowerment zone. ``(B) The term `Secretary' means the Secretary of Housing and Urban Development for purposes of grants under this section with respect to urban areas and means the Secretary of Agriculture for purposes of grants under this section with respect to rural areas, except as the context otherwise indicates.''. SEC. 5. TECHNICAL AMENDMENTS. Section 2007(b) of the Social Security act is amended-- (1) in paragraph (2), in the matter preceding subparagraph (A), by striking ``to prevent''; and (2) in paragraph (4), in the matter preceding subparagraph (A), by striking ``maintain'' and inserting ``maintaining''.

Summary: Empowerment Zone Enhancement Act of 1998 - Amends title XX (Block Grants to States for Social Services) of the Social Security Act with respect to additional grants to: (1) provide for grant funding for additional empowerment zones; (2) set the amount of such grants for zones in urban ($10 million) and rural ($4 million) areas, as well as the timing of such grants (ten years of one-year grants); (3) provide funding for such grants; (4) require environmental review by the Secretary of Housing and Urban Development (urban areas) and the Secretary of Agriculture (rural areas); and (5) require the lead implementing entity for an empowerment zone to establish a performance measurement system.


SECTION 1. SHORT TITLE; FINDINGS; AND PURPOSES. (a) Short Title.--This Act may be cited as the ``Mentor Schools Act''. (b) Findings.--The Congress finds that-- (1) while low-income students have made significant gains with respect to educational achievement and attainment, considerable gaps still persist for these students in comparison to those from more affluent socio-economic backgrounds; (2) our Nation has a compelling interest in assuring that all children receive a high quality education; (3) new methods and experiments to revitalize the educational achievement of, and opportunities for, low-income individuals must be a part of any comprehensive solution to the problems in our Nation's educational system; (4) successful educational alternatives should be widely implemented to better the education of low-income individuals; (5) preliminary research shows that same gender schools produce promising academic and behavioral improvements in both sexes for low-income, educationally disadvantaged students; (6) extensive data on same gender schools are needed to determine whether same gender schools are closely tailored to achieving the compelling government interest in assuring that all children are educated to the best of their ability; (7) in recent years efforts to experiment with same gender schools have been inhibited by lawsuits and threats of lawsuits by private groups as well as governmental entities; and (8) same gender schools are a legal educational alternative to coeducational schools and are not prohibited under the regulations under title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), as such regulations were in effect on the day preceding the date of enactment of this Act, so long as-- (A) comparable courses, services and facilities are available to students of each sex; and (B) the same policies and criteria for admission to such schools are used for both sexes. (c) Purposes.--It is the purpose of this Act-- (1) to award grants to local educational agencies for the establishment of same gender schools for low-income students; (2) to determine whether same gender schools make a difference in the educational achievement and opportunities of low-income, educationally disadvantaged individuals; (3) to improve academic achievement and persistence in school; and (4) to involve parents in the educational options and choices of their children. SEC. 2. DEFINITIONS. As used in this Act-- (1) the term ``evaluating agency'' means any academic institution, consortium of professionals, or private or nonprofit organization, with demonstrated experience in conducting evaluations, that is not an agency or instrumentality of the Federal Government; (2) the term ``mentor school'' means a public elementary school or secondary school, or consortium of such schools, that-- (A)(i) in the case of a public elementary school or secondary school, receives funds under this Act; or (ii) in the case of a consortium of such schools, all of which receive funds under this Act; (B) develops a plan for, and provides access to-- (i) a school for boys; (ii) a school for girls; and (iii) a coeducational school; (C) gives parents the option of choosing to send their child to each school described in subparagraph (B); (D) admits students on the basis of a lottery, if more students apply for admission to a school described in clause (i) or (ii) of subparagraph (B) that can be accommodated; (E) operates, as part of the educational program of a school described in clause (i) or (ii) of subparagraph (B), a one-to-one mentoring program that-- (i) involves members from the community served by such school as volunteer mentors; (ii) pairs an adult member of such community with a student of the same gender as such member; and (iii) involves the collaboration of one or more community groups with experience in mentoring or other relationship development activities; and (F) operates in pursuit of improving achievement among all children based on a specific set of educational objectives determined by the local educational agency applying for a grant under this part, in conjunction with the mentor school advisory board established under section 3(d), and agreed to by the Secretary; (3) the term ``mentor school advisory board'' means an advisory board established in accordance with section 3(d); and (4) the term ``Secretary'' means the Secretary of Education. SEC. 3. PROGRAM AUTHORIZED. (a) Authority.-- (1) In general.--From amounts made available under section 7, the Secretary is authorized to award grants to not more than 100 local educational agencies for the planning and operation of one or more mentor schools. (2) Eligible local educational agencies.--The Secretary shall only award a grant under paragraph (1) to a local educational agency that-- (A) receives funds under section 1124A of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6334); and (B) is among the 20 percent of local educational agencies receiving funds under section 1124A (20 U.S.C. 6334) of such Act in the State that have the highest number of children described in section 1124(c) (20 U.S.C. 6333(c)) of such Act. (b) Grant Periods.--Each grant under subsection (a) may be awarded for a period of not more than 5 years, of which a local educational agency may use not more than 1 year for planning and program development for a mentor school. (c) Limitation.--The Secretary shall not award more than 1 grant under this Act to support a particular mentor school. (d) Mentor School Advisory Board.--Each local educational agency receiving a grant under this Act shall establish a mentor school advisory board. Such advisory board shall be composed of school administrators, parents, teachers, local government officials and volunteers involved with a mentor school. Such advisory board shall assist the local educational agency in developing the application for assistance under section 4 and serve as an advisory board in the functioning of the mentor school. (e) Alternative Teaching Certificates.--Each local educational agency operating a mentor school under this Act is encouraged to employ teachers with alternative teaching certificates, including participants in the program assisted under section 1151 of title 10, United States Code (Troops to Teachers Program). SEC. 4. APPLICATIONS. (a) Applications Required.--Each local educational agency desiring a grant under this Act shall submit an application to the Secretary at such time, in such manner and accompanied by such information as the Secretary may reasonably require. (b) Application Contents.--Each application described in subsection (a) shall include-- (1) a description of the educational program to be implemented by the proposed mentor school, including-- (A) the grade levels or ages of children to be served; and (B) the curriculum and instructional practices to be used; (2) a description of the objectives of the local educational agency for the mentor school and a description of how such agency intends to monitor and study the progress of children participating in the mentor school; (3) a description of how the local educational agency intends to include in the mentor school administrators, teaching personnel, and role models from the private sector; (4) a description of how school administrators, parents, teachers, local government and volunteers will be involved in the design and implementation of the mentor school; (5) a description of the one-to-one mentoring program required by section 2(2)(E); (6) a description of how the local educational agency or the State, as appropriate, will provide for continued operation of the mentor school once the Federal grant has expired, if such agency determines that such school is successful; (7) a description of how the grant funds will be used; (8) a description of how students in attendance at the mentor school, or in the community served by such school, will be-- (A) informed about such school; and (B) informed about the fact that admission to a school described in section 2(2)(B) is completely voluntary; (9) a description of how grant funds provided under this Act will be used in conjunction with funds provided to the local educational agency under any other program administered by the Secretary; (10) an assurance that the local educational agency will annually provide the Secretary such information as the Secretary may require to determine if the mentor school is making satisfactory progress toward achieving the objectives described in paragraph (2); (11) an assurance that the local educational agency will cooperate with the Secretary in evaluating the program authorized by this Act; (12) an assurance that resources provided under this Act shall be used equally for schools for boys and for schools for girls; (13) an assurance that the activities assisted under this Act will not have an adverse affect, on either sex, that is caused by-- (A) the quality of facilities for boys and for girls; (B) the nature of the curriculum for boys and for girls; (C) program activities for boys and for girls; and (D) instruction for boys and for girls; and (14) such other information and assurances as the Secretary may require. SEC. 5. SELECTION OF GRANTEES. The Secretary shall award grants under this Act on the basis of the quality of the applications submitted under section 4, taking into consideration such factors as-- (1) the quality of the proposed curriculum and instructional practices for the mentor school; (2) the organizational structure and management of the mentor school; (3) the quality of the plan for assessing the progress made by students served by a mentor school over the period of the grant; (4) the extent of community support for the application; (5) the likelihood that the mentor school will meet the objectives of such school and improve educational results for students; and (6) the assurances submitted pursuant to section 4(b)(13). SEC. 6. EVALUATION. (a) In General.--From the amount appropriated under section 7 for each fiscal year, the Secretary shall make available to the Comptroller General 1 percent of such amount to enable the Comptroller General to enter into a contract with an evaluating agency for the evaluation of the mentor schools program under this Act. Such evaluation shall measure the academic competence and social development of students attending mentor schools, including school attendance levels, student achievement levels, drop out rates, college admissions, incidences of teenage pregnancy, and incidences of incarceration. (b) Report.--The evaluating agency entering into the contract described in subsection (a) shall submit a report to the Congress not later than September 30, 2002, regarding the results of the evaluation conducted in accordance with such subsection. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated $300,000,000 for fiscal year 1996 and such sums as may be necessary for each of the fiscal years 1997, 1998, 1999, and 2000 to carry out this Act. (b) Availability.--Funds appropriated under subsection (a) shall remain available until expended.

