SECTION 1. SHORT TITLE. This Act may be cited as the ``Internet Tax Freedom Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) As a massive global network spanning not only State but international borders, the Internet is inherently a matter of interstate and foreign commerce within the jurisdiction of the United States Congress under Article I, Section 8 of the United States Constitution. (2) Even within the United States, the Internet does not respect State lines and operates independently of State boundaries. Addresses on the Internet are designed to be geographically indifferent. Internet transmissions are insensitive to physical distance and can have multiple geographical addresses. (3) Because transmissions over the Internet are made through packet-switching, it is impossible to determine with any degree of certainty the precise geographic route or endpoints of specific Internet transmissions, and infeasible to separate intrastate from interstate, and domestic from foreign, Internet transmissions. (4) Inconsistent and unadministrable taxes imposed on Internet activity by State and local governments threaten not only to subject consumers, businesses, and other users engaged in interstate and foreign commerce to multiple, confusing, and burdensome taxation, but also to restrict the growth and continued technological maturation of the Internet itself, and to call into question the continued viability of this dynamic medium. (5) Because the tax laws and regulations of so many jurisdictions were established before the Internet or interactive computer services, their application to this new medium in unintended and unpredictable ways threatens every Internet user, access provider, vendor, and interactive computer service provider. (6) The electronic marketplace of services, products, and ideas available through the Internet or interactive computer services can be especially beneficial to senior citizens, the physically challenged, citizens in rural areas, and small businesses. It also offers a variety of uses and benefits for educational institutions and charitable organizations. (7) Consumers, businesses, and others engaging in interstate and foreign commerce through the Internet or interactive computer services could become subject to more than 30,000 separate taxing jurisdictions in the United States alone. (8) The consistent and coherent national policy regarding taxation of Internet activity that is needed to avoid burdening this evolving form of interstate and foreign commerce can best be achieved by the United States exercising its authority under Article I, Section 8, Clause 3 of the United States Constitution. SEC. 3. MORATORIUM ON IMPOSITION OF TAXES ON INTERNET OR INTERACTIVE COMPUTER SERVICES. (a) Moratorium.--Except as otherwise provided in this section, no State or local government (including any political subdivision) may impose, assess, or attempt to collect any tax or fee directly or indirectly on-- (1) the Internet or interactive computer services; or (2) the use of the Internet or interactive computer services. (b) Preservation of State and Local Taxing Authority.--Subsection (a)-- (1) does not apply to taxes imposed on and measured by net income derived from the Internet or interactive computer services; (2) does not apply to fairly apportioned business license taxes applied to businesses that have a business location in the taxing jurisdiction, and (3) does not affect the authority of a State, or political subdivision thereof, to impose a sales or use tax on sales or other transactions effected by use of the Internet or interactive computer services if-- (A) the tax is the same as the tax imposed and collected by that State, or political subdivision thereof, on sales or interstate transactions effected by mail order, telephone, or other remote means within its taxing jurisdiction; and (B) the obligation to collect the tax from sales or other transactions effected by use of the Internet or interactive computer services is imposed on the same person or entity as in the case of sales or transactions effected by mail order, telephone, or other remote means. SEC. 4. ADMINISTRATION POLICY RECOMMENDATIONS TO CONGRESS. (a) Consultative Group.--The Secretaries of the Treasury, Commerce, or State, in consultation with appropriate committees of the Congress, consumer and business groups, States and political subdivisions thereof, and other appropriate groups, shall-- (1) undertake an examination of United States domestic and international taxation of the Internet and interactive computer services, as well as commerce conducted thereon; and (2) jointly submit appropriate policy recommendations concerning United States domestic and foreign policies toward taxation of the Internet and interactive computer services, if any, to the President within 18 months after the date of enactment of this Act. (b) President.--Not later than 2 years after the date of enactment of this Act, the President shall transmit to the appropriate committees of Congress policy recommendations on the taxation of sales and other transactions effected on the Internet or through interactive computer services. (c) Recommendations to Be Consistent With Telecommunications Act of 1996 Policy Statement.--The Secretaries and the President shall take care to ensure that any such policy recommendations are fully consistent with the policy set forth in paragraphs (1) and (2) of section 230(b) of the Communications Act of 1934 (47 U.S.C. 230(b)). SEC. 5. BAN ON REGULATION OF INTERNET PRICES BY THE FEDERAL COMMUNICATIONS COMMISSION. (a) Prohibition on Commission Regulation of Computer Services.-- Section 230 of the Communications Act of 1934 (47 U.S.C. 230) is amended-- (1) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and (2) by inserting after subsection (c) the following new subsection: ``(d) Prohibition on Commission Regulation of Computer Services.-- The Commission shall have no authority or jurisdiction under this Act, nor shall any State commission have any authority or jurisdiction, to regulate the prices or charges paid by subscribers for interactive computer services, or information services transmitted through the Internet, except for the requirement in section 254(h) that such services be provided at affordable rates to rural health care providers, schools, and libraries.''. (b) Conforming Amendment.--Section 223(h)(2) of the Communications Act of 1934 (47 U.S.C. 223(h)(2)) is amended by striking ``230(e)(2)'' and inserting ``230(f)(2)''. SEC. 6. DECLARATION THAT THE INTERNET BE FREE OF FOREIGN TARIFFS, TRADE BARRIERS, AND OTHER RESTRICTIONS. It is the sense of the Congress that the President should seek bilateral and multilateral agreements through the World Trade Organization, the Organization for Economic Cooperation and Development, the Asia Pacific Economic Cooperation Council, or other appropriate international fora to establish activity on the Internet and interactive computer services is free from tariff and taxation. SEC. 7. DEFINITIONS. For purposes of this Act-- (1) Internet; interactive computer service.--The terms ``Internet'' and ``interactive computer service'' have the meaning given such terms by paragraphs (1) and (2), respectively, of section 230(e) of the Communications Act of 1934 (47 U.S.C. 230(e)). (2) Tax.--The term ``tax'' includes any tax, license, or fee that is imposed by any governmental entity and the imposition on the seller of an obligation to collect and remit a tax imposed on the buyer.

Summary: Internet Tax Freedom Act - Prohibits a State or local government from imposing, assessing, or attempting to collect any tax or fee on the Internet or interactive computer services (ICs) or on their use. Preserves State and local taxing authority with respect to income, license, and sales taxes. Directs the Secretaries of the Treasury, Commerce, or State to: (1) undertake an examination of U.S. and international taxation of the Internet and ICs, as well as commerce conducted thereon; and (2) jointly submit to the President appropriate policy recommendations concerning such taxation. Directs the President to transmit to the appropriate congressional committees policy recommendations on the taxation of sales and other transactions effected on the Internet or through ICs. Requires all such recommendations to be consistent with policy statements of the Telecommunications Act of 1996. Amends the Communications Act of 1934 to state that the Federal Communications Commission or any equivalent State commission shall have no regulatory authority or jurisdiction with respect to charges paid by subscribers for ICs or information services transmitted through the Internet, except for the requirement that such services be provided at affordable rates to rural health care providers, schools, and libraries. Expresses the sense of the Congress that the President should seek bilateral and multilateral agreements through various international forums to establish that activity on the Internet and ICs be free from tariff and taxation.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Railroad Infrastructure Financing Improvement Act of 1997''. SEC. 2. RAIL INFRASTRUCTURE AND EQUIPMENT LOANS. (a) Amendment to Title 49, United States Code.--Part B of subtitle V of title 49, United States Code, is amended by inserting after chapter 221 the following new chapter: ``CHAPTER 223--RAIL INFRASTRUCTURE AND EQUIPMENT LOANS ``Sec. ``22301. Definitions. ``22302. Direct loans and loan guarantees. ``22303. Administration of direct loans and loan guarantees. ``SEC. 22301. DEFINITIONS. ``For purposes of this chapter: ``(1)(A) The term `cost' means the estimated long-term cost to the Government of a direct loan or loan guarantee, calculated on a net present value basis, excluding administrative costs and any incidental effects on governmental receipts or outlays. ``(B) The cost of a direct loan shall be the net present value, at the time when the direct loan is disbursed, of the following cash flows: ``(i) Loan disbursements. ``(ii) Repayments of principal. ``(iii) Payments of interest and other payments by or to the Government over the life of the loan after adjusting for estimated defaults, prepayments, fees, penalties, and other recoveries. ``(C) The cost of a loan guarantee shall be the net present value when a guaranteed loan is disbursed, of the following cash flows: ``(i) Estimated payments by the Government to cover defaults and delinquencies, interest subsidies, or other payments. ``(ii) Estimated payments to the Government, including origination and other fees, penalties, and recoveries. ``(D) Any Government action that alters the estimated net present value of an outstanding direct loan or loan guarantee (except modifications within the terms of existing contracts or through other existing authorities) shall be counted as a change in the cost of that direct loan or loan guarantee. The calculation of such changes shall be based on the estimated present value of the direct loan or loan guarantee at the time of modification. ``(E) In estimating net present values, the discount rate shall be the average interest rate on marketable Treasury securities of similar maturity to the direct loan or loan guarantee for which the estimate is being made. ``(2) The term `direct loan' means a disbursement of funds by the Government to a non-Federal borrower under a contract that requires the repayment of such funds. The term includes the purchase of, or participation in, a loan made by another lender. The term does not include the acquisition of a federally guaranteed loan in satisfaction of default claims. ``(3) The term `direct loan obligation' means a binding agreement by the Secretary of Transportation to make a direct loan when specified conditions are fulfilled by the borrower. ``(4) The term `loan guarantee' means any guarantee, insurance, or other pledge with respect to the payment of all or a part of the principal or interest on any debt obligation of a non-Federal borrower to a non-Federal lender, but does not include the insurance of deposits, shares, or other withdrawable accounts in financial institutions. ``(5) The term `loan guarantee commitment' means a binding agreement by the Secretary to make a loan guarantee when specified conditions are fulfilled by the borrower, the lender, or any other party to the guarantee agreement. ``(6) The term `railroad carrier' has the meaning given that term in section 20102. ``SEC. 22302. DIRECT LOANS AND LOAN GUARANTEES. ``(a) General Authority.--The Secretary of Transportation may provide direct loans and loan guarantees to State and local governments, government sponsored authorities and corporations, and railroad carriers. ``(b) Eligible Purposes.-- ``(1) In general.