SECTION 1. SHORT TITLE. This Act may be cited as the ``Mortgage Disclosure Simplification Act of 2007''. SEC. 2. REQUIRED DISCLOSURES REGARDING LOAN TERMS. The Real Estate Settlement Procedures Act of 1974 is amended by inserting after section 4 (12 U.S.C. 2603) the following new section: ``SEC. 4A. REQUIRED DISCLOSURES REGARDING LOAN TERMS. ``(a) Development.--The Secretary, in consultation with appropriate Federal lending regulation agencies, shall develop and prescribe standard written forms under subsection (c) for statement of the essential terms of a federally related mortgage loan. ``(b) Requirement To Use.-- The Secretary shall require that-- ``(1) the forms developed pursuant to subsection (a) be used in all transactions in the United States that involve federally related mortgage loans; and ``(2) that in any such a transaction-- ``(A) the form under subsection (c)(1) shall be appropriately and accurately completed by the lender or mortgage broker, or both; and ``(B) the completed form under subsection (c)(1) shall be provided to the borrower, together with the form under subsection (c)(2), not later than three days after the application for the federally related mortgage loan is made. ``(c) Contents.--With respect to a federally related mortgage loan, the standard written forms required under this subsection are as follows: ``(1) Statement of loan terms.--A single page, written disclosure regarding the federally related mortgage loan that, when completed by the lender or mortgage broker, or both, sets forth, in accordance with such requirements as the Secretary shall by regulation establish-- ``(A) a best possible estimate of-- ``(i) the total loan amount under the federally related mortgage loan; ``(ii) the loan-to-value ratio for the loan; ``(iii) the final maturity date for the loan; ``(iv) the amount and due date for any balloon payment under the loan; ``(v) the amount of any prepayment fee to be charged if the loan is paid in full before the final maturity date for the loan; ``(vi) the initial interest rate under the loan expressed as an annual percentage rate, and the amount of the monthly payment due under such rate; ``(vii) the duration during which such initial interest rate will be charged; ``(viii) the fully indexed rate of interest under the loan expressed as an annual percentage rate and the amount of the monthly payment due under such rate; ``(ix) the maximum possible rate of interest under the loan expressed as an annual percentage rate and the amount of the monthly payment due under such rate; ``(x) the monthly household income of the borrower upon which the loan is based; ``(xi) the amount of initial monthly payment due under the loan, and the amount of such initial monthly payment plus monthly amounts due for taxes and insurance on the property for which the loan is made, both expressed as a percentage of the monthly household income of the borrower; ``(xii) the amount of the fully indexed monthly payment due under the loan, and the amount of such fully indexed monthly payment plus monthly amounts due for taxes and insurance on the property for which the loan is made, both expressed as a percentage of the monthly household income of the borrower; ``(xiii) the aggregate amount of settlement charges for all settlement services provided in connection with the loan, the amount of such charges that are included in the loan amount and the amount of such charges the borrower must pay at closing, the aggregate amount of lender's fees connection with the loan, and the aggregate amount of other fees or required payments in connection with the loan; and ``(xiv) the aggregate amount of fees paid to the mortgage broker in connection with the loan, the amount of such fees paid directly by the borrower, and any additional amount received by the broker from the lender based on the interest rate of the loan (commonly referred to as a yield spread premium); ``(B) a name, telephone number, and electronic mail address that may be used by the borrower to obtain information regarding the loan; and ``(C) a prominent statement that the amounts to be provided by the lender or mortgage broker, or both, under the federally related mortgage loan shall be subject to final underwriting of the loan. ``(2) Statement of definitions and explanations.--A two- page written disclosure that sets forth, in accordance with such requirements as the Secretary shall, by regulation, establish, basic easy-to-understand definitions or explanations, of terms relating to residential mortgage loans, including each of the following terms: appraised value, types of loans, initial interest rate, fully indexed rate of interest, maximum possible rate of interest, monthly household income, monthly loan payment including taxes and insurance, fully indexed housing expense ratio, prepayment fee, balloon payment, payment option loan, points, closing costs, settlement services, settlement charges, lender's fees, and mortgage broker. ``(d) Savings Clause.--Notwithstanding disclosure pursuant to subsection (c)(1)(A) of best possible estimates of the information required under such subsection with respect to a federally related mortgage loan, the amounts to be provided by the lender or mortgage broker, or both, under the loan shall be subject to final underwriting of the loan.''.

Summary: Mortgage Disclosure Simplification Act of 2007 - Amends the Real Estate Settlement Procedures Act of 1974 to instruct the Secretary of Housing and Urban Development to develop and prescribe standard written forms stating the essential terms of a federally related mortgage loan, which lenders or mortgage brokers shall provide to prospective mortgagors. Requires such disclosures to include: (1) a statement of terms regarding a federally related mortgage loan; and (2) a statement of basic easy-to-understand definitions or explanations of such terms.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Methamphetamine Use Response Act of 1999''. SEC. 2. DEFINITIONS. In this Act: (1) The term ``Administrator'' means the Administrator of the Drug Enforcement Administration. (2) The term ``Committees'' means the Committees on Appropriations and the Committees on the Judiciary of the House of Representatives and the Senate. (3) The term ``midsize city'' means a city with a population under 250,000 and over 20,000. (4) The term ``rural area'' means a county or parish with a population under 50,000. (5) The term ``small city'' means a city with a population under 20,000. SEC. 3. REPORT ON METHAMPHETAMINE CONSUMPTION IN RURAL AREAS, SMALL CITIES, AND MIDSIZE CITIES. (a) In General.--The Secretary of Health and Human Services shall submit to the Committees annually a report on the problems caused by methamphetamine consumption in rural areas, small cities, and midsize cities. (b) Concerns Addressed.--Each report submitted under this section shall include an analysis of-- (1) the manner in which methamphetamine consumption in rural areas differs from methamphetamine consumption in areas with larger populations, and the means by which to accurately measure those differences; (2) the incidence of methamphetamine abuse in rural areas and the treatment resources available to deal with methamphetamine addiction in those areas; (3) any relationship between methamphetamine consumption in rural areas and a lack of substance abuse treatment in those areas; and (4) any relationship between geographic differences in the availability of substance abuse treatment and the geographic distribution of the methamphetamine abuse problem in the United States. SEC. 4. CLEANUP OF METHAMPHETAMINE LABORATORIES AND PRODUCTION MATERIALS. (a) Authorization of Appropriations.--There is authorized to be appropriated for the Drug Enforcement Administration for each fiscal year after fiscal year 1999, $20,000,000 in order to carry out the activities described in subsection (b). (b) Availability of Amounts.-- (1) In general.--Amounts appropriated pursuant to the authorization of appropriations in subsection (a) shall be available to the Drug Enforcement Administration for activities to alleviate the growing financial burden on rural communities, small cities, midsize cities, and other communities resulting from the cleanup of clandestine laboratories and other drug- related hazardous waste. (2) Specific activities.--The activities covered by paragraph (1) shall include the following: (A) The cleanup of clandestine laboratories and other drug-related hazardous waste across the United States, whether initiated by the Drug Enforcement Administration or by State or local entities. (B) The improvement of current contract-related response times for cleanup of such laboratories and waste through the provision of additional contract personnel, equipment, and facilities. (c) Supplement Not Supplant.--The amounts authorized to be appropriated by subsection (a) for the Drug Enforcement Administration for a fiscal year are in addition to any other amounts authorized to be appropriated for the Administration for the fiscal year for the activities described in subsection (b). SEC. 5. INVESTIGATIVE ASSISTANCE RELATING TO METHAMPHETAMINE FOR STATE AND LOCAL LAW ENFORCEMENT. (a) Findings.