SECTION 1. SHORT TITLE. This Act may be cited as the ``Pharmaceutical Products Price Equity Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) Modern life enhancing and life sustaining drugs are the products of decades of scientific research and practice. (2) The refining and production of products by American pharmaceutical enterprises must be appropriately compensated. (3) The pricing of American pharmaceutical products varies greatly from country to country with the corporate owners of such products voluntarily assuming no losses by always selling their products above the cost of production. (4) Considering the vital life and death nature of pharmaceutical products, it is appropriate that the United States Government, in harmony with other nations belonging to the World Trade Organization, should engage in the reasonable regulation of the prices of pharmaceutical products. SEC. 3. REASONABLE LIMITS ON PROFITS OF PHARMACEUTICAL PRODUCTS. (a) Presidential Authority.--The President shall issue such orders and regulations, and establish such procedures and reporting requirements, as the President determines to be appropriate to ensure that no pharmaceutical product (as defined by the President in such regulation or order) is sold to any consumer in the United States at a price that is more than 6 percent above the average retail price at which such pharmaceutical product is sold in the 5 most industrialized, free-market countries, other than the United States, as determined by the President. (b) Delegation.--The President may delegate the performance of any function under this section to any officer of any Federal department or agency who has been appointed by the President, by and with the consent of the Senate. (c) Confidentiality of Information.--All information reported to or otherwise obtained by any person exercising any authority under this section which contains or relates to a trade secret or other matter referred to in section 1905 of title 18, United States Code, shall be considered confidential for purposes of that section, except that such information may be disclosed to any other officer or employee of the United States involved in carrying out this section solely for the purpose of carrying out, and enforcing compliance with, this section. (d) Subpoena Power and Production of Documents.-- (1) In general.--The officer of any agency or department to whom the President has delegated any authority under this section, may-- (A) examine any books, papers, records, or other data of any person which is relevant to the enforcement of this section or to any recordkeeping or reporting requirement prescribed for the purpose of carrying out this section; and (B) summon any person, an officer or employee of any person (including a former officer or employee), or any person having possession, custody, or care of the reports and records required to be made or maintained pursuant to this section, to appear at a time and place named in the summons and to produce such books, papers, records, or other data, and to give testimony, under oath, as may be relevant or material to an investigation or procedure under this section. (2) Administrative aspects of summons.-- (A) Production at designated site.--A summons issued pursuant to this section may require that books, papers, records, or other data stored or maintained at any place be produced at any designated location in any State or in any territory or other place subject to the jurisdiction of the United States not more than 500 miles distant from any place where the person summoned operates or conducts business in the United States. (B) Fees and travel expenses.--Persons summoned under this section shall be paid the same fees and mileage for travel in the United States that are paid witnesses in the courts of the United States. (C) No liability for expenses.--The United States shall not be liable for any expense, other than an expense described in subparagraph (B), incurred in connection with the production of books, papers, records, or other data under this section. (3) Service of summons.--Service of a summons issued under this section may be by registered mail or in such other manner calculated to give actual notice as the officer delegated by the President may prescribe by regulation. (4) Contumacy or refusal.-- (A) Referral to attorney general.--In case of contumacy by a person issued a summons under this subsection or a refusal by such person to obey such summons, the officer issuing the summons shall refer the matter to the Attorney General. (B) Jurisdiction of court.--The Attorney General may invoke the aid of any court of the United States within the jurisdiction of which-- (i) the investigation which gave rise to the summons is being or has been carried on; (ii) the person summoned is an inhabitant; or (iii) the person summoned carries on business or may be found, to compel compliance with the summons. (C) Court order.--The court may issue an order requiring the person summoned to appear before the Secretary or his delegate to produce books, papers, records, and other data, to give testimony as may be necessary to explain how such material was compiled and maintained, and to pay the costs of the proceeding. (D) Failure to comply with order.--Any failure to obey the order of the court may be punished by the court as a contempt thereof. (E) Service of process.--All process in any case under this subsection may be served in any judicial district in which such person may be found. SEC. 4. ENFORCEMENT. (a) Injunctions and Other Relief.-- (1) In general.--Whenever it appears to the officer authorized by the President to exercise authority under this Act, that any person has engaged, is engaged, or is about to engage in any act or practice that constitutes a violation of any regulation or order prescribed or issued pursuant to section 3, the officer may request the Attorney General to bring an action in an appropriate district court of the United States to enjoin such act or practice. (2) Remedies.--Upon a proper showing in any action under paragraph (1), the court-- (A) shall issue a temporary restraining order or grant a preliminary or permanent injunction without bond; (B) may also issue a mandatory injunction commanding any person to comply with any order or injunction issued or granted under subparagraph (A); and (C) may order restitution of moneys received in violation of any regulation prescribed or order issued under section 3 or any order issued or injunction granted under this section. (b) Penalties.-- (1) Criminal.--Whoever knowingly violates any regulation prescribed or order issued under section 3 shall be fined not more than the amount equal to 200 percent of the amount of the sale related to each violation. (2) Civil.-- (A) In general.--Whoever violates any regulation prescribed or order issued under section 3 shall be liable to the United States for a civil penalty of not more than 200 percent of the amount by which such person was unjustly enriched in connection with such violation. (B) Continuing violations.--A separate violation occurs for each sale of a pharmaceutical product in violation of a regulation prescribed or order issued under section 3. (C) Assessment.-- (i) Written notice.--Any penalty imposed under subparagraph (A) may be assessed and collected by the officer authorized by the President to exercise authority under this Act by written notice. (ii) Finality of assessment.--If, with respect to any assessment under clause (i), a hearing is not requested pursuant to subparagraph (F) within the period of time allowed under such subparagraph, the assessment shall constitute a final and unappealable order. (D) Authority to modify or remit penalty.--Any officer authorized by the President to exercise authority under this Act may compromise, modify, or remit any penalty which such officer may assess or had already assessed under subparagraph (A). (E) Mitigating factors.--In determining the amount of any penalty imposed under subparagraph (A), the officer authorized by the President to exercise authority under this Act shall take into account the appropriateness of the penalty with respect to-- (i) the size of financial resources and good faith of the person charged; (ii) the gravity of the violation; (iii) the history of previous violations; and (iv) such other matters as justice may require. (F) Hearing.--The person against whom any penalty is assessed under this paragraph shall be afforded an agency hearing if such person submits a request for such hearing within 20 days after the issuance of the notice of assessment. (G) Collection.-- (i) Referral.--If any person fails to pay an assessment after any penalty assessed under this paragraph has become final, the officer who imposed the penalty shall recover the amount assessed by action in the appropriate United States district court. (ii) Appropriateness of penalty not reviewable.--In any civil action under clause (i), the validity and appropriateness of the penalty shall not be subject to review. (H) Disbursement.--All penalties collected under authority of this paragraph shall be deposited into the Treasury. (I) Regulations.--Any officer authorized by the President to exercise authority under this Act shall prescribe regulations establishing such procedures as may be necessary to carry out this paragraph. SEC. 5. CIVIL LIABILITY. (a) Liability Established.--Any person who violates any regulation prescribed or order issued under this Act with respect to any other person shall be liable to such person in an amount equal to the sum of the amounts determined under each of the following paragraphs: (1) Actual damages.--The greater of-- (A) the amount of any actual damage sustained by such person as a result of such failure; or (B) any amount paid by the injured person to the violator. (2) Punitive damages.-- (A) Individual actions.--In the case of any action by an individual, such additional amount as the court may allow. (B) Class actions.--In the case of a class action, the sum of-- (i) the aggregate of the amount which the court may allow for each named plaintiff; and (ii) the aggregate of the amount which the court may allow for each other class member, without regard to any minimum individual recovery. (3) Attorneys' fees.--In the case of any successful action to enforce any liability under paragraph (1) or (2), the costs of the action, together with reasonable attorneys' fees. (b) Factors To Be Considered in Awarding Punitive Damages.--In determining the amount of any liability of any person under section (a), the court shall consider, among other relevant factors-- (1) the frequency and persistence of noncompliance by the violator; (2) the nature of the noncompliance; (3) the extent to which such noncompliance was intentional; and (4) in the case of any class action, the number of consumers adversely affected. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the President for fiscal years 2003, 2004, and 2005, such sums as may be necessary to carry out this Act.

