SECTION 1. SHORT TITLE. This Act may be cited as the ``Help Organ Procurement Expand Act of 2001''. SEC. 2. FINDINGS. The Congress finds that-- (1) 13 people die every day waiting for a life-saving transplant operation; (2) over 67,000 people are currently waiting for a transplant operation--including over 44,000 kidney patients, 14,000 liver patients, 4,000 lung patients, and 800 pancreas patients; (3) every 14 minutes, a new name is added to the national transplant waiting list; (4) between 10,000 and 12,000 people die annually who are considered medically suitable for organ donation, yet only an estimated 5,200 people donate their organs every year; (5) one donor can help more than 50 people in need of an organ; (6) current programs designed to expand the number of available organs do not contain any economic awards or incentives for patients to become organ donors; and (7) current debates in Congress and in the Administration have unfortunately focused on the way organs ought to be allocated, rather than addressing the root cause of the problem, which is a lack of available transplant organs. SEC. 3. CREDIT FOR ORGAN DONATION. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after section 25A the following new section: ``SEC. 25B. ORGAN DONATION. ``(a) Allowance of Credit.--In the case of a qualified person, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year with respect to all qualified organ donations an amount equal to $2,500. ``(b) Qualified Organ Donation.-- ``(1) In general.--For purposes of this section, the term `qualified organ donation' means the donation of a kidney, liver, heart, pancreas, pancreas islet cells, lung, or intestine. ``(2) Exceptions.--The term `qualified organ donation' shall not include the donation of an organ under any of the following circumstances: ``(A) The donor has been killed with assistance from a physician. ``(B) The otherwise eligible individual has authorized the withdrawal or denial of life sustaining medical treatment of the donor. ``(C) The otherwise eligible individual medically conducted or assisted in the operation to recover the organ. ``(D) The organs to be donated come from an unborn child or human fetus that was aborted. ``(E) The donor has committed suicide. ``(F) Legal consent failed to be obtained from the donor or their family prior to the organ recovery. ``(G) The otherwise eligible individual has been indicted or convicted of a felony or a misdemeanor offense against the donor, or is actively under criminal investigation for the possible felony offense against the donor. ``(H) In the case of living donors, the decision to donate the organ, in the judgment of the donor's attending physicians, would subject the donor to unacceptable levels of medical risk of death or permanent debilitation. ``(c) Qualified Person.--For purposes of this section, the term `qualified person' means-- ``(1) in the case of a live organ donor, the organ donor himself, and ``(2) in the case of a deceased organ donor-- ``(A) the beneficiary designated for purposes of this section, ``(B) the estate in the case the deceased organ donor died testate but without designating a beneficiary for the purposes of this section, or ``(C) the class of beneficiaries designated under State law in the case that the deceased organ donor died intestate. ``(d) Allocation of Credit Amount Among Beneficiaries.--In the case that more than 1 person is a beneficiary under subsection (c), the amount allowed under subsection (a) shall be divided among each of the beneficiaries on a pro rata basis unless-- ``(1) the will of the deceased organ donor provides for a different allocation, or ``(2) the beneficiaries agree to a different allocation. ``(e) Carryforwards of Unused Credit.--If the credit allowable under subsection (a) for any taxable year exceeds the limitation imposed by section 26(a) for such taxable year reduced by the sum of the credits allowable under this subpart (other than this section, section 23, and section 1400C), such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such taxable year. For purposes of the preceding sentence, credits shall be treated as used on a first-in first-out basis.''. (b) Clerical Amendment.--The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 25A the following new item: ``Sec. 25B. Organ donation.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act.

Summary: Help Organ Procurement Expand Act of 2001 - Amends the Internal Revenue Code to allow a $2,500 tax credit for qualified organ donations.


SECTION 1. SHORT TITLE. This Act may be cited as the ``E-Mail User Protection Act of 1998''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The Internet has become a critical mode of global communication and now presents unprecedented opportunities for the development and growth of global commerce and an integrated worldwide economy. (2) The receipt of unsolicited commercial e-mail may result in undue monetary costs to recipients who cannot refuse to accept such mail and who incur costs for the storage of such mail, or for the time spent accessing, reviewing, and discarding such mail, or for both. (3) An increasing number of senders of unsolicited commercial e-mail purposefully disguise the source of such mail so as to prevent recipients from responding to such mail quickly and easily. (4) Because recipients of unsolicited commercial e-mail that does not provide a return address are unable to avoid the receipt of such mail through reasonable means, such mail may threaten the privacy of recipients. (5) By providing remedies similar to those provided with respect to unsolicited facsimile transmissions and automated dialing equipment in the Telephone Consumer Protection Act of 1991, the Congress can provide privacy protections without infringing important Constitutional rights or imperiling the commercial development of the Internet. SEC. 3. RESTRICTIONS ON THE USE OF UNSOLICITED COMMERCIAL E-MAIL. Part 1 of title II of the Communications Act of 1934 is amended by inserting after section 230 (47 U.S.C. 230) the following new section: ``SEC. 231. RESTRICTIONS ON THE USE OF UNSOLICITED COMMERCIAL E-MAIL. ``(a) Violations Directed at Interactive Computer Services.-- ``(1) For purposes of this subsection, a violation is defined as each initiation of a transmission without regard to the number of electronic mail addresses to which the transmission is sent. ``(2) It shall be a violation of this Act, punishable under subsection (c)(1), for any person-- ``(A) to intentionally initiate the transmission of an unsolicited commercial e-mail message from an unregistered or fictitious Internet domain, or an unregistered or fictitious electronic mail address, for the purpose of-- ``(i) preventing replies to such message through the use of standard reply mechanisms in the recipient's electronic mail system, or ``(ii) preventing receipt of standard notices of non-delivery; ``(B) to intentionally use or distribute a computer program or other technical mechanism or procedure intending to disguise the source of unsolicited commercial e-mail messages or to disable or circumvent a mail filtering tool; ``(C) to intentionally distribute, through computer software or in any other manner, a collection or list of electronic mail addresses knowing that the collection or list contains addresses of persons who have previously requested removal from the list; ``(D) to intentionally register, create, or cause to be created an Internet domain under false pretenses or to apply for, register, or otherwise obtain the use of an Internet electronic mail account for the sole or primary purpose of disguising the source of unsolicited electronic mail messages; ``(E) to direct an unsolicited commercial e-mail message through the server of an interactive computer service provider to one or more subscribers of the interactive computer service, knowing or having reason to know that such action is in contravention of the rules of the interactive computer service with respect to unsolicited commercial e-mail messages; ``(F) knowing or having reason to know that such action is in contravention of the rules of an interactive computer service, to access the server of such interactive computer service and to use a computer program to collect electronic mail addresses of subscribers of the interactive computer service for the purpose of sending such subscribers unsolicited commercial e-mail or selling or distributing the list thereby collected or obtained. ``(b) Violations Directed at Individuals.-- ``(1) For purposes of this subsection, a violation is defined as each electronic mail address which receives a transmission. ``(2) It shall be a violation of this Act, punishable under subsection (c)(2), for any person-- ``(A) to fail to comply with the request of the recipient of an electronic mail message, made to the sender or mailing list manager, as appropriate, to cease sending electronic messages to the recipient in the future; or ``(B) to initiate the transmission of an unsolicited commercial e-mail message to a recipient despite having been given prior notice (either directly or through a standard method developed, adopted, or modified by an Internet standard setting organization, such as the Internet Engineering Task Force, to better facilitate pre-emptive consumer control over unsolicited, commercial e-mail) that the recipient does not wish to receive such messages. ``(c) Liability for Violations.--Any person or entity who violates any provision of subsection (a) or (b) shall be liable to any injured party for such relief as is set out below. ``(1) Relief for interactive computer services.--In an action under this section for violation of subsection (a), relief may include-- ``(A) such preliminary and other equitable or declaratory relief as may be appropriate; ``(B) for actual monetary loss from a violation, statutory damages of not more than $10,000 for each violation, and, if the court finds that the defendant's actions were particularly egregious, willful, or knowing, the court may, in its discretion, increase the amount of an award to an amount equal to not more than 10 times the amount available hereunder, and ``(C) reasonable attorneys' fees and other litigation costs reasonably incurred. ``(2) Relief for individuals.-- ``(A) In an action under this section for violation of subsection (b), relief shall be sought in an action brought by the attorney general of one or more states. ``(B) Whenever the attorney general of a State, or an official or agency designated by a State, has reason to believe that any person has engaged or is engaging in a pattern or practice of transmitting unsolicited commercial e-mail to residents of that State in violation of this section or the regulations prescribed under this section, the State may bring a civil action on behalf of its residents for such relief as may be appropriate. ``(C) In an action under this subsection, appropriate relief includes-- ``(i) an injunction or such preliminary and other equitable or declaratory relief as may be appropriate; ``(ii) an action to recover statutory $500 in damages for each violation; or ``(iii) both such actions. ``(D) If the court finds the defendant's actions were particularly egregious, willful, or knowing, the court may, in its discretion, increase the amount of the award to an amount equal to not more than ten times the amount available in (C). ``(E) reasonable attorneys' fees and other litigation costs reasonably occurred. ``(d) State Law.--Nothing in this Act shall be construed to prevent any State from enforcing any State law that is consistent with this Act. No cause of action may be brought and no liability may be imposed under any State or local law that is inconsistent with this Act. ``(e) Definitions.--In this Act: ``(1) Electronic mail address.-- ``(A) In general.--The term `electronic mail address' means a destination (commonly expressed as a string of characters) to which electronic mail can be sent or delivered. ``(B) Inclusion.--In the case of the Internet, the term `electronic mail address' may include an electronic mail address consisting of a user name of mailbox (commonly referred to as the `local part') and a reference to an Internet domain (commonly referred to as the `domain part'). ``(2) Initiates the transmission.--The term `initiates the transmission', in the case of an electronic mail message, refers to the action of the original sender of the message and not to any intervening computer service that may handle or retransmit the message, unless the intervening computer service retransmits the message with an intent to engage in activities prohibited by this Act. ``(3) Interactive computer service.--The term `interactive computer service' has the meaning given that term in section 230(c)(2) of the Communications Act of 1934 (47 U.S.C. 230(e)(2)). ``(4) Internet.--The term `Internet' has the meaning given that term in section 230(c)(1) of the Communications Act of 1934 (47 U.S.C. 230(c)(1)). ``(5) Internet domain.--The term `Internet domain' refers to a specific computer system (commonly referred to as a `host') or collection of computer systems attached to or able to be referenced from the Internet which are assigned a specific reference point on the Internet (commonly referred to as the `Internet domain name') and registered with an organization recognized by the computer industry as a registrant of Internet domains. ``(6) Mailing list.--The term `mailing list' refers to a computer program that provides electronic mailing list management functions, including functions that allow individuals to subscribe and unsubscribe to and from electronic mailing lists. ``(7) Mail filtering tool.--The term `mail filtering tool' means any computer program, procedure, or mechanism used by an individual recipient or interactive computer service to block, return, reroute, or otherwise screen or sort incoming electronic mail messages. ``(8) Servers.--The term `server' refers to any computer or program that provides support or services of any kind, including electronic mailboxes, to other computers. ``(9) Unsolicited commercial e-mail message.--The term `unsolicited commercial e-mail message' means any electronic mail other than-- ``(A) electronic mail sent by persons to recipients with whom they have a direct or indirect relationship, including a prior business relationship; or ``(B) mail sent by a source to a recipient where such recipient, or someone authorized by him, has at any time affirmatively requested communications from that source.''. SEC. 4. EFFECTIVE DATE. The provisions of this Act shall take effect 45 days after the date of enactment of this Act.