--Congress makes the following findings: (1) Because of the strong connection between methamphetamine trafficking and Mexican drug trafficking organizations, many local law enforcement agencies are confronted with methamphetamine trafficking suspects who speak Spanish. (2) Most local law enforcement agencies lack the foreign language and specialized investigative skills necessary to communicate with and monitor suspected drug traffickers, thereby limiting their ability to respond effectively to methamphetamine trafficking. (3) Informants, witnesses, communications intercepts, and other investigative tools are of limited use if an investigator cannot understand the language employed. (4) The timely provision of select Drug Enforcement Administration Special Agents with Spanish language capability and specialized clandestine laboratory training could greatly assist in the efforts of State and local law enforcement against methamphetamine traffickers and their operations. (b) Investigative Assistance.-- (1) In general.--The Administrator shall establish within the Drug Enforcement Administration a select cadre of Special Agents with Spanish language capabilities who shall work with State and local law enforcement agencies across the United States on matters relating to the combating of methamphetamine- related drug trafficking. (2) Composition of cadre.--The cadre established under paragraph (1) shall consist of 20 Special Agents with the requisite Spanish language skills. (3) Allocation.--The Administrator shall determine the allocation of the Special Agents in the cadre referred to in paragraph (1) through ongoing assessments of the national methamphetamine threat. (4) Authorization of appropriations.--There is authorized to be appropriated for the Drug Enforcement Administration for fiscal year 2000, $4,700,000 of which-- (A) $3,000,000 shall be available for purposes of establishing the cadre required by paragraph (1), including the hiring and training of agents to fill the cadre; and (B) $1,700,000 shall be available to cover the permanent change of stations (PCS) costs associated with the transfer of senior agents selected to staff the cadre. SEC. 6. ADDITIONAL TRAINING FOR DRUG ENFORCEMENT ADMINISTRATION AND STATE AND LOCAL LAW ENFORCEMENT PERSONNEL. (a) Findings.--Congress makes the following findings: (1) The spread of methamphetamine abuse and production across the United States has forced law enforcement agencies to address challenges that exceed the many years of experience of the personnel within such agencies. (2) Unlike cocaine or heroin, methamphetamine can be produced easily from readily available everyday products using recipes readily available on the Internet. (3) The chemicals involved in methamphetamine production can be caustic or explosive if handled improperly. (4) In order to meet the demand for training and certification of local law enforcement personnel to meet the challenges posed by methamphetamine production and abuse, it is necessary to expand the training capabilities of the Drug Enforcement Administration. (5) Most of the costs associated with the training of State and local law enforcement personnel are cost relating to air travel. (6) Because the Drug Enforcement Administration already provides training for State and local law enforcement personnel, the establishment of regional training centers in the Administration will both reduce travel costs associated with the training of such personnel and enhance the training provided. (7) Such regional training centers will permit enhanced training of State and local law enforcement personnel at reduced cost over the long term. (b) Regional Satellite Training Centers.-- (1) Requirement.--The Administrator shall establish within the Drug Enforcement Administration four regional satellite training centers for purposes of providing clandestine laboratory training to Federal, State, and local law enforcement personnel. The Administrator shall establish the training centers at appropriate locations throughout the United States. (2) Personnel.--The Administrator shall assign to the centers established under paragraph (1) 12 Special Agents, 4 Drug Prevention Specialists, and 8 Support personnel, as appropriate. (3) Activities of drug prevention specialists.--The Drug Prevention Specialists assigned to the centers under paragraph (2) shall work with communities that have been previously assisted by the Mobile Enforcement and Regional Enforcement Teams of the Drug Enforcement Administration in order to assist such communities in the development of drug prevention programs and coalitions and provide a solid foundation for the long-term elimination of drug trafficking, abuse, and violence in such communities. (4) Authorization of appropriations.--There is authorized to be appropriated for the Drug Enforcement Administration for fiscal year 2000, $30,000,000 for purposes of establishing the regional centers required by paragraph (1), including the assignment of personnel to such centers under paragraph (2), and for training-related support for such centers. (c) Specialized Clandestine Laboratory Training.-- (1) Specialized clandestine laboratory training.--In addition to any other clandestine laboratory training programs currently administered by the Drug Enforcement Administration, the Administrator shall establish the following: (A) Advanced Clandestine Laboratory Investigations schools for State and local law enforcement personnel. (B) Additional Basic Clandestine Laboratory Certification Schools for both Drug Enforcement Administration personnel and State and local law enforcement personnel. (C) A program, to be known as the ``Train the Trainer'' program, in accordance with paragraph (2). (2) Train the trainer program.--The purpose of Train the Trainer program shall be to provide State and local law enforcement personnel with the skills necessary to provide clandestine laboratory recertification and awareness training to other law enforcement personnel within their jurisdictions. (3) Authorization of appropriations.-- (A) Authorization.--There is authorized to be appropriated for the Drug Enforcement Administration for each fiscal year after fiscal year 1999, the following: (i) $750,000 for Advanced Clandestine Laboratory Investigation Schools required under paragraph (1)(A). (ii) $2,000,000 for the additional Basic Clandestine Laboratory Certification Schools required under paragraph (1)(B). (iii) $1,000,000 for the awareness materials required for the Train the Trainer program required under paragraph (1)(C). (2) Supplement not supplant.--The amounts authorized to be appropriated by subparagraph (A) are in addition to any other amounts authorized to be appropriated for the Drug Enforcement Agency for the activities referred to in paragraph (1). SEC. 7. ANNUAL STRATEGY ON METHAMPHETAMINE PRODUCTION AND ABUSE. (a) Requirement.--Not later than 6 months after the date of the enactment of this Act and annually thereafter, the Attorney General shall submit to the Committees a report containing a detailed strategy to combat the problem of methamphetamine production and abuse in the United States. (b) Initial Report.--The first report submitted under this section shall include the following: (1) An assessment of the progress made in achieving the goals first outlined in the April 1996 document entitled ``National Methamphetamine Strategy'', including a description of any successes and failures in achieving such goals. (2) A description of the progress made in controlling methamphetamine in light of the goals established by the Performance Measures of Effectiveness established by the National Drug Control Strategy. (3) Any recommendations for legislative action that the Attorney General considers necessary to implement the strategy under subsection (a). (c) Subsequent Reports.--Each report submitted under this section after the first such report shall include the following: (1) An evaluation by the Attorney General of the progress made in implementing the strategy. (2) A description of the successes and failures associated with implementing the strategy contained in the report. (3) Any recommendations for legislative action that the Attorney General considers appropriate to facilitate the continuing implementation of the strategy. SEC. 8. THEFT AND TRANSPORTATION OF ANHYDROUS AMMONIA. (a) In General.--Part D of the Controlled Substances Act (title II of Public Law 91-513; 21 U.S.C. 841 et seq.) is amended by adding at the end the following: ``anhydrous ammonia ``Sec. 423 (a) It is unlawful for any person-- ``(1) to steal anhydrous ammonia; or ``(2) to transport stolen anhydrous ammonia across State lines. ``(b) Any person who violates subsection (a) shall be imprisoned or fined, or both, in accordance with section 403(d) as if such violation were a violation of a provision of section 403.''. (b) Clerical Amendment.--The table of contents for that Act is amended by inserting after the item relating to section 421 the following new items: ``Sec. 422. Drug paraphernalia. ``Sec. 423. Anhydrous ammonia.''. (c) Assistance for Certain Research.-- (1) Agreement.--The Administrator shall seek to enter into an agreement with Iowa State University in order to permit the University to continue and expand its current research into the development of inert agents that, when added to anhydrous ammonia, eliminate the usefulness of anhydrous ammonia as an ingredient in the production of methamphetamine. (2) Reimbursable provision of funds.--The agreement under paragraph (1) may provide for the provision to Iowa State University, on a reimbursable basis, of $500,000 for purposes the activities specified in that paragraph. (3) Authorization of appropriations.--There is hereby authorized to be appropriated for the Drug Enforcement Agency for fiscal year 2000, $500,000 for purposes of carrying out the agreement under this subsection.

