SECTION 1. FINDINGS. The Congress finds the following: (1) Family offices are not of national concern in that their advice, counsel, publications, writings, analyses, and reports are not furnished or distributed to clients on a retail basis, but are instead furnished or distributed only to persons who are members of a particular family. (2) Family offices do not hold themselves out to the public as investment advisers. (3) Family offices do not engage in the business of advising others, but instead provide a wide range of services to members of the family they serve, only one of which involves investment advice, for which they may receive compensation from the members of the family. (4) Since the Investment Advisers Act of 1940 was enacted, the Securities and Exchange Commission has regularly issued orders to individual family offices exempting them from all of the provisions of the Investment Advisers Act of 1940. (5) Section 409 of the Dodd-Frank Wall Street Reform and Consumer Protection Act expressly exempts family offices from all of the provisions of the Investment Advisers Act of 1940. (6) It was the intent of Congress that section 409 of the Dodd-Frank Wall Street Reform and Consumer Protection Act be interpreted broadly to encompass all family offices as they are currently organized and operated, as well as to encompass changes in the organization and operation of family offices in the future. SEC. 2. FAMILY OFFICE DEFINITION. Section 202(a) of the Investment Advisers Act of 1940 (15 U.S.C. 80b-2(a)) is amended-- (1) in paragraph (11)(G), in the matter added by section 409(a) of the Dodd-Frank Wall Street Reform and Consumer Protection Act, by striking ``, as defined by rule, regulation, or order of the Commission, in accordance with the purposes of this title''; (2) by redesignating the second paragraph (29), as added by section 770 of the Dodd-Frank Wall Street Reform and Consumer Protection Act, as paragraph (31); and (3) by adding at the end the following new paragraph: ``(32) Family office.-- ``(A) In general.--The term `family office' means a company (including any director, partner, trustee, or employee of such company, when acting in their respective capacities as such) that-- ``(i) has no clients other than family clients; ``(ii) is-- ``(I) owned, directly or indirectly, by, ``(II) controlled, directly or indirectly, by, or ``(III) operated primarily for the benefit of, family clients; and ``(iii) does not hold itself out to the public as an investment adviser. ``(B) Grandfathering.--A person described under section 409(b)(3) of the Dodd-Frank Wall Street Reform and Consumer Protection Act, but who otherwise meets the requirements under subparagraph (A), shall qualify as a family office. ``(C) Definitions.--For purposes of this paragraph: ``(i) Control.--The term `control' means the power to exercise a controlling influence over the management or policies of a company, unless such power is solely the result of being an officer of such company. ``(ii) Family client.--The term `family client' means: ``(I) Any family member. ``(II) Any key employee. ``(III) Any charitable foundation, charitable organization, charitable trust, or other non-profit organization established or controlled, directly or indirectly, by persons one or more of whom is a family client. ``(IV) Any trust or estate funded exclusively by one or more family members or established primarily for the benefit of one or more family clients. ``(V) Any limited liability company, partnership, corporation, or other entity, if-- ``(aa) such entity is majority-owned or controlled, directly or indirectly, by, or operated primarily for the benefit of, one or more family clients; ``(bb) the family office is giving investment advice to such entity; and ``(cc) persons who are not otherwise defined as a family client do not own interests in such entity. ``(VI) Any former family member. ``(VII) Any former key employee, if, upon the termination of such individual's employment by the family office or family client, the former key employee shall not receive investment advice from the family office or the family client (or invest additional assets with a family office-advised trust, charitable foundation, or entity), other than with respect to assets advised, directly or indirectly, by the family office or family client immediately prior to the termination of such individual's employment, except that a former key employee shall be permitted to receive investment advice from the family office with respect to additional investments that the former key employee was contractually obligated to make, and that relate to a family office advised investment existing, in each case, prior to the time the person became a former key employee. For purposes of this subclause, the term `family office' shall include any entity described under subclause (V). ``(iii) Family member.-- ``(I) In general.--The term `family member' means: ``(aa) Any natural person whose economic activities created or substantially contributed to the family's wealth, and such person's spouse. ``(bb) The siblings, parents, grandparents of a person described in item (aa). ``(cc) The spouse of a person described in item (bb). ``(dd) The siblings of a person described in item (bb) or (cc). ``(ee) The spouse of a person described in item (dd). ``(ff) The lineal descendant of a person described in item (bb), (cc), (dd), or (ee). ``(gg) The spouse of a person described in item (ff). ``(II) Construction.--For purposes of this clause-- ``(aa) the term `lineal descendant' includes natural children, adopted children, and stepchildren; ``(bb) the term `spouse' includes spousal equivalents; and ``(cc) the terms `siblings', `parents', and `grandparents' include step- siblings, step-parents, and step-grandparents, respectively. ``(iv) Former family member.--The term `former family member' means a spouse or a descendant who was a family member but is no longer a family member due to a divorce or other similar event. ``(v) Key employee.--The term `key employee' means any natural person (and such person's spouse or lineal descendant) who is an executive officer, director, trustee, general partner, or person serving in a similar capacity, of the family office or any employee of the family office (other than an employee performing solely clerical, secretarial, or administrative functions) who, in connection with his or her regular functions or duties, participates in the investment activities of the family office. For purposes of this subclause, the term `family office' shall include any entity described under clause (ii)(V). ``(vi) Spousal equivalent.--The term `spousal equivalent' means a cohabitant occupying a relationship generally equivalent to that of a spouse. ``(D) Involuntary events.--If-- ``(i) a person that is not a family client becomes a client of the family office as a result of the death of a family member or key employee or other involuntary transfer from a family member or key employee, or ``(ii) a person ceases to be a family client, that person shall be deemed to be a family client until the end of the 1-year period beginning on the date that it is both legally and practically feasible for the family office to transfer the affected assets to such person, but in no event earlier than 1 year from the date that it becomes legally feasible to transfer the affected assets unless it becomes practically feasible to affect such a transfer sooner.''.

Summary: Amends the Investment Advisers Act of 1940 to define "family office" (exempt from coverage by the Act) as a company (including any director, partner, trustee, or employee of such company, when acting in their respective capacities as such) that has no clients other than family clients and is owned, controlled, or operated primarily for the benefit of family clients and does not hold itself out to the public as an investment adviser.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Immigrant Children's Educational Advancement and Dropout Prevention Act of 2001''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress makes the following findings: (1) Undocumented children come to the United States for a variety of reasons. Most are brought to the United States by adults and have no ability to make an independent decision about whether or not to migrate to the United States. Some come with their parents. Others are brought by smugglers and traffickers intent on exploiting them. (2) It is the policy of the United States Government, supported both by acts of Congress and Supreme Court precedent, to permit undocumented children to attend public schools in the United States. This policy is rooted in recognition of the fact that such children often are not in a position to make an independent decision about where they will live, of the vulnerability of children, and by the desire to ensure that such children have an opportunity to become educated while in the United States. (3) Each year, 50,000 to 75,000 such undocumented children graduate from United States public schools after having resided in the United States for 5 or more years. (4) Young children who have resided in the United States for a substantial period of their lives often are acculturated as Americans, including learning to speak English. Often, they consider themselves Americans and have little or no knowledge or ties to the country in which they were born. (5) Current law provides little avenue for long-staying alien children to regularize their immigration status. This, in turn, prevents them from continuing their education past high school, making it less likely that they will succeed in life and encouraging many to drop out of high school before graduating. (6) While current law requires State and local governments to provide elementary and secondary education to undocumented alien children, the law effectively precludes State and local governments from providing in-State tuition to these same alien children once they have graduated from high school. (b) Purposes.--The purposes of this Act are-- (1) to provide an opportunity to certain alien children who were brought to the United States at a young age and have since been acculturated in the United States to adjust their status to lawful permanent residency and become contributing members of United States society; (2) to restore to each State the flexibility to provide in- State tuition to all children residing in the State, including to undocumented alien children; and (3) to permit and encourage alien children who were brought to the United States at a young age and have been educated in United States elementary and secondary schools to continue their education through high school graduation and into college. SEC. 3. ATTORNEY GENERAL AUTHORITY TO ADJUST STATUS OF CERTAIN CHILDREN. (a) In General.--Section 240A(b) of the Immigration and Nationality Act (8 U.S.C. 1229b(b)) is amended-- (1) in paragraph (3)-- (A) by striking ``paragraph (1) or (2)'' and inserting ``paragraph (1), (2), or (3)'' each place it appears; (B) by redesignating such paragraph as paragraph (5); and (C) by moving such paragraph to follow paragraph (4); and (2) by inserting after paragraph (2) the following new paragraph: ``(3) Rule for alien residents brought to the united states as children.-- ``(A) Authority.--Subject to the restrictions in subparagraph (D), the Attorney General shall cancel removal of, and adjust to the status of an alien lawfully admitted for permanent residence, an alien who is inadmissible or deportable from the United States if the alien demonstrates that-- ``(i) in the case of an alien who-- ``(I) has not attained the age of 21 at the time of application, the alien has been physically present in the United States for a continuous period of not less than five years immediately preceding the date of such application, or ``(II) has attained the age of 21 but had not attained the age of 25 at the time of application, such alien has been physically present in the United States for a continuous period of not less than five years immediately preceding the date of such application, including the five years immediately preceding the attainment of the age of 21; ``(ii) the alien has been a person of good moral character during the five-year period preceding the application and admission; and ``(iii) the alien is either a secondary school student in the United States, is attending an accredited two-year or four-year post secondary educational institution in the United States, or has submitted an application for admission to an accredited two-year or four-year post-secondary educational institution in the United States. ``(B) Treatment of minor children.--The status of an alien shall be adjusted by the Attorney General to that of an alien lawfully admitted for permanent residence if the alien is the child of an alien described in subparagraph (A). ``(C) Application for relief.--The Attorney General shall provide a procedure by regulation allowing eligible individuals to apply affirmatively for the relief available under this paragraph without being placed in removal proceedings. ``(D) Restrictions on authority.--The provisions of this paragraph shall not apply to any of the following aliens: ``(i) An alien who is inadmissible under section 212(a)(2)(A)(i)(I) or is deportable under section 237(a)(2)(A)(i) (relating to crimes of moral turpitude) unless the Attorney General determines that the alien's removal would result in extreme hardship to the alien, the alien's child, or (in the case of an alien who is a child) to the alien's parent. ``(ii) An alien who is inadmissible under section 212(a)(3) or is deportable under section 237(a)(2)(D)(i) or 237(a)(2)(D)(ii) (relating to security and related grounds).''. (b) Exemption From Numerical Limitations.--Section 240A(e)(3) of such Act (8 U.S.C. 1229b(e)) is amended by adding at the end the following new subparagraph: ``(C) Aliens described in subsection (b)(3).''. SEC. 4. ELIGIBILITY OF CANCELLATION APPLICANTS FOR FEDERAL AND STATE HIGHER EDUCATION ASSISTANCE. Notwithstanding any other provision of law, a child who has applied for relief under section 240A(b)(3) of the Immigration and Nationality Act (as added by the section 3(a)) but whose application has not been finally adjudicated, shall be deemed to be a ``qualified alien'' under section 431(b) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641(b)) for the purpose of receiving any post-secondary education benefit, including any grants, loans, or scholarships. SEC. 5. STATE CONTROL OVER HIGHER EDUCATION ADMISSIONS IN STATE SYSTEMS. (a) In General.--Section 505 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104-208; 110 Stat 3009-672; 8 U.S.C. 1623) is hereby repealed. (b) Effective Date.--The repeal made by subsection (a) shall take effect as if included in the enactment of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996.