Summary: E-Mail User Protection Act of 1998 - Amends the Communications Act of 1934 to prohibit any person from: (1) intentionally soliciting the transmission of unsolicited commercial e-mail from an unregistered or fictitious Internet domain or e-mail address in order to prevent reply through standard reply mechanisms; (2) intentionally using or distributing a computer program or other mechanism or procedure to disguise the source of unsolicited commercial e-mail; (3) intentionally distributing a collection or list of e-mail addresses knowing that persons on such list have previously requested removal from the list; (4) intentionally registering or creating an Internet e-mail account for the sole or primary purpose of disguising the source of unsolicited e-mail messages; (5) directing an unsolicited commercial e-mail message to subscribers of an interactive computer service (service), knowing such to be in contravention to the rules of such service with respect to unsolicited commercial e-mail messages; or (6) accessing the server of a service and using a computer program to collect e-mail addresses of service subscribers in order to send such subscribers unsolicited commercial e-mail or to sell or distribute a list of such subscribers. Considers each transmission received by an individual to be a separate violation for purposes of this Act. Provides appropriate relief for both individuals and service providers. Authorizes a State, through its Attorney General, to bring an action on behalf of its residents for appropriate relief.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Unemployment Compensation, Reemployment, and Fairness Act of 1993''. SEC. 2. INDIVIDUALS IN SELF-EMPLOYMENT PROGRAMS. (a) In General.--Section 3304(a)(8) of the Internal Revenue Code of 1986 (relating to requirements) is amended by striking ``compensation'' and inserting ``(A) compensation'', by striking the semicolon and inserting ``; and'', and by adding at the end thereof the following new subparagraph: ``(B) if the State elects to participate, compensation shall not be denied or reduced to any individual for any week because such individual is participating in a qualified self-employment program (as defined in section 3306(t)) with the approval of the State agency (or because of the application, to any such week in such program, of State law provisions relating to availability for work, active search for work, or refusal to accept work);''. (b) Definition.--Section 3306 of such Code (relating to definitions) is amended by adding at the end thereof the following new subsection: ``(t) Qualified Self-Employment Program.--For purposes of this chapter, the term `qualified self-employment program' means a program which-- ``(1) meets the requirements established by the Secretary of Labor, including requirements for State agencies to determine what constitutes a good prospect for successful, permanent self-employment, ``(2) is approved by the State agency, and ``(3) provides training for individuals attempting to become self-employed.''. (c) Effective Date.--The amendments made by this section shall apply to compensation paid for weeks beginning on or after January 1, 1993. SEC. 3. EARLY REEMPLOYMENT REVIEW OF UNEMPLOYED WORKERS. (a) In General.--Section 303 of the Social Security Act (42 U.S.C. 503) is amended by adding at the end thereof the following new subsection: ``(j)(1) The State agency charged with the administration of the State law-- ``(A) shall, not later than the last day of the 5th week for which compensation is payable in an unemployed individual's benefit year, provide an early review of the individual's reemployment prospects, to the extent the State agency determines effective, ``(B) shall, to the extent the State agency determines effective, provide reemployment review information to other State employment and training program staff, including staff of State job services and service delivery areas (as described in section 101 of the Job Training Partnership Act), ``(C) shall, to the extent the State agency determines effective, provide job search and placement services, counseling, testing, occupational and labor market information, assessment, and referral to employers, ``(D) shall provide technical and training program staff to assist with reemployment services, ``(E) shall provide followup evaluation and assistance to individuals participating in reemployment activities, and ``(F) may provide reemployment reviews and, to the extent the State agency determines effective, reemployment services for workers who have received notice of permanent layoff or impending layoff, or workers in occupations which are experiencing limited demand due to technological change, impact of imports, or plant closures. ``(2) The Secretary of Labor shall prescribe such regulations as are necessary to carry out the provisions of this subsection, including regulations-- ``(A) to carry out the provisions of subparagraphs (A) and (B) of paragraph (1), ``(B) to determine whether an individual should be considered temporarily or permanently laid off, and ``(C) to assist States in examining the use of computer technology to achieve the purposes of this subsection.''. (b) Effective Date.--The amendment made by this section shall take effect on the date that is 90 days after the date of the enactment of this Act. SEC. 4. HEARINGS FOR EMPLOYERS. (a) In General.--Section 303(a)(3) of the Social Security Act (42 U.S.C. 503(a)(3)) is amended by inserting ``and for all taxpayers with respect to liability to make contributions, and to pay amounts, under the unemployment compensation law of the State'' before the semicolon. (b) Regulations.--The Secretary of Labor may prescribe such regulations as the Secretary deems necessary to carry out the amendment made by subsection (a) to section 303(a)(3) of the Social Security Act. (c) Effective Date.--The amendment made by this section shall take effect on the date that is 90 days after the date of the enactment of this Act.

Summary: Unemployment Compensation, Reemployment, and Fairness Act of 1993 - Amends the Internal Revenue Code to allow States to pay unemployment benefits to eligible individuals while they participate in qualified self-employment training programs. Amends the Social Security Act to require the State agency administering unemployment compensation to provide: (1) early reemployment review of unemployed workers; (2) technical and training program staff to assist with reemployment services; and (3) followup reevaluation and assistance to individuals participating in reemployment activities. Requires such agency to provide: (1) reemployment review information to other State employment and training program staff; and (2) job search and placement services, counseling, testing, occupational and labor market information, assessment, and referral to employers. Allows such agency to provide reemployment reviews and services for workers who have received notice of permanent layoff or impending layoff, or workers in occupations experiencing limited demand due to technological change, impact of imports, or plant closures. Amends the Social Security Act to require States to grant administrative hearings for employers with respect to their liability for paying unemployment taxes. Outlines the Secretary of Labor's administrative responsibilities under this Act.