Summary: Rural Methamphetamine Use Response Act of 1999 - Directs the Secretary of Health and Human Services to submit to specified congressional committees an annual report on the problems caused by methamphetamine consumption in rural areas, small cities, and mid-size cities. (Sec. 4) Authorizes appropriations for the Drug Enforcement Administration (DEA) for each fiscal year after FY 1999. Makes sums appropriated available to the DEA for activities to alleviate the growing financial burden on rural communities, small cities, mid-size cities, and other communities resulting from the cleanup of clandestine laboratories and other drug related hazardous waste. Requires the Administrator of the DEA to establish within the DEA a select cadre of special agents with Spanish language capabilities who show work with State and local law enforcement agencies across the United States on matters relating to the combating of methamphetamine related drug trafficking. Authorizes appropriations. (Sec. 6) Directs the Administrator to establish within the DEA four regional satellite training centers for purposes of providing clandestine laboratory training to Federal, State, and local law enforcement personnel, to establish such centers at appropriate locations throughout the United States, and to assign to such centers 12 special agents, four drug prevention specialists, and eight support personnel, as appropriate. Requires the drug prevention specialists to work with communities that have been previously assisted by the DEA's Mobile Enforcement and Regional Enforcement Teams to assist such communities in the development of drug prevention programs and coalitions and provide a solid foundation for the long-term elimination of drug trafficking, abuse, and violence in such communities. Authorizes appropriations. Requires the Administrator to establish: (1) Advanced Clandestine Laboratory Investigations schools for State and local law enforcement personnel; (2) Additional Basic Clandestine Laboratory Certification schools for both DEA and State and local law enforcement personnel; and (3) a "Train the Trainer" program to provide State and local law enforcement personnel with the skills necessary to provide clandestine laboratory re-certification and awareness training to other law enforcement personnel within their jurisdictions. Authorizes appropriations. (Sec. 7) Directs the Attorney General to submit to the Committees annually a report containing a detailed strategy to combat the problem of methamphetamine production and abuse in the United States. (Sec. 8) Amends of the Controlled Substances Act to prohibit the theft and transportation across State lines of stolen anhydrous ammonia. Directs the Administrator to seek to enter into an agreement with Iowa State University to permit the University to continue and expand its current research into the development of inert agents that, when added to anhydrous ammonia, eliminate the usefulness of anhydrous ammonia as an ingredient in the production of methamphetamine. Allows such agreement to provide for the provision to such University, on a reimbursable basis, of $500,000. Authorizes appropriations for the DEA for FY 2000.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Organization of American States Revitalization and Reform Act of 2013''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The Charter of the Organization of American States recognizes that-- (A) representative democracy is indispensable for the stability, peace, and development of the Western Hemisphere; and (B) a purpose of the Organization of American States is to promote and consolidate representative democracy, with due respect for the principle of nonintervention. (2) The United States supports the purposes and principles enshrined in-- (A) the Charter of the Organization of American States; (B) the Inter-American Democratic Charter; and (C) the American Declaration on the Rights and Duties of Man. (3) The United States supports the Organization of American States in its efforts with all member states to meet our commitments under the instruments set forth in paragraph (2). (4) Congress supports the Organization of American States as it operates in a manner consistent with the Inter-American Democratic Charter. SEC. 3. STATEMENT OF POLICY. It is the policy of the United States-- (1) to promote democracy and the rule of law throughout the Western Hemisphere; (2) to promote and protect human rights and fundamental freedoms in the Western Hemisphere; and (3) to support the practices, purposes, and principles expressed in the Charter of the Organization of American States, the American Declaration on the Rights and Duties of Man, the Inter-American Democratic Charter, and other fundamental instruments of democracy. SEC. 4. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the Organization of American States (OAS) should be the primary multi-lateral diplomatic entity for regional dispute resolution and promotion of democratic governance and institutions; (2) the OAS is a valuable platform from which to launch initiatives aimed to benefit the countries of the Western Hemisphere; (3) the Summit of the Americas institution and process embodies a valuable complement to regional dialogue and cooperation; (4) the Summit of the Americas process should be formally and more effectively integrated into the work of the OAS, the Inter- American Development Bank, and other Members of the Joint Summit Working Group, and the OAS should play a central role in overseeing and managing the Summit process; (5) the OAS General Assembly and the Summit of the Americas events should be combined geographically and chronologically in the years in which they coincide; (6) the OAS has historically accepted too many mandates from its member states, resulting in both lack of clarity on priorities and loss of institutional focus, which in turn has reduced the effectiveness of the organization; (7) to ensure an appropriate balance of priorities, the OAS should review its core functions no less than annually and seek opportunities to reduce the number of mandates not directly related to its core functions; (8) key OAS strengths lie in strengthening peace and security, promoting and consolidating representative democracy, regional dispute resolution, election assistance and monitoring, fostering economic growth and development cooperation, facilitating trade, combating illicit drug trafficking and transnational crime, and support for the Inter-American Human Rights System; (9) the core competencies referred to in paragraph (8) should remain central to the strategic planning process of the OAS and the consideration of future mandates; (10) any new OAS mandates should be accepted by the member states only after an analysis is conducted and formally presented consisting of a calculation of the financial costs associated with the mandate, an assessment of the comparative advantage of the OAS in the implementation of the mandate, and a description of the ways in which the mandate advances the organization's core mission; (11) any new mandates should include, in addition to the analysis described in paragraph (10), an identification of the source of funding to be used to implement the mandate; (12) the OAS would benefit from enhanced coordination between the OAS and the Inter-American Development Bank on issues that relate to economic development; (13) the OAS would benefit from standard reporting requirements for each project and grant agreement; (14) the OAS would benefit from effective implementation of-- (A) transparent and merit-based human resource standards and processes; and (B) transparent hiring, firing, and promotion standards and processes, including with respect to factors such as gender and national origin; and (15) it is in the interest of the United States, OAS member states, and a modernized OAS to move toward an assessed fee structure that assures the financial sustainability of the organization and establishes, not later than five years after the date of the enactment of this Act, that no member state pays more than 50 percent of the organization's assessed fees. SEC. 5. ORGANIZATION OF AMERICAN STATES REVITALIZATION AND REFORM STRATEGY. (a) Strategy.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a multiyear strategy that-- (A) identifies a path toward the adoption of necessary reforms that prioritize and reinforce the OAS's core competencies described in section 4(8); (B) outlines an approach to secure from the OAS effective adoption of-- (i) a results-based budgeting process in order to strategically prioritize, and where appropriate, reduce current and future mandates; and (ii) transparent hiring, firing, and promotion practices; (C) reflects the inputs and coordination from other Executive Branch agencies, as appropriate; and (D) identifies a path toward the adoption of necessary reforms that would-- (i) lead to an assessed fee structure in which no member state would pay more than 50 percent of the OAS's assessed yearly fees; and (ii) seek to minimize the negative financial impact on the OAS and its operations. (2) Policy priorities and coordination.--The Secretary of State shall-- (A) carry out diplomatic engagement to build support for reforms and budgetary burden sharing among OAS member states and observers; and (B) promote donor coordination among OAS member states. (b) Briefings.--The Secretary of State shall offer to the committees referred to in subsection (a)(1) a quarterly briefing that-- (1) reviews assessed and voluntary contributions; (2) analyzes the progress made by the OAS to adopt and effectively implement a results-based budgeting process in order to strategically prioritize, and where appropriate, reduce current and future mandates; (3) analyzes the progress made by the OAS to adopt and effectively implement transparent and merit-based human resource standards and practices and transparent hiring, firing, and promotion standards and processes, including with respect to factors such as gender and national origin; (4) analyzes the progress made by the OAS to adopt and effectively implement a practice of soliciting member quotas to be paid on a schedule that will improve the consistency of its operating budget; and (5) analyzes the progress made by the OAS to review, streamline, and prioritize mandates to focus on core missions and make efficient and effective use of available funding. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Summary: (This measure has not been amended since it was passed by the House on September 17, 2013. Organization of American States Revitalization and Reform Act of 2013 - States that it is U.S. policy to: (1) promote democracy, the rule of law, and human rights in the Western Hemisphere; and (2) support the practices and principles expressed in the Charter of the Organization of American States, the American Declaration on the Rights and Duties of Man, the Inter-American Democratic Charter, and other fundamental instruments of democracy. Expresses the sense of Congress that: (1) the Organization of American States (OAS) should be the primary multi-lateral diplomatic entity for regional dispute resolution and promotion of democratic governance; (2) the Summit of the Americas process should be formally and more effectively integrated into the work of the OAS, the Inter-American Development Bank, and other Members of the Joint Summit Working Group; (3) the OAS has historically accepted too many member state mandates creating unclear priorities and loss of institutional focus; and (4) it is in the interest of the United States and the OAS and its member states to move toward an assessed fee structure that assures financial sustainability and establishes, within five years, that no member state pays more than 50% of the organization's assessed fees. Directs the Secretary of State to submit to Congress a multiyear strategy that: (1) leads to such assessed fee structure, (2) identifies a path toward the adoption of necessary reforms that prioritize the core competencies of the OAS, (3) outlines a results-based budgeting process to prioritize current and future mandates and transparent hiring and promotion practices, and (4) reflects the inputs and coordination from other executive branch agencies. Directs the Secretary to: (1) carry out diplomatic engagement to build support for reforms and budgetary burden sharing among OAS member states and observers, and (2) promote donor coordination among OAS member states.