Summary: Mentor Schools Act - Authorizes the Secretary of Education to award grants to not more than 100 eligible local educational agencies for the planning and operation of one or more mentor schools. Prohibits the Secretary from awarding more than one such grant to support a particular mentor school. Requires each local educational agency receiving such a grant to establish a mentor school advisory board. Encourages each local educational agency operating such a mentor school to employ teachers with alternative teaching certificates, including participants in the Troops to Teachers Program. Sets forth requirements for: (1) applications; (2) selection of grantees; and (3) non-Federal evaluating agencies' evaluations and reports (in contract with the Comptroller General). Authorizes appropriations.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Overtime Reform and Review Act''. SEC. 2. INCREMENTAL INCREASES TO SALARY THRESHOLD. (a) In General.--Section 13 of the Fair Labor Standards Act of 1938 (29 U.S.C. 213) is amended-- (1) in subsection (a)(1), by inserting ``subsection (k) and'' after ``subject to''; and (2) by adding at the end the following: ``(k) Requirements for Salary Threshold.-- ``(1) In general.--In promulgating regulations for purposes of defining and delimiting the terms defining employees exempt under subsection (a)(1), the Secretary shall require that any employee exempt under such subsection is compensated at a rate that is not less than the applicable salary threshold established under paragraph (2). ``(2) Incremental increases.-- ``(A) Initial threshold.--The Secretary shall establish an applicable salary threshold, beginning on December 1, 2016, that is a rate of compensation equal to $35,984 per year, or $692 per week. ``(B) Subsequent increases.--Notwithstanding subparagraph (A) and subject to paragraph (3), the applicable salary threshold established under subparagraph (A) may be increased to a rate of compensation that is equal to-- ``(i) beginning on December 1, 2018, $39,780 per year or $765 per week; ``(ii) beginning on December 1, 2019, $43,628 per year or $839 per week; ``(iii) beginning on December 1, 2020, $47,476 per year or $913 per week; and ``(iv) beginning on December 1, 2021, any rate of compensation provided by the Secretary in accordance with paragraph (4) and subsection (l). ``(3) Requirements for increases.--With respect to nonprofit organizations (including nonprofit institutions of higher education), Medicare or Medicaid dependent health care providers, and State and local governments, the increases provided in clauses (i), (ii), and (iii) of paragraph (2)(B) shall occur only if-- ``(A) the Comptroller General of the United States conducts and submits the study under section 3 of the Overtime Reform and Review Act in accordance with that section; and ``(B) not later than June 1, 2018, the Comptroller General, in coordination with the Secretary and the Chief Counsel for Advocacy of the Small Business Administration, certifies that the increase in the salary threshold under paragraph (2)(A) from the salary threshold in effect prior to December 1, 2016, has not-- ``(i) resulted in an increased rate of part-time employment; or ``(ii) negatively impacted workplace flexibility, benefit structures, career advancement opportunity, or job growth. ``(4) Salary threshold after december 1, 2021.--Not prior to December 1, 2021, the Secretary may issue a rule through notice and comment rulemaking in accordance with section 553 of title 5, United States Code, to change the rate of compensation for the applicable salary threshold under paragraph (2). ``(5) Rule of construction.--Nothing in this subsection shall require the Secretary to promulgate the regulations described in this subsection in accordance with the formal rulemaking provisions of sections 556 and 557 of title 5, United States Code.''. (b) Definitions.--Section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203) is amended by adding at the end the following: ``(z) `Medicare or Medicaid dependent health care provider' means an employer who derives more than 50 percent of its revenue from payments under the Medicare program established under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.), a State plan under the Medicaid program under title XIX of such Act (42 U.S.C. 1396 et seq.), or both.''. (c) Effective Date.--This section, and the amendments made by this section, shall take effect on December 1, 2016. SEC. 3. GAO STUDY. (a) In General.--Not later than March 1, 2018, the Comptroller General of the United States shall conduct, and submit in accordance with subsection (c), a study on the implementation of the salary threshold provided under section 13(k)(2)(A) of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(k)(2)(A)). (b) Contents.--The study under this section shall include each of the following: (1) The number of small entities affected by the increase in the salary threshold provided under section 13(k)(2)(A) of the Fair Labor Standards Act of 1938 compared to the salary threshold in effect prior to December 1, 2016. (2) An analysis of the impact of such increase based on regional, State, metropolitan, and nonmetropolitan salary data and cost-of-living differences. (3) The percentile of full-time salaried workers affected by such increase, including disaggregation by-- (A) State; (B) industry subsector; (C) small organizations; (D) small government jurisdictions; (E) nonprofit organizations; (F) institutions of higher education as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001); (G) Medicare or Medicaid dependent health care providers, as defined in section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203); and (H) small businesses. (4) Management and human resource costs for all employers in implementing such increase. (5) The impact of the increase on lower-wage industries, including by geographic area. (6) All nonfinancial costs associated with the increase, including the impact on employment (including rates of unemployment and part-time employment), workplace flexibility, employee benefit structures, career advancement opportunity, new business formation and termination, and loss of market share to foreign competition. (7) The impact of the increase on the number of individuals in the United States who are ``marginally attached'' or ``discouraged'' as defined by the Bureau of Labor Statistics. (c) Submission.--The study under this section shall be submitted to the Committee on Health, Education, Labor, and Pensions of the Senate, the Committee on Education and the Workforce of the House of Representatives, the Committee on Small Business and Entrepreneurship of the Senate, and the Committee on Small Business of the House of Representatives. SEC. 4. ENFORCEMENT OF DEPARTMENT OF LABOR RULE. (a) In General.--Beginning on the date of enactment of this Act, or December 1, 2016, whichever date is earlier-- (1) the rule submitted by the Department of Labor entitled ``Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer Employees'' (81 Fed. Reg. 32391 (May 23, 2016)) shall cease to have any force or effect; (2) the Secretary of Labor shall not enforce such rule based on conduct occurring before or after such date; (3) an employee shall not have any right of action against an employer for the employer's failure to comply with such rule at any time prior to or after such date; and (4) any regulations that were amended by such rule shall be restored and revived as if such rule had never taken effect. (b) Clarification.--Notwithstanding subsection (a), nothing in this Act shall be construed to create a right of action for an employer against an employee for the recoupment of any payments made to the employee prior to the date of enactment of this Act, or December 1, 2016, whichever date is earlier, that were in compliance with the rule described in subsection (a)(1). SEC. 5. FAIR LABOR STANDARDS ACT OF 1938 CLARIFICATION. (a) Sense of the Senate.--It is the sense of the Senate that section 13(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(a)(1)), including as in effect on the day before the date of enactment of this Act-- (1) requires the Secretary of Labor to issue a new rule through notice and comment rulemaking in accordance with section 553 of title 5, United States Code, for each specific and enumerated change to the salary threshold provided in regulations promulgated under such section 13(a)(1), proposed by the Secretary of Labor; and (2) prohibits any rule that would result in a change to the salary threshold for which a specific and enumerated rate of compensation for the salary threshold was not proposed, including any procedure that automatically updates the salary threshold. (b) FLSA Amendment.--Section 13 of the Fair Labor Standards Act of 1938 (29 U.S.C. 213), as amended by section 2, is further amended-- (1) in subsection (a)(1), by inserting ``in accordance with subsection (l)'' after ``regulations of the Secretary''; and (2) by adding at the end the following: ``(l) Requirements for Updating the Salary Threshold.-- ``(1) In general.--For any change to the salary threshold provided in regulations promulgated under subsection (a)(1), the Secretary shall-- ``(A) propose a specific and enumerated rate of compensation required for an employee to be exempt under such subsection; and ``(B) issue a rule through notice and comment rulemaking in accordance with section 553 of title 5, United States Code. ``(2) Prohibition on automatic updates.--In accordance with paragraph (1), the Secretary may not issue any rule that would result in a change to the salary threshold provided in regulations promulgated under subsection (a)(1) based on any procedure that automatically updates the salary threshold without taking each action required under paragraph (1).''.