SECTION 1. CDFI SMALL DOLLAR LOAN-LOSS GUARANTEE FUND. The Community Development Banking and Financial Institutions Act of 1994 (12 U.S.C. 4701 et seq.) is amended by adding at the end the following: ``SEC. 122. CDFI SMALL DOLLAR LOAN-LOSS GUARANTEE FUND. ``(a) Purpose.--The purpose of this section are to establish a small dollar loan-loss guarantee fund to-- ``(1) serve as a loss reserve for qualifying loans to consumers offered by eligible financial institutions; ``(2) increase the number of qualifying loan products offered to consumers by such institutions; and ``(3) increase consumer access to mainstream financial institutions and provide consumers with alternative choices to pay day loans. ``(b) Definitions.--For purposes of this section, the following definitions shall apply: ``(1) Consumer reporting agency that compiles and maintains files on consumers on a nationwide basis.--The term `consumer reporting agency that compiles and maintains files on consumers on a nationwide basis' has the same meaning given such term in section 603(p) of the Fair Credit Reporting Act (15 U.S.C. 1681a(p)). ``(2) Eligible financial institution.--The term `eligible financial institution' means-- ``(A) any community development financial institution, provided that if such institution is subject to examination under the Community Reinvestment Act of 1977, that such institution received a satisfactory or an outstanding rating in meeting the needs of the community as part of its last examination under such Act; and ``(B) any other entity, organization, or institution whose primary mission is to serve low- to moderate-income individuals, as determined appropriate by the Administrator. ``(3) Fund.--The term `Fund' means the CDFI Small Dollar Loan-Loss Guarantee Fund established under subsection (c). ``(4) Qualifying loan.--The term `qualifying loan' means a loan that satisfies the following requirements: ``(A) The loan is made to a consumer by an eligible financial institution. ``(B) The loan is made in an amount not exceeding $2,500. ``(C) The loan-- ``(i) has a repayment period of at least 60 days; ``(ii) is repaid in installments, and such installment payments result in the reduction in the principle balance owed on the loan; ``(iii) has an annual percentage rate that the Administrator determines to be acceptable through the application process for the purposes of this section, but in no event shall such annual percentage rate exceed 36 percent; and ``(iv) has no pre-payment penalty. ``(D) At the time of origination of the loan, the eligible financial institution that made the loan offered the consumer information. ``(E) The eligible financial institution making the loan reports payments regarding the loan to at least 1 of the consumer reporting agencies that compiles and maintains files on consumers on a nationwide basis. ``(c) Establishment.-- ``(1) In general.--There is established a CDFI Small Dollar Loan-Loss Guarantee Fund, which shall be used by the Administrator to defray the cost of losses on qualifying loans to consumers made by eligible financial institutions. ``(2) Use of fund amounts.-- ``(A) Reimbursement.--From amounts available in the Fund, the Administrator may provide reimbursement of a qualifying loan loss that is up to 60 percent of the loss on the qualifying loan to an eligible financial institution that has submitted an application pursuant to the requirements of subparagraph (B). The Administrator shall take into consideration the overall default rates of the qualifying loan portfolio in an eligible financial institution when determining the reimbursement rate of loan loss. ``(B) Application.--In order to receive any amounts from the Fund under this section, each eligible financial institution shall submit an application at such time, in, such form, and with such information and assurances as the Administrator may require. ``(3) Deposits.-- ``(A) In general.--The Fund shall consist of-- ``(i) any amounts deposited pursuant to subsection (d)(4); ``(ii) any amounts borrowed pursuant to subsection (e); ``(iii) a portion, as determined by the Administrator, of the proceeds of fees collected by an eligible financial institution for the origination of the qualifying loans to consumers; and ``(iv) any amounts transferred, credited, donated, or bequeathed to the Fund by any individual, foundation, corporation, or other legal entity. ``(B) Solvency of fund.--In making the determination required under subparagraph (A), the Administrator shall give priority consideration to that amount that would best protect and ensure the solvency of the Fund. ``(C) Investment authority.--Funds that are not otherwise distributed by the Fund to eligible financial institutions for reimbursement of qualifying loan losses shall be invested in obligations of the United States or in obligations guaranteed as principle and interest by the United States. ``(d) Authorization of Appropriations.-- ``(1) In general.--There are authorized to be appropriated for each fiscal year such sums as are necessary to carry out this section. ``(2) Administrative costs.--From amounts made available under this section, the Administrator may reserve not more than 10 percent for administrative costs. ``(3) Technical assistance grants.--Amounts made available under this section may be used to make technical assistance grants to applicants to develop and support a small dollar loan program. Any technical assistance grants made under this paragraph shall be made in accordance with subsections (b), (c), and (d) of section 108, provided that the Administrator may waive the requirements of subsection (e) of such section 108 with respect to such grants. ``(4) Deposit into fund.--Amounts made available under this section may be deposited into the CDFI Small Dollar Loan-Loss Guarantee Fund established under this section. ``(e) Borrowing Authority.--The Administrator is authorized to borrow from the Treasury, and the Secretary of the Treasury is authorized and directed to loan to the Administrator on such terms as may be fixed by the Administrator and the Secretary, such funds as in the judgment of the Administrator are from time to time required to maintain the solvency of the Fund, not exceeding in the aggregate $75,000,000 outstanding at any one time, subject to the approval of the Secretary of the Treasury: Provided, That the rate of interest to be charged in connection with any loan made pursuant to this subsection shall not be less than an amount determined by the Secretary of the Treasury, taking into consideration current market yields on outstanding marketable obligations of the United States of comparable maturity. For such purpose the Secretary of the Treasury is authorized to use as a public-debt transaction the proceeds of the sale of any securities hereafter issued under the Second Liberty Bond Act, as amended, and the purposes for which securities may be issued under the Second Liberty Bond Act, as amended, are extended to include such loans. Any such loan shall be used by the Administrator solely in carrying out its functions with respect to the Fund. All loans and repayments under this subsection shall be treated as public-debt transactions of the United States. The Administrator may employ any amounts obtained under this subsection for purposes of the Fund and the borrowing shall become a liability of the Fund to the extent funds are employed therefor. ``(f) Report to Congress.--Not later than 1 year after the CDFI Small Dollar Loan-Loss Guarantee Fund makes its first reimbursement to an eligible financial institution, and every year thereafter, the Administrator shall submit to the Banking, Housing, and Urban Affairs Committee of the Senate, the Financial Services Committee of the House of Representatives, and the Committee on Appropriations of both the Senate and the House of Representatives a report describing-- ``(1) the activities of the Fund, including the cumulative volume and amounts of loan reimbursements that have been distributed from the Fund during the prior 12 months; ``(2) the solvency of the Fund; ``(3) the default rate of qualifying loans; and ``(4) any measurable results, as appropriate and available, related to the achievement of the purposes of this section as such purposes are set forth under subsection (a).''.

Summary: Amends the Community Development Banking and Financial Institutions Act of 1994 to establish the Community Development Financial Institutions (CDFI) Small Dollar Loan-Loss Guarantee Fund to defray the cost of losses on specified qualifying consumer loans (not exceeding $2500) made by certain CDFIs and institutions whose primary mission is to serve low- to moderate-income individuals. Authorizes appropriations to implement the program and to provide technical assistance grants to applicants to develop and support a small dollar loan program. Authorizes the Administrator of the CFDI Fund to borrow from the Treasury as necessary to maintain Fund solvency.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Responsible Debt Relief and Democracy Reform Act''. SEC. 2. ADDITIONAL REQUIREMENTS FOR CANCELLATION OR REDUCTION OF DEBT OWED TO THE UNITED STATES. The Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is amended by adding at the end the following: ``PART VI--ADDITIONAL REQUIREMENTS FOR CANCELLATION OR REDUCTION OF DEBT OWED TO THE UNITED STATES ``SEC. 901. CANCELLATION OR REDUCTION OF DEBT. ``Beginning on and after the date of the enactment of this part, the President may cancel or reduce amounts owed to the United States (or any agency of the United States) by foreign countries as a result of concessional or nonconcessional loans made, guarantees issued, or credits extended under any other provision of law only if, in addition to the requirements contained under the applicable provisions of law providing authority for the debt cancellation or reduction, the requirements contained in section 902 are satisfied. ``SEC. 902. ADDITIONAL REQUIREMENTS. ``(a) In General.--A foreign country shall be eligible for cancellation or reduction of debt under any other provision of law only if the government of the country-- ``(1) ensures freedom of the press; ``(2) ensures freedom of association; ``(3) has established an independent and nondiscriminatory judiciary; ``(4) provides for the reduction or elimination of corruption relating to public officials, including-- ``(A) the promulgation of laws to prohibit bribery of and by public officials, including disclosure of assets by such officials upon taking office, periodically while in office, and upon leaving office; ``(B) the establishment of an independent anti- corruption commission-- ``(i) to receive and verify the disclosure of assets by public officials in accordance with subparagraph (A); and ``(ii) to investigate allegations or corruption or misconduct by public officials and to make all findings available to the appropriate administrative or judicial entities; and ``(C) the establishment of an independent agency-- ``(i) to audit the financial activities of public officials and agencies; and ``(ii) to make all audits under clause (i) available to the appropriate administrative or judicial entities; ``(5) is elected through free and fair elections; ``(6) does not engage in a consistent pattern of gross violations of internationally recognized human rights; and ``(7) does not repeatedly provided support for acts of international terrorism, as determined by the Secretary of State under section 6(j)(1) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)(1)) or section 620A(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2371(a)). ``(b) Exceptions.--The President may waive the application of 1 or more of the requirements of subsection (a) with respect to the cancellation or reduction of debt owed to the United States by a foreign country-- ``(1) for emergency humanitarian relief purposes; ``(2) if the President determines that it is in the national security interests of the United States to do so; or ``(3) if the President determines that the foreign country is making demonstrable progress in meeting the requirements of paragraphs (1) through (7) of subsection (a) by adopting appropriate legal and other related reforms. ``(c) Congressional Notification.--Not later than 7 days prior to the cancellation or reduction of debt in accordance with section 901, the President shall transmit to the Congress a report that contains a justification for the determination by the President that-- ``(1) the requirements contained in each of paragraphs (1) through (7) of subsection (a) have been satisfied with respect to the foreign country involved; or ``(2) the requirement of paragraph (1), (2), or (3) of subsection (b) has been satisfied with respect to the foreign country involved.''. SEC. 3. SENSE OF THE CONGRESS RELATING TO CANCELLATION OR REDUCTION OF MULTILATERAL DEBT. It is the sense of the Congress that the President should instruct the United States Executive Director at each international financial institution to which the United States is a member to use the voice, vote, and influence of the United States to urge that the cancellation or reduction of debt owed to the institution by a country may be provided only if the country meets the same requirements applicable to the cancellation or reduction of amounts owed to the United States under paragraphs (1) through (7) of section 902(b) of the Foreign Assistance Act of 1961 (as added by section 2).

