SECTION 1. ERISA PREEMPTION NOT TO APPLY TO CERTAIN STATE LAW CAUSES OF ACTION. (a) In General.--Section 514 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1144) is amended-- (1) by redesignating subsections (d) and (e) as subsection (e) and (f), respectively, and (2) by inserting after subsection (c) the following new subsection: ``(d) Preemption Not To Apply to Causes of Action Under State Law Involving Medically Reviewable Decision.-- ``(1) In general.--Except as provided in this subsection, nothing in this title (including section 502) shall be construed to supersede or otherwise alter, amend, modify, invalidate, or impair any cause of action under State law of a participant or beneficiary under a group health plan (or the estate of such a participant or beneficiary) against the plan, the plan sponsor, any health insurance issuer offering health insurance coverage in connection with the plan, or any managed care entity in connection with the plan to recover damages resulting from personal injury or for wrongful death if such cause of action arises by reason of a medically reviewable decision. ``(2) Definitions and related rules.--For purposes of this subsection-- ``(A) Medically reviewable decision.--The term `medically reviewable decision' means a denial of a claim for benefits under the plan. ``(B) Personal injury.--The term `personal injury' means a physical injury and includes an injury arising out of the treatment (or failure to treat) a mental illness or disease. ``(C) Claim for benefit.--The term `claim for benefits' means any request for coverage (including authorization of coverage), for eligibility, or for payment (or reimbursement for payment) in whole or in part, for an item or service under a group health plan or health insurance coverage. ``(D) Denial of claim for benefits.--The term `denial' means, with respect to a claim for benefits, a denial (in whole or in part) of, or a failure to act on a timely basis upon, the claim for benefits and includes a failure to provide benefits (including items and services) required to be provided under this title. ``(E) Managed care entity.-- ``(i) In general.--The term `managed care entity' means, in connection with a group health plan and subject to clause (ii), any entity that is involved in determining the manner in which or the extent to which items or services (or reimbursement therefor) are to be provided as benefits under the plan. ``(ii) Treatment of treating physicians, other treating health care professionals, and treating hospitals.--Such term does not include a treating physician or other treating health care professional of the participant or beneficiary and also does not include a treating hospital insofar as it is acting solely in the capacity of providing treatment or care to the participant or beneficiary. Nothing in the preceding sentence shall be construed to preempt vicarious liability of any plan, plan sponsor, health insurance issuer, or managed care entity. ``(3) Exclusion of employers and other plan sponsors.-- ``(A) Causes of action against employers and plan sponsors precluded.--Subject to subparagraph (B), paragraph (1) does not apply with respect to-- ``(i) any cause of action against an employer or other plan sponsor maintaining the plan (or against an employee of such an employer or sponsor acting within the scope of employment), or ``(ii) a right of recovery, indemnity, or contribution by a person against an employer or other plan sponsor (or such an employee) for damages assessed against the person pursuant to a cause of action to which paragraph (1) applies. ``(B) Certain causes of action permitted.-- Notwithstanding subparagraph (A), paragraph (1) applies with respect to any cause of action that is brought by a participant or beneficiary under a group health plan (or the estate of such a participant or beneficiary) to recover damages resulting from personal injury or for wrongful death against any employer or other plan sponsor maintaining the plan (or against an employee of such an employer or sponsor acting within the scope of employment) if such cause of action arises by reason of a medically reviewable decision, to the extent that there was direct participation by the employer or other plan sponsor (or employee) in the decision. ``(C) Direct participation.-- ``(i) Direct participation in decisions.-- For purposes of subparagraph (B), the term `direct participation' means, in connection with a decision described in subparagraph (B), the actual making of such decision or the actual exercise of control in making such decision or in the conduct constituting the failure. ``(ii) Rules of construction.--For purposes of clause (i), the employer or plan sponsor (or employee) shall not be construed to be engaged in direct participation because of any form of decisionmaking or other conduct that is merely collateral or precedent to the decision described in subparagraph (B) on a particular claim for benefits of a particular participant or beneficiary, including (but not limited to)-- ``(I) any participation by the employer or other plan sponsor (or employee) in the selection of the group health plan or health insurance coverage involved or the third party administrator or other agent; ``(II) any engagement by the employer or other plan sponsor (or employee) in any cost-benefit analysis undertaken in connection with the selection of, or continued maintenance of, the plan or coverage involved; ``(III) any participation by the employer or other plan sponsor (or employee) in the process of creating, continuing, modifying, or terminating the plan or any benefit under the plan, if such process was not substantially focused solely on the particular situation of the participant or beneficiary referred to in paragraph (1)(A); and ``(IV) any participation by the employer or other plan sponsor (or employee) in the design of any benefit under the plan, including the amount of copayment and limits connected with such benefit.''. (b) Conforming Amendment.--Section 502(b)(4) of such Act (29 U.S.C. 1132(b)(4)) is amended by striking ``514(e)(3)'' and inserting ``514(f)(3)''. (c) Effective Date.--The amendments made by this section shall apply to acts and omissions (from which a cause of action arises) occurring on or after the date of the enactment of this Act.

Summary: Amends the Employee Retirement Income Security Act of 1974 (ERISA) to preclude federal preemption of a cause of action brought under state law by a participant or beneficiary under a group health plan to recover damages resulting from personal injury or for wrongful death against the plan, the plan sponsor, any health insurance issuer offering health insurance coverage in connection with the plan, or any managed care entity in connection with the plan if such cause of action arises by reason of a medically reviewable decision denying a benefits claim. Allows such a cause of action under state law against any employer or other plan sponsor maintaining the plan (or against an employee of such an employer or sponsor acting within the scope of employment) to the extent that there was direct participation by the employer or other plan sponsor (or employee) in such decision. Declares that this waiver of federal preemption does not apply (that is, ERISA does supersede state law) with respect to: (1) any cause of action against an employer or other plan sponsor maintaining the plan (or against an employee of such an employer or sponsor acting within the scope of employment), except where the employer or plan sponsor (or employee) participated directly in the decision to deny the claim; or (2) a right of recovery, indemnity, or contribution by a person against an employer or other plan sponsor (or such an employee) for damages assessed against the person pursuant to a cause of action under state law allowed by this Act.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Woodrow Wilson Memorial Bridge Preservation Act''. SEC. 2. RESPONSIBILITY OF THE SECRETARY FOR THE WOODROW WILSON MEMORIAL BRIDGE. (a) Maintenance, Rehabilitation, and Expansion of Existing Bridge.--The Secretary of Transportation shall be solely responsible for the maintenance, rehabilitation, and expansion of the existing Woodrow Wilson Memorial Bridge over the Potomac River between the States of Virginia and Maryland until all conditions under section 5 are met. The Secretary shall consult with the Commonwealth of Virginia, the State of Maryland, and the District of Columbia from time to time on the operating, maintenance, and rehabilitation needs of the bridge. (b) Coordination of Agreement.--Sections 2(A), 2(B), and 2(C) of the agreement of April 19, 1985, between the Secretary of Transportation, the Commonwealth of Virginia, the State of Maryland, and the District of Columbia, related to the assignment of responsibility for the operation and maintenance of the bridge shall remain in effect. SEC. 3. ESTABLISHMENT OF FUND. (a) In General.--The contract authority, and associated obligational authority, provided by section 412 of the National Highway System Designation Act of 1995 (112 Stat. 159-160) and section 110 of title 23, United States Code, for the Woodrow Wilson Memorial Bridge shall be designated as the Woodrow Wilson Memorial Bridge Preservation Fund (in this section referred to as the ``Fund'') and shall be maintained as such within the Department of Transportation. (b) Uses of the Fund.--The Fund shall be available to the Secretary for the maintenance, rehabilitation, and expansion of the existing Woodrow Wilson Memorial Bridge for the purpose of keeping the bridge in a condition sufficient to facilitate interstate traffic in an efficient and safe manner. Amounts in the Fund shall only be available for those portions of the bridge that are owned by the Federal Government. (c) Replenishment of the Fund.--Before October 1 of each fiscal year, the Secretary shall estimate the balance in the Fund for such fiscal year. If the balance is projected to be below $50,000,000, the Secretary shall deduct from apportionments made to the Commonwealth of Virginia and the State of Maryland under section 104 of title 23, United States Code, sufficient contract authority and obligation authority to restore the projected Fund balance to $50,000,000. The obligation authority deducted shall be available until expended. (d) Annual Report.--The Secretary shall prepare and transmit to Congress an annual report on the condition of the bridge. SEC. 4. TRANSPORTATION PLAN. (a) Development.--The Secretary of Transportation, the Commonwealth of Virginia, the State of Maryland, and the District of Columbia shall develop a transportation plan for the Capital Beltway corridor (Interstate Route 495) served by the Woodrow Wilson Memorial Bridge project. The plan shall establish what level of high occupancy vehicle lanes and transit service should be provided in the corridor and how such service should be accommodated on a replacement bridge. (b) Consultation.--The plan shall be developed in consultation with appropriate local jurisdictions and metropolitan planning organizations. (c) Funding.--The cost of developing the plan may be paid from the Woodrow Wilson Memorial Bridge Preservation Fund. SEC. 5. CONSTRUCTION OF REPLACEMENT BRIDGE. (a) In General.--Upon certification to Congress by the Secretary of Transportation that all of the following conditions have been met, the balance in the Woodrow Wilson Memorial Bridge Preservation Fund shall be available for the construction of a replacement for the existing Woodrow Wilson Memorial Bridge: (1) The transportation plan required under section 4 has been completed and approved by the Secretary, the Governors of Virginia and Maryland, and the mayor of the District of Columbia. (2) Title to the existing bridge has been transferred from the Federal Government to the Commonwealth of Virginia or the State of Maryland, or both. (3) The Commonwealth of Virginia and the State of Maryland have developed a finance plan to pay for all costs of the replacement bridge project in excess of the current Federal payment provided by the Transportation Equity Act for the 21st Century and have signed an agreement with the Secretary to pay for all cost overruns to the finance plan. The plan shall give priority to the use of such Federal payment for the bridge component of the project. (b) Waiver Authority.--In developing a replacement bridge and its approaches under subsection (a), the Secretary upon petition by the States of Virginia and Maryland, may waive any requirement of title 23, United States Code, other than sections 113 and 138 of such title, that the States have determined to cause unreasonable increases in the cost of the project. SEC. 6. SENSE OF THE CONGRESS. It is the sense of Congress that-- (1) the $900,000,000 Federal payment in the Transportation Equity Act for the 21st Century to replace the Woodrow Wilson Memorial Bridge is the final Federal contribution for that project; (2) any of the Federal payment remaining after completion of the replacement bridge shall be available to pay for costs associated with construction of approaches to the bridge; and (3) all project costs not associated with the bridge component are the responsibility of the Commonwealth of Virginia and the State of Maryland as was the case with the construction of the existing bridge. SEC. 7. CONFORMING AMENDMENTS. Section 412 of the National Highway System Designation Act of 1995 (112 Stat. 159-160) is amended-- (1) in subsection (a)(1) by striking ``of planning'' and all that follows through the period at the end of such subsection and inserting ``of maintenance and rehabilitation by the Secretary of the existing Woodrow Wilson Memorial Bridge.''; and (2) by striking subsection (c). SEC. 8. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect September 30, 2000, and shall apply to fiscal years beginning after such date.