SECTION 1. SHORT TITLE. This Act may be cited as the ``High Performance Schools Act of 1999''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds the following: (1) American K-12 schools spend over $6 billion annually on energy costs which is more than is spent on books and computers combined. (2) Educators teach and students learn best in an environment that is comfortable, healthy, naturally lit where possible, and in good repair and studies have indicated that student achievement is greater and attendance higher when those conditions are met. (3) Over half of our nation's K-12 schools are more than 40 years old and in need of renovation to reach such standard of efficiency and comfort and 6,000 new schools will be required over the next 10 years to accommodate the growing number of students. (4) Inadequate ventilation in school buildings, poor lighting and acoustical quality, and uncomfortable temperatures can diminish students' capacity to concentrate and excel. (5) Inefficient use of water, either in consumption or from poorly maintained systems, is prevalent in older schools. (6) Using a whole building approach in the design of new schools and the renovation of existing schools--considering how materials, systems, and products connect and overlap and also how a school is integrated on its site and within the surrounding community--will result in high performance school buildings. (7) Adoption of whole building concepts has been shown to result in dramatic improvements in student and teacher performance. (8) Adopting a whole building approach usually results in a lower life-cycle cost for the school building than for a conventionally designed and built building. (9) Systematic use of energy conservation in school construction and renovation projects can save at least one quarter of current energy costs, leaving more money for teachers and educational materials. (10) The use of renewable energy sources such as daylighting, passive solar heating, photovoltaics, wind, geothermal, hydropower, and biomass power in a building already designed to be low-energy can help meet the building's energy needs without added emissions. (11) Using environmentally preferable products and providing for adequate supplies of fresh air will improve indoor air quality and provide healthful school buildings. (12) Most school districts do not have the knowledge of cutting-edge design and technologies to implement optimum efficiency into new school construction or into school renovations. (13) Congress is currently considering legislation that will help school districts build new schools and renovate existing schools. (b) Purpose.--It is the purpose of this Act to assist school districts in the production of high performance elementary and secondary school buildings that are healthful, productive, energy efficient, and environmentally sound. SEC. 3. PROGRAM ESTABLISHMENT AND ADMINISTRATION. (a) Establishment.--There is established in the Department of Education the High Performance Schools Program (hereafter in this Act referred to as the ``Program''). (b) In General.--The Secretary of Education may, through the Program, make grants-- (1) to be provided to school districts to implement the purpose of this Act; (2) to administer the program of assistance to school districts pursuant to this Act; and (3) to promote participation by school districts in the program established by this Act. (c) Grants to Assist School Districts.--Grants under subsection (b)(1) shall be used to achieve energy efficiency performance not less than 30 percent beyond the levels prescribed in the 1998 International Energy Conservation Code as it is in effect for new construction and existing buildings. Grants under such subsection shall be made to school districts that-- (1) have demonstrated a need for such grants in order to respond appropriately to increasing elementary and secondary school enrollments or to make major investments in renovation of school facilities; (2) have demonstrated that the districts do not have adequate funds to respond appropriately to such enrollments or achieve such investments without assistance; and (3) have made a commitment to use the grant funds to develop high performance school buildings in accordance with the plan developed and approved pursuant to subsection (e)(1). (d) Other Grants.-- (1) Grants for administration.--Grants under subsection (b)(2) shall be used to evaluate compliance by school districts with requirements of this Act and in addition may be used for-- (A) distributing information and materials to clearly define and promote the development of high performance school buildings for both new and existing facilities; (B) organizing and conducting programs for school board members, school district personnel, architects, engineers, and others to advance the concepts of high performance school buildings; (C) obtaining technical services and assistance in planning and designing high performance school buildings; and (D) collecting and monitoring data and information pertaining to the high performance school building projects. (2) Grants to promote participation.--Grants under subsection (b)(3) may be used for promotional and marketing activities, including facilitating private and public financing, promoting the use of energy service companies, working with school administrations, students, and communities, and coordinating public benefit programs. (e) Implementation.-- (1) Plans.--Grants under subsection (b) shall be provided only to school districts that, in consultation with State offices of energy and education, have developed plans that the State agency designated by the Governor of the State determines to be feasible and appropriate in order to the achieve the purposes for which such grants were made. (2) Supplementing grant funds.--The State agency referred to in paragraph (1) shall encourage qualifying school districts to supplement their grant funds with funds from other sources in the implementation of their plans. SEC. 4. ALLOCATION OF FUNDS. (a) Governors.--Except as provided in subsection (c), funds appropriated for the implementation of this Act shall be provided to the Governors of the States. Each Governor shall determine the appropriate State agency to administer the program of assistance to school districts under this Act. (b) Purposes.--Except as provided in subsection (c), funds appropriated under section 5 shall be allocated as follows: (1) Seventy percent shall be used to make grants under section 3(b)(1). (2) Fifteen percent shall be used to make grants under section 3(b)(2). (3) Fifteen percent shall be used to make grants under section 3(b)(3). (c) Other Funds.--The Secretary of Education may, through the Program established under section 3(a), retain an amount, not to exceed $300,000 per year, to assist State agencies designated by the Governor in coordinating and implementing such Program. Such funds may be used to develop reference materials to further define the principles and criteria to achieve high performance school buildings. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. For grants under section 3(b) there are authorized to be appropriated $200,000,000 for fiscal year 2001, $210,000,000 for fiscal year 2002, $220,000,000 for fiscal year 2003, $230,000,000 for fiscal year 2004, and such sums as may be necessary for each of the subsequent 6 fiscal years. SEC. 6. DEFINITIONS. For purposes of this Act: (1) Elementary and secondary school.--The term ``elementary school'' and ``secondary school'' shall have the same meaning given such terms in paragraphs (14) and (25) of section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801(14),(25)). (2) High performance school building.--The term ``high performance school building'' refers to a school building which, in its design, construction, operation, and maintenance maximizes use of renewable energy and energy conservation practices, is cost-effective on a life-cycle basis, uses affordable, environmentally preferable, durable materials, enhances indoor environmental quality, protects and conserves water, and optimizes site potential. (3) Renewable energy.--The term ``renewable energy'' means energy produced by solar, wind, geothermal, hydropower, and biomass power.