Summary: Expresses the sense of Congress that the President should instruct the U.S. Executive Director at each international financial institution to use the U.S. voice, vote, and influence to urge that the cancellation or reduction of debt owed to the institution by a country be provided only if it meets the additional requirements of this Act.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting American Trade Secrets and Innovation Act of 2012''. SEC. 2. FEDERAL JURISDICTION FOR THEFT OF TRADE SECRETS. (a) In General.--Section 1836 of title 18, United States Code, is amended to read as follows: ``Sec. 1836. Civil proceedings ``(a) Private Civil Actions.-- ``(1) In general.--A person may bring a civil action under this subsection if the person is aggrieved by-- ``(A) a violation of section 1831(a) or 1832(a); or ``(B) a misappropriation of a trade secret that is related to or included in a product that is produced for or placed in interstate or foreign commerce. ``(2) Pleadings.--A complaint filed in a civil action brought under this subsection shall-- ``(A) describe with specificity the reasonable measures taken to protect the secrecy of the alleged trade secrets in dispute; and ``(B) include a sworn representation by the party asserting the claim that the dispute involves either substantial need for nationwide service of process or misappropriation of trade secrets from the United States to another country. ``(3) Civil ex parte seizure order.-- ``(A) In general.--In a civil action brought under this subsection, the court may, upon ex parte application and if the court finds by clear and convincing evidence that issuing the order is necessary to prevent irreparable harm, issue an order providing for-- ``(i) the seizure of any property (including computers) used or intended to be used, in any manner or part, to commit or facilitate the commission of the violation alleged in the civil action; and ``(ii) the preservation of evidence in the civil action. ``(B) Scope of orders.--An order issued under subparagraph (A) shall-- ``(i) authorize the retention of the seized property for a reasonably limited period, not to exceed 72 hours under the initial order, which may be extended by the court after notice to the affected party and an opportunity to be heard; ``(ii) require that any copies of seized property made by the requesting party be made at the expense of the requesting party; ``(iii) require the requesting party to return the seized property to the party from which the property were seized at the end of the period authorized under clause (i), including any extension; and ``(iv) include an appropriate protective order with respect to discovery and use of any property that has been seized, which shall provide for appropriate procedures to ensure that confidential, private, proprietary, or privileged information contained in the seized property is not improperly disclosed or used. ``(C) Seizures.--A party injured by a seizure under an order under this paragraph-- ``(i) may bring a civil action against the applicant for the order; and ``(ii) shall be entitled to recover appropriate relief, including-- ``(I) damages for lost profits, cost of materials, and loss of good will; ``(II) if the seizure was sought in bad faith, punitive damages; and ``(III) unless the court finds extenuating circumstances, to recover a reasonable attorney's fee. ``(4) Remedies.--In a civil action brought under this subsection, a court may-- ``(A) issue-- ``(i) an order for appropriate injunctive relief against any violation described in paragraph (1), including the actual or threatened misappropriation of trade secrets; ``(ii) if determined appropriate by the court, an order requiring affirmative actions to be taken to protect a trade secret; and ``(iii) if the court determines that it would be unreasonable to prohibit use of a trade secret, an order requiring payment of a reasonable royalty for any use of the trade secret; ``(B) award-- ``(i) damages for actual loss caused by the misappropriation of a trade secret; and ``(ii) damages for any unjust enrichment caused by the misappropriation of the trade secret that is not addressed in computing damages for actual loss; ``(C) if the trade secret described in paragraph (1)(B) is willfully or maliciously misappropriated, award exemplary damages in an amount not more than the amount of the damages awarded under subparagraph (B); and ``(D) if a claim of misappropriation is made in bad faith, a motion to terminate an injunction is made or opposed in bad faith, or a trade secret is willfully and maliciously misappropriated, award reasonable attorney's fees to the prevailing party. ``(b) Jurisdiction.--The district courts of the United States shall have original jurisdiction of civil actions brought under this section. ``(c) Period of Limitations.--A civil action under this section may not be commenced later than 3 years after the date on which the misappropriation is discovered or by the exercise of reasonable diligence should have been discovered. For purposes of this subsection, a continuing misappropriation constitutes a single claim of misappropriation.''. (b) Definitions.--Section 1839 of title 18, United States Code, is amended-- (1) in paragraph (3), by striking ``and'' at the end; (2) in paragraph (4), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: ``(5) the term `misappropriation' means-- ``(A) acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper means; or ``(B) disclosure or use of a trade secret of another without express or implied consent by a person who-- ``(i) used improper means to acquire knowledge of the trade secret; ``(ii) at the time of disclosure or use, knew or had reason to know that the knowledge of the trade secret was-- ``(I) derived from or through a person who had used improper means to acquire the trade secret; ``(II) acquired under circumstances giving rise to a duty to maintain the secrecy of the trade secret or limit the use of the trade secret; or ``(III) derived from or through a person who owed a duty to the person seeking relief to maintain the secrecy of the trade secret or limit the use of the trade secret; or ``(iii) before a material change of the position of the person, knew or had reason to know that-- ``(I) the trade secret was a trade secret; and ``(II) knowledge of the trade secret had been acquired by accident or mistake; and ``(6) the term `improper means'-- ``(A) includes theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, or espionage through electronic or other means; and ``(B) does not include reverse engineering or independent derivation.''. (c) Technical and Conforming Amendment.--The table of sections for chapter 90 of title 18, United States Code, is amended by striking the item relating to section 1836 and inserting the following: ``1836. Civil proceedings.''. (d) Rule of Construction.--Nothing in the amendments made by this section shall be construed to modify the rule of construction under section 1838 of title 18, United States Code, or to preempt any other provision of law.

Summary: Protecting American Trade Secrets and Innovation Act of 2012 - Amends the federal criminal code to authorize a person who is aggrieved by an act of economic espionage, theft of a trade secret, or misappropriation of a trade secret that is related to or included in a product that is produced for or placed in interstate or foreign commerce to bring a civil action under this Act (current law authorizes the Attorney General to bring a civil action to obtain injunctive relief against any violation of provisions regarding the protection of trade secrets). Requires a complaint filed in such an action to: (1) describe with specificity the reasonable measures taken to protect the secrecy of the alleged trade secrets in dispute, and (2) include a sworn representation by the party asserting the claim that the dispute involves either substantial need for nationwide service of process or misappropriation of trade secrets from the United States to another country. Authorizes the court, in a civil action, upon ex parte application and if the court finds by clear and convincing evidence that issuing the order is necessary to prevent irreparable harm, to issue an order providing for: (1) the seizure of any property (including computers) used or intended to be used to commit or facilitate the commission of the alleged violation, and (2) the preservation of evidence. Sets forth provisions regarding the scope of such an order, rights of a party injured by a seizure under such an order, and remedies with respect to civil actions brought under this Act. Establishes a three-year limitations period, beginning when the misappropriation is discovered or should have been discovered.


