SECTION 1. SHORT TITLE. This Act may be cited as the ``Full Employment Opportunity and Infrastructure Improvement Act of 1994''. SEC. 2. PUBLIC WORKS AND PUBLIC SERVICE JOB TRAINING PROGRAM. (a) In General.--The Job Training Partnership Act (29 U.S.C. 1501 et seq.) (in this Act referred to as ``the Act'') is amended by adding at the end the following new title: ``TITLE VIII--PUBLIC WORKS AND PUBLIC SERVICE JOB TRAINING PROGRAM ``SEC. 801. FINDINGS AND PURPOSES. ``(a) Findings.--The Congress finds that-- ``(1) restoring the competitiveness and enhancing the productivity of the United States will require that all workers possess basic job and educational skills; and ``(2) an investment in human capital will have a substantial impact on increasing productivity in the United States. ``(b) Purposes.--The purposes of this title are to establish a public works and public service job training program designed-- ``(1) to provide on-the-job training opportunities for hard-to-employ individuals; and ``(2) to improve infrastructure and public sector service delivery. ``SEC. 802. ALLOTMENT AND ALLOCATION. ``(a) Allotment to States.--Of the amount appropriated under section 3(g) for each fiscal year and available to carry out this title, the Secretary shall allot such amount to the States for allocation to service delivery areas within each State. ``(b) Allocation to Service Delivery Areas.--Of the amount allotted to a State under subsection (a) for a fiscal year, the Governor shall allocate such amount to service delivery areas in such State in accordance with the criteria contained in subparagraphs (A) through (C) of section 202(b)(1). ``(c) Reallotment.-- ``(1) In general.--Not later than 60 days after the end of each program year, the Secretary shall, in accordance with the requirements of this subsection, reallot to eligible States amounts appropriated for such program year that are available for reallotment under paragraph (2). ``(2) Amount.--The amount available for reallotment is equal to the amount by which the unobligated balance of the State allotment under subsection (a) for all States at the end of the program year prior to the program year for which the determination under this subsection is made exceeds 20 percent of such allotment for that prior program year. ``(3) Eligible states defined.--For purposes of this subsection, the term `eligible States' means States that demonstrate progress toward achieving the objectives of this title and that require additional funds in order to accomplish such objectives, as determined by the Secretary. ``SEC. 803. USE OF FUNDS. ``(a) In General.--A service delivery area shall use amounts allocated under section 802 to establish a public works and public service job training program under which eligible individuals participate in job projects in accordance with this title. ``(b) Conduct of Program.--In carrying out the program established under subsection (a), the service delivery area shall-- ``(1) prepare a plan for the establishment and conduct of job projects pursuant to criteria prescribed by the Secretary; ``(2) submit such plan to the Secretary for review and approval; ``(3) provide for an objective assessment of the skill levels and service needs of each participant to determine the appropriate job project for each such participant; ``(4) provide participants with limited English speaking ability such instruction as the service delivery area considers appropriate; ``(5) use objective measures to monitor the success or failure of the participant in the job project and maintain records on each participant; ``(6) conduct outreach activities to attract eligible individuals; ``(7) provide pre-employment skills and work responsibility training; ``(8) provide each participant with-- ``(A) information about and referrals to pre- college and adult continuing education and related training programs; ``(B) appropriate social services, including information relating to educational programs; and ``(C) information about programs and services provided by the State apprenticeship council; ``(9) establish a job counseling and job placement service to assist each participant in obtaining employment upon completion of the job project, including the training-related placement of minorities in nontraditional employment and apprenticeships; and ``(10) prepare and submit an annual report to the Secretary on the activities of the service delivery area with respect to the program. ``(c) Job Project Requirements.--Each job project shall meet the following requirements: ``(1) Each job project shall be capable of completion within 24 months. ``(2) Each job project shall provide for on-the-job training and employment of eligible individuals, including the training of minorities in nontraditional employment. ``(3) A participant who has not received a high school diploma or its equivalent shall, in order to continue employment in the project, maintain satisfactory progress toward receiving a high school diploma or its equivalent. ``(d) Personnel.--A service delivery area shall-- ``(1) employ an administrator and support personnel sufficient to carry out the program established under subsection (a); and ``(2) select a project manager for each job project assisted under this title, in accordance with criteria established by the Secretary. ``(e) Progress Reports.--The administrator shall prepare and submit to the private industry council of the service delivery area monthly progress reports on the job projects. ``(f) Administrative Costs.--Not more than 10 percent of amounts allocated under section 802 to a service delivery area for a fiscal year may be used for administrative expenses in carrying out the program established under subsection (a). ``(g) Criteria Relating to Profit or Loss of Employers.--The Secretary shall develop criteria to be used by each private industry council to evaluate the projected profit or loss of an employer with respect to a job project carried out by such employer. ``(h) Job Project Defined.--For purposes of this title, the term `job project' means-- ``(1) the construction, renovation, repair, or other improvement, and maintenance of a public building or other public facility (including a surface transportation, aviation, water resources, solid waste management, or drinking water facility) with commercial, industrial, public, service, or other value, or ``(2) work in such fields as environmental quality, health care, education, public safety, crime prevention and control, prison rehabilitation, transportation, recreation, maintenance of parks, streets, and other public facilities, solid waste removal, pollution control, housing and neighborhood improvements, rural development, conservation, beautification, and other fields of human betterment and community improvement, that will be carried out by a public agency or a private nonprofit organization and would not otherwise be conducted with existing funds. ``SEC. 804. ELIGIBLE INDIVIDUALS. ``(a) In General.--Subject to the limitations in subsection (b), an individual shall be eligible to participate in a job project under this title if such individual-- ``(1)(A) has a high school diploma or its equivalent; or ``(B) is enrolled in a program which leads to a high school diploma or its equivalent and is making substantial progress toward such diploma or equivalent; ``(2) is at least 18 years of age; ``(3) has resided in the service delivery area for at least 60 consecutive days prior to applying for employment under the job project; and ``(4)(A) has been unemployed for at least 35 consecutive days prior to applying for such employment; ``(B) sought employment during such 35-day period; and ``(C) provides assurances that he or she will continue to seek employment during the last 6 months of the job project. ``(b) Limitations.-- ``(1) Maximum income.--An individual whose income from all sources for the year preceding the year in which the determination of employment under the job project is made is equal to or greater than 150 percent of the official poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with section 673(2) of the Omnibus Budget Reconciliation Act of 1981 (42 U.S.C. 9902(2)) shall not be eligible to participate in a job project under this title. ``(2) Retirement benefits.--An individual eligible for retirement benefits under the Social Security Act (42 U.S.C. 301 et seq.), under any retirement system for Federal Government employees, under the railroad retirement system, under the military retirement system, or under any private pension program shall not be eligible to participate in a job project under this title. ``SEC. 805. WAGES AND BENEFITS AND SUPPORTIVE SERVICES. ``(a) Wages and Benefits.--Notwithstanding section 141(k), each participant in a job project under this title shall receive the following: ``(1) Wages in an amount equal to-- ``(A) the wages described in section 143(d) with respect to laborers and mechanics described in such section; or ``(B) in cases where subparagraph (A) does not apply, wages equal to the higher of-- ``(i) the minimum wage established under section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)); or ``(ii) the minimum wage established under the applicable State minimum wage law. ``(2) Benefits and employment conditions comparable to the benefits and conditions provided to other employees employed in similar occupations by a comparable employer, as determined by the private industry council. ``(b) Supportive Services.--Each service delivery area shall make available to each participant in a job project under this title appropriate supportive services to enable a participant to work. ``SEC. 806. WAIVER AUTHORITY. ``The service delivery area may waive the education requirement under section 803(c)(3) with respect to a participant in a job project. ``SEC. 807. LINKAGES. ``In carrying out the program under this title, each service delivery area shall establish appropriate linkages with other appropriate programs, including programs under titles II and III and any other provision of this Act, to avoid duplication and enhance the delivery of services.''. (b) Authorization of Appropriations.--Section 3 of the Act (29 U.S.C. 1502) is amended by adding at the end the following new subsection: ``(g) There are authorized to be appropriated such sums as may be necessary to carry out title VIII.''. (c) Conforming Amendment.--The table of contents of the Act is amended by adding at the end the following new items: ``TITLE VIII--PUBLIC WORKS AND PUBLIC SERVICE JOB TRAINING PROGRAM ``Sec. 801. Findings and purposes. ``Sec. 802. Allotment and allocation. ``Sec. 803. Use of funds. ``Sec. 804. Eligible individuals. ``Sec. 805. Wages and benefits and supportive services. ``Sec. 806. Waiver authority. ``Sec. 807. Linkages.''. SEC. 3. REQUIREMENT THAT STATE APPRENTICESHIP COUNCIL REPRESENTATIVE BE MEMBER OF PRIVATE INDUSTRY COUNCIL. Paragraph (3) of section 102(a) of the Act (29 U.S.C. 1512(a)(3)) is amended by adding at the end the following new subparagraph: ``(F) The State apprenticeship council.''.

