SECTION 1. SHORT TITLE. This Act may be cited as the ``Indian Trust Asset and Trust Fund Management and Reform Act of 2002''. SEC. 2. DEPUTY SECRETARY FOR TRUST MANAGEMENT AND REFORM. (a) Definitions.--Section 2 of the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001) is amended-- (1) in paragraph (1), by striking ``(1) The term'' and inserting the following: ``(8) Special trustee.--The term''; (2) in paragraph (2), by striking ``(2) The term'' and inserting the following: ``(4) Indian tribe.--The term''; (3) in paragraph (3), by striking ``(3) The term'' and inserting the following: ``(7) Secretary.--The term''; (4) in paragraph (4), by striking ``(4) The term'' and inserting the following: ``(5) Office.--The term''; (5) in paragraph (5), by striking ``(5) The term'' and inserting the following: ``(1) Bureau.--The term''; (6) in paragraph (6), by striking ``(6) The term'' and inserting the following: ``(2) Department.--The term''; (7) by adding at the end the following: ``(3) Deputy secretary.--The term `Deputy Secretary' means the Deputy Secretary for Trust Management and Reform appointed under section 307(a)(2). ``(6) Reform office.--The term `Reform Office' means the Office of Trust Reform Implementation and Oversight established by section 307(e).''; (8) by moving paragraphs (1) through (8) (as redesignated by this subsection) so as to appear in numerical order; and (9) by adding at the end the following: ``(9) Trust assets.--The term `trust assets' means all tangible property including land, minerals, coal, oil and gas, forest resources, agricultural resources, water and water sources, and fish and wildlife held by the Secretary for the benefit of an Indian tribe or an individual member of an Indian tribe pursuant to Federal law. ``(10) Trust funds.--The term `trust funds' means all funds held by the Secretary for the benefit of an Indian tribe or and individual member of an Indian tribe pursuant to Federal law.''. (b) Deputy Secretary for Trust Management and Reform.--Title III of the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4041 et seq.) is amended by adding at the end the following: ``SEC. 307. DEPUTY SECRETARY FOR TRUST MANAGEMENT AND REFORM. ``(a) Establishment.-- ``(1) In general.--There is established within the Department the position of Deputy Secretary for Trust Management and Reform. ``(2) Appointment and removal.-- ``(A) Appointment.--The Deputy Secretary shall be appointed by the President, by and with the advice and consent of the Senate. ``(B) Term.--The Deputy Secretary shall be appointed for a term of 6 years. ``(C) Removal.--The Deputy Secretary may be removed only for good cause. ``(3) Administrative authority.--The Deputy Secretary shall report directly to the Secretary. ``(4) Compensation.--The Deputy Secretary shall be paid at a rate determined by the Secretary to be appropriate for the position, but not less than the rate of basic pay prescribed for Level II of the Executive Schedule under section 5313 of title 5, United States Code. ``(b) Duties.--The Deputy Secretary shall-- ``(1) oversee all trust fund and trust asset matters of the Department, including-- ``(A) administration and management of the Reform Office; and ``(B) financial and human resource matters of the Reform Office; and ``(2) engage in appropriate government-to-government relations and consultations with Indian tribes and individual trust asset and trust fund account holders on matters involving trust asset and trust fund management and reform within the Department. ``(c) Staff.--In carrying out this section, the Deputy Secretary may hire such staff having expertise in trust asset and trust fund management, financial organization and management, and tribal policy as the Deputy Secretary determines is necessary to carry out this section. ``(d) Effect on Duties of Other Officials.-- ``(1) In general.--Except as provided in paragraph (2), nothing in this section shall be construed to diminish any responsibility or duty of the Assistant Secretary of the Interior for Indian Affairs or the Special Trustee relating to any duty of the Assistant Secretary or Special Trustee established under this Act or any other provision of law. ``(2) Trust asset and trust fund management and reform.-- Notwithstanding any other provision of law, the Deputy Secretary shall have overall management and oversight authority on matters of the Department relating to trust asset and trust fund management and reform. ``(e) Office of Trust Reform Implementation and Oversight.-- ``(1) Establishment.--There is established within the Office of the Secretary the Office of Trust Reform Implementation and Oversight. ``(2) Reform office head.--The Reform Office shall be headed by the Deputy Secretary. ``(3) Duties.