SECTION 1. SHORT TITLE. This Act may be cited as the ``FISA Court Reform Act of 2013''. SEC. 2. DEFINITIONS. In this Act: (1) Decision.--The term ``decision'' means a decision, order, or opinion issued by the FISA Court or the FISA Court of Review. (2) FISA.--The term ``FISA'' means the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.). (3) FISA court.--The term ``FISA Court'' means the court established under section 103(a) of FISA (50 U.S.C. 1803(a)). (4) FISA court of review.--The term ``FISA Court of Review'' means the court of review established under section 103(b) of FISA (50 U.S.C. 1803(b)). (5) Office.--The term ``Office'' mean the Office of the Special Advocate established under section (3)(a). (6) Significant construction or interpretation of law.--The term ``significant construction or interpretation of law'' means a significant construction or interpretation of a provision, as that term is construed under section 601(c) of FISA (50 U.S.C. 1871(c)). (7) Special advocate.--The term ``Special Advocate'' means the Special Advocate appointed under section 3(b). SEC. 3. OFFICE OF THE SPECIAL ADVOCATE. (a) Establishment.--There is established in the executive branch as an independent establishment, as defined in section 104 of title 5, United States Code, an Office of the Special Advocate. (b) Special Advocate.-- (1) In general.--The head of the Office is the Special Advocate. (2) Appointment and term.-- (A) Appointment.--The presiding judge of the FISA Court of Review shall appoint the Special Advocate from the list of candidates submitted under subparagraph (B). (B) List of candidates.--The Privacy and Civil Liberties Oversight Board shall submit to the presiding judge of the FISA Court of Review a list of not less than 5 qualified candidates to serve as Special Advocate. (C) Security clearance.--An individual may be appointed Special Advocate without regard to whether the individual possesses a security clearance on the date of the appointment. (D) Term and dismissal.--A Special Advocate shall be appointed for a term of 5 years and may be fired only for good cause shown, including the demonstrated inability to qualify for an adequate security clearance. (E) Reappointment.--There shall be no limit to the number of consecutive terms served by a Special Advocate. The reappointment of a Special Advocate shall be made in the same manner as appointment of a Special Advocate. (F) Acting special advocate.--If the position of Special Advocate is vacant, the presiding judge of the FISA Court of Review may appoint an Acting Special Advocate from among the qualified employees of the Office. If there are no such qualified employees, the presiding judge of the FISA Court of Review may appoint an Acting Special Advocate from the most recent list of candidates provided by the Privacy and Civil Liberties Oversight Board pursuant to subparagraph (B). The Acting Special Advocate shall have all of the powers of a Special Advocate and shall serve until a Special Advocate is appointed. (3) Employees.--The Special Advocate is authorized, without regard to the civil service laws and regulations, to appoint and terminate employees of the Office. (c) Security Clearances.--The appropriate departments, agencies, and elements of the executive branch shall cooperate with the Office, to the extent possible under existing procedures and requirements, to expeditiously provide the Special Advocate and appropriate employees of the Office with the security clearances necessary to carry out the duties of the Special Advocate. (d) Duties and Authorities of the Special Advocate.-- (1) In general.--The Special Advocate-- (A) shall review each application to the FISA Court by the Attorney General; (B) shall review each decision of the FISA Court or the FISA Court of Review issued after the date of the enactment of this Act and all documents and other material relevant to such decision in a complete, unredacted form; (C) shall participate in a proceeding before the FISA Court if appointed to participate by the FISA Court under section 4(a); (D) may request to participate in a proceeding before the FISA Court; (E) shall participate in such a proceeding if such request is granted; (F) may request reconsideration of a decision of the FISA Court under section 4(b); (G) may appeal or seek review of a decision of the FISA Court or the FISA Court of Review under section 5; and (H) shall participate in such appeal or review. (2) Advocacy.--The Special Advocate shall protect individual rights by vigorously advocating before the FISA Court or the FISA Court of Review, as appropriate, in support of legal interpretations that minimize the scope of surveillance and the extent of data collection and retention. (3) Utilization of outside counsel.--The Special Advocate-- (A) may delegate to a competent outside counsel any duty or responsibility of the Special Advocate with respect to participation in a matter before the FISA Court, the FISA Court of Review, or the Supreme Court of the United States; and (B) may not delegate to outside counsel any duty or authority set out in subparagraph (A), (B), (D), (F), or (G) of paragraph (1). (4) Availability of documents and material.--The FISA Court or the FISA Court of Review, as appropriate, shall order any agency, department, or entity to make available to the Special Advocate, or appropriate outside counsel if utilized by the Special Advocate under paragraph (3), any documents or other material necessary to carry out the duties described in paragraph (1). SEC. 4. ADVOCACY BEFORE THE FISA COURT. (a) Appointment To Participate.-- (1) In general.--The FISA Court may appoint the Special Advocate to participate in a FISA Court proceeding. (2) Standing.--If the Special Advocate is appointed to participate in a FISA Court proceeding pursuant to paragraph (1), the Special Advocate shall have standing as a party before the FISA Court in that proceeding. (b) Reconsideration of a FISA Court Decision.-- (1) Authority to move for reconsideration.--The Special Advocate may move the FISA Court to reconsider any decision of the FISA Court made after the date of the enactment of this Act by petitioning the FISA Court not later than 30 days after the date on which all documents and materials relevant to the decision are made available to the Special Advocate. (2) Discretion of the fisa court.--The FISA Court shall have discretion to grant or deny a motion for reconsideration made pursuant to paragraph (1). (c) Amicus Curiae Participation.-- (1) Motion by the special advocate.--The Special Advocate may file a motion with the FISA Court to permit and facilitate participation of amicus curiae, including participation in oral argument if appropriate, in any proceeding. The FISA Court shall have the discretion to grant or deny such a motion. (2) Facilitation by the fisa court.--The FISA Court may, sua sponte, permit and facilitate participation by amicus curiae, including participation in oral argument if appropriate, in proceedings before the FISA Court. (3) Regulations.--Not later than 180 days after the date of the enactment of this Act, the FISA Court shall promulgate rules to provide the public with information sufficient to allow interested parties to participate as amicus curiae. SEC. 5. APPELLATE REVIEW. (a) Appeal of FISA Court Decisions.-- (1) Authority to appeal.--The Special Advocate may appeal any decision of the FISA Court issued after the date of the enactment of this Act not later than 90 days after the date the decision is issued, unless it would be apparent to all reasonable jurists that such decision is dictated by statute or by precedent handed down after such date of enactment. (2) Standing as appellant.--If the Special Advocate appeals a decision of the FISA Court pursuant to paragraph (1), the Special Advocate shall have standing as a party before the FISA Court of Review in such appeal. (3) Mandatory review.--The FISA Court of Review shall review any FISA Court decision appealed by the Special Advocate and issue a decision in such appeal. (4) Standard of review.--The standards for a mandatory review of a FISA Court decision pursuant to paragraph (3) shall be-- (A) de novo with respect to issues of law; and (B) clearly erroneous with respect to determination of facts. (5) Amicus curiae participation.-- (A) In general.--The FISA Court of Review shall accept amicus curiae briefs from interested parties in all mandatory reviews pursuant to paragraph (3) and shall provide for amicus participation in oral argument if appropriate. (B) Regulations.--Not later than 180 days after the date of the enactment of this Act, the FISA Court of Review shall promulgate rules to provide the public with information sufficient to allow interested parties to participate as amicus curiae. (b) Review of FISA Court of Review Decisions.-- (1) Authority.--The Special Advocate may seek a writ of certiorari from the Supreme Court of the United States for review of any decision of the FISA Court of Review. (2) Standing.--In any proceedings before the Supreme Court of the United States relating to a petition of certiorari filed under paragraph (1) and any proceedings in a matter for which certiorari is granted, the Special Advocate shall have standing as a party. SEC. 6. DISCLOSURE. (a) Requirement To Disclose.--The Attorney General shall publicly disclose-- (1) all decisions issued by the FISA Court or the FISA Court of Review after July 10, 2003, that include a significant construction or interpretation of law; (2) any decision of the FISA Court appealed by the Special Advocate pursuant to this Act; and (3) any FISA Court of Review decision that is issued after an appeal by the Special Advocate. (b) Disclosure Described.--For each disclosure required by subsection (a) with respect to a decision, the Attorney General shall make available to the public documents sufficient-- (1) to identify with particularity each legal question addressed by the decision and how such question was resolved; (2) to describe in general terms the context in which the matter arises; (3) to describe the construction or interpretation of any statute, constitutional provision, or other legal authority relied on by the decision; and (4) to indicate whether the decision departed from any prior decision of the FISA Court or FISA Court of Review. (c) Documents Described.--The Attorney General shall satisfy the disclosure requirements in subsection (b) by-- (1) releasing a FISA Court or FISA Court of Review decision in its entirety or as redacted; (2) releasing a summary of a FISA Court or FISA Court of Review decision; or (3) releasing an application made to the FISA Court, briefs filed before the FISA Court or the FISA Court of Review, or other materials, in full or as redacted. (d) Extensive Disclosure.--The Attorney General shall release as much information regarding the facts and analysis contained in a decision described in subsection (a) or documents described in subsection (c) as is consistent with legitimate national security concerns. (e) Timing of Disclosure.-- (1) Decisions issued prior to enactment.--A decision issued prior to the date of the enactment of this Act that is required to be disclosed under subsection (a)(1) shall be disclosed not later than 180 days after the date of the enactment of this Act. (2) FISA court decisions.--The Attorney General shall release FISA Court decisions appealed by the Special Advocate not later than 30 days after the date the appeal is filed. (3) FISA court of review decisions.--The Attorney General shall release FISA Court of Review decisions appealed by the Special Advocate not later than 90 days after the date the appeal is filed. (f) Petition by the Special Advocate.-- (1) Authority to petition.--The Special Advocate may petition the FISA Court or FISA Court of Review to order-- (A) the public disclosure of a decision of such a Court, and documents or other material relevant to such a decision, previously designated as classified information; or (B) the release of an unclassified summary of such decisions and documents. (2) Contents of petition.--Each petition filed under paragraph (1) shall contain a detailed declassification proposal or a summary of the decision and documents that the Special Advocate proposes to have released publicly. (3) Role of the attorney general.-- (A) Copy of petition.--The Special Advocate shall provide to the Attorney General a copy of each petition filed under paragraph (1). (B) Opposition.--The Attorney General may oppose a petition filed under paragraph (1) by submitting any objections in writing to the FISA Court or the FISA Court of Review, as appropriate, not later than 90 days after the date such petition was submitted. (4) Public availability.--Not less than 91 days after receiving a petition under paragraph (1), and taking into account any objections from the Attorney General made under paragraph (3)(B), the FISA Court or FISA Court of Review, as appropriate, shall declassify and make readily available to the public any decision, document, or other material requested in such petition, if such decision, document, or other material pertain to a decision that contains a significant construction or interpretation of law, to the greatest extent possible, consistent with legitimate national security considerations. (5) Effective date.--The Special Advocate may not file a petition under paragraph (1) until 181 days after the date of the enactment of this Act, except with respect to a decision appealed by the Special Advocate. SEC. 7. ANNUAL REPORT TO CONGRESS. (a) Requirement for Annual Report.--The Special Advocate shall submit to Congress an annual report on the implementation of this Act. (b) Contents.--Each annual report submitted under subsection (a) shall-- (1) detail the activities of the Office; (2) provide an assessment of the effectiveness of this Act; and (3) propose any new legislation to improve the functioning of the Office or the operation of the FISA Court or the FISA Court of Review. SEC. 8. PRESERVATION OF RIGHTS. Nothing in this Act shall be construed-- (1) to provide the Attorney General with authority to prevent the FISA Court or FISA Court of Review from declassifying decisions or releasing information pursuant to this Act; and (2) to eliminate the public's ability to secure information under section 552 of title 5, United States Code (commonly known as the ``Freedom of Information Act'') or any other provision of law.