Summary: Designates certain contract and associated obligational authorities for the bridge as the Woodrow Wilson Memorial Bridge Preservation Fund which shall be maintained within the Department of Transportation. Requires that such Fund be available to the Secretary for the maintenance, rehabilitation, and expansion of the bridge for keeping it in a condition sufficient to facilitate interstate traffic in an efficient and safe manner. Provides for amounts in the Fund only to be available for those portions of the bridge that are owned by the Federal Government. Sets forth a rule for the replenishment of the Fund. Requires the Secretary to prepare and transmit to Congress an annual report on the bridge's condition. Directs the Secretary, Virginia, Maryland, and the District of Columbia to develop a transportation plan for the Capital Beltway corridor (Interstate Route 495) served by the Woodrow Wilson Memorial Bridge project. Requires that the plan establish what level of high occupancy vehicle lanes and transit service should be provided in the corridor and how such service should be accommodated on a replacement bridge. Permits the cost of developing the plan to be paid from the Fund. Requires the balance in the Fund to be available for the construction of a replacement bridge upon certification to Congress by the Secretary that all of the following conditions have been met: (1) the transportation plan has been completed and approved by the Secretary, the Governors of Virginia and Maryland, and the mayor of the District of Columbia; (2) title to the existing bridge has been transferred from the Federal Government to Virginia, Maryland, or both; and (3) Virginia and Maryland have developed a finance plan to pay for all costs of the replacement bridge project in excess of the current Federal payment and have signed an agreement with the Secretary to pay for all cost overruns to the plan (requires the plan to give priority to the use of such Federal payment for the bridge component). Allows the Secretary, in developing a replacement bridge and its approaches, upon petition by the States of Virginia and Maryland, to waive any Federal highways requirement (with exceptions) that the States have determined to cause unreasonable increases in the cost of the project. Expresses the sense of the Congress that: (1) the $900 million Federal payment to replace the bridge is the final Federal contribution for that project; (2) any of the Federal payment remaining after completion of the replacement bridge shall be available to pay for costs associated with construction of approaches to it; and (3) all project costs not associated with the bridge component are the responsibility of the Commonwealth of Virginia and the State of Maryland.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Spectrum Relocation Improvement Act of 2008''. SEC. 2. RIGHTS AND RESPONSIBILITIES OF FEDERAL ENTITIES IN THE SPECTRUM RELOCATION PROCESS. (a) Eligible Federal Entities.--Section 113(g)(1) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 923(g)(1)) is amended to read as follows: ``(1) Eligible federal entities.--Any Federal entity, as defined in subsection (i), that operates a Federal Government station assigned to a band of eligible frequencies, as described in paragraph (2), and that incurs relocation costs because of the reallocation of frequencies from Federal use to non-Federal use shall receive payment for such costs from the Spectrum Relocation Fund if the Federal entity is found by the Office of Management and Budget (`OMB') to comply with the requirements of this section and section 118. For purposes of this paragraph, Federal power agencies exempted under subsection (c)(4) that choose to relocate from the frequencies identified for reallocation pursuant to subsection (a) are eligible to receive payment under this paragraph.''. (b) Public Information on Relocation Process.--Section 113(g) of such Act (47 U.S.C. 923(g)) is amended by redesignating paragraph (6) as paragraph (7) and by inserting after paragraph (5) the following new paragraph: ``(6) Public notice of relocation plans.-- ``(A) Not later than 60 days after the date on which the NTIA, on behalf of eligible Federal entities and after review by OMB, notifies the Commission of estimated relocation costs and timelines for such relocation as required by subsection (g)(4)(A), NTIA shall post on its website detailed transition plans from each of the eligible Federal entities. Each Federal entity's transition plan shall provide the public with the following information about its spectrum relocation requirements: ``(i) Current use of the spectrum. ``(ii) Geographic location of the Federal entities' facilities or systems. ``(iii) Frequency bands used by such facilities or systems, described by geographic location. ``(iv) The steps to be taken by the Federal entity to relocate its current spectrum uses from the eligible frequencies, detailed according to timelines for specific geographic locations in sufficient detail to indicate when use of such frequencies at specific locations will be shared between the Federal entity and the commercial licensee. ``(v) The specific interactions between eligible Federal entities and NTIA needed to implement the transition plan. ``(vi) The professional staff, including managers, who are responsible for the Federal entity's relocation efforts and who are authorized to meet and negotiate with commercial licensees regarding the relocation process. ``(vii) The Federal entity's plans and timeline for using relocation funds received from the Spectrum Relocation Fund. ``(viii) The Federal entity's plans and timeline for procuring new equipment and additional personnel needed for the relocation. ``(ix) The Federal entity's plans and timeline for field-testing and deploying new equipment needed in the relocation. ``(x) The Federal entity's plans and timeline for hiring and relying on contract personnel, if any. ``(xi) Risk factors in the relocation process that could affect the Federal entity's fulfillment of its transition plan. ``(B) To be eligible to receive payment for relocation costs from the Spectrum Relocation Fund-- ``(i) Federal entities shall make the transition plans described in this subsection available to NTIA at least 60 days prior to the date that NTIA must make such plans publicly available on its website pursuant to subparagraph (A), in a common format to be specified by NTIA after public input; and ``(ii) each transition plan shall be evaluated by a standing 3-member technical panel (in this section referred to as the `Technical Panel'), which shall report to NTIA and to the Federal entity, within 30 days after the plan's submission to NTIA, on the sufficiency of the plan under this paragraph, including whether the required public information is included and whether proposed timelines and estimated relocation costs are reasonable. ``(C) The Director of OMB, the Administrator of NTIA, and the Chairman of the FCC shall each appoint one member to the Technical Panel, and each such member shall be a radio engineer or technical expert not employed by, or a paid consultant to, any Federal or State governmental agency. NTIA shall adopt regulations to govern the workings of the Technical Panel after public notice and comment, subject to OMB approval, and the members of the Technical Panel shall be appointed, within 180 days of the date of enactment of the Spectrum Relocation Improvement Act of 2008. ``(D) If any of the information otherwise required in subparagraph (g)(6) is `classified information,' as that term is defined in section 798(b) of title 18, United States Code, the Federal entity's transition plan shall explain the exclusion of any such information as specifically as possible, shall make all relevant non-classified information available in its transition plan, and shall discuss as a risk factor the extent of the classified information and the effect on the relocation process of the classified information.''. (c) Sharing and Coordination of Spectrum Between Commercial Licensees and Federal Entities During Relocation Transition.--Section 118 of such Act (47 U.S.C. 928) is amended by adding at the end the following new subsections: ``(f) Eligibility for Payment of Relocation Costs.-- ``(1) Spectrum sharing.--To be eligible to receive payment for relocation costs from the Spectrum Relocation Fund, a Federal entity must-- ``(A) in its transition plan for relocating its current spectrum uses, provide, to the fullest extent possible, for sharing and coordination of eligible frequencies with commercial licensees, including reasonable accommodation by the Federal entity for the use of eligible frequencies by the commercial licensee during the period that the Federal entity is relocating its spectrum uses (in this subsection referred to as the `transition period'); ``(B) during the transition period, make itself available, within 30 days after a written request, for negotiation and discussion with commercial licensees; and ``(C) during the transition period, make available to a commercial licensee with appropriate security clearances any `classified information' as that term is defined in section 798(b) of title 18, United States Code, regarding the relocation process, on a need-to- know basis, to assist the commercial licensee in the relocation process with that Federal entity or other Federal entities. ``(2) Timely and successful completion of relocation.--In addition to the conditions of paragraph (1), to be eligible to receive payment for relocation costs from the Spectrum Relocation Fund, a Federal entity must-- ``(A) complete the relocation of its current spectrum uses not later than 1 year after the date upon which funds are transferred to the entity to fund the relocation unless, prior to the date that NTIA is required to post publicly the Federal entity's transition plan, the Federal entity receives written approval from OMB, with advice of NTIA, for a different time period for completion; and ``(B) make available to NTIA, not later than 15 days prior to the date that is the halfway point of the time period described in subparagraph (A), a complete update of its transition plan. NTIA shall post such update publicly on its website not later than the date that is the halfway point of the time period described in subparagraph (A). ``(3) Nothing in paragraphs (1) or (2) shall be construed to adversely affect critical communications related to the mission of any Federal entity. ``(4) Subject to subsection (d), payments for relocation costs from the Spectrum Relocation Fund shall be made to an eligible Federal entity not later than 30 days after the grant of the first license following the close of the auction. ``(g) Dispute Resolution Process.-- ``(1) If, during the spectrum relocation process, a dispute arises over the execution, timing, or cost of the Federal entity's transition plan, either the Federal entity or the affected commercial licensee may seek resolution of the dispute from a 3-member dispute resolution board, consisting of a representative of OMB, NTIA, and the Commission, and chaired by the representative of OMB. ``(2) The dispute resolution board shall meet with representatives of the Federal entity and the commercial licensee together to discuss the dispute. The dispute resolution board may require the parties to make written submissions to it. The dispute resolution board shall rule on any dispute within 28 days after the date that the dispute was brought before it. ``(3) The dispute resolution board shall be assisted by the Technical Panel described in section 113(g)(6)(C). ``(4) Subject to OMB approval, NTIA shall adopt regulations to govern the working of the dispute resolution board and the role of the Technical Panel after public notice and comment within 180 days after the date of enactment of the Spectrum Relocation Improvement Act of 2008. ``(5) Appeals may be taken from decisions of the dispute resolution board to the United States Court of Appeals for the District of Columbia Circuit by filing a notice of appeal with that court within 30 days after the date of such decision. Each party shall bear its own costs and expenses, including attorneys' fees, for any litigation to enforce this subsection or any decision rendered under it.''.