Summary: Overtime Reform and Review Act This bill amends the Fair Labor Standards Act of 1938 (FLSA) with respect to exemptions from minimum wage and maximum hour requirements for executive, administrative, professional and outside sales employees to increase over a five-year period the salary threshold for such exemptions, beginning on December 1, 2016, with a subsequent increase on December 1, 2018, and each December 1 through 2021. The Government Accountability Office shall conduct, and submit to Congress, a study of the implementation of the 2016 initial salary threshold. The rule submitted by the Department of Labor entitled "Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer Employees" shall cease to have any force or effect. This bill amends the FLSA, with respect to requirements for updating the salary threshold, to direct Labor, for any change to the salary threshold, to: (1) propose a specific and enumerated rate of compensation required for an employee to be exempt from minimum wage and maximum hour requirements, and (2) issue a rule through notice and comment rulemaking.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Judicial Administration and Improvement Act of 2016''. SEC. 2. DEFINITIONS. In this Act: (1) Former ninth circuit.--The term ``former ninth circuit'' means the ninth judicial circuit of the United States as in existence on the day before the effective date of this Act. (2) New ninth circuit.--The term ``new ninth circuit'' means the ninth judicial circuit of the United States established by the amendment made by section 3. (3) Twelfth circuit.--The term ``twelfth circuit'' means the twelfth judicial circuit of the United States established by the amendment made by section 3. SEC. 3. NUMBER AND COMPOSITION OF CIRCUITS. Section 41 of title 28, United States Code, is amended-- (1) in the matter preceding the table, by striking ``thirteen'' and inserting ``fourteen''; and (2) in the table-- (A) by striking the item relating to the ninth circuit and inserting the following: ``Ninth........................ California, Hawaii, Oregon, Washington, Guam, Northern Mariana Islands.''; and (B) by inserting after the item relating to the eleventh circuit the following: ``Twelfth...................... Alaska, Arizona, Idaho, Montana, Nevada.''. SEC. 4. NUMBER OF CIRCUIT JUDGES. The table contained in section 44(a) of title 28, United States Code, is amended-- (1) by striking the item relating to the ninth circuit and inserting the following: ``Ninth......................................................... 21''; and (2) by inserting after the item relating to the eleventh circuit the following: ``Twelfth....................................................... 8''. SEC. 5. PLACES OF CIRCUIT COURT. The table contained in section 48(a) of title 28, United States Code, is amended by inserting after the item relating to the eleventh circuit the following: ``Twelfth...................... Las Vegas, Phoenix, Anchorage, Missoula.''. SEC. 6. ELECTION OF ASSIGNMENT OF CIRCUIT JUDGES. (a) In General.--Each circuit judge of the former ninth circuit who is in regular active service and whose official duty station on the day before the effective date of this Act-- (1) is in California, Oregon, Washington, Guam, Hawaii, or the Northern Mariana Islands shall be a circuit judge of the new ninth circuit as of such effective date; and (2) subject to subsection (b), is in Alaska, Arizona, Idaho, Montana, or Nevada, shall be a circuit judge of the twelfth circuit as of such effective date. (b) Election by Certain Circuit Judges.--A circuit judge in regular active service as described in subsection (a)(2) may elect to be permanently assigned to the new ninth circuit as of such effective date by notifying the Director of the Administrative Office of the United States Courts of such election. (c) Vacancies.--For each individual serving in the position of circuit judge of the former ninth circuit whose official duty station on the day before the effective date of this Act is in Alaska, Arizona, Idaho, Montana, or Nevada, after the date on which such individual ceases to serve as a circuit judge, the President shall appoint, by and with the advice and consent of the Senate, 1 additional circuit judge for the twelfth circuit, without regard to whether such individual makes an election described in subsection (b). SEC. 7. ELECTION OF ASSIGNMENT BY SENIOR JUDGES. Each judge who is a senior circuit judge of the former ninth circuit, whose official duty station on the day before the effective date of this Act is in Alaska, Arizona, Idaho, Montana, or Nevada, may elect to be assigned to the new ninth circuit or the twelfth circuit as of such effective date and shall notify the Director of the Administrative Office of the United States Courts of such election. SEC. 8. AUTHORIZATION OF TEMPORARY JUDGESHIPS. (a) In General.--For each circuit judge in regular active service who elects to be assigned to the new ninth circuit under section 6(b), the President shall appoint, by and with the advice and consent of the Senate, 1 additional circuit judge for the twelfth circuit, resident in the duty station of the circuit judge making the election as of the day before the effective date of this Act. (b) Vacancies.--For each appointment made under subsection (a) for the twelfth circuit, an equal number of corresponding vacancies in the position of circuit judge for the twelfth circuit shall not be filled. SEC. 9. SENIORITY OF JUDGES. (a) In General.--The seniority of each judge-- (1) who elects to be assigned to the twelfth circuit under section 6(b); (2) who elects to be assigned to the new ninth circuit under section 6(b); or (3) who elects to be assigned to the twelfth circuit under section 7, shall run from the date of commission of such judge as a judge of the former ninth circuit. (b) Temporary Twelfth Circuit Judges.--The seniority of each judge appointed under section 8(a) shall run from the date of commission of such judge as a judge of the twelfth circuit. SEC. 10. APPLICATION TO CASES. The following apply to any case in which, on the day before the effective date of this Act, an appeal or other proceeding has been filed with the former ninth circuit: (1) Except as provided in paragraph (3), if the matter has been submitted for decision, further proceedings with respect to the matter shall be had in the same manner and with the same effect as if this Act had not been enacted. (2) If the matter has not been submitted for decision, the appeal or proceeding, together with the original papers, printed records, and record entries duly certified, shall, by appropriate orders, be transferred to the court to which the matter would have been submitted had this Act been in full force and effect on the date on which such appeal was taken or other proceeding commenced, and further proceedings with respect to the case shall be had in the same manner and with the same effect as if the appeal or other proceeding had been filed in such court. (3) If a petition for rehearing en banc is pending on or after the effective date of this Act, the petition shall be considered by the court of appeals to which the petition would have been submitted had this Act been in full force and effect on the date on which the appeal or other proceeding was filed with the court of appeals. SEC. 11. ADMINISTRATION. (a) In General.--The court of appeals for the ninth circuit as constituted on the day before the effective date of this Act may take such administrative action as may be required to carry out this Act and the amendments made by this Act. (b) Administrative Termination.--The court described in subsection (a) shall cease to exist for administrative purposes 2 years after the effective date of this Act. SEC. 12. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect 1 year after the date of enactment of this Act. SEC. 13. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this Act and the amendments made by this Act, including such sums as may be necessary to provide appropriate space and facilities for any judicial positions created by this Act or an amendment made by this Act.