Summary: Pharmaceutical Products Price Equity Act - Directs the President to issue orders and regulations, and establish procedures and reporting requirements, to ensure that no pharmaceutical product is sold to any consumer in the United States at a price that is more than six percent above the average retail price at which such pharmaceutical product is sold in the five most industrialized, free-market countries, other than the United States. Sets forth enforcement and civil liability provisions.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Prepaid Card Consumer Protection Act of 2010''. SEC. 2. DEFINITIONS. (a) Definition of ``Account''.--Section 903 of the Electronic Fund Transfer Act (15 U.S.C. 1693a) is amended by striking paragraph (2) and inserting the following: ``(2) the term `account'-- ``(A) means-- ``(i) a demand deposit, savings deposit, or other asset account (other than an occasional or incidental credit balance in an open end credit plan as defined in section 103(i) of this Act), as described in regulations of the Bureau, established primarily for personal, family, or household purposes, including a payroll card account, as defined by the Bureau by rule; and ``(ii) a spending card account, as defined in section 924(a); and ``(B) does not include an account held by a financial institution pursuant to a bona fide trust agreement;''. (b) Definition of ``Financial Institution''.--Section 903(9) of the Electronic Fund Transfer Act (15 U.S.C. 1693a(9)) is amended by striking ``holds an account'' and inserting ``provides or holds an account containing funds''. (c) Technical and Conforming Amendments.--Section 903 of the Electronic Fund Transfer Act (15 U.S.C. 1693a) is amended-- (1) by redesignating paragraph (4) (relating to the Board of Governors of the Federal Reserve System), as so designated by section 1084(2)(A) of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Public Law 111-203; 124 Stat. 2081), as paragraph (3); and (2) in paragraph (3), as so redesignated by paragraph (1) of this subsection, by striking ``term `Bureau' means the Bureau of Governors'' and inserting ``term `Board' means the Board of Governors''. SEC. 3. SPENDING CARD ACCOUNTS. (a) Spending Card Accounts.--The Electronic Fund Transfer Act (15 U.S.C. 1693 et seq.) is amended-- (1) by redesignating section 923 (15 U.S.C. 1693 note), relating to the effective date of the Electronic Fund Transfer Act, as so designated by section 1073 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Public Law 111-203; 124 Stat. 2060), as section 925; (2) by redesignating section 922 (15 U.S.C. 1693r), relating to exemptions for State regulation, as so designated by section 1073 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Public Law 111-203; 124 Stat. 2060), as section 923; and (3) by inserting after section 923, as redesignated by paragraph (2), the following: ``Sec. 924. Spending card accounts ``(a) Definition.--For purposes of this section, the term `spending card account'-- ``(1) means an asset account, other than as defined in subparagraph (A)(i) or (B) of section 903(2)-- ``(A) that is established by a consumer or on behalf of a consumer; ``(B) that contains the funds of a consumer; ``(C) to which payments are to be made by a consumer, or at the direction of a consumer; ``(D) to which recurring electronic fund transfers may be made, at the direction of a consumer; or ``(E) from which payments may be made at the direction of a consumer through the use of a card, code, or device; ``(2) includes an asset account described in paragraph (1)-- ``(A) that is operated or managed by a financial institution, or any other person; and ``(B) the funds of which are-- ``(i) pooled with the funds of a person other than the person who established the account; or ``(ii) held in a name other than that of the person who established the account; and ``(3) does not include-- ``(A) a nonreloadable general-use prepaid card, as defined in section 915(a)(2)(A), in an amount that does not exceed $250; ``(B) a general-use prepaid card, as defined in section 915(a)(2)(A), that is solely associated with-- ``(i) a health plan to which section 105 of the Internal Revenue Code of 1986 applies; ``(ii) a qualified transportation fringe, as defined in section 132(f) of the Internal Revenue Code of 1986; ``(iii) a health savings account, as defined in section 223(d) of the Internal Revenue Code of 1986; or ``(iv) any other healthcare benefit account, including a healthcare account relating to Medicare or Medicaid benefits; ``(C) a gift certificate, as defined in section 915(a)(2)(B); ``(D) a store gift card, as defined in section 915(a)(2)(C); ``(E) an electronic promise, plastic card, or payment code or device described in clause (i), (v), or (vi) of section 915(a)(2)(D); ``(F) a nonreloadable card labeled as a gift card and marketed solely as a gift card; or ``(G) a nonreloadable loyalty, rebate or promotional card. ``(b) FDIC Insurance.-- ``(1) Insurance required.--A financial institution may only offer electronic fund transfer services in connection with a spending card account if the account is insured under, and complies with the requirements for pass-through deposit insurance under, section 11 of the Federal Deposit Insurance Act (12 U.S.C. 1821). ``(2) Transfer of funds.--Any person that accepts funds in connection with an electronic fund transfer to a spending card account shall promptly, and in no event later than 24 hours after the person accepts the funds-- ``(A) transfer such funds to an account at an insured depository institution (as defined in section 3(c) of the Federal Deposit Insurance Act (12 U.S.C. 1813(c))); or ``(B) credit the spending card account an amount equal to the amount of such funds. ``(c) Alternative to Periodic Statement.-- ``(1) Periodic statement not required.--In the case of an electronic fund transfer from a spending card account, a financial institution shall not be subject to the requirement under section 906(c) to provide a periodic statement to a consumer, if-- ``(A) the financial institution provides to the consumer-- ``(i) access to the account balance of the consumer-- ``(I) through a readily available telephone line; ``(II) through the Internet; and ``(III) at an electronic terminal or other device that allows the consumer to make a balance inquiry, by providing balance information or, routinely or upon request, on a receipt provided at the electronic terminal at the time of an electronic fund transfer; ``(ii) notice of the means by which the consumer may access the account balance of the consumer, including any telephone number; ``(iii) in response to an oral or written request of the consumer, a written record of the account transactions of the consumer during the 2-year period ending on the date of the request that includes the information required to be provided to the consumer under section 906(c); ``(iv) an electronic record, such as a record available on the Internet, of the account transactions of the consumer during the 60-day period ending on the date on which the consumer accesses the electronic record that includes the information required to be provided to the consumer under section 906(c); ``(v) with at least the same frequency as a written periodic statement that would otherwise be required under section 906, notification by email of the availability of an electronic history or an electronic periodic statement, unless the consumer has declined to provide an email address; ``(vi) the option to receive a written periodic statement and notice of such option; ``(vii) annual notice of the error resolution procedure for the spending card account, as prescribed in regulations of the Bureau; and ``(viii) any other transaction information that the financial institution elects to make available and that the consumer elects to receive, such as messages or alerts concerning balance levels or account activity; or ``(B) the consumer does not provide a valid address to the card issuer. ``(2) Fees prohibited.-- ``(A) In general.--Except as provided in subparagraph (B), a financial institution may not charge a fee for any service provided under paragraph (1). ``(B) Fee for written periodic statement.--A financial institution may charge a fee of not more than $1 for each written periodic statement provided under paragraph (1)(A)(vi). ``(3) No election by consumer.--If a consumer does not provide an email address to a financial institution and does not elect to receive written periodic statements under paragraph (1)(A)(vi), the financial institution shall provide a written statement to the consumer at least once each year, at no cost to the consumer, that contains the date, source, and amount of each transaction made or fee charged, together with such additional information as the Bureau may require. ``(d) Limitations on Liability.--For purposes of section 909(a), reimbursement need not be made to a consumer for a loss relating to a spending card account that a financial institution establishes would not have occurred but for the failure of the consumer to report any unauthorized electronic fund transfer or account error-- ``(1) not later than 60 days after the earlier of-- ``(A) the receipt by the consumer of a written account record under subsection (c)(1) that includes the unauthorized electronic fund transfer or account error; or ``(B) the date on which account information that includes the unauthorized electronic fund transfer or account error is provided to or accessed by the consumer under subsection (c); or ``(2) in extenuating circumstances, such as extended travel or hospitalization, within a longer time that is reasonable under the circumstances. ``(e) Fees.-- ``(1) Fees prohibited.--Except as provided in paragraph (2), a financial institution may not charge in connection with a spending card account-- ``(A) an annual fee; ``(B) an overdraft fee, including a fee for shortage or nonsufficient funds, or any other fee for a transaction processed for amounts exceeding the account balance; ``(C) a usage fee for use at the point of sale; ``(D) a fee for a declined transaction; ``(E) a fee for the use of an electronic terminal that is in the network of the issuer; ``(F) an inactivity or dormancy fee; ``(G) a fee for a balance inquiry or access to transaction information; ``(H) a fee for an inquiry to customer service; ``(I) a finance charge or other fee imposed in connection with an extension of credit; ``(J) an account closing fee or a fee to obtain the remaining balance in the spending card account; or ``(K) a fee for any activity not described in paragraph (2). ``(2) Fees permitted.--A financial institution may charge in connection with a spending card account-- ``(A) a fee for a replacement card-- ``(i) of not more than $5 for the first replacement card requested by a consumer during any 12-month period; and ``(ii) that is in addition to the replacement card described in clause (i); ``(B) a fee for expedited delivery of a replacement card; ``(C) a periodic fee, not more frequently than monthly; ``(D) a reload fee, or any other fee for adding value to the spending card account, if the financial institution provides an alternate method for adding value to the spending card account without a fee; ``(E) a fee for a transfer from the spending card account to another account; ``(F) a fee for bill payment by check; ``(G) a fee for a withdrawal by the consumer from an electronic terminal that is-- ``(i) located outside the United States; ``(ii) not in the network of the financial institution, including a fee to cover the costs of any charge to the financial institution by the owner of the electronic terminal relating to the use of the electronic terminal by the consumer; ``(H) a fee for a purchase or a withdrawal in a foreign currency; and ``(I) an activation, initiation, or enrollment fee. ``(3) Disclosure of fee information.-- ``(A) Disclosure required.--Each financial institution that offers a spending card account shall provide to a consumer-- ``(i) together with any application, offer, or solicitation for a spending card account-- ``(I) a table of any fees that may be charged in connection with the spending card account that-- ``(aa) can be easily understood by the consumer; ``(bb) is conspicuously displayed to the consumer before purchase; and ``(cc) includes, at a minimum, the amount and a description of each fee that may be charged by the financial institution under paragraph (2); and ``(II) an estimate of the average total monthly cost to a typical consumer for using the spending card account; ``(ii) on the card or other means of access, a toll-free telephone number and website at which the consumer may access a clear and conspicuous disclosure of the fees that may be charged in connection with the spending card account; and ``(iii) a wallet-sized summary of any fees that may be charged in connection with the spending card account and a toll-free telephone number for customer service relating to the spending card account. ``(B) Regulations.--Not later than 9 months after the date of enactment of the Prepaid Card Consumer Protection Act of 2010, the Bureau shall establish, by regulation-- ``(i) the headings, content, and format of the fee table, estimate, and wallet-sized fee summary required under subparagraph (A); and ``(ii) a profile of the typical consumer for purposes of subparagraph (A)(i)(II).''. (b) Technical and Conforming Amendments.-- (1) Written periodic statements.--Section 906(c) of the Electronic Fund Transfer Act (15 U.S.C. 1693d(c)) is amended, in the first sentence of the matter preceding paragraph (1), by striking ``A financial'' and inserting ``Except as provided in section 923(c), a financial''. (2) Error resolution.--Section 908(a) of the Electronic Fund Transfer Act (15 U.S.C. 1693f(a)) is amended by striking ``or notification pursuant to section 906(b)'' and inserting ``, notification pursuant to section 906(b), or written or electronic documentation pursuant to section 923(c)''. SEC. 4. EFFECTIVE DATE. This Act, and the amendments made by this Act, shall take effect on the date that is 6 months after the date of enactment of this Act.

