SECTION 1. SHORT TITLE. This Act may be cited as the ``Economic Recovery Adjustment Act of 2009''. SEC. 2. FINDINGS. Congress finds that-- (1) the deterioration of financial firms in 2008 and the resulting crisis of confidence in the financial markets have required broad intervention by the Federal Government in the financial sector; (2) the Emergency Economic Stabilization Act of 2008, signed by President Bush on October 3, 2008, included a $700,000,000,000 Troubled Asset Relief Program (or ``TARP'') for the express purpose of ``providing stability to and preventing disruption in the economy and financial system''; (3) the investment and commercial banks and other financial institutions that have received taxpayer-funded bailouts perform public functions supporting the operation of the economy, in addition to their private profit-making functions; (4) reports of billions of dollars in compensation and obligations to executives have eroded public confidence in the TARP, and have caused increasing opposition to other bailout proposals, thereby impeding the Government's ability to address the financial crisis; (5) participation in the TARP and any other Federal Government bailout program should be conditioned on a fair restructuring of executive compensation obligations; (6) taxpayer dollars should not support unreasonable compensation to executives, particularly when in the absence of taxpayer support, such compensation would be reduced as part of a bankruptcy restructuring or liquidation; and (7) establishing a due process forum will allow the Government to ensure that executive compensation relying on taxpayer funds is fair and reasonable, and that all sides enjoy an opportunity to be heard. SEC. 3. DEFINITIONS. In this Act, the following definitions shall apply: (1) Assisted entity.--The term ``assisted entity'' means any recipient or applicant for assistance under the TARP. (2) Panel.--The term ``Panel'' means the Temporary Economic Recovery Oversight Panel established under section 7. (3) Executive compensation.--The term ``executive compensation'' means wages, salary, deferred compensation, benefits, retirement arrangements, options, bonuses, office fixtures, goods, or other property, travel, or entertainment, vacation expenses, and any other form of compensation, obligation, or expense that is not routinely provided to all other employees of the assisted entity. (4) Office.--The term ``Office'' means the Office of the Taxpayer Advocate, established under section 4. (5) TARP.--The terms ``TARP'' and ``TARP funds'' mean the Troubled Asset Relief Program established under section 101 of the Emergency Economic Stabilization Act of 2008 and funds received thereunder, respectively, or pursuant to any successor program. (6) Secretary.--The term ``Secretary'' means Secretary of the Treasury. SEC. 4. TAXPAYER ADVOCATE. (a) Establishment.--There is established within the Department of Justice, the Office of the Taxpayer Advocate. (b) Advocate.--The Office shall be headed by an Advocate, to be appointed by the Attorney General of the United States for such purpose. (c) Duties.--The Advocate is authorized to conduct ongoing audits and oversight of the recipients of TARP funds with respect to compensation of the officers and directors of such entities. (d) Access to Records.-- (1) In general.--To the extent otherwise consistent with law, the Advocate and the Office shall have access, upon request, to any information, data, schedules, books, accounts, financial records, reports, files, electronic communications, or other papers, things, or property belonging to or in use by the assisted entity and to the officers, directors, employees, independent public accountants, financial advisors, and other agents and representatives thereof (as related to the agent or representative's activities on behalf of or under the authority of the assisted entity) at such reasonable time as Office may request. (2) Copies.--The Advocate may make and retain copies of such books, accounts, and other records as the Advocate deems appropriate for the purposes of this Act. (e) Reporting.--The Advocate shall submit quarterly reports of findings under this Act to the appropriate committees of Congress, the Secretary and the Special Inspector General for the TARP established under the Emergency Economic Stabilization Act of 2008 on the activities and performance of the Office. (f) Audits.--The Office is authorized to conduct an audit of any assisted entity for purposes of this Act. SEC. 5. POWERS OF THE OFFICE. (a) Investigations and Evidence.--The Office may, for purposes of carrying out this Act-- (1) take depositions or other testimony, receive evidence, and administer oaths; and (2) require, by subpoena or otherwise, the attendance and testimony of witnesses and the production of books, records, correspondence, memoranda, papers, and documents. (b) Subpoenas.-- (1) Service.--Subpoenas issued under subsection (a)(2) may be served by any person designated by the Office. (2) Enforcement.-- (A) In general.--In the case of contumacy or failure to obey a subpoena issued under subsection (a)(2), the United States district court for the judicial district in which the subpoenaed person resides, is served, or may be found, or where the subpoena is returnable, may issue an order requiring such person to appear at any designated place to testify or to produce documentary or other evidence. Any failure to obey the order of the court may be punished by the court as a contempt of that court. (B) Additional enforcement.--Sections 102 through 104 of the Revised Statutes of the United States (2 U.S.C. 192 through 194) shall apply in the case of any failure of any witness to comply with any subpoena or to testify when summoned under the authority of this section. (c) Information From Federal Agencies.--The Office may secure directly from any department, agency, or instrumentality of the United States any information related to any inquiry of the Office conducted under this Act. Each such department, agency, or instrumentality shall, to the extent authorized by law, furnish such information directly to the Office, upon request. SEC. 6. EXECUTIVE COMPENSATION AUTHORITY. (a) Negotiated Reductions Authorized.--The Advocate is authorized to assist the Secretary in the negotiation of assistance under the TARP, in order to assure that fair and reasonable executive compensation is paid by entities receiving TARP funds, and to defend any such agreements in the event of any challenge to the adjustments to compensation obligations. If, after an audit authorized by this Act, the Advocate finds reason to believe that any assisted entity would have become insolvent if not for the receipt of assistance under the TARP, the Advocate shall negotiate a reduction in the executive compensation obligations of the assisted entity as a condition of the continuing use or future receipt of such TARP assistance. (b) Form.--Negotiated reductions in compensation under subsection (a)-- (1) may include vested deferred compensation; and (2) shall be in an amount that is fair and reasonable in light of the taxpayers' assistance, but not less than the estimated value of the compensation obligations that would face the estate or debtor-in-possession if the TARP funds had not been granted and the entity had filed for bankruptcy protection. (c) Certification to Adjustment Panel.--The Advocate shall certify the findings of the Office under this section to the Panel. SEC. 7. TEMPORARY ECONOMIC RECOVERY OVERSIGHT PANEL. (a) Establishment.--There is established the Temporary Economic Recovery Oversight Panel. (b) Makeup of Panel.--The Panel shall be comprised of 5 members, appointed by the President for such purpose from among United States bankruptcy court judges. The Secretary shall provide for appropriate space and staff to support the functioning of the Panel. (c) Duties.--The Panel shall-- (1) promptly evaluate each proposed settlement reached under section 6; (2) approve or deny such proposed settlement; and (3) if no settlement is reached under section 6, upon petition of the Advocate or any individual subject to the actions of the Advocate under section 6, issue an order establishing an executive compensation program for such individuals in accordance with this section. (d) Notice and Hearing Required.--The Advocate shall provide adequate notice to all affected persons of its intention to seek an order from the Panel in accordance with this section, and the Panel shall hold an evidentiary hearing on any proposed settlement or petition of the Advocate. (e) Standing.--Under any proceeding before the Panel, any individual whose compensation might be adversely affected by Panel action shall be a party in interest, having full procedural rights, including the right to challenge a settlement between the assisted entity and the Advocate, to challenge the certified findings of the Advocate, or to appeal any order of the Panel. (f) Appeals.--The Advocate and any party having standing before the Panel shall have the right to appeal an order under this Act directly to the United States Court of Appeals for the District of Columbia Circuit. (g) Effective Period.--Any order of the Panel setting forth a reduction in compensation shall be effective 6 months after confirmation, and shall remain in effect while any obligation arising from assistance provided under the TARP remains outstanding.