--Direct loans and loan guarantees under this section shall be used to-- ``(A) acquire, improve, or rehabilitate rail equipment or facilities, including track, components of track, bridges, yards, buildings, and shops; ``(B) refinance outstanding debt incurred for the purposes described in subparagraph (A); or ``(C) develop or establish new railroad facilities. ``(2) Operating expenses not eligible.--Direct loans and loan guarantees under this section shall not be used for railroad operating expenses. ``(c) Priority Projects.--In granting applications for direct loans or guaranteed loans under this section, the Secretary shall give priority to projects that-- ``(1) enhance public safety; ``(2) enhance the environment; ``(3) promote economic development; ``(4) enable United States companies to be more competitive in international markets; ``(5) are endorsed by the plans prepared under section 135 of title 23 by the State or States in which they are located; or ``(6) preserve rail service to small communities or rural areas. ``(d) Extent of Authority.--The aggregate unpaid principal amounts of obligations under direct loans and loan guarantees made under this section shall not exceed $5,000,000,000 at any one time. ``(e) Rates of Interest.-- ``(1) Direct loans.--The Secretary shall require interest to be paid on a direct loan made under this section at a rate not less than that necessary to recover the cost of making the loan. ``(2) Loan guarantees.--The Secretary shall not make a loan guarantee under this section if the interest rate for the loan exceeds that which the Secretary determines to be reasonable, taking into consideration the prevailing interest rates and customary fees incurred under similar obligations in the private capital market. ``(f) Infrastructure Partners.-- ``(1) Authority of secretary.--In lieu of or in combination with appropriations of budget authority to cover the costs of direct loans and loan guarantees as required under section 504(b)(1) of the Federal Credit Reform Act of 1990, the Secretary may accept on behalf of an applicant for assistance under this section a commitment from a non-Federal source to fund in whole or in part credit risk premiums with respect to the loan that is the subject of the application. In no event shall the aggregate of appropriations of budget authority and credit risk premiums described in this paragraph with respect to a direct loan or loan guarantee be less than the cost of that direct loan or loan guarantee. ``(2) Credit risk premium amount.--The Secretary shall determine the amount required for credit risk premiums under this subsection on the basis of-- ``(A) the circumstances of the applicant, including the amount of collateral offered; ``(B) the proposed schedule of loan disbursements; ``(C) historical data on the repayment history of similar borrowers; ``(D) consultation with the Congressional Budget Office; and ``(E) any other factors the Secretary considers relevant. ``(3) Payment of premiums.--Credit risk premiums under this subsection shall be paid to the Secretary before the disbursement of loan amounts. ``(4) Cohorts of loans.--In order to maintain sufficient balances of credit risk premiums to adequately protect the Federal Government from risk of default, while minimizing the length of time the Government retains possession of those balances, the Secretary shall establish cohorts of loans. When all obligations attached to a cohort of loans have been satisfied, credit risk premiums paid for the cohort, and interest accrued thereon, which were not used to mitigate losses shall be returned to the original source on a pro rata basis. ``(g) Prerequisites for Assistance.--The Secretary shall not make a direct loan or loan guarantee under this section unless the Secretary has made a finding in writing that-- ``(1) repayment of the obligation is required to be made within a term of not more than 25 years from the date of its execution; ``(2) the direct loan or loan guarantee is justified by the present and probable future demand for rail services; ``(3) the applicant has given reasonable assurances that the facilities or equipment to be acquired, rehabilitated, improved, developed, or established with the proceeds of the obligation will be economically and efficiently utilized; ``(4) the obligation can reasonably be repaid, using an appropriate combination of credit risk premiums and collateral offered by the applicant to protect the Federal Government; and ``(5) the purposes of the direct loan or loan guarantee are consistent with subsection (b). ``(h) Conditions of Assistance.--The Secretary shall, before granting assistance under this section, require the applicant to agree to such terms and conditions as are sufficient, in the judgment of the Secretary, to ensure that, as long as any principal or interest is due and payable on such obligation, the applicant, and any railroad carrier for whose benefit the assistance is intended-- ``(1) will not use any funds or assets from railroad operations for nonrail purposes, if such use would impair the ability of the applicant or railroad carrier to provide rail services in an efficient and economic manner, or would adversely affect the ability of the applicant or railroad carrier to perform any obligation entered into by the applicant under this section; ``(2) will, consistent with its capital resources, maintain its capital program, equipment, facilities, and operations on a continuing basis; and ``(3) will not make any discretionary dividend payments that unreasonably conflict with the purposes stated in subsection (b). ``SEC. 22303. ADMINISTRATION OF DIRECT LOANS AND LOAN GUARANTEES. ``(a) Applications.--The Secretary of Transportation shall prescribe the form and contents required of applications for assistance under section 22302, to enable the Secretary to determine the eligibility of the applicant's proposal, and shall establish terms and conditions for direct loans and loan guarantees made under that section. ``(b) Full Faith and Credit.--Loan guarantees made under section 22302 shall constitute general obligations of the United States backed by the full faith and credit of the United States. ``(c) Assignment of Loan Guarantees.--The holder of a loan guarantee made under section 22302 may assign the loan guarantee in whole or in part, subject to such requirements as the Secretary may prescribe. ``(d) Modifications.--The Secretary may approve the modification of any term or condition of a direct loan, loan guarantee, direct loan obligation, or loan guarantee commitment, including the rate of interest, time of payment of interest or principal, or security requirements, if the Secretary finds in writing that-- ``(1) the modification is equitable and is in the overall best interests of the United States; and ``(2) consent has been obtained from the applicant and, in the case of a loan guarantee or loan guarantee commitment, the holder of the obligation. ``(e) Compliance.--The Secretary shall assure compliance, by an applicant, any other party to the loan, and any railroad carrier for whose benefit assistance is intended, with the provisions of this Act, regulations issued hereunder, and the terms and conditions of the direct loan or loan guarantee, including through regular periodic inspections. ``(f) Commercial Validity.--For purposes of claims by any party other than the Secretary, a loan guarantee or loan guarantee commitment shall be conclusive evidence that the underlying obligation is in compliance with the provisions of this Act, and that such obligation has been approved and is legal as to principal, interest, and other terms. Such a guarantee or commitment shall be valid and incontestable in the hands of a holder thereof, including the original lender or any other holder, as of the date when the Secretary granted the application therefor, except as to fraud or material misrepresentation by such holder. ``(g) Default.--The Secretary shall prescribe regulations setting forth procedures in the event of default on a loan made or guaranteed under section 22302. The Secretary shall ensure that each loan guarantee made under that section contains terms and conditions that provide that-- ``(1) if a payment of principal or interest under the loan is in default for more than 30 days, the Secretary shall pay to the holder of the obligation, or the holder's agent, the amount of unpaid guaranteed interest; ``(2) if the default has continued for more than 90 days, the Secretary shall pay to the holder of the obligation, or the holder's agent, 90 percent of the unpaid guaranteed principal; ``(3) after final resolution of the default, through liquidation or otherwise, the Secretary shall pay to the holder of the obligation, or the holder's agent, any remaining amounts guaranteed but which were not recovered through the default's resolution; ``(4) the Secretary shall not be required to make any payment under paragraphs (1) through (3) if the Secretary finds, before the expiration of the periods described in such paragraphs, that the default has been remedied; and ``(5) the holder of the obligation shall not receive payment or be entitled to retain payment in a total amount which, together with all other recoveries (including any recovery based upon a security interest in equipment or facilities) exceeds the actual loss of such holder. ``(h) Rights of the Secretary.-- ``(1) Subrogation.--If the Secretary makes payment to a holder, or a holder's agent, under subsection (g) in connection with a loan guarantee made under section 22302, the Secretary shall be subrogated to all of the rights of the holder with respect to the obligor under the loan. ``(2) Disposition of property.--The Secretary may complete, recondition, reconstruct, renovate, repair, maintain, operate, charter, rent, sell, or otherwise dispose of any property or other interests obtained pursuant to this section. The Secretary shall not be subject to any Federal or State regulatory requirements when carrying out this paragraph. ``(i) Action Against Obligor.--The Secretary may bring a civil action in an appropriate Federal court in the name of the United States in the event of a default on a direct loan made under section 22302, or in the name of the United States or of the holder of the obligation in the event of a default on a loan guaranteed under section 22302. The holder of a guarantee shall make available to the Secretary all records and evidence necessary to prosecute the civil action. The Secretary may accept property in full or partial satisfaction of any sums owed as a result of a default. If the Secretary receives, through the sale or other disposition of such property, an amount greater than the aggregate of-- ``(1) the amount paid to the holder of a guarantee under subsection (g) of this section; and ``(2) any other cost to the United States of remedying the default, the Secretary shall pay such excess to the obligor. ``(j) Breach of Conditions.--The Attorney General shall commence a civil action in an appropriate Federal court to enjoin any activity which the Secretary finds is in violation of this Act, regulations issued hereunder, or any conditions which were duly agreed to, and to secure any other appropriate relief. ``(k) Attachment.--No attachment or execution may be issued against the Secretary, or any property in the control of the Secretary, prior to the entry of final judgment to such effect in any State, Federal, or other court. ``(l) Investigation Charge.--The Secretary may charge and collect from each applicant a reasonable charge for appraisal of the value of the equipment or facilities for which the direct loan or loan guarantee is sought, and for making necessary determinations and findings. Such charge shall not aggregate more than one-half of 1 percent of the principal amount of the obligation.''. (b) Conforming Amendment.--The table of chapters of subtitle V of title 49, United States Code, is amended by inserting after the item relating to chapter 221 the following: ``223. RAIL INFRASTRUCTURE AND EQUIPMENT LOANS.............. 22301''. SEC. 3. TECHNICAL AND CONFORMING PROVISIONS. (a) Repeal.--Title V of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 821 et seq.) is repealed. (b) Savings Provision.--A transaction entered into under the authority of title V of the Railroad Revitalization and Regulatory Reform Act of 1976 before the date of the enactment of this Act shall be administered until completion under its terms as if subsection (a) of this subsection were not enacted. (c) Technical and Conforming Amendments.--(1) Section 211(i) of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 721(i)) is repealed. (2) Section 306(b) of title 49, United States Code, is amended by striking ``title V of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 821 et seq.)'' and inserting in lieu thereof ``chapter 223 of this title''.