--The Reform Office shall-- ``(A) supervise and direct the day-to-day activities of the Assistant Secretary of the Interior for Indian Affairs, the Special Trustee, the Director of the Bureau of Land Management, and the Director of the Minerals Management Service, to the extent they administer or manage any Indian trust assets or funds; ``(B) administer, in accordance with title II, all trust properties, funds, and other assets held by the United States for the benefit of Indian tribes and individual members of Indian tribes; ``(C) require the development and maintenance of an accurate inventory of all trust funds and trust assets; ``(D) ensure the prompt posting of revenue derived from a trust fund or trust asset for the benefit of each Indian tribe (or individual member of each Indian tribe) that owns a beneficial interest in the trust fund or trust asset; ``(E) ensure that monthly statements of accounts are provided to all trust fund account holders; ``(F) ensure that all trust fund accounts are audited at least annually, and more frequently as determined to be necessary by the Deputy Secretary; ``(G) ensure that the Assistant Secretary of the Interior for Indian Affairs, the Special Trustee, the Director of the Bureau of Land Management, and the Director of the Minerals Management Service provide to the Secretary current and accurate information relating to the administration and management of trust funds and trust assets; ``(H) provide for regular consultation with trust fund account holders on the administration of trust funds and trust assets to ensure, to the maximum extent practicable in accordance with applicable law, the greatest return on those funds and assets for the trust fund account holders; and ``(I) enter into contracts and compacts under section 102 of the Indian Self-Determination Act (25 U.S.C. 450f) or section 403 of the Indian Self Determination and Education Assistance Act (25 U.S.C. 458cc) to provide for the management of trust assets and trust funds by Indian tribes pursuant to a Trust Fund and Trust Asset Management and Monitoring Plan developed under section 202 of this Act. ``(f) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section.''. (c) Advisory Board.-- (1) In general.--Section 306 of the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4046) is amended to read as follows: ``SEC. 306. ADVISORY BOARD. ``(a) Establishment and Membership.--Notwithstanding any other provision of law, the Deputy Secretary described in section 307 shall establish an advisory board to provide advice on all matters within the jurisdiction of the Office of Trust Reform. The advisory board shall consist of 9 members, appointed by the Deputy Secretary after consultation with Indian tribes and appropriate Indian organizations, of which-- ``(1) 5 members shall represent trust fund account holders, including both tribal and Individual Indian Money accounts; ``(2) 2 members shall have practical experience in trust fund and financial management; ``(3) 1 member shall have practical experience in fiduciary investment management; and ``(4) 1 member, from academia, shall have knowledge of general management of large organizations. ``(b) Term.--Each member shall serve a term of 2 years. ``(c) FACA.--The advisory board shall not be subject to the Federal Advisory Committee Act.''. (2) Previous advisory board.--The advisory board authorized under section 306 of the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4046) as in effect on the day before the date of enactment of this Act shall terminate on the date of enactment of this Act. (d) Conforming Amendments.-- (1) Section 302 of the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4042) is amended-- (A) in the second sentence of subsection (a), by striking ``who shall'' and inserting ``who, except as provided in subsection (b)(3), shall''; and (B) in subsection (b), by adding at the end the following: ``(3) Trust fund management.--The Special Trustee shall report directly to the Deputy Secretary with respect to matters relating to trust fund management and reform.''. (2) Section 303 of the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4043) is amended-- (A) by striking subsection (a); (B) in subsection (b)(1), by striking ``The Special Trustee'' and inserting ``Except as provided in section 307(d), the Special Trustee''; (C) in subsection (c)(5)(A), by striking ``or which is charged with any responsibility under the comprehensive strategic plan prepared under subsection (a) of this section,''; (D) by striking subsection (f); and (E) by redesignating subsections (b) through (e) as subsections (a) through (d), respectively. SEC. 3. INDIAN PARTICIPATION IN TRUST FUND ACTIVITIES. Title II of the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4021 et seq.) is amended-- (1) by striking sections 202 and 203; and (2) by inserting after section 201 the following: ``SEC. 202. PARTICIPATION IN TRUST FUND AND TRUST ASSET MANAGEMENT ACTIVITIES BY INDIAN TRIBES. ``(a) Planning Program.