Summary: (Sec. 3) Authorizes the Secretary of Education to make grants, through the Program, for: (1) assisting school districts to implement this Act's purpose; (2) administering the program of assistance to school districts under this Act; and (3) promoting participation by school districts in the Program. Requires grants to assist school districts to be used to achieve energy efficiency performance not less than 30 percent beyond the levels prescribed in the 1998 International Energy Conservation Code as it is in effect for new construction and existing buildings. Requires such grants to be made to school districts that: (1) need to respond appropriately to increasing elementary and secondary school enrollments or to make major investments in renovation of school facilities; (2) do not have adequate funds to do so without such assistance; and (3) are committed to using grant funds to develop high performance school buildings in accordance with an approved plan. Requires grants for administration to be used to evaluate compliance by school districts with requirements of this Act. Allows such grants also to be used to: (1) distribute information and materials to define and promote development of high performance school buildings for new and existing facilities; (2) organize and conduct programs for school board members, school district personnel, architects, engineers, and others to advance the concepts of such buildings; (3) obtain technical services and assistance in planning and designing such buildings; and (4) collect and monitor data and information pertaining to such building projects. Allows grants to promote participation to be used for promotional and marketing activities, including facilitating private and public financing, promoting the use of energy service companies, working with school administrations, students, and communities, and coordinating public benefit programs. Allows grants under this Act to be provided only to school districts that have developed plans that the State agency designated by the Governor of the State determines to be feasible and appropriate. Requires such State agency to encourage qualifying school districts to supplement their grant funds with funds from other sources in the implementation of their plans. (Sec. 4) Requires funds appropriated for the implementation of this Act, with the exception of certain reserved funds, to be provided to the Governors of the States. Directs each Governor to determine the appropriate State agency to administer the program of assistance to school districts. Allocates such funds as follows: (1) 70 percent for grants to assist school districts; (2) 15 percent for grants for administration; and (3) 15 percent for grants to promote participation. Authorizes the Secretary of Education to retain, through the Program, a limited annual amount to assist State agencies designated by the Governor in coordinating and implementing such Program. Allows funds to be used to develop reference materials to further define the principles and criteria to achieve high performance school buildings. (Sec. 5) Authorizes appropriations.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Commission on the Accountability and Review of Federal Agencies Act''. SEC. 2. ESTABLISHMENT OF COMMISSION. (a) Establishment.--There is established the Commission on the Accountability and Review of Federal Agencies (hereafter in this Act referred to as the ``Commission''). (b) Membership.-- (1) In general.--The Commission shall consist of 12 members, all of whom shall be appointed by the President not later than 90 days after the date of enactment of this Act. (2) Chairperson and vice chairperson.--The President shall designate a chairperson and vice chairperson from among the members of the Commission. (c) Period of Appointment; Vacancies.--Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment. (d) Meetings.-- (1) Initial meeting.--Not later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold its first meeting. (2) Subsequent meetings.--The Commission shall meet at the call of the chairperson. (e) Quorum.--A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. SEC. 3. DUTIES OF THE COMMISSION. (a) Definition.--In this section: (1) In general.--Except as provided in paragraph (2), the term ``agency'' has the meaning given the term ``executive agency'' under section 105 of title 5, United States Code. (2) Exception.--The term ``agency'' does not include the Department of Defense or its subdivisions. (b) In General.--The Commission shall-- (1) evaluate all agencies and programs within those agencies, using the criteria under subsection (c); and (2) submit to Congress-- (A) a plan with recommendations of the agencies and programs that should be realigned or eliminated; and (B) proposed legislation to implement the plan described under subparagraph (A). (c) Criteria.-- (1) Duplicative.--If 2 or more agencies or programs are performing the same essential function and the function can be consolidated or streamlined into a single agency or program, the Commission shall recommend that the agency or program be realigned. (2) Wasteful or inefficient.--The Commission shall recommend the realignment or elimination of any agency or program that has wasted Federal funds by-- (A) egregious spending; (B) mismanagement of resources and personnel; or (C) use of such funds for personal benefit or the benefit of a special interest group. (3) Outdated, irrelevant, or failed.--The Commission shall recommend the elimination of any agency or program that-- (A) has completed its intended purpose; (B) has become irrelevant; or (C) has failed to meet its objectives. (d) Systematic Assessment of Programs.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, the President shall-- (A) establish a systematic method for assessing the effectiveness and accountability of agency programs; and (B) submit, to the Commission, assessments of not less than \1/2\ of all programs covered under subsection (b)(1) that use the method established under subparagraph (A). (2) Method objectives.--The method established under paragraph (1) shall-- (A) recognize different types of federal programs; (B) assess programs based primarily on the achievement of performance goals (as defined under section 1115(f)(4) of title 31, United States Code); and (C) assess programs based in part on the adequacy of the program's performance measures, financial management, and other factors determined by the President. (3) Development.--The method established under paragraph (1) shall not be implemented until it has been reviewed and accepted by the Commission. (4) Consideration of assessments.--The Commission shall consider assessments submitted under this subsection when evaluating programs under subsection (b)(1). (e) Common Performance Measures.--Not later than 1 year after the date of enactment of this Act, the President shall identify common performance measures for programs covered in subsection (b)(1) that have similar functions and, to the extent feasible, provide the Commission with data on such performance measures. (f) Report.-- (1) In general.--Not later than 2 years after the date of enactment of this Act, the Commission shall submit to the President and Congress a report that includes-- (A) the plan described under subsection (b)(2)(A), with supporting documentation for all recommendations; and (B) the proposed legislation described under subsection (b)(2)(B). (2) Use of savings.--The proposed legislation described under subsection (b)(2)(B) shall provide that all funds saved by the implementation of the plan described under subsection (b)(2)(A) shall be used to-- (A) support other domestic programs; or (B) pay down the national debt. (3) Relocation of federal employees.--The proposed legislation under paragraph (1)(B) shall provide that if the position of an employee of an agency is eliminated as a result of the implementation of the plan under paragraph (1)(A), the affected agency shall make reasonable efforts to relocate such employee to another position within the agency or within another Federal agency. SEC. 4. POWERS OF THE COMMISSION. (a) Hearings.--The Commission or, at its direction, any subcommittee or member of the Commission, may, for the purpose of carrying out this Act-- (1) hold such hearings, sit and act at such times and places, take such testimony, receive such evidence, and administer such oaths as any member of the Commission considers advisable; (2) require, by subpoena or otherwise, the attendance and testimony of such witnesses as any member of the Commission considers advisable; and (3) require, by subpoena or otherwise, the production of such books, records, correspondence, memoranda, papers, documents, tapes, and other evidentiary materials relating to any matter under investigation by the Commission. (b) Subpoenas.