Summary: Prepaid Card Consumer Protection Act of 2010 - Amends the Electronic Fund Transfer Act to extend its coverage to spending card accounts (prepaid cards) established by a consumer (or on a consumer's behalf): (1) to which recurring electronic fund transfers may be made, at the consumer's direction, and (2) from which payments may be made, at the consumer's direction, through the use of a card, code, or device. Treats as a spending card account any similar asset account operated or managed by a financial institution, or any other person, whose funds: (1) are pooled with the funds of a person other than the one who established the account, or (2) are held in a name other than that of the person who established the account. Excludes from the meaning of spending card account: (1) any nonreloadable general-use prepaid card in an amount under $250; and (2) any general-use prepaid card solely associated with a certain kind of health plan, a qualified transportation fringe, a health savings account or any other healthcare benefit account, a gift certificate, a store gift card, an electronic promise, plastic card, or payment code, or device, a nonreloadable card labeled as a gift card and marketed solely as such, or a nonreloadable loyalty, rebate, or promotional card. Requires a financial institution to offer electronic fund transfer services in connection with a spending card account only if the account is insured under the Federal Deposit Insurance Act and complies with its pass-through deposit insurance requirements. Requires any person that accepts funds in connection with an electronic fund transfer to a spending card account to: (1) transfer them, within 24 hours after accepting them, to an account at an insured depository institution; or (2) credit the spending card account an amount equal to the amount of such funds. Waives the requirement for providing a consumer with a periodic statement if a financial institution, among other things, provides the consumer with access to the account balance through a readily available telephone line and the Internet and at an electronic terminal or other device (ATM machine) that allows the consumer to make a balance inquiry. Prohibits the charging of fees for services required to meet these requirements, other than $1 for an optional periodic statement. Specifies other fees which may and may not be charged in connection with a spending account card.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Appalachian Regional Development Act Amendments of 2002''. SEC. 2. PURPOSES. (a) This Act.--The purposes of this Act are-- (1) to reauthorize the Appalachian Regional Development Act of 1965 (40 U.S.C. App.); and (2) to ensure that the people and businesses of the Appalachian region have the knowledge, skills, and access to telecommunication and technology services necessary to compete in the knowledge-based economy of the United States. (b) Appalachian Regional Development Act of 1965.--Section 2 of the Appalachian Regional Development Act of 1965 (40 U.S.C. App.) is amended-- (1) in subsection (b), by inserting after the third sentence the following: ``Consistent with the goal described in the preceding sentence, the Appalachian region should be able to take advantage of eco-industrial development, which promotes both employment and economic growth and the preservation of natural resources.''; and (2) in subsection (c)(2)(B)(ii), by inserting ``, including eco-industrial development technologies'' before the semicolon. SEC. 3. FUNCTIONS OF THE COMMISSION. Section 102(a) of the Appalachian Regional Development Act of 1965 (40 U.S.C. App.) is amended-- (1) in paragraph (5), by inserting ``, and support,'' after ``formation of''; (2) in paragraph (7), by striking ``and'' at the end; (3) in paragraph (8), by striking the period at the end and inserting a semicolon; and (4) by adding at the end the following: ``(9) encourage the use of eco-industrial development technologies and approaches; and ``(10) seek to coordinate the economic development activities of, and the use of economic development resources by, Federal agencies in the region.''. SEC. 4. INTERAGENCY COORDINATING COUNCIL ON APPALACHIA. Section 104 of the Appalachian Regional Development Act of 1965 (40 U.S.C. App.) is amended-- (1) by striking ``The President'' and inserting ``(a) In General.--The President''; and (2) by adding at the end the following: ``(b) Interagency Coordinating Council on Appalachia.-- ``(1) Establishment.--In carrying out subsection (a), the President shall establish an interagency council to be known as the `Interagency Coordinating Council on Appalachia'. ``(2) Membership.--The Council shall be composed of-- ``(A) the Federal Cochairman, who shall serve as Chairperson of the Council; and ``(B) representatives of Federal agencies that carry out economic development programs in the region.''. SEC. 5. TELECOMMUNICATIONS AND TECHNOLOGY INITIATIVE. Title II of the Appalachian Regional Development Act of 1965 (40 U.S.C. App.) is amended by inserting after section 202 the following: ``SEC. 203. TELECOMMUNICATIONS AND TECHNOLOGY INITIATIVE. ``(a) In General.--The Commission may provide technical assistance, make grants, enter into contracts, or otherwise provide funds to persons or entities in the region for projects-- ``(1) to increase affordable access to advanced telecommunications, entrepreneurship, and management technologies or applications in the region; ``(2) to provide education and training in the use of telecommunications and technology; ``(3) to develop programs to increase the readiness of industry groups and businesses in the region to engage in electronic commerce; or ``(4) to support entrepreneurial opportunities for businesses in the information technology sector. ``(b) Source of Funding.-- ``(1) In general.--Assistance under this section may be provided-- ``(A) exclusively from amounts made available to carry out this section; or ``(B) from amounts made available to carry out this section in combination with amounts made available under any other Federal program or from any other source. ``(2) Federal share requirements specified in other laws.-- Notwithstanding any provision of law limiting the Federal share under any other Federal program, amounts made available to carry out this section may be used to increase that Federal share, as the Commission determines to be appropriate. ``(c) Cost Sharing for Grants.--Not more than 50 percent (or 80 percent in the case of a project to be carried out in a county for which a distressed county designation is in effect under section 226) of the costs of any activity eligible for a grant under this section may be provided from funds appropriated to carry out this section.''. SEC. 6. ENTREPRENEURSHIP INITIATIVE. Title II of the Appalachian Regional Development Act of 1965 (40 U.S.C. App.) is amended by inserting after section 203 (as added by section 5) the following: ``SEC. 204. ENTREPRENEURSHIP INITIATIVE. ``(a) Definition of Business Incubator Service.--In this section, the term `business incubator service' means a professional or technical service necessary for the initiation and initial sustainment of the operations of a newly established business, including a service such as-- ``(1) a legal service, including aid in preparing a corporate charter, partnership agreement, or basic contract; ``(2) a service in support of the protection of intellectual property through a patent, a trademark, or any other means; ``(3) a service in support of the acquisition and use of advanced technology, including the use of Internet services and Web-based services; and ``(4) consultation on strategic planning, marketing, or advertising. ``(b) Projects To Be Assisted.--The Commission may provide technical assistance, make grants, enter into contracts, or otherwise provide funds to persons or entities in the region for projects-- ``(1) to support the advancement of, and provide, entrepreneurial training and education for youths, students, and businesspersons; ``(2) to improve access to debt and equity capital by such means as facilitating the establishment of development venture capital funds; ``(3) to aid communities in identifying, developing, and implementing development strategies for various sectors of the economy; and ``(4)(A) to develop a working network of business incubators; and ``(B) to support entities that provide business incubator services. ``(c) Source of Funding.-- ``(1) In general.--Assistance under this section may be provided-- ``(A) exclusively from amounts made available to carry out this section; or ``(B) from amounts made available to carry out this section in combination with amounts made available under any other Federal program or from any other source. ``(2) Federal share requirements specified in other laws.-- Notwithstanding any provision of law limiting the Federal share under any other Federal program, amounts made available to carry out this section may be used to increase that Federal share, as the Commission determines to be appropriate. ``(d) Cost Sharing for Grants.--Not more than 50 percent (or 80 percent in the case of a project to be carried out in a county for which a distressed county designation is in effect under section 226) of the costs of any activity eligible for a grant under this section may be provided from funds appropriated to carry out this section.''. SEC. 7. REGIONAL SKILLS PARTNERSHIPS. Title II of the Appalachian Regional Development Act of 1965 (40 U.S.C. App.) is amended by inserting after section 204 (as added by section 6) the following: ``SEC. 205. REGIONAL SKILLS PARTNERSHIPS. ``(a) Definition of Eligible Entity.--In this section, the term `eligible entity' means a consortium that-- ``(1) is established to serve 1 or more industries in a specified geographic area; and ``(2) consists of representatives of-- ``(A) businesses (or a nonprofit organization that represents businesses); ``(B) labor organizations; ``(C) State and local governments; or ``(D) educational institutions. ``(b) Projects To Be Assisted.--The Commission may provide technical assistance, make grants, enter into contracts, or otherwise provide funds to eligible entities in the region for projects to improve the job skills of workers for a specified industry, including projects for-- ``(1) the assessment of training and job skill needs for the industry; ``(2) the development of curricula and training methods, including, in appropriate cases, electronic learning or technology- based training; ``(3)(A) the identification of training providers; and ``(B) the development of partnerships between the industry and educational institutions, including community colleges; ``(4) the development of apprenticeship programs; ``(5) the development of training programs for workers, including dislocated workers; and ``(6) the development of training plans for businesses. ``(c) Administrative Costs.--An eligible entity may use not more than 10 percent of the funds made available to the eligible entity under subsection (b) to pay administrative costs associated with the projects described in subsection (b). ``(d) Source of Funding.-- ``(1) In general.--Assistance under this section may be provided-- ``(A) exclusively from amounts made available to carry out this section; or ``(B) from amounts made available to carry out this section in combination with amounts made available under any other Federal program or from any other source. ``(2) Federal share requirements specified in other laws.-- Notwithstanding any provision of law limiting the Federal share under any other Federal program, amounts made available to carry out this section may be used to increase that Federal share, as the Commission determines to be appropriate. ``(e) Cost Sharing for Grants.