Summary: Judicial Administration and Improvement Act of 2016 [sic] This bill divides the U.S. Court of Appeals for the Ninth Circuit into: (1) a new Ninth Circuit, to be composed of California, Hawaii, Oregon, Washington, Guam, and the Northern Mariana Islands; and (2) a newly established Twelfth Circuit, to be composed of Alaska, Arizona, Idaho, Montana, and Nevada. The bill designates locations where the new circuits are to hold regular sessions. The bill distributes active circuit judges of the former Ninth Circuit to the new circuits. Circuit judges and senior circuit judges currently stationed in Alaska, Arizona, Idaho, Montana, or Nevada may elect their circuit assignment. For each circuit judge in regular service who elects to be assigned to the new Ninth Circuit, the President shall appoint one additional circuit judge for the Twelfth Circuit.


SECTION 1. NOTICE OF HIGH CONCENTRATION OF PENSION ASSETS IN EMPLOYER SECURITIES. (a) In General.--Section 105 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1025) in amended by adding at the end of the following new subsection: ``(e) Notice of High Concentration of Plan Assets In Employer Securities.-- ``(1) In general.--In the case of an individual account plan to which this subsection applies, if the percentage of assets in the individual account that consists of employer securities and employer real property exceeds 50 percent of the total account, the plan administrator shall include with the account statement a notice that the account may be overinvested in employer securities and employer real property. Any determination under this paragraph shall be made as of the most recent valuation date under the plan. ``(2) Exclusion of assets held through pooled investment vehicles.--Employer securities and employer real property held through an investment option of the plan which is not designed to invest primarily in employer securities or employer real property shall not be taken under paragraph (1) is determining the percentage of assets that consist of employer securities and employer real property. ``(3) Application.-- ``(A) In general.--This subsection shall apply to any individual account plan which-- ``(i) holds employer securities which are readily tradable on an established securities market, and ``(ii) permits a participant or beneficiary to exercise control over assets in the individual's account. ``(B) Exception for esops.--This subsection shall not apply to an employee stock ownership plan (as defined in section 4795(e)(7)) of the Internal Revenue Code of 1986) if the plan has no contributions which are subject to section 401 (k) or (m) of such Code. ``(4) Employer securities and real property.--For purposes of this subsection, the terms `employer securities' and `employer real property' have the meanings given such terms by paragraphs (1) and (2) of section 407(d), respectively.'' (b) Penalty.--Section 502 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1132) is amended-- (1) in subsection (a)(6), by striking ``(6), or (7)'' and inserting ``(6), (7), or (8)'', (2) by redesignating paragraph (8) of subsection (c) as paragraph (9), and (3) by inserting after paragraph (7) the following new paragraph: ``(8) The Secretary may assess a civil penalty against a plan administrator of up to $100 a day from the date of the plan administrator's failure or refusal to provide notice to participants and beneficiaries in accordance with section 105(e). For purposes of this paragraph, each violation with respect to any single participant or beneficiary shall be treated as a separate violation.'' (c) Effective Date.--The amendments made by this section shall apply to plan years beginning after December 31, 2002. SEC. 2. TREATMENT OF QUALIFIED RETIREMENT PLANNING SERVICES. (a) In General.--Subsection (m) of section 132 of the Internal Revenue Code of 1986 (defining qualified retirement services) is amended by redesignating paragraphs (2) and (3) as paragraphs (5) and (6), respectively, and by inserting after paragraph (1) the following: ``(2) Limitations.-- ``(A) Dollar limitation.--The aggregate amount which may be excluded with respect to qualified retirement planning services provided to any individual during a taxable year shall not exceed $1,500. ``(B) Adjusted gross income.--No amount may be excluded with respect to qualified retirement planning services provided during a taxable year if the modified adjusted gross income of the taxpayer for such taxable year exceeds $100,000 ($200,000 in the case of married individuals filing a joint return). For purposes of this subparagraph, the term `modified adjusted gross income' means adjusted gross income, determined without regard to this section and sections 911, 931, and 933. ``(3) Cash reimbursements.--For purposes of this subsection the term `qualified retirement planning services' includes a cash reimbursement by an employer to an employee for a benefit described in paragraph (1). ``(4) No constructive receipt.--No amount shall be included in the gross income of any employee solely because the employee may choose between any qualified retirement planning services provided by a qualified investment advisor and compensation which would otherwise be includible in the gross income of such employee. The preceding sentence shall apply to highly compensated employees only if the choice described in such sentence is available on substantially the same terms to each member of the group of employees normally provided education and information regarding the employer's qualified employer plan.'' (b) Conforming Amendments.-- (1) Section 403(b)(3)(B) of such Code is amended by inserting ``132(m)(4),'' after ``132(f)(4),''. (2) Section 414(s)(2) of such Code is amended by inserting ``132(m)(4),'' after ``132(f)(4),''. (3) Section 415(c)(3)(D)(ii) of such Code is amended by inserting ``132(m)(4),'' after ``132(f)(4),''. (c) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2002.