Summary: Spectrum Relocation Improvement Act of 2008 - Amends the National Telecommunications and Information Administration Organization Act to require the National Telecommunications and Information Administration (NTIA) to post on its website detailed transition plans from each federal entity that is eligible for payments from the Spectrum Relocation Fund for costs related to the reallocation of frequencies from federal to nonfederal use. Requires the federal entities, to the fullest extent possible, to provide for sharing and coordination of eligible frequencies with commercial licensees. Requires federal entities to complete spectrum relocation within one year of receiving relocation payments.


SECTION 1. FINDINGS. Congress finds the following: (1) Armed conflicts in the Middle East have created refugee populations numbering in the millions and comprised of peoples from many ethnic, religious, and national backgrounds. (2) Jews have lived mostly as a minority in the Middle East, North Africa, and the Persian Gulf region for more than 2,500 years. (3) The United States has long voiced its concern about the mistreatment of minorities and the violation of human rights in the Middle East and elsewhere. (4) The United States continues to play a pivotal role in seeking an end to the Arab-Israeli conflict in the Middle East and to promoting a peace that will benefit all the peoples of the region. (5) United States administrations historically have called for a just solution to the Palestinian refugee problem. (6) The Palestinian refugee issue has received considerable attention from countries of the world while the issue of Jewish refugees from the Arab and Muslim worlds has received very little attention. (7) A comprehensive peace in the region will require the resolution of all outstanding issues through bilateral and multilateral negotiations involving all concerned parties. (8) Approximately 850,000 Jews were displaced from Arab countries since the declaration of the State of Israel in 1948. (9) The United States has demonstrated interest and concern about the mistreatment, violation of rights, forced expulsion, and expropriation of assets of minority populations in general, and, in particular, former Jewish refugees displaced from Arab countries as evidenced, inter alia, by-- (A) the Memorandum of Understanding signed by President Jimmy Carter and Israeli Foreign Minister Moshe Dayan on October 4, 1977, which states that ``[a] solution of the problem of Arab refugees and Jewish refugees will be discussed in accordance with rules which should be agreed''; (B) after negotiating the Camp David Accords, the Framework for Peace in the Middle East, the statement by President Jimmy Carter in a press conference on October 27, 1977, that ``Palestinians have rights . . . obviously there are Jewish refugees . . . they have the same rights as others do''; and (C) in an interview after Camp David II in July 2000, at which the issue of Jewish refugees displaced from Arab lands was discussed, the statement by President Clinton that ``There will have to be some sort of international fund set up for the refugees. There is, I think, some interest, interestingly enough, on both sides, in also having a fund which compensates the Israelis who were made refugees by the war, which occurred after the birth of the State of Israel. Israel is full of people, Jewish people, who lived in predominantly Arab countries who came to Israel because they were made refugees in their own land.''. (10) On April 1, 2008, the House of Representatives passed House Resolution 185, expressing the sense of the House of Representatives that-- (A) for any comprehensive Middle East peace agreement to be credible and enduring, the agreement must address and resolve all outstanding issues relating to the legitimate rights of all refugees, including Jews, Christians, and other populations, displaced from countries in the Middle East; and (B) the President should instruct the United States Representative to the United Nations and all United States representatives in bilateral and multilateral fora to-- (i) use the voice, vote, and influence of the United States to ensure that any resolutions relating to the issue of Middle East refugees, and which include a reference to the required resolution of the Palestinian refugee issue, must also include a similarly explicit reference to the resolution of the issue of Jewish refugees from Arab countries; and (ii) make clear that the United States Government supports the position that, as an integral part of any comprehensive Arab-Israeli peace, the issue of refugees from the Middle East, North Africa, and the Persian Gulf must be resolved in a manner that includes recognition of the legitimate rights of and losses incurred by all refugees displaced from Arab countries, including Jews, Christians, and other groups. (11) The international definition of a refugee clearly applies to Jews who fled the persecution of Arab regimes, where a refugee is a person who ``owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group, or political opinion, is outside the country of his nationality, and is unable to or, owing to such fear, is unwilling to avail himself of the protection of that country'' (the 1951 Convention relating to the Status of Refugees). (12) On January 29, 1957, the United Nations High Commissioner for Refugees (UNHCR), determined that Jews fleeing from Arab countries were refugees who fell within the mandate of the UNHCR. (13) Subsequently, in a second UNHCR declaration, Dr. E. Jahn of the Office of the United Nations High Commissioner stated, on July 6, 1967: ``I refer to our recent discussion concerning Jews from Middle Eastern and North African countries in consequence of recent events. I am now able to inform you that such persons may be considered prima facie within the mandate of this Office.''. (14) United Nations Security Council Resolution 242 of November 22, 1967, calls for a ``just settlement of the refugee problem'' without distinction between Palestinian and Jewish refugees, and this is evidenced by the following: (A) On November 16, 1967, the United Kingdom submitted a draft of Resolution 242 (S/8247) to the United Nations Security Council. This United Kingdom draft called for a just settlement of ``the refugee problem''. The Soviet Union submitted its own draft of Resolution 242 (S/8253) to the United Nations Security Council four days later which restricted the just settlement to only ``Palestinian refugees''. (B) On November 22, 1967, the United Nations Security Council unanimously approved the draft of Resolution 242 advanced by the United Kingdom. It thus rejected the limitation proposed by the Soviet Union and accepted the broader notion of a ``just settlement of the refugee problem'' arising out of the Middle East conflict to include Palestinian and Jewish refugees. (C) Justice Arthur Goldberg, the United States Chief Delegate to the United Nations at that time, who was instrumental in drafting the unanimously adopted Resolution 242, pointed out that ``The Resolution addresses the objective of `achieving a just settlement of the refugee problem'. This language presumably refers both to Arab and Jewish refugees, for about an equal number of each abandoned their homes as a result of the several wars.''. (15) In his opening remarks before the January 28, 1992, organizational meeting for multilateral negotiations on the Middle East in Moscow, United States Secretary of State James Baker made no distinction between Palestinian refugees and Jewish refugees in articulating the mission of the Refugee Working Group, stating that ``[t]he refugee group will consider practical ways of improving the lot of people throughout the region who have been displaced from their homes''. (16) The Roadmap to a Permanent Two-State Solution to the Israeli-Palestinian Conflict, which refers in Phase III to an ``agreed, just, fair, and realistic solution to the refugee issue'', uses language that is equally applicable to all persons displaced as a result of the conflict in the Middle East. (17) Israel's agreements with Egypt, Jordan, and the Palestinians have affirmed that a comprehensive solution to the Arab-Israeli conflict will require a just solution to the plight of all refugees. (18) Israel's long-standing position in support of the rights and claims of Jewish refugees from Arab countries and Iran is well-established: (A) On September 28, 1969, Israel adopted Government Decision number 34, in which it set up a special, temporary department in the Ministry of Justice to gather facts and evidence regarding property expropriated and persecution perpetrated on Jews in Egypt, Iraq, Syria, and Yemen. (B) On March 3, 2002, Israel adopted Government Decision number 1544, in which it reaffirmed Government Decision number 34 and expanded it to include Jews who left all Arab countries and Iran. (C) On December 28, 2003, Israel adopted Government Decision number 1250, in which it reaffirmed Government Decisions number 34 and 1544 and directed the Department for the Rights of Jews from Arab Countries in the Ministry of Justice to continue collecting information on property expropriated and persecution perpetrated on Jews in Arab countries, create a centralized database of this information, and publish this information to encourage parties to come forward. (19) Recently, in February 2010, the Israeli Knesset adopted a law preserving the rights for compensation for Jewish refugees who originated from Arab countries and Iran. According to this law, the Israeli government and its prime minister are instructed to raise the issue of compensation for private and communal property during negotiations. (20) The initiative to secure rights and redress for Jews who were forced to flee Arab countries does not conflict with the right of Palestinian refugees to claim redress. (21) All countries should be aware of the plight of Jews and other minority groups displaced from countries in the Middle East, North Africa, and the Persian Gulf. (22) An international campaign has been proceeding in some 20 countries to record the history and legacy of Jewish refugees from Arab countries. (23) A just, comprehensive Arab-Israeli peace cannot be reached without addressing the uprooting of centuries-old Jewish communities in the Middle East, North Africa, and the Persian Gulf. (24) It would be inappropriate and unjust for the United States to recognize rights for Palestinian refugees without recognizing equal rights for Jewish refugees from Arab countries. SEC. 2. REPORT. Not later than 1 year after the date of the enactment of this Act, and every two years thereafter, the President shall submit to Congress a report on the following: (1) Actions the executive branch has taken to fulfill the sense of the House of Representatives, as contained in paragraph (2) of the first section of House Resolution 185 (as passed the House of Representatives on April 1, 2008) and described in section 1(10)(B) of this Act. (2) Actions the executive branch has taken to use the voice, vote, and influence of the United States to ensure that any statements that include a reference to the required resolution of the Palestinian refugee issue by the Quartet on the Middle East, which includes the United Nations, the United States, the European Union, and Russia, must also include a similarly explicit reference to the resolution of the issue of Jewish refugees from Arab countries. (3) Assistance the United States has provided to Israel to help it accomplish its goal that the interests of Jews displaced from Arab countries are considered in any final settlement of the Middle East refugee question that is part of any comprehensive Arab-Israeli peace. (4) Recommended actions that would ensure that the interests of all refugees displaced from Arab countries, including Jews, Christians, and other groups, are considered in any final settlement of the Middle East refugee question that is part of any comprehensive Arab-Israeli peace.