Summary: FISA Court Reform Act of 2013 - Establishes as an independent establishment in the executive branch an Office of the Special Advocate to protect individual rights by advocating in cases before courts established by the Foreign Intelligence Surveillance Act of 1978 (FISA) in support of legal interpretations that minimize the scope of surveillance and the extent of data collection and retention. Directs the presiding judge of the FISA Court of Review to appoint a Special Advocate to serve as the head of such Office from a list of candidates submitted by the Privacy and Civil Liberties Oversight Board. Requires the Special Advocate to: (1) review each application to the FISA Court by the Attorney General and each decision of the FISA Court or the FISA Court of Review, and (2) participate in proceedings before the FISA Court when appointed to participate by such Court. Permits the Special Advocate to request to participate in such proceedings, request reconsideration of FISA Court decisions, and appeal or seek review of FISA Court or FISA Court of Review decisions. Directs such Courts to promulgate rules to provide the public with information sufficient to allow interested parties to participate as amicus curiae. Authorizes the Special Advocate to seek a writ of certiorari from the Supreme Court for review of any decision of the FISA Court of Review. Requires the Attorney General to publicly disclose: (1) all decisions issued by the FISA Court or the FISA Court of Review after July 10, 2003, that include a significant construction or interpretation of law, (2) any decision of the FISA Court appealed by the Special Advocate, and (3) any FISA Court of Review decision issued after an appeal by the Special Advocate. Provides for the release of as much information regarding the facts and analysis in such decisions as is consistent with legitimate national security concerns. Permits the Special Advocate to petition the FISA Court or FISA Court of Review for the public disclosure of decisions and related documents previously designated as classified or for the release of an unclassified summary of such materials.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Benefits Network Act''. SEC. 2. DEPARTMENT OF VETERANS AFFAIRS GRANTS FOR ESTABLISHING COORDINATED NETWORKS OF SERVICES AND RESOURCES FOR VETERANS AND THEIR FAMILIES. (a) In General.--Subchapter II of chapter 5 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 533. Grants for establishing coordinated networks of services and resources for veterans and their families ``(a) In General.--The Secretary may make a grant to an eligible entity for the purpose of establishing or expanding a regional technology system to provide an active database and enrollment system that can be used by a coordinated network of private, public, and non- profit entities to assist veterans and their family members in applying for benefits and services offered by such entities that participate in the network. ``(b) Eligible Entities.--To be eligible to receive a grant under this section, an entity shall-- ``(1) be a State or local government, a regional council of governments, or a private entity; and ``(2) submit to the Secretary an application containing-- ``(A) a description of the credentialing system the entity intends to use to determine which service providers will be eligible for inclusion in the network established using the grant that ensures such providers meet the requirements under subsection (c)(3); and ``(B) such other information and assurances as the Secretary may require. ``(c) Use of Funds.-- ``(1) In general.--The recipient of a grant under this section shall use the grant to establish a coordinated network of private, public, and nonprofit services and resources, as described in paragraph (2), for veterans and their families designed to-- ``(A) facilitate awareness and understanding of benefits that are available to members of the Armed Forces, veterans, and their family members who are eligible for benefits; ``(B) use best practices to maximize outreach to veterans and family members who are eligible for benefits; and ``(C) have the capacity to be replicated at other locations or regional networks. ``(2) Services and resources.--The services and resources included in the networks established using grants under this section may include-- ``(A) education; ``(B) employment; ``(C) family support and recreation; ``(D) health care; ``(E) mental health and behavioral counseling; ``(F) substance abuse counseling; ``(G) housing; ``(H) financial assistance; ``(I) legal assistance; ``(J) public benefit support; ``(K) benefits under the laws administered by the Secretary; and ``(L) such other services and resources as the Secretary determines appropriate. ``(3) Criteria for service providers.--In order to be eligible for inclusion in a network established using a grant under this section, a service provider shall-- ``(A) demonstrate the capacity, experience, and expertise required to participate in the network; and ``(B) enter into an agreement with the entity that receives the grant that ensures that the provider will not-- ``(i) input the personal information of a veteran or veteran's family member into the coordinated network without receiving the informed consent and authorization of the veteran or family member; or ``(ii) use such personal information in any manner or for any purpose other than the performance of the services in compliance with the coordinated network. ``(d) Priority in Awarding Grants.--In awarding grants under this section, the Secretary shall give priority to an eligible entity that provides services to individuals residing in a geographic area where a large number of veterans and members of the Armed Forces reside, as determined by the Secretary. ``(e) Deadline for Use of Funds.--The Secretary shall provide, as a condition of awarding a grant under this section to an eligible entity, that the eligible entity must use the grant before the expiration of the two-year period that begins on the date on which the eligible entity receives the grant. If a grant recipient has not used the grant before the expiration of such period, the Secretary may recover from the eligible entity the unused amount of the grant funds. ``(f) Cost-Sharing.--As a condition on the provision of funds under this section to an eligible entity, the eligible entity must agree to contribute an amount, derived from non-Federal sources, equal to at least 50 percent of the funds provided by the Secretary of Veterans Affairs to the eligible entity under this section. ``(g) Availability of Funds.--The Secretary shall use amounts otherwise made available for the Veterans Benefits Administration to make grants under this section. ``(h) Outreach.--The Secretary shall use the authority of the Secretary to advertise in the national media under section 532 of this title to inform veterans, members of the Armed Forces, and their families about the networks established using grants under this section. ``(i) Report to Congress.--The Secretary shall submit to Congress an annual report on the administration of the grant program under this section. Each such report shall include a description of how grant recipients used funds awarded under this section.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 532 the following new item: ``533. Grants for establishing coordinated networks of services and resources for veterans and their families.''.

Summary: Veterans Benefits Network Act This bill authorizes the Department of Veterans Affairs to make a grant to an eligible entity to establish or expand a regional technology system to provide an active database and enrollment system that can be used by a network of private, public, and non-profit entities to assist veterans and their family members in applying for benefits and services offered by such entities.