Summary: Amends the Employee Retirement Income Security Act of 1974 (ERISA) to provide for information and advice to assist pension plan participants in making decisions regarding the investment of their pension plan assets under defined contribution plans that are individual account plans (IAPs) (401(k) and similar plans) which hold regularly tradable employment securities and permit participants or beneficiaries to exercise control over assets in the account.Requires the plan administrator to include in the account statement a notice that the account may be overinvested in employer securities and real property, whenever assets consisting of employer securities and real property exceed 50 percent of total IAP assets. Excludes from such notice requirement: (1) assets held through pooled investment vehicles; and (2) employee stock ownership plans (ESOPs) that have no contributions subject to section 401 (k) or (m) of the Internal Revenue Code (IRC).Amends IRC to limit to$1,500 the aggregate amount which may be excluded from gross income with respect to qualified retirement planning services (QRPS) provided to any individual during a taxable year. Prohibits exclusion of any such amount if the modified adjusted gross income of the taxpayer exceeds $100,000 ($200,000 for married individuals filing a joint return). Provides that no amount (constructive receipt) shall be included in the gross income of any employee solely because the employee may choose between any QRPS provided by a qualified investment advisor, and compensation which would otherwise be includible in the employee's gross income. Applies such provision to highly compensated employees only if such choice is available on substantially the same terms to each member of the group of employees normally provided education and information regarding the employer's qualified employer plan.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Know Before You Owe Private Education Loan Act of 2016''. SEC. 2. AMENDMENTS TO THE TRUTH IN LENDING ACT. (a) In General.--Section 128(e) of the Truth in Lending Act (15 U.S.C. 1638(e)) is amended-- (1) by striking paragraph (3) and inserting the following: ``(3) Institutional certification required.-- ``(A) In general.--Except as provided in subparagraph (B), before a creditor may issue any funds with respect to an extension of credit described in this subsection, the creditor shall obtain from the relevant institution of higher education where such loan is to be used for a student, such institution's certification of-- ``(i) the enrollment status of the student; ``(ii) the student's cost of attendance at the institution as determined by the institution under part F of title IV of the Higher Education Act of 1965; and ``(iii) the difference between-- ``(I) such cost of attendance; and ``(II) the student's estimated financial assistance, including such assistance received under title IV of the Higher Education Act of 1965 and other financial assistance known to the institution, as applicable. ``(B) Exception.--Notwithstanding subparagraph (A), a creditor may issue funds with respect to an extension of credit described in this subsection without obtaining from the relevant institution of higher education such institution's certification if such institution fails to provide within 15 business days of the creditor's request for such certification-- ``(i) the requested certification; or ``(ii) notification that the institution has received the request for certification and will need additional time to comply with the certification request. ``(C) Loans disbursed without certification.--If a creditor issues funds without obtaining a certification, as described in subparagraph (B), such creditor shall report the issuance of such funds in a manner determined by the Director of the Bureau of Consumer Financial Protection.''; (2) by redesignating paragraphs (9), (10), and (11) as paragraphs (10), (11), and (12), respectively; and (3) by inserting after paragraph (8) the following: ``(9) Provision of information.-- ``(A) Provision of information to students.-- ``(i) Loan statement.--A creditor that issues any funds with respect to an extension of credit described in this subsection shall send loan statements, where such loan is to be used for a student, to borrowers of such funds not less than once every 3 months during the time that such student is enrolled at an institution of higher education. ``(ii) Contents of loan statement.--Each statement described in clause (i) shall-- ``(I) report the borrower's total remaining debt to the creditor, including accrued but unpaid interest and capitalized interest; ``(II) report any debt increases since the last statement; and ``(III) list the current interest rate for each loan. ``(B) Notification of loans disbursed without certification.--On or before the date a creditor issues any funds with respect to an extension of credit described in this subsection, the creditor shall notify the relevant institution of higher education, in writing, of the amount of the extension of credit and the student on whose behalf credit is extended. The form of such written notification shall be subject to the regulations of the Bureau. ``(C) Annual report.--A creditor that issues funds with respect to an extension of credit described in this subsection shall prepare and submit an annual report to the Bureau containing the required information about private student loans to be determined by the Bureau, in consultation with the Secretary of Education.''. (b) Definition of Private Education Loan.--Section 140(a)(7)(A) of the Truth in Lending Act (15 U.S.C. 1650(a)(7)(A)) is amended-- (1) by redesignating clause (ii) as clause (iii); (2) in clause (i), by striking ``and'' after the semicolon; and (3) by adding after clause (i) the following: ``(ii) is not made, insured, or guaranteed under title VII or title VIII of the Public Health Service Act (42 U.S.C. 292 et seq. and 296 et seq.); and''. (c) Regulations.--Not later than 365 days after the date of enactment of this Act, the Bureau of Consumer Financial Protection shall issue regulations in final form to implement paragraphs (3) and (9) of section 128(e) of the Truth in Lending Act (15 U.S.C. 1638(e)), as amended by subsection (a). Such regulations shall become effective not later than 6 months after their date of issuance. SEC. 3. AMENDMENT TO THE HIGHER EDUCATION ACT OF 1965. (a) Amendment to the Higher Education Act of 1965.--Section 487(a) of the Higher Education Act of 1965 (20 U.S.C. 1094(a)) is amended by striking paragraph (28) and inserting the following: ``(28)(A) The institution shall-- ``(i) upon the request of a private educational lender, acting in connection with an application initiated by a borrower for a private education loan in accordance with section 128(e)(3) of the Truth in Lending Act, provide certification to such private educational lender-- ``(I) that the student who initiated the application for the private education loan, or on whose behalf the application was initiated, is enrolled or is scheduled to enroll at the institution; ``(II) of such student's cost of attendance at the institution as determined under part F of this title; and ``(III) of the difference between-- ``(aa) the cost of attendance at the institution; and ``(bb) the student's estimated financial assistance received under this title and other assistance known to the institution, as applicable; and ``(ii) provide the certification described in clause (i), or notify the creditor that the institution has received the request for certification and will need additional time to comply with the certification request-- ``(I) within 15 business days of receipt of such certification request; and ``(II) only after the institution has completed the activities described in subparagraph (B). ``(B) The institution shall, upon receipt of a certification request described in subparagraph (A)(i), and prior to providing such certification-- ``(i) determine whether the student who initiated the application for the private education loan, or on whose behalf the application was initiated, has applied for and exhausted the Federal financial assistance available to such student under this title and inform the student accordingly; and ``(ii) provide the borrower whose loan application has prompted the certification request by a private education lender, as described in subparagraph (A)(i), with the following information and disclosures: ``(I) The amount of additional Federal student assistance for which the borrower is eligible and the potential advantages of Federal loans under this title, including disclosure of the fixed interest rates, deferments, flexible repayment options, loan forgiveness programs, and additional protections, and the higher student loan limits for dependent students whose parents are not eligible for a Federal Direct PLUS Loan. ``(II) The borrower's ability to select a private educational lender of the borrower's choice. ``(III) The impact of a proposed private education loan on the borrower's potential eligibility for other financial assistance, including Federal financial assistance under this title. ``(IV) The borrower's right to accept or reject a private education loan within the 30- day period following a private educational lender's approval of a borrower's application and about a borrower's 3-day right to cancel period. ``(C) For purposes of this paragraph, the terms `private educational lender' and `private education loan' have the meanings given such terms in section 140 of the Truth in Lending Act (15 U.S.C. 1650).''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on the effective date of the regulations described in section 2(c). SEC. 4. REPORT. Not later than 24 months after the issuance of regulations under section 2(c), the Director of the Bureau of Consumer Financial Protection and the Secretary of Education shall jointly submit to Congress a report on the compliance of institutions of higher education and private educational lenders with section 128(e)(3) of the Truth in Lending Act (15 U.S.C. 1638(e)), as amended by section 2, and section 487(a)(28) of the Higher Education Act of 1965 (20 U.S.C. 1094(a)), as amended by section 3. Such report shall include information about the degree to which specific institutions utilize certifications in effectively encouraging the exhaustion of Federal student loan eligibility and lowering student private education loan debt.

Summary: Know Before You Owe Private Student Loan Act of 2016 This bill amends the Truth in Lending Act to revise requirements for disclosures in private education loan applications. Before issuing a private education loan for a student attending an institution of higher education (IHE), lenders must obtain the IHE's certification of the student's enrollment status, the student's cost of attendance, and the difference between that cost and the student's estimated financial assistance. Lenders must: (1) send loan statements to borrowers at least once every three months a student is enrolled at an IHE, (2) notify the relevant IHE of the loan amount and the student to whom it applies no later than the date funds are issued, and (3) submit an annual report to the Consumer Financial Protection Bureau (CFPB) containing information the CFPB requires concerning private student loans. This bill amends title IV (Student Assistance) of the Higher Education Act of 1965 by requiring IHEs, before providing lenders with certifications, to determine whether students have exhausted their options for title IV assistance and notify borrowers of: (1) the availability of federal financial aid assistance, (2) their ability to choose their own private educational lender, (3) the impact of the proposed private education loan on their eligibility for other financial assistance, and (4) their right to accept or reject a private education loan within 30 days of the lender's approval of their application and to cancel the loan within 3 business days of its consummation.