Summary: Immigrant Children's Educational Advancement and Dropout Prevention Act of 2001 - Amends the Immigration and Nationality Act to direct the Attorney General to cancel the removal of, and adjust to permanent resident status, certain (inadmissible or deportable) alien secondary or college students with qualifying years of U.S. residency. Makes such aliens eligible for Federal and State higher education assistance during the pendency of their application for cancellation of removal.Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to repeal the provision prohibiting an unlawful alien's eligibility for higher education benefits based on State residence unless a U.S. national is similarly eligible without regard to such State residence.


entitled ``A Joint Resolution to approve the `Covenant To Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America', and for other purposes'', approved March 24, 1976 (48 U.S.C. 1806(e)), as added by section 702 of the Consolidated Natural Resources Act of 2008 (Public Law 110-229; 122 Stat. 854)), is amended-- (A) in subparagraph (A), by striking ``subparagraph (B),'' and adding ``subparagraphs (B) and (C),''; (B) by redesignating subparagraph (B) as subparagraph (D); and (C) by inserting after subparagraph (A) the following: ``(B) Special rule.-- ``(i) In general.--Except as provided in subparagraph (D), no alien who is described in clause (ii) may be removed from the United States on the grounds that such alien's presence in the Commonwealth of the Northern Mariana Islands is in violation of section 212(a)(6)(A) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(6)(A)), prior to the date that is 5 years after the transition program effective date. ``(ii) Alien described.--An alien described in this clause is an alien who-- ``(I) on May 8, 2008, was a resident of the Commonwealth of the Northern Mariana Islands and was-- ``(aa) a permanent resident (as that term is defined in part 5-40.0-201 of the Northern Mariana Islands Administrative Code); ``(bb) an immediate relative of a citizen (as those terms are defined in such part 5-40.0-201); or ``(cc) the parent of a citizen (as that term is defined in such part 5-40.0- 201) who was under 21 years of age; and ``(II) on the transition program effective date, was lawfully present in the Commonwealth of the Northern Mariana Islands or only temporarily absent from the Commonwealth pursuant to the immigration laws of the Commonwealth. ``(C) Special nonimmigrant visa for parents.-- ``(i) In general.--An alien parent described in subparagraph (B)(ii)(cc) is eligible for a special nonimmigrant visa issued pursuant to this subparagraph. Such visa shall-- ``(I) grant the alien all of the privileges granted to an alien lawfully admitted for permanent residence, except that the alien shall reside in the Commonwealth of the Northern Mariana Islands; and ``(II) be valid until the earlier of-- ``(aa) the date that the child of the alien petitions for an adjustment of status for the alien to that of an alien lawfully admitted for permanent residence (as that term is defined in section 101(a)(20) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(20))); ``(bb) the date that the alien ceases to reside in the Commonwealth; or ``(cc) November 28, 2014. ``(ii) Petitions for adjustment of status.--A child of an alien parent described in subparagraph (B)(ii)(cc) may petition for an adjustment of status for the alien parent as described in clause (i)(II)(aa) during the period beginning on January 1, 2014, and ending on November 28, 2014, regardless of the age of the child.''. (2) Construction.--Such paragraph (1), as amended by paragraph (1) of this subsection, is further amended by adding at the end the following: ``(E) Construction.--This paragraph shall be construed to permit an alien who may not be removed 212(a)(6)(A) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(6)(A)) under subparagraph (A) or (B) of this paragraph to leave the Commonwealth of the Northern Mariana Islands for a temporary absence and return to the Commonwealth pursuant to the entrance permit issued to the alien by the Commonwealth.''. (3) Employment authorization.--Paragraph (2) of such section 6(e), is amended-- (A) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and moving such clauses two ems to the right; (B) by striking ``An alien'' and inserting the following: ``(A) In general.--Except as provided in subparagraph (B), an alien''; and (C) by adding at the end the following: ``(B) Special rule.--An alien who is described in paragraph (1)(B)(ii) shall be considered authorized by the Secretary of Homeland Security to be employed in the Commonwealth of the Northern Mariana Islands until the date that is 5 years after the transition program effective date.''. (4) Registration.--Paragraph 3 of such section 6(e) is amended to read as follows: ``(3) Registration.-- ``(A) Requirement for registration.--Beginning not later than November 28, 2009, and on an on-going basis, the Secretary of Homeland Security shall require any alien present in the Commonwealth of the Northern Mariana Islands on or after the transition period effective date to register with the Secretary. ``(B) Schedule for initial registration.--The Secretary shall complete the initial registration of all aliens required to register under subparagraph (A) not later than February 1, 2010. ``(C) Inapplicability of prohibition on removal and employment authorization.--Paragraphs (1) and (2) shall not apply to any alien who fails to register as required by this paragraph. ``(D) Cooperation.--Notwithstanding any other provision of law, the Government of the Commonwealth of the Northern Mariana Islands shall provide to the Secretary all Commonwealth immigration records or other information that the Secretary deems necessary to assist in the implementation of this paragraph or other provisions of the Consolidated Natural Resources Act of 2008 (Public Law 110-229; 122 Stat. 854) or any amendment made by that Act. ``(E) Construction with the ina.--Nothing in this paragraph may be construed to modify or limit the application of section 262 of the Immigration and Nationality Act (8 U.S.C. 1302) or any other provision of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) relating to the registration of aliens.''. SEC. 2. ADJUSTMENT OF STATUS FOR PERMANENT RESIDENTS OF THE COMMONWEALTH. Section 6 of the Joint Resolution entitled ``A Joint Resolution to approve the `Covenant To Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America', and for other purposes'', approved March 24, 1976 (48 U.S.C. 1806(e)), as added by section 702 of the Consolidated Natural Resources Act of 2008 (Public Law 110-229; 122 Stat. 854)) is amended-- (1) by redesignating subsections (f), (g), and (h), as subsections (g), (h), and (i), respectively; and (2) by inserting after subsection (e) the following: ``(f) Adjustment of Status for Permanent Residents of the Commonwealth.-- ``(1) Special nonimmigrant visa.--An alien who was, on May 8, 2008, described in part 5-40.1-200 of the Administrative Code of the Northern Mariana Islands (as in effect on such date) is eligible for a special nonimmigrant visa issued pursuant to this paragraph. Such visa shall-- ``(A) grant the alien all of the privileges granted to an alien lawfully admitted for permanent residence, except that the alien shall reside in the Commonwealth of the Northern Mariana Islands; and ``(B) be valid until the earlier of-- ``(i) the date on which the alien adjusts status under paragraph (2); or ``(ii) the date on which the alien ceases to reside in the Commonwealth. ``(2) Adjustment of status.--An alien is eligible for an adjustment of status to that of an alien lawfully admitted for permanent residence (as that term is defined in section 101(a)(20) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(20))), pursuant to this paragraph, if the alien-- ``(A) was, on May 8, 2008, described in part 5- 40.1-200 of the Administrative Code of the Northern Mariana Islands (as in effect on such date); and ``(B) applies for such status during the period beginning on January 1, 2014, and ending on November 28, 2014.''. SEC. 3. NORTHERN MARIANA ISLANDS VISITOR ENTRY PROGRAM TRANSITION. (a) In General.--Notwithstanding section 705(b) of the Consolidated Natural Resources Act of 2008 (48 U.S.C. 1806(b)), the amendments made by section 702(b) of such Act shall take effect on the date that is 180 days after the transition program effective date described in section 6(a) of Public Law 94-241 (48 U.S.C. 1806(a)) (as added by section 702(a) of the Consolidated Natural Resources Act of 2008). In a case in which the transition program effective date has been modified under paragraph (3) of such section 6(a) before the date of the enactment of this Act, such amendments shall take effect on the date that is 180 days after the modified date. (b) Treatment of CNMI Visitor Entry Program.--During the 180-day period referred to in subsection (a), the Secretary of Homeland Security shall administer the visitor entry program of the Commonwealth of the Northern Mariana Islands consistent with the provisions of Commonwealth law governing the program that were in effect on the day before the commencement of such period. SEC. 4. FAMILY-BASED IMMIGRATION FEE REDUCTION FOR RESIDENTS OF THE COMMONWEALTH. (a) In General.--The Consolidated Natural Resources Act of 2008 (Public Law 110-229; 122 Stat. 754) is amended by inserting after section 703 the following: ``SEC. 703A. FAMILY-BASED IMMIGRATION FEE REDUCTION FOR RESIDENTS OF THE COMMONWEALTH. ``(a) Family-Based Immigration Benefit Application and Petition Fees.-- ``(1) In general.--The Secretary of State, the Attorney General, and the Secretary of Homeland Security shall reduce the fees for family-based immigration benefit applications and petitions (including associated fees, such as fees for fingerprinting or supporting documents) collected from residents of the Commonwealth of the Northern Mariana Islands who had immediate relative status pursuant to the immigration laws of the Commonwealth of the Northern Mariana Islands on May 8, 2008. ``(2) Amount of reduction.--The amount of the reduction shall be established by the Secretary of Homeland Security. It shall be a percentage reduction that is as least as great as the difference (expressed as a percentage) between the average per capita income in the Commonwealth of the Northern Mariana Islands and the average national per capita income in the United States as a whole (as determined according to the most recent data available from the Bureau of the Census). ``(b) Requirements for Sponsor's Affidavit of Support.--In the case of a resident of the Commonwealth of the Northern Mariana Islands who had immediate relative status pursuant to the immigration laws of the Commonwealth of the Northern Mariana Islands on May 8, 2008, section 213A(f)(1)(E) of the Immigration and Nationality Act (8 U.S.C. 1183a(f)(1)(E)) shall not apply. ``(c) Effective Date.--This section shall take effect on the date of the enactment of this section and shall cease to be effective on December 31, 2014.''. (b) Clerical Amendment.--The table of contents for the Consolidated Natural Resources Act of 2008 (16 U.S.C. 1 note) is amended by inserting after the item relating to section 703 the following: ``703A. Family-based immigration fee reduction for residents of the Commonwealth.''. SEC. 5. EFFECTIVE DATES. (a) Section 3.--Section 3 shall take effect on the date of the enactment of this Act. (b) Section 4.--Section 703A of the Consolidated Natural Resources Act of 2008, as added by section 4 of this Act, shall be effective in accordance with subsection (c) of such section 703A. (c) Other Provisions.--Except as provided in subsection (b), the amendments made by this Act shall take effect as if included in the enactment of subtitle A of title VII of the Consolidated Natural Resources Act of 2008.