Summary: Economic Recovery Adjustment Act of 2009 - Establishes within the Department of Justice the Office of the Taxpayer Advocate to conduct audits and oversight of the compensation of the officers and directors of entities assisted under the Troubled Asset Relief Program (TARP). Authorizes the Advocate to assist the Secretary of the Treasury in the negotiation of TARP assistance in order to: (1) assure that fair and reasonable executive compensation is paid by entities receiving TARP funds; and (2) defend such agreements in the event of any challenge to the adjustments to compensation obligations. States that negotiated reductions in compensation under this Act: (1) may include vested deferred compensation; and (2) shall be in an amount that is fair and reasonable in light of the taxpayers' assistance, but not less than the estimated value of the compensation obligations that would face the estate or debtor-in-possession if the TARP funds had not been granted, and the entity had filed for bankruptcy protection. Requires the Advocate to negotiate a reduction in executive compensation obligations as a prerequisite to TARP assistance if, after an audit, the Advocate finds reason to believe that the assisted entity would have become insolvent if not for the receipt of TARP assistance. Establishes the Temporary Economic Recovery Oversight Panel to: (1) either approve or deny a proposed settlement; or (2) upon petition of the Advocate (or of any individual subject to the Advocate's actions), issue an order establishing an executive compensation program if no settlement is reached.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Native American Challenge Demonstration Project Act of 2007''. SEC. 2. PURPOSES. The purposes of this Act are to-- (1) adapt the lessons of foreign aid to underdeveloped economies, such as the experience of the Millennium Challenge Corporation, to the provision of Federal economic development assistance to similarly situated remote Native American communities; (2) provide Federal economic development assistance for Native communities through the Native American Challenge Demonstration Project; (3) administer Federal economic development assistance in a manner that promotes economic growth and the elimination of poverty and strengthens good governance, entrepreneurship, and investment in Native communities; (4) improve the effectiveness of Federal economic development assistance by encouraging the integration and coordination of such assistance in Native American communities; (5) promote sustainable economic growth and poverty reduction policies in Native American communities in a manner that promotes self-determination and self-sufficiency among remote Native American communities while preserving their cultural values; and (6) establish a demonstration project which, if successful, may be broadly applied to other Native American communities in the United States. SEC. 3. DEFINITIONS. In this Act: (1) Eligible entity.--The term `` eligible entity'' means-- (A) the Association of Village Council Presidents, the Bristol Bay Native Association, and the Alaska Federation of Natives applying jointly; (B) in the State of Hawaii, a consortia of local Native Hawaiian community organizations to be determined by the Secretary in consultation with the Secretary of Interior and the Office of Hawaiian Affairs; and (C) in the contiguous states, up to three organizations to be determined by the Secretary in consultation with the Secretary of the Interior, which organizations may be Indian tribes, consortia of Indian tribes, or nongovernmental entities authorized by one or more Indian tribes. (2) Compact.--The term ``compact'' means a binding agreement with the United States pursuant to this Act. (3) Economic development strategy of the eligible entity.-- The term ``economic development strategy of the eligible entity'' means a strategy written by the eligible entity and designed to achieve sustainable economic growth and reduce poverty over a defined period, developed in consultation with public and private sector entities as appropriate to the geographic area and intended beneficiaries of the compact. (4) Indian tribe.--The term ``Indian tribe'' shall have the meaning given the term in section 4(e) of the Indian Self Determination and Education Assistance Act (25 U.S.C. 450 et seq.). (5) Renewal.--The term ``renewal'' means the negotiated extension of a compact. (6) Secretary.--The term ``Secretary'' means the Secretary of Commerce, Office of the Secretary. SEC. 4. NATIVE AMERICAN MILLENNIUM CHALLENGE DEMONSTRATION PROJECT. (a) Establishment.--The Secretary shall establish and implement a demonstration project in the Department of Commerce. (b) Authorization of Assistance.--The Secretary may provide assistance under this section to an eligible entity that enters a compact with the United States pursuant to this Act. (c) Form of Assistance.--Assistance under this section-- (1) shall be provided in the form of funding agreements established by the compacts; (2) may not be provided in the form of loans; and (3) may not be used for gaming activities pursuant to the Indian Gaming Regulatory Act (25 USC 2701 et seq.). (d) Coordination.-- (1) In general.--The provision of assistance under this section shall be coordinated with other Federal economic development assistance programs for Native Americans. (2) Integrated funding.--The Secretary, in cooperation with other Secretaries as appropriate, shall, upon execution of a compact with an eligible entity, authorize the eligible entity to coordinate its federally funded economic development assistance programs in a manner that integrates the program services into a single, coordinated program. (3) Agencies and departments.--The Federal agencies and departments administering economic development assistance programs for Native Americans are the following: (A) Department of Agriculture. (B) Department of Commerce. (C) Department of Energy. (D) Department of Health and Human Services. (E) Department of Housing and Urban Development. (F) Department of the Interior. (G) Small Business Administration. (H) Such other Federal agencies and instrumentalities as the Secretary determines appropriate. (e) Programs Affected.--The programs that may be integrated pursuant to this Act shall include any program under which an Indian tribe is eligible for receipt of funds under a statutory or administrative formula for economic development purposes. (f) Waiver Authority.--Upon receipt of the executed compact, the Secretary shall consult with the eligible entity and the Secretary of each Federal agency or department providing funds to be used to implement the compact in order to identify any waivers of statutory requirements or applicable regulations, policies, or procedures necessary to enable the eligible entity to implement its compact. SEC. 5. NATIVE AMERICAN CHALLENGE COMPACTS. (a) Compacts.--The Secretary shall develop and recommend procedures for considering proposals for compacts submitted by eligible entities. The Secretary may provide assistance to an eligible entity only if the eligible entity enters into an agreement with the United States, to be known as a ``Native American Challenge Compact'', that establishes a multi-year plan for achieving development objectives in furtherance of the purposes of this Act. (b) Eligible Entities-Criteria for Selection.--The Secretary shall develop an application process and criteria for selecting the eligible entities, taking into account-- (1) the purposes of this Act; (2) the economic development strategy of the eligible entity; (3) the remoteness of the reservation or community to be served; (4) its general economic status; (5) poverty rates; and (6) the capacity of the applicant. (c) Assistance for Development of a Compact.--To the extent that funds have been appropriated in advance and are available for this section, the Secretary may enter into contracts with or make grants to any eligible entity for the purposes of facilitating the development and implementation of a compact between the United States and the eligible entity. (d) Duration and Extension.--The term of an initial compact may not exceed five years. An eligible entity and the United States may enter into one or more subsequent compacts in accordance with the requirements of this Act. If a compact is nearing its expiration or has expired, the eligible entity and the United States may renegotiate or extend the compact for as many periods as the parties agree, with each period not exceeding 10 years. (e) Application.--The Secretary shall develop and recommend procedures for considering proposals for compacts submitted by eligible entities. (f) Elements.--In furtherance of the economic development strategy of the eligible entity, the compact shall contain-- (1) a description of the specific objectives for sustainable economic development and the reduction of poverty that the eligible entity and the United States expect to achieve during the term of the compact; (2) a description of the respective roles and responsibilities of the eligible entity and the United States in the achievement of such objectives; (3) a list and description of regular benchmarks to measure progress toward achieving such objectives; (4) an identification of the intended beneficiaries, disaggregated by income level, gender, and age, to the maximum extent practical; and (5) a multi-year financial plan to guide the implementation of the compact, including the estimated level of funding and other contributions by the United States and the eligible entity, proposed mechanisms to execute the plan, and periodic assessments to determine whether the requirements of subparagraphs (1) through (4) are being met. (g) Suspension and Termination of Assistance.-- (1) In general.--The Secretary may suspend or terminate assistance in whole or in part for an entity that has entered a compact with the United States if the Secretary determines that-- (A) the entity has failed to adhere to its responsibilities under the compact, or (B) the entity has engaged in a pattern of actions inconsistent with the purposes of this Act. (h) Reinstatement.--The Secretary may reinstate assistance for an entity only if the Secretary determines that the entity has demonstrated a commitment to correcting each condition for which assistance was suspended or terminated under subsection (f). SEC. 6. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to carry out this Act $20,000,000 for each of fiscal years 2008 through 2012. Any funds authorized but not appropriated may be appropriated in subsequent fiscal years, provided that the cumulative level of funds authorized to be appropriated for Fiscal Year 2008 through 2012 shall not exceed $100,000,000. Sums appropriated under this section shall remain available until expended. (b) Administrative Funds.--Of the funds made available by this Act, no more than 5 percent may be used by the Secretary for administrative expenses and program oversight. SEC. 7. PROGRAM ASSESSMENTS AND REPORTS. (a) Reports of Eligible Entities.--Not later than March 15, 2008, and annually thereafter, each the eligible entity shall prepare and submit to the Secretary a written report regarding the assistance provided under this Act during the previous fiscal year. (b) Report Contents.--A report required under subsection (a) shall include the following: (1) The amount of obligations and expenditures for assistance provided during the prior fiscal year. (2) A description of the programs and activities conducted by the entity in furtherance of its economic development strategy and the purposes of this Act. (3) An assessment of the effectiveness of the assistance provided and progress made by the entity toward achieving its economic development strategy and the purposes of this Act. (4) Other information the eligible entity considers relevant considering the purposes of this Act. (c) Transmittal to Congress.--Not later than May 15, 2008, and annually thereafter, the Secretary shall transmit reports required under subsection (a), with such other information the Secretary considers relevant, to the Committee on Energy and Commerce and the Committee on Natural Resources in the House of Representatives, and the Committee on Indian Affairs, the Committee on Commerce, Science, and Transportation, and the Committee on Energy and Natural Resources in the Senate.