Summary: Railroad Infrastructure Financing Improvement Act of 1997 - Amends Federal railroad law to authorize the Secretary of Transportation to provide not more than $5 billion in direct loans and loan guarantees to State and local governments, government sponsored authorities and corporations, and railroad carriers to: (1) acquire, improve, or rehabilitate existing rail equipment or facilities, or establish new railroad facilities; or (2) refinance outstanding debt incurred in carrying out such activities. Sets forth specified conditions and eligibility requirements for such loans.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Preparing Teachers for Digital Age Learners Act of 2008''. SEC. 2. TEACHER PREPARATION. Part B of title II of the Higher Education Act of 1965 (20 U.S.C. 1041 et seq.) is amended to read as follows: ``PART B--PREPARING TEACHERS FOR DIGITAL AGE LEARNERS ``SEC. 221. DEFINITIONS. ``For purposes of this part: ``(1) Arts and sciences.--The term `arts and sciences' means-- ``(A) when referring to an organizational unit of an institution of higher education, any academic unit that offers 1 or more academic majors in disciplines or content areas corresponding to the academic subject matter areas in which teachers provide instruction; and ``(B) when referring to a specific academic subject area, the disciplines or content areas in which academic majors are offered by the arts and sciences organizational unit. ``(2) High-need school.--The term `high-need school' means a public elementary school or public secondary school that-- ``(A) is among the highest 25 percent of schools served by the local educational agency that serves the school, in terms of the percentage of students from families with incomes below the poverty line; or ``(B) is designated with a school locale code of Rural: Fringe, Rural: Distant, or Rural: Remote, as determined by the Secretary. ``(3) Poverty line.--The term `poverty line' means the poverty line (as defined in section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a family of the size involved. ``(4) Professional development.--The term `professional development' has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965. ``SEC. 222. PROGRAM AUTHORIZED. ``(a) Program Authority.--The Secretary is authorized to award grants to, or enter into contracts or cooperative agreements with, eligible consortia to pay the Federal share of the costs of projects to-- ``(1) graduate teacher candidates who are prepared to use modern information, communication, and learning tools to-- ``(A) improve student learning, assessment, and learning management; and ``(B) help students develop skills to succeed in higher education and enter the workforce; and ``(2) strengthen and develop partnerships among the stakeholders in teacher preparation to transform teacher education and ensure technology rich learning environments throughout a teacher candidate's pre-service education, including clinical experiences. ``(b) Amount and Duration.--A grant, contract, or cooperative agreement under this part-- ``(1) shall be for not more than $2,000,000; ``(2) shall be for a 3-year period; and ``(3) may be renewed for one additional year. ``(c) Non-Federal Share Requirement.--The Federal share of the cost of any project funded under this part shall not exceed 75 percent. The non-Federal share of the cost of such project may be provided in cash or in kind, fairly evaluated, including services. ``(d) Definition of Eligible Consortium.--In this part, the term `eligible consortium' means a consortium of members that includes the following: ``(1) At least one institution of higher education that awards baccalaureate or masters degrees and prepares teachers for initial entry into teaching. ``(2) At least one State educational agency or local educational agency. ``(3) A department, school, or college of education at an institution of higher education. ``(4) A department, school, or college of arts and sciences at an institution of higher education. ``(5) At least one entity with the capacity to contribute to the technology-related reform of teacher preparation programs, which may be a professional association, foundation, museum, library, for-profit business, public or private nonprofit organization, community-based organization, or other entity. ``SEC. 223. USES OF FUNDS. ``(a) In General.--An eligible consortium that receives a grant or enters into a contract or cooperative agreement under this part shall use funds made available under this part to carry out a project that-- ``(1) develops long-term partnerships among members of the consortium that are focused on effective teaching with modern digital tools and content that substantially connect pre- service preparation of teacher candidates with high-needs schools; or ``(2) transforms the way departments, schools, and colleges of education teach classroom technology integration, including the principles of universal design, to teacher candidates. ``(b) Uses of Funds for Partnership Grants.--In carrying out a project under subsection (a)(1), an eligible consortium shall-- ``(1) provide teacher candidates, early in their preparation, with field experiences in educational settings with technology; ``(2) build the skills of teacher candidates to support technology-rich instruction, assessment and learning management in content areas, technology literacy, an understanding of the principles of universal design, and the development of other skills for success in higher education and for entering the workforce; ``(3) provide professional development in the use of technology for teachers, administrators, and content specialists who participate in field placement; ``(4) provide professional development of technology pedagogical skills for faculty of departments, schools, and colleges of education and arts and sciences; ``(5) implement strategies for the mentoring of teacher candidates with respect to technology implementation by members of the consortium; ``(6) evaluate teacher candidates during the first years of teaching to fully assess outcomes of the project; ``(7) build collaborative learning communities for technology integration within the consortium to sustain meaningful applications of technology in the classroom during teacher preparation and early career practice; and ``(8) evaluate the effectiveness of the project. ``(c) Uses of Funds for Transformation Grants.--In carrying out a project under subsection (a)(2), an eligible consortium shall-- ``(1) redesign curriculum to require collaboration between the department, school, or college of education faculty and the department, school, or college of arts and sciences faculty who teach content or methods courses for training teacher candidates; ``(2) collaborate between the department, school, or college of education faculty and the department, school, or college of arts and science faculty and academic content specialists at the local educational agency to educate pre- service teachers who can integrate technology and pedagogical skills in content areas; ``(3) collaborate between the department, school, or college of education faculty and the department, school, or college of arts and sciences faculty who teach courses to pre- service teachers to-- ``(A) develop and implement a plan for pre-service teachers and continuing educators that demonstrates effective instructional strategies and application of such strategies in the use of digital tools to transform the teaching and learning process; and ``(B) better reach underrepresented pre-service teacher populations with programs that connect such pre-service teacher populations with applications of technology; ``(4) collaborate among faculty and students to create and disseminate case studies of technology applications in classroom settings with a goal of improving student achievement in high-need schools; ``(5) provide additional technology resources for pre- service teachers to plan and implement technology applications in classroom settings that provide evidence of student learning; and ``(6) bring together expertise from departments, schools, or colleges of education, arts and science faculty, and academic content specialists at the local educational agency to share and disseminate technology applications in the classroom through teacher preparation and into early career practice. ``SEC. 224. APPLICATION REQUIREMENTS. ``To be eligible to receive a grant or enter into a contract or cooperative agreement under this part, an eligible consortium shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. Such application shall include the following: ``(1) A description of the project to be carried out with the grant, including how the project will-- ``(A) develop a long-term partnership focused on effective teaching with modern digital tools and content that substantially connects pre-service preparation of teacher candidates with high-need schools; or ``(B) transform the way departments, schools, and colleges of education teach classroom technology integration, including the principles of universal design, to teacher candidates. ``(2) A demonstration of-- ``(A) the commitment, including the financial commitment, of each of the members of the consortium for the proposed project; and ``(B) the support of the leadership of each organization that is a member of the consortium for the proposed project. ``(3) A description of how each member of the consortium will participate in the project. ``(4) A description of how the State or local educational agency will incorporate the project into the agency's technology plan, if such a plan already exists. ``(5) A description of how the project will be continued after Federal funds are no longer available under this part for the project. ``(6) A description of how the project will incorporate-- ``(A) State teacher technology standards; and ``(B) State student technology standards. ``(7) A plan for the evaluation of the project, which shall include benchmarks to monitor progress toward specific project objectives. ``SEC. 225. EVALUATION. ``Not less than 10 percent of the funds awarded to an eligible consortium to carry out a project under this part shall be used to evaluate the effectiveness of such project. ``SEC. 226. AUTHORIZATION OF APPROPRIATIONS. ``There is authorized to be appropriated $100,000,000 to carry out this part for fiscal year 2009 and such sums as may be necessary for each of the 2 succeeding fiscal years.''.

