SECTION 1. SHORT TITLE. This Act may be cited as the ``NOAA Corps Disestablishment Act''. SEC. 2. PURPOSES. The purposes of this Act are-- (1) to disestablish the Corps of Commissioned Officers of the National Oceanic and Atmospheric Administration, a uniformed service within the Department of Commerce; (2) to provide for fair treatment of retired officers and officers on the active list of the NOAA Corps, and other employees of the National Oceanic and Atmospheric Administration and the Department of Commerce; and (3) to provide for the retention of professional skills and experience required by NOAA to continue to carry out its mission effectively. SEC. 3. CONVERSION. (a) In General.--Not later than the disestablishment date each conversion-eligible officer who has signed a conversion agreement and the position to which such officer is assigned as of that date shall be converted into the civilian service. (b) Credit for Prior Service.--The total time served in the NOAA Corps and in any other uniformed service by an officer who is converted to the civilian service under subsection (a) shall be-- (1) credited under the Federal Employees' Retirement System in accordance with section 8411(c) of title 5, United States Code (and subject to any limitations in such section 8411(c) of such title), if the officer pays the deposit required by section 8422(e) of such title; (2) deemed to be creditable civilian service for the purposes of section 8410 of such title concerning eligibility for annuity, section 8442(b) of such title concerning rights of a widow or widower, and section 8451(a) of such title concerning disability retirement; and (3) credited in accordance with, and subject to limitations in, section 3502(a) of such title concerning retention in a reduction in force, and section 6303(a) of such title concerning annual leave accrual. (c) All officers converted to the civilian service under subsection (a) shall be eligible for health insurance in accordance with chapter 89 of title 5, United States Code, with such coverage effective retroactively to the effective date of that officer's conversion. SEC. 4. CONVERSION BENEFIT. (a) In General.--The Secretary shall, subject to the availability of appropriations, provide a conversion benefit to be calculated using the formula provided in section 1174a(b)(2)(A) of title 10, United States Code, to each conversion-eligible officer converted to the civilian service under section 3. (b) Repayment of Benefit Upon Leaving Within 180 Days of Conversion.--Any officer leaving the employment of NOAA within 180 days after conversion to the civilian service under section 3 shall refund to the Treasury an amount equal to 5 percent of the product of-- (1) the member's years of active service, multiplied by (2) 12 times the monthly basic pay to which the member is entitled on the date of the disestablishment of the NOAA Corps. (c) Contributions to the Thrift Savings Fund.--Notwithstanding the time periods set forth at 5 U.S.C. 8432(b), each conversion-eligible officer converted to the civilian service under section 3 shall be eligible immediately to make an election to contribute to the Thrift Savings Fund. SEC. 5. LEAVE AND SUPPLEMENTAL RETIREMENT LIABILITY. (a) Credit for Unused Leave.-- (1) Transferred leave.--Each officer who is in the NOAA Corps on the date of enactment of this Act and who is converted into or appointed to the civilian service without a break in service, shall receive a credit for unused leave which shall be transferred to that officer's credit in the employing agency in accordance with regulations promulgated by the Office of Personnel Management. No lump-sum payment shall be made for the leave that is transferred. (2) Lump-sum payment for leave.--Each officer who is in the NOAA Corps on the date of enactment of this Act and who receives a lump-sum payment for unused leave and is employed in the civilian service prior to the expiration of the period covered by the lump-sum payment, shall refund to the employing agency an amount equal to the compensation covering the period between the date of employment and the expiration of the period covered by such leave payment. The leave represented by any such refund shall be recredited to that officer by the employing agency in accordance with regulations promulgated by the Office of Personnel Management. (b) Retirement Fund Supplemental Liability.--There is authorized to be appropriated to the Civil Service Retirement and Disability Fund an amount equal to the Federal Employee Retirement System supplemental liability created by granting service credit under section 8411 of title 5, United States Code, to those NOAA Corps officers converted into the civilian service under section 3(a) of this Act. Such amount, as determined by the Office of Personnel Management, shall be credited to such Fund no later than September 30, 1998. SEC. 6. ADDITIONAL CIVILIAN POSITIONS. (a) In General.--Not later than the disestablishment date, the Under Secretary shall establish additional civilian positions in NOAA as determined to be necessary for fulfilling essential mission functions and may fill such positions in accordance with customary recruitment procedures. (b) Vacancy Information Provided to Retired Officers and Current Department of Commerce Employees.--Vacancy announcements for any positions described in subsection (a) shall be provided to each officer who retires after the date of enactment of this act and vacancy information shall be made available to current employees of the Department of Commerce at the initiation of a recruitment action concerning such positions. SEC. 7. DISESTABLISHMENT. (a) Disestablishment.--The Commissioned Officers Corps of the National Oceanic and Atmospheric Administration is disestablished as of October 1, 1997. (b) Eligibility for Noncompetitive Appointments.-- (1) Invountary separations.--Each officer in the NOAA Corps on the date of enactment of this Act, shall be afforded noncompetitive appointment eligibility for any competitive service position within the Department of Commerce for which the officer meets the minimum qualification requirements. Eligibility for this special noncompetitive appointment shall begin on the effective date of this Act and extend for-- (A) 1 year, in the case of an officer who has less than 3 years of service in the NOAA Corps, after the officer is involuntarily separated; and (B) 2 years, in the case of any other officer. (2) Appointments and conversions.--Each officer in the NOAA Corps on the date of enactment of this Act who has completed at least 1 year of continuous service as a NOAA Corps officer will acquire competitive status upon appointment or conversion under this Act. Officers who have completed at least 3 years of service in the NOAA Corps or other uniformed service will receive career appointments. All other officers will receive career-conditional appointments and their time in the Corps will be credited towards career tenure. Annual fitness reports shall constitute annual performance ratings for purposes of 5 CFR Part 351, for any officer who is appointed to or is converted into the civilian service, so as to provide entitlement to additional service credit for performance where needed. SEC. 8. SEPARATION AND RETIREMENT OF OFFICERS. (a) Separation.--Each conversion-eligible officer who has not signed a conversion agreement shall be involuntarily separated from the NOAA Corps not later than September 30, 1997. (b) Retirement.--Each officer who is on the active list of the NOAA Corps on the date of the enactment of this Act shall, if eligible to retire not later than September 30, 1997, under any provision of law, be retired under such provision not later than such date. (c) Separation Pay.--Notwithstanding section 11(b) of this Act, any officer involuntarily separated from the NOAA Corps by reason of subsection (a) shall be eligible for separation pay as authorized by section 9 of the Coast and Geodetic Survey Commissioned Officers Act of 1948 (33 U.S.C. 853h). (d) Repeal of Cap on Separation Pay.--Section 9 of the Coast and Geodetic Survey Commissioned Officers Act of 1948 (33 U.S.C. 853h) is amended by striking-- (1) ``, or $30,000, whichever is less'' in subsection (b)(1)(B); (2) ``, but in no event no more than $15,000'' in subsection (b)(2); and (3) subsection (d)(2). (e) Retirement Eligibility Based on Unused Leave.-- (1) Officers with 15 years' service.--A conversion-eligible officer shall be deemed to have 15 years of active service for purposes of all provisions and regulations concerning retirement of a member of a uniformed service for which a NOAA Corps officer is otherwise eligible if, as of the day prior to the disestablishment date the sum of such officer's length of active service in the NOAA Corps and other uniformed services plus an amount of such officer's unused leave equals or exceeds 15 years. (2) Retirement terms.--An officer described in paragraph (1)-- (A) is ineligible for conversion into the civilian service under section 3(a); (B) shall not qualify as a ``conversion-eligible officer'' as defined in section 13(3); (C) shall be retired under subsection (b) of this section; (D) shall receive retirement pay computed on the sum obtained in paragraph (1); and (E) shall not receive a lump sum payment for leave that is used to qualify for retirement under paragraph (1). SEC. 9. STATUS OF OFFICERS AND ADMINISTRATION OF RETIREMENT BENEFITS. (a) Active NOAA Service Deemed To Be Service in the Navy.-- Effective on the disestablishment date, and as determined and credited by the Secretary of Commerce, the active service of each officer in the NOAA Corps and its predecessors who has retired shall be deemed to have been active service in the United States Navy for purposes of determining the rights, privileges, and benefits administered by the Department of Defense to which such officer and the officer's dependents and survivors are entitled. (b) Administration by Department of Defense of Retired Pay, Survivor and other Benefits.--Effective on the disestablishment date, authority and responsibility for the administration of retired pay for retired officers of the former NOAA Corps, survivor benefit annuities for their survivors, and all rights, privileges and benefits to which retired officers of the former NOAA Corps and its predecessors, their dependents and survivors are entitled in accordance with subsection (a) is transferred to the Secretary of the Navy. Such retired pay and survivor benefits shall be paid from the Department of Defense Military Retirement Fund. The one-time change in unfunded liability in that fund resulting from this subsection shall be considered to be an actuarial loss under the provisions of section 1465(c)(3) of title 10, United States Code. The cost of all other benefits, including those concerning health and dental care, provided to each officer and the officer's dependents and survivors in accordance with subsection (a) shall be paid from amounts appropriated to the Department of Defense. (c) Retired Pay Administration.--Effective on the disestablishment date-- (1) Section 1461(b) of title 10, United States Code, is amended-- (A) by striking ``and'' at the end of paragraph (2); (B) by striking the period at the end of paragraph (3) and inserting ``, and''; and (C) by adding at the end the following new paragraph: ``(4) the provisions of law that created entitlement to, and determined the amount of, retired pay for retired officers of the former Commissioned Officers Corps of the National Oceanic and Atmospheric Administration and its predecessors (as in effect before the disestablishment of that corps by the NOAA Corps Disestablishment Act).''. (2) Section 1461 of such title is amended by adding at the end thereof the following new subsection: ``(c) For purposes of subsection (b)(2) and section 1463(a)(4) of this title, the term `armed forces' shall be considered to include the former Commissioned Officers Corps of the National Oceanic and Atmospheric Administration and its predecessors.''. (3) Section 1463(a)(1) of such title is amended by inserting ``and to retired officers of the former Commissioned Officers Corps of the National Oceanic and Atmospheric Administration and its predecessors'' before the semicolon at the end. (d) Actions by Secretary.