Summary: Native American Challenge Demonstration Project Act of 2007 - Directs the Secretary of Commerce to establish and implement the Native American Challenge Demonstration Project through which federal economic development assistance may be provided for certain Native American communities. Authorizes the Secretary to provide such assistance to eligible entities that enter into Native American Challenge Compacts with the United States pursuant to this Act. Requires that Compacts establish a multi-year plan for achieving development objectives in furthering the purposes of this Act, including to adapt the lessons of foreign aid to underdeveloped economies to the provision of federal economic development assistance to similarly situated remote Native American communities.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Civic Justice Corps Act of 2011''. SEC. 2. PURPOSE. The purpose of this Act is to develop, implement, and expand educational and work experience opportunities for court-involved, previously incarcerated, and otherwise disadvantaged youth and young adults through service and conservation corps and other community-based service organizations. SEC. 3. FINDINGS. The Congress finds as follows: (1) On any given day, more than 500,000 juvenile court cases in the United States end in incarceration or probation. (2) The per diem cost of locking up one young person in a juvenile facility ranges from $24 in Wyoming to $726 in Connecticut, but the American Correctional Association estimates that, on average, it costs States $240.99 per day, or around $88,000 a year, for every young person in a juvenile facility. (3) States spend nearly $6,000,000,000 a year incarcerating youth. (4) Youth who are imprisoned are up to 50 percent more likely to recidivate than their counterparts who remain in their communities. (5) Nearly 70 percent of youth in residential facilities have been adjudicated for nonviolent offenses and could be safely managed within their communities. (6) The most effective programs at reducing recidivism rates and promoting positive life outcomes for youth are administered within communities, outside of the criminal juvenile justice system. (7) In the United States there are more than 150 service and conservation corps, the direct descendants of the Civilian Conservation Corps of the 1930s, that operate in all 50 States, provide educational and economic opportunities to more than 30,000 young people each year, and make important contributions in the communities in which they are located. (8) The Civic Justice Corps Model, developed by The Corps Network in conjunction with the Gates and Open Society Foundations, utilizes community service projects to deliver life skills, education, workforce readiness, and supportive and transitional services to formerly incarcerated and court- involved youth and young adults between the ages of 16 and 25. (9) Data from 14 original Civic Justice Corps sites demonstrate 80 percent post-program participant placement rates and 11 percent recidivism rates among program participants (as opposed to the prevailing recidivism rate of 50 to 70 percent). SEC. 4. DEFINITIONS. In this Act: (1) Civic justice corps model.--The term ``Civic Justice Corps Model'' refers to programs that-- (A) intentionally recruit and primarily enroll as participants in the program court-involved, previously incarcerated, and otherwise disadvantaged youth and young adults between the ages of 16 and 25; (B) provide such participants with educational programming and support designed to lead to a high school diploma or its recognized equivalent; (C) provide such participants with assessment, career planning, workforce readiness, and service or work experience designed to lead to unsubsidized employment, enrollment in postsecondary education or an apprenticeship program, the obtainment of an industry- recognized credential, or some other type of career pathway program, including military service; (D) demonstrate relationships with local criminal, juvenile justice, and other social service agencies and provide a range of supportive and transitional services to participants; (E) engage participants in relevant, necessary, and team-based community service projects designed to instill life and jobs skills and long-term civic engagement; (F) demonstrate relationships with local boards (as such term is defined in section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801)) and local employers and can provide participants with appropriate post-program placements; (G) require participants to be enrolled in the program for not less than 6 months, and provide participants with at least 12 months of post-program support and services; (H) collect post-program data for at least the 12 months after such participants complete the program; and (I) have in place a plan for sustaining the program after the expiration of the grant. (2) Local subgrantee.--The term ``local subgrantee'' refers to a service and conservation corps or other community-based service organization that-- (A) has been competitively selected by a national intermediary to carry out a Civic Justice Corps program that implements the Civic Justice Corps Model; and (B) demonstrates-- (i) a local need for a Civic Justice Corps program; (ii) the ability to recruit and enroll court-involved, previously incarcerated, and otherwise disadvantaged youth and young adults between the ages of 16 and 25; (iii) the ability to provide the education, workforce development, service and work experience, and supportive and follow-up services described in paragraph (1); (iv) relationships with local criminal, juvenile justice, and social service agencies; (v) relationships with local boards (as such term is defined in section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801)) and employers and the ability to place participants upon program completion; (vi) the ability to collect data and report on the performance measures described in section 6(b); and (vii) a plan to sustain the Civic Justice Corps program after the expiration of the subgrant. (3) National intermediary.--The term ``national intermediary'' means a national nonprofit organization that-- (A) has experience in developing and administering programs that utilize community service to deliver education and work experience to court-involved, formerly incarcerated, and otherwise disadvantaged youth; (B) demonstrates an ability to administer a competitive subgrant process that will result in the selection of no less than nine geographically diverse local subgrantees to carry out Civil Justice Corps programs that implement the Civic Justice Corps Model; (C) demonstrates an ability to provide training and technical assistance to subgrantees; and (D) has the ability to collect information from the subgrantees on the performance measures described in section 6(b) and report such information to the Attorney General on an annual basis. (4) Service and conservation corps.--The term ``service and conservation corps'' means any State or local service or conservation corps, including a service or conservation corps carried out under the national service laws. SEC. 5. CIVIC JUSTICE CORPS GRANTS. (a) In General.--The Attorney General shall award grants to one or more national intermediaries to develop, implement, and collect data from Civic Justice Corps programs administered by no fewer than nine local subgrantees in diverse geographic locations. (b) Grant and Subgrant Periods.--Each grant awarded to a national intermediary, and each subgrant awarded to a local subgrantee, under this section shall be for a period of 3 years. (c) Use of Grant Funds.-- (1) In general.--Each national intermediary receiving a grant under this section shall make at least nine subgrants to local subgrantees to carry out Civil Justice Corps programs that implement the Civil Justice Corps Model described in section 4(1) with the funds provided under such subgrant. (2) Reservation.--Each national intermediary receiving a grant under this section shall reserve-- (A) not less than 90 percent for subgrants to local subgrantees; and (B) not more than 10 percent for training and technical assistance to, and data collection from, such local subgrantees. (d) Use of Subgrants.--An entity receiving a subgrant under this section shall use the funds made available through such subgrant to carry out a Civic Justice Corps program that implements the Civic Justice Corps Model. Such program shall include the provision of educational programming and support to participants, which may include-- (1) basic instruction and remedial education; (2) language instruction for individuals with limited English proficiency; (3) secondary education services and activities, including drop-out prevention, tutoring, and other activities; (4) preparation for and access to postsecondary education opportunities, including counseling and assistance with applying for student financial aid; (5) work readiness training, which may include-- (A) development of basic skills, such as-- (i) arriving on time to work; (ii) being prepared to work; (iii) working independently; (iv) working with others; (v) working safely; and (vi) demonstrating a commitment to produce high quality work; (B) development of job-specific occupational skills and on-the-job training; and (C) assessment of skills, career counseling, and job search assistance; and (6) development and monitoring of individual education and career plans. SEC. 6. REPORTS. (a) Annual Reports to the Attorney General.--Each national intermediary receiving a grant under this Act shall submit a report annually to the Attorney General at such time, in such manner, and providing such information as the Attorney General may require, including information on the performance measures reported by subgrantees in accordance with subsection (b). (b) Subgrantee Reports on Performance Measures.--Each entity receiving a subgrant under this section shall annually report to the national intermediary that awarded such subgrant on the following performance measures of participant progress: (1) The obtainment of a high school diploma, a recognized equivalent, or some other industry-recognized credential. (2) Post-program placement for each participant in one of the following, and total post-program placement rates for each of the following: (A) Unsubsidized employment. (B) Postsecondary education. (C) A registered apprenticeship or further job training. (D) A career pathway program, including military service. (3) Post-program recidivism rates. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this section $20,000,000 for each of the fiscal years 2012 through 2018.