Summary: Full Employment Opportunity and Infrastructure Improvement Act of 1994 - Amends the Job Training Partnership Act to establish a public works and public service job training program. Sets forth provisions for allotment to States, allocation to service delivery areas, program conduct and project requirements, individual eligibility, wages, benefits, and supportive services, waiver of education requirements, and linkages to other programs. Requires that private industry councils include representatives of the State apprenticeship council.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Preventing Overdoses While in Emergency Departments Act of 2018''. SEC. 2. PROGRAM TO SUPPORT EMERGENCY DEPARTMENT DISCHARGE AND CARE COORDINATION FOR DRUG OVERDOSE PATIENTS. (a) In General.--The Secretary of Health and Human Services shall establish a program (referred to in this Act as the ``Program'') to develop protocols for discharging patients who have presented with a drug overdose and enhance the integration and coordination of care and treatment options for individuals with substance use disorder after discharge. (b) Grant Establishment and Participation.-- (1) In general.--In carrying out the Program, the Secretary shall award grants on a competitive basis to not more than 20 eligible health care sites described in paragraph (2). (2) Eligible health care sites.--To be eligible for a grant under this section, a health care site shall-- (A) submit an application to the Secretary at such time, in such manner, and containing such information as specified by the Secretary; (B) have an emergency department; (C)(i) have a licensed health care professional on site who has a waiver under section 303(g) of the Controlled Substances Act (21 U.S.C. 823(g)) to administer medication-assisted treatment; or (ii) have a demonstrable plan to hire a full-time licensed health care professional who has a waiver described in clause (i) to administer such treatment on site; (D) have in place an agreement with a sufficient number and range of entities certified under applicable State and Federal law, such as pursuant to registration or a waiver under section 303(g) of the Controlled Substances Act (21 U.S.C. 823(g)) or certification as described in section 8.2 of title 42 of the Code of Federal Regulations, to provide treatment for substance use disorder such that, in combination, the resulting network of entities with an agreement with the hospital cumulatively are capable of providing services for all evidence-based services for the treatment of substance use disorder, as medically appropriate for the individual involved, including-- (i) medication-assisted treatment; (ii) withdrawal and detoxification services that include patient evaluation, stabilization, and readiness for, and entry into, treatment; and (iii) counseling; (E) deploy on-site recovery coaches to help connect patients with treatment and recovery support programs; and (F) include the provision of overdose reversal medication in discharge protocols for opioid overdose patients. (3) Preference.--In awarding grants under this section, the Secretary shall give preference to eligible health care sites that meet either or both of the following criteria: (A) The site is a critical access hospital (as defined in section 1861(mm)(1) of the Social Security Act (42 U.S.C. 1395x(mm)(1))), a low volume hospital (as defined in section 1886(d)(12)(C)(i) of such Act (42 U.S.C. 1395ww(d)(12)(C)(i))), or a sole community hospital (as defined in section 1886(d)(5)(D)(iii) of such Act (42 U.S.C. 1395ww(d)(5)(D)(iii))). (B) The site is located in a geographic area with an overdose rate higher than the national average, based on the most recent data of the Centers for Disease Control and Prevention. (4) Medication-assisted treatment defined.--For purposes of this section, the term ``medication-assisted treatment'' means the use of medication approved by the Food and Drug Administration in combination with behavioral health services to provide an individualized approach to the treatment of substance use disorders, including opioid use disorder. (c) Period of Grant.--A grant awarded to an eligible health care site under this section shall be for a period of at least 2 years. (d) Grant Uses.-- (1) Required uses.--A grant awarded under this section to an eligible health care site shall be used for both of the following purposes: (A) To establish policies and procedures that address the provision of overdose reversal medication, the administration of medication-assisted treatment to a non-fatal overdose patient in the emergency department, and the subsequent referral to evidence- based treatment upon discharge for patients who have experienced a non-fatal drug overdose. (B) To develop best practices for treating non- fatal drug overdoses, including with respect to care coordination and integrated care models for long-term treatment and recovery options for individuals who have experienced a non-fatal drug overdose. (2) Additional permissible uses.--A grant awarded under this section to an eligible health care site may be used for any of the following purposes: (A) To hire emergency department recovery coaches, counselors, therapists, social workers, or other licensed medical professionals specializing in the treatment of substance use disorder. (B) To establish integrated models of care for individuals who have experienced a non-fatal drug overdose which may include patient assessment, followup, and transportation to treatment facilities. (C) To provide for options for increasing the availability and access of medication-assisted treatment and other evidence-based treatment for individuals with substance use disorders. (e) Reporting Requirements.-- (1) Reports by grantees.--Each eligible health care site awarded a grant under this section shall submit to the Secretary an annual report for each year for which the site has received such grant that includes information on-- (A) the number of individuals treated at the site for non-fatal overdoses in the emergency department; (B) the number of individuals administered medication-assisted treatment at the site in the emergency department; (C) the number of individuals referred by the site to other treatment facilities after a non-fatal overdose, the types of such other facilities, and the number of such individuals admitted to such other facilities pursuant to such referrals; (D) the frequency and number of patient readmissions for non-fatal overdoses and substance abuse disorder; (E) how the grant funding was used; and (F) the effectiveness of, and any other relevant additional data regarding, having an onsite health care professional to administer and begin medication- assisted treatment for substance use disorders. (2) Report by secretary.--Not less than one year after the conclusion of the Program, the Secretary shall submit to Congress a report that includes-- (A) findings of the Program; (B) overall patient outcomes under the Program, such as with respect to hospital readmission; (C) what percentage of patients treated by a site receiving a grant under this section were readmitted to a hospital for non-fatal or fatal overdose; and (D) a compilation of voluntary guidelines and best practices from the reports submitted under paragraph (1). (f) Authorization of Appropriations.--There is authorized to be appropriated to carry out this Act $50,000,000 for the period of fiscal years 2019 through 2023.

Summary: Preventing Overdoses While in Emergency Departments Act of 2018 This bill requires the Department of Health and Human Services to establish a grant program to: (1) develop protocols for discharging patients who are treated for a drug overdose, and (2) enhance the integration and coordination of postdischarge care and treatment options for individuals with a substance use disorder.


SECTION 1. SHORT TITLE. This Act may be cited as the ``True Cost of War Act of 2011''. SEC. 2. REPORT ON LONG-TERM COSTS OF OPERATION IRAQI FREEDOM AND OPERATION ENDURING FREEDOM. (a) Findings.--Congress makes the following findings: (1) The United States has been engaged in military operations in Afghanistan since October 2001 as Operation Enduring Freedom and in military operations in Iraq since March 2003 as Operation Iraqi Freedom and its successor contingency operation, Operation New Dawn. (2) According to the Congressional Research Service, through fiscal year 2010, Congress has appropriated $1,087,000,000,000 for the Department of Defense, for the State Department, and for medical costs paid by the Department of Veterans Affairs. This amount includes $751,000,000,000 related to operations in Iraq and $336,000,000,000 related to operations in Afghanistan. (3) Over 90 percent of the funds appropriated for the Department of Defense for operations in Iraq and Afghanistan have been provided as supplemental or additional appropriations and designated as an emergency funding requirement. (4) The Congressional Budget Office and the Congressional Research Service have stated that future costs for operations in Iraq and Afghanistan are difficult to estimate because the Department of Defense provides little information on costs incurred to date and does not report outlays or actual expenditure for operations in Iraq and Afghanistan (because war and baseline funds are mixed in the same accounts) and because of a lack of information from the Department of Defense on many of the key factors that determine costs, including personnel levels and the pace of operations. (5) Over 2,000,000 members of the United States Armed Forces have served in Afghanistan and Iraq since the beginning of the conflicts. (6) Over 4,400 members of the Armed Forces and Department of Defense civilian personnel have been killed in Operation Iraqi Freedom, and over 1,400 members of the Armed Forces and Department of Defense civilian personnel have been killed in Operation Enduring Freedom in Afghanistan. (7) Over 1,620 members of the Armed Forces have suffered amputations as a result of wounds or other injuries incurred in Afghanistan or Iraq. (8) More than 243,685 veterans of military service in Iraq and Afghanistan have been treated for mental health conditions, more than 66,900 of these veterans have been diagnosed with post-traumatic stress disorder, and approximately 178,876 of these veterans have a confirmed traumatic brain injury diagnosis. (9) Approximately 46 percent of veterans of military service in Iraq and Afghanistan have sought treatment at a Department of Veterans Affairs hospital or medical clinic. (10) The Independent Review Group on Rehabilitative Care and Administrative Processes at Walter Reed Army Medical Center and National Naval Medical Center identified traumatic brain injury, post-traumatic stress disorder, increased survival of severe burns, and traumatic amputations as the four signature wounds of the current conflicts, and the Independent Review Group report states that the recovery process ``can take months or years and must accommodate recurring or delayed manifestations of symptoms, extended rehabilitation and all the life complications that emerge over time from such trauma''. (b) Report Requirement.--Not later than 90 days after the date of the enactment of this Act, the President, with contributions from the Secretary of Defense, the Secretary of State, and the Secretary of Veterans Affairs, shall submit to Congress a report containing an estimate of the long-term costs of Operation New Dawn (the successor contingency operation to Operation Iraqi Freedom) and Operation Enduring Freedom for each the following scenarios: (1) The scenario in which the number of members of the Armed Forces deployed in support of Operation New Dawn and Operation Enduring Freedom is reduced from roughly 190,000 in 2011 to 150,000 in 2012, 65,000 in 2013, and 30,000 by the beginning of 2014, and remains at 30,000 through 2020. (2) The scenario in which the number of members of the Armed Forces deployed in support of Operation New Dawn and Operation Enduring Freedom rises to approximately 235,000 in 2011, is reduced to 230,000 in 2012, 195,000 in 2013, 135,000 in 2014, 80,000 in 2015, 60,000 in 2016, and remains at 60,000 through 2020. (3) An alternative scenario, determined by the President and based on current contingency operation and withdrawal plans, which takes into account expected force levels and the expected length of time that members of the Armed Forces will be deployed in support of Operation New Dawn and Operation Enduring Freedom. (c) Estimates To Be Used in Preparation of Report.