--To meet the purposes of this title, a 10- year Indian Trust Fund and Trust Asset Management and Monitoring Plan (in this section referred to as the `Plan') shall be developed and implemented as follows: ``(1) Pursuant to a self-determination contract or compact under section 102 of the Indian Self-Determination Act (25 U.S.C. 450f) or section 403 of the Indian Self Determination and Education Assistance Act (25 U.S.C. 458cc), an Indian tribe may develop or implement a Plan. Subject to the provisions of paragraphs (3) and (4), the tribe shall have broad discretion in designing and carrying out the planning process. ``(2) To include in a Plan particular trust funds or assets held by multiple individuals, an Indian tribe shall obtain the approval of a majority of the individuals who hold an interest in any such trust funds or assets. ``(3) The Plan shall be submitted to the Secretary for approval pursuant to the Indian Self-Determination Act (25 U.S.C. 450f et seq.). ``(4) If a tribe chooses not to develop or implement a Plan, the Secretary shall develop or implement, as appropriate, a Plan in close consultation with the affected tribe. ``(5) Whether developed directly by the tribe or by the Secretary, the Plan shall-- ``(A) determine the amount and source of funds held in trust; ``(B) identify and prepare an inventory of all trust assets; ``(C) identify specific tribal goals and objectives; ``(D) establish management objectives for the funds and assets held in trust; ``(E) define critical values of the Indian tribe and its members and provide identified management objectives; ``(F) identify actions to be taken to reach established objectives; ``(G) use existing survey documents, reports and other research from Federal agencies, tribal community colleges, and land grant universities; and ``(H) be completed within 3 years of the initiation of activity to establish the Plan. ``(b) Management and Administration.--Plans developed and approved under subsection (a) shall govern the management and administration of funds and assets held in trust by the Bureau and the Indian tribal government. ``(c) No Termination Requirement.--Indian tribes implementing an approved Plan shall not be required to terminate the trust relationship in order to implement such Plan. ``(d) Plan Does Not Terminate Trust.--Developing or implementing a Plan shall not be construed or deemed to constitute a termination of the trust status of the assets or funds that are included in, or subject to, the Plan. ``(e) Liability.--An Indian tribe managing and administering trust funds and trust assets in a manner that is consistent with a Plan shall not be liable for waste or loss of an asset or funds that are included in such Plan. ``(f) Indian Participation in Management Activities.-- ``(1) Tribal recognition.--The Secretary shall conduct all management activities of funds and assets held in trust in accordance with goals and objectives set forth in a Plan approved pursuant to and in accordance with all tribal laws and ordinances, except in specific instances where such compliance would be contrary to the trust responsibility of the United States. ``(2) Tribal laws.-- ``(A) In general.--Unless otherwise prohibited by Federal law, the Secretary shall comply with tribal law pertaining to the management of funds and assets held in trust. ``(B) Duties.--The Secretary shall-- ``(i) provide assistance in the enforcement of tribal laws described in subparagraph (A); ``(ii) provide notice of such tribal laws to persons or entities dealing with tribal funds and assets held in trust; and ``(iii) upon the request of an Indian tribe, require appropriate Federal officials to appear in tribal forums. ``(3) Waiver of regulations.--In any case in which a regulation or administrative policy of the Department of the Interior conflicts with the objectives of the Plan, or with a tribal law, the Secretary may waive the application of such regulation or administrative policy unless such waiver would constitute a violation of a Federal statute or judicial decision or would conflict with the Secretary's trust responsibility under Federal law. ``(4) Sovereign immunity.--This section does not constitute a waiver of the sovereign immunity of the United States, nor does it authorize tribal justice systems to review actions of the Secretary. ``(5) Trust responsibility.--Nothing in this section shall be construed to diminish or expand the trust responsibility of the United States toward Indian funds and assets held in trust, or any legal obligation or remedy resulting from such funds and assets. ``(g) Report.-- ``(1) In general.--Not later than 180 days after the enactment of this section, and annually thereafter, the Secretary shall submit a report to the Committee on Indian Affairs of the Senate and the Committee on Resources of the House of Representatives. ``(2) Contents.--The report required under paragraph (1) shall detail the following: ``(A) The efforts of the Department to implement this section. ``(B) The nature and extent of consultation between the Department, Tribes, and individual Indians with respect to implementation of this section. ``(C) Any recommendations of the Department for further changes to this Act, accompanied by a record of consultation with Tribes and individual Indians regarding such recommendations.''. SEC. 4. REGULATIONS. (a) In General.--Not later than 1 year after the date of enactment of this Act, the Secretary of the Interior shall promulgate regulations to carry out the amendments made by this Act. (b) Active Participation.--All regulations promulgated in accordance with subsection (a) shall be developed with the full and active participation of Indian tribes that have trust funds and assets held by the Secretary.