SECTION 1. SHORT TITLE. This Act may be cited as the ``End Trafficking in Government Contracting Act of 2012''. SEC. 2. DEFINITIONS. In this Act: (1) Executive agency.--The term ``executive agency'' has the meaning given the term in section 133 of title 41, United States Code. (2) Subcontractor.--The term ``subcontractor'' means a recipient of a contract at any tier under a grant, contract, or cooperative agreement. (3) Subgrantee.--The term ``subgrantee'' means a recipient of a grant at any tier under a grant or cooperative agreement. (4) United states.--The term ``United States'' has the meaning provided in section 103(12) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102(12)). SEC. 3. CONTRACTING REQUIREMENTS. Section 106(g) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7104(g)) is amended by striking ``if the grantee or any subgrantee,'' and all that follows through the period at the end and inserting the following: ``or take any of the other remedial actions authorized under section 5(c) of the End Trafficking in Government Contracting Act of 2012, if the grantee or any subgrantee, or the contractor or any subcontractor, engages in, or uses labor recruiters, brokers, or other agents who engage in, (i) severe forms of trafficking in persons, (ii) the procurement of a commercial sex act during the period of time that the grant, contract, or cooperative agreement is in effect, (iii) the use of forced labor in the performance of the grant, contract, or cooperative agreement, or (iv) acts that directly support or advance trafficking in persons, including the following acts: ``(1) Destroying, concealing, removing, or confiscating an employee's immigration documents without the employee's consent. ``(2) Failing to repatriate an employee upon the end of employment, unless-- ``(A) exempted from the duty to repatriate the employee by the Federal department or agency providing or entering into the grant, contract, or cooperative agreement; or ``(B) the employee is a victim of human trafficking seeking victim services or legal redress in the country of employment or a witness in a human trafficking enforcement action. ``(3) Soliciting a person for the purpose of employment, or offering employment, by means of materially false or fraudulent pretenses, representations, or promises regarding that employment. ``(4) Charging recruited employees exorbitant placement fees, including fees equal to or greater than the employee's monthly salary, or recruitment fees that violate the laws of the country from which an employee is recruited. ``(5) Providing inhumane living conditions.''. SEC. 4. COMPLIANCE PLAN AND CERTIFICATION REQUIREMENT. (a) Requirement.--The head of an executive agency may not provide or enter into a grant, contract, or cooperative agreement valued at $1,000,000 or more if performance will predominantly be conducted overseas, unless a duly designated representative of the recipient of such grant, contract, or cooperative agreement certifies to the contracting or grant officer prior to receiving an award and on an annual basis thereafter, after having conducted due diligence, that-- (1) the recipient has implemented a plan to prevent the activities described in section 106(g) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7104(g)), as amended by section 3, and is in compliance with that plan; (2) the recipient has implemented procedures to prevent any activities described in such section 106(g) and to monitor, detect, and terminate any subcontractor, subgrantee, or employee of the recipient found to be engaged in any activities described in such section; and (3) to the best of the representative's knowledge, neither the recipient, nor any subcontractor or subgrantee of the recipient or any agent of the recipient or of such a subcontractor or subgrantee, is engaged in any of the activities described in such section. (b) Limitation.--Any plan or procedures implemented pursuant to subsection (a) shall be appropriate to the size and complexity of the grant, contract, or cooperative agreement and to the nature and scope of its activities, including the number of non-United States citizens expected to be employed. (c) Disclosure.--The recipient shall provide a copy of the plan to the contracting or grant officer upon request, and, as appropriate, shall post the useful and relevant contents of the plan or related materials on its website and at the workplace. (d) Performance Predominately Overseas.--For purposes of subsection (a), a grant, contract, or cooperative agreement shall be considered to be performed predominantly overseas if the estimated value of the services required to be performed under the grant, contract, or cooperative agreement outside the United States exceeds $500,000. SEC. 5. MONITORING AND INVESTIGATION OF TRAFFICKING IN PERSONS. (a) Investigation.--If the contracting or grant officer of an executive agency for a grant, contract, or cooperative agreement receives credible evidence that a recipient of the grant, contract, or cooperative agreement; any subgrantee or subcontractor of the recipient; or any agent of the recipient or of such a subgrantee or subcontractor, has engaged in an activity described in section 106(g) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7104(g)), as amended by section 3, including a report from a contracting officer representative, an inspector general, an auditor, an alleged victim or victim's representative, or any other credible source, the contracting or grant officer shall, before exercising any option to renew such grant, contract, or cooperative agreement, request that the agency's Office of Inspector General immediately initiate an investigation of the allegation or allegations contained in the report. If the agency's Office of Inspector General is unable to conduct a timely investigation, the suspension and debarment office or another investigative unit of the agency shall conduct the investigation. (b) Report.--Upon completion of an investigation under subsection (a), the office or unit that conducted the investigation shall submit to the contracting or grant officer and, if such investigation was not conducted by the agency's Office of Inspector General, to the agency's Office of Inspector General, a report on the investigation, including conclusions about whether credible evidence exists that the recipient of a grant, contract, or cooperative agreement; any subcontractor or subgrantee of the recipient; or any agent of the recipient or of such a subcontractor or subgrantee, engaged in any of the activities described in section 106(g) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7104(g)), as amended by section 3. (c) Remedial Actions.-- (1) In general.--If a contracting or grant official determines that a recipient of a grant, contract, or cooperative agreement, or any subcontractor or subgrantee of the recipient, has engaged in any of the activities described in such section 106(g), the contracting or grant officer shall consider taking one or more of the following remedial actions: (A) Requiring the recipient to remove an employee from the performance of work under the grant, contract, or cooperative agreement. (B) Requiring the recipient to terminate a subcontract or subgrant. (C) Suspending payments under the grant, contract, or cooperative agreement. (D) Withholding award fees, consistent with the award fee plan, for the performance period in which the agency determined the contractor or subcontractor engaged in any of the activities described in such section 106(g). (E) Declining to exercise available options under the contract. (F) Terminating the contract for default or cause, in accordance with the termination clause for the contract. (G) Referring the matter to the agency suspension and debarment official. (H) Referring the matter to the Department of Justice for prosecution under any applicable law. (2) Savings clause.--Nothing in this subsection shall be construed as limiting the scope of applicable remedies available to the Federal Government. (3) Mitigating factor.--Where applicable, the contracting or grant official may consider whether the contractor or grantee had a plan in place under section 4, and was in compliance with that plan at the time of the violation, as a mitigating factor in determining which remedies, if any, should apply. (d) Inclusion of Report Conclusions in FAPIIS.--The contracting or grant officer shall ensure that relevant findings contained in the report under subsection (b) are included in the Federal Awardee Performance and Integrity Information System (FAPIIS). These findings shall be considered relevant past performance data for the purpose of awarding future contracts, grants, or cooperative agreements. SEC. 6. NOTIFICATION TO INSPECTORS GENERAL AND COOPERATION WITH GOVERNMENT. The head of an executive agency making or awarding a grant, contract, or cooperative agreement shall require that the recipient of the grant, contract, or cooperative agreement-- (1) immediately inform the Inspector General of the executive agency of any information it receives from any source that alleges credible evidence that the recipient; any subcontractor or subgrantee of the recipient; or any agent of the recipient or of such a subcontractor or subgrantee, has engaged in conduct described in section 106(g) of the Trafficking in Victims Protection Act of 2000 (22 U.S.C. 7104(g)), as amended by section 3 of this Act; and (2) fully cooperate with any Federal agencies responsible for audits, investigations, or corrective actions relating to trafficking in persons. SEC. 7. EXPANSION OF FRAUD IN FOREIGN LABOR CONTRACTING TO INCLUDE WORK OUTSIDE THE UNITED STATES. Section 1351 of title 18, United States Code, is amended-- (1) by striking ``Whoever knowingly'' and inserting ``(a) Work Inside the United States.--Whoever knowingly''; and (2) by adding at the end the following new subsection: ``(b) Work Outside the United States.--Whoever knowingly and with intent to defraud recruits, solicits, or hires a person outside the United States or causes another person to recruit, solicit, or hire a person outside the United States, or attempts to do so, for purposes of work performed on a United States Government contract performed outside the United States, or on a United States military installation or mission or other property or premises owned or controlled by the United States Government, by means of materially false or fraudulent pretenses, representations, or promises regarding that employment, shall be fined under this title or imprisoned for not more than 5 years, or both.''. SEC. 8. IMPROVING DEPARTMENT OF DEFENSE ACCOUNTABILITY FOR REPORTING TRAFFICKING IN PERSONS CLAIMS AND VIOLATIONS. Section 105(d)(7)(H) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7103(d)(7)(H)) is amended-- (1) in clause (ii), by striking ``and'' at the end; (2) by redesignating clause (iii) as clause (iv); (3) by inserting after clause (ii) the following new clause: ``(iii) all known trafficking in persons cases reported to the Under Secretary of Defense for Personnel and Readiness;''; (4) in clause (iv), as redesignated by paragraph (2), by inserting ``and'' at the end after the semicolon; and (5) by adding at the end the following new clause: ``(v) all trafficking in persons activities of contractors reported to the Under Secretary of Defense for Acquisition, Technology, and Logistics;''. SEC. 9. RULE OF CONSTRUCTION. Excluding section 7, nothing in this Act shall be construed to supersede, enlarge, or diminish the common law or statutory liabilities of any grantee, subgrantee, contractor, subcontractor, or other party covered by section 106(g) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7104(g)), as amended by section 3.