Summary: Prohibits, subject to an existing provision, an alien who on May 8, 2008, was a resident of the Commonwealth of the Northern Mariana Islands (CNMI) from being removed from the United States on the grounds of illegal presence in the CNMI prior to the date that is five years after the transition program effective date if such alien is lawfully present in the CNMI on such date and is: (1) a permanent resident of the CNMI; (2) an immediate relative of a citizen; or (3) the parent of a citizen who was under 21 years old. Makes such an alien parent eligible for a special nonimmigrant visa. Specifies conditions for such visa, including the requirement that the parent reside in the CNMI. Makes an alien who, as of May 8, 2008, was subject to CNMI immigration regulations eligible for a special nonimmigrant visa. Provides that such visa shall: (1) grant the alien all the privileges of an alien lawfully admitted for permanent residence except that the alien must reside in the CNMI; and (2) be valid until the earlier of the date on which the alien adjusts to permanent resident status or the date on which the alien ceases to reside in the CNMI. Makes an alien who, as of May 8, 2008, was subject to CNMI immigration regulations eligible for adjustment to permanent resident status if such alien applies for adjustment between January 1, 2014-November 28, 2014. Extends the effective date of the CNMI visitor entry program for 180 days. Directs the Secretary of Homeland Security (DHS) to administer the program during such 180-day period consistent with CNMI provisions governing the program that were in effect prior to the commencement of such period. Amends the Consolidated Natural Resources Act of 2008 to: (1) direct the Secretary of State, the Attorney General, and the Secretary of DHS to reduce the fees for family-based immigration benefit applications and petitions collected from CNMI residents who had immediate relative status pursuant to CNMI immigration laws as of May 8, 2008; and (2) waive related sponsor income requirements.


SECTION 1. SHORT TITLE. This Act may be cited as ``Jason's Law''. SEC. 2. TRUCK PARKING FACILITIES. (a) Establishment.--In cooperation with appropriate State, regional, and local governments, the Secretary of Transportation (referred to in this Act as the ``Secretary'') shall implement a pilot program to address the shortage of long-term parking for commercial motor vehicles on the National Highway System. (b) Allocation of Funds.-- (1) In general.--The Secretary shall allocate funds made available to carry out this section among States, metropolitan planning organizations, and local governments. (2) Applications.--To be eligible for an allocation under this section, a State (as defined in section 101(a) of title 23, United States Code), metropolitan planning organization, or local government shall submit to the Secretary an application at such time and containing such information as the Secretary may require. (3) Eligible projects.-- (A) In general.--Funds allocated under this subsection shall be used by the recipient for projects described in an application approved by the Secretary. (B) Types of projects.--A project carried out using funds allocated under this subsection-- (i) shall serve the National Highway System; and (ii) may include-- (I) construction of safety rest areas (as defined in section 120(c) of title 23, United States Code) that include parking for commercial motor vehicles; (II) construction of commercial motor vehicle parking facilities adjacent to commercial truck stops and travel plazas; (III) the opening of existing facilities to commercial motor vehicle parking, including inspection and weigh stations and park-and-ride facilities; (IV) promotion of the availability of publicly or privately provided commercial motor vehicle parking on the National Highway System using intelligent transportation systems and other means; (V) construction of turnouts along the National Highway System for commercial motor vehicles; (VI) making capital improvements to public commercial motor vehicle parking facilities that, as of the date of enactment of this Act, are closed on a seasonal basis; and (VII) improvement of the geometric design of interchanges on the National Highway System to improve access to commercial motor vehicle parking facilities. (4) Priority.--In allocating funds made available to carry out this section, the Secretary shall give priority to applicants that-- (A) demonstrate a severe shortage of commercial motor vehicle parking capacity in the corridor to be addressed; (B) have consulted with affected State and local governments, community groups, private providers of commercial motor vehicle parking, and motorist and trucking organizations; and (C) demonstrate that the proposed projects are likely to have positive effects on highway safety, traffic congestion, or air quality. (c) Report to Congress.--Not later than 3 years after the date of enactment of this Act, the Secretary shall submit to Congress a report on the results of the pilot program. (d) Funding.-- (1) In general.--There is authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) to carry out this section $20,000,000 for each of fiscal years 2010 through 2015. (2) Contract authority.--Funds authorized under this subsection shall be available for obligation in the same manner as if the funds were apportioned under chapter 1 of title 23, United States Code, except that-- (A) the funds shall not be transferable and shall remain available until expended; and (B) the Federal share of the cost of a project under this section shall be determined in accordance with subsections (b) and (c) of sections 120 of that title. (e) Treatment of Projects.--Notwithstanding any other provision of law, projects funded under this section shall be treated as projects on a Federal-aid system under chapter 1 of title 23, United States Code.