Summary: Indian Trust Asset and Trust Fund Management and Reform Act of 2002 - Amends the American Indian Trust Fund Management Reform Act of 1994 to create the position of Deputy Secretary for Trust Management and Reform within the Department of the Interior to oversee all Indian trust fund and trust asset matters and to consult with Indian tribes and individual trust asset and trust fund account holders. Directs the Deputy Secretary to establish an advisory board on matters within the jurisdiction of the Office of Trust Reform.Establishes within the office of the Secretary the Office of Trust Reform Implementation and Oversight, headed by such Deputy Secretary, to supervise and direct day-to-day activities concerning such assets or funds, including providing accurate inventories, revenue postings, monthly statements, and annual audits.Requires the development and implementation of a ten-year Indian Trust Fund and Trust Asset Management and Monitoring Plan by either an Indian tribe or the Secretary (in close consultation with the tribe). Requires the Plan to: (1) determine the amount and source of trust funds; (2) inventory trust assets; and (3) identify tribal and management objectives along with the actions necessary to achieve them. States that the trust relationship and an approved Plan can coexist.Requires the Secretary to manage funds and assets in accordance with such plan and tribal laws, unless compliance would be contrary to the trust responsibility or otherwise prohibited by Federal law. Requires the active participation of Indian tribes in the promulgation of regulations concerning such funds and assets.


SECTION 1. TABLE OF CONTENTS. The table of contents for this Act is as follows: Sec. 1. Table of contents. Sec. 2. Securities and Exchange Commission Reserve Fund. TITLE I--TRID IMPROVEMENT Sec. 101. Amendments to mortgage disclosure requirements. TITLE II--PROTECTION OF SOURCE CODE Sec. 201. Procedure for obtaining certain intellectual property. TITLE III--FOSTERING INNOVATION Sec. 301. Temporary exemption for low-revenue issuers. TITLE IV--NATIONAL SECURITIES EXCHANGE REGULATORY PARITY Sec. 401. Nationally traded securities exemption. TITLE V--ELIMINATING BARRIERS TO JOBS FOR LOAN ORIGINATORS Sec. 501. Eliminating barriers to jobs for loan originators. Sec. 502. Amendment to civil liability of the Bureau and other officials. Sec. 503. Effective date. SEC. 2. SECURITIES AND EXCHANGE COMMISSION RESERVE FUND. Notwithstanding section 4(i)(2)(B)(i) of the Securities Exchange Act of 1934 (15 U.S.C. 78d(i)(2)(B)(i)), the amount deposited in the Securities and Exchange Commission Reserve Fund for fiscal year 2018 may not exceed $48,000,000. TITLE I--TRID IMPROVEMENT SEC. 101. AMENDMENTS TO MORTGAGE DISCLOSURE REQUIREMENTS. Section 4(a) of the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2603(a)) is amended-- (1) by striking ``itemize all charges'' and inserting ``itemize all actual charges''; (2) by striking ``and all charges imposed upon the seller in connection with the settlement and'' and inserting ``and the seller in connection with the settlement. Such forms''; and (3) by inserting after ``or both.'' the following new sentence: ``Charges for any title insurance premium disclosed on such forms shall be equal to the amount charged for each individual title insurance policy, subject to any discounts as required by State regulation or the title company rate filings.''. TITLE II--PROTECTION OF SOURCE CODE SEC. 201. PROCEDURE FOR OBTAINING CERTAIN INTELLECTUAL PROPERTY. (a) Persons Under Securities Act of 1933.--Section 8 of the Securities Act of 1933 (15 U.S.C. 77h) is amended by adding at the end the following: ``(g) Procedure for Obtaining Certain Intellectual Property.--The Commission is not authorized to compel under this title a person to produce or furnish algorithmic trading source code or similar intellectual property that forms the basis for design of the algorithmic trading source code, to the Commission unless the Commission first issues a subpoena.''. (b) Persons Under the Securities Exchange Act of 1934.--Section 23 of the Securities Exchange Act of 1934 (15 U.S.C. 78w) is amended by adding at the end the following: ``(e) Procedure for Obtaining Certain Intellectual Property.--The Commission is not authorized to compel under this title a person to produce or furnish algorithmic trading source code or similar intellectual property that forms the basis for design of the algorithmic trading source code, to the Commission unless the Commission first issues a subpoena.''. (c) Investment Companies.--Section 31 of the Investment Company Act of 1940 (15 U.S.C. 80a-30) is amended by adding at the end the following: ``(e) Procedure for Obtaining Certain Intellectual Property.