SECTION. 1. SHORT TITLE. This Act may be cited as the ``Adult Education Instructor Recruitment and Retention Act of 2002''. SEC. 2. FINDINGS. The Congress finds the following: (1) Adult literacy and remedial education teachers provide adults and out-of-school youths basic skills that equip them to solve problems and become active participants in our society, to hold a job, and to further their education. (2) Students in adult literacy and remedial education classes are made up of those who dropped out of school or have passed through the school system without an adequate education. It also includes students who want to take the General Educational Development examination and, increasingly, immigrants whose native language is not English. (3) In the year 1998, there were over 4,000,000 students enrolled in adult education programs throughout the United States. (4) Nearly one-fourth of the 4,000,000 students enrolled were unemployed. Another 24 percent were working poor. Welfare recipients comprised almost 10 percent of all students in 1998. (5) That same year, there were 177,943 adult education instructors. Nearly 23,000 of those were working full-time, with another 69,129 working part-time. The remaining 85,924 teachers were volunteers. (6) Adult education has been shown to assist persons in achieving job skills and gain or advance in employment. For example, in 1998, over 150,000 adult education students went on to do other training; nearly 300,000 students retained, advanced, or gained employment. (7) As employers increasingly require a more literate workforce, workers' demand will grow for all types of literacy and remedial classes. (8) A softening economy may require more students to obtain additional education to get a job. (9) Adult education instructors often feel they are not as respected by education departments as their general education peers. Funding is generally inadequate, and resources are often old or nonexistent. Funding level changes can cause the number of teaching jobs to fluctuate from year to year. (10) Median hourly earnings of adult literacy and remedial education teachers and high school equivalency instructors were $16.12 in 2000. Yet, many adult education teachers have high student loans that they need to repay. SEC. 3. LOAN FORGIVENESS FOR ADULT EDUCATION INSTRUCTORS. (a) Guaranteed Student Loans.--Part B of title IV of the Higher Education Act of 1965 is amended by inserting after section 428K (20 U.S.C. 1078-11) the following new section: ``SEC. 428L. LOAN FORGIVENESS FOR ADULT EDUCATION INSTRUCTORS. ``(a) Purpose.--It is the purpose of this section-- ``(1) to bring more highly trained individuals into the adult education profession; and ``(2) to keep more highly trained adult education instructors in the adult education field for longer periods of time. ``(b) Definitions.--In this section: ``(1) Adult education facility.--The term `adult education facility' means a facility that provides any of the following types of educational instruction for individuals 16 years old and older: ``(A) Education for adults with limited English proficiency. ``(B) Adult secondary education. ``(C) Literacy education for older adults. ``(D) Adult basic education programs for adults with disabilities. ``(2) Year.--The term `year', when applied to service as an adult education instructor means any period of 365 consecutive days. ``(3) Low-income family.--The term `low-income family' means a low-income family, as determined by the local educational agency for purposes of allocating funds to schools under section 1113(c)(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6313(c)(1)). ``(4) Low-income community.--An adult education facility is serving a low-income community if at least 70 percent of the students enrolled at the facility are from low-income families. ``(5) Full-time.--The term `full-time' means employment that includes at least 30 hours per week of adult education teaching. ``(c) Program Authorized.--The Secretary shall carry out a program, through the holder of the loan, of assuming the obligation to repay a qualified loan amount for a loan made under section 428 or 428H, in accordance with subsection (d) of this section, for any borrower who-- ``(1) has been employed as a full-time teacher for 3 consecutive years in an adult education facility that serves a low-income community; and ``(2) is not in default on a loan for which the borrower seeks forgiveness. ``(d) Loan Repayment.-- ``(1) In general.--The Secretary shall assume the obligation to repay a qualified loan amount for each year of employment described in subsection (c)(1) completed after the date of enactment of this section, but counting consecutive years before or after such date for purposes of determining the number of consecutive years. Such qualified loan amount shall be equal to-- ``(A) $500 for the third consecutive year of employment; ``(B) $1,000 for the fourth consecutive year of such employment; ``(C) $1,500 for the fifth consecutive year of such employment; and ``(D) $2,000 for the sixth consecutive year of such employment. ``(2) No refunds.--Nothing in this section shall be construed to authorize the refunding of any repayment of a loan made under this part. ``(3) Interest.--If a portion of a loan is repaid by the Secretary under this section for any year, the proportionate amount of interest on such loan which accrues for such year shall be repaid by the Secretary. ``(4) Ineligibility of national service award recipients.-- No student borrower may, for the same service, receive a benefit under both this section and subtitle D of title I of the National and Community Service Act of 1990 (42 U.S.C. 12601 et seq.). ``(e) Repayment to Eligible Lenders.--The Secretary shall pay to each eligible lender or holder for each fiscal year an amount equal to the aggregate amount of loans which are subject to repayment pursuant to this section for such year. ``(f) Application for Repayment.-- ``(1) In general.--Each eligible individual desiring loan repayment under this section shall submit a complete and accurate application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``(2) Conditions.--An eligible individual may apply for loan repayment under this section after completing each year of qualifying employment. The borrower shall receive forbearance while engaged in qualifying employment unless the borrower is in deferment while so engaged. ``(g) Regulations.--The Secretary is authorized to prescribe such regulations as may be necessary to carry out the provisions of this section. ``(h) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $50,000,000 for fiscal year 2003, and such sums as may be necessary for succeeding fiscal years.''. (b) Direct Loans.--Part D of title IV of the Higher Education Act of 1965 is amended by inserting after section 460 (20 U.S.C. 1087j) the following new section: ``SEC. 460A. LOAN FORGIVENESS FOR ADULT EDUCATION INSTRUCTORS. ``(a) Purpose.--It is the purpose of this section-- ``(1) to bring more highly trained individuals into the adult education profession; and ``(2) to keep more highly trained adult education instructors in the adult education field for longer periods of time. ``(b) Definitions.--In this section: ``(1) Adult education facility.--The term `adult education facility' means a facility that provides any of the following types of educational instruction for individuals 16 years old and older: ``(A) Education for adults with limited English proficiency. ``(B) Adult secondary education. ``(C) Literacy education for older adults. ``(D) Adult basic education programs for adults with disabilities. ``(2) Year.--The term `year', when applied to service as an adult education instructor means any period of 365 consecutive days. ``(3) Low-income family.--The term `low-income family' means a low-income family, as determined by the local educational agency for purposes of allocating funds to schools under section 1113(c)(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6313(c)(1)). ``(4) Low-income community.--An adult education facility is serving a low-income community if at least 70 percent of the students enrolled at the facility are from low-income families. ``(5) Full-time.--The term `full-time' means employment that includes at least 30 hours per week of adult education teaching. ``(c) Program Authorized.--The Secretary shall carry out a program of cancelling the obligation to repay a qualified loan amount for Federal Direct Stafford Loans and Federal Direct Unsubsidized Stafford Loans in accordance with subsection (d) of this section, for any borrower who-- ``(1) has been employed as a full-time teacher for 3 consecutive years in an adult education facility that serves a low-income community; and ``(2) is not in default on a loan for which the borrower seeks forgiveness. ``(d) Loan Repayment.-- ``(1) In general.--The Secretary shall cancel the obligation to repay a qualified loan amount for each year of employment described in subsection (c)(1) completed after the date of enactment of this section, but counting consecutive years before or after such date for purposes of determining the number of consecutive years. Such qualified loan amount shall be equal to-- ``(A) $500 for the third consecutive year of employment; ``(B) $1,000 for the fourth consecutive year of such employment; ``(C) $1,500 for the fifth consecutive year of such employment; and ``(D) $2,000 for the sixth consecutive year of such employment. ``(2) No refunds.--Nothing in this section shall be construed to authorize the refunding of any repayment of a loan made under this part. ``(3) Interest.--If a portion of a loan is repaid by the Secretary under this section for any year, the proportionate amount of interest on such loan which accrues for such year shall be repaid by the Secretary. ``(4) Ineligibility of national service award recipients.-- No student borrower may, for the same service, receive a benefit under both this section and subtitle D of title I of the National and Community Service Act of 1990 (42 U.S.C. 12601 et seq.). ``(e) Repayment to Eligible Lenders.--The Secretary shall pay to each eligible lender or holder for each fiscal year an amount equal to the aggregate amount of loans which are subject to repayment pursuant to this section for such year. ``(f) Application for Repayment.-- ``(1) In general.--Each eligible individual desiring loan repayment under this section shall submit a complete and accurate application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``(2) Conditions.--An eligible individual may apply for loan repayment under this section after completing each year of qualifying employment. The borrower shall receive forbearance while engaged in qualifying employment unless the borrower is in deferment while so engaged. ``(g) Regulations.--The Secretary is authorized to prescribe such regulations as may be necessary to carry out the provisions of this section. ``(h) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $50,000,000 for fiscal year 2003, and such sums as may be necessary for succeeding fiscal years.''.