--The Secretary shall-- (1) transfer promptly to the Secretary of the Navy all records required to implement this section; and (2) advise all retired members of the former NOAA Corps and its predecessors or their survivors of the functions to be assumed by the Secretary of the Navy under this Act. (e) Treatment of Prior Active Service.--Effective on the disestablishment date, and except as provided in subsection (a), the active service of an officer in the NOAA Corps and its predecessors (including that of an officer who has retired) shall continue to be treated as active duty in a uniformed service as provided in applicable law. SEC. 10. DISABILITY DETERMINATIONS. (a) In General.--Not later than the disestablishment date, the Secretary of Commerce shall, under section 1210(b) of title 10, United States Code, and based upon a physical examination, make a final determination of the case of each officer of the NOAA Corps whose name is on the temporary disabled retired list under section 1202 of such title. As provided in the second sentence of section 1210(b) of such title, if, at the time of that determination, the physical disability for which the officer's name was carried on the temporary disability retired list still exists, it shall be considered to be permanent and stable. Such an officer shall be retired in accordance with section 1210(c) or 1210(d) of such title or separated in accordance with section 1210(e) of such title, as applicable. (b) Substitution of Terms.--For purposes of making the determination required by subsection (a) under section 1210(b) of title 10, United States Code, ``15 years of service'' shall be substituted for ``20 years of service'' in sections 1210(d) and 1210(e) of that title. (c) Disposition of Officers Determined Not To Be Disabled.--If, upon a final determination under subsection (a), it is determined that the officer is physically fit to perform the duties of the officer's rank, the officer shall be either-- (1) converted into the civilian service if eligible in accordance with section 3(a), provided that the officer has signed a conversion agreement; or (2) retired or separated in accordance with section 8. SEC. 11. AMENDMENTS AND REPEALS. (a) Amendments.--The Coast and Geodetic Survey Commissioned Officers Act of 1948 (33 U.S.C. 853a-853u) is amended-- (1) by striking subsection (b) in section 8 and redesignating subsection (c) as subsection (b); and (2) by striking ``under section 8'' in section 9. (b) Repeals.--The following provisions of law are repealed effective on the disestablishment date: (1) The Coast and Geodetic Survey Commissioned Officers Act of 1948, (33 U.S.C. 853a-853u). (2) The Act of February 16, 1929, (Chapter 221, section 5, 45 Stat. 1187; 33 U.S.C. 852a). (3) The Act of January 19, 1942, (Chapter 6; 56 Stat. 6). (4) Section 9 of Public Law 87-649, (76 Stat. 495). (5) The Act of May 22, 1917, (Chapter 20, Section 16; 40 Stat. 87; 33 U.S.C. 854 et seq.). (6) The Act of December 3, 1942, (Chapter 670; 56 Stat.1038). (7) Sections 1 through 5 of Public Law 91-621, (84 Stat. 1863; 33 U.S.C. 857-1 et seq.). (8) The Act of August 10, 1956, (Chapter 1041, section 3; 70A Stat. 619; 33 U.S.C. 857a). (9) The Act of May 18, 1920, (Chapter 190, section 11; 41 Stat. 603; 33 U.S.C. 864). (10) The Act of July 22, 1947, (Chapter 286; 61 Stat. 400; 33 U.S.C. 873, 874). (11) The Act of August 3, 1956, (Chapter 932; 70 Stat. 988; 33 U.S.C. 875, 876). (c) Continuing Application.--No repeal under this section shall affect any annuity or other benefit authorized under provision of law so repealed, based on the separation of any person from the NOAA Corps or its predecessors. SEC. 12. IMPLEMENTING AUTHORITIES. Without regard to any other provision of law and without prior notification, the Secretary is authorized to establish, eliminate or reorganize any office within NOAA as determined by the Secretary to be necessary or appropriate to carry out the purposes of this Act. Not later than 2 years after enactment, the Secretary shall submit a report to the appropriate committees of Congress describing the actions taken under this section. SEC. 13. DEFINITIONS. For purposes of this Act, the term -- (1) ``Conversion Agreement'' means an agreement which states that a conversion-eligible officer agrees to be converted to the civilian service and will remain in the position assigned at the time of conversion or in another NOAA position as assigned after conversion for 180 days following such conversion; (2) ``Conversion Eligible Officer'' means an officer in the NOAA Corps on the date of enactment of this Act whose active service in the NOAA Corps and in any other uniformed service as of the disestablishment date will total less than 15 years, except as provided in section 8(e); (3) ``disestablishment date'' means October 1, 1997; (4) ``NOAA'' means the National Oceanic and Atmospheric Administration; (5) ``NOAA Corps'' means the Corps of Commissioned Officers of the National Oceanic and Atmospheric Administration; (6) ``Predecessors'' means the former Commissioned Officers Corps of the Environmental Sciences Services Administration and the former Commissioned Officers Corps of the Coast and Geodetic Survey; (7) ``Secretary'' means the Secretary of Commerce; and (8) ``Under Secretary'' means the Under Secretary of Commerce for Oceans and Atmosphere.

Summary: NOAA Corps Disestablishment Act - Converts to civilian service each conversion-eligible officer in the National Oceanic and Atmospheric Administration (NOAA) Corps of Commissioned Officers who has signed a conversion agreement and the position to which the officer is assigned. Provides for a conversion benefit, Thrift Savings Plan eligibility, and credit for unused leave. Authorizes appropriations to the Civil Service Retirement and Disability Fund equal to the Federal Employee Retirement System supplemental liability created by granting service credit. (Sec. 6) Mandates establishment of additional NOAA civilian positions. (Sec. 7) Disestablishes the Corps as of October 1, 1997. Provides for noncompetitive appointment eligibility in the Department of Commerce. (Sec. 8) Separates conversion-eligible officers who do not sign a conversion agreement, with eligibility for separation pay. Amends the Coast and Geodetic Survey Commissioned Officers Act of 1948 to remove dollar caps on separation pay. Provides for retirement eligibility and terms. (Sec. 9) Deems Corps service to have been active service in the Navy. Provides for the administration of retired pay, survivor, and other benefits. Makes related amendments to Federal law provisions relating to the Department of Defense Military Retirement Fund. (Sec. 10) Mandates a final determination, based on a physical examination, regarding each officer on the temporarily disabled retired list. (Sec. 11) Repeals: (1) the Coast and Geodetic Survey Commissioned Officers Act of 1948 and numerous other Federal Acts and provisions related to the Corps; and (2) provisions authorizing extra compensation to members of vessel crews when assigned duties as instrument observer or recorder and to other Federal agencies' employees while observing tides or currents or tending seismographs or magnetographs. (Sec. 12) Authorizes the establishment, elimination, or reorganization of any office in NOAA as necessary or appropriate to carry out the purposes of this Act. Mandates a report to the Congress describing any such actions.


SECTION 1. SHORT TITLE. This Act may be cited as the ``American Freedom Agenda Act of 2007''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress makes the following findings: (1) Unchecked power by any branch leads to oppressive transgressions on individual freedoms and ill-considered government policies. (2) The Founding Fathers enshrined checks and balances in the Constitution to protect against government abuses to derail ill-conceived domestic or foreign endeavors. (3) Checks and balances make the Nation safer by preventing abuses that would be exploited by Al Qaeda to boost terrorist recruitment, would deter foreign governments from cooperating in defeating international terrorism, and would make the American people reluctant to support aggressive counter- terrorism measures. (4) Checks and balances have withered since 9/11 and an alarming concentration of power has been accumulated in the presidency based on hyper-inflated fears of international terrorism and a desire permanently to alter the equilibrium of power between the three branches of government. (5) The unprecedented constitutional powers claimed by the President since 9/11 subtracted national security and have been asserted for non-national security purposes. (6) Experience demonstrates that global terrorism can be thwarted, deterred, and punished through muscular application of law enforcement measures and prosecutions in Federal civilian courts in lieu of military commissions or military law. (7) Congressional oversight of the executive branch is necessary to prevent secret government, which undermines self- government and invites lawlessness and maladministration. (8) The post-9/11 challenges to checks and balances are unique in the Nation's history because the war on global terrorism has no discernable end. (b) Purpose.--The American Freedom Agenda Act of 2007 is intended to restore the Constitution's checks and balances and protections against government abuses as envisioned by the Founding Fathers. SEC. 3. MILITARY COMMISSIONS; ENEMY COMBATANTS; HABEAS CORPUS. (a) The Military Commissions Act of 2006 is hereby repealed. (b) The President is authorized to establish military commissions for the trial of war crimes only in places of active hostilities against the United States where an immediate trial is necessary to preserve fresh evidence or to prevent local anarchy. (c) The President is prohibited from detaining any individual indefinitely as an unlawful enemy combatant absent proof by substantial evidence that the individual has directly engaged in active hostilities against the United States, provided that no United States citizen shall be detained as an unlawful enemy combatant. (d) Any individual detained as an enemy combatant by the United States shall be entitled to petition for a writ of habeas corpus under section 2241 of title 28, United States Code. SEC. 4. TORTURE OR COERCED CONFESSIONS. No civilian or military tribunal of the United States shall admit as evidence statements extracted from the defendant by torture or coercion. SEC. 5. INTELLIGENCE GATHERING. No Federal agency shall gather foreign intelligence in contravention of the Foreign Intelligence Surveillance Act (50 U.S.C. 1801 et seq.). The President's constitutional power to gather foreign intelligence is subordinated to this provision. SEC. 6. PRESIDENTIAL SIGNING STATEMENTS. The House of Representatives and Senate collectively shall enjoy standing to file a declaratory judgment action in an appropriate Federal district court to challenge the constitutionality of a presidential signing statement that declares the President's intent to disregard provisions of a bill he has signed into law because he believes they are unconstitutional. SEC. 7. KIDNAPPING, DETENTIONS, AND TORTURE ABROAD. No officer or agent of the United States shall kidnap, imprison, or torture any person abroad based solely on the President's belief that the subject of the kidnapping, imprisonment, or torture is a criminal or enemy combatant; provided that kidnapping shall be permitted if undertaken with the intent of bringing the kidnapped person for prosecution or interrogation to gather intelligence before a tribunal that meets international standards of fairness and due process. A knowing violation of this section shall be punished as a felony punishable by a fine or imprisonment of up to 2 years. SEC. 8. JOURNALIST EXCEPTION TO ESPIONAGE ACT. Nothing in the Espionage Act of 1917 shall prohibit a journalist from publishing information received from the executive branch or Congress unless the publication would cause direct, immediate, and irreparable harm to the national security of the United States. SEC. 9. USE OF SECRET EVIDENCE TO MAKE FOREIGN TERRORIST DESIGNATIONS. Notwithstanding any other law, secret evidence shall not be used by the President or any other member of the executive branch to designate an individual or organization with a United States presence as a foreign terrorist or foreign terrorist organization for purposes of the criminal law or otherwise imposing criminal or civil sanctions.