--Not more than 50 percent (or 80 percent in the case of a project to be carried out in a county for which a distressed county designation is in effect under section 226) of the costs of any activity eligible for a grant under this section may be provided from funds appropriated to carry out this section.''. SEC. 8. PROGRAM DEVELOPMENT CRITERIA. (a) Elimination of Growth Center Criteria.--Section 224(a)(1) of the Appalachian Regional Development Act of 1965 (40 U.S.C. App.) is amended by striking ``in an area determined by the State have a significant potential for growth or''. (b) Assistance to Distressed Counties and Areas.--Section 224 of the Appalachian Regional Development Act of 1965 (40 U.S.C. App.) is amended by adding at the end the following: ``(d) Assistance to Distressed Counties and Areas.--For fiscal year 2003 and each fiscal year thereafter, not less than 50 percent of the amount of grant expenditures approved by the Commission shall support activities or projects that benefit severely and persistently distressed counties and areas.''. SEC. 9. GRANTS FOR ADMINISTRATIVE EXPENSES OF LOCAL DEVELOPMENT DISTRICTS. Section 302(a)(1)(A)(i) of the Appalachian Regional Development Act of 1965 (40 U.S.C. App.) is amended by inserting ``(or, at the discretion of the Commission, 75 percent of such expenses in the case of a local development district that has a charter or authority that includes the economic development of a county or part of a county for which a distressed county designation is in effect under section 226)'' after ``such expenses''. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. Section 401 of the Appalachian Regional Development Act of 1965 (40 U.S.C. App.) is amended to read as follows: ``SEC. 401. AUTHORIZATION OF APPROPRIATIONS. ``(a) In General.--In addition to amounts authorized by section 201 and other amounts made available for the Appalachian development highway system program, there are authorized to be appropriated to the Commission to carry out this Act-- ``(1) $88,000,000 for each of fiscal years 2002 through 2004; ``(2) $90,000,000 for fiscal year 2005; and ``(3) $92,000,000 for fiscal year 2006. ``(b) Telecommunications and Technology Initiative.--Of the amounts made available under subsection (a), the following amounts may be made available to carry out section 203: ``(1) $10,000,000 for fiscal year 2002. ``(2) $8,000,000 for fiscal year 2003. ``(3) $5,000,000 for each of fiscal years 2004 through 2006. ``(c) Availability.--Sums made available under subsection (a) shall remain available until expended.''. SEC. 11. ADDITION OF COUNTIES TO APPALACHIAN REGION. Section 403 of the Appalachian Regional Development Act of 1965 (40 U.S.C. App.) is amended-- (1) in the third undesignated paragraph (relating to Kentucky)-- (A) by inserting ``Edmonson,'' after ``Cumberland,''; (B) by inserting ``Hart,'' after ``Harlan,''; and (C) by striking ``Montogomery,'' and inserting ``Montgomery,''; and (2) in the fifth undesignated paragraph (relating to Mississippi)-- (A) by inserting ``Montgomery,'' after ``Monroe,''; and (B) by inserting ``Panola,'' after ``Oktibbeha,''. SEC. 12. TERMINATION. Section 405 of the Appalachian Regional Development Act of 1965 (40 U.S.C. App.) is amended by striking ``2001'' and inserting ``2006''. SEC. 13. TECHNICAL AND CONFORMING AMENDMENTS. (a) Section 101(b) of the Appalachian Regional Development Act of 1965 (40 U.S.C. App.) is amended in the third sentence by striking ``implementing investment program'' and inserting ``strategy statement''. (b) Section 106(7) of the Appalachian Regional Development Act of 1965 (40 U.S.C. App.) is amended by striking ``expiring no later than September 30, 2001''. (c) Sections 202, 214, and 302(a)(1)(C) of the Appalachian Regional Development Act of 1965 (40 U.S.C. App.) are amended by striking ``grant-in-aid programs'' each place it appears and inserting ``grant programs''. (d) Section 202(a) of the Appalachian Regional Development Act of 1965 (40 U.S.C. App.) is amended in the second sentence by striking ``title VI of the Public Health Service Act (42 U.S.C. 291-291o), the Mental Retardation Facilities and Community Mental Health Centers Construction Act of 1963 (77 Stat. 282),'' and inserting ``title VI of the Public Health Service Act (42 U.S.C. 291 et seq.), the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15001 et seq.),''. (e) Section 207(a) of the Appalachian Regional Development Act of 1965 (40 U.S.C. App.) is amended by striking ``section 221 of the National Housing Act, section 8 of the United States Housing Act of 1937, section 515 of the Housing Act of 1949,'' and inserting ``section 221 of the National Housing Act (12 U.S.C. 1715l), section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f), section 515 of the Housing Act of 1949 (42 U.S.C. 1485),''. (f) Section 214 of the Appalachian Regional Development Act of 1965 (40 U.S.C. App.) is amended-- (1) in the section heading, by striking ``grant-in-aid'' and inserting ``grant''; (2) in subsection (a)-- (A) by striking ``grant-in-aid Act'' each place it appears and inserting ``Act''; (B) in the first sentence, by striking ``grant-in-aid Acts'' and inserting ``Acts''; (C) by striking ``grant-in-aid program'' each place it appears and inserting ``grant program''; and (D) by striking the third sentence; (3) by striking subsection (c) and inserting the following: ``(c) Definition of Federal Grant Program.-- ``(1) In general.--In this section, the term `Federal grant program' means any Federal grant program authorized by this Act or any other Act that provides assistance for-- ``(A) the acquisition or development of land; ``(B) the construction or equipment of facilities; or ``(C) any other community or economic development or economic adjustment activity. ``(2) Inclusions.--In this section, the term `Federal grant program' includes a Federal grant program such as a Federal grant program authorized by-- ``(A) the Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et seq.); ``(B) the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-4 et seq.); ``(C) the Watershed Protection and Flood Prevention Act (16 U.S.C. 1001 et seq.); ``(D) the Carl D. Perkins Vocational and Technical Education Act of 1998 (20 U.S.C. 2301 et seq.); ``(E) the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); ``(F) title VI of the Public Health Service Act (42 U.S.C. 291 et seq.); ``(G) sections 201 and 209 of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3141, 3149); ``(H) title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.); or ``(I) part IV of title III of the Communications Act of 1934 (47 U.S.C. 390 et seq.). ``(3) Exclusions.--In this section, the term `Federal grant program' does not include-- ``(A) the program for construction of the Appalachian development highway system authorized by section 201; ``(B) any program relating to highway or road construction authorized by title 23, United States Code; or ``(C) any other program under this Act or any other Act to the extent that a form of financial assistance other than a grant is authorized.''; and (4) by striking subsection (d). (g) Section 224(a)(2) of the Appalachian Regional Development Act of 1965 (40 U.S.C. App.) is amended by striking ``relative per capita income'' and inserting ``per capita market income''. (h) Section 225 of the Appalachian Regional Development Act of 1965 (40 U.S.C. App.)-- (1) in subsection (a)(3), by striking ``development program'' and inserting ``development strategies''; and (2) in subsection (c)(2), by striking ``development programs'' and inserting ``development strategies''. (i) Section 303 of the Appalachian Regional Development Act of 1965 (40 U.S.C. App.) is amended-- (1) in the section heading, by striking ``investment programs'' and inserting ``strategy statements''; (2) in the first sentence, by striking ``implementing investments programs'' and inserting ``strategy statements''; and (3) by striking ``implementing investment program'' each place it appears and inserting ``strategy statement''. (j) Section 403 of the Appalachian Regional Development Act of 1965 (40 U.S.C. App.) is amended in the next-to-last undesignated paragraph by striking ``Committee on Public Works and Transportation'' and inserting ``Committee on Transportation and Infrastructure''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Summary: Appalachian Regional Development Act Amendments of 2002 - Amends the Appalachian Regional Development Act of 1965 to include as functions of the Appalachian Regional Commission that it: (1) support local development districts; (2) encourage the use of eco-industrial development technologies and approaches; and (3) seek to coordinate economic development activities of, and the use of economic development resources by, Federal agencies in the Appalachian region.(Sec. 4) Directs the President to establish the Interagency Coordinating Council on Appalachia.(Sec. 5) Authorizes the Commission to provide technical assistance and make grants, enter into contracts, and otherwise provide funds to persons or entities in the region for projects to: (1) increase affordable access to advanced telecommunications, entrepreneurship, and management technologies or applications; (2) provide education and training in the use of telecommunications and technology; (3) develop programs to increase the readiness of industry groups and businesses in the region to engage in electronic commerce; or (4) support entrepreneurial opportunities for businesses in the information technology sector.(Sec. 6) Authorizes the Commission to provide technical assistance, make grants, enter into contracts, or otherwise provide funds to persons or entities in the region for projects to: (1) support the advancement of, and provide, entrepreneurial training and education for youths, students, and businesspersons; (2) improve access to debt and equity capital, by such means as the establishment of development venture capital funds; (3) aid communities in identifying, developing, and implementing development strategies for various sectors of the economy; and (4) develop a working network of business incubators and to support entities that provide business incubator services. Defines "business incubator service" as a professional or technical service necessary for the initiation and initial sustainment of the operations of a newly established business.(Sec. 7) Authorizes the Commission to provide technical assistance, make grants, enter into contracts, or otherwise provide funds to eligible entities in the region for projects to improve the job skills of workers in a specified industry. Limits all grants under this Act to 50 percent of project costs or 80 percent for projects carried out in distress-designated counties.(Sec. 8) Eliminates from criteria for programs and projects to be given assistance under the Act that an area have significant growth potential. Requires that, for FY 2003 and each fiscal year thereafter, not less than 50 percent of the amount of grant expenditures approved by the Commission support activities or projects that benefit severely and persistently distressed counties and areas.(Sec. 9) Allows, at the Commission's discretion, for coverage of up to 75 percent of the administrative expenses of local development districts that have a charter or authority that includes the economic development of a county for which a distressed county designation is in effect.(Sec. 10) Extends through FY 2006 the authorization of appropriations for: (1) carrying out the Act; and (2) the telecommunications and technology initiative.(Sec. 11) Adds Edmonson and Hart ( Kentucky), and Montgomery and Panola (Mississippi) to the counties included in the Appalachian region.(Sec. 12) Extends the deadline for the termination of certain provisions of the Act to October 1, 2006.