Summary: Preparing Teachers for Digital Age Learners Act of 2008 - Amends the Higher Education Act of 1965 to replace the Preparing Tomorrow's Teachers to Use Technology program of part B of title II with the Preparing Teachers for Digital Age Learners program. Authorizes the Secretary to provide funds, through grants, contracts, or cooperative agreements, to consortia of institutions of higher education, states or local educational agencies, and entities able to assist in the technology-related reform of teacher preparation programs, covering up to three-fourths of the costs of projects to: (1) develop long-term partnerships among consortium members that are focused on effective teaching with modern digital tools and content that connect pre-service teacher preparation with high-need schools; or (2) transform the way departments, schools, and colleges of education teach classroom technology integration to teacher candidates.


SECTION 1. SHORT TITLE. This Act may be cited as the ``District of Columbia and United States Territories Circulating Quarter Dollar Program Act''. SEC. 2. ISSUANCE OF REDESIGNED QUARTER DOLLARS COMMEMORATING THE DISTRICT OF COLUMBIA AND EACH OF THE TERRITORIES. Section 5112 of title 31, United States Code, is amended by inserting after subsection (m) the following new subsection: ``(n) Redesign and Issuance of Circulating Quarter Dollar Commemorating the District of Columbia and Each of the Territories.-- ``(1) Redesign in 2009.-- ``(A) In general.--Notwithstanding the fourth sentence of subsection (d)(1) and subsection (d)(2) and subject to paragraph (6)(B), quarter dollar coins issued during 2009, shall have designs on the reverse side selected in accordance with this subsection which are emblematic of the District of Columbia and the territories. ``(B) Flexibility with regard to placement of inscriptions.--Notwithstanding subsection (d)(1), the Secretary may select a design for quarter dollars issued during 2009 in which-- (i) the inscription described in the second sentence of subsection (d)(1) appears on the reverse side of any such quarter dollars; and (ii) any inscription described in the third sentence of subsection (d)(1) or the designation of the value of the coin appears on the obverse side of any such quarter dollars. ``(2) Single district or territory design.--The design on the reverse side of each quarter dollar issued during 2009 shall be emblematic of one of the following: The District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands. ``(3) Selection of design.-- ``(A) In general.--Each of the 6 designs required under this subsection for quarter dollars shall be selected by the Secretary after consultation with-- ``(i) the chief executive of the District of Columbia or the territory being commemorated, or such other officials or group as the chief executive officer of the District of Columbia or the territory may designate for such purpose; and ``(ii) the Commission of Fine Arts. ``(B) Selection and approval process.--Designs for quarter dollars may be submitted in accordance with the design selection and approval process developed by the Secretary in the sole discretion of the Secretary. ``(C) Participation.--The Secretary may include participation by District or territorial officials, artists from the District of Columbia or the territory, engravers of the United States Mint, and members of the general public. ``(D) Standards.--Because it is important that the Nation's coinage and currency bear dignified designs of which the citizens of the United States can be proud, the Secretary shall not select any frivolous or inappropriate design for any quarter dollar minted under this subsection. ``(E) Prohibition on certain representations.--No head and shoulders portrait or bust of any person, living or dead, and no portrait of a living person may be included in the design of any quarter dollar under this subsection. ``(4) Treatment as numismatic items.--For purposes of sections 5134 and 5136, all coins minted under this subsection shall be considered to be numismatic items. ``(5) Issuance.-- ``(A) Quality of coins.--The Secretary may mint and issue such number of quarter dollars of each design selected under paragraph (4) in uncirculated and proof qualities as the Secretary determines to be appropriate. ``(B) Silver coins.--Notwithstanding subsection (b), the Secretary may mint and issue such number of quarter dollars of each design selected under paragraph (4) as the Secretary determines to be appropriate, with a content of 90 percent silver and 10 percent copper. ``(C) Sources of bullion.--The Secretary shall obtain silver for minting coins under subparagraph (B) from available resources, including stockpiles established under the Strategic and Critical Materials Stock Piling Act. ``(D) Timing and order of issuance.--Coins minted under this subsection commemorating the District of Columbia and each of the territories shall be issued in equal sequential intervals during 2009 in the following order: the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands. ``(6) Other provisions.-- ``(A) Application in event of admission as a state.--If the District of Columbia or any territory becomes a State before the end of the 10-year period referred to in subsection (l)(1), subsection (l)(7) shall apply, and this subsection shall not apply, with respect to such State. ``(B) Application in event of independence.--If any territory becomes independent or otherwise ceases to be a territory or possession of the United States before quarter dollars bearing designs which are emblematic of such territory are minted pursuant to this subsection, this subsection shall cease to apply with respect to such territory. ``(7) Territory defined.--For purposes of this subsection, the term `territory' means the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands.''. Passed the House of Representatives October 7, 2002. Attest: Clerk.

Summary: District of Columbia and United States Territories Circulating Quarter Dollar Program Act - Amends Federal law to authorize the Secretary of the Treasury to mint and issue during 2009 redesigned quarter dollars commemorating the District of Columbia and the U.S. territories.


SECTION 1. SHORT TITLE. This Act may be cited as the ``FEMA Common Sense and Cost Effectiveness Act of 2011''. SEC. 2. CONSTRUCTION AND MAINTENANCE OF LEVEES. (a) Stafford Act.-- (1) Predisaster mitigation program.--Section 203(e) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133(e)) is amended by adding at the end the following: ``(3) Construction of levees on acquired lands.--Subject to paragraph (4), and notwithstanding any requirement that property acquired or accepted under this section be dedicated and maintained in perpetuity as open space for the conservation of natural flood plain functions, if financial assistance provided under this section is used to acquire or accept property for open space purposes, the President may permit the construction or maintenance on the property of-- ``(A) a levee that is federally owned and operated; ``(B) a permanent levee that is federally constructed and non-federally operated and maintained; ``(C) a levee-- ``(i) that is federally constructed as a nonpermanent levee; ``(ii) that a non-Federal entity desires to operate and maintain as a permanent levee; and ``(iii) the owners of which-- ``(I) are participating in the emergency response to natural disasters program established under section 5 of the Act entitled `An Act authorizing the construction of certain public works on rivers and harbors for flood control, and for other purposes', approved August 18, 1941 (33 U.S.C. 701n); or ``(II) begin participating in the program described in subclause (I) within a reasonable period of time, as determined by the President, after the date on which the levee is constructed; and ``(D) a non-Federal levee the owners of which are participating in the program described in subparagraph (C)(iii)(I). ``(4) Downstream communities.--The President may deny an application to construct or maintain a levee described in paragraph (3) if the levee poses a significant threat of harm to downstream communities.''. (2) Hazard mitigation grant program.--Section 404(b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c(b)) is amended-- (A) in paragraph (2)(B)-- (i) in clause (i), by inserting ``except for the construction or maintenance of a structure described in clause (ii) (including a levee),'' before ``any property''; and (ii) in clause (ii)-- (I) in subclause (II), by striking ``or'' at the end; (II) by redesignating subclause (III) as subclause (IV); and (iii) by inserting after subclause (II) the following: ``(III) subject to paragraph (5), a levee described in paragraph (4); or''; and (B) by adding at the end the following: ``(4) Levees.--A levee described in this paragraph is-- ``(A) a levee that is federally owned and operated; ``(B) a permanent levee that is federally constructed and non-federally operated and maintained; ``(C) a levee-- ``(i) that is federally constructed as a nonpermanent levee; ``(ii) that a non-Federal entity desires to operate and maintain as a permanent levee; and ``(iii) the owners of which-- ``(I) are participating in the emergency response to natural disasters program established under section 5 of the Act entitled `An Act authorizing the construction of certain public works on rivers and harbors for flood control, and for other purposes', approved August 18, 1941 (33 U.S.C. 701n); or ``(II) begin participating in the program described in subclause (I) within a reasonable period of time, as determined by the President, after the date on which the levee is constructed; and ``(D) a non-Federal levee the owners of which are participating in the program described in subparagraph (C)(iii)(I). ``(5) Downstream communities.--The President may deny an application to construct or maintain a levee described in paragraph (4) if the levee poses a significant threat of harm to downstream communities.''. (b) Construction of Levees Under Hazard Mitigation Programs Relating to Floods.-- (1) Flood mitigation assistance.--Section 1366 of the National Flood Insurance Act of 1968 (42 U.S.C. 4104c) is amended by adding at the end the following: ``(n) Construction of Levees on Acquired Lands.-- ``(1) In general.--Subject to paragraph (2), and notwithstanding any requirement that property acquired or accepted under this section be dedicated and maintained in perpetuity as open space for the conservation of natural flood plain functions, if the mitigation activities funded under subsection (a) include the acquisition or acceptance of property for open space purposes, the Administrator may permit the construction or maintenance on the property of-- ``(A) a levee that is federally owned and operated; ``(B) a permanent levee that is federally constructed and non-federally operated and maintained; ``(C) a levee-- ``(i) that is federally constructed as a nonpermanent levee; ``(ii) that a non-Federal entity desires to operate and maintain as a permanent levee; and ``(iii) the owners of which-- ``(I) are participating in the emergency response to natural disasters program established under section 5 of the Act entitled `An Act authorizing the construction of certain public works on rivers and harbors for flood control, and for other purposes', approved August 18, 1941 (33 U.S.C. 701n); or ``(II) begin participating in the program described in subclause (I) within a reasonable period of time, as determined by the Administrator, after the date on which the levee is constructed; and ``(D) a non-Federal levee the owners of which are participating in the program described in subparagraph (C)(iii)(I). ``(2) Downstream communities.