--The Commission is not authorized to compel under this title an investment company to produce or furnish algorithmic trading source code or similar intellectual property that forms the basis for design of the algorithmic trading source code, to the Commission unless the Commission first issues a subpoena.''. (d) Investment Advisers.--Section 204 of the Investment Advisers Act of 1940 (15 U.S.C. 80b-4) is amended-- (1) by adding at the end the following: ``(f) Procedure for Obtaining Certain Intellectual Property.--The Commission is not authorized to compel under this title an investment adviser to produce or furnish algorithmic trading source code or similar intellectual property that forms the basis for design of the algorithmic trading source code, to the Commission unless the Commission first issues a subpoena.''; and (2) in the second subsection (d), by striking ``(d)'' and inserting ``(e)''. TITLE III--FOSTERING INNOVATION SEC. 301. TEMPORARY EXEMPTION FOR LOW-REVENUE ISSUERS. Section 404 of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7262) is amended by adding at the end the following: ``(d) Temporary Exemption for Low-Revenue Issuers.-- ``(1) Low-revenue exemption.--Subsection (b) shall not apply with respect to an audit report prepared for an issuer that-- ``(A) ceased to be an emerging growth company on the last day of the fiscal year of the issuer following the fifth anniversary of the date of the first sale of common equity securities of the issuer pursuant to an effective registration statement under the Securities Act of 1933; ``(B) had average annual gross revenues of less than $50,000,000 as of its most recently completed fiscal year; and ``(C) is not a large accelerated filer. ``(2) Expiration of temporary exemption.--An issuer ceases to be eligible for the exemption described under paragraph (1) at the earliest of-- ``(A) the last day of the fiscal year of the issuer following the tenth anniversary of the date of the first sale of common equity securities of the issuer pursuant to an effective registration statement under the Securities Act of 1933; ``(B) the last day of the fiscal year of the issuer during which the average annual gross revenues of the issuer exceed $50,000,000; or ``(C) the date on which the issuer becomes a large accelerated filer. ``(3) Definitions.--For purposes of this subsection: ``(A) Average annual gross revenues.--The term `average annual gross revenues' means the total gross revenues of an issuer over its most recently completed three fiscal years divided by three. ``(B) Emerging growth company.--The term `emerging growth company' has the meaning given such term under section 3 of the Securities Exchange Act of 1934 (15 U.S.C. 78c). ``(C) Large accelerated filer.--The term `large accelerated filer' has the meaning given that term under section 240.12b-2 of title 17, Code of Federal Regulations, or any successor thereto.''. TITLE IV--NATIONAL SECURITIES EXCHANGE REGULATORY PARITY SEC. 401. NATIONALLY TRADED SECURITIES EXEMPTION. Section 18(b)(1) of the Securities Act of 1933 (15 U.S.C. 77r(b)(1)) is amended-- (1) by striking subparagraph (A); (2) in subparagraph (B)-- (A) by inserting ``a security designated as qualified for trading in the national market system pursuant to section 11A(a)(2) of the Securities Exchange Act of 1934 that is'' before ``listed''; and (B) by striking ``that has listing standards that the Commission determines by rule (on its own initiative or on the basis of a petition) are substantially similar to the listing standards applicable to securities described in subparagraph (A)''; (3) in subparagraph (C), by striking ``or (B)''; and (4) by redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B), respectively. TITLE V--ELIMINATING BARRIERS TO JOBS FOR LOAN ORIGINATORS SEC. 501. ELIMINATING BARRIERS TO JOBS FOR LOAN ORIGINATORS. (a) In General.--The S.A.F.E. Mortgage Licensing Act of 2008 (12 U.S.C. 5101 et seq.) is amended by adding at the end the following: ``SEC. 1518. EMPLOYMENT TRANSITION OF LOAN ORIGINATORS. ``(a) Temporary Authority To Originate Loans for Loan Originators Moving From a Depository Institution to a Non-Depository Institution.-- ``(1) In general.--Upon employment by a State-licensed mortgage company, an individual who is a registered loan originator shall be deemed to have temporary authority to act as a loan originator in an application State for the period described in paragraph (2) if the individual-- ``(A) has not had an application for a loan originator license denied, or had such a license revoked or suspended in any governmental jurisdiction; ``(B) has not been subject to or served with a cease and desist order in any governmental jurisdiction or as described in section 1514(c); ``(C) has not been convicted of a felony that would preclude licensure under the law of the application State; ``(D) has submitted an application to be a State- licensed loan originator in the application State; and ``(E) was registered in the Nationwide Mortgage Licensing System and Registry as a loan originator during the 12-month period preceding the date of submission of the information required under section 1505(a). ``(2) Period.