Summary: Adult Education Instructor Recruitment and Retention Act of 2002 - Amends the Higher Education Act of 1965 to establish student loan forgiveness programs for adult education instructors.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Prosecutors Retirement Benefit Equity Act of 2001''. SEC. 2. INCLUSION OF FEDERAL PROSECUTORS IN THE DEFINITION OF A LAW ENFORCEMENT OFFICER. (a) Civil Service Retirement System.-- (1) In general.--Paragraph (20) of section 8331 of title 5, United States Code, is amended by striking ``position.'' and inserting ``position and a Federal prosecutor.''. (2) Federal prosecutor defined.--Section 8331 of title 5, United States Code, is amended-- (A) in paragraph (27), by striking ``and'' at the end; (B) in paragraph (28), by striking the period and inserting ``; and''; and (C) by adding at the end the following: ``(29) `Federal prosecutor' means-- ``(A) an assistant United States attorney under section 542 of title 28; or ``(B) an attorney employed by the Department of Justice and designated by the Attorney General of the United States.''. (b) Federal Employees' Retirement System.-- (1) In general.--Paragraph (17) of section 8401 of title 5, United States Code, is amended-- (A) in subparagraph (C), by striking ``and'' at the end; (B) in subparagraph (D), by adding ``and'' after the semicolon; and (C) by adding at the end the following: ``(E) a Federal prosecutor;''. (2) Federal prosecutor defined.--Section 8401 of title 5, United States Code, is amended-- (A) in paragraph (33), by striking ``and'' at the end; (B) in paragraph (34), by striking the period and inserting ``; and''; and (C) by adding at the end the following: ``(35) `Federal prosecutor' means-- ``(A) an assistant United States attorney under section 542 of title 28; or ``(B) an attorney employed by the Department of Justice and designated by the Attorney General of the United States.''. (c) Treatment Under Certain Provisions of Law (Unrelated to Retirement) To Remain Unchanged.-- (1) Original appointments.--Subsections (d) and (e) of section 3307 of title 5, United States Code, are amended by adding at the end of each the following: ``The preceding sentence shall not apply in the case of an original appointment of a Federal prosecutor as defined under section 8331(29) or 8401(35).''. (2) Mandatory separation.--Sections 8335(b) and 8425(b) of title 5, United States Code, are amended by adding at the end of each the following: ``The preceding provisions of this subsection shall not apply in the case of a Federal prosecutor as defined under section 8331(29) or 8401(35).''. (d) Effective Date.--The amendments made by this section shall take effect on the first day of the first applicable pay period beginning on or after 120 days after the date of enactment of this Act. SEC. 3. PROVISIONS RELATING TO INCUMBENTS. (a) Definitions.--In this section, the term-- (1) ``Federal prosecutor'' means-- (A) an assistant United States attorney under section 542 of title 28, United States Code; or (B) an attorney employed by the Department of Justice and designated by the Attorney General of the United States; and (2) ``incumbent'' means an individual who is serving as a Federal prosecutor on the effective date of this section. (b) Designated Attorneys.--If the Attorney General of the United States makes any designation of an attorney to meet the definition under subsection (a)(1)(B) for purposes of being an incumbent under this section,-- (1) such designation shall be made before the effective date of this section; and (2) the Attorney General shall submit to the Office of Personnel Management before that effective date-- (A) the name of the individual designated; and (B) the period of service performed by that individual as a Federal prosecutor before that effective date. (c) Notice Requirement.--Not later than 9 months after the date of enactment of this Act, the Department of Justice shall take measures reasonably designed to provide notice to incumbents on-- (1) their election rights under this Act; and (2) the effects of making or not making a timely election under this Act. (d) Election Available to Incumbents.-- (1) In general.--An incumbent may elect, for all purposes, to be treated-- (A) in accordance with the amendments made by this Act; or (B) as if this Act had never been enacted. (2) Failure to elect.--Failure to make a timely election under this subsection shall be treated in the same way as an election under paragraph (1)(A), made on the last day allowable under paragraph (3). (3) Time limitation.--An election under this subsection shall not be effective unless the election is made not later than the earlier of-- (A) 120 days after the date on which the notice under subsection (c) is provided; or (B) the date on which the incumbent involved separates from service. (e) Limited Retroactive Effect.-- (1) Effect on retirement.--In the case of an incumbent who elects (or is deemed to have elected) the option under subsection (d)(1)(A), all service performed by that individual as a Federal prosecutor shall-- (A) to the extent performed on or after the effective date of that election, be treated in accordance with applicable provisions of subchapter III of chapter 83 or chapter 84 of title 5, United States Code, as amended by this Act; and (B) to the extent performed before the effective date of that election, be treated in accordance with applicable provisions of subchapter III of chapter 83 or chapter 84 of such title, as if the amendments made by this Act had then been in effect. (2) No other retroactive effect.--Nothing in this Act (including the amendments made by this Act) shall affect any of the terms or conditions of an individual's employment (apart from those governed by subchapter III of chapter 83 or chapter 84 of title 5, United States Code) with respect to any period of service preceding the date on which such individual's election under subsection (d) is made (or is deemed to have been made). (f) Individual Contributions for Prior Service.-- (1) In general.--An individual who makes an election under subsection (d)(1)(A) may, with respect to prior service performed by such individual, contribute to the Civil Service Retirement and Disability Fund the difference between the individual contributions that were actually made for such service and the individual contributions that should have been made for such service if the amendments made by section 2 had then been in effect. (2) Effect of not contributing.--If no part of or less than the full amount required under paragraph (1) is paid, all prior service of the incumbent shall remain fully creditable as law enforcement officer service, but the resulting annuity shall be reduced in a manner similar to that described in section 8334(d)(2) of title 5, United States Code, to the extent necessary to make up the amount unpaid. (3) Prior service defined.--For purposes of this section, the term ``prior service'' means, with respect to any individual who makes an election under subsection (d)(1)(A), service performed by such individual before the date as of which appropriate retirement deductions begin to be made in accordance with such election. (g) Government Contributions for Prior Service.-- (1) In general.--If an incumbent makes an election under subsection (d)(1)(A), the Department of Justice shall remit to the Office of Personnel Management, for deposit in the Treasury of the United States to the credit of the Civil Service Retirement and Disability Fund, the amount required under paragraph (2) with respect to such service. (2) Amount required.--The amount the Department of Justice is required to remit is, with respect to any prior service, the total amount of additional Government contributions to the Civil Service Retirement and Disability Fund (over and above those actually paid) that would have been required if the amendments made by section 2 had then been in effect. (3) Contributions to be made ratably.--Government contributions under this subsection on behalf of an incumbent shall be made by the Department of Justice ratably (on at least an annual basis) over the 10-year period beginning on the date referred to in subsection (f)(3). (h) Regulations.--Except as provided under section 4, the Office of Personnel Management shall prescribe regulations necessary to carry out this Act, including provisions under which any interest due on the amount described under subsection (f) shall be determined. (i) Effective Date.--This section shall take effect 120 days after the date of enactment of this Act. SEC. 4. DEPARTMENT OF JUSTICE ADMINISTRATIVE ACTIONS. (a) Definition.--In this section the term ``Federal prosecutor'' has the meaning given under section 3(a)(1). (b) Regulations.-- (1) In general.--Not later than 120 days after the date of enactment of this Act, the Attorney General of the United States shall-- (A) consult with the Office of Personnel Management on this Act (including the amendments made by this Act); and (B) promulgate regulations for making designations of Federal prosecutors who are not assistant United States attorneys. (2) Contents.--Any regulations promulgated under paragraph (1) shall ensure that attorneys designated as Federal prosecutors who are not assistant United States attorneys have routine employee responsibilities that are substantially similar to those of assistant United States attorneys assigned to the litigation of criminal cases, such as the representation of the United States before grand juries and in trials, appeals, and related court proceedings. (c) Designations.--The designation of any Federal prosecutor who is not an assistant United States attorney for purposes of this Act (including the amendments made by this Act) shall be at the discretion of the Attorney General of the United States.

Summary: Federal Prosecutors Retirement Benefit Equity Act of 2001 - Amends Federal civil service law to include Federal prosecutors within the definition of "law enforcement officer" (LEO). Extends LEO benefits under the Civil Service Retirement System and the Federal Employees' Retirement System to Federal prosecutors, including Assistant United States Attorneys (AUSAs), and such other attorneys in the Department of Justice (DOJ) as may be designated by the Attorney General. Exempts Federal prosecutors from mandatory retirement provisions for LEOs under the civil service laws.Requires DOJ to provide notice to incumbent Federal prosecutors of their rights under this Act. Allows incumbents to opt out of the LEO retirement program. Sets forth provisions governing the crediting of prior service by incumbents. Provides for make-up contributions for prior service of incumbents to the Civil Service Retirement and Disability Fund.Gives incumbents the option of either contributing to their own share of any make-up contributions or receiving a proportionally lesser retirement benefit. Allows the Government to contribute its share of any make-up contribution ratably over a ten-year period.