SECTION 1. PROCEDURES ON DEFAULT OF HOUSING LOANS. (a) In General.--Paragraph (2) of section 3732(a) of title 38, United States Code, is amended to read as follows: ``(2)(A) Before suit or foreclosure the holder of the obligation shall notify the Secretary of the default. Before the holder carries out a liquidation sale of real property securing a defaulted loan, the Secretary within 60 days after notification of default may, at the Secretary's option, pay the holder of the obligation the unpaid balance of the obligation plus accrued interest and reimburse the holder for such advances, costs, and attorney fees as the Secretary finds were properly and reasonably incurred in connection with the default and receive an assignment of the loan and security. Nothing in this section shall preclude any forebearance for the benefit of the mortgagor as may be agreed upon by the parties to the loan and approved by the Secretary. ``(B) Within 10 days after receiving a notice of default pursuant to paragraph (1) of this subsection, the Secretary shall notify the mortgagor that the Secretary may purchase the loan from the holder. The notification shall specify-- ``(i) that if the Secretary purchases the loan, the Secretary-- ``(I) has the authority to modify the loan instruments by temporarily or permanently lowering the interest rate or by extending or reamortizing the loan; and ``(II) may grant forbearance of interest or principal or both for a period of not more than 12 months; ``(ii) that if the mortgagor wants the Secretary to purchase the loan, the mortgagor must submit a written request to the Secretary within 20 days of receipt of the Secretary's notification; and ``(iii) the consequences to the mortgagor if the Secretary purchases the loan. ``(C) Upon receiving a request from the mortgagor to purchase the loan pursuant to subparagraph (B) of this paragraph, the Secretary, for the purpose of avoiding foreclosure, may purchase the loan in accordance with subparagraph (A). The Secretary shall purchase the loan from the holder of the obligation if-- ``(i) the default was caused by circumstances beyond the control of the mortgagor and rendered the mortgagor temporarily unable to correct a mortgage delinquency and to resume full mortgage payments; and ``(ii) it is determined that-- ``(I) the holder is unwilling to grant further forbearance; ``(II) the mortgagor desires to retain and occupy the property; ``(III) the mortgagor has maintained the property in good condition or, if major repairs are required, such repairs are due to circumstances which were beyond the mortgagor's control; ``(IV) the estimated net value of the property exceeds the unguaranteed portion of the loan; and ``(V) there is a reasonable prospect that the mortgagor will be able to resume mortgage payments within 12 months after the Secretary purchases the loan. ``(D) The Secretary may provide assistance, under such terms and conditions as the Secretary may provide, to a mortgagor whose loan has been purchased under the provisions of subparagraph (C) of this paragraph by-- ``(i) modifying the loan instruments to lower the interest rate or to extend or to reamortize the loan; and ``(ii) granting forbearance of interest or principal or both for a period of not more than 12 months. ``(E) If the Secretary decides not to purchase the loan-- ``(i) the Secretary shall notify the mortgagor of the decision and its basis within 30 days after receiving a written request from the mortgagor asking the Secretary to purchase the loan pursuant to subparagraph (C) of this paragraph; and ``(ii) if the mortgagor is a veteran and used the veteran's entitlement under section 3702 to obtain the loan or substituted entitlement as described in section 3702(b)(2) to purchase real property securing a loan guaranteed under this chapter, notice under clause (i) shall include notice of the right of appeal. ``(F) The Secretary shall obtain and hold in safekeeping a quit claim deed from the mortgagor to the Secretary for the real property securing the loan after the loan is purchased from the loan holder and before the Secretary makes any modification to the loan instruments or grants any forbearance. If the mortgagor brings the loan current and keeps the loan current for 12 consecutive months, the unrecorded quit claim deed shall be returned to the mortgagor. If, exclusive of any period of forbearance, the loan becomes 6 months delinquent, the Secretary may record the quit claim deed and acquire the property securing the loan without incurring substantial delays and foreclosure expenses. Nothing in this section shall preclude the Secretary from initiating foreclosure before the loan becomes 6 months delinquent if the Secretary believes it is in the best interest of the United States to do so. ``(G) For the purposes of sections 3720(e) and (h), loans purchased pursuant to subparagraph (C) that are not in default and that have not been in default for at least 12 consecutive months shall be included in pools of mortgage loans with respect to which certificates or other securities are issued or guaranteed.''. (b) Personnel.--Section 3732(a)(4) of title 38, United States Code, is amended-- (1) by striking out subparagraph (B); and (2) in paragraph (4) (as amended by paragraph (1) of this subsection), by striking out ``(A)''; (3) in paragraph (4) (as amended by paragraph (2) of this subsection)-- (A) by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively; and (B) by redesignating subclauses (I) and (II) as clauses (i) and (ii), respectively. (c) Extension of Procedure for Liquidation Sales.--Subsection (c) section 3732(c) of title 38, United States Code, is amended by striking out paragraph (11). (d) Effective Date.--The amendments made by subsection (a) shall apply to any housing loan guaranteed under chapter 37 of title 38, United States Code, with respect to which the Secretary of Veterans Affairs receives notice of default after the date of enactment of this Act.

Summary: Revises provisions with respect to the loan default procedure for veterans' housing loans guaranteed by the Department of Veterans Affairs. Authorizes the Secretary of Veterans Affairs to reimburse the holder of the loan obligation for such advances, costs, and attorney's fees properly and reasonably incurrred in connection with the default and to receive an assignment of the loan and security. Directs the Secretary to notify the mortgagor, within ten days after receiving a notice of default from the veteran, that the Secretary may purchase the loan from the holder. Outlines notification and loan purchase requirements. Directs the Secretary to obtain and hold a quitclaim deed from the mortgagor to the Secretary for the real property securing the loan after the loan is purchased from the loan holder and before the Secretary makes any modifications to the loan instruments or grants any forbearance. Allows such unrecorded quitclaim deed to be returned to the mortgagor if the mortgagor brings the loan current and keeps it current for 12 consecutive months. Makes permanent all such loan default procedures (currently terminated as of December 31, 1992).


SECTION 1. SHORT TITLE. This Act may be cited as the ``Ending Homelessness Act of 2016''. SEC. 2. CONGRESSIONAL FINDINGS. The Congress finds that-- (1) although the United States has experienced a reduction in veteran homelessness after a surge of new Federal funding targeted to homeless veterans starting in fiscal year 2008, major progress towards the national goals for ending homelessness in our Nation has virtually stalled in the absence of increased funding; (2) according to the Department of Housing and Urban Development's 2015 point-in-time count, there were 564,708 people experiencing homelessness in the United States on any given night, including 83,170 chronically homeless individuals; (3) between 2014 and 2015, homelessness among major city Continuum of Care programs, which account for 48 percent of all homeless people in the U.S., increased by 3 percent; (4) homelessness in many major cities has reached crisis proportions and some cities have declared that homelessness has reached a state of emergency; and (5) the Federal Government must renew its commitment to the national goals to end homelessness. SEC. 3. EMERGENCY RELIEF FUNDING. Title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11360 et seq) is amended-- (1) by redesignating section 491 (42 U.S.C. 11408; relating to rural housing stability grant program) as section 441; (2) by redesignating section 592 (42 U.S.C. 11408a; relating to use of FMHA inventory for transitional housing for homeless persons and for turnkey housing) as section 442; and (3) by adding at the end the following new subtitle: ``Subtitle E--5-Year Path To End Homelessness ``SEC. 451. EMERGENCY RELIEF FUNDING. ``(a) Direct Appropriations.--There is appropriated out of any money in the Treasury not otherwise appropriated for each of fiscal years 2017 through 2021, $1,000,000,000, to remain available until expended, for emergency relief grants under this section to address the unmet needs of homeless populations in jurisdictions with the highest need. ``(b) Formula Grants.-- ``(1) Allocation.--Amounts appropriated under subsection (a) for a fiscal year shall be allocated among collaborative applicants that comply with section 402, in accordance with the funding formula established under paragraph (2) of this subsection. ``(2) Formula.--The Secretary shall, in consultation with the United States Interagency Council on Homeless, establish a formula for allocating grant amounts under this section to address the unmet needs of homeless populations in jurisdictions with the highest need, using the best currently available data that targets need based on key structural determinants of homelessness in the geographic area represented by a collaborative applicant, which shall include data providing accurate counts of-- ``(A) the poverty rate in the geographic area represented by the collaborative applicant; ``(B) shortages of affordable housing for low-, very low-, and extremely low-income households in the geographic area represented by the collaborative applicant; ``(C) the number of overcrowded housing units in the geographic area represented by the collaborative applicant; ``(D) the number of unsheltered homeless individuals and the number of chronically homeless individuals; and ``(E) any other factors that the Secretary considers appropriate. ``(3) Grants.--For each fiscal year for which amounts are made available under subsection (a), the Secretary shall make a grant to each collaborative applicant for which an amount is allocated pursuant to application of the formula established pursuant to paragraph (2) of this subsection in an amount that is equal to the formula amount determined for such collaborative applicant. ``(4) Timing.-- ``(A) Formula to be devised swiftly.--The funding formula required under paragraph (2) shall be established not later than 60 days after the date of enactment of this section. ``(B) Distribution.--Amounts appropriated or otherwise made available under this section shall be distributed according to the funding formula established pursuant to paragraph (2) not later than 30 days after the establishment of such formula. ``(c) Use of Grants.-- ``(1) In general.--Subject to paragraphs (2) through (4), a collaborative applicant that receives a grant under this section may use such grant amounts only for eligible activities under section 415, 423, or 441(b). ``(2) Permanent supportive housing requirement.-- ``(A) Requirement.--Except as provided in subparagraph (B), each collaborative applicant that receives a grant under this section shall use not less than 75 percent of such grant amount for permanent supportive housing, including capital costs, rental subsidies, and services. ``(B) Exemption.--The Secretary shall exempt a collaborative applicant from the applicability of the requirement under subparagraph (A) if the applicant demonstrates, in accordance with such standards and procedures as the Secretary shall establish, that-- ``(i) chronic homelessness has been functionally eliminated in the geographic area served by the applicant; or ``(ii) the permanent supportive housing under development in the geographic area served by the applicant is sufficient to functionally eliminate chronic homelessness once such units are available for occupancy. The Secretary shall consider and make a determination regarding each request for an exemption under this subparagraph not later than 60 days after receipt of such request. ``(3) Limitation on use for administrative expenses.