Summary: Directs the President to report to Congress every two years regarding executive branch actions taken to ensure that the interests of all refugees displaced from Arab countries, including Jews, Christians, and other groups, are considered in any final settlement of the Middle East refugee question that is part of any comprehensive Arab-Israeli peace.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Higher Education Family Opportunity Act of 1998''. SEC. 2. DEDUCTION FOR POSTSECONDARY TUITION AND RELATED EXPENSES IN LIEU OF HOPE AND LIFETIME LEARNING CREDIT. (a) In General.--Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to additional itemized deductions for individuals) is amended by redesignating section 222 as section 223 and by inserting after section 221 the following new section: ``SEC. 222. DEDUCTION FOR POSTSECONDARY TUITION AND RELATED EXPENSES IN LIEU OF HOPE AND LIFETIME LEARNING CREDIT. ``(a) Allowance of Deduction.--In the case of an individual, there shall be allowed as a deduction for the taxable year an amount equal to the qualified tuition and related expenses paid or incurred by such individual. ``(b) Limitation.-- ``(1) In general.--The amount allowable as a deduction under subsection (a) for a taxable year shall not exceed the deductible limit for each eligible student. ``(2) Deductible limit.--For purposes of paragraph (1), the deductible limit for a taxable year shall be determined in accordance with the following table: ``Taxable years beginning in calendar year: Deductible limit: 1999................................................... $5,000 2000................................................... $5,500 2001................................................... $6,000 2002................................................... $6,500 2003................................................... $7,000 2004................................................... $7,500 2005................................................... $8,000 2006................................................... $8,500 2007................................................... $9,000 2008................................................... $9,500 2009 and thereafter....................................$10,000. ``(c) Qualified Tuition and Related Expenses; Eligible Student.-- The terms `qualified tuition and related expenses' and `eligible student' shall have the same meanings given to such terms by section 25A. ``(d) Applicable Rules.--For purposes of this section, rules similar to the rules of section 25A(g) shall apply.''. (b) Deduction Not a Miscellaneous Itemized Deduction.--Subsection (b) of section 67 of such Code (relating to miscellaneous itemized deductions) is amended by striking ``and'' at the end of paragraph (11), by striking the period at the end of paragraph (12) and inserting ``, and'', and by adding at the end the following new paragraph: ``(13) the deduction under section 222 (relating to deduction for postsecondary tuition and related expenses in lieu of Hope and Lifetime Learning credit).''. (c) Conforming Amendments.-- (1) Subparagraph (B) of section 72(t)(7) of such Code is amended by inserting ``or 222(e)(2), as the case may be'' after ``section 25A(g)(2)''. (2) Paragraph (2) of section 135(d) of such Code is amended by inserting ``or 222, as the case may be,'' after ``section 25A''. (3) Paragraph (2) of section 221(e) of such Code is amended by striking ``and'' after subparagraph (A), by striking the period at the end of subparagraph (B) and inserting ``, and'', and by inserting after subparagraph (B) the following new subparagraph: ``(C) the amount allowed as a deduction under section 222.''. (4) Paragraph (2) of section 6213(g) of such Code is amended-- (A) by striking ``and'' at the end of subparagraph (J) (as added by section 201(b) of the Taxpayer Relief Act of 1997), (B) by redesignating subparagraph (J) (as added by section 1085(a)(3) of the Taxpayer Relief Act of 1997) as subparagraph (K) and by striking the period at the end of such subparagraph and inserting ``, and'', and (C) by adding at the end the following new subparagraph: ``(L) an omission of a correct TIN required under section 222(e)(1) (relating to higher education tuition and related expenses) to be included on a return.''. (d) Clerical Amendment.--The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by striking the last item and inserting the following new items: ``Sec. 222. Deduction for postsecondary tuition and related expenses in lieu of Hope and Lifetime Learning credit. ``Sec. 223. Cross reference.''. (e) Effective Date.--The amendments made by this section shall apply to expenses paid or incurred after December 31, 1998, for education furnished in academic periods beginning after such date.

Summary: Higher Education Family Opportunity Act of 1998 - Amends the Internal Revenue Code to permit a deduction for qualified tuition and related expenses in lieu of the Hope and Lifetime Learning credits. Sets the deductible limit at $5,000 for 1999 and increases such limit by $500 annually until it reaches $10,000 for years 2009 and thereafter.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Manhattan Project National Historical Park Act''. SEC. 2. FINDINGS. Congress finds that-- (1) the Manhattan Project was an unprecedented top-secret program implemented during World War II to produce an atomic bomb before Nazi Germany; (2) a panel of experts convened by the President's Advisory Council on Historic Preservation in 2001-- (A) stated that ``the development and use of the atomic bomb during World War II has been called `the single most significant event of the 20th century'''; and (B) recommended that nationally significant sites associated with the Manhattan Project be formally established as a collective unit and be administered for preservation, commemoration, and public interpretation in cooperation with the National Park Service; (3) the Manhattan Project National Historical Park Study Act (Public Law 108-340; 118 Stat. 1362) directed the Secretary of the Interior, in consultation with the Secretary of Energy, to conduct a special resource study of the historically significant sites associated with the Manhattan Project to assess the national significance, suitability, and feasibility of designating 1 or more sites as a unit of the National Park System; (4) after significant public input, the National Park Service study found that ``including Manhattan Project-related sites in the national park system will expand and enhance the protection and preservation of such resources and provide for comprehensive interpretation and public understanding of this nationally significant story in the 20th century American history''; (5) the Department of the Interior, with the concurrence of the Department of Energy, recommended the establishment of a Manhattan Project National Historical Park comprised of resources at-- (A) Oak Ridge, Tennessee; (B) Los Alamos, New Mexico; and (C) Hanford, in the Tri-Cities area, Washington; and (6) designation of a Manhattan Project National Historical Park as a unit of the National Park System would improve the preservation of, interpretation of, and access to the nationally significant historic resources associated with the Manhattan Project for present and future generations to gain a better understanding of the Manhattan Project, including the significant, far-reaching, and complex legacy of the Manhattan Project. SEC. 3. PURPOSES. The purposes of this Act are-- (1) to preserve and protect for the benefit of present and future generations the nationally significant historic resources associated with the Manhattan Project; (2) to improve public understanding of the Manhattan Project and the legacy of the Manhattan Project through interpretation of the historic resources associated with the Manhattan Project; (3) to enhance public access to the Historical Park, consistent with protection of public safety, national security, and other aspects of the mission of the Department of Energy; and (4) to assist the Department of Energy, Historical Park communities, historical societies, and other interested organizations and individuals in efforts to preserve and protect the historically significant resources associated with the Manhattan Project. SEC. 4. DEFINITIONS. In this Act: (1) Historical park.--The term ``Historical Park'' means the Manhattan Project National Historical Park established under section 5. (2) Manhattan project.--The term ``Manhattan Project'' means the Federal program to develop an atomic bomb ending on December 31, 1946. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 5. ESTABLISHMENT OF MANHATTAN PROJECT NATIONAL HISTORICAL PARK. (a) Establishment.--Not later than 1 year after the date of enactment of this Act, there shall be established as a unit of the National Park System the Manhattan Project National Historical Park. (b) Eligible Areas.--The Historical Park may be comprised of 1 or more of the following areas or portions of the areas: (1) Oak ridge, tennessee.--Facilities, land, or interests in land that are-- (A) at Buildings 9204-3 and 9731 at the Y-12 National Security Complex; (B) at the X-10 Graphite Reactor at the Oak Ridge National Laboratory; (C) at the K-25 Building site at the East Tennessee Technology Park; and (D) at the former Guest House located at 210 East Madison Road. (2) Los alamos, new mexico.--Facilities, land, or interests in land that are-- (A) in the Los Alamos Scientific Laboratory National Historic Landmark District or any addition to the Landmark District proposed in the National Historic Landmark Nomination--Los Alamos Scientific Laboratory (LASL) NHL District (Working Draft of NHL Revision), Los Alamos National Laboratory document LA-UR 12-00387 (January 26, 2012); (B) at the former East Cafeteria located at 1670 Nectar Street; and (C) at the former dormitory located at 1725 17th Street. (3) Hanford, washington.--Facilities, land, or interests in land that are-- (A) in the B Reactor National Historic Landmark; (B) at the Hanford High School in the town of Hanford and Hanford Construction Camp Historic District; (C) at the White Bluffs Bank building in the White Bluffs Historic District; (D) at the warehouse in the Bruggemann's Agricultural Complex; (E) at the Hanford Irrigation District Pump House; and (F) at the T Plant (221-T Process Building). SEC. 6. AGREEMENT. (a) In General.--Not later than 1 year after the date of enactment of this Act, the Secretary and the Secretary of Energy (acting through the Oak Ridge, Richland, and Los Alamos site offices) shall enter into an agreement governing the respective roles of the Secretary and the Secretary of Energy in administering the facilities, land, or interests in land under the administrative jurisdiction of the Department of Energy that is to be included in the Historical Park, including provisions for public access, management, interpretation, and historic preservation. (b) Responsibilities of the Secretary.--Any agreement under subsection (a) shall provide that the Secretary shall-- (1) have decisionmaking authority for the content of historic interpretation of the Manhattan Project for purposes of administering the Historical Park; and (2) ensure that the agreement provides an appropriate role for the National Park Service in preserving the historic resources covered by the agreement. (c) Responsibilities of the Secretary of Energy.