--In preparing the report required by subsection (b), the President shall make estimates and projections through at least fiscal year 2020, adjust any dollar amounts appropriately for inflation, and take into account and specify each of the following: (1) The total number of members of the Armed Forces expected to be deployed in support of Operation New Dawn and Operation Enduring Freedom, including-- (A) the number of members of the Armed Forces actually deployed in Southwest Asia in support of Operation New Dawn and Operation Enduring Freedom; (B) the number of members of reserve components of the Armed Forces called or ordered to active duty in the United States for the purpose of training for eventual deployment in Southwest Asia, backfilling for deployed troops, or supporting other Department of Defense missions directly or indirectly related to Operation New Dawn or Operation Enduring Freedom; and (C) the break-down of deployments of members of the regular and reserve components and activation of members of the reserve components. (2) The number of members of the Armed Forces, including members of the reserve components, who have previously served in support of Operation Iraqi Freedom, Operation New Dawn, or Operation Enduring Freedom and who are expected to serve multiple deployments. (3) The number of contractors and private military security firms that have been used and are expected to be used during the course of Operation Iraqi Freedom, Operation New Dawn, and Operation Enduring Freedom. (4) The number of veterans currently suffering and expected to suffer from post-traumatic stress disorder, traumatic brain injury, or other mental injuries. (5) The number of veterans currently in need of and expected to be in need of prosthetic care and treatment because of amputations incurred during service in support of Operation Iraqi Freedom, Operation New Dawn, or Operation Enduring Freedom. (6) The current number of pending Department of Veterans Affairs claims from veterans of military service in Iraq and Afghanistan, and the total number of such veterans expected to seek disability compensation from the Department of Veterans Affairs. (7) The total number of members of the Armed Forces who have been killed or wounded in Iraq or Afghanistan, including noncombat casualties, the total number of members expected to suffer injuries in Iraq and Afghanistan, and the total number of members expected to be killed in Iraq and Afghanistan, including noncombat casualties. (8) The amount of funds previously appropriated for the Department of Defense, the Department of State, and the Department of Veterans Affairs for costs related to Operation Iraqi Freedom, Operation New Dawn, and Operation Enduring Freedom, including an account of the amount of funding from regular Department of Defense, Department of State, and Department of Veterans Affairs budgets that has gone and will go to costs associated with such operations. (9) Current and future operational expenditures associated with Operation New Dawn and Operation Enduring Freedom, including-- (A) funding for combat operations; (B) deploying, transporting, feeding, and housing members of the Armed Forces (including fuel costs); (C) activation and deployment of members of the reserve components of the Armed Forces; (D) equipping and training of Iraqi and Afghani forces; (E) purchasing, upgrading, and repairing weapons, munitions, and other equipment consumed or used in Operation Iraqi Freedom, Operation New Dawn, or Operation Enduring Freedom; and (F) payments to other countries for logistical assistance in support of such operations. (10) Past, current, and future costs of entering into contracts with private military security firms and other contractors for the provision of goods and services associated with Operation Iraqi Freedom, Operation New Dawn, and Operation Enduring Freedom. (11) Average annual cost for each member of the Armed Forces deployed in support of Operation Iraqi Freedom, Operation New Dawn, or Operation Enduring Freedom, including room and board, equipment and body armor, transportation of troops and equipment (including fuel costs), and operational costs. (12) Current and future cost of combat-related special pays and benefits, including reenlistment bonuses. (13) Current and future cost of calling or ordering members of the reserve components to active duty in support of Operation New Dawn or Operation Enduring Freedom. (14) Current and future cost for reconstruction, embassy operations and construction, and foreign aid programs for Iraq and Afghanistan. (15) Current and future cost of bases and other infrastructure to support members of the Armed Forces serving in Iraq and Afghanistan. (16) Current and future cost of providing health care for veterans who served in support of Operation Iraqi Freedom, Operation New Dawn, or Operation Enduring Freedom, including-- (A) the cost of mental health treatment for veterans suffering from post-traumatic stress disorder and traumatic brain injury, and other mental problems as a result of such service; and (B) the cost of lifetime prosthetics care and treatment for veterans suffering from amputations as a result of such service. (17) Current and future cost of providing Department of Veterans Affairs disability benefits for the lifetime of veterans who incur disabilities while serving in support of Operation Iraqi Freedom, Operation New Dawn, or Operation Enduring Freedom. (18) Current and future cost of providing survivors' benefits to survivors of members of the Armed Forces killed while serving in support of Operation Iraqi Freedom, Operation New Dawn, or Operation Enduring Freedom. (19) Cost of bringing members of the Armed Forces and equipment back to the United States upon the conclusion of Operation New Dawn and Operation Enduring Freedom, including the cost of demobilization, transportation costs (including fuel costs), providing transition services for members of the Armed Forces transitioning from active duty to veteran status, transporting equipment, weapons, and munitions (including fuel costs), and an estimate of the value of equipment that will be left behind. (20) Cost to restore the military and military equipment, including the equipment of the reserve components, to full strength after the conclusion of Operation New Dawn or Operation Enduring Freedom. (21) Amount of money borrowed to pay for Operation Iraqi Freedom, Operation New Dawn, and Operation Enduring Freedom, and the sources of that money. (22) Interest on money borrowed, including interest for money already borrowed and anticipated interest payments on future borrowing, for Operation Iraqi Freedom, Operation New Dawn, and Operation Enduring Freedom.

Summary: True Cost of War Act of 2011 - Directs the President, with contributions from the Secretary of Defense (DOD), the Secretary of State, and the Secretary of Veterans Affairs (VA), to report to Congress an estimate of the long-term costs of Operation New Dawn (the successor contingency operation to Operation Iraqi Freedom) and Operation Enduring Freedom under three specified scenarios based on the number of U.S. troops deployed in such operations, as well as contingency operation and withdrawal plans. Requires the President, in preparing such report, to make estimates and projections through at least FY2020, and to take into account specified cost factors, including: (1) the deployment of U.S. military personnel, contractors, and private security firms; (2) the number of veterans in need of medical or mental health care due to injuries and illnesses; (3) pending veterans' disability compensation claims; (4) total casualties and injuries; (5) current and future operational expenses and related costs; and (6) the amount of money borrowed to pay for such operations, the sources of that money, and the interest on the money borrowed.


SECTION 1. SHORT TITLE, FINDINGS, AND PURPOSES. (a) Short Title.--This Act may be cited as the ``Minority National Security Scholarship Act of 2002''. (b) Findings.--The Congress makes the following findings: (1) The security of the United States will continue to depend on the ability of the United States to understand, shape, and react to political, economic, and social developments around the world. (2) Ethno-national conflicts continue to rage around the world, and such conflicts are often accompanied by the proliferation of weapons, human rights violations, economic and commercial decline, trafficking in women and children, the drafting of children into military service, and threats to American citizens and business interests. (3) International terrorist organizations like al-Qaeda have established footholds in a number of countries, including both allies and adversaries of the United States, and attempt to use such footholds as bases from which to launch terrorist attacks on the United States and American interests abroad. (4) The future national security and economic well-being of the United States will depend substantially on the ability of its citizens to understand, influence, and respond to ethno- national conflicts and the social and political factors that cause others to support international terrorist groups. American economic interests will also depend on the ability of U.S. citizens to communicate and compete by knowing the languages and cultures of other countries. (5) The Federal Government has an interest in ensuring that the employees of its departments and agencies with national security responsibilities are prepared to meet the challenges of this changing international environment. (6) The Federal Government also has an interest in taking actions to alleviate the problem of American undergraduate and graduate students being inadequately prepared to meet the challenges posed by increasing global interaction among nations. (7) American colleges and universities must place a new emphasis on improving the teaching of foreign languages, area studies, and other international fields, particularly of those far-flung regions and newly independent countries that have previously not been the focus of study in American institutions of higher learning, to help meet those challenges. (8) By virtue of their intimate understanding of foreign languages, cultures, and locations, members of minority groups have the potential to offer the Federal Government their insights into political, economic, and social developments abroad, and the Federal Government should take whatever steps are necessary to encourage members of minority groups to use their skills to promote United States national security by making a career in the foreign affairs, security, or intelligence agencies of the Federal Government. Furthermore, if the United States is to penetrate terrorist organizations like al-Qaeda or hostile adversaries of any kind in hopes of preventing future attacks on the United States or on American interests, the Federal Government must take full advantage of the diversity of the American citizenry. (c) Purposes.--The purposes of this Act are as follows: (1) To provide the necessary resources, accountability, and flexibility to meet the national security education needs of the United States. (2) To increase the quantity, diversity, and quality of the teaching and learning of subjects in the fields of foreign languages, area studies, and other international fields that are critical to the Nation's interest. (3) To produce an increased pool of applicants for work in the departments and agencies of the United States Government with responsibilities for issues affecting national security. (4) To expand, in conjunction with other Federal programs, the international experience, knowledge base, and perspectives on which the United States citizenry, Government employees, and leaders rely. (5) To provide enhanced opportunities for members of minority groups to serve their country and contribute to United States national security by contributing to the work of the foreign affairs, security, or intelligence agencies of the Federal Government. SEC. 2. SCHOLARSHIP, FELLOWSHIP, AND GRANT PROGRAM. (a) Program Required.