--Not more than 5 percent of the total amount of any grant under this section to a collaborative applicant may be used for costs of administration. ``(4) Housing first requirement.--The Secretary shall ensure that each collaborative applicant that receives a grant under this section is implementing, to the extent possible, and will use such grant amounts in accordance with, a Housing First model for assistance for homeless persons. ``(d) Renewal Funding.--Expiring contracts for leasing, rental assistance, or permanent housing shall be treated, for purposes of section 429, as expiring contracts referred to in subsection (a) of such section. ``(e) Reporting to Congress.-- ``(1) Initial report.--Not later than September 1, 2016, the Secretary and the United States Interagency Council on Homelessness shall submit a report to the Committees on Financial Services and Appropriations of the House of Representatives and the Committees on Banking, Housing, and Urban Affairs and Appropriations of the Senate describing the design and implementation of the grant program under this section, which shall include the formula required by subsection (b)(2). ``(2) Semiannual status reports.-- ``(A) Reports to congress.--The Secretary and the United States Interagency Council on Homelessness shall submit reports to the Committees specified in paragraph (1) semiannually describing the operation of the grant program under this section during the preceding 6 months, including identification of the grants made and a description of the activities funded with grant amounts. ``(B) Collection of information by secretary.--The Secretary shall require each collaborative applicant that receives a grant under this section to submit such information to the Secretary as may be necessary for the Secretary to comply with the reporting requirement under subparagraph (A). ``SEC. 452. SPECIAL PURPOSE VOUCHERS. ``(a) Direct Appropriation.--There is appropriated out of any money in the Treasury not otherwise appropriated for each of fiscal years 2017 through 2021, $500,000,000, to remain available until expended, which shall be used as follows: ``(1) Rental assistance.--Except as provided in paragraph (2), such amount shall be used for incremental assistance for rental assistance under section 8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)) for persons and households who are homeless (as such term is defined in section 103 (42 U.S.C. 11302)), which assistance shall be in addition to such assistance provided pursuant to renewal of expiring contracts for such assistance. ``(2) Administrative fees.--The Secretary may use not more than 10 percent of such amounts provided for each fiscal year for administrative fees under 8(q) of the United States Housing Act of 1937 (42 U.S.C. 1437f(q)). The Secretary shall establish policies and procedures to provide such fees to the extent necessary to assist homeless persons and families on whose behalf rental assistance is provided to find and maintain suitable housing. ``(b) Allocation.--The Secretary shall make assistance provided under this section available to public housing agencies based on geographical need for such assistance by homeless persons and households, as identified by the Secretary, public housing agency administrative performance, and other factors as specified by the Secretary. ``(c) Availability.--Assistance made available under this section shall continue to remain available only for homeless persons and households upon turn-over. ``(d) Renewal Funding.--Renewal of expiring contracts for rental assistance provided under subsection (a) and for administrative fees under such subsection shall, to the extent provided in appropriation Acts, be funded under the section 8 tenant-based rental assistance account. ``(e) Waiver Authority.--Upon a finding by the Secretary that a waiver or alternative requirement pursuant to this subsection is necessary to ensure that homeless persons and households can obtain housing using rental assistance made available under this section, the Secretary may waive, or specify alternative requirements for, any provision of any statute or regulation that the Secretary administers in connection with the use of funds made available under this section (except for requirements related to fair housing, nondiscrimination, labor standards, and the environment) that relates to screening of applicants for assistance, admission of applicants, and selection of tenants. The Secretary shall require public housing agencies receiving rental assistance funding made available under this section to take all reasonable actions to help assisted persons and families avoid subsequent homelessness. ``SEC. 453. OUTREACH FUNDING. ``(a) Direct Appropriation.--There is appropriated out of any money in the Treasury not otherwise appropriated for each of fiscal years 2017 through 2021, $100,000,000, to remain available until expended, to the Secretary for grants under this section to provide outreach and coordinate services for persons and households who are homeless or formerly homeless. ``(b) Grants.-- ``(1) In general.--The Secretary shall make grants under this section on a competitive basis only to collaborative applicants who comply with section 402. ``(2) Priority.--The competition for grants under this section shall provide priority to collaborative applicants who submit plans to make innovative and effective use of staff funded with grant amounts pursuant to subsection (c). ``(c) Use of Grants.--A collaborative applicant that receives a grant under this section may use such grant amounts only for providing case managers, social workers, or other staff who conduct outreach and coordinate services for persons and households who are homeless or formerly homeless. ``(d) Timing.-- ``(1) Criteria to be established swiftly.--The Secretary shall establish the criteria for the competition for grants under this section required under subsection (b) not later than 60 days after the date of enactment of this section. ``(2) Distribution.--Amounts appropriated or otherwise made available under this section shall be distributed according to the competition established by the Secretary pursuant to subsection (b) not later than 30 days after the establishment of such criteria.''. SEC. 4. HOUSING TRUST FUND. (a) Annual Funding.--There is appropriated, out of any money in the Treasury not otherwise appropriated, for fiscal year 2017 and each fiscal year thereafter, $1,000,000,000, to remain available until expended, which shall be credited to the Housing Trust Fund established pursuant to section 1338 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 4568) for use under such section. (b) Rental Assistance.--There is appropriated, out of any money in the Treasury not otherwise appropriated, for fiscal year 2017 and each fiscal year thereafter, $50,000,000, to remain available until expended, for incremental project-based voucher assistance or project- based rental assistance, to be allocated to States pursuant to the formula established under section 1338 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 4568), to be used solely in conjunction with grant funds awarded under such section 1338. (c) Tenant Rent Contribution.-- (1) Limitation.--Subparagraph (A) of section 1338(c)(7) of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 4568(c)(7)(A)) is amended-- (A) by striking ``except that not less than 75 percent'' and inserting the following: ``except that-- ``(i) not less than 75 percent''; (B) by adding at the end the following new clause: ``(ii) notwithstanding any other provision of law, all rental housing dwelling units shall be subject to legally binding commitments that ensure that the contribution toward rent by a family residing in the dwelling unit shall not exceed 30 percent of the adjusted income (as such term is defined in section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b))) of such family; and''. (2) Regulations.--The Secretary of Housing and Urban Development shall issue regulations to implement section 1338(c)(7)(A)(ii) of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992, as added by the amendment made by paragraph (1)(B) of this section, not later than the expiration of the 90-day period beginning on the date of the enactment of this Act. SEC. 5. TECHNICAL ASSISTANCE FUNDS TO HELP STATES AND LOCAL ORGANIZATIONS ALIGN HEALTH AND HOUSING SYSTEMS. (a) Funding.--There is hereby made available to the Secretary of Housing and Urban Development $20,000,000, to remain available until expended, for providing technical assistance under section 405 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11361(b)) in connection with expanding the Healthcare and Housing (H2) Systems Integration Initiative of the Secretary of Housing and Urban Development, in collaboration with the United States Interagency Council on Homelessness and the Secretary of Health and Human Services. (b) Use.--In expanding the Initiative referred to in subsection (a), the Secretary shall seek to-- (1) assist States and localities in integrating and aligning policies and funding between Medicaid programs, behavioral health providers, and housing providers to create supportive housing opportunities; and (2) engages State Medicaid program directors, Governors, State housing and homelessness agencies, any other relevant State offices, and any relevant local government entities, to assist States in increasing use of their Medicaid programs to finance supportive services for homeless persons. (c) Priority.--In using amounts made available under this section, the Secretary shall give priority to use for States and localities having the highest numbers of chronically homeless persons. SEC. 6. PERMANENT AUTHORIZATION OF APPROPRIATIONS FOR MCKINNEY-VENTO HOMELESS ASSISTANCE ACT GRANTS. Section 408 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11364) is amended to read as follows: ``SEC. 408. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this title such sums as may be necessary for each fiscal year.''. SEC. 7. PERMANENT EXTENSION OF UNITED STATES INTERAGENCY COUNCIL ON HOMELESSNESS. Section 209 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11319) is hereby repealed. SEC. 8. EMERGENCY DESIGNATION. (a) In General.--The amounts provided by this Act, and the amendments made by this Act, are designated as an emergency requirement pursuant to section 4(g) of the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 933(g)). (b) Designation in Senate.--In the Senate, this Act and the amendments made by this Act are designated as an emergency requirement pursuant to section 403(a) of S. Con. Res. 13 (111th Congress), the concurrent resolution on the budget for fiscal year 2010.

Summary: Ending Homelessness Act of 2016 This bill amends the McKinney-Vento Homeless Assistance Act to make additional FY2017-FY2021 appropriations available for: (1) emergency relief grants to address the unmet needs of homeless populations in jurisdictions with the highest need, (2) rental assistance under the United States Housing Act of 1937 for persons and households who are homeless, and (3) homeless outreach and coordination services. Beginning in FY2017, the bill also provides annual additional funds for: (1) the Housing Trust Fund to provide grants to states for use to increase homeownership and the supply of rental housing for extremely low- and very low-income families, including homeless families; and (2) incremental project-based voucher or rental assistance under the Federal Housing Enterprises Financial Safety and Soundness Act of 1992. When the Department of Housing and Urban Development (HUD) allocates grants to states from the Housing Trust Fund for rental housing, the dwelling units must be subject to legally binding commitments to ensure that the residing family's contribution toward rent does not exceed 30% of the family's adjusted income. The bill provides funding to HUD to expand the Healthcare and Housing (H2) Systems Integration Initiative by assisting states and localities in coordinating policies among Medicaid programs, behavioral health providers, housing providers, and finance support services for homeless persons. The bill also makes permanent: (1) certain housing assistance programs under the Homeless Assistance Act, and (2) the U.S. Interagency Council on Homelessness.