SECTION 1. AIR FORCE ROLE IN MANAGEMENT OF CIVIL AIR PATROL AS CIVILIAN AUXILIARY OF THE AIR FORCE. (a) In General.--Chapter 909 of title 10, United States Code, is amended-- (1) by redesignating section 9442 as section 9443; and (2) by inserting after section 9441 the following new section: ``Sec. 9442. Air Force role in management ``(a) Administrative Responsibility.--In its capacity as a federally chartered corporation under chapter 403 of title 36 and a volunteer civilian auxiliary of the Air Force, the Civil Air Patrol shall be administered by the Chief of Staff of the Air Force, under the direction of the Secretary of the Air Force. For command, control, and administrative purposes, the Civil Air Patrol shall have such organizational elements as are approved by the Secretary of the Air Force in regulations. ``(b) Board of Directors.--(1) The Secretary of the Air Force shall appoint a National Board of Directors for the Civil Air Patrol. The National Board of Directors shall be composed of the following: ``(A) General officers of the Air Force, including the Air Force Reserve and Air National Guard. ``(B) Senior civilian employees of the Department of the Air Force. ``(C) Members appointed from the volunteer Civil Air Patrol membership. ``(2) The chairman of the National Board of Directors shall be the member of the Board who is the senior active duty Air Force officer. The members of the Board appointed under paragraph (1)(C) may not exceed a minority of the Board. ``(c) Executive Direction.--(1) The National Board of Directors shall appoint for the Civil Air Patrol the following: ``(A) A National Commander, to be appointed from the civilian volunteer membership of the Civil Air Patrol. ``(B) An Executive Director. ``(C) A Safety Officer. ``(D) An Inspector General. ``(2) The Executive Director, Safety Officer, and Inspector General appointed under paragraph (1) shall report directly to the Secretary of the Air Force through the National Board of Directors. ``(3) The Chief of Staff of the Air Force may assign officers and enlisted members of the Air Force on active duty and civilian employees of the Department of the Air Force to serve on the staff of the national headquarters of the Civil Air Patrol. ``(d) Effect of Appointment or Assignment.--(1) The appointment or assignment of members of the armed forces or civilian employees under subsection (b) or (c) is not precluded by any law or regulation prohibiting active duty members of the armed forces or civilian employees from participating in the management of non-Federal entities. ``(2) An officer or enlisted member of the Air Force appointed to or assigned to duty in a Civil Air Patrol management position specified in subsection (b) or (c) shall not receive any compensation, other than the regular military compensation to which the officer or member is otherwise entitled, as a result of the appointment or assignment. ``(e) Use of Civil Air Patrol Members and Employees.--(1) The Executive Director and National Board of Directors may use such Civil Air Patrol employees and volunteer Civil Air Patrol members as the Executive Director and National Board of Directors considers necessary to administer the Civil Air Patrol and to ensure that it is capable of assisting the Department of the Air Force in the performance of its noncombat mission. ``(2) Except as provided in section 9441(c) of this title, a member of the Civil Air Patrol or an employee of the Civil Air Patrol is not a Federal employee and is not subject to the provisions of law relating to Federal employment, including those relating to hours of work, rates of compensation, leave, unemployment compensation, Federal employee benefits, ethics, conflicts of interest, and other similar criminal or civil statutes and regulations governing the conduct of Federal employees. However, nothing in this paragraph shall constrain the Secretary of the Air Force from prescribing standards of conduct and behavior for Civil Air Patrol members and employees. ``(f) Funds Management.--All funds provided to the Civil Air Patrol under subsections (b) and (d) of section 9441 of this title, or any other provision of law, are subject to the requirements of sections 6304 and 6305 of title 31 (commonly known as the Federal Grant and Cooperative Agreement Act) and the Federal regulations governing the provision of appropriated funds to private, nonprofit organizations. ``(g) Relation to Federal Charter.--The powers granted to the Civil Air Patrol in section 40304 of title 36, including the power to adopt a constitution, bylaws, and regulations, are subject to the approval of the Secretary of the Air Force under the authority granted to the Secretary by this section and are subject to any policies, regulations, or instructions issued by the Secretary under that authority.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by striking the item relating to section 9442 and inserting the following new items: ``9442. Air Force role in management. ``9443. Assistance by other agencies.''.

Summary: Provides for the use of Patrol members and employees (not to be considered Federal employees).


SECTION 1. SHORT TITLE. This Act may be cited as the ``Removal of Terrorist Criminal Aliens Act of 2003''. SEC. 2. EXPEDITED REMOVAL OF TERRORIST CRIMINAL ALIENS. (a) In General.--Title II of the Immigration and Nationality Act (8 U.S.C. 1151 et seq.) is amended by inserting after section 238 the following: ``SEC. 238A. EXPEDITED REMOVAL OF TERRORIST CRIMINAL ALIENS. ``(a) In General.--The Secretary of Homeland Security, in such Secretary's discretion, may in the case of an alien described in subsection (b), determine whether such alien is deportable and issue a final order of removal pursuant to the procedures set forth in this section. ``(b) Aliens Described.--An alien is described in this subsection if-- ``(1) the alien, whether or not admitted into the United States, was convicted of any criminal offense described in paragraph (2), (3)(B), or (6) of section 237(a) (without regard to the date of the commission of the offense); and ``(2) the Secretary of Homeland Security, in such Secretary's discretion and in consultation with appropriate heads of agencies of the executive branch, certifies that the alien is engaged in any activity that endangers the national security of the United States. ``(c) Execution of Order.-- ``(1) In general.--The Secretary of Homeland Security, in such Secretary's discretion, may at any time execute any order described in subsection (a), except-- ``(A) during the 14-day period commencing after the date on which such order is issued, in order that the alien has an opportunity to apply for judicial review under section 242, unless this subparagraph is waived by the alien; or ``(B) if the removal has been stayed under section 242(f)(2). ``(2) Review.--Notwithstanding any other provision of law, including section 2241 of title 28, United States Code, no court other than a court of appeals pursuant to its jurisdiction under section 242 of this Act shall have jurisdiction to review or set aside any order, action, or decision taken or issued pursuant to this section. Review in the court of appeals shall be limited to determining whether the petitioner is-- ``(A) an alien; and ``(B) subject to a final judgment of conviction for an offense described in paragraph (2), (3)(B), or (6) of section 237(a). ``(d) Regulations.--Proceedings before the Secretary of Homeland Security under this section shall be in accordance with such regulations as such Secretary shall prescribe. Such regulations shall provide that-- ``(1) the alien shall be given reasonable notice of the grounds for removal alleged and of the opportunity described in paragraph (3); ``(2) the alien shall have the privilege of being represented (at no expense to the Government) by such counsel, authorized to practice in such proceedings, as the alien shall choose; ``(3) the alien shall have a reasonable opportunity to inspect the evidence and rebut the charges that the alien is subject to a final judgment of conviction for an offense described in paragraph (2), (3)(B), or (6) of section 237(a); ``(4) a determination shall be made on the record that the individual upon whom the notice for the proceeding under this section is served (either in person or by mail) is, in fact, the alien named in such notice; ``(5) a record shall be maintained for judicial review; and ``(6) the final order of removal may not be adjudicated by the same person who issues the charges. ``(e) Eligibility for Certain Relief.--No alien described in subsection (b), regardless of whether the alien is subject to procedures under this section or to proceedings under section 240, shall be eligible for withholding under section 241(b)(3) or for any discretionary relief from removal under the immigration laws of the United States.''. (b) Clerical Amendment.--The table of contents for the Immigration and Nationality Act is amended by inserting after the item relating to section 238 the following: ``238A. Expedited removal of terrorist criminal aliens.''. SEC. 3. ADDITIONAL REMOVAL AUTHORITIES. (a) In General.--Section 241(b) of the Immigration and Nationality Act (8 U.S.C. 1231(b)) is amended-- (1) in paragraph (1)-- (A) by striking ``Attorney General'' each place such term appears and inserting ``Secretary of Homeland Security''; (B) in each of subparagraphs (A) and (B), by striking the period at the end and inserting ``unless, in the opinion of the Secretary of Homeland Security, removing the alien to such country would be prejudicial to the United States.''; and (C) by amending subparagraph (C) to read as follows: ``(C) Alternative countries.--If the alien is not removed to a country designated in subparagraph (A) or (B), the Secretary of Homeland Security may, in such Secretary's discretion, remove the alien to-- ``(i) the country of which the alien is a citizen, subject, or national, unless the country prevents the alien from entering the country upon the alien's removal there; or ``(ii) any country whose government will accept the alien into that country.''; and (2) in paragraph (2)-- (A) by striking ``Attorney General'' each place such term appears and inserting ``Secretary of Homeland Security''; (B) by amending subparagraph (D) to read as follows: ``(D) Alternative countries.--If the alien is not removed to a country designated under subparagraph (A)(i), the Secretary of Homeland Security may, in such Secretary's discretion, remove the alien to a country of which the alien is a subject, national, or citizen, unless-- ``(i) the country prevents the alien from entering the country upon the alien's removal there; or ``(ii) in the opinion of the Secretary of Homeland Security, removing the alien to the country would be prejudicial to the United States.''; and (C) by amending subparagraph (E)(vii) to read as follows: ``(vii) Any country whose government will accept the alien into that country.''. (b) Effective Date.--The amendments made by subsection (a) shall take effect on the date of the enactment of this Act and shall apply to any deportation, exclusion, or removal on or after such date pursuant to any deportation, exclusion, or removal order, regardless of whether such order is administratively final before, on, or after such date. SEC. 4. REMOVAL OF ALIENS POSING A DANGER TO NATIONAL SECURITY. Section 237(a)(4) of the Immigration and Nationality Act (8 U.S.C. 1227(a)(4)) is amended by adding at the end the following: ``(E) National security.-- ``(i) Aliens other than lawful permanent residents.--An alien, other than an alien lawfully admitted for permanent residence, whose presence or activities in the United States the Attorney General or the Secretary of Homeland Security has reason to believe poses or pose a danger to the national security of the United States (as defined in section 219(c)(2)), is deportable. ``(ii) Delegation.--Delegation by the Attorney General and the Secretary of Homeland Security of authority to make determinations for the purpose of establishing deportability under this subparagraph shall be limited to the Deputy Attorney General and the Deputy Secretary of Homeland Security, respectively. ``(iii) Best available information.--In making determinations for the purpose of establishing whether an alien is deportable under this subparagraph, the Attorney General or the Deputy Attorney General, and the Secretary of Homeland Security or Deputy Secretary of Homeland Security, may take into account the best available information from the intelligence community, including confidential or national security information, and shall consult with appropriate heads of agencies of the executive branch. ``(iv) Judicial review.--A determination made under this subparagraph shall be affirmed if challenged in Federal court where a facially legitimate and bona fide reason in support of the determination is provided. ``(v) Relief and withholding.--An alien who is deportable under this subparagraph shall not be eligible for any discretionary relief from removal or for withholding of removal under section 241(b)(3). Notwithstanding any other provision of law, including section 2241 of title 28, United States Code, no court shall have jurisdiction to review a denial of relief or withholding made pursuant to this clause.''.