Summary: Civic Justice Corps Act of 2011 - Directs the Attorney General to award three-year Civic Justice Corps grants to national nonprofit organizations (national intermediaries) that have experience in developing and administering programs to deliver education and work experience to court-involved, formerly incarcerated, and otherwise disadvantaged youth and young adults between the ages of 16 and 25. Requires such organizations to develop, implement, and collect data from Civic Justice Corps programs administered by at least nine local subgrantees in diverse geographic locations. Requires national intermediaries and subgrantees to submit annual reports on performance measures of participant progress.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Educational Flexibility Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds that-- (1) historically, Federal education programs have addressed the Nation's most pressing educational problems by providing categorical assistance with detailed requirements relating to the use of funds; (2) while the approach described in paragraph (1) has proven generally successful, some program requirements may inadvertently impede educational achievement; (3) the Nation's schools are being asked to deal effectively with increasingly diverse educational needs that current program structures may not be flexible enough to address; and (4) in an era when educational change and reform must prevail, it is more important than ever to provide programs that-- (A) result in improved educational outcomes for all students; (B) promote the coordination of education and related services that benefit children and their families; (C) respond flexibly to the needs of a diverse student population; (D) stop the proliferation of unnecessary Federal, State, and local regulation; and (E) place less emphasis on measuring resources and reviewing procedures and more emphasis on achieving program results. (b) Purpose.--It is the purpose of this Act to establish a national program which-- (1) promotes educational reform that leads to improved educational outcomes for participants in affected programs; (2) holds accountable the schools and other recipients of Federal funds for achieving specific educational goals in exchange for increased flexibility in the use of their resources; and (3) enables school and program administrators, teachers, parents, local educational agencies, and community groups to work together to develop effective education programs that meet the needs of all participants, particularly those who are disadvantaged. SEC. 3. FLEXIBILITY AND ACCOUNTABILITY IN EDUCATION AND RELATED SERVICES. Subpart 1 of part C of the General Education Provisions Act (20 U.S.C. 1221 et seq.) is amended by adding after section 421A the following new section: ``SEC. 421B. FLEXIBILITY AND ACCOUNTABILITY IN EDUCATION AND RELATED SERVICES. ``(a) Program Authorized.-- ``(1) In general.--(A) The Secretary, in accordance with this section, shall assist elementary and secondary schools and other service providers to improve the achievement of all students and other participants, but particularly disadvantaged individuals, by authorizing waivers for States to enable such States to conduct projects to improve the performance of schools and programs by increasing their flexibility in the use of their resources while holding them accountable for achieving educational gains. ``(B)(i) In support of these projects, the Secretary is authorized to waive any statutory or regulatory requirement (except as provided in subsection (e)) applicable to a program described in clause (ii) that the Secretary determines may impede the ability of a school or other service provider to meet the special needs of such students and other individuals in the most effective manner possible. The head of any other Federal agency is similarly authorized to waive such requirements (except as provided in subsection (e)) applicable to an elementary, secondary, or youth vocational training program described in clause (ii) and administered by such agency if the head of such agency and the Secretary agree that such a waiver would promote the purpose of this section. ``(ii) The Secretary shall only waive a statutory or regulatory requirement applicable to a program under-- ``(I) chapter 1 of title I of the Elementary and Secondary Education Act of 1965; ``(II) chapter 2 of title I of the Elementary and Secondary Education Act of 1965; ``(III) the Dwight D. Eisenhower Mathematics and Science Education Act; ``(IV) the Follow Through Act; ``(V) subtitle B of title VII of the Stewart B. McKinney Homeless Assistance Act; ``(VI) the Carl D. Perkins Vocational and Applied Technology Education Act, except part H of title III and funds allocated by States under section 232 of such Act; ``(VII) the Jacob K. Javits Gifted and Talented Students Education Act of 1988; ``(VIII) the Drug-Free Schools and Communities Act of 1986; and ``(IX) the Alcohol and Drug Abuse Education Act. ``(2) Project duration.--Projects assisted under this section, and any waivers associated with such projects, shall last not longer than 3 years, except that the Secretary may extend a project and any associated waivers for an additional 2 years if the Secretary determines that the project is making substantial progress in meeting its goals. ``(3) Termination.--The Secretary shall terminate a project and its associated waivers if the Secretary, at any time, determines it is not making acceptable progress toward meeting its goals. The head of any other Federal agency who has granted waivers under this section shall determine whether to extend or terminate those waivers, but the Secretary shall have exclusive authority to extend or terminate the project. ``(b) Eligibility.-- ``(1) In general.--(A) The Secretary shall only assist a project under this section in a State which has demonstrated to the satisfaction of the Secretary that the State has implemented a comprehensive regulatory reform plan at least 2 years prior to the date on which the State transmits approved applications pursuant to subsection (c)(2). ``(B) For the purposes of this section, the term `comprehensive regulatory reform plan' means a plan developed by a State that offers local educational agencies within such State waivers of certain State statutory and regulatory requirements while holding such local educational agencies accountable for improved performance of students affected by such waivers. ``(2) Grade and program requirement.--To the extent possible, each grade and academic program in a participating school shall participate in a project assisted under this section. ``(c) Applications.-- ``(1) Local.--A local educational agency desiring to participate in a project assisted under this section shall submit an application to the State educational agency for approval. ``(2) Approval and transmission to secretary.--The State educational agency shall transmit approved applications described in paragraph (1) to the Secretary. ``(3) Contents.--Each application transmitted pursuant to paragraph (2) shall include a plan which meets the purposes of the Educational Flexibility Act and-- ``(A) describes the purposes and overall expected outcomes of the project; ``(B) indicates the Federal programs and requirements of such programs which will be waived and how such waivers will improve or maintain educational achievement among all students affected by such programs and requirements; ``(C) indicates which State and local requirements will be waived; ``(D) describes specific, measurable, educational goals for each school or other site in the project and for each school year of the project, including-- ``(i) goals for improving the achievement of all participants, including disadvantaged individuals, with respect to achievement in basic and advanced skills; ``(ii) goals that reflect the broad purposes of each program for which a waiver is sought; and ``(iii) an explanation of how the applicant will measure progress in meeting the goals set for each school or site in the project and for disadvantaged individuals participating in the project; and ``(E) identifies the elementary or secondary schools to be included in the project and describes the student population at each such school, including-- ``(i) current data regarding the achievement of disadvantaged students as well as other students; and ``(ii) the number of students who-- ``(I) are of limited-English proficiency, as defined in section 7003(a)(1) of the Bilingual Education Act; ``(II) are children with disabilities, as such term is defined in section 602(a)(1) of the Individuals with Disabilities Education Act; ``(III) are currently or formerly migratory; ``(IV) are educationally deprived, as determined by eligibility for assistance under chapter 1 of title I of the Elementary and Secondary Education Act of 1965; and ``(V) are eligible for a free or reduced price school lunch. ``(d) Approval of Projects.-- ``(1) In general.--The Secretary shall approve an application from a State that the Secretary determines shows substantial promise of achieving the purposes of the Educational Flexibility Act after considering-- ``(A) the comprehensiveness of the project, including the types of students, schools, programs, and activities to be included; ``(B) the extent to which the provisions for which waivers are sought impede educational improvement; ``(C) the State and local requirements that will be waived for the project; ``(D) the significance and feasibility of the proposed project's goals for each participating school or site; and ``(E) the quality of the plan for ensuring accountability for the proposed plan's activities and goals. ``(2) Consultation.--The Secretary shall consult with the heads of other appropriate Federal agencies, if any, in determining whether to approve a project. Each such agency head shall notify the Secretary of any waivers granted by such agency head as part of such project. ``(3) Distribution of projects.--The Secretary shall ensure that, to the extent feasible, projects assisted under this section are geographically distributed, and equitably distributed among urban, suburban, and rural areas, as well as large and small schools. ``(e) Allocation of Federal Funds; Restriction on Waivers.-- ``(1) Allocation of federal funds.--Federal funds under any program that are used to support a project under this section shall be allocated to local educational agencies and other recipients within the local educational agency in accordance with the statutory and regulatory requirements that govern the operation of that program, except that, for the purpose of such a project, the Secretary (or the head of any other Federal agency) may extend the duration of, and provide continuation funding to, a project chosen on a competitive basis that a participating agency is conducting. ``(2) Restriction on waivers.--Neither the Secretary nor the head of any other Federal agency shall waive under this section any statutory or regulatory requirement in awarding a grant after the date of enactment of the Educational Flexibility Act to a service provider within the local educational agency or other applicant participating in a project under this section. ``(3) Special rule.--Neither the Secretary nor, where applicable, the head of any other Federal agency shall waive under this section any statutory or regulatory requirement-- ``(A) under section 438 and 439 of the General Education Provisions Act; ``(B) under title VI of the Civil Rights Act of 1964, section 504 of the Rehabilitation Act of 1973, title IX of the Education Amendments of 1972, or title II of the Americans with Disabilities Act; ``(C) under the Individuals with Disabilities Education Act; or ``(D) relating to-- ``(i) maintenance of effort; ``(ii) comparability; or ``(iii) the equitable participation of students attending private schools. ``(f) Reports and Evaluations.-- ``(1) Project reports.