--Any agreement under subsection (a) shall provide that the Secretary of Energy-- (1) shall ensure that the agreement appropriately protects public safety, national security, and other aspects of the ongoing mission of the Department of Energy at the Los Alamos National Laboratory, Hanford Site, and Oak Ridge Reservation; (2) may consult with and provide historical information to the Secretary concerning the Manhattan Project; and (3) shall retain responsibility, in accordance with applicable law, for any environmental remediation and structural safety that may be necessary in or around the facilities, land, or interests in land governed by the agreement. (d) Amendments.--The agreement under subsection (a) may be amended, including to add to the Historical Park facilities, land, or interests in land described in section 5(b) that are under the jurisdiction of the Secretary of Energy. SEC. 7. PUBLIC PARTICIPATION. (a) In General.--The Secretary shall consult with interested State, county, and local officials, organizations, and interested members of the public-- (1) before executing any agreement under section 6; and (2) in the development of the general management plan under section 8(b). (b) Notice of Determination.--Not later than 30 days after the date on which an agreement under section 6 is executed, the Secretary shall publish in the Federal Register notice of the establishment of the Historical Park, including an official boundary map. (c) Availability of Map.--The official boundary map published under subsection (b) shall be on file and available for public inspection in the appropriate offices of the National Park Service. (d) Additions.--Any land, interest in land, or facility within the eligible areas described in section 5(b) that is acquired by the Secretary or included in an amendment to the agreement under section 6(d) shall be added to the Historical Park. SEC. 8. ADMINISTRATION. (a) In General.--The Secretary shall administer the Historical Park in accordance with-- (1) this Act; and (2) the laws generally applicable to units of the National Park System, including-- (A) the National Park System Organic Act (16 U.S.C. 1 et seq.); and (B) the Act of August 21, 1935 (16 U.S.C. 461 et seq.). (b) General Management Plan.--Not later than 3 years after the date on which funds are made available to carry out this section, the Secretary, in consultation with the Secretary of Energy, shall complete a general management plan for the Historical Park in accordance with section 12(b) of Public Law 91-383 (commonly known as the ``National Park Service General Authorities Act'') (16 U.S.C. 1a-7(b)). (c) Interpretive Tours.--The Secretary may, subject to applicable law, provide interpretive tours of historically significant Manhattan Project sites and resources in the States of Tennessee, New Mexico, and Washington that are located outside the boundary of the Historical Park. (d) Land Acquisition.-- (1) In general.--The Secretary may acquire land and interests in land within the eligible areas described in section 5(b) by-- (A) transfer of administrative jurisdiction from the Department of Energy by agreement between the Secretary and the Secretary of Energy; or (B) purchase from willing sellers, donation, or exchange. (2) Facilities.--The Secretary may acquire land or interests in land in the vicinity of Historical Park for visitor and administrative facilities. (e) Donations; Cooperative Agreements.-- (1) Federal facilities.-- (A) In general.--The Secretary may enter into 1 or more agreements with the head of a Federal agency to provide public access to, and management, interpretation, and historic preservation of, historically significant Manhattan Project resources under the jurisdiction or control of the Federal agency. (B) Donations; cooperative agreements.--The Secretary may accept donations from, and enter into cooperative agreements with, State governments, units of local government, tribal governments, organizations, or individuals to further the purpose of an interagency agreement entered into under subparagraph (A). (2) Technical assistance.--The Secretary may provide technical assistance to State, local, or tribal governments, organizations, or individuals for the management, interpretation, and historic preservation of historically significant Manhattan Project resources not included within the Historical Park. (3) Donations to department of energy.--Part C of title VI of the Department of Energy Organization Act (42 U.S.C. 7251 et seq.) is amended by adding at the end the following: ``SEC. 664. ACCEPTANCE OF GIFTS, BEQUESTS, AND DEVISES. ``The Secretary may accept, hold, administer, and use gifts, bequests, and devises (including labor and services), for the purpose of preserving and providing access to, historically significant resources relating to the Department.''.

Summary: Manhattan Project National Historical Park Act - Establishes the Manhattan Project National Historical Park as a unit of the National Park System, which may be composed of specified facilities, lands, or interests in one or more eligible areas or parts of such areas in Oak Ridge, Tennessee; Los Alamos, New Mexico; and Hanford, Washington. Directs the Secretary of the Interior (the Secretary) and the Secretary of Energy (DOE) to enter into an agreement to govern their respective roles in administering the facilities, lands, or interests in land under the DOE's jurisdiction to be included in the Park. Adds to the Park lands, interests in land, or facilities within the eligible areas which are acquired by the Secretary or are included in an amendment to the agreement. Requires the Secretary to develop a general management plan for the Park. Authorizes the Secretary to: (1) provide interpretive tours of historically significant Manhattan Project sites and resources in Tennessee, New Mexico, and Washington state that are located outside the boundary of the Park; and (2) enter into one or more agreements with the head of a federal agency to provide public access to, and management, interpretation, and historic preservation of, historically significant Project resources under the agency's control.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Centennial Monetary Commission Act of 2013''. SEC. 2. FINDINGS. Congress finds the following: (1) The Constitution endows Congress with the power ``to coin money, regulate the value thereof''. (2) Following the financial crisis known as the Panic of 1907, Congress established the National Monetary Commission to provide recommendations for the reform of the financial and monetary systems of the United States. (3) Incorporating several of the recommendations of the National Monetary Commission, Congress created the Federal Reserve System in 1913. As currently organized, the Federal Reserve System consists of the Board of Governors in Washington, District of Columbia, and the Federal Reserve Banks organized into 12 districts around the United States. The stockholders of the 12 Federal Reserve Banks include national and certain state-chartered commercial banks, which operate on a fractional reserve basis. (4) Originally, Congress gave the Federal Reserve a monetary mandate to provide an elastic currency, within the context of a gold standard, in response to seasonal fluctuations in the demand for currency. (5) Congress also gave the Federal Reserve a financial stability mandate to serve as the lender of last resort to solvent but illiquid banks during a financial crisis. (6) In 1977, Congress changed the monetary mandate of the Federal Reserve to a dual mandate for maximum employment and stable prices. (7) Empirical studies and historical evidence, both within the United States and in other countries, demonstrate that price stability is desirable because both inflation and deflation damage the economy. (8) The economic challenge of recent years--most notably the bursting of the housing bubble, the financial crisis of 2008, and the ensuing anemic recovery--have occurred at great cost in terms of lost jobs and output. (9) Policymakers are reexamining the structure and functioning of financial institutions and markets to determine what, if any, changes need to be made to place the financial system on a stronger, more sustainable path going forward. (10) The Federal Reserve has taken extraordinary actions in response to the recent economic challenges. (11) The Federal Open Market Committee has engaged in multiple rounds of quantitative easing, providing unprecedented liquidity to financial markets, while committing to holding short-term interest rates low for a seemingly indefinite period, and pursuing a policy of credit allocation by purchasing Federal agency debt and mortgage-backed securities. (12) In the wake of the recent extraordinary actions of the Federal Reserve, Congress--consistent with its constitutional responsibilities and as it has done periodically throughout the history of the United States--has once again renewed its examination of monetary policy. (13) Central in such examination has been a renewed look at what is the most proper mandate for the Federal Reserve to conduct monetary policy in the 21st century. SEC. 3. ESTABLISHMENT. There is established a commission to be known as the ``Centennial Monetary Commission'' (in this Act referred to as the ``Commission''). SEC. 4. DUTIES. (a) Study of Monetary Policy.--The Commission shall-- (1) examine how United States monetary policy since the creation of the Board of Governors of the Federal Reserve System in 1913 has affected the performance of the United States economy in terms of output, employment, prices, and financial stability over time; (2) evaluate various operational regimes under which the Board of Governors of the Federal Reserve System and the Federal Open Market Committee may conduct monetary policy in terms achieving the maximum sustainable level of output and employment and price stability over the long term, including-- (A) discretion in determining monetary policy without an operational regime; (B) price level targeting; (C) inflation rate targeting; (D) nominal gross domestic product targeting (both level and growth rate); (E) the use of monetary policy rules; and (F) the gold standard; and (3) recommend a course for United States monetary policy going forward, including-- (A) the legislative mandate; (B) the operational regime; (C) the securities used in open market operations; and (D) transparency issues. (b) Report on Monetary Policy.--Not later than June 30, 2014, the Commission shall submit to Congress and make publicly available a report containing a statement of the findings and conclusions of the Commission in carrying out the study under subsection (a), together with the recommendations the Commission considers appropriate. SEC. 5. MEMBERSHIP. (a) Number and Appointment.-- (1) Voting members by position.--The Commission shall contain 6 voting members as follows: (A) The Chair of the Joint Economic Committee, who shall serve as Chair of the Commission. (B) The ranking minority member of the Joint Economic Committee, who shall serve as Vice Chair of the Commission. (C) The Chair of the Committee on Financial Services of the House of Representatives or another majority member of such Committee designated by the Chair. (D) The ranking minority member of the Committee on Financial Services of the House of Representatives or another minority member of such Committee designated by the ranking minority member. (E) The Chair of the Committee on Banking, Housing, and Urban Affairs of the Senate or another majority member of such Committee designated by the Chair. (F) The ranking minority member of the Committee on Banking, Housing, and Urban Affairs of the Senate or another minority member of such Committee designated by the ranking minority member. (2) Appointed voting members.