Summary: American Freedom Agenda Act of 2007 - Repeals the Military Commissions Act of 2006. Authorizes the President to establish military commissions for the trial of war crimes only in places of active hostilities against the United States where an immediate trial is necessary to preserve fresh evidence or to prevent local anarchy. Prohibits the President from detaining any individual indefinitely as an unlawful enemy combatant absent proof by substantial evidence that the individual has directly engaged in active hostilities against the United States. Prohibits the detention of any U.S. citizen as an unlawful enemy combatant. Entitles any individual detained as an enemy combatant by the United States to petition for a writ of habeas corpus. Prohibits any civilian or military tribunal of the United States from admitting as evidence statements extracted from the defendant by torture or coercion. Prohibits any federal agency from gathering foreign intelligence in contravention of the Foreign Intelligence Surveillance Act. Subordinates the President's constitutional power to gather foreign intelligence to such prohibition. Gives the House of Representatives and Senate standing to file a declatory judgment action in an appropriate federal district court to challenge the constitutionality of a presidential signing statement that declares the president's intent to disregard provisions of a bill he has signed into law because he believes they are unconstitutional. Prohibits any U.S. officer or agent from kidnapping, imprisoning, or torturing any person abroad based soley on the president's belief that the subject of the action is a criminal or enemy combatant. Allows kidnapping if undertaken with the intent of bringing the kidnapped person for prosecution or interrogation to gather intelligence before a tribunal that meets international standards of fairness and due process. Provides that nothing in the Espionage Act of 1917 shall prohibit a journalist from publishing information received from the executive branch or Congress unless the publication would cause direct, immediate, and irreparable harm to U.S. national security. Prohibits the use of secret evidence by the President or any other member of the executive branch to designate an individual or organization with a U.S. presence as a foreign terrorist or foreign terrorist organization for purposes of the criminal law or civil sanctions.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Creating Opportunities for Military Members to Use Transportation Efficiently Act of 2014'' or the ``COMMUTE Act of 2014''. SEC. 2. MILITARY COMMUNITY INFRASTRUCTURE PROGRAM. (a) Establishment.--Not later than 6 months after the date of enactment of this Act, the Secretary shall establish a Military Community Infrastructure Program under which the Secretary may provide grants to eligible entities for transportation infrastructure improvement projects in military communities. (b) Application.--To be eligible for a grant under the Program, an eligible entity shall submit to the Secretary an application at such time, in such form, and containing such information as the Secretary may require. (c) Eligible Projects.-- (1) In general.--Grants awarded under the Program may be used for transportation infrastructure improvement projects, including-- (A) the construction of roads; (B) the construction of mass transit and parking facilities; (C) the construction of, or upgrades to, pedestrian access and bicycle access; and (D) upgrades to public transportation systems. (2) Location.--To be eligible for a grant under the Program, a project described in paragraph (1) shall be-- (A) related to improving access to a military installation, as determined by the Secretary; and (B) in a location that is-- (i) within or abutting an urbanized area (as designated by the Bureau of the Census); and (ii) designated as a growth community by the Office of Economic Adjustment. (d) Considerations.--In awarding grants under the Program, the Secretary shall give consideration to-- (1) the magnitude of the problem addressed by the project; (2) the proportion of the problem addressed by the project that is caused by military installation growth since the year 2000; (3) the number of servicemembers and civilian employees of the Department of Defense affected by the problem addressed by the project; (4) the size of the community affected by the problem addressed by the project; (5) the ability of the relevant eligible entity to execute the project; and (6) the extent to which the project resolves the transportation problem addressed. (e) Federal Share.--The Federal share of the cost of a project carried out using grant amounts made available under the Program may not exceed 80 percent. SEC. 3. TRAFFIC IMPACT STUDY. (a) In General.--Not later than 1 year after the date of enactment of this Act, the Secretary shall conduct a traffic impact study for any urbanized area (as designated by the Bureau of the Census) that expects a significant increase in traffic related to a military installation within or abutting the urbanized area. (b) Contents.--A traffic impact study under subsection (a) shall determine any transportation improvements needed because of an increase in the number of military personnel, including study of commute sheds affected by installation-related traffic. (c) Consultation.--In developing a traffic impact study under subsection (a), the Secretary shall consult with-- (1) the metropolitan planning organization or regional transportation planning organization with jurisdiction over the urbanized area; and (2) the commander of the appropriate military installation. SEC. 4. DEFINITIONS. In this Act: (1) Eligible entity.--The term ``eligible entity'' means-- (A) a State or political subdivision thereof; (B) an owner or operator of public transportation; (C) a local governmental authority (as such term is defined in section 5302 of title 49, United States Code); (D) a metropolitan planning organization; or (E) a regional transportation planning organization. (2) Metropolitan planning organization and regional transportation planning organization.--The terms ``metropolitan planning organization'' and ``regional transportation planning organization'' have the meanings given those terms in section 134(b) of title 23, United States Code. (3) Secretary.--The term ``Secretary'' means the Secretary of Defense, acting through the Director of the Office of Economic Adjustment. (4) State.--The term ``State'' means each of the several States, the District of Columbia, and any territory or possession of the United States. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated, to carry out this Act, $200,000,000 for fiscal year 2015 and $100,000,000 for each of fiscal years 2016 through 2019, to remain available until expended.

Summary: Creating Opportunities for Military Members to Use Transportation Efficiently Act of 2014 or the COMMUTE Act of 2014 - Directs the Secretary of Defense, acting through the Director of the Office of Economic Adjustment, to establish a Military Community Infrastructure Program to provide grants to a state or political subdivision, a public transportation owner or operator, a local governmental authority, a metropolitan planning organization (MPO), or a regional transportation planning organization for transportation infrastructure improvement projects in military communities. Directs the Secretary to conduct a traffic impact study for any urbanized area that expects a significant increase in traffic due to a military installation within or abutting such area.