Summary: Removal of Terrorist Criminal Aliens Act of 2003 - Amends the Immigration and Nationality Act to establish procedures for the expedited removal of a terrorist criminal alien, and authorizes the Secretary of Homeland Security to issue a final order of removal under such provisions. Limits judicial review respecting such an order, action, or decision. Makes such an alien ineligible for certain discretionary relief from removal. Revises provisions respecting countries to which an alien may be removed. Includes among the classes of deportable aliens a non-permanent resident alien who poses a danger or national security threat to the United States.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Teenage Pregnancy Reduction Act of 1996''. SEC. 2. EVALUATION OF EFFECTIVE PROGRAMS FOR PREVENTION OF TEENAGE PREGNANCY. (a) In General.--The Secretary of Health and Human Services shall (directly or through grants or contracts awarded to public or nonprofit private entities) arrange for the evaluation of a wide variety of promising programs designed in whole or part to prevent pregnancy in teenagers, including programs that do not receive grants from the Federal Government for the operation of the programs. The purpose of the evaluation shall be the determination of-- (1) the factors contributing to the effectiveness of the programs; and (2) methods for replicating the programs in other locations. (b) Participation of Federal Agencies and Private Organizations.-- In carrying out the evaluation under subsection (a), the Secretary shall as appropriate-- (1) provide for the participation of the Director of the Centers for Disease Control and Prevention, the Director of the Office of Population Affairs, the Assistant Secretary for Children and Families, and the Director of the National Institute of Child Health and Human Development; and (2) provide for the participation of private organizations, including the National Campaign to Prevent Teen Pregnancy, a nonpartisan organization. (c) Design of Evaluation.--Subject to subsection (d), the Secretary shall select a design for the evaluation under subsection (a) from among proposals that-- (1) provide for the evaluation of programs in various geographic regions; (2) with respect to the populations served by the programs, provide for determining factors that are specific to various socioeconomic groups and various racial and ethnic minority groups; (3) provide for recommendations for future programs designed to reduce the rate of teen pregnancy; and (4) meet such criteria as the Secretary may establish. (d) Measures of Effectiveness.--The Secretary shall define the measures of effectiveness used in evaluating the programs designed to reduce the rate of teenage pregnancy, and shall include a variety of measures of effectiveness in the definition. (e) Scientific Peer Review.--The Secretary may provide funds for a proposal pursuant to subsection (a) only if the proposal has been recommended for approval pursuant to a process of scientific peer review utilizing one or more panels of experts. Such panels shall include experts from public entities and from private entities. (f) Submission of Report to Congress and Secretary.--Not later than December 1, 1999, the evaluation under subsection (a) shall be completed and a report describing the findings made in the evaluation shall be submitted to the Congress and to the Secretary. (g) Dissemination of Information.--After the submission of the report under subsection (f), the Secretary shall disseminate the findings presented in the report. The categories of individuals to whom the information is disseminated shall include administrators of prevention programs, public and private entities that provide financial support to such programs, professional medical associations, entities providing public health services, entities providing social work services, and school administrators. (h) Authorization of Appropriations.--For the purpose of carrying out this section, there is authorized to be appropriated $3,500,000 for each of the fiscal years 1997 through 1999. SEC. 3. NATIONAL CLEARINGHOUSE ON PREVENTION PROGRAMS. (a) In General.--Not later than 180 days after the completion of the evaluation under section 2, the Secretary shall (directly or though grants or contracts awarded to public or nonprofit private entities) establish an information clearinghouse to be known as the National Clearinghouse on Teenage Pregnancy Prevention Programs (in this section referred to as the ``Clearinghouse''). (b) Functions.--The Clearinghouse shall carry out the following activities: (1) Collect, maintain, and disseminate information on prevention programs, including information on the following: (A) The state of program development. (B) All types of prevention programs. (C) Findings made in the report submitted under section 2(f). (2) Develop networks of prevention programs for the purpose of sharing and disseminating information. (3) Develop and disseminate materials that provide technical assistance to public and private entities in establishing or improving prevention programs. (4) Participate in activities designed to encourage and enhance public media campaigns regarding pregnancy in teenagers. (5) Such other activities as will assist in the development and carrying out of activities to reduce pregnancy in teenagers. (c) Dissemination to Certain Entities.--The categories of entities to which the Clearinghouse disseminates information shall include administrators of prevention programs, public and private entities that provide financial support to such programs, professional medical associations, entities providing public health services, entities providing social work services, and school administrators. (d) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2000 through 2003. SEC. 4. ONE-TIME INCENTIVE GRANTS FOR EFFECTIVE PREVENTION PROGRAMS. (a) In General.--In the case of a prevention program that pursuant to the evaluation under section 2 has been found to be effective, the Secretary may under this section make not more than one grant to the entity that operates the program. The purpose of the grant shall be to assist the entity with the expenses of operating the program. (b) Authorization of Appropriations.--For carrying out subsection (a), there is authorized to be appropriated $10,000,000, in the aggregate, for the fiscal years 2000 through 2003. Such authorization is in addition to any other authorization of appropriations that is available for making grants for the operational expenses of prevention programs. SEC. 5. DEFINITIONS. (a) Prevention Programs.-- (1) Rule of construction.--The provisions of this Act apply with respect to a prevention program without regard to which of the various programmatic approaches for the prevention of pregnancy in teenagers (as defined in paragraph (2)) is the focus of the program. (2) Programmatic approaches.--For purposes of this Act, the term ``programmatic approaches'', with respect to prevention programs, includes advocating abstinence from sexual relations; providing family planning services (including contraception); fostering academic achievement; mentoring by adults; providing employment assistance or job training; providing professional counseling or peer counseling; providing for recreational or social events; and any combination thereof. (b) Other Definitions.--For purposes of this Act: (1) The term ``prevention program'' means a program for the prevention of pregnancy in teenagers. (2) The term ``Secretary'' means the Secretary of Health and Human Services.