SECTION 1. SHORT TITLE. This Act may be cited as the ``National Employment Dispute Resolution Act of 2000 (NEDRA)''. SEC. 2. FINDINGS. The Congress finds the following: (1) The prohibitive costs and emotional toll of litigation as well as the growing backlog of employment civil rights claims and lawsuits has impeded the protection and enforcement of workplace civil rights. (2) Mediation is an economical, participatory, and expeditious alternative to traditional, less cooperative methods of resolving employment disputes. (3) Mediation enables disputants to craft creative solutions and settlements, surpassing the reach of traditional remedies, thereby possibly protecting the continuity of the employment relationship. (4) As we enter the new millennium, a national program of directed or required participation in mediation where any settlement is voluntary mandated mediation for certain employment and contract disputes, will help fulfill the goal of equal opportunity in work and business places of the United States. (5) Overt and subtle discrimination still exists in our society and in the workplace. (6) Overt and subtle forms of discrimination cause substantial measurable economic and noneconomic costs to employers and the American workforce, create a barrier to fully realizing equal opportunity in the workplace, and are contrary to public policy promoting equal opportunity in the workplace. (b) Purposes.--The purposes of this Act are-- (1) to establish a fair and effective alternative means by which employees and covered employers may have an increased likelihood of resolving both alleged overt and subtle forms or acts of discrimination without the necessity of the employee taking some form of legal action against the employer, (2) in accordance with the various public policies encouraging the use of mediation, to make mediation available at an early stage of an employment dispute, thus-- (A) possibly reducing economic and noneconomic costs, (B) preserving the employment relationship and decreasing acrimony, and (C) decreasing the filing of a number of formal discrimination complaints, charges, and lawsuits and further burdening our public justice system, and (3) to provide that the participation in mediation shall not preclude either the employee-disputant or covered employer- disputant from having access to the public justice system. SEC. 3. AMENDMENTS TO TITLE VII OF THE CIVIL RIGHTS ACT OF 1964. (a) Federal Employees.--Title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) is amended-- (1) in section 706(a) by inserting after the 7th sentence the following: ``Regardless of whether the Commission makes an investigation under this subsection, the Commission shall provide counseling services regarding, and endeavor to responsibly address and resolve, claims of unlawful discrimination using certified contract mediators.'', and (2) in section 711(a) by adding at the end the following: ``Every employer, employment agency, and labor organization shall provide to each employee and each member, individually, a copy of the materials required by this section to be so posted.''. (b) Office of Federal Contract Compliance.--Section 718 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-17) is amended-- (1) by inserting ``(a)'' after ``Sec. 718'', and (2) by adding at the end the following: ``(b) The Office of Federal Contract Compliance shall endeavor to responsibly address and resolve any alleged discrimination using mediation with respect to which this section applies. ``(c) An employer who establishes, implements an approved internal conflict management program or system providing the use of a certified mediator participates in mediation under this section shall be given preferred status in contract bidding for additional and for maintaining current Federal Government contracts. ``(d) An employer who is a party to a Government contract or the agency of the United States shall assume the costs of mediation under this section, including the fees of the mediator and any travel and lodging expenses of the employee, if such travel exceeds 25 miles, one way. Any settlement shall include, among other things, any appropriate and reasonable attorney fees. ``(e) Retaliation by an employer who is a party to a Government contract or the agency of the United States, or the destruction of evidence, shall result in the imposition of appropriate civil or criminal sanctions. The participation in mediation shall be at the option of the employee. The participation in mediation shall not preclude the employee's access to any State, local, or Federal EEO enforcement agency or any State or Federal court. ``(f) The Office of Federal Contract Compliance shall have authority over employers who are parties to Government contracts that fail to comply with this section. Failure to comply shall result in the loss of a current Government contract and disqualification from consideration for future Government contracts. ``(g) No resolution by the disputants may contravene the provisions of a valid collective bargaining agreement between an employer who is a part to a Government contract and a labor union or certified bargaining representative. Any voluntary settlement outcome and agreement may not be in conflict with the collective bargaining agreement.''. SEC. 4. AMENDMENTS TO THE AGE DISCRIMINATION IN EMPLOYMENT ACT OF 1967. The Age Discrimination in Employment Act of 1967 (29 U.S.C. 621 et seq.) is amended-- (1) in section 7(e) by inserting after the 2d sentence the following: ``The Commission shall provide counseling services regarding, and endeavor to responsibly address and resolve, claims of unlawful discrimination using certified contract mediators.'', and (2) in section 8 by adding at the end the following: ``Every employer, employment agency, and labor organization shall provide to each employee and each member, individually, a copy of the materials required by this section to be so posted.''. SEC. 5. AMENDMENT TO AMERICANS WITH DISABILITIES ACT OF 1990. Section 107(a) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12117(a)) is amended by adding at the end the following: ``The Commission shall provide counseling services regarding, and endeavor to responsibly address and resolve, claims of unlawful discrimination using certified contract mediators.''. SEC. 6. MEDIATION. (a) Definitions.--For purposes of this section: (1) The term ``employer'' means any Federal agency (including Federal courts) or business enterprise receiving Federal funds of $200,000 or greater or having 20 or more employees. (2) The term ``mediator'' means any neutral, third-party, including an attorney and a nonattorney, who is trained in the mediation process and has a demonstrable working knowledge in relevant EEO and employment law, including a third party who is-- (A) appointed or approved by a competent court, the Equal Employment Opportunity Commission, a certified mediation center, or a university, or (B) jointly chosen by the disputants. (3) The term ``trained mediation professional'' means a person who-- (A) has participated in employment mediation training of 40 or more hours, or (B) has co-mediated with or been supervised by another trained certified mediation professional for at least three employment or contract dispute cases of no fewer than 15 hours. (4) The term ``certified mediation center'' includes any private or public entity that is qualified to facilitate the employment or contract mediation process and provide training on employment and contract dispute resolution, including, but not limited to, the American Arbitration Association, the American Bar Association, the Center for Employment Dispute Resolution, CPR Conflict Institute, JAMS/Endispute, United States Arbitration and Mediation, Inc., Institute on Conflict Resolution at Cornell University, and the Society of Professionals in Dispute Resolution. (b) Requirements.--(1) All employers shall-- (A) establish an internal dispute resolution program or system that provides, as a voluntary option, employee-disputant access to external third-party certified mediators, (B) participate in mediation if the employee has exhausted the internal dispute resolution program or system and has formally requested mediation without the filing of a charge or lawsuit, and (C) participate in mediation if the claimant has filed a charge or lawsuit and the claimant formally requests mediation. (2) While the mediation settlement outcome would be voluntary, the employer shall participate in mediation where the employee-disputant has expressed a desire to mediate. (3) Under all circumstances, the employee-disputant is entitled to legal representation. (4) Employers shall inform employee-disputants of the mediation alternative and their respective rights thereof, and the employee- disputant would have 30 days in which to decide whether to participate in mediation. (5) When an employee-disputant voluntarily agrees to participate in the mediation process, any applicable statute of limitations shall be tolled, and the private tolling agreement shall be enforceable in any court of competent jurisdiction. (6) The employee and employer disputants shall not have more than 90 days within which to resolve the dispute. (7) Should mediation prove unsuccessful, the employer shall again inform the employee-disputant of their rights, in writing including the right to pursue the matter under any applicable State, county, local ordinance, or Federal statutes. (8) Consistent with section 705 of the Civil Rights Act of 1964, the Equal Employment Opportunity Commission, and any State or local authority involved in proceedings described in section 706, shall offer technical assistance to any unrepresented or self-represented party, provided that a formal complaint has been filed with the Commission or such authority. Such assistance shall include, but not be limited to-- (A) pre-mediation counseling, (B) assistance in understanding the status of relevant case law, (C) assistance in what would be the appropriate remedy if the instant claim were to be found to have merit, and (D) assistance in drafting any post-mediation settlement agreement or resolution. (9) Submission of a claim for mediation shall not preclude either the claimant or respondent from seeking other appropriate relief on that claim, except that neither party shall seek other relief until the mediation process has concluded. (10) Any settlement as a result of the mediation process shall be strictly voluntary and remain confidential except for research and evaluation purposes. (11) In every case, the privacy, privilege, and confidentiality of all parties to the dispute shall be preserved, including complaint intake personnel and mediation consultations. (c) Attorney's Obligation To Advise Clients of Mediation.--For the purposes of this Act and all of the other related statutes, attorneys and consultants are legally obliged to advise their clients of the existence of the mediation alternative and their obligations under the Act to participate in mediation in ``good faith''. (d) Judicial Enforcement.--Either party to a mediation agreement to bring an action of enforcement in a Federal district court of competent jurisdiction, however any matter discussed or material presented during mediation shall not be used in any subsequent local, State, or Federal administrative or court proceeding. The confidential provisions of any internal conflict management program or system or agreement to mediations shall be immune from attack by any third party.