--The Commission shall contain 6 voting members, who may not be Members of Congress, as follows: (A) Two members appointed by the Speaker of the House of Representatives. (B) One member appointed by the minority leader of the House of Representatives. (C) Two members appointed by the majority leader of the Senate. (D) One member appointed by the minority leader of the Senate. (3) Non-voting members.--The Commission shall contain 2 non-voting members as follows: (A) One member appointed by the Secretary of the Treasury. (B) One member who is the president of a district Federal reserve bank appointed by the Chair of the Board of Governors of the Federal Reserve System. (b) Period of Appointment.--Each member shall be appointed for the life of the Commission. (c) Timing of Appointment.--All members of the Commission shall be appointed not before January 5, 2013, and not later than 30 days after the date of the enactment of this Act. (d) Vacancies.--A vacancy in the Commission shall not affect its powers, and shall be filled in the manner in which the original appointment was made. (e) Meetings.-- (1) Initial meeting.--The Commission shall hold its initial meeting and begin the operations of the Commission as soon as is practicable. (2) Further meetings.--The Commission shall meet upon the call of the Chair or a majority of its members. (f) Quorum.--Seven voting members of the Commission shall constitute a quorum but a lesser number may hold hearings. (g) Member of Congress Defined.--In this section, the term ``Member of Congress'' means a Senator or a Representative in, or Delegate or Resident Commissioner to, the Congress. SEC. 6. POWERS. (a) Hearings and Sessions.--The Commission or, on the authority of the Commission, any subcommittee or member thereof, may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, receive evidence, or administer oaths as the Commission or such subcommittee or member thereof considers appropriate. (b) Contract Authority.--To the extent or in the amounts provided in advance in appropriation Acts, the Commission may contract with and compensate government and private agencies or persons to enable the Commission to discharge its duties under this Act, without regard to section 3709 of the Revised Statutes (41 U.S.C. 5). (c) Obtaining Official Data.-- (1) In general.--The Commission is authorized to secure directly from any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality of the Government, any information, including suggestions, estimates, or statistics, for the purposes of this Act. (2) Requesting official data.--The head of such department, bureau, agency, board, commission, office, independent establishment, or instrumentality of the government shall, to the extent authorized by law, furnish such information upon request made by-- (A) the Chair; (B) the Chair of any subcommittee created by a majority of the Commission; or (C) any member of the Commission designated by a majority of the commission to request such information. (d) Assistance From Federal Agencies.-- (1) General services administration.--The Administrator of General Services shall provide to the Commission on a reimbursable basis administrative support and other services for the performance of the functions of the Commission. (2) Other departments and agencies.--In addition to the assistance prescribed in paragraph (1), at the request of the Commission, departments and agencies of the United States shall provide such services, funds, facilities, staff, and other support services as may be authorized by law. (e) Postal Service.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. SEC. 7. COMMISSION PERSONNEL. (a) Appointment and Compensation of Staff.-- (1) In general.--Subject to rules prescribed by the Commission, the Chair may appoint and fix the pay of the executive director and other personnel as the Chair considers appropriate. (2) Applicability of civil service laws.--The staff of the Commission may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates, except that an individual so appointed may not receive pay in excess of level V of the Executive Schedule. (b) Consultants.--The Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, but at rates for individuals not to exceed the daily equivalent of the rate of pay for a person occupying a position at level IV of the Executive Schedule. (c) Staff of Federal Agencies.--Upon request of the Commission, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of such department or agency to the Commission to assist it in carrying out its duties under this Act. SEC. 8. TERMINATION. (a) In General.--The Commission shall terminate on February 28, 2015. (b) Administrative Activities Before Termination.--The Commission may use the period between the submission of its report and its termination for the purpose of concluding its activities, including providing testimony to committee of Congress concerning its report. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this Act and such sums shall remain available until the date on which the Commission terminates.

Summary: Centennial Monetary Commission Act of 2013 - Establishes the Centennial Monetary Commission to: (1) examine how U.S. monetary policy since the creation of the Federal Reserve Board in 1913 has affected the performance of the U.S. economy in terms of output, employment, prices, and financial stability over time; (2) evaluate various operational regimes under which the Board and the Federal Open Market Committee may conduct monetary policy in terms achieving the maximum sustainable level of output and employment and price stability over the long term; and (3) recommend a course for U.S. monetary policy going forward.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Global Anti-Semitism Awareness Act of 2004''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Acts of anti-Semitism in countries throughout the world, including in some of the world's strongest democracies, have increased significantly in frequency and scope over the last several years. (2) During the last three months of 2003 and the first three months of 2004, there were numerous instances of anti- Semitic violence around the world, including the following incidents: (A) In Putrajaya, Malaysia, on October 16, 2003, Prime Minister Mahathir Mohamad of Malaysia told the 57 national leaders assembled for the Organization of the Islamic Conference that Jews ``rule the world by proxy'', and called for a ``final victory'' by the world's 1.3 billion Muslims, who, he said, ``cannot be defeated by a few million Jews''. (B) In Istanbul, Turkey, on November 15, 2003, simultaneous car bombs exploded outside two synagogues filled with worshippers, killing 24 people and wounding more than 250. (C) In Hobart, Australia, on January 5, 2004, poison was used to ignite and burn anti-Semitic slogans into the lawns of the Parliament House of the state of Tasmania. (D) In St. Petersburg, Russia, on February 15, 2004, vandals desecrated approximately 50 gravestones in a Jewish cemetery, painting the stones with swastikas and anti-Semitic graffiti. (E) In Toronto, Canada, from March 19 to March 21, 2004, vandals attacked a Jewish school, a Jewish cemetery, and area synagogues, painting swastikas and anti-Semitic slogans on the walls of a synagogue and on residential property in a nearby, predominantly Jewish, neighborhood. (F) In Toulon, France, on March 23, 2004, a Jewish synagogue and community center were set on fire. (3) Anti-Semitism has at times taken the form of vilification of Zionism, the Jewish national movement, and incitement against Israel. (4) Anti-Semitism is also increasingly emanating from the Arab and Muslim world on a sustained basis, including through books distributed by government-owned publishing houses in Egypt and other Arab countries. (5) In November 2002, state-run television in Egypt broadcast the anti-Semitic series entitled ``Horseman Without a Horse'', which is based upon the fictitious conspiracy theory known as the Protocols of the Elders of Zion. The Protocols have been used throughout the last century by despots such as Adolf Hitler to justify violence against Jews. (6) In November 2003, Arab television featured an anti- Semitic series entitled ``Ash-Shatat'' (``The Diaspora''), which depicts Jewish people conspiring to gain control of the world. (7) The sharp rise in anti-Semitic violence has caused international organizations such as the Organization for Security and Cooperation in Europe (OSCE) to elevate and bring renewed focus to this issue, including the convening by the OSCE in June 2003 of a conference in Vienna dedicated solely to the issue of anti-Semitism. (8) On April 28-29, 2004, in Berlin, Germany, the OSCE will again convene a conference dedicated to addressing the problem of anti-Semitism, with the United States delegation to be led by former Mayor of New York City Ed Koch. (9) The United States has vigorously supported efforts to address anti-Semitism through bilateral relationships and interaction with international organizations such as the OSCE, the European Union, and the United Nations. (10) Congress has consistently supported efforts to address the rise in anti-Semitic violence. During the 107th Congress, both the Senate and the House of Representatives passed resolutions expressing strong concern about the sharp escalation of anti-Semitic violence in Europe and calling on the Department of State to thoroughly document the phenomenon. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the United States should continue to vigorously support efforts to combat anti-Semitism worldwide through bilateral relationships and interaction with international organizations such as the Organization of Security and Cooperation in Europe (OSCE); (2) the United States delegation to the OSCE conference in Berlin should advocate for the appointment of a High Commissioner on anti-Semitism; (3) the President should direct the United States Ambassador to the United Nations to introduce in the most appropriate forum in the United Nations a measure condemning anti-Semitism; (4) the Secretary of State should establish a permanent office in the Department of State to monitor and combat anti- Semitism; and (5) the Department of State should thoroughly document acts of anti-Semitism and anti-Semitic incitement that occur around the world. SEC. 4. AUTHORIZATION FOR ESTABLISHMENT OF OFFICE TO MONITOR AND COMBAT ANTI-SEMITISM. The State Department Basic Authorities Act of 1956 is amended by adding after section 58 (22 U.S.C. 2730) the following new section: ``SEC. 59. MONITORING AND COMBATING ANTI-SEMITISM. ``(a) Office to Monitor and Combat Anti-Semitism.-- ``(1) Establishment of office.--The Secretary is authorized and encouraged to establish within the Department of State an Office to Monitor and Combat anti-Semitism (in this section referred to as the `Office') . ``(2) Head of office.--If the Secretary establishes the Office pursuant to paragraph (1), the head of the Office shall be the Director for Monitoring and Combatting anti-Semitism. The Secretary shall appoint the Director of the Office. ``(b) Purpose of Office.