--Each project assisted under this section shall submit, not later than 90 days after the end of each fiscal year of the project, an annual report to the Secretary that-- ``(A) summarizes the principal activities of the project; ``(B) contains school-by-school and other data, as described in the project plan, that show the extent to which the project is meeting its overall goals, including its goals for improving the achievement of all participants, particularly disadvantaged individuals, with respect to achievement in basic and advanced skills, and is meeting the goals for each school or other site; ``(C) describes the impact of the project on disadvantaged children in schools, if any, that are not participating in the project; ``(D) describes the effectiveness of efforts to coordinate programs and services for children and their families as appropriate; and ``(E) provides information or comparable data regarding the achievement levels demonstrated by children or students served pursuant to programs described in clause (ii) of subsection (a)(1)(B) during the preceding 3 fiscal years compared with the achievement levels demonstrated by children or students served under this section. ``(2) Secretary's report.--Beginning in fiscal year 1995 and every 2 years thereafter, the Secretary shall submit a report to the Congress that summarizes and analyzes the project reports required by paragraph (1). ``(3) Evaluation reports.--Within 7 years of the date of enactment of the Educational Flexibility Act, and at such interim points as the Secretary deems appropriate, the Secretary shall provide to the Congress an independent evaluation of the projects assisted under this section, as well as an evaluation of the program assisted under this section by the Department of Education and other affected Federal agencies. Such reports may include recommendations for amendments to program statutes that are based on the experience of projects that successfully raise educational achievement by eliminating or modifying statutory or regulatory provisions that impede educational improvement. ``(g) Definition.--For the purpose of this section, the term `disadvantaged students' includes students of limited English proficiency, children with disabilities, students who are currently or formerly migratory, and students who are educationally deprived. ``(h) Budget Neutrality.--The authority provided by this section shall not be exercised in a manner that, for any fiscal year, increases total obligations or outlays of discretionary appropriations for programs subject to such authority, or that increases total obligations or outlays of funding for all direct-spending programs subject to such authority over those that would have occurred absent such authority.''. S 525 IS----2

Summary: Educational Flexibility Act - Amends the General Education Provisions Act to establish a program for flexibility and accountability in education and related services. Directs the Secretary of Education to assist projects for elementary and secondary schools and other service provides to improve achievement of all students and other participants, but particularly disadvantaged individuals, by authorizing waivers for States by which the performance of schools and programs can be improved by increasing their flexibility in use of resources while holding them accountable for achieving educational gains. Authorizes the Secretary to waive a statutory or regulatory requirement only with respect to programs under specified Federal laws relating to elementary, secondary, and vocational education and disadvantaged or homeless students. Authorizes other Federal agency heads, with the Secretary's agreement, to make similar waivers of such requirements applicable to an elementary, secondary, or youth vocational training program they administer. Limits duration of projects and associated waivers. Requires, to the extent possible, project participation by each grade and academic program in a participating school. Prohibits waiver of requirements: (1) in awarding new competitive grants to a service provider within the LEA or other applicant participating in such a project; (2) relating to maintenance of effort, comparability, or equitable participation of private school students; and (3) under specified provisions of certain Federal laws relating to individuals with disabilities.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Green Communities Act of 2009''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress makes the following findings: (1) Landscaping adds to the economic value and sales appeal of commercial real estate and increases office occupancy rates. (2) Greening can change people's perceptions of their neighborhoods, reduce violence and crime, and increase neighborhood stability. (3) Planting new trees, improving streetscapes, and cleaning vacant lots increases property values. (4) People will stay longer and shop more in shopping districts that are well landscaped. (5) Improvements to neighborhood parks increase the value of single-family homes in the surrounding community. (6) Homes adjacent to vacant lots that are greened have a much higher property value than homes adjacent to vacant lots that have not been greened. (b) Purposes.--The purposes of this Act are as follows: (1) To promote investment in greening projects and programs as effective economic development tools. (2) To connect urban economic development initiatives with environmental initiatives. (3) To improve quality of life for city residents. (4) To encourage public-private partnerships. SEC. 3. DEFINITIONS. In this Act: (1) Community greening initiative.--The term ``community greening initiative'' means a program that increases economic development by improving the environment. A community greening initiative may include the following: (A) Revitalizing municipal parks and public spaces. (B) Landscaping community gateways and key corridors. (C) Tree plantings and urban forestry projects. (D) Comprehensive planning for open space preservation. (E) Education, training, and volunteer management concerning community green initiatives. (F) Green roof construction. (G) Green stormwater infrastructure. (H) Vacant lot management. (2) Green roof.--The term ``green roof'' means a roof consisting of vegetation and soil or a growing medium planted over a waterproofing membrane. (3) Green stormwater infrastructure.--The term ``green stormwater infrastructure'' means systems and practices that use or mimic natural processes to infiltrate, evapotranspirate, or reuse stormwater on the site where it occurs rather than transporting the water to a stream or treatment facility. (4) Nonprofit organization.--The term ``nonprofit organization'' means an organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code. (5) Secretary.--The term ``Secretary'' means the Secretary of Commerce. (6) Urban forestry.--The term ``urban forestry'' means an integrated citywide or neighborhood-wide approach to the planting, care, and management of trees in the city or the neighborhood in order to ensure environmental and social benefits for residents. SEC. 4. GRANTS FOR COMMUNITY GREENING INITIATIVES. (a) Grants.-- (1) In general.--To the extent that funds are available, the Secretary shall, acting through the Assistant Secretary of Commerce for Economic Development, award grants to eligible municipalities to carry out community greening initiatives. (2) Grant amount.--The Secretary may not award a grant under this section in an amount that exceeds $2,000,000. (b) Eligible Municipalities.--For purposes of this section, an eligible municipality is any municipality that meets-- (1) the criteria described by section 209(b) of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3149(b)); and (2) the circumstances described by section 209(c) of such Act (42 U.S.C. 3149(c)). (c) Selection of Grant Recipients.-- (1) Application.--An eligible municipality seeking a grant under this section for a community greening initiative shall submit to the Secretary an application therefor in such form and in such manner as the Secretary considers appropriate. (2) Selection.--The Secretary shall, in consultation with the nonprofit organizations that receive a grant or enter into a contract with the Secretary under section 5(a), select to receive grants under this section 80 eligible municipalities that have successfully developed and planned a community greening initiative, as determined by the Secretary. (3) Limitation.--The Secretary may not award a grant under this section to an eligible municipality for a community greening initiative that the Secretary determines will require more than 2 years to complete. (d) Use of Grant Funds.--Each eligible municipality receiving a grant under this section shall, with technical assistance and training provided under section 5(c), use the grant to carry out the community greening initiative for which the grant is received. (e) Matching Requirement.--An eligible municipality seeking a grant under this section for a community greening initiative shall agree to make available non-Federal funds to carry out the community greening initiative in an amount equal to not less than 50 percent of the grant awarded to such eligible municipality under this section. (f) Report.--Not later than 60 days after an eligible municipality that receives a grant under this section for a community greening initiative completes such initiative, the eligible nonprofit organization that assisted such municipality with such initiative under subsection (d) shall submit to the Secretary a report assessing the implementation of such initiative. SEC. 5. TECHNICAL ASSISTANCE AND TRAINING FOR MUNICIPALITIES. (a) Grants or Contracts.-- (1) In general.--To the extent that funds are available, the Secretary shall award grants to, or enter into contracts with, 5 eligible nonprofit organizations to provide technical assistance and training to municipalities that receive grants under section 4. (2) Duration.--A grant or contract under paragraph (1) shall be for a period of 5 years. (b) Eligible Nonprofit Organization.--For purposes of this section, an eligible nonprofit organization is any nonprofit organization that has experience with the following: (1) Planning and implementing projects concerning urban open space, landscape management, and community greening initiatives. (2) Land and water conservation. (3) Working with communities. (4) Forming partnerships or regional consortiums. (5) Urban ecology. (6) Such other experience as the Secretary considers appropriate. (c) Technical Assistance and Training.-- (1) In general.--Each eligible nonprofit organization receiving a grant or entering into a contract under subsection (a) shall provide technical assistance and training to municipalities receiving grants under section 4 to assist such municipalities in carrying out the community greening initiatives for which such grants were awarded. (2) Activities.--Technical assistance and training under paragraph (1) may include the following: (A) Developing, planning, implementing, and assessing community greening initiatives. (B) Developing and implementing training and workshops for municipal agencies and local partners. (C) Evaluating a community greening initiative. (d) Report.--Not later than 90 days after the end of each fiscal year for which amounts are made available for grants under this section, the Secretary shall submit to Congress a report on the technical assistance and training provided under this section. Each report shall describe the actions taken by the Secretary to ensure that technical assistance and training provided under this section is responsive to the needs of municipalities that receive grants under section 4. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to carry out this Act-- (1) $30,000,000 for each of fiscal years 2010, 2013, and 2014; and (2) $90,000,000 for each of fiscal years 2011 and 2012. (b) Reservation of Funds.-- (1) Grants for community greening initiatives.--Not less than 66 percent of the amounts made available to carry out this Act for each of fiscal years 2011 and 2012 shall be made available for the awarding of grants under section 4. (2) Technical assistance and training.--Of the amounts made available to carry out this Act, amounts shall be made available for technical assistance and training under section 5 as follows: (A) For each of fiscal years 2010, 2013, and 2014, 85 percent of such amounts. (B) For each of fiscal years 2011 and 2013, 28 percent of such amounts. (c) Availability.--Funds made available under this Act shall remain available until expended.