Summary: Jason's Law - Directs the Secretary of Transportation to: (1) implement a pilot program to allocate funds to states, metropolitan planning organizations, and local governments that submit an application approved by the Secretary for eligible projects to establish long-term parking facilities for commercial motor vehicles (trucks) on the National Highway System; and (2) give priority to applicants that demonstrate a severe shortage of truck parking capacity and whose proposed projects are likely to have positive effects on highway safety, traffic congestion, or air quality.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Intermodal Shipping Container Security Act''. SEC. 2. NATIONAL TRANSPORTATION SECURITY STRATEGY. In carrying out section 114(f) of title 49, United States Code, the Under Secretary of Homeland Security for Border and Transportation Security shall take into account the National Maritime Transportation Security Plan prepared under section 70103 of title 46, United States Code, by the Secretary of the department in which the Coast Guard is operating when the plan is prepared in order to ensure that the strategy for dealing with threats to transportation security developed under section 114(f)(3) of title 49, United States Code, incorporates relevant aspects of the National Maritime Transportation Security Plan and addresses all modes of commercial transportation to, from, and within the United States. SEC. 3. COMPREHENSIVE STRATEGIC PLAN FOR INTERMODAL SHIPPING CONTAINER SECURITY. (a) Strategic Plan.-- (1) In general.--Within 180 days after the date of enactment of this Act, the Secretary of Homeland Security shall submit to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure a strategic plan for integrating security for all modes of transportation by which intermodal shipping containers arrive, depart, or move in interstate commerce in the United States that-- (A) takes into account the security-related authorities and missions of all Federal, State, and local law enforcement agencies that relate to the movement of intermodal shipping containers via air, rail, maritime, or highway transportation in the United States; and (B) establishes as a goal the creation of a comprehensive, integrated strategy for intermodal shipping container security that encompasses the authorities and missions of all those agencies and sets forth specific objectives, mechanisms, and a schedule for achieving that goal. (2) Updates.--The Secretary shall revise the plan from time to time. (b) Identification of Problem Areas.--In developing the strategic plan required by subsection (a), the Secretary shall consult with all Federal, State, and local government agencies responsible for security matters that affect or relate to the movement of intermodal shipping containers via air, rail, maritime, or highway transportation in the United States in order to-- (1) identify changes, including legislative, regulatory, jurisdictional, and organizational changes, necessary to improve coordination among those agencies; (2) reduce overlapping capabilities and responsibilities; and (3) streamline efforts to improve the security of such intermodal shipping containers. (c) Establishment of Steering Group.--The Secretary shall establish, organize, and provide support for an advisory committee, to be known as the Senior Steering Group, of senior representatives of the agencies described in subsection (c). The Group shall meet from time to time, at the call of the Secretary or upon its own motion, for the purpose of developing solutions to jurisdictional and other conflicts among the represented agencies with respect to the security of intermodal shipping containers, improving coordination and information- sharing among the represented agencies, and addressing such other, related matters, as the Secretary may request. (d) Annual Report.--The Secretary, after consulting the Senior Steering Group, shall submit an annual report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure describing the activities of the Senior Steering Group and the Secretary under this section, describing the progress made during the year toward achieving the objectives of the plan, and including any recommendations, including legislative recommendations, if appropriate for further improvements in dealing with security-issues related to intermodal shipping containers and related transportation security issues. (e) Biennial Expert Critique.-- (1) Expert panel.--A panel of experts shall be convened once every 2 years by the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure to review plans submitted by the Secretary under subsection (a). (2) Membership.--The panel shall consist of-- (A) 4 individuals selected by the chairman and ranking member of the Senate Committee on Commerce, Science, and Transportation and by the chairman and ranking member of House of Representatives Committee on Transportation and Infrastructure, respectively; and (B) 1 individual selected by the 4 individuals selected under subparagraph (A). (3) Qualifications.--Individuals selected under paragraph (2) shall be chosen from among individuals with professional expertise and experience in security-related issues involving shipping or transportation and without regard to political affiliation. (4) Compensation and expenses.--An individual serving as a member of the panel shall not receive any compensation or other benefits from the Federal Government for serving on the panel or be considered a Federal employee as a result of such service. Panel members shall be reimbursed by the Committees for expenses, including travel and lodging, they incur while actively engaged in carrying out the functions of the panel. (5) Function.--The panel shall review plans submitted by the Secretary under subsection (a), evaluate the strategy set forth in the plan, and make such recommendations to the Secretary for modifying or otherwise improving the strategy as may be appropriate. SEC. 4. SHIPPING CONTAINER INTEGRITY INITIATIVE. (a) In General.--Chapter 701 of title 46, United States Code, is amended-- (1) by redesignating section 70117 as section 70118; and (2) by inserting after section 70116 the following: ``Sec. 70117. Enhanced container-related security measures. ``(a) Tracking Intermodal Container Shipments in the United States.--The Secretary, in cooperation with the Under Secretary of Border and Transportation Security, shall develop a system to increase the number of intermodal shipping containers physically inspected (including noninstrusive inspection by scanning technology), monitored, and tracked within the United States. ``(b) Smart Box Technology.--Under regulations to be prescribed by the Secretary, beginning with calendar year 2007 no less than 50 percent of all ocean-borne shipping containers entering the United States during any calendar year shall incorporate `Smart Box' or equivalent technology developed, approved, or certified by the Under Secretary of Homeland Security for Border and Transportation Security. ``(c) Development of International Standard for Smart Containers.-- The Secretary shall-- ``(1) develop, and seek international acceptance of, a standard for `smart' maritime shipping containers that incorporate technology for tracking the location and assessing the integrity of those containers as they move through the intermodal transportation system; and ``(2) implement an integrated tracking and technology system for such containers. ``(d) Report.--Within 1 year after the date of enactment of the Intermodal Shipping Container Security Act, the Secretary shall transmit to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure a report that contains-- ``(1) a cost analysis for implementing this section; and ``(2) a strategy for implementing the system described in subsection (c)(3).''. (b) Conforming Amendment.--The chapter analysis for chapter 701 of title 46, United States Code, is amended by striking the item relating to section 70117 and inserting the following: ``70117. Enhanced container-related security measures. ``70118. Civil penalties.''. SEC. 5. ADDITIONAL RECOMMENDATIONS. Within 180 days after the date of enactment of this Act, the Secretary of Homeland Security shall submit to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure a report that contains the following: (1) Recommendations about what analysis must be performed and the cost to develop and field a cargo container tracking and monitoring system within the United States which tracks all aviation, rail, maritime, and highway cargo containers equipped with smart container technology. (2) Recommendations on how the Department of Homeland Security could help support the deployment of such a system. (3) Recommendations as to how current efforts by the Department of Homeland Security and other Federal agencies could be incorporated into the physical screening or inspection of aviation, rail, maritime, and highway cargo containers within the United States. (4) Recommendations about operating systems and standards for those operating systems, to support the tracking of aviation, rail, maritime, and highway cargo containers within the United States that would include the location of regional, State, and local operations centers. (5) A description of what contingency actions, measures, and mechanisms should be incorporated in the deployment of a nationwide aviation, rail, maritime, and highway cargo containers tracking and monitoring system which would allow the United States maximum flexibility in responding quickly and appropriately to increased terrorist threat levels at the local, State, or regional level. (6) A description of what contingency actions, measures, and mechanisms must be incorporated in the deployment of such a system which would allow for the quick reconstitution of the system in the event of a catastrophic terrorist attack which affected part of the system. (7) Recommendations on how to leverage existing information and operating systems within State or Federal agencies to assist in the fielding of the system. (8) Recommendations on co-locating local, State, and Federal agency personnel to streamline personnel requirements, minimize costs, and avoid redundancy. (9) An initial assessment of the availability of private sector resources which could be utilized, and incentive systems developed, to support the fielding of the system, and the maintenance and improvement as technology or terrorist threat dictate. (10) Recommendations on how this system that is focused on the continental United States would be integrated into any existing or planned system, or process, which is designed to monitor the movement of cargo containers outside the continental United States. SEC. 6. IMPROVEMENTS TO CONTAINER TARGETING SYSTEMS. (a) In General.--Within 90 days after the date of enactment of this Act, the Secretary of Homeland Security shall submit a report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure that provides a preliminary plan for strengthening the Bureau of Customs and Border Protection's container targeting system. The plan shall identify the cost and feasibility of requiring additional non-manifest documentation for each container, including purchase orders, shipper's letters of instruction, commercial invoices, letters of credit, or certificates of origin. (b) Reduction of Manifest Revision Window.--Within 60 days after the date of enactment of this Act, the Secretary of Homeland Security shall issue regulations under which the time period for revisions to a container cargo manifest submitted to the Bureau of Customs and Border Protection shall be reduced from 60 days to 45 days after arrival at a United States port. (c) Supply Chain Information.--Within 180 days after the date of enactment of this Act, the Secretary of Homeland Security shall develop a system to share threat and vulnerability information with all of the industries in the supply chain that will allow ports, carriers, and shippers to report on security lapses in the supply chain and have access to unclassified maritime threat and security information such as piracy incidents. SEC. 7. INCREASE IN NUMBER OF CUSTOMS INSPECTORS ASSIGNED OVERSEAS. (a) In General.--The Secretary of Homeland Security shall substantially increase the number of United States Customs Service inspectors assigned to duty outside the United States under the Container Security Initiative of the United States Customs Service with responsibility for inspecting intermodal shipping containers being shipped to the United States. (b) Staffing Criteria.--In carrying out subsection (a) the Secretary of Homeland Security shall determine the appropriate level for assignment and density of customs inspectors at selected international port facilities by a threat, vulnerability, and risk analysis which, at a minimum, considers-- (1) the volume of containers shipped; (2) the ability of the host government to assist in both manning and providing equipment and resources; (3) terrorist intelligence known of importer vendors, suppliers or manufactures; and (4) other criteria as determined in consult with experts in the shipping industry, terrorism, and shipping container security. (c) Minimum Number.--The total number of customs inspectors assigned to international port facilities shall not be less than the number determined as a result of the threat, vulnerability, and risk assessment analysis which is validated by the Administrator of the Transportation Security Administration within 180 days after the date of enactment of this Act. (d) Plan.--The Secretary shall submit a plan to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure, with timelines, for phasing inspectors into selected port facilities within 180 days after the enactment of this Act. SEC. 8. RANDOM INSPECTION OF CONTAINERS. (a) In General.--The Under Secretary of Homeland Security for Border and Transportation Security shall develop and implement a plan for random inspection of shipping containers in addition to any targeted or pre-shipment inspection of such containers required by law or regulation or conducted under any other program conducted by the Under Secretary. (b) Civil Penalty for Erroneous Manifest.-- (1) In general.--Except as provided in paragraph (2), if the Under Secretary determines on the basis of an inspection conducted under subsection (a) that there is a discrepancy between the contents of a shipping container and the manifest for that container, the Under Secretary may impose a civil penalty of not more than $1,000 for the discrepancy. (2) Manifest discrepancy reporting.--The Under Secretary may not impose a civil penalty under paragraph (1) if a manifest discrepancy report is filed with respect to the discrepancy within the time limits established by Customs Directive No. 3240-067A (or any subsequently issued directive governing the matters therein) for filing a manifest discrepancy report. D23/

Summary: Intermodal Shipping Container Security Act - Directs the Under Secretary of Homeland Security for Border and Transportation Security to take into account a certain National Maritime Transportation Security Plan to ensure that the strategy for dealing with threats to transportation security incorporates relevant aspects of the Plan and addresses all modes of commercial transportation to, from, and within the United States. Directs the Secretary of Homeland Security to submit to Congress a strategic plan for integrating security for all modes of transportation by which intermodal shipping containers arrive, depart, or move in interstate commerce. Establishes the Senior Steering Group to develop solutions to conflicts among constituent agencies regarding intermodal shipping container security. Amends Federal shipping law to direct the Secretary of Transportation to develop a system to increase the number of intermodal shipping containers physically inspected (including nonintrusive inspection by scanning technology), monitored, and tracked within the United States. Requires, beginning in 2007, no less than 50 percent of all ocean-borne shipping containers entering the United States to incorporate "Smart Box" or equivalent technology. Requires the Secretary of Homeland Security to: (1) report to Congress a preliminary plan for strengthening the Bureau of Customs and Border Protection's container targeting system; (2) issue regulations reducing from 60 days to 45 days after arrival at a U.S. port the time period for revisions to a container manifest that is submitted to the Bureau of Customs and Border Protection; (3) develop a system to share threat and vulnerability information with all of the industries in the supply chain; and (4) substantially increase under the Container Security Initiative the number of U.S. Customs Service inspectors assigned to duty outside of the United States with responsibility for inspecting intermodal shipping containers being shipped to the United States. Directs the Under Secretary to implement a plan for random inspection of shipping containers in addition to any targeted or preshipment inspection of such containers required by law. Sets forth civil penalties for discrepancies found in container manifests.