Summary: Mandates that any Federal agency or court (or business enterprise receiving $20,000 or more in Federal funds, or having 20 or more employees): (1) establish an internal dispute resolution mechanism that provides, as a voluntary option, employee-disputant access to external third-party certified mediators; and (2) participate in mediation in specified circumstances. Prescribes mediation guidelines. States that attorneys and consultants are legally obligated to advise their clients of the mediation alternative and their obligations to participate in "good faith".


SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Emergency Management Agency Restoration Act''. SEC. 2. FEDERAL EMERGENCY MANAGEMENT AGENCY. (a) Independent Establishment.--The Federal Emergency Management Agency shall be a cabinet-level independent establishment in the executive branch that is responsible for emergency preparedness, response, recovery, and mitigation for all hazards, including major disasters, acts of terrorism, and other emergencies. (b) Director.-- (1) In general.--The Agency shall be headed by a Director, who shall be appointed by the President, by and with the advice and consent of the Senate, and who shall report directly to the President. The Director of the Federal Emergency Management Agency shall be compensated at the rate provided for at level I of the Executive Schedule under section 5312 of title 5, United States Code. (2) Qualification.--The Director shall be appointed from among persons who have extensive experience in emergency preparedness, response, recovery, and mitigation for all hazards, including major disasters, acts of terrorism, and other emergencies. (3) Term of office.--The term of office of an individual appointed as the Director shall be 5 years. Such individual may be appointed in accordance with paragraph (1) for an additional term of 5 years. (4) Conforming amendment.--Section 5312 of title 5, United States Code, is amended by adding at the end the following: ``Director of the Federal Emergency Management Agency.''. (c) Deputy Director.-- (1) In general.--The Federal Emergency Management Agency shall have one deputy director appointed in the competitive service by the Director. (2) Qualifications.--The Deputy Director shall be appointed from among persons who have extensive experience in emergency preparedness, response, recovery, and mitigation for all hazards, including major disasters, acts of terrorism, and other emergencies. (3) Duties.--The Deputy Director shall-- (A) carry out duties and powers prescribed by the Director; (B) serve as a liaison to the Department of Homeland Security in the event of an act of terrorism; and (C) act for the Director when the Director is absent or unable to serve or when the position of the Director is vacant. (d) Limitations on Definition of Emergency Preparedness.--For purposes of this Act, the term ``emergency preparedness'' does not include law enforcement efforts to prevent or deter acts of terrorism, protect critical infrastructure, and conduct intelligence activities. SEC. 3. TRANSFER OF FUNCTIONS. (a) In General.--There shall be transferred to the Director of the Federal Emergency Management Agency the functions, personnel, assets, and liabilities of the Department of Homeland Security relating to the Federal Emergency Management Agency, including the functions of the Department under paragraphs (3) and (8) of section 430(c) and sections 502 (other than paragraph (2)) and 503(1) of the Homeland Security Act of 2002 (6 U.S.C. 238(c), 312, 313) and other functions of the Preparedness Directorate of the Department (other than those functions relating to law enforcement efforts to prevent and deter acts of terrorism, protect critical infrastructure, and conduct intelligence activities), the functions relating to firefighter assistance grants under the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229 et seq.), and the functions relating to the Federal Emergency Management Agency under any other law, including those functions relating to emergency management performance grants, under the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.), the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), the Earthquake Hazards Reductions Act of 1977 (42 U.S.C. 7701 et seq.), the National Dam Safety Program Act (33 U.S.C. 467 et seq.), and Reorganization Plan No. 3 of 1978 (5 U.S.C. App.). (b) Transition Period.--The transfers under this section shall be carried out as soon as practicable after the date of enactment of this Act, but not later than the 120th day following the date of enactment of this Act. During the transition period, the Secretary of Homeland Security shall provide to the Director of the Federal Emergency Management Agency such assistance, including the use of personnel and assets, as the Director may request in preparing for the transfer. SEC. 4. SAVINGS PROVISIONS. (a) Personnel Provisions.-- (1) Appointments.--The Director of the Federal Emergency Management Agency may appoint and fix the compensation of such officers and employees, including investigators, attorneys, and administrative law judges, as may be necessary to carry out the respective functions transferred under section 3. Except as otherwise provided by law, such officers and employees shall be appointed in accordance with the civil service laws and their compensation fixed in accordance with title 5, United States Code. (2) Experts and consultants.--The Director may obtain the services of experts and consultants in accordance with section 3109 of title 5, United States Code, and compensate such experts and consultants for each day (including traveltime) at rates not in excess of the rate of pay for level IV of the Executive Schedule under section 5315 of such title. The Director may pay experts and consultants who are serving away from their homes or regular place of business, travel expenses and per diem in lieu of subsistence at rates authorized by sections 5702 and 5703 of such title for persons in Government service employed intermittently. (b) Delegation and Assignment.--Except where otherwise expressly prohibited by law or otherwise provided by this Act, the Director may delegate any of the functions transferred to the Director by section 3 and any function transferred or granted to the Director after the date of the transfers by section 3 to such officers and employees of the Federal Emergency Management Agency as the Director may designate and may authorize successive redelegations of such functions as may be necessary or appropriate. No delegation of functions by the Director under this subsection or under any other provision of this Act shall relieve the Director of responsibility for the administration of such functions. (c) Reorganization.--The Director is authorized to allocate or reallocate any function transferred under section 3 among the officers of the Federal Emergency Management Agency, and to establish, consolidate, alter, or discontinue such organizational entities in the Federal Emergency Management Agency as may be necessary or appropriate if the Director, on or before the 30th day preceding the date of the allocation or reallocation, provides to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Homeland Security and Government Affairs of the Senate written notice of the allocation or reallocation. (d) Rules.--The Director is authorized to prescribe, in accordance with the provisions of chapters 5 and 6 of title 5, United States Code, such rules and regulations as the Director determines necessary or appropriate to administer and manage the functions of the Federal Emergency Management Agency. (e) Transfer and Allocations of Appropriations and Personnel.-- Except as otherwise provided in this section, the personnel employed in connection with, and the assets, liabilities, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds employed, used, held, arising from, available to, or to be made available in connection with the functions transferred by section 3, subject to section 1531 of title 31, United States Code, shall be transferred to the Federal Emergency Management Agency. Unexpended funds transferred pursuant to this subsection shall be used only for the purposes for which the funds were originally authorized and appropriated. (f) Incidental Transfers.--The Director of the Office of Management and Budget, at such time or times as the Director shall provide, is authorized to make such determinations as may be necessary with regard to the functions transferred by section 3, and to make such additional incidental dispositions of personnel, assets, liabilities, grants, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds held, used, arising from, available to, or to be made available in connection with such functions, as may be necessary to carry out the provisions of this Act. The Director of the Office of Management and Budget shall provide for the termination of the affairs of all entities terminated by this Act and for such further measures and dispositions as may be necessary to effectuate the purposes of this Act. (g) Effect on Personnel.-- (1) In general.--Except as otherwise provided by this section, the transfer pursuant to this section of full-time personnel (except special Government employees) and part-time personnel holding permanent positions shall not cause any such employee to be separated or reduced in grade or compensation for one year after the date of transfer of such employee under this section. (2) Executive schedule positions.--Except as otherwise provided in this section, any person who, on the day preceding the date of the transfers of functions under section 3, held a position compensated in accordance with the Executive Schedule prescribed in chapter 53 of title 5, United States Code, and who, without a break in service, is appointed in the Federal Emergency Management Agency to a position having duties comparable to the duties performed immediately preceding such appointment shall continue to be compensated in such new position at not less than the rate provided for such previous position, for the duration of the service of such person in such new position. (h) Savings Provisions.-- (1) Continuing effect of legal documents.--All orders, determinations, rules, regulations, permits, agreements, grants, contracts, certificates, licenses, registrations, privileges, and other administrative actions-- (A) which have been issued, made, granted, or allowed to become effective by the President, any Federal agency or official thereof, or by a court of competent jurisdiction, in the performance of functions which are transferred under section 3, and (B) which are in effect on the date of the transfers of functions under section 3, or were final before such date and are to become effective on or after such date, shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the President, the Director of the Federal Emergency Management Agency or other authorized official, a court of competent jurisdiction, or by operation of law. (2) Proceedings not affected.--The provisions of this section and section 3 shall not affect any proceedings, including notices of proposed rulemaking, or any application for any license, permit, certificate, or financial assistance pending before the Federal Emergency Management Agency on the date of the transfers of functions under section 3, with respect to functions transferred by section 3 but such proceedings and applications shall continue. Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this section and section 3 had not been enacted, and orders issued in any such proceedings shall continue in effect until modified, terminated, superseded, or revoked by a duly authorized official, by a court of competent jurisdiction, or by operation of law. Nothing in this paragraph shall be deemed to prohibit the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this section and section 3 had not been enacted. (3) Suits not affected.--The provisions of this section and section 3 shall not affect suits commenced before the date of the transfers of functions under section 3, and in all such suits, proceedings shall be had, appeals taken, and judgments rendered in the same manner and with the same effect as if this section and section 3 had not been enacted. (4) Nonabatement of actions.--No suit, action, or other proceeding commenced by or against the Federal Emergency Management Agency, or by or against any individual in the official capacity of such individual as an officer of the Federal Emergency Management Agency, shall abate by reason of the enactment of this section or section 3. (5) Administrative actions relating to promulgation of regulations.--Any administrative action relating to the preparation or promulgation of a regulation by the Federal Emergency Management Agency relating to a function transferred under section 3 may be continued by the Federal Emergency Management Agency with the same effect as if this section and section 3 had not been enacted. (i) References.--Any reference in any other Federal law, Executive order, rule, regulation, or delegation of authority, or any document of or pertaining to a department, agency, or office from which a function is transferred by section 3-- (1) to the head of such department, agency, or office is deemed to refer to the head of the department, agency, or office to which such function is transferred; or (2) to such department, agency, or office is deemed to refer to the department, agency, or office to which such function is transferred. (j) Repeals.--The following provisions of the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) are repealed: (1) Section 503(1). (2) Section 507.

Summary: Federal Emergency Management Agency Restoration Act - Establishes the Federal Emergency Management Agency (FEMA) as a cabinet-level independent establishment in the executive branch that is responsible for emergency preparedness, response, recovery, and mitigation for all hazards, including major disasters, acts of terrorism, and other emergencies. Requires the FEMA Director to be appointed by the President, by and with the advice and consent of the Senate, from among persons who have extensive experience in emergency preparedness, response, recovery, and mitigation for all hazards, including major disasters, acts of terrorism, and other emergencies.


SECTION 1. SHORT TITLE. This Act may be cited as the ``21st Century Federal Pell Grant Plus Act''. SEC. 2. RECIPIENTS OF FEDERAL PELL GRANTS WHO ARE PURSUING PROGRAMS OF STUDY IN ENGINEERING, MATHEMATICS, SCIENCE, OR FOREIGN LANGUAGES. Section 401(b)(2) of the Higher Education Act of 1965 (20 U.S.C. 1070a(b)(2)) is amended by adding at the end the following: ``(C)(i) Notwithstanding subparagraph (A) and subject to clause (iii), in the case of a student who is eligible under this part and who is pursuing a degree with a major in, or a certificate or program of study relating to, engineering, mathematics, science (such as physics, chemistry, or computer science), or a foreign language, described in a list developed or updated under clause (ii), the amount of the Federal Pell Grant shall be the amount calculated for the student under subparagraph (A) for the academic year involved, multiplied by 2. ``(ii)(I) The Secretary, in consultation with the Secretary of Defense, the Secretary of the Department of Homeland Security, and the Director of the National Science Foundation, shall develop, update not less than once every 2 years, and publish in the Federal Register, a list of engineering, mathematics, and science degrees, majors, certificates, or programs that if pursued by a student, may enable the student to receive the increased Federal Pell Grant amount under clause (i). In developing and updating the list the Secretaries and Director shall consider the following: ``(aa) The current engineering, mathematics, and science needs of the United States with respect to national security, homeland security, and economic security. ``(bb) Whether institutions of higher education in the United States are currently producing enough graduates with degrees to meet the national security, homeland security, and economic security needs of the United States. ``(cc) The future expected workforce needs of the United States required to help ensure the Nation's national security, homeland security, and economic security. ``(dd) Whether institutions of higher education in the United States are expected to produce enough graduates with degrees to meet the future national security, homeland security, and economic security needs of the United States. ``(II) The Secretary, in consultation with the Secretary of Defense, the Secretary of the Department of Homeland Security, and the Secretary of State, shall develop, update not less than once every 2 years, and publish in the Federal Register, a list of foreign language degrees, majors, certificates, or programs that if pursued by a student, may enable the student to receive the increased Federal Pell Grant amount under clause (i). In developing and updating the list the Secretaries shall consider the following: ``(aa) The foreign language needs of the United States with respect to national security, homeland security, and economic security. ``(bb) Whether institutions of higher education in the United States are currently producing enough graduates with degrees to meet the national security, homeland security, and economic security needs of the United States. ``(cc) The future expected workforce needs of the United States required to help ensure the Nation's national security, homeland security, and economic security. ``(dd) Whether institutions of higher education in the United States are expected to produce enough graduates with degrees to meet the future national security, homeland security, and economic security needs of the United States. ``(iii) Each student who received an increased Federal Pell Grant amount under clause (i) to pursue a degree, major, certificate, or program described in a list published under subclause (I) or (II) of clause (ii) shall continue to be eligible for the increased Federal Pell Grant amount in subsequent academic years if the degree, major, certificate, or program, respectively, is subsequently removed from the list. ``(iv)(I) If a student who received an increased Federal Pell Grant amount under clause (i) changes the student's course of study to a degree, major, certificate, or program that is not included in a list described in clause (ii), then the Secretary shall reduce the amount of Federal Pell Grant assistance the student is eligible to receive under this section for subsequent academic years by an amount equal to the difference between the total amount the student received under this subparagraph and the total amount the student would have received under this section if this subparagraph had not been applied. ``(II) The Secretary shall reduce the amount of Federal Pell Grant assistance the student is eligible to receive in subsequent academic years by dividing the total amount to be reduced under subclause (I) for the student by the number of years the student received an increased Federal Pell Grant amount under clause (i), and deducting the result from the amount of Federal Pell Grant assistance the student is eligible to receive under this section for a number of subsequent academic years equal to the number of academic years the student received an increased Federal Pell Grant amount under clause (i).''.

Summary: 21st Century Federal Pell Grant Plus Act - Amends the Higher Education Act of 1965 to establish a Federal Pell Grant Plus program that increases, to double the amount calculated for the student, the Federal Pell Grant for those students who pursue programs of study in engineering, mathematics, science, or foreign languages.