SECTION 1. SHORT TITLE. This Act may be cited as the ``National Immunization Improvement Act of 1993''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1) 90 percent of all children under the age of 2 receive at least one vaccination yet only 40 to 60 percent of these children receive a complete set of vaccinations; (2) the low immunization rate for children stems from inadequate immunization delivery systems and a lack of public education concerning the risks related to the nonimmunization of children; and (3) government health care programs must coordinate their activities in order to increase immunization rates. (b) Purpose.--It is the purpose of this Act to-- (1) assist the States in developing State systems to monitor the immunization status of children in order to ensure that these children are provided with the recommended number of vaccinations; (2) in cooperation with the States, improve the immunization delivery system and expand outreach and awareness efforts to ensure that every child under 2 years of age is properly immunized; (3) provide for increased coordination among Federal programs in order to improve immunization rates; (4) encourage increased coordination among Federal, State and private programs to improve immunization rates; and (5) make certain revisions with respect to the Vaccine Injury Compensation Program. SEC. 3. AMENDMENT TO PUBLIC HEALTH SERVICE ACT. (a) Improved Immunization.--Subtitle 2 of title XXI of the Public Health Service Act (42 U.S.C. 300aa-1 et seq.) is amended-- (1) by redesignating part D as part E; (2) by redesignating sections 2131 through 2134 as sections 2151 through 2154, respectively; and (3) by inserting after part C, the following new part: ``Part D--Improved Immunization Efforts ``SEC. 2131. VOLUNTARY STATE REGISTRY GRANT PROGRAM. ``(a) In General.--Not later than 1 year after the date of enactment of this part, the Secretary shall establish a program under which the Secretary may award grants to States to enable such States to develop and operate computerized State registries to collect, track and monitor immunization data with respect to children residing within such States as described in subsection (c). ``(b) Application.--To be eligible to receive a grant under subsection (a), a State shall prepare and submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. Such application shall include a plan to ensure that necessary immunization information is provided to the State registry. ``(c) Data.-- ``(1) Data set and standards.--The Secretary shall develop a minimum uniform data set and data standards applicable to State registries developed under this section, in order to allow compatibility between States. ``(2) Design.--A State immunization tracking and surveillance registry established under subsection (a) shall be designed to collect immunization information on each child residing within the State from the time that each such child is born, and track the immunization records of each such child as they grow older. The registry shall contain at least the following information with respect to each child residing within the State: ``(A) The name, address and date of birth of the child. ``(B) The complete immunization history of the child. ``(C) The type and lot numbers of each vaccine provided to the child. ``(D) The name and address of each health care provider providing a vaccination to the child. ``(E) Identifying data that is sufficient to enable the registry to locate the child for purposes of conducting immunization notification activities concerning the child. ``(F) Information designed to monitor the safety and effectiveness of vaccines by linking vaccine dosage information with adverse events reporting and disease outbreak patterns, including events reported by petitioners under parts A or B. ``(d) Technical Assistance.--The Secretary shall provide technical assistance to States for the development of State registries under this section. ``(e) Reporting.--Each State that receives a grant under this section shall annually prepare and submit to the Secretary a report concerning the progress made by the State in operating a State registry under the grant. ``(f) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section, $150,000,000 for fiscal year 1995, and such sums as may be necessary for each of the fiscal years 1995 through 1999. ``SEC. 2132. IMPROVED IMMUNIZATION DELIVERY, OUTREACH AND EDUCATION. ``(a) Required Activities.--The Secretary, acting through the Centers for Disease Control and Prevention and in conjunction with State health officials and other appropriate public and private organizations, shall conduct the following activities to improve Federal, State and local vaccines delivery systems and immunization outreach and education efforts: ``(1) Immunization educational materials for providers.-- Not later than 1 year after the date of enactment of this part, the Secretary, in conjunction with State health officials and other appropriate public and private organizations, shall develop and disseminate standard immunization educational materials for providers, including-- ``(A) a list of basic recommended vaccines and the schedules for immunizing children with such vaccines; ``(B) recommended criteria for the administration of vaccines; ``(C) recommended criteria for determining when vaccines should not be administered; ``(D) recommended criteria for the screening of children prior to immunization; ``(E) informed consent materials consistent with those required under section 2126(c); and ``(F) any other information determined appropriate by the Secretary. ``(2) National public awareness campaign.-- ``(A) In general.--The Secretary, in conjunction with State health officials and other appropriate public and private organizations, shall develop and implement a National Immunization Public Awareness Campaign to assist parents (through bilingual means if necessary) of children under the age of 2 years, and expectant parents, in obtaining knowledge concerning the importance of having their children immunized and in identifying the vaccines, schedules for immunization, and vaccine provider locations, appropriate with respect to their children. ``(B) Implementation.--In implementing the Campaign under subparagraph (A), the Secretary shall ensure that-- ``(i) new and innovative methods are developed and utilized to publicly advertise the need to have children immunized in a timely manner; ``(ii) print, radio and television media are utilized to convey immunization information to the public; and ``(iii) with respect to immunization information, efforts are made to target pregnant women and the parents of children under the age of 2. ``(3) Interagency committee on immunization.--The Secretary, in conjunction with the Secretary of Agriculture, the Secretary of Housing and Urban Development, and the Secretary of Education, shall carry out activities through the Interagency Committee on Immunization to incorporate immunization status assessments and referral services as an integral part of the process by which individuals apply for assistance under-- ``(A) the food stamp program under the Food Stamp Act of 1977; ``(B) section 17 of the Child Nutrition Act of 1966; ``(C) the Head Start Act; ``(D) part A of title IV of the Social Security Act; ``(E) title XIX of the Social Security Act; ``(F) any of the housing assistance laws of the United States; and ``(G) other programs determined appropriate by any of the Secretaries described in this paragraph. ``(4) Outreach activities.--The Secretary shall conduct immunization outreach activities, including-- ``(A) conducting research concerning alternative delivery systems (such as mobile immunization clinics); ``(B) utilization of National Health Service Corps members and other measures to conduct immunization outreach activities in medically underserved areas and for medically underserved populations; ``(C) conducting research concerning the implementation of innovative methods to-- ``(i) contact parents or legal guardians concerning their children's immunization status; ``(ii) refer such parents or legal guardians to immunization providers; and ``(iii) conduct follow-up activities concerning the immunization status of children affected by the activities conducted under this subparagraph; ``(D) the coordination of vaccine outreach and education activities with other Federal, State and local programs to encourage parents to have their children immunized; and ``(E) any other activities determined appropriate by the Secretary. ``(b) Immunization Action Plans.-- ``(1) Grants.-- ``(A) In general.--The Secretary may award grants to States to enable such State to develop, revise and implement immunization action plans as described in paragraph (2). ``(B) Application.--To be eligible to receive a grant under subparagraph (A), a State shall prepare and submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. ``(2) Design.--A State immunization action plan shall be designed to improve immunization delivery, outreach, education and coordination within the State. Such plan shall provide for the creation of-- ``(A) a vaccine provider education campaign under which standard immunization criteria developed under subsection (a)(1), and any other materials determined to be appropriate by State health officials, will be distributed to immunization providers-- ``(i) to enable such providers to make the best use of vaccination opportunities; and ``(ii) to educate such providers concerning their obligation to report immunization information with respect to their patients to State registries; ``(B) expanded immunization delivery through-- ``(i) increasing the number or type of facilities through which vaccines may be made available; ``(ii) developing alternative methods of delivering vaccines, such as mobile health clinics or through programs of the type described in subsection (a)(5); or ``(iii) increasing the number of hours during which vaccines are made available by providers within the State; except that, the Secretary may waive the requirements of this subparagraph if the Secretary determines that State immunization delivery efforts are sufficient; ``(C) population-based assessment criteria through which the State is able to assess the effectiveness of immunization activities in the State; ``(D) a public awareness campaign, in conjunction with the National Campaign established under subsection (a)(2), to provide parents with information concerning the types and schedules for the administration of vaccines, and the locations of vaccines providers; ``(E) coordination of outreach activities with other public or private health programs to encourage parents to have their children immunized; and ``(F) significant collaboration with private entities in achieving the goals of the plan. ``(3) Immunization action plan approval.-- ``(A) Goals.--As part of the immunization action plan of a State, the State shall establish immunization rate goals for children residing within the State. ``(B) Approval.--The immunization action plan developed by a State under this subsection shall be submitted to the Secretary for approval prior to the distribution of grant funds to the States under this subsection. The Secretary shall periodically review the progress that the State has made under such plan in achieving the goals established under subparagraph (A). ``(C) Reporting.--A State shall annually prepare and submit to the Director of the Centers for Disease Control and Prevention a report concerning the implementation of the State immunization action plan. If the Director or the Secretary, in reviewing the reports submitted under this subparagraph determine that the State has not made sufficient progress towards achieving the goals established under subparagraph (A), the Secretary may reduce the State's grant funds. ``SEC. 2133. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out 2132(b), $200,000,000 for fiscal year 1994, and such sums as may be necessary for each of the fiscal years 1995 through 1999.''. (b) Simplification of Informed Consent Materials.--Section 2126(c) of the Public Health Service Act (42 U.S.C. 300aa-26(c)) is amended-- (A) in the matter preceding paragraph (1), by inserting ``shall be based on available data and information,'' after ``such materials''; and (B) by striking out ``include--'' and all that follows through the paragraph (10) and inserting in lieu thereof ``include a concise description of the benefits and the risks of the vaccines and a statement of the availability of the National Vaccine Injury Compensation Fund.''.