--The Secretary of Education shall establish a program to-- (1) award scholarships to minority undergraduate students who are United States citizens in order to enable such students to study, for at least one academic semester, in foreign countries that are critical countries (as determined under section 3(4)(A)); (2) award fellowships to minority graduate students who-- (A) are United States citizens to enable such students to pursue education in the United States in the disciplines of foreign languages, area studies, and other international fields that are critical areas of those disciplines (as determined under section 3(4)(B)); and (B) pursuant to subsection (d), enter into an agreement to work for an agency or office of the Federal Government or in the field of education in the area of study for which the fellowship was awarded; and (3) award grants to institutions of higher education to enable such institutions to establish, operate, or improve programs in foreign languages, area studies, and other international fields that are critical areas of those disciplines (as determined under section 3(4)(C)) and that will primarily serve students who are members of minority groups. (b) Funding Allocations.--Of the amounts available to carry out the programs under subsection (a) for any fiscal year, the Secretary of Education shall have a goal of allocating-- (1) \1/3\ of such amount for the awarding of scholarships pursuant to subsection (a)(1); (2) \1/3\ of such amount for the awarding of fellowships pursuant to subsection (a)(2); and (3) \1/3\ of such amount for the awarding of grants pursuant to subsection (a)(3). (c) Contract Authority.--The Secretary of Education may enter into one or more contracts, with private national organizations having an expertise in foreign languages, area studies, and other international fields, for the awarding of the scholarships, fellowships, and grants described in subsection (a) in accordance with the provisions of this Act. The Secretary of Education may enter into such contracts without regard to section 3709 of the Revised Statutes (41 U.S.C. 5) or any other provision of law that requires the use of competitive procedures. (d) Service Agreement.--In awarding a scholarship or fellowship under the program, the Secretary of Education or contract organization referred to in subsection (c), as the case may be, shall require a recipient of any fellowship, or of scholarships that provide assistance for periods that aggregate 12 months or more, to enter into an agreement that, in return for such assistance, the recipient-- (1) will maintain satisfactory academic progress, as determined in accordance with regulations issued by the Secretary of Education, and agrees that failure to maintain such progress shall constitute grounds upon which the Secretary or contract organization referred to in subsection (c) may terminate such assistance; (2) will, upon completion of such recipient's baccalaureate degree or education under the program, as the case may be, and in accordance with regulations issued by the Secretary, work for the Federal Government or in the field of education in the area of study for which the scholarship or fellowship was awarded for a period specified by the Secretary, which period for the recipients of scholarships shall be no more than the same period for which scholarship assistance was provided and for the recipients of fellowships shall be not less than one and not more than three times the period for which the fellowship assistance was provided; and (3) if the recipient fails to meet either of the obligations set forth in paragraph (1) or (2), will reimburse the United States Government for the amount of the assistance provided the recipient under the program, together with interest at a rate determined in accordance with regulations issued by the Secretary. (e) Distribution of Assistance.--In selecting the recipients for awards of scholarships, fellowships, or grants pursuant to this Act, the Secretary of Education or a contract organization referred to in subsection (c), as the case may be, shall take into consideration: (1) the extent to which the selections will result in there being an equitable geographic distribution of such scholarships, fellowships, or grants (as the case may be) among the various regions of the United States, and (2) the extent to which the distribution of scholarships and fellowships to individuals reflects the cultural, racial, and ethnic diversity of the minority population of the United States. (f) Merit Review.--The Secretary of Education shall award scholarships, fellowships, and grants under the program based upon a merit review process. SEC. 3. POLICY GUIDANCE. The Secretary of Education shall provide guidance regarding the implementation of this Act by-- (1) developing criteria for awarding scholarships, fellowships, and grants under this Act; (2) widely disseminating information regarding the activities assisted under this Act; (3) establishing qualifications for students desiring scholarships or fellowships, and institutions of higher education desiring grants, under this Act, including, in the case of students desiring a scholarship or fellowship, a requirement that the student have a demonstrated commitment to the study of the discipline for which the scholarship or fellowship is to be awarded; (4) making determinations regarding-- (A) which countries are not emphasized in other United States study abroad programs, such as countries in which few United States minority students are studying, and are, therefore, critical countries for the purposes of section 2(a)(1); (B) which areas within the disciplines described in section 2(a)(2) are areas of study in which United States minority students are deficient in learning and are, therefore, critical areas within those disciplines for the purposes of that section; (C) which areas within the disciplines described in section 2(a)(3) are areas in which United States minority students, educators, and Government employees are deficient in learning and in which insubstantial numbers of United States institutions of higher education serving primarily minority students provide training and are, therefore, critical areas within those disciplines for the purposes of that section; and (D) how minority students desiring scholarships or fellowships can be encouraged to work for an agency or office of the Federal Government involved in national security affairs or national security policy upon completion of their education; and (5) review the administration of the program required under this Act. SEC. 4. ADMINISTRATIVE PROVISIONS (a) Acceptance and Use of Gifts.--In order to conduct the program required by this Act, the Secretary of Education may-- (1) receive money and other property donated, bequeathed, or devised, without condition or restriction other than that it be used for the purpose of conducting the program required by this Act; and (2) may use, sell, or otherwise dispose of such property for that purpose. (b) Voluntary Services.--In order to conduct the program required by this Act, the Secretary of Education may accept and use the services of voluntary and noncompensated personnel. SEC. 5. ANNUAL REPORT. (a) Annual Report.--The Secretary of Education shall submit to the President and to the Congress an annual report of the conduct of the program required by this Act. (b) Contents of Report.--Each such report shall include the following: (1) An analysis of the trends within language, international, and area studies, along with a survey of such areas as the Secretary determines are receiving inadequate attention. (2) An analysis of minority participation in language, international, and area studies. (3) The effect on those trends of activities under the program required by this Act. (4) An analysis of the assistance provided under the program for the previous fiscal year, to include the subject areas being addressed and the nature of the assistance provided. (5) An analysis of the performance of the individuals who received assistance under the program during the previous fiscal year, to include the degree to which assistance was terminated under the program and the extent to which individual recipients failed to meet their obligations under the program. (6) An analysis of the results of the program for the previous fiscal year, and cumulatively, to include, at a minimum-- (A) the percentage of individuals who have received assistance under the program who subsequently became employees of the United States Government; (B) in the case of individuals who did not subsequently become employees of the United States Government, an analysis of the reasons why they did not become employees and an explanation as to what use, if any, was made of the assistance by those recipients; and (C) the uses made of grants to educational institutions. (7) Any legislative changes recommended by the Secretary to facilitate the administration of the program or otherwise to enhance its objectives. (c) Submission of Initial Report.--The first report under this section shall be submitted at the time the budget for fiscal year 2005 is submitted to Congress. SEC. 6. GENERAL ACCOUNTING OFFICE AUDITS. The conduct of the program required by this Act may be audited by the General Accounting Office under such rules and regulations as may be prescribed by the Comptroller General of the United States. Representatives of the General Accounting Office shall have access to all books, accounts, records, reports, and files and all other papers, things, or property of the Department of Education pertaining to such activities and necessary to facilitate the audit. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. (a) Authorization.--There are authorized to be appropriated to carry out this Act-- (1) $10,000,000 for each of the fiscal years 2003 through 2007; and (2) $12,000,000 for each fiscal year thereafter. (b) Carry-Over of Funds Permitted.--Funds appropriated pursuant to subsection (a) are authorized to remain available until expended. SEC. 8. DEFINITION OF ELIGIBLE MINORITY. For the purpose of this Act, the term ``minority'' means an individual who is a member of any of the following groups: (1) American Indian or Alaska Native. (2) Asian (to include individuals of East Asian, South Asian, and Central Asian descent). (3) Arab. (4) African American. (5) Native Hawaiian or other Pacific Islander. (6) Hispanic or Latino.

Summary: Minority National Security Scholarship Act of 2002 - Directs the Secretary of Education to establish a program for awarding: (1) scholarships to minority American undergraduates (American Indian or Alaska Native, Asian, Arab, African American, Native Hawaiian or other Pacific Islander, or Hispanic or Latino) to enable them to study, for at least one academic semester, in "critical" countries in which few minority students are studying; (2) fellowships to enable minority American graduate students to pursue education in the United States in the disciplines of foreign languages, area studies, and other international fields, and to enter into an agreement to work for a Federal agency or office in the field studied; and (3) grants to enable institutions of higher education to establish, operate, or improve programs in foreign languages, area studies, and other international fields in which minority students, educators, and Government employees are deficient in learning.Requires a recipient of any fellowship, or scholarship that provides assistance for periods that aggregate 12 months or more, to maintain satisfactory academic progress and to work for the Federal Government or in the field of education in the area of study for which the scholarship or fellowship was awarded for a period specified by the Secretary. Requires any recipient failing to meet those requirements to reimburse the United States for the amount of assistance provided under the program, with interest.