--The period described in paragraph (1) shall begin on the date that the individual submits the information required under section 1505(a) and shall end on the earliest of-- ``(A) the date that the individual withdraws the application to be a State-licensed loan originator in the application State; ``(B) the date that the application State denies, or issues a notice of intent to deny, the application; ``(C) the date that the application State grants a State license; or ``(D) the date that is 120 days after the date on which the individual submits the application, if the application is listed on the Nationwide Mortgage Licensing System and Registry as incomplete. ``(b) Temporary Authority To Originate Loans for State-Licensed Loan Originators Moving Interstate.-- ``(1) In general.--A State-licensed loan originator shall be deemed to have temporary authority to act as a loan originator in an application State for the period described in paragraph (2) if the State-licensed loan originator-- ``(A) meets the requirements of subparagraphs (A), (B), (C), and (D) of subsection (a)(1); ``(B) is employed by a State-licensed mortgage company in the application State; and ``(C) was licensed in a State that is not the application State during the 30-day period preceding the date of submission of the information required under section 1505(a) in connection with the application submitted to the application State. ``(2) Period.--The period described in paragraph (1) shall begin on the date that the State-licensed loan originator submits the information required under section 1505(a) in connection with the application submitted to the application State and end on the earliest of-- ``(A) the date that the State-licensed loan originator withdraws the application to be a State- licensed loan originator in the application State; ``(B) the date that the application State denies, or issues a notice of intent to deny, the application; ``(C) the date that the application State grants a State license; or ``(D) the date that is 120 days after the date on which the State-licensed loan originator submits the application, if the application is listed on the Nationwide Mortgage Licensing System and Registry as incomplete. ``(c) Applicability.-- ``(1) Any person employing an individual who is deemed to have temporary authority to act as a loan originator in an application State pursuant to this section shall be subject to the requirements of this title and to applicable State law to the same extent as if such individual was a State-licensed loan originator licensed by the application State. ``(2) Any individual who is deemed to have temporary authority to act as a loan originator in an application State pursuant to this section and who engages in residential mortgage loan origination activities shall be subject to the requirements of this title and to applicable State law to the same extent as if such individual was a State-licensed loan originator licensed by the application State. ``(d) Definitions.--In this section, the following definitions shall apply: ``(1) State-licensed mortgage company.--The term `State- licensed mortgage company' means an entity licensed or registered under the law of any State to engage in residential mortgage loan origination and processing activities. ``(2) Application state.--The term `application State' means a State in which a registered loan originator or a State- licensed loan originator seeks to be licensed.''. (b) Table of Contents Amendment.--The table of contents in section 1(b) of the Housing and Economic Recovery Act of 2008 (42 U.S.C. 4501 note) is amended by inserting after the item relating to section 1517 the following: ``Sec. 1518. Employment transition of loan originators.''. SEC. 502. AMENDMENT TO CIVIL LIABILITY OF THE BUREAU AND OTHER OFFICIALS. Section 1513 of the S.A.F.E. Mortgage Licensing Act of 2008 (12 U.S.C. 5112) is amended by striking ``are loan originators or are applying for licensing or registration as loan originators.'' and inserting ``have applied, are applying, or are currently licensed or registered through the Nationwide Mortgage Licensing System and Registry. The previous sentence shall only apply to persons in an industry with respect to which persons were licensed or registered through the Nationwide Mortgage Licensing System and Registry on the date of the enactment of this sentence.''. SEC. 503. EFFECTIVE DATE. This title and the amendments made by this title shall take effect on the date that is 18 months after the date of the enactment of this Act. Passed the House of Representatives February 14, 2018. Attest: KAREN L. HAAS, Clerk.