-- (1) Issuance.--Subpoenas issued under subsection (a) shall bear the signature of the chairperson of the Commission and shall be served by any person or class of persons designated by the chairperson for that purpose. (2) Enforcement.--In the case of contumacy or failure to obey a subpoena issued under subsection (a), the United States district court for the judicial district in which the subpoenaed person resides, is served, or may be found, may issue an order requiring such person to appear at any designated place to testify or to produce documentary or other evidence. Any failure to obey the order of the court may be punished by the court as a contempt of that court. (c) Information From Federal Agencies.--The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out this Act. Upon request of the chairperson of the Commission, the head of such department or agency shall furnish such information to the Commission. (d) Postal Services.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. (e) Gifts.--The Commission may accept, use, and dispose of gifts or donations of services or property. SEC. 5. COMMISSION PERSONNEL MATTERS. (a) Compensation of Members.-- (1) Non-federal members.--Except as provided under subsection (b), each member of the Commission who is not an officer or employee of the Federal Government shall not be compensated. (2) Federal officers or employees.--All members of the Commission who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. (b) Travel Expenses.--The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. (c) Staff.-- (1) In general.--The chairperson of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. The employment of an executive director shall be subject to confirmation by the Commission. (2) Compensation.--Upon the approval of the chairperson, the executive director may fix the compensation of the executive director and other personnel without regard to chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the maximum rate payable for a position at GS-15 of the General Schedule under section 5332 of such title. (3) Personnel as federal employees.-- (A) In general.--The executive director and any personnel of the Commission who are employees shall be employees under section 2105 of title 5, United States Code, for purposes of chapters 63, 81, 83, 84, 85, 87, 89, and 90 of that title. (B) Members of commission.--Subparagraph (A) shall not be construed to apply to members of the Commission. (d) Detail of Government Employees.--Any Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (e) Procurement of Temporary and Intermittent Services.--The chairperson of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. SEC. 6. TERMINATION OF THE COMMISSION. The Commission shall terminate 90 days after the date on which the Commission submits the report under section 3(f). SEC. 7. CONGRESSIONAL CONSIDERATION OF REFORM PROPOSALS. (a) Definitions.--In this section: (1) Implementation bill.--The term ``implementation bill'' means only a bill which is introduced as provided under subsection (b), and contains the proposed legislation included in the report submitted to Congress under section 3, without modification. (2) Calendar day.--The term ``calendar day'' means a calendar day other than 1 on which either House is not in session because of an adjournment of more than 3 days to a date certain. (b) Introduction; Referral; and Report or Discharge.-- (1) Introduction.--On the first calendar day on which both Houses are in session, on or immediately following the date on which the report is submitted to Congress under section 3, a single implementation bill shall be introduced (by request)-- (A) in the Senate by the Majority Leader of the Senate, for himself and the Minority Leader of the Senate, or by Members of the Senate designated by the Majority Leader and Minority Leader of the Senate; and (B) in the House of Representatives by the Speaker of the House of Representatives, for himself and the Minority Leader of the House of Representatives, or by Members of the House of Representatives designated by the Speaker and Minority Leader of the House of Representatives. (2) Referral.--The implementation bills introduced under paragraph (1) shall be referred to any appropriate committee of jurisdiction in the Senate and any appropriate committee of jurisdiction in the House of Representatives. A committee to which an implementation bill is referred under this paragraph may report such bill to the respective House without amendment. (3) Report or discharge.--If a committee to which an implementation bill is referred has not reported such bill by the end of the 15th calendar day after the date of the introduction of such bill, such committee shall be immediately discharged from further consideration of such bill, and upon being reported or discharged from the committee, such bill shall be placed on the appropriate calendar. (c) Floor Consideration.-- (1) In general.--When the committee to which an implementation bill is referred has reported, or has been discharged under subsection (b)(3), it is at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) for any Member of the respective House to move to proceed to the consideration of the implementation bill, and all points of order against the implementation bill (and against consideration of the implementation bill) are waived. The motion is highly privileged in the House of Representatives and is privileged in the Senate and is not debatable. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the implementation bill is agreed to, the implementation bill shall remain the unfinished business of the respective House until disposed of. (2) Amendments.--An implementation bill may not be amended in the Senate or the House of Representatives. (3) Debate.--Debate on the implementation bill, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours, which shall be divided equally between those favoring and those opposing the resolution. A motion further to limit debate is in order and not debatable. An amendment to, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the implementation bill is not in order. A motion to reconsider the vote by which the implementation bill is agreed to or disagreed to is not in order. (4) Vote on final passage.--Immediately following the conclusion of the debate on an implementation bill, and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the appropriate House, the vote on final passage of the implementation bill shall occur. (5) Rulings of the chair on procedure.--Appeals from the decisions of the Chair relating to the application of the rules of the Senate or the House of Representatives, as the case may be, to the procedure relating to an implementation bill shall be decided without debate. (d) Coordination With Action by Other House.--If, before the passage by 1 House of an implementation bill of that House, that House receives from the other House an implementation bill, then the following procedures shall apply: (1) Nonreferral.--The implementation bill of the other House shall not be referred to a committee. (2) Vote on bill of other house.--With respect to an implementation bill of the House receiving the implementation bill-- (A) the procedure in that House shall be the same as if no implementation bill had been received from the other House; but (B) the vote on final passage shall be on the implementation bill of the other House. (e) Rules of Senate and House of Representatives.--This section is enacted by Congress-- (1) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of an implementation bill described in subsection (a), and it supersedes other rules only to the extent that it is inconsistent with such rules; and (2) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary for carrying out this Act for each of the fiscal years 2004 through 2006.

Summary: Commission on the Accountability and Review of Federal Agencies Act - Establishes the Commission on the Accountability and Review of Federal Agencies to: (1) evaluate executive agencies and their programs; and (2) submit to Congress a plan recommending agencies and programs that should be realigned or eliminated and proposing implementing legislation.Directs the President to: (1) establish a systematic method for assessing the effectiveness and accountability of agency programs; and (2) submit to the Commission assessments of not less than half of the programs that use such method. Prohibits the implementation of such method until it has been reviewed and accepted by the Commission, which shall consider such assessments submitted.Requires the President to identify common performance measures for programs having similar functions and provide the Commission with data on such measures.