SECTION 1. SHORT TITLE. This Act may be cited as the ``ANCSA Unrecognized Community Landless Natives Authorization Act of 2017''. SEC. 2. UNRECOGNIZED SOUTHEAST ALASKA NATIVE COMMUNITIES RECOGNITION AND COMPENSATION. (a) Purpose.--The purpose of this section is to redress the omission of the southeastern Alaska communities of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell from eligibility by authorizing the Native people enrolled in the communities-- (1) to form Urban Corporations for the communities under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.); and (2) to receive certain settlement land pursuant to that Act. (b) Establishment of Additional Native Corporations.--Section 16 of the Alaska Native Claims Settlement Act (43 U.S.C. 1615) is amended by adding at the end the following: ``(e) Native Villages of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell, Alaska.-- ``(1) In general.--The Native residents of each of the Native Villages of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell, Alaska, may organize as Urban Corporations. ``(2) Effect on entitlement to land.--Nothing in this subsection affects any entitlement to land of any Native Corporation established before the date of enactment of this subsection pursuant to this Act or any other provision of law.''. (c) Shareholder Eligibility.--Section 8 of the Alaska Native Claims Settlement Act (43 U.S.C. 1607) is amended by adding at the end the following: ``(d) Native Villages of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell.-- ``(1) In general.--The Secretary shall enroll to each of the Urban Corporations for Haines, Ketchikan, Petersburg, Tenakee, or Wrangell those individual Natives who enrolled under this Act to the Native Villages of Haines, Ketchikan, Petersburg, Tenakee, or Wrangell, respectively. ``(2) Number of shares.--Each Native who is enrolled to an Urban Corporation for Haines, Ketchikan, Petersburg, Tenakee, or Wrangell pursuant to paragraph (1) and who was enrolled as a shareholders of the Regional Corporation for Southeast Alaska on or before March 30, 1973, shall receive 100 shares of Settlement Common Stock in the respective Urban Corporation. ``(3) Natives receiving shares through inheritance.--If a Native received shares of stock in the Regional Corporation for Southeast Alaska through inheritance from a decedent Native who originally enrolled to the Native Village of Haines, Ketchikan, Petersburg, Tenakee, or Wrangell and the decedent Native was not a shareholder in a Village or Urban Corporation, the Native shall receive the identical number of shares of Settlement Common Stock in the Urban Corporation for Haines, Ketchikan, Petersburg, Tenakee, or Wrangell as the number of shares inherited by that Native from the decedent Native who would have been eligible to be enrolled to the respective Urban Corporation. ``(4) Effect on entitlement to land.--Nothing in this subsection affects entitlement to land of any Regional Corporation pursuant to section 12(b) or 14(h)(8).''. (d) Distribution Rights.--Section 7 of the Alaska Native Claims Settlement Act (43 U.S.C. 1606) is amended-- (1) in subsection (j)-- (A) by striking ``(j) During'' and inserting the following: ``(j) Distribution of Corporate Funds and Other Net Income.-- ``(1) In general.--During''; (B) by striking ``Not less'' and inserting the following: ``(2) Minimum allocation.--Not less''; (C) by striking ``In the case'' and inserting the following: ``(3) Thirteenth regional corporation.--In the case''; and (D) by adding at the end the following: ``(4) Native villages of haines, ketchikan, petersburg, tenakee, and wrangell.--Native members of the Native Villages of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell who become shareholders in an Urban Corporation for such a Native Village shall continue to be eligible to receive distributions under this subsection as at-large shareholders of the Regional Corporation for Southeast Alaska.''; and (2) by adding at the end the following: ``(s) Effect of Amendatory Act.--Section 2 of the ANCSA Unrecognized Community Landless Natives Authorization Act of 2017 and the amendments made by that section shall not affect-- ``(1) the ratio for determination of revenue distribution among Native Corporations under this section; or ``(2) the settlement agreement among Regional Corporation or Village Corporations or other provisions of subsection (i) or (j).''. (e) Compensation.--The Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) is amended by adding at the end the following: ``SEC. 43. URBAN CORPORATIONS FOR HAINES, KETCHIKAN, PETERSBURG, TENAKEE, AND WRANGELL. ``(a) Offer of Compensation.-- ``(1) In general.--On incorporation of the Urban Corporations for Haines, Ketchikan, Petersburg, Tenakee, and Wrangell, the Secretary, in consultation and coordination with the Secretary of Commerce, and in consultation with representatives of each such Urban Corporation and the Regional Corporation for Southeast Alaska, shall offer as compensation, pursuant to this Act, 1 township of land (23,040 acres) to each of the Urban Corporations for Haines, Ketchikan, Petersburg, Tenakee, and Wrangell, in accordance with this subsection. ``(2) Local areas of historical, cultural, traditional, and economic importance.-- ``(A) In general.--The Secretary shall offer as compensation under this subsection local areas of historical, cultural, traditional, and economic importance to Alaska Natives from the Villages of Haines, Ketchikan, Petersburg, Tenakee, or Wrangell. ``(B) Selection of land.--In selecting the land to be withdrawn and conveyed pursuant to this section, the Secretary-- ``(i) shall give preference to land with commercial purposes; ``(ii) may include subsistence and cultural sites, aquaculture sites, hydroelectric sites, tideland, surplus Federal property, and eco- tourism sites; and ``(iii) shall not include land within a conservation system unit (as defined in section 102 of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3102)). ``(C) Contiguous, compact sites.--The land selected pursuant to this section shall be contiguous and reasonably compact tracts if practicable. ``(D) Valid existing rights.--The land selected pursuant to this section shall be subject to all valid existing rights and all other provisions of section 14(g), including any lease, contract, permit, right-of- way, or easement (including a lease issued under section 6(g) of the Act of July 7, 1958 (commonly known as the `Alaska Statehood Act') (48 U.S.C. note prec. 21; Public Law 85-508)). ``(b) Acceptance or Rejection of Offer.-- ``(1) In general.--Not later than 1 year after the date of the offer of compensation from the Secretary under subsection (a), each of the Urban Corporations for Haines, Ketchikan, Petersburg, Tenakee, and Wrangell shall accept or reject the offer. ``(2) Resolution.--To accept or reject the offer, each such Urban Corporation shall provide to the Secretary a properly executed and certified corporate resolution that states that the offer proposed by the Secretary was voted on, and either approved or rejected, by a majority of the shareholders of the Urban Corporation. ``(3) Rejection of offer.--If the offer is rejected-- ``(A) the Secretary, in consultation with representatives of the Urban Corporation that rejected the offer and the Regional Corporation for Southeast Alaska, shall revise the offer; and ``(B) the Urban Corporation shall have an additional 180 days within which to accept or reject the revised offer. ``(c) Withdrawal and Conveyance of Land and Title.--Not later than 180 days after receipt of a corporate resolution of an Urban Corporation approving an offer of the Secretary under subsection (b)(1), the Secretary shall (as appropriate)-- ``(1) withdraw the land; ``(2) convey to the Urban Corporation title to the surface estate of the land; and ``(3) convey to the Regional Corporation for Southeast Alaska title the subsurface estate for the land. ``(d) Conveyance of Roads, Trails, Log Transfer Facilities, Leases, and Appurtenances.--The Secretary shall, without consideration of compensation, convey to the Urban Corporations of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell, by quitclaim deed or patent, all right, title, and interest of the United States in all roads, trails, log transfer facilities, leases, and appurtenances on or related to the land conveyed to the Corporations pursuant to subsection (c). ``(e) Settlement Trust.-- ``(1) In general.--The Urban Corporations of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell may establish a settlement trust in accordance with section 39 for the purposes of promoting the health, education, and welfare of the trust beneficiaries, and preserving the Native heritage and culture, of the communities of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell, respectively. ``(2) Proceeds and income.--The proceeds and income from the principal of a trust established under paragraph (1) shall-- ``(A) first be applied to the support of those enrollees, and the descendants of the enrollees, who are elders or minor children; and ``(B) then to the support of all other enrollees.''.

Summary: ANCSA Unrecognized Community Landless Natives Authorization Act of 2017 This bill amends the Alaska Native Claims Settlement Act to permit the Alaska Native residents of each of the Alaska Native villages of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell, Alaska, to organize as Alaska Native urban corporations and to receive certain settlement land. These urban corporations may establish a settlement trust to promote the health, education, and welfare of the trust beneficiaries, and preserve the Alaska Native heritage and culture of their communities.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Care Lending Pilot Act of 2003''. SEC. 2. CHILD CARE BUSINESS LOAN PROGRAM. (a) Loans Authorized.--Section 502 of the Small Business Investment Act of 1958 (15 U.S.C. 696) is amended-- (1) in the matter preceding paragraph (1)-- (A) by striking ``The Administration'' and inserting the following: ``(a) Authorization.--The Administration''; (B) by striking ``and such loans'' and inserting ``. Such loans''; (C) by striking ``: Provided, however, That the foregoing powers shall be subject to the following restrictions and limitations:'' and inserting a period; and (D) by adding at the end the following: ``(b) Restrictions and Limitations.--The authority under subsection (a) shall be subject to the following restrictions and limitations:''; and (2) in paragraph (1)-- (A) by inserting after ``Use of proceeds.--'' the following: ``(A) In general.--''; and (B) by adding at the end the following: ``(B) Loans to small, non-profit child care businesses.--The proceeds of any loan described in subsection (a) may be used by the borrower to assist, in addition to other eligible small business concerns, small, non-profit child care businesses, provided that-- ``(i) the loan will be used for a sound business purpose that has been approved by the Administration; and ``(ii) each such business receiving financial assistance meets all of the same eligibility requirements applicable to for- profit businesses under this title, except for status as a for-profit business.''. (b) Reports.-- (1) Small business administration.-- (A) In general.--Not later than 6 months after the date of enactment of this Act, and every 6 months thereafter until September 30, 2006, the Administrator of the Small Business Administration shall submit a report on the implementation of the program under subsection (a) to-- (i) the Committee on Small Business and Entrepreneurship of the Senate; and (ii) the Committee on Small Business of the House of Representatives. (B) Contents.--The report under subparagraph (A) shall contain-- (i) the date on which the program is implemented; (ii) the date on which the rules are issued pursuant to subsection (c); and (iii) the number and dollar amount of loans under the program applied for, approved, and disbursed during the previous 6 months. (2) General accounting office.-- (A) In general.--Not later than March 31, 2006, the Comptroller General of the United States shall submit a report on the child care small business loans authorized by section 502(b)(1)(B) of the Small Business Investment Act of 1958, as added by this Act, to-- (i) the Committee on Small Business and Entrepreneurship of the Senate; and (ii) the Committee on Small Business of the House of Representatives. (B) Contents.--The report under subparagraph (A) shall contain information gathered during the first 2 years of the loan program, including-- (i) an evaluation of the timeliness of the implementation of the loan program; (ii) a description of the effectiveness and ease with which Certified Development Companies, lenders, and small businesses have participated in the loan program; (iii) a description and assessment of how the loan program was marketed; (iv) the number of child care small businesses, categorized by status as a for- profit or non-profit business and a new business or an expanded business, that-- (I) applied for loans under the program; (II) were approved for loans under the program; and (III) received loan disbursements under the program. (v) of the businesses under clause (iv)(III)-- (I) the number of such businesses in each State; (II) the total amount loaned to such businesses under the program; and (III) the average loan amount and term. (c) Rulemaking Authority.--Not later than 120 days after the date of enactment of this Act, the Administrator of the Small Business Administration shall issue final rules to carry out the loan program authorized by section 502(b)(1)(B) of the Small Business Investment Act of 1958, as added by this Act. (d) Sunset Provision.--The amendments made by this section shall remain in effect until September 30, 2006, and shall apply to all loans authorized by section 502(b)(1)(B) of the Small Business Investment Act of 1958, as added by this Act, that are made during the period beginning on the date of enactment of this Act and ending on September 30, 2006.