--Upon establishment, the Office shall assume the primary responsibility for-- ``(1) monitoring and combatting acts of anti-Semitism and anti-Semitic incitement that occur in foreign countries; ``(2) coordinating and assisting in the preparation of that portion of the report required by sections 116(d)(7) and 502B(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151n(d)(7) and 2304(b)) relating to a summary of acts of anti- Semitism and anti-Semitic incitement around the world for inclusion in the annual country reports on human rights practices; and ``(3) coordinating and assisting in the preparation of that portion of the report required by section 102(b)(1)(C) of the International Religious Freedom Act of 1998 (22 U.S.C. 6412(b)(1)(C)) relating to an assessment and description of the nature and extent of acts of anti-Semitism and anti-Semitic incitement that occur in foreign countries for inclusion in the annual international religious freedom report. ``(c) Consultations.--The Director of the Office shall consult with domestic and international nongovernmental organizations and multilateral organizations and institutions as the Director considers appropriate to fulfill the purposes of this section. ``(d) Public Hearings and Evidence.--The Director of the Office may hold public hearings take testimony, and receive evidence as the Director considers appropriate.''. SEC. 5. INCLUSION IN DEPARTMENT OF STATE ANNUAL REPORTS OF INFORMATION CONCERNING ACTS OF ANTI-SEMITISM IN FOREIGN COUNTRIES. (a) Inclusion in Country Reports on Human Rights Practices.--The Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is amended-- (1) in section 116(d)(7) (22 U.S.C. 2151n(d)(7)), by striking the semicolon and inserting ``and a summary of acts of anti-Semitism and anti-Semitic incitement that occur in foreign countries, including descriptions of-- ``(A) acts of physical violence against, or harassment of, Jewish people, and acts of violence against, or vandalism of, Jewish community institutions, including schools, synagogues, and cemeteries that occurred in foreign countries during the preceding year; ``(B) instances of propaganda in government and non- government media and other sources in foreign countries that attempt to justify or promote racial hatred or incite acts of violence against Jewish people; ``(C) the actions, if any, taken by the governments of such countries to respond to such violence and attacks or to eliminate such propaganda or incitement; ``(D) the actions taken by such governments to enact and enforce laws relating to the protection of the right to religious freedom of Jewish people; and ``(E) the efforts of such governments to promote anti-bias and tolerance education;''; and (2) in the fourth sentence of section 502B(b) (22 U.S.C. 2304(b)), by inserting before the period the following: ``and a summary of acts of anti-Semitism and anti-Semitic incitement that occur in foreign countries, including the descriptions of such acts required under section 116(d)(7)''. (b) Inclusion in International Religious Freedom Report.--Section 102(b)(1) of the International Religious Freedom Act of 1998 (22 U.S.C. 6412(b)(1)) is amended-- (1) by redesignating subparagraphs (C), (D), (E), and (F) as subparagraphs (D), (E), (F), and (G), respectively; and (2) by inserting after subparagraph (B) the following new subparagraph: ``(C) Acts of anti-semitism.--An assessment and description of the nature and extent of acts of anti- Semitism and anti-Semitic incitement that occur in foreign countries, including descriptions of-- ``(i) acts of physical violence against, or harassment of, Jewish people, and acts of violence against, or vandalism of, Jewish community institutions, including schools, synagogues, and cemeteries that occurred in foreign countries during the preceding year; ``(ii) instances of propaganda in government and non-government media and other sources in foreign countries that attempt to justify or promote racial hatred or incite acts of violence against Jewish people; ``(iii) the actions, if any, taken by the governments of such countries to respond to such violence and attacks or to eliminate such propaganda or incitement; ``(iv) the actions taken by such governments to enact and enforce laws relating to the protection of the right to religious freedom of Jewish people; and ``(v) the efforts of such governments to promote anti-bias and tolerance education.''. (c) Effective Date of Inclusions.--The amendments made by subsections (a) and (b) shall apply beginning with the first report under sections 116(d) and 502B(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151n(d) and 2304(b)) and section 102(b) of the International Religious Freedom Act of 1998 (22 U.S.C. 6312(b)) submitted more than one year after the date of the enactment of this Act.

Summary: Global Anti-Semitism Awareness Act of 2004 - Expresses the sense of Congress that: (1) the United States should continue to support efforts to combat anti-Semitism worldwide through bilateral relationships and interaction with international organizations such as the Organization of Security and Cooperation in Europe (OSCE); (2) the U.S. delegation to the OSCE conference in Berlin should advocate for the appointment of a High Commissioner on anti-Semitism; and (3) the President should direct the United States Ambassador to the United Nations to introduce in the United Nations a measure condemning anti-Semitism. Amends the State Department Basic Authorities Act of 1956 to authorize and encourage the Secretary of State to establish within the Department of State an Office to Monitor and Combat anti-Semitism. Amends the Foreign Assistance Act of 1961 to include in the Department of State annual reports information on: (1) acts of anti-Semitism in foreign countries; and (2) governmental responses to such acts, including efforts to promote anti-bias education. Makes similar amendments to the International Religious Freedom Act of 1998.


SECTION 1. RECOGNITION AS CORPORATION AND GRANT OF FEDERAL CHARTER. The Black Veterans of America, a nonprofit corporation organized under the laws of the State of Minnesota, is hereby recognized as such and is granted a Federal charter. SEC. 2. POWERS. The Black Veterans of America (hereinafter in this Act referred to as the ``corporation'') shall have only those powers granted to it through its bylaws and articles of incorporation filed in the State in which it is incorporated and subject to the laws of such State. SEC. 3. OBJECTS AND PURPOSES. The objects and purposes of the corporation are those provided in its bylaws and articles of incorporation and shall include the following: (1) Recognizing the contribution to the United States throughout its history made by black Americans in military service. (2) Ensuring that all veterans, and particularly black veterans, receive all benefits accorded them under law. (3) Serving as an information clearinghouse for all veterans' benefits, including education, housing, job training, disability, health care, and burial benefits. (4) Providing outreach and referral to community services for veterans and their families. (5) Providing a forum for discussion of veterans' issues and concerns. SEC. 4. SERVICE OF PROCESS. With respect to service of process, the corporation shall comply with the laws of the State in which it is incorporated and those States in which it carries on its activities in furtherance of its corporate purposes. SEC. 5. MEMBERSHIP. Except as provided in section 8, eligibility for membership in the corporation and the rights and privileges of members of the corporation shall be as provided in the articles of incorporation and bylaws of the corporation. SEC. 6. BOARD OF DIRECTORS. Except as provided in section 8, the composition of the board of directors of the corporation and the responsibilities of such board shall be as provided in the articles of incorporation of the corporation and in conformity with the laws of the State in which it is incorporated. SEC. 7. OFFICERS OF CORPORATION. Except as provided in section 8, the positions of officers of the corporation and the election of members to such positions shall be as provided in the articles of incorporation of the corporation and in conformity with the laws of the State in which it is incorporated. SEC. 8. PROHIBITION AGAINST DISCRIMINATION. In establishing the conditions of membership in the corporation and in determining the requirements for serving on the board of directors or as an officer of the corporation, the corporation may not discriminate on the basis of race, color, religion, sex, handicap, age, or national origin. SEC. 9. RESTRICTIONS. (a) Income and Compensation.--No part of the income or assets of the corporation may inure to the benefit of any member, officer, or director of the corporation or be distributed to any such individual during the life of this charter. Nothing in this subsection shall be construed to prevent the payment of reasonable compensation to the officers of the corporation or reimbursement for actual necessary expenses in amounts approved by the board of directors. (b) Loans.--The corporation may not make any loan to any officer, director, or employee of the corporation. (c) Stock.--The corporation shall have no power to issue any shares of stock or to declare or pay any dividends. (d) Claim of Congressional Approval or Authorization.--The corporation shall not claim congressional approval or the authorization of the Federal Government for any of its activities by virtue of this Act. SEC. 10. LIABILITY FOR ACTS OF OFFICERS AND AGENTS. The corporation shall be liable for the acts of its officers and agents whenever such officers and agents have acted within the scope of their authority. SEC. 11. BOOKS AND RECORDS. The corporation shall keep correct and complete books and records of account and minutes of any proceeding of the corporation involving any of its members, the board of directors, or any committee having authority under the board of directors. The corporation shall keep, at its principal office, a record of the names and addresses of all members having the right to vote in any proceeding of the corporation. All books and records of such corporation may be inspected by any member having the right to vote in any corporation proceeding, or by any agent or attorney of such member, for any proper purpose at any reasonable time. Nothing in this section shall be construed to contravene any applicable State law. SEC. 12. AUDIT OF FINANCIAL TRANSACTIONS. The first section of the Act entitled ``An Act to provide for audit of accounts of private corporations established under Federal law'', approved August 30, 1964 (36 U.S.C. 1101), is amended by adding at the end the following: ``(77) The Black Veterans of America.''. SEC. 13. ANNUAL REPORT. The corporation shall report annually to the Congress concerning the activities of the corporation during the preceding fiscal year. Such annual report shall be submitted at the same time as the report of the audit required by section 2 of the Act referred to in section 12. The report shall not be printed as a public document. SEC. 14. RESERVATION OF RIGHT TO ALTER, AMEND, OR REPEAL CHARTER. The right to alter, amend, or repeal this Act is expressly reserved to the Congress. SEC. 15. ``STATE'' DEFINED. For purposes of this Act, the term ``State'' includes the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, and the territories and possessions of the United States. SEC. 16. TAX-EXEMPT STATUS. The corporation shall maintain its status as an organization exempt from taxation as provided in the Internal Revenue Code of 1986. SEC. 17. TERMINATION FOR FAILURE TO COMPLY WITH RESTRICTIONS OR PROHIBITIONS. If the corporation shall fail to comply with any of the restrictions or provisions of this Act, the charter granted by this Act shall expire.

Summary: Grants a Federal charter to Black Veterans of America (a nonprofit corporation organized under the laws of Minnesota).