SECTION 1. AMENDMENTS RELATED TO SUPPLEMENTAL WATER SUPPLY AND FUNDING. (a) Supplemental Water Supply.--Section 106(a) of the San Luis Rey Indian Water Rights Settlement Act (Public Law 100-675; 102 Stat. 4000) is amended to read as follows: ``(a) Obligation To Arrange for Development of Water for Bands and Local Entities.-- ``(1) To provide a supplemental water supply for the benefit of the Bands and the local entities, subject to the provisions of the settlement agreement, the Secretary shall-- ``(A) arrange for the development of not more than 16,000 acre-feet per year of supplemental water from public lands within the boundaries of the State of California outside the service area of the Central Valley Project; ``(B) obtain not more than 16,000 acre-feet per year either from water conserved by the works authorized in title II, or through contract with the Metropolitan Water District of Southern California; or ``(C) construct that portion of the works authorized in title II that is necessary to conserve 16,000 acre-feet of water per year, and arrange to deliver such water to the Bands and the local entities by exchange or through contract with the Metropolitan Water District of Southern California and other parties with conveyance facilities. ``(2) Except as provided in subsection (d)(3), the right to the 16,000 acre-feet of water per year provided pursuant to paragraph (1) shall be held in perpetuity by the United States in trust for the San Luis Rey Indian Water Authority and shall be subject to the provisions of this title and of the settlement agreement governing the use and disposition of supplemental water. The use of such water shall not be subject to the provisions of section 204. Nothing in this section or any other provision of this title shall authorize the construction of any new dams, reservoirs, or surface water storage facilities.''. (b) Authorization of Appropriations.--Section 106(d) of such Act is amended to read as follows: ``(d) Cost of Developing and Delivering Water.-- ``(1) Use of federal funds.--There are authorized to be appropriated such funds as may be necessary to construct that portion of the works authorized in title II that is necessary to conserve 16,000 acre-feet of water per year. Neither the costs of delivering supplemental water nor the costs of operating, maintaining, and replacing the works necessary to conserve 16,000 acre-feet of water per year once those works have been constructed shall be borne by the United States, and no Federal appropriations are authorized for those purposes. ``(2) Operation and maintenance determination.--The Secretary shall determine the impact of the works constructed pursuant to subsection (a)(1)(C) on the cost of operation and maintenance and the existing regulating and storage capacity of the All American Canal and its Coachella Branch. If the works result in any added operation and maintenance costs which exceed the benefits derived from increasing the regulating and storage capacity of the canals to the Imperial Irrigation District or the Coachella Valley Water District, the Indian Water Authority and the local entities shall reimburse the agency which experiences such additional costs on an annual basis pursuant to the Secretary's determination. ``(3) Obligation to maintain conservation provided by works.--The right to 16,000 acre-feet of water per year obtained by the construction of the works described in subsection (a)(1)(C), although perpetual in nature, is subject to the works described in subsection (a)(1)(C) being maintained so as to continue to conserve 16,000 acre-feet of water per year as compared to the situation that existed prior to the construction of those works. The Secretary shall determine the amount of water so conserved by said works on an ongoing basis, and shall allow said water to be delivered to the Indian Water Authority and the local entities only to the extent that said water has actually been so conserved by said works.''. (c) Limitation on Funds.--Section 203(e)(1) of such Act is amended to read as follows: ``(1) Except as provided in section 106(d), no Federal funds may be used for construction of the works described in subsection (a)(1).''. (d) Beneficial Use in California.--Section 204(b) of such Act is amended to read as follows: ``(b) Beneficial Use in California.-- ``(1) The water identified in subsection (a) (other than that provided pursuant to section 106(a)) shall be made available, subject to the approval requirement established in section 203(c)(3), for consumptive use by California Contractors within their service areas according to their priorities under the Seven Party Agreement. ``(2) If the water made available under paragraph (1) is used during the term of the funding agreements by a California Contractor other than a Participating Contractor, or a Participating Contractor in an amount in excess of its proportionate share as measured by the amount of its contributed funds in relation to the total contributed funds, such contractor shall reimburse the Participating Contractors in an amount equal to the sum of-- ``(A) the annualized amounts of their respective contributions which funded the conservation of water so used; ``(B) any added costs of operation and maintenance as determined in section 203(b); and ``(C) related mitigation costs under section 203(a)(2). ``(3) Reimbursements made pursuant to paragraph (3) shall be based on the costs each Participating Contractor incurs in contributing funds, its total contribution, and the life of the works.''.

Summary: Amends the San Luis Rey Indian Water Rights Settlement Act to direct the Secretary of the Interior, as an alternative by which to provide a supplemental water supply for the benefit of certain Mission Indian Bands in San Diego County, California, and the City of Escondido, California, the Escondido Mutual Water Company, and the Vista Irrigation District (local entities) to construct that portion of the All-American Canal Lining that is necessary to conserve 16,000 acre-feet of water per year and arrange to deliver such water to the Bands and such local entities by exchange or through contract with the Metropolitan Water District of Southern California and other parties with conveyance facilities. Requires the right to such water to be held in perpetuity by the United States in trust for the San Luis Rey Indian Water Authority subject to such Act and the settlement agreement governing the use and disposition of supplemental water. Authorizes appropriations for such construction, but prohibits Federal funding for operating, maintenance, or replacement costs. Directs the Secretary to determine the impact of such works constructed on the cost of operation and maintenance and the existing regulating and storage capacity of the All-American Canal and its Coachella Branch. Requires, if the works result in any added operation and maintenance costs which exceed the benefits derived from increasing the regulating and storage capacity of the canals to the Imperial Irrigation District or the Coachella Valley Water District, the Indian Water Authority and the local entities shall reimburse the agency which experiences such additional costs on an annual basis pursuant to the Secretary's determination. States that the right to 16,000 acre-feet of water per year obtained by such construction is subject to such works being maintained so as to continue to conserve 16,000 acre-feet of water per year as compared to the situation that existed prior to the construction. Provides for the Secretary to determine the amount of water so conserved on an ongoing basis and to allow only such water as has actually been conserved to be delivered to the Indian Water Authority and the local entities.


SECTION 1. SHORT TITLE. This Act may be cited as the ``The Enhanced Rescission/Receipts Act of 1993''. SEC. 2. LEGISLATIVE LINE ITEM VETO RESCISSION AUTHORITY. (a) In General.--Notwithstanding the provisions of part B of title X of The Congressional Budget and Impoundment Control Act of 1974, and subject to the provisions of this section, the President may rescind all or part of any discretionary budget authority or veto any targeted tax benefit within any revenue bill which is subject to the terms of this Act if the President-- (1) determines that-- (A) such rescission or veto would help reduce the Federal budget deficit; (B) such rescission or veto will not impair any essential Government functions; and (C) such rescission or veto will not harm the national interest; and (2) notifies the Congress of such rescission or veto by a special message not later than twenty calendar days (not including Saturdays, Sundays, or holidays) after the date of enactment of a regular or supplemental appropriation act or a joint resolution making continuing appropriations providing such budget authority or a revenue bill containing a targeted tax benefit. The President shall submit a separate rescission message for each appropriation bill and for each revenue bill under this paragraph. SEC. 3. RESCISSION EFFECTIVE UNLESS DISAPPROVED. (a)(1) Any amount of budget authority rescinded under this Act as set forth in a special message by the President shall be deemed canceled unless, during the period described in subsection (b), a rescission/receipts disapproval bill making available all of the amount rescinded is enacted into law. (2) Any provision of law vetoed under this Act as set forth in a special message by the President shall be deemed repealed unless, during the period described in subsection (b), a rescission/receipts disapproval bill restoring that provision is enacted into law. (b) The period referred to in subsection (a) is-- (1) a congressional review period of twenty calendar days of session during which Congress must complete action on the rescission/receipts disapproval bill and present such bill to the President for approval or disapproval; (2) after the period provided in paragraph (1), an additional ten days (not including Sundays) during which the President may exercise his authority to sign or veto the rescission/receipts disapproval bill; and (3) if the President vetoes the rescission/receipts disapproval bill during the period provided in paragraph (2), an additional five calendar days of session after the date of the veto. (c) If a special message is transmitted by the President under this Act and the last session of the Congress adjourns sine die before the expiration of the period described in subsection (b), the rescission or veto, as the case may be, shall not take effect. The message shall be deemed to have been retransmitted on the first day of the succeeding Congress and the review period referred to in subsection (b) (with respect to such message) shall run beginning after such first day. SEC. 4. DEFINITIONS. As used in this Act: (1) The term ``rescission/receipts disapproval bill'' means a bill or joint resolution which-- (A) only disapproves a rescission of budget authority, in whole, rescinded, or (B) only disapproves a veto of any provision of law that would decrease receipts, in a special message transmitted by the President under this Act. (2) The term ``calendar days of session'' shall mean only those days on which both Houses of Congress are in session. (3) The term ``targeted tax benefit'' means any provision which has the practical effect of providing a benefit in the form of a differential treatment to a particular taxpayer or a limited class of taxpayers, whether or not such provision is limited by its terms to a particular taxpayer or a class of taxpayers. Such term does not include any benefit provided to a class of taxpayers distinguished on the basis of general demographic conditions such as income, number of dependents, or marital status. SEC. 5. CONGRESSIONAL CONSIDERATION OF LEGISLATIVE LINE ITEM VETO RESCISSIONS. (a) Presidential Special Message.--Whenever the President rescinds any budget authority as provided in this Act or vetoes any provision of law as provided in this Act, the President shall transmit to both Houses of Congress a special message specifying-- (1) the amount of budget authority rescinded or the provision vetoed; (2) any account, department, or establishment of the Government to which such budget authority is available for obligation, and the specific project or governmental functions involved; (3) the reasons and justifications for the determination to rescind budget authority or veto any provision pursuant to this Act; (4) to the maximum extent practicable, the estimated fiscal, economic, and budgetary effect of the rescission or veto; and (5) all factions, circumstances, and considerations relating to or bearing upon the rescission or veto and the decision to effect the rescission or veto, and to the maximum extent practicable, the estimated effect of the rescission upon the objects, purposes, and programs for which the budget authority is provided. (b) Transmission of Messages to House and Senate.-- (1) Each special message transmitted under this Act shall be transmitted to the House of Representatives and the Senate on the same day, and shall be delivered to the Clerk of the House of Representatives if the House is not in session, and to the Secretary of the Senate if the Senate is not in session. Each special message so transmitted shall be referred to the appropriate committees of the House of Representatives and the Senate. Each such message shall be printed as a document of each House. (2) Any special message transmitted under this Act shall be printed in the first issue of the Federal Register published after such transmittal. (c) Referral of Rescission/Receipts Disapproval Bills.--Any rescission/receipts disapproval bill introduced with respect to a special message shall be referred to the appropriate committees of the House of Representatives or the Senate, as the case may be. (d) Consideration in the Senate.-- (1) Any rescission/receipts disapproval bill received in the Senate from the House shall be considered in the Senate pursuant to the provisions of this Act. (2) Debate in the Senate on any rescission/receipts disapproval bill and debatable motions and appeals in connection therewith, shall be limited to not more than ten hours. The time shall be equally divided between, and controlled by, the majority leader and the minority leader or their designees. (3) Debate in the Senate on any debatable motions or appeal in connection with such bill shall be limited to one hour, to be equally divided between, and controlled by the mover and the manager of the bill, except that in the event the manager of the bill is in favor of any such motion or appeal, the time in opposition thereto shall be controlled by the minority leader or his designee. Such leaders, or either of them, may, from the time under their control on the passage of the bill, allot additional time to any Senator during the consideration of any debatable motion or appeal. (4) A motion to further limit debate is not debatable. A motion to recommit (except a motion to recommit with instructions to report back within a specified number of days not to exceed one, not counting any day on which the Senate is not in session) is not in order. (e) Points of Order.-- (1) It shall not be in order in the Senate or the House of Representatives to consider any rescission/receipts disapproval bill that relates to any matter other than the rescission of budget authority or veto of the provision of law transmitted by the President under this Act. (2) It shall not be in order in the Senate or the House of Representatives to consider any amendment to a rescission/ receipts disapproval bill. (3) Paragraphs (1) and (2) may be waived or suspended in the Senate only by a vote of three-fifths of the members duly chosen and sworn.