Summary: Child Care Lending Pilot Act of 2003 - Amends the Small Business Investment Act of 1958 to allow the proceeds of loans made through the Small Business Administration (SBA) to local development companies for plant acquisition, construction, or expansion to be used to assist small, nonprofit child care businesses, provided that: (1) the loan will be used for a sound business purpose approved by the SBA; and (2) each business receiving the assistance meets eligibility requirements applicable to for-profit businesses.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Understanding the True Cost of College Act of 2012''. SEC. 2. INSTITUTION FINANCIAL AID OFFER FORM. (a) Institution Financial Aid Offer Form.--Section 484 of the Higher Education Opportunity Act (20 U.S.C. 1092 note) is amended-- (1) by striking subsection (a) and inserting the following: ``(a) Standard Format.--The Secretary of Education, in consultation with the heads of relevant Federal agencies, shall develop a standard format for financial aid offer forms based on recommendations from representatives of students, students' families, institutions of higher education, secondary school and postsecondary counselors, and nonprofit consumer groups.''; (2) by striking subsection (b) and inserting the following: ``(b) Key Required Contents for Offer Form.--The standard format developed under subsection (a) shall include, in a consumer-friendly manner that is simple and understandable, the following items clearly separated from each other and listed on the first page of the financial aid offer form in either electronic or written format: ``(1) Information on the student's cost of attendance based on the most current costs for the academic period covered by the financial aid offer form, including the following: ``(A) Tuition and fees, as determined under section 472 of the Higher Education Act of 1965 (20 U.S.C. 1087ll). ``(B) Room and board costs, as determined under section 472 of the Higher Education Act of 1965 (20 U.S.C. 1087ll). ``(C) Books and supplies, as determined under section 472 of the Higher Education Act of 1965 (20 U.S.C. 1087ll). ``(D) Transportation, as determined under section 472 of the Higher Education Act of 1965 (20 U.S.C. 1087ll). ``(E) Miscellaneous personal expenses, as determined under section 472 of the Higher Education Act of 1965 (20 U.S.C. 1087ll). ``(2) The amount of financial aid that the student does not have to repay, such as scholarships, grant aid offered under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.), or grant aid offered by the institution, a State, or an outside source to the student for such academic period, including a disclosure that the financial aid does not have to be repaid and whether the student can expect to receive similar amounts of such financial aid for each academic period the student is enrolled at the institution. ``(3) The net amount that the student, or the student's family on behalf of the student, will have to pay for the student to attend the institution for such academic period, equal to-- ``(A) the cost of attendance as described in paragraph (1) for the student for such academic period, minus ``(B) the amount of financial aid described in paragraph (2) that is included in the financial aid offer form. ``(4) Work study assistance, including a disclosure that the aid must be earned by the student and a disclosure that the assistance offered is subject to the availability of employment opportunities. ``(5) The types and amounts of loans under part D or E of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087a et seq., 1087aa et seq.) that the institution recommends for the student for such academic period, a disclosure that such loans have to be repaid, a disclosure that the student can borrow a lesser amount than the recommended loan amount, a clear use of the word `loan' to describe the recommended loan amounts, the interest rates, fees, the expected monthly repayment amounts assuming a 10-year repayment plan, and the total amounts the student will pay over the life of the loans. ``(6) Where a student or the student's family can seek additional information regarding the financial aid offered, including contact information for the institution's financial aid office and the Department of Education's website on financial aid. ``(7) A disclosure that Federal student loans offer generally more favorable terms and beneficial repayment options than private education loans so students should examine available Federal student loan options before applying for private education loans, and an explanation to be written by the Secretary of Education, in consultation with the heads of relevant Federal agencies, of the benefits unique to Federal student loans, including various repayment plans, loan forgiveness, and loan deferment, and the terms to examine carefully if considering a private education loan. ``(8) The deadline and summary of the process, if any, for accepting the financial aid offered in the financial aid offer form. ``(9) The academic period covered by the financial aid offer form and a clear indication whether the aid offered is based on full-time or part-time enrollment. ``(10) With respect to institutions where more than 30 percent of enrolled students borrow loans to pay for their education, the institution's most recent cohort default rate, as defined in section 435(m) of the Higher Education Act of 1965 (20 U.S.C. 1085(m)), compared to the national average cohort default rate. ``(11) Any other information the Secretary of Education, in consultation with the heads of relevant Federal agencies, determines necessary so that students and parents can make informed loan borrowing decisions, including quality metrics such as percentage of students at the institution who take out student loans and average debt at graduation for students at the institution.''; and (3) by adding at the end the following: ``(c) Other Required Contents for the Offer Form.--The standard format developed under subsection (a) shall also include the following information to be included on the financial aid offer form in a concise format determined by the Secretary of Education, in consultation with the heads of relevant Federal agencies: ``(1) A concise summary of the terms and conditions of financial aid recommended under paragraphs (2), (4), and (5) of subsection (b) and a method to provide students with additional information about such terms and conditions, such as links to the supplementary information, including that the student may be eligible for longer loan repayment terms. ``(2) At the institution's discretion, additional options for paying for the net amount listed in subsection (b)(3), such as the amount recommended to be paid by the student or student's family, Federal Direct PLUS Loans under section 455 of the Higher Education Act of 1965 (20 U.S.C. 1087e), or private education loans. If the institution recommends private education loans, as defined in section 140 of the Truth in Lending Act (15 U.S.C. 1650), the financial aid offer form shall contain the additional following disclosures on the offer form: ``(A) The availability of, and the student's potential eligibility for, Federal financial assistance under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.). ``(B) The impact of a proposed private education loan on the student's potential eligibility for other financial assistance, including Federal financial assistance under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.). ``(C) The student's ability to select a private educational lender of the student's choice. ``(D) The student's right to accept or reject a private education loan within the 30-day period following a private educational lender's approval of a student's application and a student's 3-day right-to- cancel period. ``(E) With respect to dependent students, any reference to private education loans shall be accompanied by information about the recommended family contribution and the availability of, and terms and conditions associated with, Federal Direct PLUS Loans under section 455 of the Higher Education Act of 1965 (20 U.S.C. 1087e) for the student's parents regardless of family income, and of the student's increased eligibility for Federal student loans under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) if the student's parents are not able to borrow under the Federal Direct PLUS Loan program. ``(3) The following disclosures: ``(A) That the financial aid offer form only contains information for 1 academic period and the financial aid offered in following academic periods may change, unless the institution is offering aid that covers multiple academic periods. ``(B) How non-institutional scholarships awarded to the student affect the financial aid package offered to the student. ``(C) A concise summary of any Federal or institutional conditions required to receive and renew financial aid and a method to provide students with additional information about these conditions, such as links to the supplementary information. ``(d) Additional Requirements for Financial Aid Offer Form.--In addition to the requirements listed under subsections (b) and (c), the financial aid offer form shall meet the following requirements: ``(1) Clearly distinguish between the aid offered in paragraphs (2), (4), and (5) of subsection (b), by including a subtotal for the aid offered in each of such paragraphs and by refraining from commingling the different types of aid described in such paragraphs. ``(2) Use standard definitions and names for the terms described in subsection (b) that are developed by the Secretary of Education in consultation with the heads of relevant Federal agencies, representatives of institutions of higher education, nonprofit consumer groups, students, and secondary school and higher education guidance counselors, not later than 3 months after the date of enactment of the Understanding the True Cost of College Act of 2012. ``(3) If an institution's recommended Federal student loan aid offered in subsection (b)(5) is less than the Federal maximum available to the student, the institution shall provide additional information on Federal student loans, including the types and amounts for which the student is eligible in an attached document or webpage. ``(4) Use standard formatting and design that the Secretary of Education, in consultation with the heads of relevant Federal agencies, representatives of institutions of higher education, nonprofit consumer groups, students, and secondary school and higher education guidance counselors determine is appropriate to produce multiple draft financial aid offer designs for consumer testing not later than 3 months after the date of enactment of the Understanding the True Cost of College Act of 2012 to ensure-- ``(A) that figures described in paragraphs (1) through (5) of subsection (b) are in the same font, appear in the same order, and are displayed prominently on the first page of the financial aid offer form whether produced in written or electronic format; and ``(B) that the other information required in (b) and (c) appears in a standard format and design on the financial aid offer form. ``(5) Include an attestation that the student has accessed and read the financial aid offer form, if provided to the student in electronic format. ``(6) Include language developed by the Secretary of Education, in consultation with the heads of relevant Federal agencies, notifying eligible students that they may be eligible for education benefits, and where they can locate more information about such benefits, described in the following provisions: ``(A) Chapter 30, 31, 32, 33, 34, or 35 of title 38, United States Code. ``(B) Chapter 101, 105, 106A, 1606, 1607, or 1608 of title 10, United States Code. ``(C) Section 1784a, 2005, or 2007 of title 10, United States Code. ``(e) Additional Information.