Summary: National Immunization Improvement Act of 1993 - Amends the Public Health Service Act to require the Secretary of Health and Human Services to establish a program to award grants to States for the development and operation of computerized State registries to collect, track, and monitor immunization data with respect to children. Authorizes appropriations. Requires the Secretary to conduct specified activities to improve Federal, State, and local vaccine delivery systems and immunization outreach and education efforts. Authorizes appropriations.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Southern Sea Otter Recovery and Research Act''. SEC. 2. SOUTHERN SEA OTTER RECOVERY AND RESEARCH PROGRAM. (a) In General.--The Secretary of the Interior, acting through the United States Fish and Wildlife Service and the United States Geological Survey, shall carry out a recovery and research program for southern sea otter populations along the coast of California, informed by the prioritized research recommendations of the Final Revised Recovery Plan for the southern sea otter (Enhydra lutris nereis) published by the United States Fish and Wildlife Service and dated February 24, 2003, the Research Plan for California Sea Otter Recovery issued by the United States Fish and Wildlife Service Southern Sea Otter Recovery Implementation Team and dated March 2, 2007, and any other recovery, research, or conservation plan adopted by the United States Fish and Wildlife Service after the date of enactment of this Act in accordance with otherwise applicable law. The Recovery and Research Program shall include the following: (1) Monitoring, analysis, and assessment of southern sea otter population demographics, health, causes of mortality, and life history parameters, including range-wide population surveys. (2) Development and implementation of measures to reduce or eliminate potential factors limiting southern sea otter populations that are related to marine ecosystem health or human activities. (b) Reappointment of Recovery Implementation Team.--Not later than one year after the date of enactment of this Act, the Secretary shall appoint persons to a southern sea otter recovery implementation team as authorized under section 4(f)(2) of the Endangered Species Act of 1973 (16 U.S.C. 1533(f)(2)). (c) Southern Sea Otter Research and Recovery Grants.-- (1) Grant authority.--The Secretary shall establish a peer- reviewed, merit-based process to award competitive grants for research regarding southern sea otters and for projects assisting the recovery of southern sea otter populations. (2) Peer review panel.--The Secretary shall establish as necessary a peer review panel to provide scientific advice and guidance to prioritize proposals for grants under this subsection. (3) Research grant subjects.--Research funded with grants under this subsection shall be in accordance with the research recommendations of any plan referred to in subsection (a), and may include the following topics: (A) Causes of sea otter mortality. (B) Southern sea otter demographics and natural history. (C) Effects and sources of pollutants, nutrients, and toxicants on southern sea otters and sequestration of contaminants. (D) Effects and sources of infectious diseases and parasites affecting southern sea otters. (E) Limitations on the availability of food resources for southern sea otters and the impacts of food limitation on southern sea otter carrying capacity. (F) Interactions between southern sea otters and coastal fisheries and other human activities in the marine environment. (G) Assessment of the keystone ecological role of sea otters in southern and central California's coastal marine ecosystems, including both the direct and indirect effects of sea otter predation, especially as these effects influence human welfare, resource utilization, and ecosystem services. (H) Assessment of the adequacy of emergency response and contingency plans. (4) Recovery project subjects.--Recovery projects funded with grants under this subsection shall be conducted in accordance with recovery recommendations of any plan referred to in subsection (a), and may include projects to-- (A) protect and recover southern sea otters; (B) reduce, mitigate, or eliminate potential factors limiting southern sea otter populations that are related to human activities, including projects to-- (i) reduce, mitigate, or eliminate factors contributing to mortality, adversely affecting health, or restricting distribution and abundance; and (ii) reduce, mitigate, or eliminate factors that harm or reduce the quality of southern sea otter habitat or the health of coastal marine ecosystems; and (C) implement emergency response and contingency plans. (d) Report.--The Secretary shall-- (1) within 12 months after the date of enactment of this Act, report to Congress on-- (A) the status of southern sea otter populations; (B) implementation of the Recovery and Research Program and the grant program; and (C) any relevant formal consultations conducted under section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536) with respect to the southern sea otter; and (2) within 24 months after the date of enactment of this Act and every 5 years thereafter, and in consultation with a southern sea otter recovery implementation team (if any) that is otherwise being utilized by the Secretary under section 4(f) of the Endangered Species Act of 1973 (16 U.S.C. 1533(f)), report to Congress and the public on-- (A) an evaluation of southern sea otter health, causes of southern sea otter mortality, and the interactions of southern sea otters with California's coastal marine ecosystems; (B) an evaluation of actions taken to improve southern sea otter health, reduce southern sea otter mortality, and improve southern sea otter habitat; (C) recommendation for actions, pursuant to current law, to improve southern sea otter health, reduce the occurrence of human-related mortality, and improve the health of such coastal marine ecosystems; and (D) recommendations for funding to carry out this Act. SEC. 3. DEFINITIONS. In this Act: (1) Recovery and research program.--The term ``Recovery and Research Program'' means the recovery and research program under section 2(a). (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the United States Fish and Wildlife Service and the United States Geological Survey. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated to the Secretary to carry out this Act $5,000,000 for each of fiscal years 2010 through 2015 of which-- (1) no less than 30 percent shall be for research grants under section 2(c)(3); and (2) no less than 30 percent shall be for recovery projects under section 2(c)(4). (b) Administrative Expenses.--Of amounts available each fiscal year to carry out this Act, the Secretary may expend not more than 7 percent to pay the administrative expenses necessary to carry out this Act. SEC. 5. TERMINATION. This Act shall have no force or effect on and after the date the Secretary (as that term is used in section 4(c)(2) of the Endangered Species Act of 1973 (16 U.S.C. 1533(c)(2)) publishes a determination that the southern sea otter should be removed from the lists published under section 4(c) of the Endangered Species Act of 1973 (16 U.S.C. 1533(c)). Passed the House of Representatives July 28, 2009. Attest: LORRAINE C. MILLER, Clerk.

Summary: Southern Sea Otter Recovery and Research Act - (Sec. 2) Requires the Secretary of the Interior, acting through the United States Fish and Wildlife Service (USFWS) and the United States Geological Survey (USGS), to carry out a Recovery and Research Program for southern sea otter populations along the coast of California that includes: (1) monitoring, analysis, and assessment of population demographics, health, mortality, and life history parameters; and (2) implementation of measures to reduce or eliminate potential factors limiting populations that are related to marine ecosystem health or human activities. Requires the Secretary to: (1) appoint persons to a southern sea otter recovery implementation team as authorized under the Endangered Species Act of 1973 within a year; (2) establish a peer-reviewed, merit-based process to award competitive grants for research regarding such otters and for projects assisting the recovery of otter populations; and (3) establish a peer review panel to provide scientific advice and guidance to prioritize proposals for grants. Authorizes research grant topics to include: (1) causes of sea otter mortality; (2) southern sea otter demographics and natural history; (3) effects and sources of pollutants, nutrients, and toxicants on such otters and sequestration of contaminants; (4) effects and sources of infectious diseases and parasites affecting such otters; (5) limitations on the availability of food resources for such otters and the impacts of food limitation on southern sea otter carrying capacity; (6) interactions between southern sea otters and coastal fisheries and other human activities in the marine environment; (7) assessment of the keystone ecological role of sea otters in southern and central California's coastal marine ecosystems; and (8) assessment of the adequacy of emergency response and contingency plans. Authorizes funded recovery projects to include projects to: (1) protect and recover southern sea otters; (2) reduce, mitigate, or eliminate potential factors limiting southern sea otter populations that are related to human activities; and (3) implement emergency response and contingency plans. Requires the Secretary, within 12 months, to report to Congress on: (1) the status of southern sea otter populations; (2) implementation of the research and grant programs; and (3) endangered species consultations regarding southern sea otters. Requires the Secretary, within 24 months and every five years thereafter, to report to Congress and the public on: (1) an evaluation of southern sea otter health, causes of southern sea otter mortality, and the interactions of southern sea otters with California's coastal marine ecosystems; (2) an evaluation of actions taken to improve otter health, reduce mortality, and improve southern sea otter habitat; (3) recommendation for actions to improve otter health, reduce the occurrence of human-related mortality, and improve the health of such coastal marine ecosystems; and (4) recommendations for funding to implement this Act. (Sec. 4) Authorizes appropriations for each of FY2010-FY2015. (Sec. 5) Terminates this Act on the date the Secretary publishes a determination that the southern sea otter should be removed from the endangered species and threatened species lists.