--The Administrator may deny an application to construct or maintain a levee described in paragraph (1) if the levee poses a significant threat of harm to downstream communities.''. (2) Grants for repetitive insurance claim properties.-- Section 1323 of the National Flood Insurance Act of 1968 (42 U.S.C. 4030) is amended by adding at the end the following: ``(c) Construction of Levees on Acquired Lands.-- ``(1) In general.--Subject to paragraph (2), and notwithstanding any requirement that property acquired or accepted under this section be dedicated and maintained in perpetuity as open space for the conservation of natural flood plain functions, if the mitigation activities funded under subsection (a) include the acquisition or acceptance of property for open space purposes, the Administrator may permit the construction or maintenance on the property of-- ``(A) a levee that is federally owned and operated; ``(B) a permanent levee that is federally constructed and non-federally operated and maintained; ``(C) a levee-- ``(i) that is federally constructed as a nonpermanent levee; ``(ii) that a non-Federal entity desires to operate and maintain as a permanent levee; and ``(iii) the owners of which-- ``(I) are participating in the emergency response to natural disasters program established under section 5 of the Act entitled `An Act authorizing the construction of certain public works on rivers and harbors for flood control, and for other purposes', approved August 18, 1941 (33 U.S.C. 701n); or ``(II) begin participating in the program described in subclause (I) within a reasonable period of time, as determined by the Administrator, after the date on which the levee is constructed; and ``(D) a non-Federal levee the owners of which are participating in the program described in subparagraph (C)(iii)(I). ``(2) Downstream communities.--The Administrator may deny an application to construct or maintain a levee described in paragraph (1) if the levee poses a significant threat of harm to downstream communities.''. (3) Severe repetitive loss program.--Section 1361A(g) of the National Flood Insurance Act of 1968 (42 U.S.C. 4102a(g)) is amended-- (A) in paragraph (1), by striking the period at the end and inserting the following: ``, including that, subject to paragraph (5), and notwithstanding any requirement that property acquired or accepted under this section be dedicated and maintained in perpetuity as open space for the conservation of natural flood plain functions, the Administrator may permit the construction or maintenance on such property of-- ``(A) a levee that is federally owned and operated; ``(B) a permanent levee that is federally constructed and non-federally operated and maintained; ``(C) a levee-- ``(i) that is federally constructed as a nonpermanent levee; ``(ii) that a non-Federal entity desires to operate and maintain as a permanent levee; and ``(iii) the owners of which-- ``(I) are participating in the emergency response to natural disasters program established under section 5 of the Act entitled `An Act authorizing the construction of certain public works on rivers and harbors for flood control, and for other purposes', approved August 18, 1941 (33 U.S.C. 701n); or ``(II) begin participating in the program described in subclause (I) within a reasonable period of time, as determined by the Administrator, after the date on which the levee is constructed; and ``(D) a non-Federal levee the owners of which are participating in the program described in subparagraph (C)(iii)(I).''; and (B) by adding at the end the following: ``(5) Downstream communities.--The Administrator may deny an application to construct or maintain a levee described in paragraph (1) if the levee poses a significant threat of harm to downstream communities.''. (c) Applicability of Amendments.--The amendments made by this section shall apply to all property acquired or accepted pursuant to section 203 or 404 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133 and 5170c) or section 1323, 1366, or 1361A of the National Flood Insurance Act of 1968 (42 U.S.C. 4030, 4104c, and 4102a) before, on, or after the date of enactment of this Act.

Summary: FEMA Common Sense and Cost Effectiveness Act of 2011 - Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act and the National Flood Insurance Act of 1968 to authorize the construction and maintenance of levees on property acquired under the Federal Emergency Management Agency's (FEMA's) hazard mitigation grant programs, including: (1) a levee that is federally owned and operated; (2) a permanent levee that is federally constructed and nonfederally operated and maintained; (3) a levee that is federally constructed as a nonpermanent levee, that a nonfederal entity desires to operate and maintain as a permanent levee, and the owners of which are participating in, or, in a specified period after the date on which the levee is constructed, will begin participating in, the emergency response to natural disasters program; and (4) a nonfederal levee the owners of which are participating in the program. Authorizes an application to construct or maintain a levee on acquired lands to be denied if the levee poses a significant threat of harm to downstream communities.


SECTION 1. NATIONAL TASK FORCE ON VIOLENCE AGAINST WOMEN. Not later than 30 days after the date of enactment of this Act, the Attorney General shall establish a task force to be known as the ``National Task Force on Violence against Women'' (referred to in this Act as the ``task force''). SEC. 2. DUTIES. (a) General Purpose of Task Force.--The task force shall develop a uniform Federal, State, and local law enforcement strategy aimed at protecting women against violent crime, punishing persons who commit such crimes, and enhancing the rights of victims of such crimes. (b) Duties of Task Force.--The task force shall perform such functions as the Attorney General deems appropriate to carry out the purposes of the task force, including-- (1) considering the reports of past Federal and State task forces or commissions on violent crime, family violence, and crime victims, including the President's Task Force on Victims of Crime (1982), the Attorney General's Task Force on Family Violence (1984), and the task forces and commissions established by the States of Alabama, Alaska, Arkansas, Hawaii, Idaho, Indiana, Kansas, Louisiana, Michigan, Minnesota, Nebraska, New Mexico, New York, North Carolina, Rhode Island, Virginia, Texas, Wisconsin, and Wyoming; (2) developing strategies for Federal, State, and local law enforcement designated to protect women against violent crime, and to prosecute and punish those responsible for such crime; (3) evaluating the adequacy of sentencing, incarceration, and release of violent offenders against women, and making recommendations designated to ensure that such offenders receive appropriate punishment; and (4) evaluating the adequacy of the treatment of victims of violent crime against women within the criminal justice system, and making recommendations designed to improve such treatment. SEC. 3. MEMBERSHIP. (a) In General.--The task force shall consist of up to 10 members, who shall be appointed by the Attorney General not later than 60 days after the date of enactment of this Act. The Attorney General shall ensure that the task force includes representatives of State and local law enforcement, the State and local judiciary, and groups dedicated to protecting the rights of victims. (b) Chairperson.--The Attorney General or a designee shall serve as the chairperson of the task force. SEC. 4. PAY. (a) No Additional Compensation.--Members of the task force who are officers or employees of a governmental agency shall receive no additional compensation by reason of their service on the task force. (b) Per Diem.--While away from their homes or regular places of business in the performance of duties for the task force, members of the task force shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under sections 5702 and 5703 of title 5, United States Code. SEC. 5. EXECUTIVE DIRECTOR AND STAFF. (a) Executive Director.-- (1) Appointment.--The task force shall have an Executive Director who shall be appointed by the Attorney General not later than 30 days after the task force is fully constituted under subsection (c). (2) Compensation.--The Executive Director shall be compensated at a rate not to exceed the maximum rate of the basic pay payable under GS-15 of the General Schedule as contained in title 5, United States Code. (b) Staff.--With the approval of the task force, the Executive Director may appoint not more than 12 individuals to serve as staff and fix the compensation of such additional personnel as the Executive Director considers necessary to carry out the duties of the task force. (c) Applicability of Civil Service Laws.--The Executive Director and the additional personnel of the task force appointed under paragraph (2) may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates. SEC. 6. POWERS OF TASK FORCE. (a) Hearings.--For the purpose of carrying out this section, the task force may conduct such hearings, sit and act at such times and places, take such testimony, and receive such evidence, as the task force considers appropriate. The task force may administer oaths before the task force. (b) Delegation.--Any member or employee of the task force may, if authorized by the task force, take any action that the task force is authorized to take under this section. (c) Access to Information.--The task force may secure directly from any executive department or agency such information as may be necessary to enable the task force to carry out this section, to the extent access to such information is permitted by law. (d) Mail.--The task force may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. SEC. 7. REPORT. Not later than 1 year after the date on which the task force is fully constituted under subsection (c), the Attorney General shall submit a detailed report to the Congress on the findings and recommendations of the task force. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated $500,000 to carry out the purposes of this Act. SEC. 9. TERMINATION. The task force shall cease to exist 30 days after the date on which the Attorney General's report is submitted under section 8.