Summary: End Trafficking in Government Contracting Act of 2012 - Amends the Trafficking Victims Protection Act of 2000 to expand the authority of a federal agency to terminate a grant, contract, or cooperative agreement involving grantees or contractors who engage in severe forms of trafficking in persons to include grantees or contractors who: (1) engage in acts that directly support or advance trafficking in persons, (2) destroy an employee's immigration documents or fail to repatriate such employee upon the end of employment, (3) solicit persons for employment under false pretenses, (4) charge recruited employees exorbitant placement fees, or (5) provide inhumane living conditions. Requires the Interagency Task Force to Monitor and Combat Trafficking to monitor all known cases and activities involving trafficking in persons that are reported to certain officials of the Department of Defense (DOD). Prohibits the head of an executive agency from entering into a grant, contract, or cooperative agreement valued at $1 million or more if performance will predominantly be conducted overseas unless a representative of the recipient of such grant, contract, or cooperative agreement certifies that the recipient has implemented a plan and procedures to prevent trafficking in persons. Requires a contracting or grant officer of an executive agency who receives credible evidence that a recipient of a grant, contract, or cooperative agreement has engaged in trafficking in persons or other prohibited activities to request the agency's Inspector General to investigate allegations of trafficking and to take remedial actions, including the suspension of payments under the grant, contract, or cooperative agreement. Amends the federal criminal code to impose a fine and/or prison term of up to five years on any individual who knowingly and with intent to defraud recruits, solicits, or hires a person outside the United States, or attempts to do so, to work on on a government contract performed on government facilities outside the United States by means of materially false or fraudulent pretenses, representations, or promises regarding such employment.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare HMO Protection Act of 1998''. SEC. 2. AUTHORITY TO EVALUATE AND ALTER TERMINATION DECISIONS. Section 1851(g)(3) of the Social Security Act (42 U.S.C. 1395w- 21(g)(3)) is amended by adding at the end the following: ``(E) Authority to delay termination date.-- ``(i) In general.--If a Medicare+Choice organization terminates a plan under subparagraph (B)(iii), the Secretary may delay the effectiveness of such termination if the Secretary determines that-- ``(I) the termination would cause an imminent and serious risk to the health of individuals enrolled under the plan under this part; ``(II) the termination would result in a significant reduction in the Medicare+Choice plans that are available in the area affected by the termination; or ``(III) the organization terminating coverage is offering Medicare+Choice plans in contract areas that are in close proximity to the area affected by the termination without suffering considerable financial losses. In making the determination described in subclause (III), the Secretary may audit and inspect any books or records of the organization pursuant to the authority provided to the Secretary under section 1857(d). ``(ii) End of delay.--The Secretary may end a delay under clause (i), prior to the end of the period established by the Secretary under such clause, if the Secretary determines that an adequate provider network has been established which will provide at least an equal level of insurance coverage as existed in the area affected by the termination on the date the Medicare+Choice organization informed the Secretary of its intention to terminate the contract. ``(F) Authority to renegotiate contract.--If the Secretary delays the effectiveness of a termination for a period pursuant to subparagraph (E), the Secretary and the Medicare+Choice organization terminating coverage pursuant to subparagraph (B)(iii) may negotiate during such period for a new contract under section 1857 which will enable such organization to continue such coverage. In negotiating such contract, the Secretary shall ensure that beneficiaries are not adversely affected by such contract.''. SEC. 3. EXTENSION OF INITIAL MEDICARE+CHOICE CONTRACT PERIOD TO 3 YEARS. (a) In General.--Section 1857(c)(1) of the Social Security Act (42 U.S.C. 1395w-27(c)(1)) is amended by striking ``a term of at least 1 year'' and inserting ``a term of at least 3 years''. (b) Effective Date.--The amendment made by subsection (a) applies to contracts entered into on or after the date of enactment of this Act. SEC. 4. NOTICE OF TERMINATION. (a) In General.--Section 1857(d)(3) of the Social Security Act (42 U.S.C. 1395w-27(d)(3)) is amended to read as follows: ``(3) Enrollee notice at time of termination.-- ``(A) In general.--Each contract under this section shall require the organization to provide (and pay for) written notice at least 120 days prior to the contract's termination, as well as a description of alternatives for obtaining benefits under this title, to each individual enrolled with the organization under this part. ``(B) Description.--The description of alternatives referred to in subparagraph (A) shall include a description of-- ``(i) all Medicare+Choice plans and medicare supplemental policies available in the area where the contract that is being terminated is serving beneficiaries and the costs of such plans and policies; and ``(ii) the telephone number of local social service agencies providing assistance to medicare beneficiaries in such area.''. (b) Effective Date.--The amendment made by subsection (a) applies to any notice of termination which is provided on or after the date of enactment of this Act.

Summary: Medicare HMO Protection Act of 1998 - Amends part C (Medicare+Choice) of title XVIII (Medicare) of the Social Security Act to authorize the Secretary of Health and Human Services to delay the effectiveness of a Medicare+Choice organization's termination of its plan with respect to all individuals in an area, if: (1) the termination would cause an imminent and serious health risk to enrollees; (2) the termination would result in a significant reduction in the Medicare+Choice plans available in the area affected; or (3) the organization terminating coverage is offering Medicare+Choice plans in contract areas close to the area affected without suffering considerable financial losses. Amends Medicare part C with regard to contracts with Medicare+Choice organizations to provide for extension of the initial Medicare+Choice contract period from one year to three years and to revise certain requirements for notification of enrollees at the time of contract termination.


SECTION 1. SHORT TITLE. This Act may be cited as the ``APHIS Function Transfer Act''. SEC. 2. TRANSFER OF CERTAIN AGRICULTURAL INSPECTION FUNCTIONS OF THE DEPARTMENT OF AGRICULTURE. (a) Definitions.--In this section: (1) Covered law.--The term ``covered law'' means-- (A) the first section of the Act of August 31, 1922 (7 U.S.C. 281); (B) title III of the Federal Seed Act (7 U.S.C. 1581 et seq.); (C) the Plant Protection Act (7 U.S.C. 7701 et seq.); (D) the Animal Health Protection Act (7 U.S.C. 8301 et seq.); (E) section 11 of the Endangered Species Act of 1973 (16 U.S.C. 1540). (F) the Lacey Act Amendments of 1981 (16 U.S.C. 3371 et seq.); and (G) the eighth paragraph under the heading ``BUREAU OF ANIMAL INDUSTRY'' in the Act of March 4, 1913 (21 U.S.C. 151 et seq.) (commonly known as the ``Virus- Serum-Toxin Act''); (2) Function.--The term ``function'' does not include any quarantine activity carried out under a covered law. (b) Transfer.--There is transferred to the Secretary of Homeland Security the functions of the Secretary of Agriculture relating to agricultural import and entry inspection activities under each covered law. (c) Effect of Transfer.-- (1) Compliance with department of agriculture regulations.--The authority transferred under subsection (b) shall be exercised by the Secretary of Homeland Security in accordance with the regulations, policies, and procedures issued by the Secretary of Agriculture regarding the administration of each applicable covered law. (2) Rulemaking coordination.--The Secretary of Agriculture shall coordinate with the Secretary of Homeland Security in any case in which the Secretary of Agriculture prescribes regulations, policies, or procedures for administering a covered law at-- (A) a port of entry to the United States; or (B) any other similar location, as determined by the Secretary of Agriculture. (3) Effective administration.--The Secretary of Homeland Security, in consultation with the Secretary of Agriculture, may issue such directives and guidelines as are necessary to ensure the effective use of personnel of the Department of Homeland Security to carry out the functions transferred under subsection (b). (d) Transfer Agreement.-- (1) In general.--As soon as practicable after the date of enactment of this Act, the Secretary of Agriculture and the Secretary of Homeland Security shall enter into an agreement to effectuate the transfer of functions required by subsection (b). (2) Required terms.--The agreement required by this subsection shall specifically address-- (A) the supervision by the Secretary of Agriculture of the training of employees of the Secretary of Homeland Security to carry out the functions transferred under subsection (b); and (B) the transfer of funds to the Secretary of Homeland Security under subsection (e). (3) Revision.--After the date of execution of the agreement described in paragraph (1), the Secretary of Agriculture and the Secretary of Homeland Security may jointly revise the agreement, as necessary. (4) Cooperation and reciprocity.--The Secretary of Agriculture and the Secretary of Homeland Security may include as part of the agreement-- (A) authority under which the Secretary of Homeland Security may perform functions that-- (i) are delegated to the Animal and Plant Health Inspection Service of the Department of Agriculture regarding the protection of domestic livestock and plants; but (ii) are not transferred to the Secretary of Homeland Security under subsection (b); and (B) authority under which the Secretary of Agriculture may use employees of the Department of Homeland Security to carry out authorities delegated to the Animal and Plant Health Inspection Service regarding the protection of domestic livestock and plants. (e) Periodic Transfer of Funds to Department of Homeland Security.-- (1) Transfer of funds.--Subject to paragraph (2), out of any funds collected as fees under sections 2508 and 2509 of the Food, Agriculture, Conservation, and Trade Act of 1990 (21 U.S.C. 136, 136a), the Secretary of Agriculture shall periodically transfer to the Secretary of Homeland Security, in accordance with the agreement under subsection (d), funds for activities carried out by the Secretary of Homeland Security for which the fees were collected. (2) Limitation.--The proportion of fees collected under sections 2508 and 2509 of the Food, Agriculture, Conservation, and Trade Act of 1990 (21 U.S.C. 136, 136a) that are transferred to the Secretary of Homeland Security under paragraph (1) may not exceed the proportion that-- (A) the costs incurred by the Secretary of Homeland Security to carry out activities funded by those fees; bears to (B) the costs incurred by the Federal Government to carry out activities funded by those fees. (f) Transfer of Department of Agriculture Employees.--In carrying out this section, the Secretary of Agriculture shall transfer to the Secretary of Homeland Security not more than 3,200 full-time equivalent positions of the Department of Agriculture. (g) Protection of Inspection Animals.-- (1) Definition of secretary concerned.--Title V of the Agricultural Risk Protection Act of 2000 is amended-- (A) by redesignating sections 501 and 502 (7 U.S.C. 2279e, 2279f) as sections 502 and 503, respectively; and (B) by inserting before section 502 (as redesignated by paragraph (1)) the following: ``SEC. 501. DEFINITION OF SECRETARY CONCERNED. ``In this title, the term `Secretary concerned' means-- ``(1) the Secretary of Agriculture, with respect to an animal used for purposes of official inspections by the Department of Agriculture; and ``(2) the Secretary of Homeland Security, with respect to an animal used for purposes of official inspections by the Department of Homeland Security.''. (2) Conforming amendments.-- (A) Section 502 of the Agricultural Risk Protection Act of 2000 (as redesignated by paragraph (1)(A)) is amended-- (i) in subsection (a)-- (I) by inserting ``or the Department of Homeland Security'' after ``Department of Agriculture''; and (II) by inserting ``or the Secretary of Homeland Security'' after ``Secretary of Agriculture''; and (ii) by striking ``Secretary'' each place it appears (other than in subsections (a) and (e)) and inserting ``Secretary concerned''. (B) Section 503 of the Agricultural Risk Protection Act of 2000 (as redesignated by paragraph (1)(A)) is amended by striking ``501'' each place it appears and inserting ``502''. SEC. 3. TRANSFER OF PLUM ISLAND ANIMAL DISEASE CENTER, DEPARTMENT OF AGRICULTURE. (a) In General.--The Secretary of Agriculture shall transfer to the Secretary of Homeland Security the Plum Island Animal Disease Center of the Department of Agriculture, including the assets and liabilities of the Center. (b) Continued Department of Agriculture Access.--On completion of the transfer of the Plum Island Animal Disease Center under subsection (a), the Secretary of Homeland Security and the Secretary of Agriculture shall enter into an agreement to ensure that the Secretary of Agriculture retains access to the Center for research, diagnostic, and other activities of the Department of Agriculture.