SECTION 1. ALLOCATION OF NATIONAL LIMITATION ON QUALIFIED SCHOOL CONSTRUCTION BONDS; APPLICATION OF DAVIS-BACON ACT TO PROJECTS FINANCED WITH BONDS. (a) In General.--Title XII of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8501 et seq.) is amended-- (1) by redesignating sections 12004 through 12013 as sections 12101 through 12110, respectively; (2) by inserting before section 12101 (as so redesignated) the following: ``PART A--GRANTS FOR IMPROVEMENT OF PUBLIC ELEMENTARY AND SECONDARY EDUCATION FACILITIES''; and (3) by adding at the end the following: ``PART B--QUALIFIED SCHOOL CONSTRUCTION BONDS ``SEC. 12201. ALLOCATION WITH RESPECT TO QUALIFIED SCHOOL CONSTRUCTION BONDS. ``(a) Qualified School Construction Bond.-- ``(1) In general.--For purposes of this part, the term `qualified school construction bond' means any bond issued as part of an issue if-- ``(A) a taxpayer who holds the bond is allowed a credit under the Internal Revenue Code of 1986; ``(B) 95 percent or more of the proceeds of such issue are to be used for the construction, rehabilitation, or repair of a public school facility; ``(C) the bond is issued by a State or local government within the jurisdiction of which such school is located; and ``(D) the issuer designates such bond for purposes of this section and the Internal Revenue Code of 1986. ``(2) Temporary period exception.--A bond shall not be treated as failing to meet the requirement of paragraph (1)(B) solely by reason of the fact that the proceeds of the issue of which such bond is a part are invested for a reasonable temporary period (but not more than 36 months) until such proceeds are needed for the purpose for which such issue was issued. Any earnings on such proceeds during such period shall be treated as proceeds of the issue for purposes of applying paragraph (1)(B). ``(b) National Limitation on Amount of Bonds Designated.--In any case in which there is imposed a national limitation on the maximum aggregate face amount of bonds issued during any calendar year which may be designated as qualified school construction bonds, such limitation shall be allocated in accordance with this section. ``(c) One-Third of Limitation Allocated Among States.-- ``(1) In general.--One-third of the limitation applicable under subsection (b) for any calendar year shall be allocated among the States under paragraph (2) by the Secretary. The limitation amount allocated to a State under the preceding sentence shall be allocated by the State educational agency to issuers within such State and such allocations may be made only if there is an approved State application. ``(2) Allocation formula.--The amount to be allocated under paragraph (1) for any calendar year shall be allocated among the States in proportion to the respective amounts each such State received for Basic Grants under subpart 2 of part A of title I of this Act for the most recent fiscal year ending before such calendar year. For purposes of the preceding sentence, Basic Grants attributable to large local educational agencies (as defined in subsection (d)), and Basic Grants attributable to high-growth local educational agencies (as defined in subsection (e)), shall be disregarded. ``(3) Minimum allocations to states.-- ``(A) In general.--The Secretary shall adjust the allocations under this subsection for any calendar year for each State to the extent necessary to ensure that the sum of-- ``(i) the amount allocated to such State under this subsection for such year; and ``(ii) the aggregate amounts allocated under subsections (d) and (e) to local educational agencies in such State for such year; is not less than an amount equal to such State's minimum percentage of one-third of the national qualified school construction bond limitation referred to in subsection (b) for the calendar year. ``(B) Minimum percentage.--A State's minimum percentage for any calendar year is the minimum percentage described in section 1124(d) for such State for the most recent fiscal year ending before such calendar year. ``(4) Allocations to certain possessions.--The amount to be allocated under paragraph (1) to any possession of the United States (as such term is used in the Internal Revenue Code of 1986) other than Puerto Rico shall be the amount which would have been allocated if all allocations under paragraph (1) were made on the basis of respective populations of individuals below the poverty line (as defined by the Office of Management and Budget). In making other allocations, the amount to be allocated under paragraph (1) shall be reduced by the aggregate amount allocated under this paragraph to possessions of the United States. ``(5) Approved state application.--For purposes of paragraph (1), the term `approved State application' means an application which is approved by the Secretary and which includes-- ``(A) the results of a recent publicly available survey (undertaken by the State with the involvement of local education officials, members of the public, and experts in school construction and management) of such State's needs for public school facilities, including descriptions of-- ``(i) health and safety problems at such facilities; ``(ii) the capacity of public schools in the State to house projected enrollments; and ``(iii) the extent to which the public schools in the State offer the physical infrastructure needed to provide a high-quality education to all students; and ``(B) a description of how the State will allocate to local educational agencies, or otherwise use, its allocation under this subsection to address the needs identified under subparagraph (A), including a description of how it will-- ``(i) give highest priority to localities with the greatest needs, as demonstrated by inadequate school facilities coupled with a low level of resources to meet those needs; ``(ii) use its allocation under this subsection to assist localities that lack the fiscal capacity to issue bonds on their own; and ``(iii) ensure that its allocation under this subsection is used only to supplement, and not supplant, the amount of school construction, rehabilitation, and repair in the State that would have occurred in the absence of such allocation. Any allocation under paragraph (1) by a State education agency shall be binding if such agency reasonably determined that the allocation was in accordance with the plan approved under this paragraph. ``(d) One-Third of Limitation Allocated Among Largest School Districts.-- ``(1) In general.--One-third of the limitation applicable under subsection (b) for any calendar year shall be allocated under paragraph (2) by the Secretary among local educational agencies which are large local educational agencies for such year. No qualified school construction bond may be issued by reason of an allocation to a large local educational agency under the preceding sentence unless such agency has an approved local application. ``(2) Allocation formula.--The amount to be allocated under paragraph (1) for any calendar year shall be allocated among large local educational agencies in proportion to the respective amounts each such agency received for Basic Grants under subpart 2 of part A of title I of this Act for the most recent fiscal year ending before such calendar year. ``(3) Large local educational agency.--For purposes of this section, the term `large local educational agency' means, with respect to a calendar year, any local educational agency (other than a high-growth local educational agency, as defined in subsection (e)) if such agency is-- ``(A) among the 100 local educational agencies with the largest numbers of children aged 5 through 17 from families living below the poverty level, as determined by the Secretary using the most recent data available from the Department of Commerce that are satisfactory to the Secretary; or ``(B) 1 of not more than 25 local educational agencies (other than those described in clause (i)) that the Secretary determines (based on the most recent data available satisfactory to the Secretary) are in particular need of assistance, based on a low level of resources for school construction, a high level of enrollment growth, or such other factors as the Secretary deems appropriate. ``(4) Approved local application.--For purposes of paragraph (1), the term `approved local application' means an application which is approved by the Secretary and which includes-- ``(A) the results of a recent publicly-available survey (undertaken by the local educational agency with the involvement of school officials, members of the public, and experts in school construction and management) of such agency's needs for public school facilities, including descriptions of-- ``(i) the overall condition of the local educational agency's school facilities, including health and safety problems; ``(ii) the capacity of the agency's schools to house projected enrollments; and ``(iii) the extent to which the agency's schools offer the physical infrastructure needed to provide a high-quality education to all students; ``(B) a description of how the local educational agency will use its allocation under this subsection to address the needs identified under subparagraph (A); and ``(C) a description of how the local educational agency will ensure that its allocation under this subsection is used only to supplement, and not supplant, the amount of school construction, rehabilitation, or repair in the locality that would have occurred in the absence of such allocation. A rule similar to the rule of the last sentence of subsection (c)(5) shall apply for purposes of this subsection. ``(e) One-Third of Limitation Allocated Among High-Growth School Districts.-- ``(1) In general.--One-third of the limitation applicable under subsection (b) for any calendar year shall be allocated under paragraph (2) by the Secretary among local educational agencies which are high-growth local educational agencies for such year. No qualified school construction bond may be issued by reason of an allocation to a high-growth local educational agency under the preceding sentence unless such agency has an approved local application (as defined in subsection (d)(4)). A rule similar to the rule of the last sentence of subsection (c)(5) shall apply for purposes of this subsection. ``(2) Allocation formula.--The amount to be allocated under paragraph (1) for any calendar year shall be allocated among high-growth local educational agencies in proportion to the respective amounts each such agency received for Basic Grants under subpart 2 of part A of title I of this Act for the most recent fiscal year ending before such calendar year. ``(3) High-growth local educational agency.--For purposes of this section, the term `high-growth local educational agency' means, with respect to a calendar year, any local educational agency if-- ``(A) there has been at least a 7.5 percent increase in such agency's enrollment during the 5-year period ending with the preceding calendar year; and ``(B) such enrollment increase exceeds 150 students. ``(f) Carryover of Unused Limitation.--If for any calendar year-- ``(1) the amount allocated under subsection (c) to any State; exceeds ``(2) the amount of bonds issued during such year which are designated as qualified school construction bonds pursuant to such allocation; the limitation amount under such subsection for such State for the following calendar year shall be increased by the amount of such excess. A similar rule shall apply to the amounts allocated under subsections (d) and (e). ``(g) Other Definitions.--For purposes of this section: ``(1) Local educational agency.--The term `local educational agency' has the meaning given to such term by section 14101. Such term includes the local educational agency that serves the District of Columbia but does not include any other State agency. ``(2) Bond.--The term `bond' includes any obligation. ``(3) Public school facility.--The term `public school facility' shall not include any stadium or other facility primarily used for athletic contests or exhibitions or other events for which admission is charged to the general public. ``SEC. 12202. APPLICATION OF DAVIS-BACON ACT TO PROJECTS FINANCED WITH QUALIFIED SCHOOL CONSTRUCTION BONDS. ``The wage requirements of the Act of March 3, 1931 (40 U.S.C. 276a et seq.) (commonly referred to as the `Davis-Bacon Act') shall apply with respect to individuals employed on school construction, rehabilitation, or repair projects financed with the proceeds from an issuance of qualified school construction bonds.''. (b) Conforming Amendments.--Title XII of such Act is amended-- (1) in sections 12101 through 12110 (as so redesignated), by striking ``this title'' each place it appears and inserting ``this part''; (2) in section 12101(a)(1) (as so redesignated)-- (A) by striking ``section 12013'' and inserting ``section 12110''; (B) by striking ``section 12005'' and inserting ``section 12102''; and (C) by striking ``section 12007'' and inserting ``section 12104''; (3) in section 12101(a)(2) (as so redesignated), by striking ``section 12013'' and inserting ``section 12110''; and (4) in section 12109(3)(C) (as so redesignated), by striking ``section 12006'' and inserting ``section 12103''.