SECTION 1. NATIONAL GUARD SUPPORT FOR BORDER CONTROL ACTIVITIES. (a) Operation Jump Start.-- (1) In general.--Not fewer than 6,000 National Guard personnel shall continue to be deployed along the international border between the United States and Mexico under Operation Jump Start until the date on which the Federal Government has achieved operational control of such border (as defined in section 2(b) of the Secure Fence Act of 2006 (Public Law 109- 367)). (2) Exemption.--National Guard personnel deployed pursuant to paragraph (1) shall not be included in the calculation to determine compliance with-- (A) limits on end strength; or (B) limits on the number of National Guard personal that may be placed on active duty for operational support. (b) Support Authorized.--Chapter 1 of title 32, United States Code, is amended by inserting after section 112 the following: ``Sec. 112a. Border control activities ``(a) Funding Assistance.--The Secretary of Defense may provide funds to the Governor of a State who submits to the Secretary a State border control activities plan satisfying the requirements of subsection (c). Such funds shall be used for the following: ``(1) The pay, allowances, clothing, subsistence, gratuities, travel, and related expenses, as authorized by State law, of personnel of the National Guard of that State used, while not in Federal service, for the purpose of border control activities. ``(2) The operation and maintenance of the equipment and facilities of the National Guard of that State used for the purpose of border control activities. ``(3) The procurement of services and equipment, and the leasing of equipment, for the National Guard of that State used for the purpose of border control activities. However, the use of such funds for the procurement of equipment may not exceed $5,000 per item, unless approval for procurement of equipment in excess of that amount is granted in advance by the Secretary of Defense. ``(b) Use of Personnel Performing Full-Time National Guard Duty.-- (1) Under regulations prescribed by the Secretary of Defense, personnel of the National Guard of a State may, in accordance with the State border control activities plan referred to in subsection (c), be ordered to perform full-time National Guard duty under section 502(f) of this title for the purpose of carrying out border control activities. ``(2)(A) A member of the National Guard serving on full-time National Guard duty under orders authorized under paragraph (1) shall participate in the training required under section 502(a) of this title in addition to the duty performed for the purpose authorized under that paragraph. The pay, allowances, and other benefits of the member while participating in the training shall be the same as those to which the member is entitled while performing duty for the purpose of carrying out border control activities. The member is not entitled to additional pay, allowances, or other benefits for participation in training required under section 502(a)(1) of this title. ``(B) Appropriations available for the Department of Defense for homeland defense may be used for paying costs associated with a member's participation in training described in subparagraph (A). The appropriation shall be reimbursed in full, out of appropriations available for paying those costs, for the amounts paid. Appropriations available for paying those costs shall be available for making the reimbursements. ``(C) To ensure that the use of units and personnel of the National Guard of a State pursuant to a State border control activities plan does not degrade the training and readiness of such units and personnel, the following requirements shall apply in determining the border control activities that units and personnel of the National Guard of a State may perform: ``(i) The performance of the activities may not adversely affect the quality of that training or otherwise interfere with the ability of a member or unit of the National Guard to perform the military functions of the member or unit. ``(ii) National Guard personnel will not degrade their military skills as a result of performing the activities. ``(iii) The performance of the activities will not result in a significant increase in the cost of training. ``(iv) In the case of border control activities performed by a unit organized to serve as a unit, the activities will support valid unit training requirements. ``(c) Plan Requirements.--A State border control activities plan shall-- ``(1) specify how personnel of the National Guard of that State are to be used in border control activities in support of the mission of the United States Customs and Border Protection of the Department of Homeland Security; ``(2) certify that those operations are to be conducted at a time when the personnel involved are not in Federal service; ``(3) certify that participation by National Guard personnel in those operations is service in addition to training required under section 502 of this title; ``(4) certify that any engineer-type activities (as defined by the Secretary of Defense) under the plan will be performed only by units and members of the National Guard; ``(5) include a certification by the Attorney General of the State (or, in the case of a State with no position of Attorney General, a civilian official of the State equivalent to a State attorney general) that the use of the National Guard of the State for the activities proposed under the plan is authorized by, and is consistent with, State law; and ``(6) certify that the Governor of the State or a civilian law enforcement official of the State designated by the Governor has determined that any activities included in the plan that are carried out in conjunction with Federal law enforcement agencies serve a State law enforcement purpose. ``(d) Examination of Plan.--Before funds are provided to the Governor of a State under this section and before members of the National Guard of that State are ordered to full-time National Guard duty as authorized in subsection (b), the Secretary of Defense shall, in consultation with the Secretary of Homeland Security, examine the adequacy of the plan submitted by the Governor under subsection (c). The plan as approved by the Secretary of Defense may provide for the use of personnel and equipment of the National Guard of that State to assist United States Customs and Border Protection in the transportation of aliens who have violated a Federal immigration law. ``(e) End Strength Limitation.--(1) Except as provided in paragraphs (2) and (3), at the end of a fiscal year there may not be more than 6,000 members of the National Guard-- ``(A) on full-time National Guard duty under section 502(f) of this title to perform border control activities pursuant to an order to duty; or ``(B) on duty under State authority to perform border control activities pursuant to an order to duty with State pay and allowances being reimbursed with funds provided under subsection (a)(1). ``(2) The Secretary of Defense may increase the end strength authorized under paragraph (1) by not more than 20 percent for any fiscal year if the Secretary determines that such an increase is necessary in the national security interests of the United States. ``(3) National Guard personnel deployed pursuant to paragraph (1) shall not be included in the calculation to determine compliance with-- ``(A) limits on end strength; or ``(B) limits on the number of National Guard personal that may be placed on active duty for operational support. ``(f) Annual Report.--The Secretary of Defense shall submit to Congress an annual report regarding assistance provided and activities carried out under this section during the preceding fiscal year. The report shall include the following: ``(1) The number of members of the National Guard excluded under subsection (e) from the computation of end strengths. ``(2) A description of the border control activities conducted under State border control activities plans referred to in subsection (c) with funds provided under this section. ``(3) An accounting of the amount of funds provided to each State. ``(4) A description of the effect on military training and readiness of using units and personnel of the National Guard to perform activities under the State border control activities plans. ``(g) Statutory Construction.--Nothing in this section shall be construed as a limitation on the authority of any unit of the National Guard of a State, when such unit is not in Federal service, to perform law enforcement functions authorized to be performed by the National Guard by the laws of the State concerned. ``(h) Definitions.--In this section: ``(1) The term `border control activities', with respect to the National Guard of a State, means the use of National Guard personnel in border control activities authorized by the law of the State and requested by the Governor of the State in support of the mission of the United States Customs and Border Protection of the Department of Homeland Security, including activities as follows: ``(A) Construction of roads, fences, and vehicle barriers. ``(B) Search and rescue operations. ``(C) Intelligence gathering, surveillance, and reconnaissance. ``(D) Communications and information technology support. ``(E) Installation and operation of cameras. ``(F) Repair and maintenance of infrastructure. ``(G) Administrative support. ``(H) Aviation support, including maintenance. ``(I) Logistics support. ``(2) The term `Governor of a State' means, in the case of the District of Columbia, the Commanding General of the National Guard of the District of Columbia. ``(3) The term `State' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or possession of the United States.''. (c) Clerical Amendment.--The table of sections at the beginning of chapter 1 of such title is amended by inserting after the item relating to section 112 the following: ``112a. Border control activities.''.