Summary: (Sec. 2) This bill specifies that the amount deposited in the Securities and Exchange Commission (SEC) Reserve Fund for FY2018 may not exceed $48 million. TITLE I--TRID IMPROVEMENT (Sec. 101) The bill amends the Real Estate Settlement Procedures of 1974 to modify disclosure requirements applicable to mortgage loan transactions. Specifically, the disclosed charges for any title insurance premium shall be equal to the amount charged for each individual title insurance policy, subject to any discounts as required by either state regulation or the title company rate filings. TITLE II--PROTECTION OF SOURCE CODE (Sec. 201) The bill amends the Securities Act of 1933, the Securities Exchange Act of 1934, the Investment Company Act of 1940, and the Investment Advisers Act of 1940 to specify that the SEC may not compel a person to produce a source code or similar intellectual property without first issuing a subpoena. TITLE III--FOSTERING INNOVATION (Sec. 301) The bill amends the Sarbanes-Oxley Act of 2002 with respect to auditor-attestation requirements for public companies. These requirements shall not apply with respect to any audit report prepared for an issuer that: ceased to be an emerging growth company on the last day of its fiscal year following the fifth anniversary of its first sale of common equity securities, had average annual gross revenues of less than $50 million as of its most recently completed fiscal year, and is not a large accelerated filer. This exemption shall expire at the earliest of: (1) the last day of the fiscal year 10 years after the issuer's first sale of common equity securities, (2) the end of the fiscal year in which the issuer's average annual gross revenues exceed $50 million, or (3) when the issuer becomes a large accelerated filer. TITLE IV--NATIONAL SECURITIES EXCHANGE REGULATORY PARITY (Sec. 401) The bill amends the Securities Act of 1933 to exempt from state registration securities qualified for national trading by the SEC and authorized to be listed on a national securities exchange. Currently, securities listed on exchanges specified by statute or rule are exempt. TITLE V--ELIMINATING BARRIERS TO JOBS FOR LOAN ORIGINATORS (Sec. 501) The bill amends the S.A.F.E. Mortgage Licensing Act of 2008 to temporarily allow loan originators that meet specified requirements to continue to originate loans after moving: (1) from one state to another, or (2) from a depository institution to a non-depository institution. (Sec. 502) The bill revises the S.A.F.E. Mortgage Licensing Act's civil liability immunity provisions.


SECTION 1. SHORT TITLE. This Act may be cited as the ``400 Years of African-American History Commission Act''. SEC. 2. DEFINITIONS. In this Act: (1) Commemoration.--The term ``commemoration'' means the commemoration of the 400th anniversary of the arrival of Africans in the English colonies, at Point Comfort, Virginia, in 1619. (2) Commission.--The term ``Commission'' means the 400 Years of African-American History Commission established by section 3(a). (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 3. ESTABLISHMENT. (a) In General.--There is established a commission, to be known as the ``400 Years of African-American History Commission''. (b) Membership.-- (1) Composition.--The Commission shall be composed of 15 members, of whom-- (A) 3 members shall be appointed by the Secretary, after considering the recommendations of Governors of States, including the Governor of Virginia; (B) 6 members shall be appointed by the Secretary, after considering the recommendations of civil rights organizations and historical organizations; (C) 1 member shall be an employee of the National Park Service having experience relating to the historical and cultural resources related to the commemoration, to be appointed by the Secretary; (D) 2 members shall be appointed by the Secretary, after considering the recommendations of the Secretary of the Smithsonian Institution; and (E) 3 members shall be individuals who have an interest in, support for, and expertise appropriate to the commemoration, to be appointed by the Secretary, after considering the recommendations of Members of Congress. (2) Time of appointment.--Each appointment of an initial member of the Commission shall be made before the expiration of the 120-day period beginning on the date of enactment of this Act. (3) Term; vacancies.-- (A) Term.--A member of the Commission shall be appointed for the life of the Commission. (B) Vacancies.-- (i) In general.--A vacancy on the Commission shall be filled in the same manner in which the original appointment was made. (ii) Partial term.--A member appointed to fill a vacancy on the Commission shall serve for the remainder of the term for which the predecessor of the member was appointed. (C) Continuation of membership.--If a member of the Commission was appointed to the Commission as an employee of the National Park Service, and ceases to be an employee of the National Park Service, that member may continue to serve on the Commission for not longer than the 30-day period beginning on the date on which that member ceases to be an employee of the National Park Service. (c) Duties.