Summary: Enhanced Rescission/Receipts Act of 1993 - Grants the President legislative line item veto rescission authority over appropriation bills and targeted tax benefits in revenue bills. Authorizes the President to rescind all or part of any budget authority if the President determines that such rescission: (1) would reduce the Federal budget deficit; (2) will not impair any essential Government functions; and (3) will not harm the national interest. Requires the President to notify the Congress of such a rescission by special message not later than 20 calendar days after enactment of appropriations or revenue legislation. Makes such a rescission effective unless the Congress, during a review period of 20 calendar days, enacts a rescission/receipts disapproval bill. Describes: (1) information to be included in the President's message; and (2) procedures to govern consideration of rescission/receipts disapproval legislation in the Senate and the House of Representatives.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Consumer Mortgage Protection Act of 2000.'' SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds that-- (1) especially vulnerable consumers are not adequately protected by current Federal law from the abusive practices of a few participants in the residential mortgage industry; (2) additional legislation is necessary and appropriate to ensure that such consumers are better protected against abusive lending practices; and (3) there is a need to streamline the framework regulating mortgage originations. (b) Purpose.--The purpose of this Act is-- (1) to establish additional substantive protections for certain especially vulnerable consumers; (2) to ensure that such consumers are able to protect the equity in their homes; (3) to initiate the process of streamlining the regulatory framework for mortgage originations; and (4) to clarify mortgage broker compensation. SEC. 3. AMENDMENTS TO THE TRUTH IN LENDING ACT. (a) Section 103(aa)(1)(A).--Section 103(aa)(1)(A) of the Truth in Lending Act (15 U.S.C. 1602(aa)(1)(A)) is amended by striking ``by more than 10 percentage points'' and by striking ``creditor; or'' and inserting the following: ``creditor by more than-- ``(i) 8 percentage points, in the case of a transaction secured by a first-lien security interest in the property; or ``(ii) 9 percentage points, in the case of a transaction secured by a subordinate-lien security interest in the property; or''. (b) Section 103(aa)(1)(B)(i).--Section 103(aa)(1)(B)(i) of the Truth in Lending Act (15 U.S.C. 1602(aa)(1)(B)(i)) is amended by striking ``8 percent'' and inserting ``6 percent, in the case of a transaction secured by a first-lien security interest in the property, or 7 percent, in the case of a transaction secured by a subordinate- lien security interest in the property''. (c) Section 103(aa)(4).--Section 103(aa)(4) of the Truth in Lending Act (15 U.S.C. 1602(aa)(4)) is amended by striking ``For purposes of paragraph (1)(B),'' and inserting ``For purposes of paragraph (1)(B) and section 129(h) of this Act''. (d) Section 103(aa)(5).--Section 103(aa)(5) of the Truth in Lending Act (15 U.S.C. 1602(aa)(5)) is amended by inserting after ``extension of credit'' the following: ``, except as provided in section 129(h) of this Act''. (e) Section 129.--Section 129 of the Truth in Lending Act (15 U.S.C. 1639) is amended by striking subsections (a) and (b), redesignating subsections (c) through (i) as subsections (a) through (g), respectively, and redesignating subsections (j) through (l) as subsections (m) through (o), respectively. (f)(1) Section 129(a)(2).--Section 129(a)(2) of the Truth in Lending Act (15 U.S.C. 1639(a)(2)), as redesignated by subsection (e), is amended by striking subparagraphs (A) and (B) and inserting the following: ``(A) the amount of the penalty does not exceed 3 percent of the total loan amount, if the prepayment occurs during the 1-year period beginning on the date on which the mortgage is consummated; ``(B) the amount of the penalty does not exceed 2 percent of the total loan amount, if the prepayment occurs during the 1-year period beginning on the date of expiration of the 1-year period identified in subparagraph (A); ``(C) the amount of the penalty does not exceed 1 percent of the total loan amount, if the prepayment occurs during the 1-year period beginning on the date of the expiration of the 1-year period identified in subparagraph (B);'', and by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively. (2) Section 129(a)(2)(D).--Section 129(a)(2)(D) of the Truth in Lending Act (15 U.S.C. 1639(a)(2)(D)), as redesignated by subsection (e) and paragraph (1), is amended by striking ``5-year period'' and inserting ``3-year period''. (g) Section 129(e).--Section 129(e) of the Truth in Lending Act (15 U.S.C. 1639(e)), as redesignated by subsection (e), is amended by striking ``more than 2'' and inserting ``any''. (h) Section 129(h).--Section 129 of the Truth in Lending Act (15 U.S.C. 1639) is amended by inserting after section 129(g), as redesignated by subsection (e), the following: ``(h) Restrictions on the Charging of Closing Costs.--A creditor shall not make a mortgage referred to in section 103(aa) the proceeds of which will be used to pay the outstanding balance of an existing mortgage referred to in section 103(aa) within 1 year of the date of consummation of such existing mortgage, unless-- ``(1) all points and fees, imposed directly or indirectly by the creditor in connection with the transaction, are calculated solely on the basis of the new advances received by the borrower in connection with the refinancing; or ``(2) the annual percentage rate of the refinance loan is lower by 2 or more percentage points than the annual percentage rate of the existing mortgage.''. (i) Section 129(i).--Section 129 of the Truth in Lending Act (15 U.S.C. 1639) is amended by inserting after section 129(h), as created by subsection (h), the following: ``(i) No Encouragement of Default.--A creditor shall not recommend to a consumer, at any time in connection with the making of a mortgage referred to in section 103(aa), that the consumer fail to make any payment as and when due and payable under the terms of any existing debt obligation of the consumer.''. (j) Section 129(j).--Section 129 of the Truth in Lending Act (15 U.S.C. 1639) is amended by inserting after section 129(i), as created by subsection (i), the following: ``(j) Reporting of Payment History.--A creditor shall report both favorable and unfavorable payment history information relating to any consumer of a mortgage referred to in section 103(aa) to a nationally recognized credit bureau at least quarterly each year.''. (k) Section 129(k).--Section 129 of the Truth in Lending Act (15 U.S.C. 1639) is amended by inserting after section 129(j), as created by subsection (j), the following: ``(k) No Profit From Foreclosure.--A creditor shall not profit monetarily from the sale at foreclosure of any property securing a mortgage referred to in section 103(aa), whether directly from such a foreclosure sale or indirectly through a resale after the purchase of the property by the creditor at such a foreclosure sale.''. (l) Section 129(l).--Section 129 of the Truth in Lending Act (15 U.S.C. 1639) is amended by inserting after section 129(k), as created by subsection (k), the following: ``(l) Providing a Statement of the Amount of Satisfaction.--Upon receipt of a written or oral request, a creditor or any subsequent assignee who holds a mortgage referred to in section 103(aa) shall provide a written statement setting forth the amounts necessary to pay in full and satisfy the debt obligation of a mortgage referred to in section 103(aa) within 3 business days of receipt of the request.''. (n) Section 130(b).--Section 130(b) of the Truth in Lending Act (15 U.S.C. 1640(b)) is amended by striking all after ``the creditor or assignee notifies the person concerned of the error and'' and inserting ``the creditor or assignee-- ``(1) in the case of a failure to comply consisting of a finance charge or annual percentage rate actually disclosed that is lower than that which should have been disclosed, makes whatever adjustments in the appropriate account are necessary to ensure that the person will not be required to pay an amount in excess of the charge actually disclosed, or the dollar equivalent of the annual percentage rate actually disclosed, whichever is lower; or ``(2) in the case of any other failure to comply, executes and offers to the person for execution a legally effective instrument that modifies the underlying transaction such that the failure to comply is eliminated.''. SEC. 4. AMENDMENTS TO THE REAL ESTATE SETTLEMENT PROCEDURES ACT. (a) Section 4(a).--The second sentence of section 4(a) of the Real Estate Settlement Procedures Act (12 U.S.C. 2603(a)) is amended by striking ``Such form shall conspicuously and clearly itemize all charges imposed upon the borrower and all charges imposed upon the seller in connection with the settlement and'' and inserting ``Such form shall conspicuously and clearly itemize all charges imposed directly upon the borrower and all charges imposed directly upon the seller (whether paid outside of closing or otherwise) in connection with the settlement. This subsection shall not be construed to require that the standard form shall itemize fees earned by any settlement service provider in connection with the transaction to the extent such fees are paid by the lender and reflect the present value of interest yielded by the federally related mortgage loan. Such form also''. (b) Section 5(b).--Section 5(b) of the Real Estate Settlement Procedures Act (12 U.S.C. 2604(b)) is amended by striking ``and'' at the end of paragraph (4), striking the period at the end of paragraph (5) and inserting ``; and'' and by adding after paragraph (5) the following: ``(6) an explanation of the fact that a mortgage broker may be compensated for its services provided in connection with the federally related mortgage loan with funds derived from (A) direct payments made by the borrower, (B) payments made by the lender that reflect the present value of interest yielded by the federally related mortgage loan, or (C) a combination of both the foregoing sources.''. (c)(1) Section 5(c).--Section 5(c) of the Real Estate Settlement Procedures Act (12 U.S.C. 2604(c)) is amended by striking ``the borrower is likely to incur'' and inserting ``likely to be imposed directly upon the borrower''. (2) Section 5(c).--Section 5(c) of the Real Estate Settlement Procedures Act (12 U.S.C. 2604(c)) is amended by inserting after paragraph (6) at the end thereof the following: ``The good faith estimate required by this subsection shall include the following statement in conspicuous type size: `If you obtain this loan, the lender will have a mortgage on your home. You could lose your home, and any money you have put into it, if you do not meet your obligations under the loan.'''. SEC. 5. FEDERAL PREEMPTION. (a) In General.--No requirement or prohibition may be imposed under the laws of any State with respect to the subject matter covered by the amendments made by this Act, including limitations or prohibitions in connection with high-cost or high-fee mortgage loans for which it is perceived that consumers should be afforded additional substantive protections. (b) Interpretation.--In response to a request from any person, the Board of Governors of the Federal Reserve System or any official or employee of the Board of Governors of the Federal Reserve System duly authorized by the Board, shall promptly issue an interpretation which determines whether the specific State laws that are identified in such request are preempted by operation of subsection (a). Any interpretation issued under this subsection shall have the effect of law. SEC. 6. EFFECTIVE DATE; IMPLEMENTING REGULATIONS. (a) Effective Date.--This Act and the amendments made by this Act shall take effect 6 months after the date of its enactment. (b) Regulations by the Board.--The Board of Governors of the Federal Reserve System shall make such regulations as are necessary to implement the amendments made by section 3 within 120 days after the date of its enactment. (c) Regulations by the Secretary of Housing and Urban Development.--The Secretary of Housing and Urban Development shall make such regulations as are necessary to implement the amendments made by section 4 within 120 days after the date of its enactment.