SECTION 1. INDEPENDENT SAFETY ASSESSMENTS. Section 103 of the Atomic Energy Act of 1954 (42 U.S.C. 2133) is amended by inserting after subsection d. the following: ``e. Independent Safety Assessments.-- ``(1) Development of procedure.--Not later than 90 days after the date of enactment of this subsection, the Nuclear Regulatory Commission (referred to in this subsection as the `Commission') shall develop an independent safety assessment procedure. ``(2) Conduct of assessment.-- ``(A) Definition of eligible requestor.--In this paragraph, the term `eligible requestor' means-- ``(i) a Governor of a State in which a facility of a licensee is located; ``(ii) a public utility commission of a State in which a facility of a licensee is located; and ``(iii) a Governor of a State that-- ``(I) because of dangers to the public relating to potential ingestion of water or foods that have been contaminated with radiation from a commercial nuclear power plant, is located in an emergency planning zone, as defined in section 350.2 of title 44, Code of Federal Regulations (or a successor regulation); and ``(II) is not the same State in which the facility of the licensee is located. ``(B) Request of assessment.-- ``(i) In general.--At the request of an eligible requestor, the Commission shall conduct an independent safety assessment in accordance with the independent safety assessment procedure developed under paragraph (1) if the licensee has-- ``(I) applied to the Commission for-- ``(aa) an extension of the operating license of the licensee; or ``(bb) approval of an extended power uprate for the licensee; or ``(II) during any 5-year period, received, under the reactor oversight process of the Commission, 2 or more greater-than-green inspection findings. ``(ii) Conduct of assessment.--The Commission shall conduct an assessment requested by an eligible requestor under clause (i) not later than 18 months after the date on which the eligible requestor requested the assessment. ``(3) Inspection of facility.-- ``(A) In general.--In conducting an independent safety assessment under paragraph (2)(B), the Commission shall inspect the design, construction, maintenance, and operational safety performance of the facility of the licensee. ``(B) Scope of inspection.--An inspection of a facility of a licensee conducted under subparagraph (A) shall-- ``(i) be at least equal in scope, depth, and breadth to the independent safety assessment conducted in 1996 by the Commission of the Maine Yankee Nuclear Power Plant, located in Wiscasset, Maine; and ``(ii) include an examination of the systems of the facility of the licensee, including-- ``(I) the reactor containment systems; ``(II) the reactor emergency core cooling systems; ``(III) the control room and containment ventilation systems; ``(IV) the electrical system (including testing of relevant transients); ``(V) the condensate and feedwater systems; ``(VI) the spent fuel storage systems; ``(VII) any other system requested by the Governor of the State, or a public utility commission of the State, in which the facility of the licensee is located; and ``(VIII) any other system identified by a majority of the members of an inspection team described in paragraph (4). ``(4) Inspection teams.-- ``(A) In general.--An independent safety assessment conducted under paragraph (2)(B) shall be conducted by an inspection team. ``(B) Composition.--An inspection team shall be composed of not less than 25 members, of whom-- ``(i) not less than 16 members shall be-- ``(I) employees of the Commission; and ``(II) unaffiliated with the regional office of the Commission in the region in which the facility of the licensee is located; ``(ii) not less than 6 members shall be independent contractors who have not worked for, or at-- ``(I) the facility of the licensee; or ``(II) any other nuclear power plant owned or operated by the owner or operator of the facility of the licensee; and ``(iii) not less than 3 members shall be appointed by the eligible requestor. ``(5) Report.-- ``(A) Preparation of preliminary report.--Not later than 90 days after the date on which an inspection team completes an independent safety assessment of a facility of a licensee under paragraph (2)(B), the inspection team shall prepare a preliminary report describing the findings and recommendations of the inspection team. ``(B) Availability of preliminary report.--For a period of 90 days beginning on the date on which the inspection team completes a preliminary report prepared under subparagraph (A), the inspection team shall make available for review and comment by the public a copy of the preliminary report. ``(C) Consideration of comments.--In preparing a final version of a preliminary report developed under subparagraph (A), the inspection team shall take into consideration any comments received from the public that are appropriate, as determined by the inspection team. ``(D) Submission of final version.--Not later than 90 days after the date on which the period of review and public comment ends under subparagraph (B), the inspection team shall submit to the Commission a final version of the preliminary report developed under subparagraph (A). ``(6) Affect on licensing actions.--A final decision by the Commission of whether to extend an operating license, approve an extended power uprate, or continue to operate under a license at a facility of a licensee assessed under paragraph (2)(B) shall not be made until the later of the date on which-- ``(A) the Commission has completed the independent safety assessment of the facility of the licensee; and ``(B) the licensee has fully accepted and implemented each finding and recommendation of the report approved by the Commission relating to the independent safety assessment of the facility of the licensee submitted under paragraph (5)(D). ``(7) Authorization of appropriations.--There are authorized to be appropriated to carry out this subsection $10,000,000 for each of fiscal years 2008 through 2012, to remain available until expended.''.

Summary: Amends the Atomic Energy Act of 1954 to direct the Nuclear Regulatory Commission (NRC) to: (1) develop an independent safety assessment procedure for nuclear facilities; and (2) create a team to inspect the design, construction, maintenance, and operational safety performance of a facility. Declares that a final NRC decision on whether to extend an operating license, approve an extended power uprate, or continue to operate a facility shall not be made until: (1) the NRC has completed the independent safety assessment of the facility; and (2) the licensee has fully accepted and implemented each NRC-approved finding and recommendation of the assessment report