Summary: Provides for continued National Guard support for border control activities along the U.S.- Mexico border under Operation Jump Start until operational control of such border has been achieved. Authorizes the Secretary of Defense to provide funding to a state that submits to the Secretary of State a state border control activities plan that meets certain requirements. Limits the number of National Guard that may be so deployed.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Bereaved Consumer's Bill of Rights Act of 2010''. SEC. 2. FINDINGS. Congress finds that-- (1) there have been shocking consumer abuses in the funeral industry, including scandals at Burr Oak Cemetery in Alsip, Illinois, Menorah Gardens Cemetery in Palm Beach, Florida, and the Tri State Crematory in Noble, Georgia; (2) funeral arrangements are a major expense for most American households and families; (3) some consumers seek to ease the burdens on their families by arranging and paying for pre-need funeral and cemetery arrangements; (4) most funerals are planned by grieving family members at a time when they are especially vulnerable and unlikely to focus on cost comparison; (5) the Federal Trade Commission's Funeral Industry Practices Trade Regulation Rule (known as the Funeral Rule) dictates consumer protections in the funeral home, but does not cover the practices of cemeteries, crematoria, or sellers of monuments, urns, or caskets; (6) State laws are inconsistent and frequently too weak to provide adequate consumer protections, creating a need for minimum federal standards in this area; (7) consumers have the right to receive clear and accurate information about all funeral goods and services offered for sale; (8) consumers need effective protection from fraud and abusive practices by all providers of funeral goods and services and at all stages of the funeral planning process; and (9) a new Federal law that provides adequate protections to grieving families is warranted. SEC. 3. FTC RULEMAKING RELATING TO UNFAIR OR DECEPTIVE ACTS OR PRACTICES IN THE PROVISION OF FUNERAL GOODS OR SERVICES. (a) In General.--The Federal Trade Commission shall prescribe rules prohibiting unfair or deceptive acts or practices in the provision of funeral goods or services. Such rules shall include the following: (1) A requirement that providers of funeral goods or funeral services furnish accurate price information disclosing clearly and conspicuously the cost to the purchaser for each of the specific funeral goods or funeral services provided or offered for sale. (2) A prohibition on misrepresentations by such providers, including misrepresentations of the requirements of Federal, State, or local law. (3) A prohibition on conditioning the provision of any funeral good or funeral service upon the purchase of any other funeral good or funeral service from that provider, except as required by law. (4) A requirement that any presale disclosures and contracts for funeral services or funeral goods be written clearly, stating the merchandise and services that purchasers are buying and their prices. (5) In the case of contracts for funeral services or funeral goods that are pre-paid in whole or in part, a requirement for clear and conspicuous presale and contractual disclosure regarding any penalties incurred if the consumer decides to cancel or transfer the contract to another provider of funeral services or funeral goods. (6) A requirement that contracts for funeral services or funeral goods disclose clearly and conspicuously all fees and costs to be incurred in the future or at the time that the funeral services or funeral goods are provided. (7) A requirement that cemeteries provide to consumers, in a timely manner, all written rules and regulations of the cemetery, and a clear explanation in writing of the interment, inurnment, or entombment right that has been purchased, and any material terms and conditions of that purchase, including any repurchase option by the cemetery or resale rights available to the consumer. (8) A requirement that cemeteries-- (A) retain all records in existence on the date of enactment of this Act, including maps or other systems indicating the location and date of each interment, inurnment, or entombment; (B) accurately record and retain records of all interments, inurnments, or entombments occurring, as well as any internment, inurnment, or entombment rights sold, after the effective date of the regulations issued under this subsection, in such manner and form as the Commission may prescribe in such regulations; and (C) make such records available to Federal, State, and local governments, as appropriate. (b) Rulemaking.--The Commission shall prescribe the rules under subsection (a) within 1 year after the date of enactment of this Act. Such rules, and any future rules or revision of rules prescribed by the Commission prohibiting unfair or deceptive acts or practices in the provision of funeral goods or services, shall be prescribed in accordance with section 553 of title 5, United States Code. (c) Application of Rules to Tax Exempt Organizations and States.-- Notwithstanding the definition of corporation in section 4 of the Federal Trade Commission Act (15 U.S.C. 44), the rules prescribed under subsection (a), and any future rules or revision of rules prescribed by the Commission prohibiting unfair or deceptive acts or practices in the provision of funeral goods or funeral services, shall also apply to cemeteries organized or operated by-- (1) organizations described in section 501(c) of the Internal Revenue Code of 1986 that are exempt from taxation under section 501(a) of such Code, except for cemeteries organized, operated, managed, and owned by a religious denomination, middle judicatory, house of worship, or similar religious organization, and that are not organized, operated, managed, or owned by contract or affiliation with a for-profit provider of funeral goods or services that offers those goods and services for sale to the public; and (2) States or any political subdivision of a State. (d) Enforcement.--Any violation of any rule prescribed under this section shall be treated as a violation of a regulation prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts or practices. The Federal Trade Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction as though all applicable terms and provisions of the Federal Trade Commission Act were incorporated into and made a part of this Act. Any person who violates the regulations prescribed under this Act shall be subject to the penalties and entitled to the privileges and immunities provided in that Act. SEC. 4. ENFORCEMENT BY STATES. (a) In General.--Whenever an attorney general of any State has reason to believe that the interests of the residents of that State have been or are being threatened or adversely affected because any person has engaged or is engaging in an act or practice which violates any rule of the Commission issued under section 3 of this Act or the Trade Regulation Rule on Funeral Industry Practices (16 C.F.R. 453.1 et seq.), the State, as parens patriae, may bring a civil action on behalf of its residents in an appropriate district court of the United States to enjoin such violative act or practice, to enforce compliance with such rule of the Commission, to obtain damages, restitution, or other compensation on behalf of residents of such State, or to obtain such further and other relief as the court may determine appropriate. (b) Notice.--The State shall provide prior written notice of any civil action under subsection (a) or (f)(2) to the Commission and provide the Commission with a copy of its complaint, except that if it is not feasible for the State to provide such prior notice, the State shall provide such notice immediately upon instituting such action. Upon receiving a notice respecting a civil action, the Commission shall have the right-- (1) to intervene in such action; (2) upon so intervening, to be heard on all matters arising therein; (3) to remove the action to the appropriate United States district court; and (4) to file petitions for appeal. (c) Construction.--For purposes of bringing any civil action under subsection (a), nothing in this Act shall prevent an attorney general from exercising the powers conferred on the attorney general by the laws of such State to conduct investigations or to administer oaths or affirmations or to compel the attendance of witnesses or the production of documentary and other evidence. (d) Actions by Commission.--Whenever a civil action has been instituted by or on behalf of the Commission for violation of any rule prescribed under section 3 of this Act, no State may, during the pendency of such action instituted by or on behalf of the Commission, institute a civil action under subsection (a) or (f)(2) of this section against any defendant named in the complaint in such action for violation of any rule as alleged in such complaint. (e) Venue; Service of Process.--Any civil action brought under subsection (a) of this section in a district court of the United States may be brought in the district in which the defendant is found, is an inhabitant, or transacts business or wherever venue is proper under section 1391 of title 28, United States Code. Process in such an action may be served in any district in which the defendant is an inhabitant or in which the defendant may be found. (f) Actions by Other State Officials.-- (1) Construction.--Nothing contained in this section shall prohibit an authorized State official from proceeding in State court on the basis of an alleged violation of any civil or criminal statute of such State. (2) Other state actions.--In addition to actions brought by an attorney general of a State under subsection (a) of this section, such an action may be brought by officers of such State who are authorized by the State to bring actions in such State on behalf of its residents. SEC. 5. EFFECT ON OTHER LAW. Nothing in this Act or the rules prescribed under this Act shall be construed to preempt any provision of any law of a State or political subdivision of that State that provides protections to consumers of funeral services or funeral goods, except to the extent that the provision of law is inconsistent with any provision of this Act or a rule prescribed under this Act, and then only to the extent of the inconsistency. SEC. 6. DEFINITIONS. In this Act-- (1) the term ``cemetery'' means any organization, association or other business that offers for sale the interment, inurnment, or entombment of human remains, but does not include any cemetery that-- (A) performs fewer than 25 interments, inurnments, and entombments during any calendar year; or (B) sells fewer than 25 interment, inurnment, or entombment rights during any calendar year; (2) the term ``funeral goods'' are the goods which are sold or offered for sale directly to the public for use in connection with funeral services; and (3) the term ``funeral services'' means-- (A) any services which are sold or offered for sale to the public in order to-- (i) care for and prepare deceased human bodies for burial, cremation, or other final disposition; or (ii) arrange, supervise, or conduct the funeral ceremony or the final disposition of deceased human bodies; or (B) services provided by funeral directors, morticians, cemeterians, cremationists, and retailers of caskets, urns, monuments, and markers.

Summary: Bereaved Consumer's Bill of Rights Act of 2010 - Directs the Federal Trade Commission (FTC) to prescribe rules prohibiting unfair or deceptive acts or practices in the provision of funeral goods or services. Includes among such rules: (1) a requirement that price information be disclosed clearly and conspicuously; (2) a prohibition on misrepresentations or conditioning the provision of goods or services upon the purchase of other goods or services from the provider; (3) a requirement that any presale disclosures and contracts are written clearly, stating the merchandise, services, and prices and disclosing any penalties for canceling or transferring a contract; (4) a requirement that cemeteries provide to consumers all written rules and regulations of the cemetery and all material terms and conditions of purchase; and (5) a requirement that cemeteries retain all records in existence on the date of enactment of this Act and accurately record and retain records of interments, inurnments, or entombments. Applies such rules to states or political subdivisions and tax-exempt organizations. Excludes cemeteries organized, operated, managed, and owned by a religious organization and that are not affiliated with a for-profit provider offering funeral goods and services for sale to the public. Gives standing to states to bring a civil action for violations of this Act.