Summary: Green Communities Act of 2009 [sic] - Directs the Secretary of Commerce, through the Assistant Secretary of Commerce for Economic Development, to make grants to eligible municipalities to carry out community greening initiatives. Defines such an initiative as a program that increases economic development by improving the environment and that may include: (1) revitalizing municipal parks and public spaces; (2) landscaping community gateways and key corridors; (3) tree plantings and urban forestry projects; (4) comprehensive planning for open space preservation; (5) education, training, and volunteer management concerning community green initiatives; (6) green roof construction; (7) green stormwater infrastructure; and (8) vacant lot management. Defines an "eligible municipality" as a municipality that meets criteria for an economic adjustment grant under the Public Works and Economic Development Act of 1965. Directs the Secretary to select 80 eligible municipalities to receive grants. Requires an eligible municipality seeking a grant to agree to make available nonfederal funds to carry out the initiative in an amount equal to not less than 50% of the grant awarded. Directs the Secretary to make grants to, or enter into contracts with, five nonprofit organizations to provide technical assistance and training to municipalities receiving grants.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare and Medicaid Hospital Self- Referral Amendments of 1996''. SEC. 2. NOTIFICATION OF AVAILABILITY OF PROVIDERS AS PART OF DISCHARGE PLANNING PROCESS. (a) Medicare Requirement.--Section 1861(ee)(2) of the Social Security Act (42 U.S.C. 1395x(ee)(2)) is amended-- (1) in subparagraph (D), by inserting before the period the following: ``, including the availability of those services through individuals and entities that participate in the program under this title and that serve the area in which the patient resides and that request to be listed by the hospital as available''; and (2) by adding at the end the following: ``(H) Consistent with section 1802, the discharge plan shall-- ``(i) not specify or otherwise limit the qualified provider which may provide post-hospital care, and ``(ii) identify (in a form and manner specified by the Secretary) any provider (to whom the individual is referred) in which the hospital has a disclosable financial interest (as specified by the Secretary consistent with section 1866(a)(1)(R)) or which has such an interest in the hospital.''. (b) Requirement for Medicaid Funding.--Section 1903(i) of such Act (42 U.S.C. 1396b(i)) is amended-- (1) by striking ``or'' at the end of paragraph (14), (2) by striking the period at the end of paragraph (15) and inserting ``; or'', and (3) by inserting after paragraph (15) the following new paragraph: ``(16) with respect to any amount expended for inpatient hospital services of a hospital unless the hospital has in place a discharge planning process that meets the requirements of section 1861(ee) with respect to individuals entitled to medical assistance under this title in the same manner as such requirements otherwise apply to individuals entitled to benefits under title XVIII.''. (c) Effective Dates.--The amendments made by subsection (a) shall apply to discharges occurring on or after 90 days after the date of the enactment of this Act. The amendments made by subsection (b) shall apply to expenditures for inpatient hospital services with respect to discharges occurring on or after 90 days after the date of the enactment of this Act. SEC. 3. MAINTENANCE AND DISCLOSURE OF INFORMATION ON POST-HOSPITAL SERVICE PROVIDERS. (a) Medicare Requirement.--Section 1866(a)(1) of the Social Security Act (42 U.S.C. 1395cc(a)(1)) is amended-- (1) by striking ``and'' at the end of subparagraph (P), (2) by striking the period at the end of subparagraph (Q), and (3) by adding at the end the following: ``(R) in the case of a hospital that has a financial interest (as specified by the Secretary in regulations) in a provider of post-hospital services (including an entity that furnishes durable medical equipment), or in which such a provider has such a financial interest, or in which another entity has such a financial interest (directly or indirectly) with such hospital and such a provider, to maintain and disclose to the Secretary (in a form and manner specified by the Secretary) information on-- ``(i) the nature of such financial interest, ``(ii) the number of individuals who were discharged from the hospital and who were identified as requiring the type of post-hospital services provided by such provider, and ``(iii) the percentage of such individuals who received such services from such provider (or another such provider).''. (b) Requirement for Medicaid Funding.--Section 1903(i)(16) of such Act (42 U.S.C. 1396b(i)), as inserted by section 2(b), is amended-- (1) by striking ``(A)'' after ``unless'', and (2) by inserting before the period at the end the following: ``, and (B) the hospital is complying with the requirements of section 1866(a)(1)(R)''. (c) Disclosure of Information to the Public.--Title XI of such Act is amended by inserting after section 1145 the following new section: ``public disclosure of certain information on hospital financial interest and referral patterns ``Sec. 1146. The Secretary shall make available to the public, in a form and manner specified by the Secretary, information disclosed to the Secretary pursuant to section 1866(a)(1)(R) or section 1903(i)(16).''. (d) Effective Date.--The Secretary of Health and Human Services shall issue regulations by not later than 1 year after the date of the enactment of this Act to carry out the amendments made by this section and such amendments shall take effect as of such date (on or after the issuance of such regulations) as the Secretary specifies in such regulations.

Summary: Medicare and Medicaid Hospital Self-Referral Amendments of 1996 - Amends titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act (SSA) to require hospitals participating in the Medicare or Medicaid programs to: (1) give notice of availability of providers as part of the discharge planning process; and (2) maintain and disclose information on certain referrals. Amends SSA title XI to provide for public disclosure of certain information on hospital financial interest and referral patterns by the Secretary of Health and Human Services.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Defined Benefit Pension Plan Reform Act of 2003''. SEC. 2. MULTIEMPLOYER PLAN EMERGENCY INVESTMENT LOSS RULE. (a) Amendment to the Internal Revenue Code of 1986.--Section 412(b)(7) of the Internal Revenue Code of 1986 (relating to special rules for multiemployer plans) is amended by adding at the end the following: ``(F) Emergency investment loss method.-- ``(i) In general.--In lieu of amortizing net experience loss as prescribed in paragraph (2)(B)(iv), a multiemployer plan may elect to use the emergency investment loss method described in this subparagraph, starting with the first plan year in which there is an emergency investment loss. ``(ii) Emergency investment loss.--An emergency investment loss for any plan year beginning on or after July 1, 1999, and ending before January 1, 2004, is the amount (if any) by which-- ``(I) the fair market value of the plan's assets as of the last day of the plan year, is less than ``(II) the fair market value which would have been determined if the plan's earnings for the plan year had been equal to the projected investment return based on the actuarial interest rate under paragraph (5)(A) for the plan year, applied to the fair market value of assets as of the beginning of the year and noninvestment cash flows during the year. ``(iii) Amortization of emergency investment loss.--The funding standard account shall be charged with the amounts necessary to amortize in equal annual installments (until fully amortized) the plan's emergency investment loss over a period of 30 plan years. ``(iv) Treatment of adjusted net actuarial experience.--If an election is in effect for any plan year described in clause (ii)-- ``(I) any net experience gain otherwise determined for such year under paragraph (2)(B)(iv) shall be increased by an amount equal to the emergency investment loss for such year, and ``(II) any net experience loss otherwise determined for such year under paragraph (3)(B)(ii) shall be reduced by the emergency investment loss for such year, except that if such emergency investment loss exceeds such net experience loss, the excess shall be treated as a net experience gain for such year for purposes of paragraph (2)(B)(iv).'' (b) Amendment to the Employee Retirement Income Security Act of 1974.--Section 302(b)(7) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1082(b)(7)) is amended by adding at the end the following: ``(F)(i) In lieu of amortizing net experience loss as prescribed in paragraph (2)(B)(iv), a multiemployer plan may elect to use the emergency investment loss method described in this subparagraph, starting with the first plan year in which there is an emergency investment loss. ``(ii) An emergency investment loss for any plan year beginning on or after July 1, 1999, and ending before January 1, 2004, is the amount (if any) by which-- ``(I) the fair market value of the plan's assets as of the last day of the plan year, is less than ``(II) the fair market value which would have been determined if the plan's earnings for the plan year had been equal to the projected investment return based on the actuarial interest rate under paragraph (5)(A) for the plan year, applied to the fair market value of assets as of the beginning of the year and noninvestment cash flows during the year. ``(iii) The funding standard account shall be charged with the amounts necessary to amortize in equal annual installments (until fully amortized) the plan's emergency investment loss over a period of 30 plan years. ``(iv) If an election is in effect for any plan year described in clause (ii)-- ``(I) any net experience gain otherwise determined for such year under paragraph (2)(B)(iv) shall be increased by an amount equal to the emergency investment loss for such year, and ``(II) any net experience loss otherwise determined for such year under paragraph (3)(B)(ii) shall be reduced by the emergency investment loss for such year, except that if such emergency investment loss exceeds such net experience loss, the excess shall be treated as a net experience gain for such year for purposes of paragraph (2)(B)(iv).'' (c) Election Procedure.-- (1) In general.--The Secretary of the Treasury shall prescribe a procedure under which multiemployer plans that elect to use the emergency investment loss method described in section 412(b)(7)(F) of the Internal Revenue Code of 1986 and section 302(b)(7)(F) of the Employee Retirement Income Security Act of 1974 may do so either by starting the special amortization periods in the actuarial valuations for each of the affected plan years or by starting with a cumulative emergency investment loss and adjusted net actuarial experience (based on the outstanding balance of the experience gain bases for the affected plan years, reduced by the cumulative emergency investment loss) in the actuarial valuation for the last plan year ending before January 1, 2004. (2) Filing period.