--Nothing in this section shall preclude an institution from supplementing the financial aid offer form with additional information so long as such additional information supplements the financial aid offer form and is not located on the financial aid offer form. ``(f) Consumer Testing.-- ``(1) In general.--Not later than 3 months after the date of enactment of the Understanding the True Cost of College Act of 2012, the Secretary of Education, in consultation with the heads of relevant Federal agencies, shall establish a process to submit the financial aid offer form developed under this section for consumer testing among representatives of students (including low-income students, first generation college students, adult students, and prospective students), students' families (including low-income families, families with first generation college students, and families with prospective students), institutions of higher education, secondary school and postsecondary counselors, and nonprofit consumer groups. ``(2) Length of consumer testing.--The Secretary of Education shall ensure that the consumer testing lasts no longer than 6 months after the process for consumer testing is developed under paragraph (1). ``(3) Use of results.--The results of consumer testing under paragraph (1) shall be used in the final development of the financial aid offer form. ``(4) Reporting requirement.--Not later than 3 months after the date the consumer testing under paragraph (1) concludes, the Secretary of Education shall submit to Congress the final standard financial aid offer form and a report detailing the results of such testing, including whether the Secretary added any additional items to the standard financial aid offer form pursuant to subsection (b)(10). ``(5) Authority to modify.--The Secretary of Education may modify the definitions, terms, formatting, and design of the financial aid offer form based on the results of consumer testing required under this subsection and before finalizing the form.''. (b) Mandatory Form.--Part B of title I of the Higher Education Act of 1965 (20 U.S.C. 1011 et seq.) is amended by adding at the end the following: ``SEC. 124. USE OF MANDATORY FINANCIAL AID OFFER FORM. ``(a) In General.--Notwithstanding any other provision of law, each institution of higher education that receives Federal financial assistance under this Act shall use the financial aid offer form developed under section 484 of the Higher Education Opportunity Act (20 U.S.C. 1092 note) in providing written or electronic financial aid offers to students enrolled in, or accepted for enrollment in, the institution. ``(b) Effective Date.--The requirement under subsection (a) shall take effect 8 months after the Secretary of Education finalizes the offer form developed under section 484(a) of the Higher Education Opportunity Act (20 U.S.C. 1092 note).''.

Summary: Understanding the True Cost of College Act of 2012 - Amends the Higher Education Opportunity Act to refer to the Secretary of Education's model institution of higher eduction (IHE) financial aid offer form as the standard form. Requires the standard form to include certain additional items, such as: (1) information concerning work study assistance, including its dependence on the availability of employment opportunities; (2) the disclosure that federal student loans offer generally more favorable terms and repayment options than private education loans; (3) the deadline for and a summary of the financial aid acceptance process; (4) the academic period covered by the offer and whether the aid is based on full-time or part-time enrollment; and (5) the IHE's most recent cohort default rate compared to the national average cohort default rate, if more than 30% of the school's students take out student loans. Requires more detailed information to be included on the form. Includes among those details, with respect to federal education loans, information: (1) identifying the type and amount of loan recommended for the applicable student; (2) clearly indicating that such loans need to be repaid; (3) disclosing the student's right to borrow less than the recommended amount; and (4) detailing the interest rates, fees, expected monthly repayment amounts, and sums to be paid over the life of such loans. Requires that certain steps be taken to improve the clarity of the form and provide recipients with access to additional information. Directs the Secretary, before finalizing the standard form, to submit it to consumer testing among students, their families, IHEs, secondary school and postsecondary counselors, and nonprofit consumer groups. Amends title IV (Student Assistance) of the Higher Education Act of 1965 to require each IHE receiving federal financial assistance under the Act to use the standard form in providing written or electronic financial aid offers to students enrolled in, or accepted for enrollment in, the IHE.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Flexible Refinancing for American Families Act of 2012''. SEC. 2. AFFORDABLE 50-YEAR REFINANCING OF MORTGAGES OWNED OR GUARANTEED BY FANNIE MAE AND FREDDIE MAC. (a) Authority.--The Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation shall each carry out a program under this section to provide for the refinancing of qualified mortgages on single-family housing owned by such enterprise through a refinancing mortgage having a 50-year term, and for the purchase of and securitization of such refinancing mortgages, in accordance with this section and policies and procedures that the Director of the Federal Housing Finance Agency shall establish. Such program shall require such refinancing of a qualified mortgage upon the request of the mortgagor made to the applicable enterprise and a determination by the enterprise that the mortgage is a qualified mortgage. (b) Qualified Mortgage.--For purposes of this section, the term ``qualified mortgage'' means a mortgage, without regard to whether the mortgagor is current on or in default on payments due under the mortgage, that-- (1) is an existing first mortgage that was made for purchase of, or refinancing another first mortgage on, a one- to four-family dwelling, including a condominium or a share in a cooperative ownership housing association, that is occupied by the mortgagor as the principal residence of the mortgagor; (2) is owned or guaranteed by the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation; and (3) was originated on or before the date of the enactment of this Act. (c) Refinancing Mortgage.--For purposes of this section, the term ``refinancing mortgage'' means a mortgage that meets the following requirements: (1) Refinancing of qualified mortgage.--The principal loan amount repayment of which is secured by the mortgage shall be used to satisfy all indebtedness under an existing qualified mortgage. (2) Single-family housing.--The property that is subject to the mortgage shall be the same property that is subject to the qualified mortgage being refinanced. (3) 50-year term with 30-year call option.--The mortgage shall have a term to maturity of 50 years from the date of the beginning of the amortization of the mortgage and shall fully amortize over such term, except that the mortgagee may, at the sole option of the mortgagee, require payment in full of all amounts of principal and interest owed under the mortgage on the date that is 30 years after the date of the beginning of the amortization of the mortgage, but only if the mortgagee provides written notice to the mortgagor of such acceleration of indebtedness not fewer than 90 days in advance of such acceleration. (4) Interest rate.--The mortgage shall bear interest at a single rate that is fixed for the entire term of the mortgage, which shall be equivalent to the premium received by the enterprise on the qualified mortgage being refinanced plus the cost of selling a newly issued mortgage having comparable risk and term to maturity in a mortgage-backed security, as such rate may be increased to the extent necessary to cover, over the term to maturity of the mortgage, any fee paid to the servicer pursuant to subsection (d), the cost of any title insurance coverage issued in connection with the mortgage, and, as determined by the Director, a portion of any administrative costs of the program under this section as may attributable to the mortgage. (5) Waiver of prepayment penalties.--All penalties for prepayment or refinancing of the qualified mortgage that is refinanced by the mortgage, and all fees and penalties related to the default or delinquency on such mortgage, shall have been waived or forgiven. (6) Prohibition on borrower fees.--The servicer conducting the refinancing shall not charge the mortgagor any fee for the refinancing of the qualified mortgage through the refinancing mortgage. (7) Title insurance.--The fee for title insurance coverage issued in connection with the mortgage shall be reasonable in comparison with fees for such coverage available in the market for mortgages having similar terms. (d) Fee to Servicer.--For each qualified mortgage of an enterprise that the servicer of the qualified mortgage refinances through a refinancing mortgage pursuant to this section, the enterprise shall pay the servicer a fee not exceeding $1,000. (e) No Appraisal.--The enterprises may not require an appraisal of the property subject to a refinancing mortgage to be conducted in connection with such refinancing. (f) Termination.--The requirement under subsection (a) for the enterprises to refinance qualified mortgages shall not apply to any request for refinancing made after the expiration of the one-year period beginning on the date of the enactment of this Act. (g) Definitions.--For purposes of this section, the following definitions shall apply: (1) Director.--The term ``Director'' means the Director of the Federal Housing Finance Agency. (2) Enterprise.--The term ``enterprise'' means the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation. (h) Regulations.--The Director shall issue any regulations or guidance necessary to carry out the program under this section.