SECTION 1. SHORT TITLE. This Act may be cited as the ``Older Driver and Pedestrian Safety and Roadway Enhancement Act of 2009.'' TITLE I--ROADWAY SAFETY ENHANCEMENT PROGRAM FOR OLDER DRIVERS AND PEDESTRIANS SEC. 101. ROADWAY SAFETY ENHANCEMENT PROGRAM FOR OLDER DRIVERS AND PEDESTRIANS. (a) Establishment of Program.--The Secretary of Transportation shall establish and implement a program, the roadway safety enhancement program for older drivers and pedestrians, to improve roadway safety infrastructure in all States in a manner consistent with the recommendations included in the publication of the Federal Highway Administration entitled ``Highway Design Handbook for Older Drivers and Pedestrians'' (FHWA-RD-01-103), referred to in this Act as the ``Handbook'', dated May 2001 or as subsequently revised and updated pursuant to section 103. (b) Purpose.--The purpose of the roadway safety enhancement program for older drivers and pedestrians is to achieve a significant reduction in roadway fatalities and serious injuries among drivers and pedestrians 65 years of age or older on all public roads. (c) Apportionment of Funds.-- (1) In general.--On October 1 of each fiscal year, the Secretary shall apportion such funds authorized to be appropriated to carry out this section for such fiscal year among the States in accordance with the following formula: (A) 33\1/3\ percent of the apportionment in the ratio that-- (i) the total vehicle miles traveled on lanes on public roads in each State; bears to (ii) the total vehicle miles traveled on lanes on public roads in all States. (B) 33\1/3\ percent of the apportionment in the ratio that-- (i) the total per capita population of individuals 65 years of age or older residing in each State in the latest fiscal year for which data is available, bears to (ii) the total per capital population of individuals 65 years of age or older residing in all States in the latest fiscal year for which data is available. (C) 33\1/3\ percent of the apportionments in the ratio that-- (i) the total number of fatalities and serious injuries among drivers and pedestrians 65 years of age or older on public roads in each State in the latest fiscal year for which data are available, bears to (ii) the total number of fatalities and serious injuries among drivers and pedestrians 65 years of age or older on the public roads in all States in the latest fiscal year for which data are available. (2) Minimum apportionment.--Notwithstanding paragraph (1), each State shall receive a minimum apportionment of not less than one percent of the funds apportioned under this subsection. (d) Project Eligibility and Selection.-- (1) In general.--A State may obligate funds apportioned to the State under subsection (c) for the planning, design, and construction of infrastructure-related projects that employ safety enhancement recommendations set forth in the Handbook-- (A) to improve safety at intersections, interchanges, rail grade crossings, and roadway segments; (B) to make systemic roadway safety improvements on public roads; and (C) to improve roadway safety on other sections or elements of public roads that a State transportation department identifies as hazardous for older drivers and pedestrians. (2) Project identification and selection priorities.--To obligate funds apportioned under subsection (c) to carry out this section, a State shall have in effect, either in conjunction with a State strategic highway safety plan pursuant to section 148 of title 23, United States Code, or separately, appropriate policies and procedures developed by the State transportation department to-- (A) analyze and make effective use of State, regional and local crash and fatality data, hospital reports and other data to document traffic-related fatalities and injuries to individuals 65 years of age or older; (B) consult with appropriate State and local transportation planning agencies, State and local safety agencies and organizations, representatives of the roadway infrastructure safety industry, and State and local organizations representing older drivers and pedestrians, to identify hazardous locations, sections, and elements of public roads that constitute a danger for drivers, vehicle occupants, or pedestrians 65 years of age or older; (C) determine the relative severity of hazardous road and highway locations, sections and elements for drivers and pedestrians age 65 years or older through crash and injury data analysis; (D) establish priorities for obligating funds among potential projects for correction of hazardous road and highway conditions, which shall include projects that-- (i) involve hazardous intersection, road or highway conditions identified in a strategic highway safety plan pursuant to section 148(c)(1)(D) as exhibiting the most severe safety needs; (ii) make use of multiple Handbook recommendations or the use of a systemic program to correct the most serious highway safety hazards for drivers or pedestrians 65 years of age or older; or (iii) are used in conjunction with other Federal programs such as the safe routes to schools program pursuant to section 1404 of SAFETEA-LU or such other road safety design improvements or funding that enhance traffic and pedestrian safety for all roadway users; (E) establish and implement a schedule of roadway infrastructure safety improvement projects for hazard correction and hazard prevention; and (F) establish an evaluation process to analyze and assess results achieved by highway safety improvement projects carried out in accordance with procedures and criteria established by the section and report annually the results of such evaluations to the Secretary. (e) Federal Share.--The Federal share of the cost of a project carried out under this section shall be 90 percent. (f) Definitions.--As used in this section, the terms ``public road'', ``State'', and ``State transportation department'' have the meaning such terms have in section 101 of title 23, United States Code. (g) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) $500,000,000 to carry out this section for each of fiscal years 2010 through 2015. (2) Applicability of title 23.--Funds authorized to be appropriated to carry out this section shall be available for obligation in the same manner as if such funds were appropriated under chapter 1 of title 23, United States Code, and such funds shall remain available until expended and shall not be transferable. SEC. 102. REGULATIONS. Not later than 9 months after the date of enactment of this Act, the Secretary shall issue regulations to carry out section 101. SEC. 103. REVISION OF THE HIGHWAY DESIGN HANDBOOK FOR OLDER DRIVERS AND PEDESTRIANS. The Secretary of Transportation shall-- (1) finalize the revision of the Handbook for publication on or before the date required for issuance of regulations in section 102; (2) initiate a review of applicable traffic safety research for purposes of incorporating in the Handbook appropriate recommendations relating to-- (A) supplemental lighting at intersections, interchanges, rail-grade rail crossings and hazardous sections of roadways, as appropriate, to address visual impairments among older drivers; (B) wet-night visibility of pavement markings and edgelines; and (C) design of intersection curbs and curb ramps to address physical limitations of older or disabled pedestrians; (3) issue, not later than one year after the date of enactment of this section, a guidance memo regarding the appropriateness of applying to public roads and highways pedestrian safety improvements relating to the following intersection design elements: (A) receiving lane (throat) width for turning operations; (B) channelization; (C) offset (single) left-turn lane geometry, signing, and delineation; (D) curb radius; and (E) pedestrian crossing design, operations, and control; and (4) conduct ongoing research to permit revision and publication of an updated Handbook not later than December 31, 2014. TITLE II--OLDER DRIVER AND PEDESTRIAN TRAFFIC SAFETY AMENDMENTS AND ADMINISTRATIVE COORDINATION SEC. 201. MISCELLANEOUS CONFORMING AMENDMENTS. (a) Collection of Traffic Injury and Fatality Data on Older Drivers and Pedestrians.--Section 148(c)(1)(D) of title 23, United States Code, is amended-- (1) by striking ``and'' at the end of clause (iii); (2) by inserting ``and'' at the end of clause (iv); and (3) by inserting after clause (iv), the following: ``(v) includes a means of identifying the relative severity of hazardous locations described in clause (iii) in terms of accidents, injuries, and death involving drivers, passengers, and pedestrians 65 years of age or older;''. (b) Repeal of Existing Law.--Section 1405 of the Safe, Accountable, Flexible, Efficient Transportation Act: A Legacy for Users (23 U.S.C. 401 note; 119 Stat. 1230), and the item relating to such section in section 1(b) of such Act, are repealed. SEC. 202. COORDINATION AND OVERSIGHT OF OLDER DRIVER SAFETY. (a) In General.--The Secretary shall appoint a Special Assistant for Older Driver and Pedestrian Safety within the Office of the Secretary to oversee and coordinate programs operated or funded by the Department relating to transportation safety, research, and services for individuals age 65 and older. (b) Policy Goals and Implementation.--The Secretary shall establish, after consultation with other Federal and State transportation agencies, organizations representing individuals age 65 and older, representatives of law enforcement, and advocates for roadway safety infrastructure, national goals for increasing driver, passenger, and pedestrian safety for persons age 65 and older, together with procedures for implementing and monitoring progress toward achieving such goals. (c) Duties of the Special Assistant.--The Special Assistant for Older Driver and Pedestrian Safety shall be responsible for planning and implementing policies to achieve the national goals set forth by the Secretary pursuant to subsection (b), and, in consultation with the Secretary and the Undersecretary for Policy, shall also have responsibility to: (1) oversee collection and analysis of national traffic accident, injury, and fatality data relating to individuals age 65 and older; (2) coordinate and make recommendations regarding research undertaken by the Department to identify and address the safety needs of drivers, passengers, and pedestrians age 65 and older; (3) oversee the revision of the Handbook, as required by section 103 of this Act; (4) oversee the conduct of research and make recommendations for inclusion in the manual on uniform traffic control devices of appropriate safety features and traffic control devices in the Handbook that have been determined effective in reducing injuries or fatalities among drivers, passengers, and pedestrians age 65 and older; (5) oversee research by the National Highway Traffic Safety Administration to test and implement vehicle crash dummies that more accurately reproduce and measure the severity of vehicle- related injuries for occupants age 65 and older; (6) encourage and facilitate revision of the abbreviated injury scale system of injury quantification to more accurately measure injuries and fatalities to vehicle occupants age 65 and older, including measuring the effect of pre-existing and chronic conditions and long-term injury outcomes; (7) improve coordination of research sponsored by the Department to develop efficient, effective and safe mobility options for individuals age 65 and older with research conducted by the National Center on Senior Transportation; and (8) undertake such other duties and responsibilities that the Secretary or the Undersecretary for Policy shall determine appropriate. (d) Report to Congress.--The Secretary, not later than 12 months after the date of enactment of this section, and not less than annually thereafter, shall submit to Congress a report that documents the progress made by the Department to achieve the goals set forth by the Secretary pursuant to subsection (b), that shall include, as appropriate, descriptions of any impediments to achieving such goals, explanation of strategies or plans to address such impediments, and recommendations for additional Congressional action. (e) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) $250,000 to carry out subsection (d) for each of fiscal years 2010 through 2015. (2) Applicability of title 23.--Funds authorized to be appropriated to carry out subsection (d) shall be available for obligation in the same manner as if such funds were appropriated under chapter 1 of title 23, United States Code, and such funds shall remain available until expended and shall not be transferable. SEC. 203. MINIMUM LEVELS OF RETROREFLECTIVITY FOR PAVEMENT MARKINGS. Not later than October 1, 2010, the Secretary of Transportation shall revise the manual on uniform traffic control devices to include a standard for a minimum level of retroreflectivity that must be maintained for pavement markings, which shall apply to all roads open to public travel.