--The procedures described in paragraph (1) shall provide a period of not less than 210 days after the date of enactment of this Act for multiemployer plans to file Schedule Bs (relating to actuarial information under the plan) to the Form 5500 Annual Reports for the plan years for which the emergency investment loss method is elected, including amended Schedule Bs for annual reports previously filed. (d) Effective Date.--The amendments made by this section shall apply to years beginning after June 30, 1999. SEC. 3. MORTALITY TABLE ADJUSTMENT. (a) Amendment to the Internal Revenue Code of 1986.--Section 412(l)(7)(C) of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``(iv) Separate mortality tables for blue- collar and white-collar workers.-- ``(I) In general.--Notwithstanding clause (ii), in the case of plan years beginning after December 31, 2003, the Secretary shall establish separate mortality tables for blue-collar workers and white-collar workers which may be used (in lieu of the tables under clause (ii)) to determine current liability under this subsection. For this purpose, the Secretary shall take into account the Society of Actuaries RP-2000 Mortality Table, as adjusted to take into account the collar adjustment prescribed in such table to reflect the workforce covered by the plan. ``(II) Classification of workers.-- For purposes of this clause, individuals shall be classified as blue-collar or white-collar workers under rules prescribed by the Secretary. In prescribing such rules, the Secretary shall treat professional employees (within the meaning of section 410) as white-collar workers. ``(III) Consistent use.--If an employer elects to use the tables prescribed under subclause (I) for any plan established or maintained by the employer, the employer shall use the tables for all such plans other than a plan for which use of the tables is prohibited under regulations prescribed by the Secretary.''. (b) Amendment to the Employee Retirement Income Security Act of 1974.--Section 302(d)(7)(C) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1082(d)(7)(C)) is amended by adding at the end the following: ``(iv) Separate mortality tables for blue- collar and white-collar workers.-- ``(I) In general.--Notwithstanding clause (ii), in the case of plan years beginning after December 31, 2003, the Secretary of the Treasury shall establish separate mortality tables for blue-collar workers and white-collar workers which may be used (in lieu of the tables under clause (ii)) to determine current liability under this subsection. For this purpose, the Secretary of the Treasury shall take into account the Society of Actuaries RP-2000 Mortality Table, as adjusted to take into account the collar adjustment prescribed in such table to reflect the workforce covered by the plan. ``(II) Classification of workers.-- For purposes of this clause, individuals shall be classified as blue-collar or white-collar workers under rules prescribed by the Secretary of the Treasury. In prescribing such rules, the Secretary of the Treasury shall treat professional employees (within the meaning of section 410 of the Internal Revenue Code of 1986) as white-collar workers. ``(III) Consistent use.--If an employer elects to use the tables prescribed under subclause (I) for any plan established or maintained by the employer, the employer shall use the tables for all such plans other than a plan for which use of the tables is prohibited under regulations prescribed by the Secretary of the Treasury.''. (c) Effective Date.--The amendments made by this section shall be effective as of the date of the enactment of this Act. SEC. 4. MODIFICATION OF FULL-FUNDING LIMITATION FOR PURPOSES OF DEDUCTION LIMITS ON EMPLOYER PENSION CONTRIBUTIONS. (a) In General.--Section 404(a)(1)(A) of the Internal Revenue Code of 1986 (relating to limitation on deductibility of employer contributions) is amended by adding at the end the following: ``In determining the full funding limitation for purposes of the preceding sentence for any year beginning after December 31, 2003, the amount determined under section 412(c)(7)(A)(i) shall in no event be treated as being less than 130 percent of current liability (including the expected increase in current liability due to benefits accruing during the year).'' (b) Effective Date.--The amendments made by this section shall apply to years beginning after December 31, 2003. SEC. 5. REQUIRED NOTIFICATION OF PARTICIPANTS AND BENEFICIARIES OF PLAN TERMINATIONS BY PENSION BENEFIT GUARANTY CORPORATION. (a) In General.--Section 4042(b) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1342(b)) is amended by adding at the end the following: ``(4)(A) Not later than 30 days after the corporation notifies a plan administrator under this subsection regarding the commencement of proceedings to terminate a plan under this section, the corporation shall provide notice of such proceedings to affected parties as provided in this paragraph. The notice shall state that such termination is intended, the proposed termination date, and the procedure for such termination under this section. ``(B) Upon notice to the plan of the commencement of proceedings, the plan administrator shall provide the corporation with a list of the names and addresses of all participants and beneficiaries of the plan. ``(C) The corporation shall provide-- ``(i) written notice to each affected party of the plan; and ``(ii) notice in the 2 newspapers with the largest circulation in the area of the majority of the affected parties.''. (b) Effective Date.--The amendment made by this section shall apply to proceedings commenced after the date of enactment of this Act.

Summary: Defined Benefit Pension Reform Plan of 2003 - Amends the Internal Revenue Code (the Code) and the Employee Retirement Income Security Act of 1974 (ERISA) concerning minimum funding standards for pension plans to: (1) permit a multiemployer plan to elect to use an emergency investment loss method (as defined), starting in the first plan year in which there is an emergency investment loss; and (2) establish separate mortality tables for blue-collar and white-collar workers which may be used in lieu of the current table. Amends the Code to modify the full-funding limitation for purposes of the deduction limits on employer pension contributions. Amends ERISA to require notification of participants and beneficiaries of plan terminations by the Pension Benefit Guaranty Corporation.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Acquiring Community Care Expect Safe Services Act of 2017'' or the ``Veterans ACCESS Act''. SEC. 2. PREVENTION OF CERTAIN HEALTH CARE PROVIDERS FROM PROVIDING NON- DEPARTMENT HEALTH CARE SERVICES TO VETERANS. (a) In General.--On and after the date that is one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall deny or revoke the eligibility of a health care provider to provide non-Department health care services to veterans if the Secretary determines that the health care provider-- (1) was removed from employment with the Department of Veterans Affairs due to conduct that violated a policy of the Department relating to the delivery of safe and appropriate health care; (2) violated the requirements of a medical license of the health care provider; (3) had a Department credential revoked and the grounds for such revocation impacts the ability of the health care provider to deliver safe and appropriate health care; or (4) violated a law for which a term of imprisonment of more than one year may be imposed. (b) Permissive Action.--On and after the date that is one year after the date of the enactment of this Act, the Secretary may deny, revoke, or suspend the eligibility of a health care provider to provide non-Department health care services if the Secretary has reasonable belief that such action is necessary to immediately protect the health, safety, or welfare of veterans and-- (1) the health care provider is under investigation by the medical licensing board of a State in which the health care provider is licensed or practices; (2) the health care provider has entered into a settlement agreement for a disciplinary charge relating to the practice of medicine by the health care provider; or (3) the Secretary otherwise determines that such action is appropriate under the circumstances. (c) Suspension.--The Secretary shall suspend the eligibility of a health care provider to provide non-Department health care services to veterans if the health care provider is suspended from serving as a health care provider of the Department. (d) Initial Review of Department Employment.--Not later than one year after the date of the enactment of this Act, with respect to each health care provider providing non-Department health care services, the Secretary shall review the status of each such health care provider as an employee of the Department and the history of employment of each such health care provider with the Department to determine whether the health care provider is described in any of subsections (a) through (c). (e) Comptroller General Report.--Not later than two years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on the implementation by the Secretary of this section, including the following: (1) The aggregate number of health care providers denied or suspended under this section from participation in providing non-Department health care services. (2) An evaluation of any impact on access to health care for patients or staffing shortages in programs of the Department providing non-Department health care services. (3) An explanation of the coordination of the Department with the medical licensing boards of States in implementing this section, the amount of involvement of such boards in such implementation, and efforts by the Department to address any concerns raised by such boards with respect to such implementation. (4) Such recommendations as the Comptroller General considers appropriate regarding harmonizing eligibility criteria between health care providers of the Department and health care providers eligible to provide non-Department health care services. (f) Non-Department Health Care Services Defined.--In this section, the term ``non-Department health care services'' means services-- (1) provided under subchapter I of chapter 17 of title 38, United States Code, at non-Department facilities (as defined in section 1701 of such title); (2) provided under section 101 of the Veterans Access, Choice, and Accountability Act of 2014 (Public Law 113-146; 38 U.S.C. 1701 note); (3) purchased through the Medical Community Care account of the Department; or (4) purchased with amounts deposited in the Veterans Choice Fund under section 802 of the Veterans Access, Choice, and Accountability Act of 2014. Passed the Senate November 9, 2017. Attest: JULIE E. ADAMS, Secretary.