Summary: Teenage Pregnancy Reduction Act of 1996 - Mandates evaluation (directly or through grants or contracts) of a wide variety of promising programs to prevent teenage pregnancy, including programs that do not receive Federal grants. Mandates scientific peer review of evaluation proposals. Authorizes appropriations. Mandates establishment (directly or through grants or contracts) of the National Clearinghouse on Teenage Pregnancy Prevention Programs. Authorizes appropriations. Authorizes an operating grant to a program found (by the evaluation under this Act) to be effective. Authorizes appropriations.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Children's Bicycle Helmet Safety Act of 1993''. SEC. 2. FINDINGS. The Congress finds that-- (1) 90 million Americans ride bicycles and 20 million ride a bicycle more than once a week; (2) between 1984 and 1988, 2,985 bicyclists in the United States died from head injuries and 905,752 suffered head injuries that were treated in hospital emergency rooms; (3) 41 percent of bicycle-related head injury deaths and 76 percent of bicycle-related head injuries occurred among American children under age 15; (4) deaths and injuries from bicycle accidents cost society $7.6 billion annually; and a child suffering from a head injury, on average, will cost society $4.5 million over the child's lifetime; (5) universal use of bicycle helmets in the United States would have prevented 2,600 deaths from head injuries and 757,000 injuries; and (6) only 5 percent of children in the Nation who ride bicycles wear helmets. SEC. 3. ESTABLISHMENT OF PROGRAM. The Administrator of the National Highway Traffic Safety Administration may, in accordance with section 4, make grants to States, State political subdivisions, and nonprofit organizations for programs that require or encourage individuals under the age of 16 to wear approved bicycle helmets. In making those grants, the Administrator shall allow grantees to use wide discretion in designing programs that effectively promote increased bicycle helmet use. SEC. 4. PURPOSES FOR GRANTS. A grant made under section 3 may be used by a grantee to-- (1) enforce a law that requires individuals under the age of 16 to wear approved bicycle helmets on their heads while riding on bicycles; (2) assist individuals under the age of 16 to acquire approved bicycle helmets; (3) develop and administer a program to educate individuals under the age of 16 and their families on the importance of wearing such helmets in order to improve bicycle safety; or (4) carry out any combination of the activities described in paragraphs (1), (2), and (3). SEC. 5. STANDARDS. (a) In General.--Bicycle helmets manufactured 9 months or more after the date of the enactment of this Act shall conform to-- (1) any interim standard described under subsection (b), pending the establishment of a final standard pursuant to subsection (c); and (2) the final standard, once it has been established under subsection (c). (b) Interim Standards.--The interim standards are as follows: (1) The American National Standards Institute standard designated as ``Z90.4-1984''. (2) The Snell Memorial Foundation standard designated as ``B-90''. (3) Any other standard that the Consumer Product Safety Commission determines is appropriate. (c) Final Standard.--Not later than 60 days after the date of the enactment of this Act, the Consumer Product Safety Commission shall begin a proceeding under section 553 of title 5, United States Code, to-- (1) review the requirements of the interim standards set forth in subsection (a) and establish a final standard based on such requirements; (2) include in the final standard a provision to protect against the risk of helmets coming off the heads of bicycle riders; (3) include in the final standard provisions that address the risk of injury to children; and (4) include additional provisions as appropriate. Sections 7 and 9 of the Consumer Product Safety Act (15 U.S.C. 2056 and 2058) shall not apply to the proceeding under this subsection and section 11 of such Act (15 U.S.C. 2060) shall not apply with respect to any standard issued under such proceeding. The final standard shall take effect 1 year from the date it is issued. (d) Failure To Meet Standards.-- (1) Failure to meet interim standard.--Until the final standard takes effect, a bicycle helmet that does not conform to an interim standard as required under subsection (a)(1) shall be considered in violation of a consumer product safety standard promulgated under the Consumer Product Safety Act. (2) Status of final standard.--The final standard developed under subsection (c) shall be considered a consumer product safety standard promulgated under the Consumer Product Safety Act. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. For the National Highway Traffic Safety Administration to carry out the grant program authorized by this Act, there are authorized to be appropriated $2,000,000 for fiscal year 1994, $3,000,000 for fiscal year 1995, and $4,000,000 for fiscal year 1996. SEC. 7. DEFINITION. In this Act, the term ``approved bicycle helmet'' means a bicycle helmet that meets-- (1) any interim standard described in section 5(b), pending establishment of a final standard under section 5(c); and (2) the final standard, once it is established under section 5(c).

Summary: Children's Bicycle Helmet Safety Act of 1993 - Authorizes the Administrator of the National Highway Traffic Safety Administration to make grants to States, political subdivisions, and nonprofit organizations for programs that require or encourage individuals under age 16 to wear approved bicycle helmets. Specifies that such grants may be used to: (1) enforce a law that requires such individuals to wear approved bicycle helmets; (2) assist such individuals to acquire such helmets; and (3) develop and adminster a program to educate such individuals and their families on the importance of wearing such helmets. Sets interim standards for bicycle helmets and provides that a helmet that does not conform shall be considered in violation of a consumer product safety standard promulgated under the Consumer Product Safety Act (CPSA). Directs the Consumer Product Safety Commission to begin a proceeding to review the requirements of the interim standards and establish a final standard that includes provisions to protect against the risk of helmets coming off the heads of bicycle riders and to address the risk of injury to children. Specifies that the final standard shall be considered a consumer product safety standard under the CPSA. Authorizes appropriations.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Electronic Employment Verification Reauthorization Act of 2008''. SEC. 2. PERMANENT EXTENSION OF EMPLOYMENT ELIGIBILITY CONFIRMATION PILOT PROGRAMS. Section 401(b) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104-208; 8 U.S.C. 1324a note) is amended by striking ``Unless the Congress otherwise provides, the Secretary of Homeland Security shall terminate a pilot program at the end of the 11-year period beginning on the first day the pilot program is in effect.''. SEC. 3. REDESIGNATION OF BASIC PILOT PROGRAM. Sections 401(c)(1), 403(a), 403(b)(1), 403(c)(1), and 405(b)(2) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104-208) are amended by striking ``basic pilot program'' each place that term appears and inserting ``E-Verify Program''. SEC. 4. REQUIRED PARTICIPATION BY UNITED STATES CONTRACTORS. Section 402(e) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104-208; 8 U.S.C. 1324a note) is amended-- (1) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and (2) by inserting after paragraph (1) the following: ``(2) United states contractors.--Any person, employer, or other entity that enters into a contract with the Federal Government shall participate in the E-Verify Program and shall comply with the terms and conditions of such election.''. SEC. 5. CHECKING THE IMMIGRATION STATUS OF EMPLOYEES. Section 403(a)(3)(A) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104-208; 8 U.S.C. 1324a note) is amended-- (1) by striking ``The person'' and inserting the following: ``(i) Upon hiring.--The person''; and (2) by adding at the end the following: ``(ii) Existing employees.--An employer that elects to verify the employment eligibility of existing employees shall verify the employment eligibility of all such employees not later than 10 days after notifying the Secretary of Homeland Security of such election. ``(iii) Required participation.--The Secretary of Homeland Security may require any employer or class of employers to participate in the E-Verify Program with respect to individuals employed as of, or hired after, the date of the enactment of the Electronic Employment Verification Reauthorization Act of 2008 if the Secretary has reasonable cause to believe that the employer has engaged in material violations of section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a).''. SEC. 6. REVERIFICATION. Section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104-208; 8 U.S.C. 1324a note) is amended by adding at the end the following: ``(5) Reverification.--Each employer participating in the E-Verify Program shall use the confirmation system to reverify the work authorization of any individual not later than 3 days after the date on which such individual's employment authorization is scheduled to expire, as indicated by the documents that the individual provided to the employer pursuant to section 274A(b), in accordance with the procedures otherwise applicable to the verification of a newly hired employee under this subsection.''. SEC. 7. SMALL BUSINESS DEMONSTRATION PROGRAM. Section 403 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104-208; 8 U.S.C. 1324a note) is amended-- (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following: ``(d) Small Business Demonstration Program.--The Director of United States Citizenship and Immigration Services shall establish, in a rural setting or in an area with fewer than 10,000 residents, a demonstration program that assists small businesses in verifying the employment eligibility of their newly hired employees.''. SEC. 8. INTERAGENCY NONCONFIRMATION REPORT. Section 405 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104-208; 8 U.S.C. 1324a note) is amended by adding at the end the following: ``(c) Interagency Nonconfirmation Report.--The Director of United States Citizenship and Immigration Services shall submit a monthly report to the Assistant Secretary of Immigration and Customs Enforcement that includes, for each person who receives final nonconfirmation through the E-Verify Program-- ``(1) the name of such person; ``(2) his or her Social Security number or alien file number; ``(3) the name and contact information for his or her current employer; and ``(4) any other critical information that the Assistant Secretary determines to be appropriate. ``(d) Use of Monthly Report.--The Secretary of Homeland Security may use information provided under subsection (c) to enforce compliance of the immigration laws of the United States.''.