Summary: Directs the Attorney General to establish a National Task Force on Violence against Women. Includes among the duties of the task force: (1) considering the reports of past Federal and State task forces or commissions on violent crime, family violence, and crime victims; (2) developing strategies for Federal, State, and local law enforcement to protect women against violent crime and to prosecute and punish those responsible for such crime; (3) evaluating the adequacy of sentencing, incarceration, and release of violent offenders against women and making recommendations to ensure that such offenders receive appropriate punishment; and (4) evaluating the adequacy of the treatment of victims of violent crime against women within the criminal justice system and making recommendations designed to improve such treatment. Authorizes appropriations.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Path to Success: Gang Prevention through Community Partnerships Act''. SEC. 2. PURPOSE. The purpose of this Act is to encourage community supported programs that-- (1) leverage and enhance community support for at-risk young adults by facilitating the transition of such young adults who are eligible individuals into productive learning environments where such young adults can obtain the life, social, academic and vocational skills and credentials necessary to strengthen the Nation's workforce; (2) provide counseling, as appropriate, for eligible individuals participating in the programs to allow such individuals to build a relationship with one or more guidance counselors during the period that the individuals are enrolled in the programs, including providing referrals and connections to community resources that help eligible individuals transition back into the community with the necessary life, social, academic and vocational skills after being in detention, or incarcerated, particularly resources related to health, housing, job training, and work-place readiness; (3) provide training and education for eligible individuals participating in the programs, to allow such individuals to assist community officials and law enforcement agencies with the deterrence and prevention of gang and youth violence by participating in seminars, training, and workshops throughout the community; and (4) provide each eligible youth participating in the programs with individual attention based on a curriculum that matches the interests and abilities of the individual to the resources of the program. SEC. 3. REENTRY EDUCATION PROGRAM. (a) Grant Program Established.--The Secretary of Education is authorized to award grants to community colleges to enter into and maintain partnerships with juvenile detention centers and secure juvenile justice residential facilities to provide assistance, services, and education to eligible individuals who reenter the community and pursue, in accordance with the requirements of this Act, at least one of the following: (1) A certificate of graduation from a school providing secondary education, a general equivalency diploma (GED), or another recognized equivalent of such a certificate or diploma. (2) A certificate of completion for a specialized area of study, such as vocational training and other alternative post- secondary educational programs. (3) An associate's degree. (b) Grant Period.--A grant awarded under this Act shall be for one 2-year period, and may be renewed for an additional period as the Secretary determines to be appropriate. (c) Application.--A community college desiring to receive a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary shall require, which shall include-- (1) an assessment of the existing community resources available to serve at-risk youth; (2) a detailed description of the program and activities the community college will carry out with such grant; and (3) a proposed budget describing how the community college will use the funds made available by such grant. (d) Priority.--In awarding grants under this section, the Secretary of Education shall give priority to community colleges that accept the highest number of eligible individuals from high-risk areas, and among such community colleges, shall give priority to community colleges that the Secretary determines will best carry out the purposes of this Act, based on the applications submitted in accordance with subsection (c). SEC. 4. ALLOWABLE USES OF FUNDS. A community college awarded a grant under this Act may use such grant to-- (1) pay for tuition and transportation costs of eligible individuals; (2) establish and carry out an education program that includes classes for eligible individuals that-- (A) provide marketable life and social skills to such individuals; (B) meet the education program requirements under section 5; (C) promote the civic engagement of such individuals; and (D) facilitate a smooth reentry of such individuals into the community; (3) create and carry out a mentoring program-- (A) that is specifically designed to help eligible individuals with the potential challenges of the transitional period from detention to release; (B) is created in consultation with guidance counselors, academic advisors, law enforcement officials, and other community resources; and (C) that is administered by a program coordinator, selected and employed by the community college, who shall oversee each individual's development and shall serve as the immediate supervisor and reporting officer to whom the academic advisors, guidance counselors, and volunteers shall report regarding the progress of each such individual; (4) facilitate employment opportunities for eligible individuals by entering into partnerships with public and private entities to provide opportunities for internships, apprenticeships, and permanent employment, as possible, for such individuals; and (5) provide training for eligible individuals participating in the programs, to allow such individuals to assist community officials and law enforcement agencies with the deterrence and prevention of gang and youth violence by participating in seminars and workshop series throughout the community. SEC. 5. EDUCATION PROGRAM REQUIREMENTS. An education program established and carried out under section 4 shall-- (1) include classes that are required for completion of a certificate, diploma, or degree described in paragraphs (1) through (3) of section 3(a); (2) provide a variety of academic programs, with various completion requirements, to accommodate the distinctive academic backgrounds, learning curves, and concentration interests of the eligible individuals who participate in the program; (3) offer flexible academic programs that are designed to improve the academic development and achievement of eligible individuals, and to avoid high attrition rates for such individuals; and (4) provide for a uniquely designed education plan for each eligible individual participating in the program, which shall require such individual to receive, at a minimum, a certificate or diploma described in paragraph (1) of section 3(a) to successfully complete such program. SEC. 6. REPORTS. Each community college awarded a grant under this Act shall submit to the Secretary of Education a report-- (1) documenting the results of the program carried out with such grant; and (2) evaluating the effectiveness of activities carried out through such program. SEC. 7. DEFINITIONS. In this Act: (1) Community college.--The term ``community college'' means a public or nonprofit institution of higher education (as such term is defined in section 101 or 102(a)(2)(B) of the Higher Education Act of 1965 (20 U.S.C. 1001, 1002(a)(2)(B)), that-- (A) provides an educational program of not less than two years; and (B) that is accredited by a regional accrediting agency or association. (2) Eligible individual.--The term ``eligible individual'' means an individual who-- (A) is 16 to 19 years of age; (B) has been convicted of a gang-related offense, and has served a period of detention in a juvenile detention center for such offense; and (C) is detained in, or has been released from such center. (3) Gang-related offense.--The term ``gang-related offense'' means conduct constituting any Federal or State crime, punishable by imprisonment in any of the following categories: (A) A crime of violence. (B) A crime involving obstruction of justice, tampering with or retaliating against a witness, victim, or informant, or burglary. (C) A crime involving the manufacturing, importing, distributing, possessing with intent to distribute, or otherwise dealing in a controlled substance or listed chemical (as those terms are defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)). (4) Guidance counselor.--The term ``guidance counselor'' means an individual who works with at-risk youth on a one-on- one basis, to establishing a supportive relationship with such at-risk youth and to provide such at-risk youth with academic assistance and exposure to new experiences that enhance their ability to become responsible citizens. (5) High-risk area.--The term ``high-risk area'' means a specified area within a State where there is a disproportionately high number of gang-related activities reported to State and local law enforcement authorities. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act $20,000,000 for the period beginning with fiscal year 2008 and ending with fiscal year 2010.

Summary: Path to Success: Gang Prevention through Community Partnerships Act - Authorizes the Secretary of Education to award grants to community colleges to establish partnerships with juvenile detention centers and secure juvenile justice residential facilities to provide assistance, services, and education to individuals age 16 through 19 who have served or are serving time in juvenile detention facilities for a gang-related offense who reenter the community and pursue: (1) a secondary education graduation certificate, a general equivalency diploma (GED), or equivalent certificate or diploma; (2) a certificate of completion for a specialized area of study; or (3) an associate's degree. Requires such education programs to establish a uniquely designed education plan for each individual program participant that requires the individual to receive at least a secondary education certificate or diploma in order to complete the program successfully.


SECTION. 1. SHORT TITLE. This Act may be referred to as the ``Small Business Emancipation Act of 1996''. SEC. 2. DEFINITION. For purposes of this Act the term small-business concern has the meaning given such term in section 3(a)(1) of the Small Business Act (15 U.S.C. 632(a)(1)). TITLE I--LABOR PROVISIONS SEC. 101. SIMPLIFICATION OF EMPLOYEE'S ``REGULAR RATE'' FOR PURPOSES OF CALCULATING OVERTIME COMPENSATION. Notwithstanding 7(e) of the Fair Labor Standards Act of 1938 (29 U.S.C. 207(e)), the ``regular rate'' at which an employee of a small- business concern is employed shall not be deemed to include sums paid in recognition of services performed during a given period if the payments are made to reward an employee or group of employees for meeting or exceeding the productivity, quality, efficiency, or sales goals as specified in a gainsharing, incentive bonus, commission, or performance contingent bonus plan. SEC. 102. COMPENSATORY TIME. Notwithstanding section 7(o) of the Fair Labor Standards Act of 1938 (29 U.S.C. 207(o))-- (1) An employee of a small-business concern may receive, in accordance with this subsection and in lieu of monetary overtime compensation, compensatory time off at a rate not less than 1\1/2\ hours for each hour of employment for which overtime compensation is required by this subsection. (2) An employer may provide compensatory time under paragraph (1) only pursuant to-- (A) applicable provisions of a collective bargaining agreement, memorandum of understanding, or any other agreement between the employer and representative of such employees; or (B) in the case of employees not covered by subparagraph (A), an agreement or understanding arrived at between the employer and employee before the performance of the work. (3) An employee may accrue not more than 240 hours of compensatory time. Not later than January 31 of each calendar year, the employee's employer shall provide monetary compensation for any compensatory time off accrued during the preceding calendar year which was not used prior to December 31 of the preceding year at a rate not less than 1\1/2\ times the regular rate earned by the employee at the time the employee receives such payment. An employer may designate and communicate to the employer's employees a 12-month period other than the calendar year, in which case such compensation shall be provided not later than 31 days after the end of such 12- month period. (4) An employee who has accrued compensatory time off authorized to be provided under paragraph (1) shall, upon termination of employment, be paid for the unused compensatory time at a rate of compensation not less than-- (A) the average regular rate received by such employee during the last 3 years of the employee's employment, or (B) the final regular rate received by such employee, whichever is higher. (5) An employee-- (A) who has accrued compensatory time off authorized to be provided under paragraph (1), and (B) who has requested the use of such compensatory time, shall be permitted by the employee's employer to use such time within a reasonable period after making the request if the use of the compensatory time does not unduly disrupt the operations of the employer. (6) For purposes of this subsection the terms ``compensatory time'' and ``compensatory time off'' mean hours during which an employee is not working, which are not counted as hours worked during the applicable workweek or other work period for purposes of overtime compensation, and for which the employee is compensated at the employee's regular rate. SEC. 103. FLEXIBLE AND COMPRESSED SCHEDULES. (a) Compressed Schedules.