Summary: (Sec. 3) Requires a creditor to report a consumer's mortgage payment history to a nationally recognized credit bureau at least quarterly. Prohibits creditor profit from the sale at foreclosure of property securing a high-cost mortgage. Requires a high-cost mortgage creditor to respond within three business days to a request for a written statement setting forth the amounts necessary to fully satisfy the debt obligation. Redraws creditor liability guidelines. (Sec. 4) Amends the Real Estate Settlement Procedures Act to revise guidelines for: (1) standard Federal forms for the statement of settlement costs; and (2) information booklets that advise the consumer of certain sources of mortgage broker compensation. (Sec. 5) Establishes Federal preemption of State law concerning subject matter under this Act. Empowers the Board of Governors of the Federal Reserve System to interpret Federal preemption issues under this Act.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Broadband Internet Regulatory Relief Act of 1999''. SEC. 2. DEFINITIONS. (a) In General.--Section 3 of the Communications Act of 1934 (47 U.S.C. 153) is amended by-- (1) redesignating paragraph (1) through (51) as paragraphs (3) through (53), respectively; (2) inserting before paragraph (3), as redesignated, the following: ``(1) Advanced service.--The term `advanced service' means a communications service or combination of such services providing a digitally encoded signal downstream from a provider to a consumer at a rated speed of 200 kilobits per second or above and upstream from a consumer to a provider at a rated speed of 128 kilobits per second or above for access to the Internet or other interstate information and data services. ``(2) Advanced service provider.--The term `advanced service provider' means any provider of advanced services.''; (3) redesignating paragraphs (19) through (53), as redesignated by paragraph (1) of this subsection, as paragraphs (20) through (54), respectively; and (4) inserting before paragraph (20), as redesignated by paragraph (3) of this subsection, the following: ``(19) DSL-capable loop.--The term `DSL-capable loop' means a loop capable of transporting an advanced service.''. (b) Conforming Amendment.--Section 271(c)(1)(A) of the Communications Act of 1934 (47 U.S.C. 271(c)(1)(A)) is amended by striking ``3(47)(A),'' and inserting ``3(50)(A),''. SEC. 3. REGULATION OF ADVANCED SERVICE. (a) In General.--Part II of title II of the Communications Act of 1934 (47 U.S.C. 251 et seq.) is amended by adding at the end thereof the following: ``SEC. 262. PROVISION OF ADVANCED SERVICE BY INCUMBENT LOCAL EXCHANGE CARRIER. ``(a) In General.--Nothwithstanding section 2(b) of this Act, or any other provision of law, an incumbent local exchange carrier shall not be subject to the requirements of-- ``(1) section 251(c)(3) with respect to facilities and equipment used exclusively to provide advanced service; and ``(2) section 251(c)(4) for the provision of advanced service, in any State in which 70 percent of the incumbent local exchange carrier's loops in its service territory are DSL-capable, as determined by that State. ``(b) Pricing Flexibility.-- ``(1) Competition for advanced service.--Except as provided in paragraph (4), the prices, terms, and conditions of any advanced service by an incumbent local exchange carrier shall not be subject to regulation if the Commission determines that advanced service is being offered by an unaffiliated advanced service provider in competition with the incumbent local exchange carrier within a geographic area served by a central office. ``(2) Petition.--An incumbent local exchange carrier seeking pricing flexibility under paragraph (1) may file a petition with the Commission seeking such relief. A petition under this paragraph is deemed to have been approved if the Commission does not act on it within 30 days after it is filed. ``(3) Unconditional relief.--If the Commission determines under paragraph (1) that advanced service is being offered by an unaffiliated provider in the manner described in that paragraph, the Commission shall approve the petition of the incumbent local exchange carrier unconditionally. ``(4) Advanced service outside an incumbent's territory.-- The rates, terms, and conditions of advanced service offered by an incumbent local exchange carrier or its affiliate are not subject to regulation in any geographic area in which that carrier, its successor, or assigns was not the local incumbent exchange carrier on February 8, 1996. ``(5) Schedule of charges.--For any advanced service that has not been determined by the Commission to be subject to competition under paragraph (1), the incumbent local exchange carrier furnishing such advanced service shall file with the Commission a schedule of charges and practices for such advanced service in a manner prescribed by the Commission under section 204. Any such schedule of charges and practices shall be deemed lawful and shall be effective 2 days after the date on which it was filed with the Commission unless the Commission takes action under section 204(a)(1) before the end of that 2- day period. ``(c) Definition of Incumbent Local Exchange Carrier.--For purposes of this section, the term `incumbent local exchange carrier' has the meaning given to that term by section 251(h). ``SEC. 263. PROVISION OF ADVANCED SERVICE NOT SUBJECT TO CERTAIN RESALE REQUIREMENTS. ``Notwithstanding section 2(b), or any other provision of law, section 251(b)(1) does not apply to a local exchange carrier with respect to its provision of advanced service.''.