Summary: . Veterans Acquiring Community Care Expect Safe Services Act of 2017 or the Veterans ACCESS Act (Sec. 2) This bill directs the Department of Veterans Affairs (VA) to deny or revoke eligibility to provide non-VA health care services to veterans for any any health care provider that: (1) was removed from VA employment for violating VA policy relating to the delivery of safe and appropriate health care, (2) violated medical license requirements, (3) had a VA credential revoked on grounds that impact the provider's ability to deliver safe and appropriate health care, or (4) violated a law for which a prison term of more than one year may be imposed. The VA may deny, revoke, or suspend a health care provider's eligibility to provide non-VA health care services based on a reasonable belief that such action is necessary to immediately protect the health or safety of veterans if: (1) the provider is under investigation by a state's medical licensing board, (2) the provider has entered into a settlement agreement for a disciplinary charge relating to the practice of medicine, or (3) the VA otherwise determines that such action is appropriate. The VA shall suspend a health care provider's eligibility to provide non-VA health care services to veterans if such provider is suspended from serving as a VA medical provider.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Scenic Columbia Gorge Restoration Act of 2017''. SEC. 2. EXPEDITED RECOVERY ACTIVITIES IN RESPONSE TO CATASTROPHIC EVENTS IN NATIONAL SCENIC AREAS. (a) Definitions.--In this section: (1) Catastrophic event.--The term ``catastrophic event'' means any natural disaster (such as hurricane, tornado, windstorm, snow or ice storm, rain storm, high water, wind- driven water, tidal wave, earthquake, volcanic eruption, landslide, mudslide, drought, or insect or disease outbreak) or any fire, flood, or explosion, regardless of cause. (2) Conclusion.--The term ``conclusion'', with respect to a catastrophic event, includes containment of the catastrophic event if occurring before the actual end of the catastrophic event. (3) National scenic area.--The term ``National Scenic Area'' means an area of the National Forest System federally designated as a National Scenic Area in recognition of the outstanding natural, scenic, and recreational values of the area. (4) Response activity.--The term ``response activity'' means any salvage operation or reforestation activity proposed to be conducted within a National Scenic Area adversely impacted by a catastrophic event to address conditions caused or exacerbated by the catastrophic event. (5) Secretary.--The term ``Secretary'' means the Secretary of Agriculture, acting through the Chief of the Forest Service. (b) Prompt Proposal of Response Activities.--Within 30 days after the conclusion of a catastrophic event within a National Scenic Area, the Secretary shall begin proposing response activities for lands within the National Scenic Area adversely impacted by the catastrophic event. (c) Public Input and Response Process.--Notwithstanding any other provision of law, the Secretary shall allow 30 days for public scoping and comment regarding a National Scenic Area response activity, 15 days for filing an objection to the response activity, and 15 days for the agency response to the filing of an objection. Upon completion of this process and expiration of the period specified in subsection (d)(1) if applicable, the Secretary shall implement the response activity. (d) Environmental Review.-- (1) Expedited environmental assessment.--Except as provided in paragraph (2), notwithstanding any other provision of law, an environmental assessment prepared by the Secretary concerned pursuant to section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332) for a National Scenic Area response activity shall be completed within 60 days after the conclusion of the catastrophic event. (2) Categorical exclusion.--A categorical exclusion is available for any National Scenic Area response activity that-- (A) does not exceed 10,000 acres within the National Scenic Area; and (B) includes lands that-- (i) are visible from key viewing areas, as described in the management plan for the National Scenic Area; (ii) provide screening for human development; (iii) are part of a municipal watershed; or (iv) contain utility or power transmission right-of-ways. (e) Consultation Under the Endangered Species Act.-- (1) No consultation if response activity not likely to adversely affect a listed species or designated critical habitat.--Consultation under section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536) shall not be required if the Secretary determines that a response activity is not likely to adversely affect a listed species or designated critical habitat. (2) Expedited consultation.-- (A) In general.--With respect to a response activity that is not covered by paragraph (1), consultation required under section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536) shall be concluded within the 90-day period beginning on the date on which such consultation was requested by the Secretary. (B) Effect of no conclusion.--In the case of a consultation described in subparagraph (A) that is not concluded within the 90-day period specified in such subparagraph, the response activity for which such consultation was initiated-- (i) shall be deemed to have not violated section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536(a)(2)); and (ii) may be carried out. (f) Prohibition on Restraining Orders, Preliminary Injunctions, and Injunctions Pending Appeal.--No restraining order, preliminary injunction, or injunction pending appeal shall be issued by any court of the United States with respect to any decision to prepare or conduct a response activity. Section 705 of title 5, United States Code, shall not apply to any challenge to the response activity. (g) Funding Source.--Amounts in the special fund established pursuant to section 3 of the Act of June 9, 1930 (commonly known as the Knutson-Vandenberg Act; 16 U.S.C. 576b), shall be available to the Secretary for response activities. (h) Reforestation Objective.--In the case of response activities conducted on National Scenic Area lands adversely impacted by a catastrophic event, the Secretary shall achieve reforestation of at least 75 percent of the impacted lands before the end of the two-year period following the conclusion of the catastrophic event.

Summary: Scenic Columbia Gorge Restoration Act of 2017 This bill directs the Forest Service to begin proposing, within 30 days of a catastrophic event, response (salvage operations or reforestation) activities for lands within a national scenic area that have been adversely impacted by the event. The bill provides a process for expedited environmental review under the National Environmental Policy Act of 1969, including a categorical exclusion not exceeding 10,000 acres for a response activity.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Treatment of Indian Tribal Natural Resource Income Act of 2001''. SEC. 2. FEDERAL TAX TREATMENT OF INCOME DERIVED BY INDIANS FROM NATURAL RESOURCES-RELATED ACTIVITIES. (a) In General.--Subchapter C of chapter 80 of the Internal Revenue Code of 1986 (relating to provisions affecting more than one subtitle) is amended by adding at the end the following new section: ``SEC. 7874. FEDERAL TAX TREATMENT OF INCOME DERIVED BY INDIANS FROM THE HARVEST OF TRIBALLY OWNED NATURAL RESOURCES. ``(a) In General.-- ``(1) Income and self-employment taxes.--No tax shall be imposed by subtitle A on income derived from a natural resources-related activity conducted-- ``(A) by a member of an Indian tribe directly or through a qualified Indian entity, or ``(B) by a qualified Indian entity. ``(2) Employment taxes.--No tax shall be imposed by subtitle C on remuneration paid for services performed in natural resources-related activity by one member of a tribe for another member of such tribe or for a qualified Indian entity. ``(b) Definitions.--For purposes of this section: ``(1) Natural resources-related activity.-- ``(A) In general.--The term `natural resources- related activity' means, with respect to an Indian tribe, any activity directly related to cultivating, harvesting, processing, extracting, or transporting natural resources held in trust by the United States for the benefit of such tribe or directly related to selling such natural resources but only if substantially all of the selling activity is performed by members of such tribe. ``(B) Extraction of minerals, etc. excluded.--Such term shall not include any activity directly related to extracting minerals, ores, oil, or gas. ``(2) Qualified indian entity.-- ``(A) In general.--The term `qualified Indian entity' means an entity-- ``(i) engaged in a natural resources- related activity of one or more Indian tribes, ``(ii) all of whose equity interests are owned by such tribes or members of such tribes, and ``(iii) substantially all of the management functions of the entity are performed by members of such tribes. ``(B) Entities engaged in processing or transportation.--Except as provided in regulations similar to regulations in effect under section 7873(b)(3)(A)(iii) on the date of the enactment of this section, if an entity is engaged to any extent in any processing or transporting of natural resources, the term `qualified Indian entity' shall also include an entity whose annual gross receipts are 90 percent or more derived from natural resources-related activities of one or more Indian tribes each of which owns at least 10 percent of the equity interests in the entity. For purposes of this subparagraph, equity interests owned by a member of such a tribe shall be treated as owned by the tribe. ``(c) Special Rules.-- ``(1) Distributions from qualified indian entity.--For purposes of this section, any distribution with respect to an equity interest in a qualified Indian entity of one or more Indian tribes to a member of one of such tribes shall be treated as derived by such member from a natural resources- related activity to the extent such distribution is attributable to income derived by such entity from a natural resources-related activity. ``(2) De minimis unrelated amounts may be excluded.--If, but for this paragraph, all but a de minimis amount derived by a qualified Indian tribal entity or by a tribal member through such entity, or paid to an individual for services, would be entitled to the benefits of subsection (a), then the entire amount shall be so entitled. ``(d) No Inference Created.--Nothing in this title shall create any inference as to the existence or non-existence or scope of any exemption from tax for income derived from tribal rights secured as of January 1, 2001, by any treaty, law, or Executive Order.''. (b) Conforming Amendment.--The table of sections for subchapter C of chapter 80 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec. 7874. Federal tax treatment of income derived by Indians from the harvest of tribally owned natural resources.''. (c) Effective Date.--The amendments made by this section shall apply to periods before, on, or after the date of the enactment of this Act.

Summary: Treatment of Indian Tribal Natural Resource Income Act of 2001 - Amends the Internal Revenue Code to prohibit the imposition of income taxes or income derived from a natural resources-related activity conducted by: (1) a member of an Indian tribe directly or through a qualified Indian entity; or (2) a qualified Indian entity.Prohibits the imposition of employment taxes on remuneration paid for services performed in natural resources-related activity by one member of a tribe for another member of such tribe or for a qualified Indian entity.