--Notwithstanding any other provision of law, a small-business concern employer may establish programs that allow the use of a compressed schedule that consists of-- (1) in the case of a schedule of a full-time employee, a 160-hour basic work requirement, over a 4-week period, that is scheduled for less than 20 workdays; and (2) in the case of a schedule of a part-time employee, a basic work requirement of less than 160 hours, over a 4-week period, that is scheduled for less than 20 workdays. (b) Flexible Schedules.--Notwithstanding any other provision of law, a small-business concern employer may establish programs that allow the use of flexible schedules that include-- (1) designated hours and days during which an employee on such a schedule must be present for work; and (2) designated hours during which an employee on such a schedule may elect the time of the arrival of such employee at and departure of such employee from work, solely for such purpose or, if and to the extent permitted, for the purpose of accumulating credit hours to reduce the length of the workweek or another workday. SEC. 104. SMALL-BUSINESS CONCERN AUDIT EXEMPTION. Notwithstanding any other provision of law, a small-business concern shall not be required to disclose any information obtained through a voluntary internal audit to any regulatory agency. SEC. 105. EXEMPTION FROM THE DAVIS-BACON ACT. The provisions of the Act of March 3, 1931 (40 U.S.C. 276a et seq.) (commonly referred to as the Davis-Bacon Act) shall not apply to any laborers or mechanics employed by small-business concerns. SEC. 106. OCCUPATIONAL SAFETY AND HEALTH STANDARDS. (a) Standard Basis.--Section 6(b) of the Occupational Safety and Health Act (29 U.S.C. 655(b)) is amended by inserting after paragraph (8) the following: ``(9) In establishing standards under this section, the Secretary shall consider and make findings concerning whether there is a reasonable relationship between the costs and benefits of the standard, and the particular effects of the standard on small-business concerns.''. (b) Violations.--Section 17 of the Occupational Safety and Health Act (29 U.S.C. 666) is amended by redesignating subsection (l) as subsection (m) inserting after subsection (k) the following: ``(l) In the case of any small-business concern employer who received a citation for a violation of the requirements of section 5, any standard, rule, or order promulgated pursuant to section 6 or of any regulations prescribed under this Act, the Secretary shall waive up to 100 percent of such penalty to the extent that the employer uses the amount which would have been paid as penalty for correction of the violation. This subsection shall apply where ``(1) the employer has made a good faith effort to comply with applicable regulation, and ``(2) the violation does not constitute a significant threat to an employee's health or safety or is not a criminal violation.''. (c) Employee Participation.--The Occupational Safety and Health Act (29 U.S.C. 651 et seq.) is amended by adding at the end the following: ``employee participation ``Sec. 33. In order to carry out the purposes of this Act to encourage employers and employees in their efforts to reduce the number of occupational safety and health hazards, an employee participation committee or other mechanism-- ``(1) in which employees participate, ``(2) which exists for the purpose, in whole or in part, of dealing with employees concerning the safety or health of working conditions or related matters, and ``(3) which does not have, claim, or seek authority to negotiate or enter into collective bargaining agreements with an employer or to amend existing collective bargaining agreements between and employer and any labor organization, shall not constitute a `labor organization' for purposes of section 8(a)(2) of the National Labor Relations Act or a representative for purposes of sections 1 and 2 of the Railway Labor Act.''. (d) Small Business Assistance and Training.--The Occupational Safety and Health Act, as amended by paragraph (3), is amended by adding after section 33 the following: ``small business assistance and training ``Sec. 34. (a) The Secretary shall establish and implement a program to provide technical assistance and consultative services for employers and employees, either directly or by grant or contract, concerning worksite safety and health and compliance with this Act. Such assistance shall be targeted at small employers and the most hazardous industries. ``(b) This subsection authorizes the consultative services to employers provided under cooperative agreements between the States and the Occupational Safety and Health Administration and described in part 1908 of title 39 of the Code of Federal Regulations. ``(c) Not less than one-fourth of the annual appropriation made to the Secretary to carry out this Act shall be expended for the purposes described in this section.''. (e) Voluntary Protection Program Award.--The Occupational Safety and Health Act, as amended by paragraph (4), is amended by adding after section 34 the following: ``voluntary protection program award ``Sec. 35. (a) The Secretary shall establish an award which shall periodically be made to small-business concerns which have implemented particularly effective approaches to addressing occupational safety and health in the workplace, including those which provide for effective employee involvement in improving safety and health and which are as a consequence deserving of special recognition. ``(b) A company or organization to which an award is made under subsection (a) and which agrees to help other American companies or organizations improve their occupational safety and health may publicize its receipt of such award and use the award in its advertising, but it shall be ineligible to receive another such award in the same category for a period of 5 years. ``(c)(1) Subject to paragraph (2), separate awards shall be made to qualifying organizations and companies in each of the following categories-- ``(A) manufacturing; ``(B) agricultural; ``(C) concerns providing services; ``(D) retail; and ``(E) construction. ``(2) Not more than 1 award may be made within any subcategory in any year (and no award shall be made within any category if there are no qualifying enterprises in that category. ``(d) An organization or company may qualify for an award under subsection (a) only if it-- ``(1) applies to the Secretary in writing, for the award, ``(2) permits a rigorous evaluation of its occupational safety and health operations, and ``(3) meets such requirements and specifications as the Secretary determines to be appropriate to achieve the objectives of this section. In applying paragraph (3) with respect to any organization or company, the Secretary shall rely upon an intensive evaluation of the occupational safety and health operation. The examination should encompass all aspects of the organization's or company's current occupational safety and health practice. The award shall be given only to organizations and companies which have made outstanding improvements in their occupational safety and health practices and which demonstrate effective occupational safety and health practices through the training and involvement of all levels of personnel. ``(e) The Secretary shall ensure that all program participants receive the complete results of their audits as well as detailed explanations of all suggestions for improvements. The Secretary shall also provide information about the awards and the successful quality improvement strategies and programs of the award-winning participants to all participants and other appropriate groups. ``(f) The Secretary is authorized to seek and accept gifts from public and private sources to carry out the program under this section. If additional sums are needed to cover the full cost of the program, the Secretary shall impose fees upon the organizations and companies applying for the award in amounts sufficient to provide such additional sums. ``(g) The Secretary shall prepare and submit to the President and the Congress, within 3 years after the date of the enactment of this section, a report on the progress, findings, and conclusions of activities conducted pursuant to this section along with recommendations for possible modifications thereof.''. SEC. 107. PROHIBITION OF PREFERENTIAL TREATMENT. (a) It shall be an unlawful employment practice for any small business concern employer to grant preferential treatment to any individual or group with respect to selection for, discharge from, compensation for, or the terms, conditions, or privileges of, employment or union membership, on the basis of the race, color, religion, sex, or national origin of such individual or group, for any purpose, except as provided in subsection (b). (b) It shall not be unlawful employment practice for an entity described in subsection (a) to undertake affirmative action designed to recruit individuals of an underrepresented race, color, religion, sex, or national origin, to expand the applicant pool of the individuals seeking employment or union membership with the entity. (c) Nothing in the amendments made by this subsection shall be construed to affect the authority of courts to remedy intentional discrimination under section 706(g) of the Civil Rights Act of 1964 (Public Law 88-352). TITLE II--TAX PROVISIONS SEC. 201. EXCLUSION FROM GROSS ESTATE OF INTERESTS IN CERTAIN SMALL BUSINESSES. (a) In General.--Part III of subchapter A of chapter 11 of the Internal Revenue Code of 1986 (relating to gross estate) is amended by adding at the end the following new section: ``SEC. 2047. EXCLUSION OF QUALIFIED SMALL BUSINESS INTERESTS. ``(a) In General.--If the executor elects the application of this section, the value of the gross estate shall not include the value of the qualified small business interests of the decedent which are otherwise includible in the estate. ``(b) Qualified Small Business Interest.--For purposes of this section-- ``(1) In general.--The term `qualified small business interest' means-- ``(A) an interest as a proprietor in a small- business concern which is a trade or business carried on as a proprietorship, or ``(B) an interest as a partner in a small-business concern which is a partnership, or stock in a small- business concern which is a corporation, carrying on a trade or business, if more than 50 percent of such partnership or corporation (by vote or value) is owned by the decedent. ``(2) Small-business concern.--For purposes of this subsection, the term `small-business concern' has the meaning given such term in section 3(a)(1) of the Small Business Act. ``(3) Indirect ownership.--For purposes of determining ownership under paragraph (1), the rules of section 318 shall apply. ``(4) Limitation to small-business concerns in united states.--The term `qualified small business interest' shall not include any interest in a small-business concern the principal place of business of which is not in the United States or its possessions.'' (b) Clerical Amendment.--The table of sections for part III of subchapter A of chapter 11 of such Code is amended by adding at the end the following new item: ``Sec. 2047. Exclusion of qualified small business interests.'' (c) Effective Date.--The amendments made by this section shall apply to estates of decedents dying after the date of the enactment of this Act. SEC. 202. EXCLUSION OF 401(k) PLANS FROM TOP-HEAVY RULES. (a) In General.--Paragraph (4) of section 416(g) of the Internal Revenue Code of 1986 (relating to special rules for top-heavy plans) is amended by adding at the end the following new subparagraph: ``(H) 401(k) plans.--The term `top heavy plan' shall not include a qualified cash or deferred arrangement, as defined in section 401(k).'' (b) Effective Date.--The amendment made by subsection (a) shall apply to plan years ending after the date of the enactment of this Act. SEC. 203. NO DISQUALIFICATION BY REASON OF GOOD FAITH ADMINISTRATIVE ERROR. (a) In General.--Section 401 of the Internal Revenue Code of 1986 (relating to qualified pension, profit-sharing, and stock bonus plans) is amended by redesignating subsection (o) as subsection (p) and by inserting after subsection (n) the following new subsection: ``(o) No Disqualification By Reason of Good Faith Administrative Error.-- ``(1) In general.--A trust shall not be disqualified for purposes of this part by reason of a good faith administrative error which is-- ``(A) de minimis, or ``(B) inadvertent, if such error is corrected within a reasonable period of time after the employer is notified (by the Secretary or by any other person) of the error. ``(2) Inadvertent.--For purposes of paragraph (1), an error shall be treated as inadvertent if made without knowledge or reason to know of the error.'' (b) Report on Definitions.--Not later than 90 days after the date of the enactment of this Act, the Secretary of the Treasury shall submit to the Congress a report setting forth the proposed interpretation by the Secretary of the terms ``good faith administrative error'' and ``de minimis'' for purposes of subsection (o) of section 401 of the Internal Revenue Code of 1986, as added by this section. (c) Effective Date.--The amendment made by subsection (a) shall apply to plan years ending after the date of the enactment of this Act.