Summary: Broadband Internet Regulatory Relief Act of 1999 - Amends the Communications Act of 1934 to mandate that an incumbent local exchange carrier shall not be subject to Federal requirements concerning: (1) facilities and equipment used exclusively to provide advanced communications service; and (2) the provision of such service in any State in which 70 percent of such carrier's loops in its service territory are DSL-capable (capable of transporting an advanced service). Provides that the prices, terms, and conditions of any advanced service by such a carrier shall not be subject to Federal regulation if the Federal Communications Commission (FCC) determines that advanced service is being offered by an unaffiliated provider in competition with such carrier within a geographic area served by a central office. States that prices, terms, and conditions offered by a carrier or an affiliate shall not be subject to FCC regulation in an area in which such carrier was not the carrier on February 8, 1996. Requires carriers not subject to regulation to file with the FCC a schedule of charges and practices. Provides that the duty not to prohibit or impose unreasonable or discriminatory conditions on the resale of telecommunications services shall not apply to such a carrier with respect to its provision of advanced service.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Madera Water Supply Enhancement Act''. SEC. 2. DEFINITIONS. For the purposes of this Act: (1) The term ``District'' means the Madera Irrigation District, Madera, California. (2) The term ``Project'' means the Madera Water Supply Enhancement Project, a groundwater bank on the 13,646 acre Madera Ranch in Madera, California, owned, operated, maintained, and managed by the District that will plan, design, and construct recharge, recovery, and delivery systems able to store up to 250,000 acre-feet of water and recover up to 55,000 acre-feet of water per year. (3) The term ``Secretary'' means the Secretary of the United States Department of the Interior. (4) The term ``total cost'' means all reasonable costs, such as the planning, design, permitting, financing, and construction of the Project and the fair market value of lands used or acquired by the District for the Project. The total cost of the Project shall not exceed $90,000,000. SEC. 3. NO FURTHER STUDIES OR REPORTS. (a) Findings.--Congress finds that the Bureau of Reclamation and others have conducted numerous studies regarding the Project, including, but not limited to the following: (1) Bureau of Reclamation Technical Review Groups Final Findings Memorandum, July 1997. (2) Bureau of Reclamation Madera Ranch Artificial Recharge Demonstration Test Memorandum, December 1997. (3) Bureau of Reclamation Madera Ranch Groundwater Bank Phase 1 Report, 1998. (4) Draft Memorandum Recommendations for Phase 2 Geohydrologic Work, April 1998. (5) Bureau of Reclamation Madera Ranch Water Banking Proposal Economic Analysis--MP-340. (6) Hydrologic Feasibility Report, December 2003. (7) Engineering Feasibility Report, December 2003. (8) Feasibility Study of the Preferred Alternative, Water Supply Enhancement Project, 2005. (9) Engineering Feasibility Report, June 2005. (10) Report on Geologic and Hydrologic Testing Program for Madera Ranch. (11) Engine Driver Study, June 2005. (12) Wetlands Delineation, 2000, 2001, 2004, and 2005. (13) Madera Ranch Pilot Recharge: Interim Technical Memorandum, May 2005. (14) Integrated Regional Water Management Plan, July 2005. (15) Certified California Environmental Quality Act (CEQA) Environmental Impact Report (EIR), September 2005. (16) Baseline Groundwater Level Monitoring Report, January 2006. (17) Final Appraisal Study, Madera Irrigation District Water Supply Enhancement Project, October 2006. (18) WDS Groundwater Monitoring Status Report to Madera Ranch Oversight Committee, November 2006. (b) No Further Studies or Reports.--Pursuant to the Reclamation Act of 1902 (32 Stat. 388) and Acts amendatory thereof and supplemental thereto, the Project is feasible and the Bureau of Reclamation shall not conduct any further studies or reports related to determining the feasibility of the Project. SEC. 4. COOPERATIVE AGREEMENT. All planning, design, and construction of the Project authorized by this Act shall be undertaken in accordance with a cooperative agreement between the Secretary and the District for the Project. Such cooperative agreement shall set forth in a manner acceptable to the Secretary and the District the responsibilities of the District for participating, which shall include-- (1) engineering and design; (2) construction; and (3) the administration of contracts pertaining to any of the foregoing. SEC. 5. AUTHORIZATION FOR THE MADERA WATER SUPPLY AND ENHANCEMENT PROJECT. (a) Authorization of Construction.--The Secretary, acting pursuant to the Federal reclamation laws (Act of June 17, 1902; 32 Stat. 388), and Acts amendatory thereof or supplementary thereto, as far as those laws are not inconsistent with the provisions of this Act, is authorized to enter into a cooperative agreement through the Bureau with the District for the support of the design, and construction of the Project. (b) Cost Share.--The Federal share of the capital costs of the Project shall not exceed 25 percent of the total cost as defined in section 2(4). Capital, planning, design, permitting, financing, construction, and land acquisition costs incurred by the District prior to the date of the enactment of this Act shall be considered a portion of the non-Federal cost share. (c) In-Kind Services.--In-kind services performed by the District shall be considered a part of the local cost share to complete the Project authorized by subsection (a). (d) Credit for Non-Federal Work.--The District shall receive credit toward the non-Federal share of the cost of the Project for-- (1) reasonable costs incurred by the District as a result of participation in the planning, design, permitting, financing, and construction of the Project; and (2) for the fair market value of lands used or acquired by the District for the Project. (e) Limitation.--The Secretary shall not provide funds for the operation or maintenance of the Project authorized by this section. The operation, ownership, and maintenance of the Project shall be the sole responsibility of the District. (f) Plans and Analyses Consistent With Federal Law.--Before obligating funds for design or construction under this section, the Secretary shall work cooperatively with the District to use, to the extent possible, plans, designs, and engineering and environmental analyses that have already been prepared by the District for the Project. The Secretary shall ensure that such information as is used is consistent with applicable Federal laws and regulations. (g) Title; Responsibility; Liability.--Nothing in this section or the assistance provided under this section shall be construed to transfer title, responsibility or liability related to the Project to the United States. (h) Authorization of Appropriation.--There is authorized to be appropriated to the Secretary to carry out this Act $22,500,000 or 25 percent of the total cost of the Project, whichever is less. SEC. 6. SUNSET. The authority of the Secretary to carry out any provisions of this Act shall terminate 10 years after the date of the enactment of this Act.

Summary: Madera Water Supply Enhancement Act - Finds that: (1) the Bureau of Reclamation and others have conducted numerous studies regarding the Madera Water Supply Enhancement Project, California; (2) the Project is feasible; and (3) the Bureau shall not conduct any further studies or reports related to determining its feasibility. Requires all planning, design, and construction of the Project to be undertaken in accordance with a cooperative agreement between the Secretary and the Madera Irrigation District. Authorizes the Secretary to enter into a cooperative agreement for the support of Project design and construction. Limits the federal share of Project capital costs to 25%. Considers: (1) capital, planning, design, permitting, financing, construction, and land acquisition costs incurred by the District prior to this Act's enactment to be part of the nonfederal share; and (2) in-kind services performed by the District to be part of the local share. Requires the District to receive credit toward the nonfederal share for reasonable costs incurred from participation in the planning, design, permitting, financing, and construction of the Project and for the fair market value of lands used or acquired for the Project. Prohibits the Secretary from providing funds for operation or maintenance. Makes Project operation, ownership, and maintenance the sole responsibility of the District. Directs the Secretary, before obligating funds, to work cooperatively with the District to use plans, designs, and engineering and environmental analyses that have already been prepared by the District. Terminates the Secretary's authority to carry out this Act 10 years after its enactment.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Homeowners' Emergency Mortgage Assistance Act''. SEC. 2. MORTGAGE EMERGENCY ASSISTANCE PROGRAM. (a) In General.--The Secretary shall establish a program to make payments on a mortgage for a 1- to 4-family residence when-- (1) the mortgagee has given the mortgagor notice in accordance with section 3(b) that it intends to foreclose the mortgage; (2) at least 2 full monthly installments due on the mortgage are unpaid after the application of any partial payments that may have been accepted but not yet applied to the mortgage account; (3) the mortgagor is suffering financial hardship due to circumstances beyond the control of the mortgagor which render the mortgagor unable to correct the delinquency on the mortgage and unable to make full mortgage payments before the expiration of the 60-day period beginning on the date that notice was sent to the mortgagor in accordance with section 3(b); (4) there is a reasonable prospect that the mortgagor will be able to resume full mortgage payments not later than 36 months after the beginning of the period for which assistance payments are provided and to pay the mortgage in full by its maturity date or by a later date agreed upon by the mortgagee; (5) the property mortgaged is the mortgagor's principal place of residence; (6) the mortgagor does not own other residential property which is subject to a mortgage; (7) the mortgagor has applied to the Secretary for assistance in accordance with section 4; and (8) the mortgagor has not been more than 60 days in arrears on a residential mortgage within the 2-year period preceding the delinquency for which assistance is requested, unless the mortgagor can demonstrate that the prior delinquency was the result of financial hardship due to circumstances beyond the control of the mortgagor. (b) Effect of Finding of Ineligibility.--If, after reviewing an application for assistance submitted in accordance with section 4, the Secretary determines that the mortgagor has not met the conditions of eligibility described in subsection (a), the mortgagor shall be prohibited from reapplying for assistance under this Act until the expiration of the 6-month period beginning on the date of such determination unless there is a material change in the financial circumstances of the mortgagor. (c) Determination Relating to Financial Hardship.--In determining whether a financial hardship (which may be caused by a reduction in income or an increase in expenses, or both) is due to circumstances beyond the control of a mortgagor, the Secretary may consider information regarding the mortgagor's employment record, credit history, and current income. Such circumstances shall include, but not be limited to-- (1) loss of job of a member of the household; (2) salary, wage, or earnings reduction of a member of the household; (3) injury, disability, or illness of a member of the household; (4) divorce or separation in the household; or (5) death of a member of the household. (d) Housing Counseling Agencies.--The Secretary shall designate and approve nonprofit housing counseling agencies in each State to be available to assist the Secretary in implementing the program established pursuant to subsection (a) of this section and to section 4(b)(1)(A). Nonprofit housing agencies designated and approved under this subsection shall provide assistance to an eligible mortgagor during the entire period that such mortgagor receives assistance under this Act. SEC. 3. LEGAL ACTION. (a) Conditions Under Which Legal Action Is Prohibited.--Except as otherwise provided in the Act, a mortgagee of a mortgage for a 1- to 4- family residence may not accelerate the maturity of or commence any legal action regarding such a mortgage (including, but not limited to, mortgage foreclosure to recover under such obligation) or take possession of any security of the mortgagor for such mortgage obligation unless the mortgagee has sent to the mortgagor notice pursuant to subsection (b). In addition, the mortgagee may not take such action-- (1) before the expiration of the 30-day period beginning on the date that notice of the intent to take such action was sent to the mortgagor in accordance with subsection (b); (2) before the expiration of the 30-day period beginning on the date of the initial meeting between the mortgagor and an approved counseling agency held in accordance with section 4(a); (3) if an application for such assistance under this Act has been submitted to the Secretary on behalf of the mortgagor and such application-- (A) is pending; or (B) has been approved but payments have not yet been made toward the mortgage; or (4) if payment toward the mortgage is being made under this Act. (b) Requirements of Notice.