Summary: Older Driver and Pedestrian Safety and Roadway Enhancement Act of 2009 - Directs the Secretary of Transportation to implement a roadway safety enhancement program for older drivers and pedestrians to: (1) improve roadway safety infrastructure in states that is consistent with recommendations of the Federal Highway Administration (FHWA) in the "Highway Design Handbook for Older Drivers and Pedestrians"; and (2) achieve significant reductions in roadway fatalities and serious injuries among drivers and pedestrians 65 years old or older on all public roads. Sets forth project eligibility requirements and project identification and selection priorities. Requires the Secretary to finalize revision of the Handbook for publication. Amends the Safe, Accountable, Flexible, Efficient Transportation Act: A Legacy for Users (SAFETEA-LU) to repeal its program for roadway safety improvements for older drivers and pedestrians. Requires the Secretary to: (1) appoint a Special Assistant for Older Driver and Pedestrian Safety within the Office of the Secretary; and (2) establish national goals for increasing driver, passenger, and pedestrian safety for persons 65 years old or older. Requires the Secretary to revise the manual on uniform traffic control devices to include a standard for a minimum level of retroreflectivity for pavement markings on all public roads.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Real Estate Transparency Act of 2007''. SEC. 2. GREATER TRANSPARENCY OF SETTLEMENT FEES. (a) In General.--Section 4 of the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2603) is amended-- (1) in subsection (a), in the first sentence, by striking ``The Secretary,'' and inserting ``Provision of Settlement Statement.--The Secretary,''; (2) in subsection (b)-- (A) in the first sentence-- (i) by striking ``The form'' and inserting ``Advance Inspection of Settlement Statement.-- The form''; and (ii) by striking ``, except'' and all that follows through ``available at such time''; and (B) in the second sentence-- (i) by striking ``Upon the request of the borrower to inspect the form prescribed under this section during the'' and inserting ``At least 1''; (ii) by striking ``shall permit the'' and inserting ``shall provide a completed, written copy of the settlement statement to the''; and (iii) by striking ``to inspect those'' and all that follows through ``preceding day''; and (3) by adding at the end the following: ``(c) Agreement for Originator Fees.-- ``(1) Notice of fees.--Not later than 3 days after a person applies for a federally related mortgage loan, the mortgage originator of such loan shall provide to that person a written agreement itemizing all of the fees that person may be charged by the mortgage originator, including any origination fees, underwriting fees, broker fees, and any other fees to be charged at or before the settlement of such loan to be paid to the mortgage originator. Bona fide discount points payable by such person to reduce the interest rate of such loan need not be included on any originator fees agreement under this paragraph. ``(2) Method of payment.-- ``(A) In general.--Each originator fee agreement under paragraph (1) shall set out the following 3 methods for the payment of the fees described in any such agreement: ``(i) Payment in cash before or at settlement. ``(ii) Adding such fees into the total loan amount to be borrowed. ``(iii) Increasing the interest rate of the loan. ``(B) Borrower's choice of payment method.--Each applicant for a federally related mortgage loan, in determining how to pay any of the fees described in an originator fees agreement under paragraph (1), shall choose one of the payment methods described under subparagraph (A), except that the applicant may choose to combine the payment methods described under clauses (i) and (ii) of subparagraph (A). ``(C) Required explanation.-- ``(i) Written.--Each originator fee agreement under paragraph (1) shall include a written explanation of each of the payment options listed in subparagraph (A), along with a clear and concise illustration of the effect of each option on the amount borrowed, the interest rate, the payments required on the loan, and any other loan terms which might be affected by such option. ``(ii) Oral.--Each mortgage originator of a federally related mortgage loan shall explain to each applicant for such a loan each of the payment options listed in subparagraph (A) before accepting any payment from that person. ``(D) Required signature.--Before any applicant for a federally related mortgage loan is obligated to pay any of the fees described in the originator fees agreement under paragraph (1), the person shall have-- ``(i) agreed to and signed the originator fees agreement described under paragraph (1); and ``(ii) exercised the option for determining the method of payment for such fees. ``(d) Early Settlement Statement.-- ``(1) In general.--Not later than 3 days after a person applies for a federally related mortgage loan, the mortgage originator of such loan shall provide to that person a written early settlement statement of all of the settlement costs to be charged to that person at or before settlement. The early settlement statement shall be in the same or a similar form as the statement of settlement costs provided to the person pursuant to subsection (a). ``(2) Required inclusions.--Each early settlement statement under this subsection shall include an itemization of the following: ``(A) All fees agreed to by the applicant of a federally related mortgage loan pursuant to the originator fees agreement described under subsection (c)(1). ``(B) All fees to be charged to that applicant by independent third parties, including government agencies at or before settlement of the loan, plus all escrows reserves which may be required of that person. ``(e) Borrower Liability for Fees.--No borrower shall be liable for any fees which are not disclosed on an early settlement statement, except that the borrower is liable for such fees if-- ``(1) the total amount charged for fees imposed by independent third parties is-- ``(A) not more than 10 percent greater than that stated in the early settlement statement; or ``(B) greater than that allowed under subparagraph (A) because bona fide and reasonable expenses were incurred by such third parties for unanticipated inspection, appraisal, survey, or flood certification of the home which was the subject of such loan; ``(2) the mortgage originator provides a reasonable explanation of the circumstances surrounding the settlement of the loan of the borrower which were different than anticipated by the mortgage originator when the statement was provided; and ``(3) the mortgage originator does not engage in a pattern or practice of providing early settlement statements which disclose individual fees of independent third parties in different amounts than actually charged at settlement. ``(f) Liability for Failure To Comply.-- ``(1) In general.--Whoever fails to comply with any provision of this section shall be liable to the borrower for an amount equal to the sum of-- ``(A) any actual damages to the borrower as a result of the failure; and ``(B) $5,000 for each such instance of noncompliance. ``(2) Court costs.--In addition to any amount under paragraph (1), in the case of any successful action brought by a borrower under this subsection, such borrower shall be reimbursed for the costs of the action, together with any attorneys fees incurred in connection with such action as the court may determine to be reasonable under the circumstances. ``(g) Definition.--As used in this section, the term `mortgage originator'-- ``(1) means any person who, for direct or indirect compensation or gain, or in the expectation of direct or indirect compensation or gain-- ``(A) takes a residential mortgage loan application; or ``(B) assists a consumer in obtaining or applying to obtain a residential mortgage loan; and ``(2) includes any person who makes loans directly or brokers loans for others.''. (b) Conforming Amendment.--Section 5(c) of the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2604(c)) is hereby repealed.

Summary: Real Estate Transparency Act of 2007 - Amends the Real Estate Settlement Procedures Act of 1974 to modify requirements governing settlement statements. Requires the originator of a federally related mortgage loan to provide, within three days of a loan application, a written agreement to the applicant itemizing all of the fees the originator may charge at or before loan settlement, including origination, underwriting, and broker fees. Excludes from such requirement bona fide discount points payable by the borrower to reduce the loan's interest rate. Requires an originator fee agreement to set out the following fee payment methods: (1) paying in cash before or at settlement; (2) adding such fees into the total loan amount to be borrowed; and (3) increasing the loan's interest rate. Requires: (1) written and oral explanations of a borrower's payment options; and (2) a borrower's signature attesting agreement with originator fees and with the chosen method of payment. Requires the originator to provide the applicant with a written early settlement statement of all settlement costs to be charged at or before settlement. Shields borrowers from liability for any such fees not disclosed on an early settlement statement, except in certain circumstances. Establishes originator liability to a borrower for non-compliance with this Act, including reimbursement of the borrower for court costs. Repeals the requirement that special information booklets prepared by the Secretary of Housing and Urban Development (HUD) for borrowers contain a good faith estimate of the amount or range of expected settlement charges.


SECTION 1. MILITARY OCCUPATIONAL SPECIALTY TRANSITION (MOST) PROGRAM. (a) In General.--Subchapter II of chapter 36 of title 38, United States Code, is amended by inserting after section 3687 the following new section: ``Sec. 3687A. Military occupational specialty transition (MOST) program ``(a) Establishment; Eligibility.--(1) Subject to the availability of appropriations for such purpose, the Secretary shall carry out a program of training to provide eligible veterans with skills relevant to the job market. ``(2) For purposes of this section, the term `eligible veteran' means any veteran-- ``(A) whose military occupational specialty at the time of discharge is determined by the Secretary to have limited transferability to the civilian job market; ``(B) who is not otherwise eligible for education or training services under this title; ``(C) who has not acquired a marketable skill since leaving military service; ``(D) who was discharged under conditions not less than general under honorable conditions; and ``(E)(i) who has been unemployed for at least 90 days during the 180-day period preceding the date of application for the program established under this section; or ``(ii) the maximum hourly rate of pay of such veteran during such 180-day period is not more than 150 percent of the Federal minimum wage. ``(b) MOST Program.--The program established under this section shall provide for payments to employers who provide for eligible veterans a program of apprenticeship or on-the-job training if-- ``(1) such program is approved as provided in paragraph (1) or (2) of section 3687(a) of this title; ``(2) the rate of pay for veterans participating in the program is not less than the rate of pay for nonveterans in similar jobs; and ``(3) the Secretary reasonably expects that-- ``(A) the veteran will be qualified for employment in that field upon completion of training; and ``(B) the employer providing the program will hire the veteran at the completion of training. ``(c) Payments to Employers.--(1) Subject to the availability of appropriations for such purpose, the Secretary shall enter into contracts with employers to provide programs of apprenticeship or on- the-job training that meet the requirements of this section. Each such contract shall provide for the payment of the amounts described in subsection (b) to employers whose programs meet such requirements. ``(2) The amount paid under this section with respect to any eligible veteran for any period shall be 50 percent of the wages paid by the employer to such veteran for such period. Wages shall be calculated on an hourly basis. ``(3)(A) Except as provided in subparagraph (B)-- ``(i) the amount paid under this section with respect to a veteran participating in the program established under this section may not exceed $20,000 in the aggregate and $1,666.67 per month; and ``(ii) such payments may only be made during the first 12 months of such veteran's participation in the program. ``(B) In the case of a veteran participating in the program on a less than full-time basis, the Secretary may extend the number of months of payments under subparagraph (A) and proportionally adjust the amount of such payments, but the maximum amount paid with respect to a veteran may not exceed the maximum amount of $20,000 and the maximum amount of such payments may not exceed 24 months. ``(4) Payments under this section shall be made on a quarterly basis. ``(5) Each employer providing a program of apprenticeship or on- the-job training pursuant to this section shall submit to the Secretary on a quarterly basis a report certifying the wages paid to eligible veterans under such program (which shall be certified by the veteran as being correct) and containing such other information as the Secretary may specify. Such report shall be submitted in the form and manner required by the Secretary. ``(d) Authorization of Appropriations.--There is authorized to be appropriated $60,000,000 for each of fiscal years 2009 through 2018 to carry out this section. ``(e) Reporting.--The Secretary shall include a detailed description of activities carried out under this section in the annual report prepared by the Veterans Benefits Administration. ``(f) Separate Accounting.--The Department shall have a separate line item in budget proposals of the Department for funds to be appropriated to carry out this section.''. (b) Clerical Amendment.--The table of sections for such chapter is amended by inserting after the item relating to section 3687 the following new item: ``3687A. Military occupational specialty transition (MOST) program.''. (c) Conforming Amendments.--(1) Subsection (a)(1) of section 3034 of such title is amended by striking ``and 3687'' and inserting ``3687, and 3687A''. (2) Subsections (a)(1) and (c) of section 3241 of such title are each amended by striking ``section 3687'' and inserting ``sections 3687 and 3687A''. (3) Subsection (d)(1) of section 3672 of such title is amended by striking ``and 3687'' and inserting ``3687, and 3687A''. (4) Paragraph (3) of section 4102A(b) of such title is amended by striking ``section 3687'' and inserting ``section 3687 or 3687A''.