Summary: Flexible Refinancing for American Families Act of 2012 - Directs the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation (Freddie Mac) (government-sponsored enterprises or GSEs) each to carry out a one-year program providing for the refinancing of qualified single-family housing mortgages it owns through a refinancing mortgage having a 50-year term (and for the purchase of and securitization of such refinancing mortgages) in accordance with this Act and the policies and procedures that the Director of the Federal Housing Finance Agency shall establish. Permits the mortgagee, however, upon written 90-day advance notice to the mortgagor, to require payment in full of a 50-year mortgage only 30 years after the beginning of its amortization. Defines a qualified mortgage as one, regardless of whether the mortgagor is current on payments due or in default, that: (1) is an existing first mortgage for purchase of, or refinancing another first mortgage on, a one- to four-family dwelling, including a condominium or a share in a cooperative ownership housing association, that is occupied by the mortgagor as principal residence; (2) is owned or guaranteed by the particular GSE; and (3) was originated on or before enactment of this Act. Specifies the terms and conditions of a refinancing mortgage, including a 50-year term to maturity and a prohibition on borrower fees. Requires waiver or forgiveness of all fees and penalties related to any default or delinquency on the original mortgage. Requires a GSE to pay a fee of up to $1,000 to the servicer of a qualified mortgage refinance. Prohibits any requirement of a property appraisal.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Older Workers' Rights Restoration Act of 2001''. SEC. 2. FINDINGS. Congress finds the following: (1) Since 1974, the Age Discrimination in Employment Act of 1967 (29 U.S.C. 621 et seq.) has prohibited States from discriminating in employment on the basis of age. In EEOC v. Wyoming, 460 U.S. 226 (1983), the Supreme Court upheld Congress' constitutional authority to prohibit States from discriminating in employment on the basis of age. The prohibitions of the Age Discrimination in Employment Act of 1967 remain in effect and continue to apply to the States, as the prohibitions have for more than 25 years. (2) Age discrimination in employment remains a serious problem both nationally and among State agencies, and has invidious effects on its victims, the labor force, and the economy as a whole. For example, age discrimination in employment-- (A) increases the risk of unemployment among older workers, who will as a result be more likely to be dependent on government resources; (B) prevents the best use of available labor resources; (C) adversely effects the morale and productivity of older workers; and (D) perpetuates unwarranted stereotypes about the abilities of older workers. (3) Private civil suits by the victims of employment discrimination have been a crucial tool for enforcement of the Age Discrimination in Employment Act of 1967 since the enactment of that Act. In Kimel v. Florida Board of Regents, 120 S. Ct. 631 (2000), however, the Supreme Court held that Congress lacks the power under the 14th amendment to the Constitution to abrogate State sovereign immunity to suits by individuals under the Age Discrimination in Employment Act of 1967. The Federal Government has an important interest in ensuring that Federal financial assistance is not used to subsidize or facilitate violations of the Age Discrimination in Employment Act of 1967. Private civil suits are a critical tool for advancing that interest. (4) As a result of the Kimel decision, although age-based discrimination by State employers remains unlawful, the victims of such discrimination lack important remedies for vindication of their rights that are available to all other employees covered under that Act, including employees in the private sector, local government, and the Federal Government. Unless a State chooses to waive sovereign immunity, or the Equal Employment Opportunity Commission brings an action on their behalf, State employees victimized by violations of the Age Discrimination in Employment Act of 1967 have no adequate Federal remedy for violations of that Act. In the absence of the deterrent effect that such remedies provide, there is a greater likelihood that entities carrying out programs and activities receiving Federal financial assistance will use that assistance to violate that Act, or that the assistance will otherwise subsidize or facilitate violations of that Act. (5) Federal law has long treated nondiscrimination obligations as a core component of programs or activities that, in whole or part, receive Federal financial assistance. That assistance should not be used, directly or indirectly, to subsidize invidious discrimination. Assuring nondiscrimination in employment is a crucial aspect of assuring nondiscrimination in those programs and activities. (6) Discrimination on the basis of age in programs or activities receiving Federal financial assistance is, in contexts other than employment, forbidden by the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.). Congress determined that it was not necessary for the Age Discrimination Act of 1975 to apply to employment discrimination because the Age Discrimination in Employment Act of 1967 already forbade discrimination in employment by, and authorized suits against, State agencies and other entities that receive Federal financial assistance. In section 1003 of the Rehabilitation Act Amendments of 1986 (42 U.S.C. 2000d-7), Congress required all State recipients of Federal financial assistance to waive any immunity from suit for discrimination claims arising under the Age Discrimination Act of 1975. The earlier limitation in the Age Discrimination Act of 1975, originally intended only to avoid duplicative coverage and remedies, has in the wake of the Kimel decision become a serious loophole leaving millions of State employees without an important Federal remedy for age discrimination, resulting in the use of Federal financial assistance to subsidize or facilitate violations of the Age Discrimination in Employment Act of 1967. (7) The Supreme Court has upheld Congress' authority to condition receipt of Federal financial assistance on acceptance by the States or other recipients of conditions regarding or related to the use of that assistance, as in Cannon v. University of Chicago, 441 U.S. 677 (1979). The Court has further recognized that Congress may require a State, as a condition of receipt of Federal financial assistance, to waive the State's sovereign immunity to suits for a violation of Federal law, as in College Savings Bank v. Florida Prepaid Postsecondary Education Expense Board, 527 U.S. 666 (1999). In the wake of the Kimel decision, in order to assure compliance with, and to provide effective remedies for violations of, the Age Discrimination in Employment Act of 1967 in State programs or activities receiving or using Federal financial assistance, and in order to ensure that Federal financial assistance does not subsidize or facilitate violations of the Age Discrimination in Employment Act of 1967, it is necessary to require such a waiver as a condition of receipt or use of that assistance. (8) A State's receipt or use of Federal financial assistance in any program or activity of a State will constitute a limited waiver of sovereign immunity under section 7(g) of the Age Discrimination in Employment Act of 1967 (as added by section 4 of this Act). The waiver will not eliminate a State's immunity with respect to programs or activities that do not receive or use Federal financial assistance. The State will waive sovereign immunity only with respect to suits under the Age Discrimination in Employment Act of 1967 brought by employees within the programs or activities that receive or use that assistance. With regard to those programs and activities that are covered by the waiver, the State employees will be accorded only the same remedies that are accorded to other covered employees under the Age Discrimination in Employment Act of 1967. (9) The Supreme Court has repeatedly held that State sovereign immunity does not bar suits for prospective injunctive relief brought against State officials, as in Ex parte Young, 209 U.S. 123 (1908). Clarification of the language of the Age Discrimination in Employment Act of 1967 will confirm that that Act authorizes such suits. The injunctive relief available in such suits will continue to be no broader than the injunctive relief that was available under that Act before the Kimel decision, and that is available to all other employees under that Act. SEC. 3. PURPOSES. The purposes of this Act are-- (1) to provide to State employees in programs or activities that receive or use Federal financial assistance the same rights and remedies for practices violating the Age Discrimination in Employment Act of 1967 as are available to other employees under that Act, and that were available to State employees prior to the Supreme Court's decision in Kimel v. Florida Board of Regents, 120 S. Ct. 631 (2000); (2) to provide that the receipt or use of Federal financial assistance for a program or activity constitutes a State waiver of sovereign immunity from suits by employees within that program or activity for violations of the Age Discrimination in Employment Act of 1967; and (3) to affirm that suits for injunctive relief are available against State officials in their official capacities for violations of the Age Discrimination in Employment Act of 1967. SEC. 4. REMEDIES FOR STATE EMPLOYEES. Section 7 of the Age Discrimination in Employment Act of 1967 (29 U.S.C. 626) is amended by adding at the end the following: ``(g)(1)(A) A State's receipt or use of Federal financial assistance for any program or activity of a State shall constitute a waiver of sovereign immunity, under the 11th amendment to the Constitution or otherwise, to a suit brought by an employee of that program or activity under this Act for equitable, legal, or other relief authorized under this Act. ``(B) In this paragraph, the term `program or activity' has the meaning given the term in section 309 of the Age Discrimination Act of 1975 (42 U.S.C. 6107). ``(2) An official of a State may be sued in the official capacity of the official by any employee who has complied with the procedures of subsections (d) and (e), for injunctive relief that is authorized under this Act. In such a suit the court may award to the prevailing party those costs authorized by section 722 of the Revised Statutes (42 U.S.C. 1988).''. SEC. 5. SEVERABILITY. If any provision of this Act, an amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be invalid, the remainder of this Act, the amendments made by this Act, and the application of such provision or amendment to another person or circumstance shall not be affected. SEC. 6. EFFECTIVE DATE. (a) Waiver of Sovereign Immunity.--With respect to a particular program or activity, section 7(g)(1) of the Age Discrimination in Employment Act of 1967 (29 U.S.C. 626(g)(1)) applies to conduct occurring on or after the day, after the date of enactment of this Act, on which a State first receives or uses Federal financial assistance for that program or activity. (b) Suits Against Officials.--Section 7(g)(2) of the Age Discrimination in Employment Act of 1967 (29 U.S.C. 626(g)(2)) applies to any suit pending on or after the date of enactment of this Act.

Summary: Older Workers' Rights Restoration Act of 2001 (sic) - Amends the Age Discrimination in Employment Act of 1967 to require States to waive their sovereign immunity to lawsuit for violations of such Act against State employees in programs or activities that receive Federal financial assistance.Allows such State employees to sue: (1) States for equitable, legal, or other authorized relief; and (2) State officials for injunctive relief, as authorized upon compliance with certain procedures, with the award of costs to the prevailing party.Applies such State waiver, following enactment of this Act, to conduct on or after the day the State first receives or uses Federal financial assistance for the program or activity. Applies this Act with respect to injunctive relief against a State official to any suit pending on or after enactment.