--The Secretary shall issue regulations that include, but are not limited to, a uniform notice under this section. Such notice shall be in plain language and shall-- (1) inform the mortgagor in large bold type that he or she may be eligible for temporary assistance in making mortgage payments; (2) include an explanation of the mortgage assistance program under this Act; (3) inform the mortgagor that to apply for mortgage assistance, he or she shall attend a meeting in accordance with section 4(a) within 30 days of the date of the notice; (4) include the legal action intended and the basis therefore; (5) include a list of approved counseling agencies located in the State in which the mortgagor resides; (6) be sent via first class mail to the last known address of the mortgagor; and (7) be subject to such other requirements as prescribed by the Secretary. SEC. 4. APPLICATION FOR ASSISTANCE. (a) Meeting.-- (1) In general.--To apply for assistance under this Act, not later than 30 days after receiving notice in accordance with section 3(b), a mortgagor shall attend a face-to-face meeting with the mortgagee or an approved counseling agency to attempt to prevent legal action for which the notice was sent by restructuring the mortgage payment schedule. A meeting under this paragraph may be conducted over the telephone under circumstances prescribed by the Secretary. (2) Notice.--If the mortgagor meets with the approved counseling agency within the period specified in paragraph (1), the approved counseling agency shall send notice of the meeting which includes, but is not limited to, the date of the meeting, to the mortgagee not later than 5 business days after the meeting. (b) Preparation; Submission.-- (1) In general.--If the mortgagor is not able to resolve the default and prevent foreclosure before the expiration of the 30-day period beginning on the date of the meeting, the mortgagor may file an application for mortgage assistance under this Act. At the request of the mortgagor, an approved counseling agency shall-- (A) assist the mortgagor in preparing an application for assistance under this Act; and (B) not later than 30 days after the mortgagor initially requests assistance in the preparation of the application, submit the completed application to the Secretary. (2) Fees.--The Secretary may pay approved counseling agencies a fee, in an amount determined by the Secretary, for rendering assistance pursuant to this Act. (c) Notice to Mortgagee.--If the approved counseling agency submits an application for assistance to the Secretary on behalf of a mortgagor, the approved counseling agency shall, not later than 5 business days after submitting the application, inform the mortgagee of the date that the application was submitted. (d) Form; Contents.--An application for assistance under this Act shall be submitted on a form prescribed by the Secretary and shall include a financial statement disclosing all assets and liabilities of the mortgagor, whether singly or jointly held, and all household income regardless of source. (e) Effect of Misrepresentation.--A mortgagor who intentionally misrepresents any financial information in connection with the filing of an application for assistance under this Act may be denied assistance and required to immediately repay any amount of assistance received, and the mortgagee may, at any time thereafter, take any legal action to enforce the mortgage without any further restrictions or requirements under this Act. (f) Availability.--An application for assistance under this Act may be obtained from an approved counseling agency. (g) Determination on Application.-- (1) Time period.--The Secretary shall determine eligibility of a mortgagor for assistance under this Act not later than 60 days after receipt of the application of the mortgagor. (2) Notification.--Not later than 5 business days after making the determination on an application for assistance, the Secretary shall notify the mortgagor and the mortgagee as to whether the application has been approved or disapproved. SEC. 5. ASSISTANCE PAYMENTS BY SECRETARY. (a) Amount To Bring Mortgage Current.--If the Secretary determines that a mortgagor is eligible for assistance under this Act and the Secretary approves such mortgagor for assistance, the Secretary shall pay to the mortgagee from any amounts made available to carry out this Act the full amount due to the mortgagee pursuant to the terms of the mortgage without regard to any acceleration under the mortgage, or the full amount of any alternative mortgage payments agreed to by the mortgagee and mortgagor on the date that the application is approved by the Secretary. This amount shall include the amount of principal, interest, taxes, assessments, ground rents, hazard insurance, any mortgage insurance or credit insurance premiums, and reasonable attorneys' fees incurred by such mortgagee in relation to the arrearage. (b) Monthly Assistance Payments.-- (1) In general.--The Secretary shall make monthly mortgage assistance payments to the mortgagee on behalf of the mortgagor pursuant to this Act. (2) Obligation of the mortgagor.--A mortgagor on whose behalf the Secretary is making the mortgage assistance payments shall pay monthly payments to the Secretary. Such payments shall be in an amount which will cause the mortgagor's total housing expense not to exceed 35 percent of the mortgagor's net effective income. This shall be the maximum amount the mortgagor can be required to pay during the 36 months a mortgagor is eligible for mortgage assistance. (3) Obligation of the secretary.--Upon receipt of this payment from the mortgagor, the Secretary or the Secretary's duly authorized agent shall send the total mortgage payment directly to the mortgagee. (c) Review Upon Delinquency.--If the mortgagor fails to pay to the Secretary any amounts due directly from the mortgagor under this section not later than 15 days after such due date, the Secretary or its designated agent shall review the mortgagor's financial circumstances to determine whether a delinquency in payments due from the mortgagor under this section or section 6 is the result of a change in the mortgagor's financial circumstances since the payment amount was last determined. If the delinquency is not the result of a change in the mortgagor's financial circumstances, the Secretary shall terminate future mortgage assistance payments and the mortgagee may, at any time thereafter, take any legal action to enforce its mortgage without any further restriction or requirement. If the delinquency is the result of such a change, the Secretary shall modify the mortgagor's required payments to the Secretary as the Secretary shall determine. (d) Period for Assistance.--Payments under this Act shall be provided for a period not to exceed 36 months, either consecutively or nonconsecutively. The Secretary shall establish procedures for periodic review of the mortgagor's financial circumstances for the purpose of determining the necessity for continuation, termination, or adjustment of the amount of the payments. SEC. 6. REPAYMENT OF ASSISTANCE. (a) Assistance Loan.--The amount by which the assistance payments made by the Secretary to the mortgagee exceeds the amount of payments made by the mortgagor to the Secretary shall be a loan by the Secretary to the mortgagor. The loan shall be evidenced by such documents as the Secretary shall determine necessary to protect the interests of the United States. (b) Repayment of Assistance Loan.--Before making assistance payments under this Act on behalf of a mortgagor, the Secretary shall enter into an agreement with the mortgagor for repayment of all mortgage assistance made by the Secretary under section 5, plus interest as provided in subsection (c). The agreement shall provide for monthly payments by the mortgagor to the Secretary which (1) shall begin once the Secretary has determined that continuation of mortgage assistance payments to the mortgagee is unnecessary, and (2) shall be in an amount determined as follows: (1) Housing expense less than 35 percent.--If the mortgagor's total housing expense is less than 35 percent of the mortgagor's net effective income, the mortgagor shall pay to the Secretary the difference between 35 percent of the mortgagor's net effective income and the mortgagor's total housing expense unless otherwise determined by the Secretary after examining the mortgagor's financial circumstances and ability to contribute to repayment of the mortgage assistance. (2) Housing expense greater than 35 percent.--If the mortgagor's total housing expense is more than 35 percent of the mortgagor's net effective income, repayment of the mortgage assistance shall be deferred until the mortgagor's total housing expense is less than 35 percent of the mortgagor's net effective income. (3) When mortgage paid in full.--Notwithstanding paragraphs (1) and (2), if repayment of mortgage assistance is not made by the date that the mortgage is paid in full, the mortgagor shall make mortgage assistance repayments in an amount not less than the previous regular mortgage payment until the mortgage assistance is repaid. (c) Interest.--Interest shall accrue on all mortgage assistance made under this Act at the rate determined monthly by the Secretary of the Treasury to be equal to the then current average yield on outstanding 30-year bonds issued by the Secretary of the Treasury under section 3102 of title 31, United States Code, and shall accrue only during the period in which the mortgagor is required to make repayment under this section. (d) Lien To Secure Repayment of Assistance.--Repayment of amounts owed to the Secretary from a mortgagor shall be secured by a mortgage lien on the property and by such other obligation as the Secretary may require. The lien or other security interest of the Secretary shall not be deemed to take priority over any other secured lien or secured interest in effect against the mortgagor's property on the date assistance payments begin. The Secretary may allow subordination of the mortgage assistance lien only if such subordination is necessary to permit the mortgagor to obtain a home improvement loan for repairs necessary to preserve the property. (e) Time for Repayment.--Payments under this section shall be made by the mortgagor to the Secretary not later than 14 days after each mortgage payment is due under the mortgage (or in the case of repayment after the mortgage has been paid in full, not later than the date the mortgage payments were due under the mortgage). SEC. 7. DEFINITIONS. For the purposes of this Act, the following definitions apply: (1) Approved counseling agency.--The term ``approved counseling agency'' means a nonprofit housing counseling agency approved by the Secretary pursuant to section 2(e). (2) Gross household income.--The term ``gross household income'' means the total income of a mortgagor, the mortgagor's spouse, children residing in the same residence as the mortgagor, and any other person living in such residence that is declared by the mortgagor as a dependent for Federal income tax purposes. (3) Household.--The term ``household'' means a mortgagor, the mortgagor's spouse, children residing in the same residence as the mortgagor, and any other person living in such residence that is declared by the mortgagor as a dependent for Federal income tax purposes. (4) Housing expense.--The term ``housing expense'' means the sum of the mortgagor's monthly maintenance, utility, and hazard insurance expense, taxes, and required mortgage payments, including escrows. (5) Mortgagee; mortgagor.--The terms ``mortgagee'' and ``mortgagor'' have the meanings given such terms in section 201 of the National Housing Act (12 U.S.C. 1707). (6) Net effective income.--The term ``net effective income'' means the gross household income of the mortgagor, less city, State, and Federal income and social security taxes. (7) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated for each fiscal year such sums as may be necessary to provide assistance under this Act and for costs (as such term is defined in section 502 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a)) of such assistance.

Summary: Homeowners' Emergency Mortgage Assistance Act - Directs the Secretary of Housing and Urban Development to establish a mortgage emergency assistance program for a mortgage for a one- to four-family residence whose mortgagor is temporarily unable to meet payment obligations due to financial hardship beyond the mortgagor's control. Prohibits an mortgagee from accelerating the maturity of or commencing any legal action regarding a mortgage (including foreclosure) or taking possession of any mortgagor security: (1) unless the mortgagee meets certain notice and other specified conditions; or (2) if the mortgagor has applied for or is receiving assistance under this Act. Requires mortgagor repayment of such assistance, plus interest.