Summary: Directs the Secretary of Veterans Affairs to carry out a program of job training in skills relevant to the job market for discharged veterans who are either currently not paid at more than 150% of the federal minimum wage, or: (1) had a military occupational specialty of limited transferability to the civilian job market; (2) are not otherwise eligible for veterans' education or training services; (3) have not acquired a marketable skill since leaving military service; (4) were discharged under conditions not less than honorable; and (5) have been unemployed for at least 90 of the previous 180 days. Designates the program as the MOST (military occupational specialty transition) Program. Directs the Secretary to contract with employers to provide on-the-job training or apprenticeship programs for such veterans. Limits payments under the program to $20,000 per veteran and 24 months in duration.


SECTION 1. INCREASE IN EXPENSING UNDER SECTION 179 FOR GULF OPPORTUNITY ZONE PROPERTY. (a) In General.--Section 179 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(e) Increase in Limitation for Gulf Opportunity Zone Property.-- ``(1) In general.--For purposes of this section-- ``(A) the dollar amount in effect under subsection (b)(1) for the taxable year shall be increased by the lesser of-- ``(i) $100,000, or ``(ii) the cost of qualified section 179 Gulf Opportunity Zone property placed in service during the taxable year, and ``(B) the the dollar amount in effect under subsection (b)(2) for the taxable year shall be increased by the lesser of-- ``(i) $600,000, or ``(ii) the cost of qualified section 179 Gulf Opportunity Zone property placed in service during the taxable year. ``(2) Qualified section 179 gulf opportunity zone property.--For purposes of this subsection, the term `qualified section 179 Gulf Opportunity Zone property' means section 179 property which is qualified Gulf Opportunity Zone property. ``(3) Qualified gulf opportunity zone property.-- For purposes of this subsection-- ``(A) In general.--The term `qualified Gulf Opportunity Zone property' means property-- ``(i) which is described in section 168(k)(2)(A)(i), ``(ii) substantially all of the use of which is in the Gulf Opportunity Zone and is in the active conduct of a trade or business by the taxpayer in such Zone, ``(iii) the original use of which in the Gulf Opportunity Zone commences with the taxpayer on or after August 28, 2005, ``(iv) which is acquired by the taxpayer by purchase (as defined in subsection (d)) on or after August 28, 2005, but only if no written binding contract for the acquisition was in effect before August 28, 2005, and ``(v) which is placed in service by the taxpayer on or before December 31, 2007. ``(B) Exceptions.-- ``(i) Alternative depreciation property.-- Such term shall not include any property described in section 168(k)(2)(D)(i). ``(ii) Tax-exempt bond-financed property.-- Such term shall not include any property any portion of which is financed with the proceeds of any obligation the interest on which is exempt from tax under section 103. ``(iii) Election out.--If a taxpayer makes an election under this clause with respect to any class of property for any taxable year, this subsection shall not apply to all property in such class placed in service during such taxable year. ``(4) Gulf opportunity zone; hurricane katrina disaster area.--For purposes of this subsection-- ``(A) Gulf opportunity zone.--The term `Gulf Opportunity Zone' means that portion of the Hurricane Katrina disaster area determined by the President to warrant individual or individual and public assistance from the Federal Government under the Robert T. Stafford Disaster Relief and Emergency Assistance Act by reason of Hurricane Katrina. ``(B) Hurricane katrina disaster area.--The term `Hurricane Katrina disaster area' means an area with respect to which a major disaster has been declared by the President before September 14, 2005, under section 401 of such Act by reason of Hurricane Katrina. ``(5) Coordination with empowerment zones and renewal communities.--For purposes of sections 1397A and 1400J, qualified section 179 Gulf Opportunity Zone property shall not be treated as qualified zone property or qualified renewal property, unless the taxpayer elects not to take such qualified section 179 Gulf Opportunity Zone property into account for purposes of this subsection. ``(6) Recapture.--For purposes of this subsection, rules similar to the rules under subsection (d)(10) shall apply with respect to any qualified section 179 Gulf Opportunity Zone property which ceases to be qualified section 179 Gulf Opportunity Zone property.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to property placed in service after August 28, 2005.

Summary: Amends the Internal Revenue to increase the expensing allowance (i.e., a tax deduction in the current taxable year) for the cost of Gulf Opportunity Zone property placed in service in the Hurricane Katrina disaster area.


SECTION 1. SHORT TITLE; SENSE OF CONGRESS. (a) Short Title.--This Act may be cited as the ``Enhanced Veteran Healthcare Experience Act of 2011''. (b) Sense of Congress.--It is the sense of Congress that-- (1) the current health care system of the Department of Veterans Affairs is neither fiscally efficient nor effective in providing easily accessible treatment for all veterans; (2) health care can be provided more efficiently to provide veterans with care that is available closer to where they live and to allow veterans more flexibility in choosing their own doctors; and (3) better health care can be provided to veterans at little-to-no increased cost to the taxpayer by replacing the fee-based care system of the Department with the veterans enhanced care program, as described under section 2, and reprogramming funds to this program. SEC. 2. ENHANCED CONTRACT CARE AUTHORITY FOR HEALTH CARE NEEDS OF VETERANS. (a) In General.-- (1) Type of care.--Subsection (a) of section 1703 of title 38, United States Code, is amended to read as follows: ``(a)(1) The Secretary shall provide an eligible veteran with covered health services that are provided by a non-Department provider whom the Secretary enters into a contract with under this section if the Secretary determines that facilities of the Department are not capable of-- ``(A) economically furnishing covered health services to such veteran because of geographical inaccessibility; or ``(B) furnishing covered health services to such veteran because such facilities lack the required personnel, resources, or ability. ``(2) In this subsection: ``(A) The term `covered health services' means, with respect to an eligible veteran, any hospital care, medical service, rehabilitative service, or preventative health service that is authorized to be provided by the Secretary to the veteran under this chapter or any other provision of law. ``(B) The term `eligible veteran' means a veteran enrolled in the health care system established under section 1705(a) of this title who elects to receive care under this section.''. (2) Qualified providers; quality of care.--Such section is amended by adding at the end the following new subsections: ``(e) The Secretary may enter into a contract with a non-Department provider under this section if such provider-- ``(1) demonstrates the ability to provide non-Department health care services to veterans; ``(2) meets or exceeds internal credentialing standards of the Department and standards of the Utilization Review Accreditation Commission; ``(3) has care coordinators who help veterans make, confirm, and keep medical appointments; ``(4) has-- ``(A) a system that allows veterans to file complaints; and ``(B) a demonstrated ability to respond to potential quality indicators and patient safety events; and ``(5) has the ability to-- ``(A) process claims from others in the network of the provider; ``(B) bill a third party (as defined in section 1725(f)(2) of this title) for care provided under this section, as appropriate; and ``(C) transmit directly to the Secretary any amounts received pursuant to subparagraph (B). ``(f) In carrying out this section, the Secretary shall ensure the following: ``(1) With respect to each medical center of the Department, the Secretary is consistent in determining the eligibility of veterans under subsection (a). ``(2) The Secretary includes care coordinators of a non- Department provider described in subsection (e)(3) in initiatives of the Department to provide patient-centered care and uses such coordinators when the Secretary is unable to assign a veteran a case manager from the Department. ``(3) The Department and a non-Department provider under this section exchange clinical information to improve both clinical decision-making and the care a veteran receives. ``(4) Both non-Department facilities under this section and Department facilities meet performance metrics regarding-- ``(A) the quality of health care provided; and ``(B) the satisfaction of veterans. ``(5) A non-Department facility under this section or employee of the Department who exceeds performance metrics under paragraph (4) are eligible for incentive or bonus payments. ``(g)(1) Not later than October 31 of each year, the Secretary shall submit to the Committee of Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on care provided under this section, including-- ``(A) the cost to the Department; ``(B) the number of veterans receiving care under this section; ``(C) the quality of such care and the satisfaction of such veterans; and ``(D) other matters the Secretary considers appropriate. ``(2) Not later than March 1 of each odd-numbered year, the Secretary shall submit to the Committee of Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the allocation of resources with respect to care provided by the Department and by non-Department facilities.''. (3) Effective date.--The amendments made by paragraphs (1) and (2) shall take effect on October 1, 2012. (b) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out section 1703 of title 38, United States Code, as amended by this section, for fiscal year 2013 $5,000,000,000.

Summary: Enhanced Veteran Healthcare Experience Act of 2011 - Expresses the sense of Congress that better health care can be provided to veterans at little-to-no increased cost by revising the Department of Veterans Affairs (VA) fee-based system for hospital care and medical services in non-VA facilities. Directs the Secretary of Veterans Affairs to provide certain enrolled veterans with health services (authorized hospital care or medical, rehabilitative, or preventative health services) that are provided by a non-VA provider with whom the Secretary enters into a contract pursuant to this Act if the Secretary determines that VA facilities are incapable of furnishing such services because of: (1) geographical inaccessibility; or (2) a lack of required personnel, resources, or ability at VA facilities. Authorizes the Secretary to enter a contract with a non-VA provider that: (1) demonstrates the ability to provide non-VA health care services to veterans; (2) meets or exceeds credentialing standards of the VA and the Utilization Review Accreditation Commission; (3) has coordinators who help veterans make, confirm, and keep medical appointments, a system that allows veterans to file complaints, and a demonstrated ability to respond to potential quality indicators and patient safety events; and (4) has the ability to process claims from other providers in its network, bill third parties, and transmit received amounts to the Secretary. Sets forth requirements concerning the VA's coordination with non-VA providers, performance metrics, and bonus payments for exceeding such metrics.