SECTION 1. SHORT TITLE. This Act may be cited as the ``Private Mortgage Insurance Technical Corrections and Clarification Act''. SEC. 2. CHANGES IN AMORTIZATION SCHEDULE. (a) Treatment of Adjustable Rate Mortgages.--The Homeowners Protection Act of 1998 (12 U.S.C. 4901 et seq.) is amended-- (1) in section 2-- (A) in paragraph (2)(B)(i), by striking ``amortization schedules'' and inserting ``the amortization schedule then in effect''; (B) in paragraph (16)(B), by striking ``amortization schedules'' and inserting ``the amortization schedule then in effect''; (C) by redesignating paragraphs (6) through (16) (as amended by the preceding provisions of this paragraph) as paragraphs (8) through (18), respectively; and (D) by inserting after paragraph (5) the following new paragraph: ``(6) Amortization schedule then in effect.--The term `amortization schedule then in effect' means, with respect to an adjustable rate mortgage, a schedule established at the time at which the residential mortgage transaction is consummated or, if such schedule has been changed or recalculated, is the most recent schedule under the terms of the note or mortgage, which shows-- ``(A) the amount of principal and interest that is due at regular intervals to retire the principal balance and accrued interest over the remaining amortization period of the loan; and ``(B) the unpaid balance of the loan after each such scheduled payment is made.''; and (2) in section 3(f)(1)(B)(ii), by striking ``amortization schedules'' and inserting ``the amortization schedule then in effect''. (b) Treatment of Balloon Mortgages.--Paragraph (1) of section 2 of the Homeowners Protection Act of 1998 (12 U.S.C. 4901(1)) is amended by adding at the end the following new sentence: ``A residential mortgage that (A) does not fully amortize over the term of the obligation, and (B) contains a conditional right to refinance or modify the unamortized principal at the maturity date of the term, shall be considered to be an adjustable rate mortgage for purposes of this Act.''. (c) Treatment of Loan Modifications.-- (1) In general.--Section 3 of the Homeowners Protection Act of 1998 (12 U.S.C. 4902) is amended-- (A) by redesignating subsections (d) through (f) as subsections (e) through (g), respectively; and (B) by inserting after subsection (c) the following new subsection: ``(d) Treatment of Loan Modifications.--If a mortgagor and mortgagee (or holder of the mortgage) agree to a modification of the terms or conditions of a loan pursuant to a residential mortgage transaction, the cancellation date, termination date, or final termination shall be recalculated to reflect the modified terms and conditions of such loan.''. (2) Conforming amendments.--Section 4(a) of the Homeowners Protection Act of 1998 (12 U.S.C. 4903(a)) is amended-- (A) in paragraph (1)-- (i) in the matter preceding subparagraph (A), by striking ``section 3(f)(1)'' and inserting ``section 3(g)(1)''; (ii) in subparagraph (A)(ii)(IV), by striking ``section 3(f)'' and inserting ``section 3(g)''; and (iii) in subparagraph (B)(iii), by striking ``section 3(f)'' and inserting ``section 3(g)''; and (B) in paragraph (2), by striking ``section 3(f)(1)'' and inserting ``section 3(g)(1)''. SEC. 3. DELETION OF AMBIGUOUS REFERENCES TO RESIDENTIAL MORTGAGES. (a) Termination of Private Mortgage Insurance.--Section 3 of the Homeowners Protection Act of 1998 (12 U.S.C. 4902) is amended-- (1) in subsection (c), by inserting ``on residential mortgage transactions'' after ``imposed''; and (2) in subsection (g) (as so redesignated by section 2(c)(1)(A) of this Act)-- (A) in paragraph (1), in the matter preceding subparagraph (A), by striking ``mortgage or''; (B) in paragraph (2), by striking ``mortgage or''; and (C) in paragraph (3), by striking ``mortgage or'' and inserting ``residential mortgage or residential''. (b) Disclosure Requirements.--Section 4 of the Homeowners Protection Act of 1998 (12 U.S.C. 4903(a)) is amended-- (1) in subsection (a)-- (A) in paragraph (1)-- (i) by striking ``mortgage or'' the first place it appears; and (ii) by striking ``mortgage or'' the second place it appears and inserting ``residential''; and (B) in paragraph (2), by striking ``mortgage or'' and inserting ``residential''; (2) in subsection (c), by striking ``paragraphs (1)(B) and (3) of subsection (a)'' and inserting ``subsection (a)(3)''; and (3) in subsection (d), by inserting before the period at the end the following: ``, which disclosures shall relate to the mortgagor's rights under this Act''. (c) Disclosure Requirements for Lender-Paid Mortgage Insurance.-- Section 6 of the Homeowners Protection Act of 1998 (12 U.S.C. 4905) is amended-- (1) in subsection (c)-- (A) in the matter preceding paragraph (1), by striking ``a residential mortgage or''; and (B) in paragraph (2), by inserting ``transaction'' after ``residential mortgage''; and (2) in subsection (d), by inserting ``transaction'' after ``residential mortgage''. SEC. 4. CANCELLATION RIGHTS AFTER CANCELLATION DATE. Section 3 of the Homeowners Protection Act of 1998 (12 U.S.C. 4902) is amended-- (1) in subsection (a)-- (A) in the matter preceding paragraph (1), by inserting after ``cancellation date'' the following: ``or any later date that the mortgagor fulfills all of the requirements under paragraphs (1) through (4)''; (B) in paragraph (2), by striking ``and'' at the end; (C) by redesignating paragraph (3) as paragraph (4); and (D) by inserting after paragraph (2) the following new paragraph: ``(3) is current on the payments required by the terms of the residential mortgage transaction; and''; and (2) in subsection (e)(1)(B) (as so redesignated by section 2(c)(1)(A) of this Act), by striking ``subsection ``(a)(3)'' and inserting ``subsection (a)(4)''. SEC. 5. CLARIFICATION OF CANCELLATION AND TERMINATION ISSUES AND LENDER PAID MORTGAGE INSURANCE DISCLOSURE REQUIREMENTS. (a) Good Payment History.--Section 2(4) of the Homeowners Protection Act of 1998 (12 U.S.C. 4901(4)) is amended-- (1) in subparagraph (A)-- (A) by inserting ``the later of (i)'' before ``the date''; and (B) by inserting ``, or (ii) the date that the mortgagor submits a request for cancellation under section 3(a)(1)'' before the semicolon; and (2) in subparagraph (B)-- (A) by inserting ``the later of (i)'' before ``the date''; and (B) by inserting ``, or (ii) the date that the mortgagor submits a request for cancellation under section 3(a)(1)'' before the period at the end. (b) Automatic Termination.--Paragraph (2) of section 3(b) of the Homeowners Protection Act of 1998 (12 U.S.C. 4902(b)(2)) is amended to read as follows: ``(2) if the mortgagor is not current on the termination date, on the first day of the first month beginning after the date that the mortgagor becomes current on the payments required by the terms of the residential mortgage transaction.''. (c) Premium Payments.--Section 3 of the Homeowners Protection Act of 1998 (12 U.S.C. 4902) is amended by adding at the end the following new subsection: ``(h) Accrued Obligation for Premium Payments.--The cancellation or termination under this section of the private mortgage insurance of a mortgagor shall not affect the rights of any mortgagee, servicer, or mortgage insurer to enforce any obligation of such mortgagor for premium payments accrued prior to the date on which such cancellation or termination occurred.''. SEC. 6. DEFINITIONS. (a) Refinanced.--Section 6(c)(1)(B)(ii) of the Homeowners Protection Act of 1998 (12 U.S.C. 4905(c)(1)(B)(ii)) is amended by inserting after ``refinanced'' the following: ``(under the meaning given such term in the regulations issued by the Board of Governors of the Federal Reserve System to carry out the Truth in Lending Act (15 U.S.C. 1601 et seq.))''. (b) Midpoint of the Amortization Period.--Section 2 of the Homeowners Protection Act of 1998 (12 U.S.C. 4901) is amended by inserting after paragraph (6) (as added by section 2(a)(1)(D) of this Act) the following new paragraph: ``(7) Midpoint of the amortization period.--The term ``midpoint of the amortization period'' means, with respect to a residential mortgage transaction, the point in time that is halfway through the period that begins upon the first day of the amortization period established at the time a residential mortgage transaction is consummated and ends upon the completion of the entire period over which the mortgage is scheduled to be amortized.''. (c) Original Value.--Section 2(12) of the Homeowners Protection Act of 1998 (12 U.S.C. 4901(10)) (as so redesignated by section 2(a)(1)(C) of this Act) is amended-- (1) by inserting ``transaction'' after ``a residential mortgage''; and (2) by adding at the end the following new sentence: ``In the case of a residential mortgage transaction for refinancing the principal residence of the mortgagor, such term means only the appraised value relied upon by the mortgagee to approve the refinance transaction.''. (d) Principal Residence.--Section 2 of the Homeowners Protection Act of 1998 (12 U.S.C. 4901) is amended-- (1) in paragraph (14) (as so redesignated by section 2(a)(1)(C) of this Act) by striking ``primary'' and inserting ``principal''; and (2) in paragraph (15) (as so redesignated by section 2(a)(1)(C) of this Act) by striking ``primary'' and inserting ``principal''. Passed the House of Representatives May 23, 2000. Attest: JEFF TRANDAHL, Clerk.

Summary: Includes balloon mortgages within the definition of "adjustable rate mortgages." States that if a residential mortgage loan is modified (with mortgagor-mortgagee agreement) the cancellation date, termination date, or final agreement shall be recalculated to reflect such modifications. (Sec. 4) Extends mortgage insurance cancellation rights beyond the cancellation date for a qualifying borrower who is current on required payments. (Sec. 5) Revises the automatic termination date with respect to a mortgagor who is not current on payments as of the mortgage termination date. States that the cancellation or termination of private mortgage insurance shall not affect the rights of any mortgagee, servicer, or insurer to enforce any accrued obligation for premium payments. (Sec. 6) Revises specified definitions.