Summary: APHIS Function Transfer Act - Transfers from the Secretary of Agriculture to the Secretary of Homeland Security: (1) specified agricultural import and entry inspection functions, personnel, and fees; and (2) Plum Island Animal Disease Center (retains Department of Agriculture access).


SECTION 1. SHORT TITLE. This Act may be cited as the ``Focus on Children Act''. SEC. 2. STUDIES AND REPORTS OF THE CONGRESSIONAL BUDGET OFFICE RELATING TO THE IMPACT OF LEGISLATION ON SPENDING ON CHILDREN. Section 202(g) of the Congressional Budget Act of 1974 (2 U.S.C. 602(g)) is amended-- (1) in the heading, by inserting ``and Reports to Congress'' after ``Studies''; and (2) by adding at the end the following: ``(3) Spending on children studies and reports.-- ``(A) Definitions.--In this paragraph-- ``(i) the term `budget of the President' means the budget of the President submitted to Congress under section 1105(a) of title 31, United States Code; ``(ii) the term `child' means an individual under 19 years of age; ``(iii) the term `key indicator' includes information relating to the outlays described in subclause (I), (II), (III), or (IV) of clause (iv); and ``(iv) the term `spending on children' includes-- ``(I) outlays under an entitlement authority that go directly to children; ``(II) outlays for a Federal program or initiative that, consistent with the mission of the program or initiative, delivers services exclusively to children; ``(III) outlays for a Federal program or initiative that, while not serving children directly, has as a core mission goal the improvement of the health, education, welfare, or general well-being of children; and ``(IV) for a Federal program or initiative that delivers services to both children and adults, the portion of outlays under the program or initiative attributable to providing benefits for children, based on the best available data. ``(B) Studies.--At the request of the Chairman or Ranking Member of a committee of the Senate or the House of Representatives, the Director shall, to the extent practicable, conduct a study of a bill, joint resolution, amendment, amendment between the Houses, or conference report containing changes in spending on children. ``(C) Annual reports on spending.--Not later than 15 days after the last day of each fiscal year, the Director shall submit to Congress a report that includes-- ``(i) information and data regarding spending on children under appropriation Acts, including continuing resolutions, for that fiscal year; ``(ii) information and data regarding spending on children under an entitlement authority for that fiscal year; ``(iii) the share of Federal spending that constitutes spending on children under appropriation Acts, including continuing resolutions, for that fiscal year; and ``(iv) the share of Federal spending that constitutes spending on children under an entitlement authority for that fiscal year. ``(D) Annual reports on the budget of the president.--Not later than 15 days after the date on which the President submits to Congress the budget of the President for a fiscal year, the Director shall submit to Congress a report on the budget of the President that includes, for the prior fiscal year, the current fiscal year, the fiscal year for which the budget of the President is submitted, and the ensuing fiscal year-- ``(i) a summary of the total amount of the appropriations or new obligational authority and outlays requested for spending on children; ``(ii) an estimate of the level of spending on children; ``(iii) an estimate of the share of Federal spending that constitutes spending on children; and ``(iv) an estimate of the date on which Federal spending on children will be less than outlays for interest on the public debt. ``(E) Warning reports.-- ``(i) In general.--At the discretion of the Director, the Director may provide a warning report to Congress regarding a fiscal year in which outlays for interest on the public debt will exceed spending on children. ``(ii) Contents of warning reports.--The Director may include in a report issued under clause (i) a list of possible budgetary options that may be used by Congress in order to prevent such an imbalance between outlays for interest on the public debt and spending on children. ``(F) Open data and transparency.-- ``(i) In general.--The Director shall publish all of the reports and studies required under this paragraph in a publicly accessible format, including through-- ``(I) the dashboard described in clause (ii); and ``(II) the open data portal described in clause (iii). ``(ii) Dashboard.--The Director shall develop and maintain on an Internet website available to the public a tool (commonly referred to as a `dashboard') that-- ``(I) highlights the key indicators identified in the reports and studies required under this paragraph; and ``(II) uses visualization tools to assist the public in understanding trends in spending on children over periods of time. ``(iii) Open data portal.--The Director shall develop and maintain an Internet website available to the public that-- ``(I) provides raw quantitative data relating to spending on children contained in reports and studies required under this paragraph; ``(II) provides that data in a widely-accessible file format that allows the public to analyze the data; and ``(III) categorizes that data by budget account.''.

Summary: Focus on Children Act This bill amends the Congressional Budget Act of 1974 to require the Congressional Budget Office (CBO) to produce studies and reports regarding federal spending on children. The CBO must provide: studies of legislation containing changes in spending on children, upon the request of a congressional committee; an annual report regarding spending on children; and an annual report on the President's budget request for spending on children. The CBO may provide a warning report to Congress regarding a fiscal year in which outlays for interest on the public debt will exceed spending on children. The CBO must also develop and maintain a public website that includes: the reports and studies required by this bill, a dashboard containing key indicators and visualization tools to assist the public in understanding trends in spending on children, and an open data portal that contains quantitative data on federal spending on children.