Summary: TABLE OF CONTENTS: Title I: Labor Provisions Title II: Tax Provisions Small Business Emancipation Act of 1996 - Title I: Labor Provisions - States that the "regular rate" at which a small business employee (SBE) is employed shall not include sums paid under a performance plan as a reward for meeting or exceeding productivity, quality, efficiency, or sales goals. Authorizes an SBE to receive, in lieu of overtime compensation, compensatory time off at a rate of not less than one and one-half hours off for each hour of employment for which overtime compensation would have been paid. Limits the annual accrual of compensatory time to 240 hours. Provides for the payment of unused compensatory time upon termination. (Sec. 103) Authorizes a small business employer to establish compressed and flexible work schedules. (Sec. 104) States that a small business shall not be required to disclose to any regulatory agency any information obtained through a voluntary internal audit. (Sec. 105) Exempts laborers or mechanics employed by a small business from the provisions of the Davis-Bacon Act. (Sec. 106) Amends the Occupational Safety and Health Act (the Act) to: (1) direct the Secretary of Labor, in establishing occupational safety and health (OSH) standards, to consider the relationship between the costs and benefits of a standard and its effect on small businesses; (2) authorize the Secretary to waive up to 100 percent of an OSH violation penalty to be paid by a small business to the extent that the employer uses the amount to correct the violation; and (3) provide that an employee participation committee formed to attempt to reduce the number of OSH hazards shall not be considered a "labor organization" for purposes of specified labor representation provisions. Directs the Secretary to: (1) establish and implement a program to provide technical assistance and consultative services for small business employers and employees concerning worksite OSH and compliance with the Act; (2) establish an award to be periodically made to small businesses which have implemented effective approaches to addressing OSH in the workplace; and (3) prepare and submit to the President and the Congress a report on the progress, findings, and conclusions of activities conducted under this section, along with recommendations for modifications. (Sec. 107) Prohibits a small business employer from granting preferential treatment to any individual or group on the basis of race, color, religion, sex, or national origin. Title II: Tax Provisions - Amends the Internal Revenue Code to: (1) exclude from the gross estate the value of a qualified small business interest of a decedent; (2) exclude a qualified cash or deferred arrangement from the definition of a "top heavy plan"; and (3) provide that a trust shall not be disqualified from consideration as a qualified pension, profit-sharing, or stock-bonus plan by reason of a good faith administrative error.


SECTION 1. SHORT TITLE. This Act may be cited as the ``21st Century Veterans Equitable Treatment Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Veterans were promised by the Federal Government that for their service to the country they would be provided a lifetime of health care services, as well as their own health care service network. (2) The current allocation system for appropriations made to the Department of Veterans Affairs for medical care, known as the Veterans Equitable Resource Allocation (VERA) formula and established by the Secretary of Veterans Affairs pursuant to section 429 of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1997 (Public Law 104-204; 110 Stat. 2929), has proved to be an ineffective means of allocating such funds fairly across the 22 national service regions, known as Veterans Integrated Service Networks (VISNs), of the Department of Veterans Affairs. (3) The VERA formula has resulted in a system in which veterans in some regions of the country are forced to compete with veterans in other regions for critical medical care funds, whereas the system should be providing the funding necessary to meet the health care needs of all veterans, regardless of where they live, to ensure that all veterans have access to the level and quality of care that they have all earned and deserve. (4) The Secretary of Veterans Affairs established a set of performance goals in fiscal year 2000, which are referred to as ``30-30-20'', representing the Secretary's goal to schedule nonurgent primary care visits within 30 days, specialty care visits within 30 days, and the maximum amount of time veterans must wait once they arrive to be seen by a doctor as 20 minutes. (5) According to the Department's Performance Report for Fiscal Year 2001, nationally 87 percent of primary care appointments were scheduled within 30 days of the desired date and 84 percent of specialty care appointments were scheduled within 30 days of the desired date, while in VISN 1, only 82 percent of primary care appointments were scheduled within 30 days of the desired date and only 80 percent of specialty care appointments were scheduled within 30 days of the desired date. (6) Until the VERA formula is changed to ensure a more equitable and adequate distribution of medical care funding within the Department of Veterans Affairs system, providing appropriate access to medical care for the Nation's veterans must remain a national priority with a method found to provide a safety net that will ensure that veterans have access to the health care they need without undermining the existing health care network of the Department of Veterans Affairs. SEC. 3. STANDARD FOR TIME FOR REFERRAL FOR SPECIALIST CARE. (a) Time for Specialist Appointments.--(1) The Secretary of Veterans Affairs shall establish by regulation a maximum specialist referral period, subject to such exceptions as the Secretary considers necessary. (2) For purposes of paragraph (1), the term ``specialist referral period'' means the period of time between (A) the date on which a veteran is referred to a specialty clinic of the Department by the veteran's primary care physician within the Department of Veterans Affairs health care system, and (B) the date for which the veteran is scheduled for an appointment with a Department specialist pursuant to such referral. (3) In establishing a maximum specialist referral period under paragraph (1), the Secretary shall act in a manner consistent with the current treatment policies of the Department based on clinical need and with the established 30-30-20 performance goal of the Department for such a referral period. (b) Standard for Transportation.--The Secretary shall take such steps as necessary to ensure that the Department of Veterans Affairs is able to provide appropriate transportation services for qualified veterans within a reasonable time period of a scheduled appointment. SEC. 4. CONTRACT CARE TO BE PROVIDED WHEN DEPARTMENT OF VETERANS AFFAIRS CARE NOT AVAILABLE IN ACCORDANCE WITH STANDARDS. (a) Contract Care.--In any case in which the Secretary of Veterans Affairs is not able to provide hospital care or medical services in accordance with the standard prescribed under section 3(a) or to provide transportation services in accordance with section 3(b), the Secretary shall promptly provide for such care or transportation from a private source. Hospital care or medical services so provided shall be those for which the veteran is otherwise eligible within the Department of Veterans Affairs medical care system. (b) Reimbursement Rate.--Whenever care or services are provided under subsection (a), the Secretary shall reimburse the provider of such care or services for the reasonable value of such care or services, as determined by the Secretary. Such reimbursement shall be provided in the same manner as applies to reimbursement for emergency treatment under section 1725 of title 38, United States Code, subject to such of the terms and conditions otherwise applicable to such reimbursements under such section as the Secretary determines to be appropriate for purposes of this section. (c) Expedited Reimbursement Procedures.--The Secretary shall take appropriate steps to expedite the reimbursement required by subsection (b). Such steps may include steps to take advantage of modern technology, including so-called ``smart card'' technology that would allow claims for such reimbursement to be processed electronically. The Secretary shall, to the extent possible, also apply such steps for expediting reimbursement to claims for emergency services provided to veterans for which the Secretary provides reimbursement under provisions of law in effect before the date of the enactment of this Act. SEC. 5. TERMINATION OF 24-MONTH RULE FOR REIMBURSEMENT FOR EMERGENCY SERVICES. The provisions of subparagraph (B) of section 1725(b)(2) of title 38, United States Code, shall not apply with respect to emergency treatment furnished on or after the date of the enactment of this Act. SEC. 6. MEDICAL ADMINISTRATOR PERFORMANCE RATINGS. The Secretary of Veterans Affairs shall include in the standards of performance used for measuring performance of administrators in the Department of Veterans Affairs medical care system a standard of assessing improvements in appointment waiting times. SEC. 7. REPORTS. The Secretary of Veterans Affairs shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report at the end of each fiscal-year quarter on the waiting times for appointments in the Department of Veterans Affairs medical care system. The report shall describe any reductions in such waiting times and any experience with appointment delays.

Summary: 21st Century Veterans Equitable Treatment Act - Directs the Secretary of Veterans Affairs to: (1) establish a maximum specialist referral period (the period between a veteran's referral to a specialty clinic of the Department of Veterans Affairs by a Department primary care physician and the actual appointment with a specialist); and (2) provide appropriate transportation to such appointments for qualified veterans.Requires the Secretary, in any case in which such period is exceeded or in which transportation was not so provided, to promptly provide for such care or transportation from a private source and to reimburse such source at an appropriate rate. Requires expedited reimbursement procedures.Directs the Secretary to include within standards of performance used for measuring Department medical care administration a standard of assessing improvements in appointment waiting times.