Summary: Amends the Elementary and Secondary Education Act of 1965 to provide for the allocation of any limitation imposed on school construction bonds with respect to which the holders are allowed a credit under the Internal Revenue Code. Applies the wage requirements of the Davis-Bacon Act to projects financed with such bonds.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Parent and Teacher Achievement Act of 2001''. SEC. 2. STATE INCENTIVES FOR TEACHER TESTING AND MERIT PAY. (a) Amendments.--Title II of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6601 et seq.) is amended-- (1) by redesignating part E as part F; (2) by redesignating sections 2401 and 2402 as sections 2501 and 2502, respectively; and (3) by inserting after part D the following: ``PART E--STATE INCENTIVES FOR TEACHER TESTING AND MERIT PAY ``SEC. 2401. STATE INCENTIVES FOR TEACHER TESTING AND MERIT PAY. ``(a) State Awards.--From funds made available under subsection (b) for a fiscal year, the Secretary shall make an award to each State that-- ``(1) administers a test to each elementary school and secondary school teacher in the State, with respect to the subjects taught by the teacher, every 3 to 5 years; ``(2) has an elementary school and secondary school teacher compensation system that is based on merit; and ``(3) requires elementary school and secondary school teachers to earn continuing education credits as part of a State recertification process. ``(b) Available Funding.--Notwithstanding any other provision of law, the amount of funds that are available to carry out this section for a fiscal year is 50 percent of the amount of funds appropriated to carry out this title that are in excess of the amount so appropriated for fiscal year 2001, except that no funds shall be available to carry out this section for any fiscal year for which-- ``(1) the amount appropriated to carry out this title exceeds $600,000,000; or ``(2) each of the several States is eligible to receive an award under this section. ``(c) Award Amount.--A State shall receive an award under this section in an amount that bears the same relation to the total amount available for awards under this section for a fiscal year as the number of States that are eligible to receive such an award for the fiscal year bears to the total number of all States so eligible for the fiscal year. ``(d) Use of Funds.--Funds provided under this section may be used by States to carry out the activities described in section 2207. ``(e) Definition of State.--In this section, the term `State' means each of the 50 States and the District of Columbia.''. (b) Effective Date.--The amendments made by subsection (a) shall take effect on October 1, 2001. SEC. 3. TEACHER TESTING AND MERIT PAY. (a) In General.--Notwithstanding any other provision of law, a State may use Federal education funds-- (1) to carry out a test of each elementary school or secondary school teacher in the State with respect to the subjects taught by the teacher; or (2) to establish a merit pay program for the teachers. (b) Definitions.--In this section, the terms ``elementary school'' and ``secondary school'' have the meanings given the terms in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801). SEC. 4. NONREFUNDABLE CREDIT FOR ELEMENTARY AND SECONDARY SCHOOL EXPENSES. (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 25B the following new section: ``SEC. 25C. CREDIT FOR ELEMENTARY AND SECONDARY SCHOOL EXPENSES. ``(a) Allowance of Credit.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the qualified elementary and secondary education expenses (within the meaning of section 530(b)(4)) with respect to one or more qualifying students which are paid or incurred by the individual during such taxable year. ``(b) Limitations.-- ``(1) Maximum credit.--The credit allowed by subsection (a) for any taxable year shall not exceed $1000 per qualifying student. ``(2) Maximum tuition expenses.--The tuition expenses which may be taken into account in determining qualified elementary and secondary education expenses for any taxable year shall not exceed $500 per qualifying student. ``(c) Qualifying Student.--For purposes of this section, the term `qualifying student' means a dependent (within the meaning of section 152) or a relative of the taxpayer who is enrolled in school (as defined in section 530(b)(4)(B)) on a full-time basis. For purposes of the preceding sentence, the term `relative' means an individual bearing a relationship to the taxpayer which is described in any of paragraphs (1) through (8) of section 152(a). ``(d) Denial of Double Benefit.--No deduction or exclusion shall be allowed under this chapter for any expense for which credit is allowed under this section. ``(e) Election To Have Credit Not Apply.--A taxpayer may elect to have this section not apply for any taxable year.''. (b) Conforming Amendment.--The table of sections for subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 25B the following new item: ``Sec. 25C. Credit for elementary and secondary school expenses.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2001. SEC. 5. CREDIT FOR CONTRIBUTIONS FOR THE BENEFIT OF ELEMENTARY AND SECONDARY SCHOOLS. (a) In General.--Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to other credits) is amended by adding at the end the following new section: ``SEC. 30B. CREDIT FOR CONTRIBUTIONS FOR THE BENEFIT OF ELEMENTARY AND SECONDARY SCHOOLS. ``(a) Allowance of Credit.--There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 75 percent of the qualified charitable contributions of the taxpayer for the taxable year. ``(b) Maximum Credit.-- ``(1) Individuals.--In the case of a taxpayer other than a corporation, the credit allowed by subsection (a) for any taxable year shall not exceed $500 ($1,000 in the case of a joint return). ``(2) Corporations.--In the case of a corporation, the credit allowed by subsection (a) shall not exceed $100,000. ``(c) Qualified Charitable Contribution.--For purposes of this section-- ``(1) In general.--The term `qualified charitable contribution' means, with respect to any taxable year, the aggregate amount allowable as a deduction under section 170 (determined without regard to subsection (d)(1)) for cash contributions to a school tuition organization. ``(2) School tuition organization.-- ``(A) In general.--The term `school tuition organization' means any organization which-- ``(i) is described in section 170(c)(2), ``(ii) allocates at least 90 percent of its gross income and contributions and gifts to elementary and secondary school scholarships, and ``(iii) awards scholarships to any student who is eligible for free or reduced cost lunch under the school program established under the Richard B. Russell National School Lunch Act. ``(B) Elementary and secondary school scholarship.--The term `elementary and secondary school scholarship' means any scholarship excludable from gross income under section 117 for expenses related to education at or below the 12th grade. ``(d) Special Rules.-- ``(1) Denial of double benefit.--No deduction shall be allowed under this chapter for any contribution for which credit is allowed under this section. ``(2) Application with other credits.--The credit allowable under subsection (a) for any taxable year shall not exceed the excess (if any) of-- ``(A) the regular tax for the taxable year, reduced by the sum of the credits allowable under subpart A and the preceding sections of this subpart, over ``(B) the tentative minimum tax for the taxable year. ``(3) Controlled groups.--All persons who are treated as one employer under subsection (a) or (b) of section 52 shall be treated as 1 taxpayer for purposes of this section. ``(e) Election To Have Credit Not Apply.--A taxpayer may elect to have this section not apply for any taxable year.''. (b) Conforming Amendment.--The table of sections for subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec. 30B. Credit for contributions for the benefit of elementary and secondary schools.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2001. SEC. 6. CREDIT TO ELEMENTARY AND SECONDARY SCHOOL TEACHERS WHO PROVIDE CLASSROOM MATERIALS. (a) In General.--Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to other credits), as amended by section 4(a), is amended by adding at the end the following new section: ``SEC. 30C. CREDIT TO ELEMENTARY AND SECONDARY SCHOOL TEACHERS WHO PROVIDE CLASSROOM MATERIALS. ``(a) Allowance of Credit.--In the case of an eligible educator, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the qualified elementary and secondary education expenses which are paid or incurred by the taxpayer during such taxable year. ``(b) Maximum Credit.--The credit allowed by subsection (a) for any taxable year shall not exceed $1,000. ``(c) Definitions.-- ``(1) Eligible educator.--The term `eligible educator' means an individual who is a teacher, instructor, counselor, principal, or aide in a school (as defined in section 530(b)(4)(B)) for at least 900 hours during a school year. ``(2) Qualified elementary and secondary education expenses.--The term `qualified elementary and secondary education expenses' means expenses for books, supplies (other than nonathletic supplies for courses of instruction in health or physical education), computer equipment (including related software and services) and other equipment, and supplementary materials used by an eligible educator in the classroom. ``(d) Special Rules.-- ``(1) Denial of double benefit.--No deduction shall be allowed under this chapter for any expense for which credit is allowed under this section. ``(2) Application with other credits.--The credit allowable under subsection (a) for any taxable year shall not exceed the excess (if any) of-- ``(A) the regular tax for the taxable year, reduced by the sum of the credits allowable under subpart A and the preceding sections of this subpart, over ``(B) the tentative minimum tax for the taxable year. ``(e) Election To Have Credit Not Apply.--A taxpayer may elect to have this section not apply for any taxable year.''. (b) Clerical Amendment.--The table of sections for subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986, as amended by section 4(b), is amended by adding at the end the following new item: ``Sec. 30C. Credit to elementary and secondary school teachers who provide classroom materials.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2001. SEC. 7. ADJUSTED GROSS INCOME DETERMINED BY TAKING INTO ACCOUNT PROFESSIONAL DEVELOPMENT EXPENSES OF ELEMENTARY AND SECONDARY SCHOOL TEACHERS. (a) In General.--Section 62(a)(2) of the Internal Revenue Code of 1986 (relating to certain trade and business deductions of employees) is amended by adding at the end the following: ``(D) Professional development expenses of elementary and secondary school teachers.--The deductions allowed by section 162 which consist of expenses, not in excess of $1,500, paid or incurred by an eligible educator (as defined section 30C(c)(1)) by reason of the participation of the educator in professional development courses which are related to the curriculum and academic subjects in which the educator provides instruction or to the students for which the educator provides instruction and which are part of a program of professional development which is approved and certified by the appropriate local educational agency (as defined by section 14101 of the Elementary and Secondary Education Act of 1965, as in effect on the date of the enactment of this subparagraph).''. (b) Special Rules.--Section 62 of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``(d) Special Rules.--A deduction shall be allowed under subsection (a)(2)(D) for expenses only to the extent the amount of such expenses exceeds the amount excludable under section 135, 529(c)(1), or 530(d)(2) for the taxable year.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2001.

Summary: Parent and Teacher Achievement Act of 2001 - Amends the Elementary and Secondary Education Act of 1965 to establish a program for State incentives for teacher testing and merit pay. Directs the Secretary of Education to make an award of such program funds to each State that: (1) administers a test to each elementary and secondary school teacher in the State, with respect to the subjects taught by the teacher, every three to five years; (2) has school teacher compensation system that is based on merit; and (3) requires school teachers to earn continuing education credits as part of a State recertification process.Allows States, regardless of any other Federal law, to use Federal education funds to: (1) test elementary or secondary school teachers in the subjects they teach; or (2) establish a merit pay program for such teachers.Amends the Internal Revenue Act to provide certain tax credits for: (1) elementary and secondary school expenses; (2) contributions for the benefit of elementary and secondary schools; and (3) elementary and secondary school teachers who provide classroom materials. Allows elementary and secondary school teachers to take a tax deduction for certain professional development expenses.