Summary: Electronic Employment Verification Reauthorization Act of 2008 - Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to make the employment eligibility confirmation pilot programs permanent. Redesignates the basic pilot program as the E-verify program (program). Requires that any person or employer that enters into a federal contract participate in the program. Requires that an employer electing to verify the employment eligibility of existing employees do so not later than 10 days after notifying the Secretary of Homeland Security of such election. Authorizes the Secretary to require an employer or class of employers to participate in the program if the Secretary has reasonable cause to believe that the employer has engaged in material employment violations under the Immigration and Nationality Act. Requires that an employer participating in the program use the confirmation system to reverify an individual's work authorization not later than three days after the date on which such individual's employment authorization is scheduled to expire. Requires that the Director of United States Citizenship and Immigration Services establish in a rural setting or in an area with fewer than 10,000 residents a demonstration program to assist small businesses verify the employment eligibility of newly hired employees.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Stopping Abuse and Fraud in Electronic Lending Act of 2018'' or the ``SAFE Lending Act of 2018''. SEC. 2. CONSUMER CONTROL OVER BANK ACCOUNTS. (a) Prohibiting Unauthorized Remotely Created Checks.--Section 905 of the Electronic Fund Transfer Act (15 U.S.C. 1693c) is amended by adding at the end the following: ``(d) Limitations on Remotely Created Checks.-- ``(1) Definition.--In this subsection-- ``(A) the term `remotely created check' means a check, including a paper or electronic check and any other payment order that the Bureau, by rule, determines is appropriately covered under this subsection, that-- ``(i) is not created by the financial institution that holds the customer account from which the check is to be paid; and ``(ii) does not bear a signature applied, or purported to be applied, by the person from whose account the check is to be paid; and ``(B) the term `Federal consumer financial law' has the meaning given the term in section 1002 of the Consumer Financial Protection Act of 2010 (12 U.S.C. 5481). ``(2) Limitations.--Subject to the limitations in paragraph (3) and any additional limitations that the Bureau may establish, by rule, a remotely created check may only be issued by a person designated in writing by a consumer with that written designation specifically provided by the consumer to the insured depository institution at which the consumer maintains the account from which the check is to be drawn. ``(3) Additional limitations.-- ``(A) In general.--A designation provided by a consumer under paragraph (2) may be revoked at any time by the consumer. ``(B) Consumer financial protection laws.--No payment order, including a remotely created check, may be issued by any person in response to the exercise of, or attempt to exercise, any right by a consumer under-- ``(i) any Federal consumer financial law; or ``(ii) any other provision of any law or regulation within the jurisdiction of the Bureau.''. (b) Consumer Protections for Certain One-Time Electronic Fund Transfers.--Section 913 of the Electronic Fund Transfer Act (15 U.S.C. 1693k) is amended-- (1) in the matter preceding paragraph (1), by inserting ``(a) In General.--'' before ``No person''; (2) in subsection (a)(1), as so designated, by striking ``preauthorized electronic fund transfers'' and inserting ``an electronic fund transfer''; and (3) by adding at the end the following: ``(b) Treatment for Electronic Fund Transfers in Credit Extensions.--If a consumer voluntarily agrees to repay an extension of a small-dollar consumer credit transaction, as defined in section 110(a) of the Truth in Lending Act, by means of an electronic fund transfer, the electronic fund transfer shall be treated as a preauthorized electronic fund transfer subject to the protections of this title.''. SEC. 3. TRANSPARENCY AND CONSUMER EMPOWERMENT IN SMALL-DOLLAR LENDING. (a) Small-Dollar Consumer Credit Transactions.-- (1) In general.--The Truth in Lending Act (15 U.S.C. 1601 et seq.) is amended-- (A) by inserting after section 109 (15 U.S.C. 1608) the following: ``SEC. 110. REGISTRATION REQUIREMENT FOR SMALL-DOLLAR LENDERS. ``(a) Definition.--In this section, the term `small-dollar consumer credit transaction'-- ``(1) means any transaction that extends credit that is-- ``(A) made to a consumer in an amount that-- ``(i) is not more than-- ``(I) $5,000; or ``(II) such greater amount as the Bureau may, by rule, determine; and ``(ii) shall be adjusted annually to reflect changes in the Consumer Price Index for all urban consumers published by the Department of Labor; and ``(B) extended pursuant to an agreement that is-- ``(i)(I) other than an open end credit plan; and ``(II) payable in one or more installments of less than 12 months (or such longer period as the Bureau may, by rule, determine); ``(ii) an open end credit plan in which each advance is fully repayable within a defined time or in connection with a defined event, or both; or ``(iii) any other plan as the Bureau determines, by rule; and ``(2) includes any action that facilitates, brokers, arranges, or gathers applications for a transaction described in paragraph (1). ``(b) Registration Requirement.--A person shall register with the Bureau before issuing credit in a small-dollar consumer credit transaction.''; and (B) in section 173 (15 U.S.C. 1666j), by adding at the end the following: ``(d) Notwithstanding any other provisions of this title, any small-dollar consumer credit transaction, as defined in section 110(a), shall comply with the laws of the State in which the consumer to which the transaction is made resides with respect to annual percentage rates, interest, fees, charges, and such other similar or related matters as the Bureau may, by rule, determine if the small-dollar consumer credit transaction is-- ``(1) made over-- ``(A) the Internet; ``(B) telephone; ``(C) facsimile; ``(D) mail; ``(E) electronic mail; or ``(F) other electronic communication; or ``(2) conducted by a national bank.''. (2) Technical and conforming amendment.--The table of sections for chapter 1 of the Truth in Lending Act (15 U.S.C. 1601 et seq.) is amended by inserting after the item relating to section 109 the following: ``110. Registration requirement for small-dollar lenders.''. (b) Prohibition on Certain Fees.--Section 915 of the Electronic Fund Transfer Act (15 U.S.C. 1693l-1) is amended-- (1) in subsection (a)(2)(A), in the matter preceding clause (i), by striking ``The term'' and inserting ``Subject to subsection (d)(1), the term''; (2) by redesignating subsection (d) as subsection (e); and (3) by inserting after subsection (c) the following: ``(d) Additional Fees Prohibited.-- ``(1) Definition.--In this subsection, the term `prepaid account' has the meaning given the term by rule of the Bureau. ``(2) Prohibition.--With respect to the use of a prepaid account by a consumer-- ``(A) it shall be unlawful for any person to charge the consumer a fee for an overdraft, including a shortage of funds or a transaction processed for an amount exceeding the account balance of the prepaid account; ``(B) any transaction for an amount exceeding the account balance of the prepaid account may be declined, except that the consumer may not be charged a fee for that purpose; and ``(C) the Bureau may, by rule, prohibit the charging of any fee so that the Bureau may-- ``(i) prevent unfair, deceptive, or abusive practices; and ``(ii) promote the ability of the consumer to understand and compare the costs of prepaid accounts.''. SEC. 4. RESTRICTIONS ON LEAD GENERATION IN SMALL-DOLLAR CONSUMER CREDIT TRANSACTIONS. (a) In General.--Chapter 2 of the Truth in Lending Act (15 U.S.C. 1631 et seq.) is amended by adding at the end the following: ``SEC. 140B. RESTRICTIONS ON LEAD GENERATION IN SMALL-DOLLAR CONSUMER CREDIT TRANSACTIONS. ``(a) Definitions.--In this section-- ``(1) the terms `Internet access service' and `Internet information location tool' have the meanings given those terms in section 231(e) of the Communications Act of 1934 (47 U.S.C. 231(e)); ``(2) the term `sensitive personal financial information' means a Social Security number, financial account number, bank routing number, bank account number, or security or access code that is immediately necessary to permit access to the financial account of an individual; and ``(3) the term `small-dollar consumer credit transaction' has the meaning given the term in section 110(a). ``(b) Identification Information.--Any person facilitating, brokering, arranging for, or gathering applications for, the distribution of sensitive personal financial information in connection with a small-dollar consumer credit transaction shall prominently disclose information by which the person may be contacted or identified, including for service of process and for identification of the registrant of any domain name registered or used. ``(c) Prohibition on Lead Generation in Small-Dollar Consumer Credit Transactions.--No person may facilitate, broker, arrange for, or gather applications for the distribution of sensitive personal financial information in connection with a small-dollar consumer credit transaction, unless the person is directly providing the small-dollar consumer credit to a consumer. ``(d) Rule of Construction.-- ``(1) In general.--Nothing in this section may be construed to limit the authority of the Bureau to further restrict activities covered by this section. ``(2) Clarification.--For the purposes of this section, it shall not be considered facilitating the distribution of sensitive personal financial information in connection with a small-dollar consumer credit transaction to be engaged solely in one of the following activities: ``(A) The provision of a telecommunications service, an Internet access service, or an Internet information location tool. ``(B) The transmission, storage, retrieval, hosting, formatting, or translation (or any combination thereof) of a communication, without selection or alteration of the content of the communication, except the deletion of a particular communication or material made by another person in a manner that is consistent with section 230(c) of the Communications Act of 1934 (47 U.S.C. 230(c)).''. (b) Technical and Conforming Amendment.--The table of sections for chapter 2 of the Truth in Lending Act (15 U.S.C. 1631 et seq.) is amended by adding at the end the following: ``140B. Restrictions on lead generation in small-dollar consumer credit transactions.''. SEC. 5. STUDIES. (a) Definitions.--In this section-- (1) the term ``appropriate committees of Congress'' means-- (A) the Committee on Banking, Housing, and Urban Affairs of the Senate; (B) the Committee on Indian Affairs of the Senate; (C) the Committee on Financial Services of the House of Representatives; and (D) the Committee on Natural Resources of the House of Representatives; and (2) the term ``Indian tribe'' has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304). (b) Study Required.--Not later than 180 days after the date of enactment of this Act, the Comptroller General of the United States shall conduct a study regarding-- (1) the availability of capital on reservations of Indian tribes; and (2) the impact that small-dollar consumer credit extended through Internet and non-Internet means to members of Indian tribes has had on economic opportunity and wealth for members of Indian tribes. (c) Consultation.--In conducting the study required under subsection (b), the Comptroller General of the United States shall consult, as appropriate, with-- (1) the Bureau of Consumer Financial Protection; (2) the Board of Governors of the Federal Reserve System; (3) the Director of the Bureau of Indian Affairs; (4) federally recognized Indian tribes; and (5) community development financial institutions operating in Indian lands. (d) Congressional Consideration.--The Comptroller General of the United States shall submit to the appropriate committees of Congress the study required under subsection (b). SEC. 6. RULEMAKING. Not later than 1 year after the date of enactment of this Act, the Bureau of Consumer Financial Protection shall adopt any final rules necessary to implement the provisions of this Act and the amendments made by this Act.

Summary: Stopping Abuse and Fraud in Electronic Lending Act of 2018 or the SAFE Lending Act of 2018 This bill amends the Electronic Fund Transfer Act and the Truth in Lending Act. The bill revises requirements related to consumer financial protection and small-dollar lending, including matters concerning remotely created checks, electronic fund transfers, registration of small-dollar lenders, overdraft fees, and the collection of personal information.