--The Commission shall-- (1) plan, develop, and carry out programs and activities throughout the United States-- (A) appropriate for the commemoration; (B) to recognize and highlight the resilience and contributions of African-Americans since 1619; (C) to acknowledge the impact that slavery and laws that enforced racial discrimination had on the United States; and (D) to educate the public about-- (i) the arrival of Africans in the United States; and (ii) the contributions of African-Americans to the United States; (2) encourage civic, patriotic, historical, educational, artistic, religious, economic, and other organizations throughout the United States to organize and participate in anniversary activities to expand understanding and appreciation of-- (A) the significance of the arrival of Africans in the United States; and (B) the contributions of African-Americans to the United States; (3) provide technical assistance to States, localities, and nonprofit organizations to further the commemoration; (4) coordinate and facilitate for the public scholarly research on, publication about, and interpretation of-- (A) the arrival of Africans in the United States; and (B) the contributions of African-Americans to the United States; (5) ensure that the commemoration provides a lasting legacy and long-term public benefit by assisting in the development of appropriate programs; and (6) help ensure that the observances of the commemoration are inclusive and appropriately recognize the experiences and heritage of all individuals present at the arrival of Africans in the United States. SEC. 4. COMMISSION MEETINGS. (a) Initial Meeting.--Not later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold the initial meeting of the Commission. (b) Meetings.--The Commission shall meet-- (1) at least 3 times each year; or (2) at the call of the Chairperson or the majority of the members of the Commission. (c) Quorum.--A majority of the voting members shall constitute a quorum, but a lesser number may hold meetings. (d) Chairperson and Vice Chairperson.-- (1) Election.--The Commission shall elect the Chairperson and the Vice Chairperson of the Commission on an annual basis. (2) Absence of the chairperson.--The Vice Chairperson shall serve as the Chairperson in the absence of the Chairperson. (e) Voting.--The Commission shall act only on an affirmative vote of a majority of the members of the Commission. SEC. 5. COMMISSION POWERS. (a) Gifts.--The Commission may solicit, accept, use, and dispose of gifts, bequests, or devises of money or other property for aiding or facilitating the work of the Commission. (b) Appointment of Advisory Committees.--The Commission may appoint such advisory committees as the Commission determines to be necessary to carry out this Act. (c) Authorization of Action.--The Commission may authorize any member or employee of the Commission to take any action that the Commission is authorized to take under this Act. (d) Procurement.-- (1) In general.--The Commission may procure supplies, services, and property, and make or enter into contracts, leases, or other legal agreements, to carry out this Act (except that a contract, lease, or other legal agreement made or entered into by the Commission shall not extend beyond the date of termination of the Commission). (2) Limitation.--The Commission may not purchase real property. (e) Postal Services.--The Commission may use the United States mails in the same manner and under the same conditions as other agencies of the Federal Government. (f) Grants and Technical Assistance.--The Commission may-- (1) provide grants in amounts not to exceed $20,000 per grant to communities and nonprofit organizations for use in developing programs to assist in the commemoration; (2) provide grants to research and scholarly organizations to research, publish, or distribute information relating to the arrival of Africans in the United States; and (3) provide technical assistance to States, localities, and nonprofit organizations to further the commemoration. SEC. 6. COMMISSION PERSONNEL MATTERS. (a) Compensation of Members.-- (1) In general.--Except as provided in paragraph (2), a member of the Commission shall serve without compensation. (2) Federal employees.--A member of the Commission who is an officer or employee of the Federal Government shall serve without compensation other than the compensation received for the services of the member as an officer or employee of the Federal Government. (b) Travel Expenses.--A member of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of the duties of the Commission. (c) Director and Staff.-- (1) In general.--The Chairperson of the Commission may, without regard to the civil service laws (including regulations), nominate an executive director to enable the Commission to perform the duties of the Commission. (2) Confirmation of executive director.--The employment of an executive director shall be subject to confirmation by the Commission. (d) Compensation.-- (1) In general.--Except as provided in paragraph (2), the Commission may fix the compensation of the executive director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates. (2) Maximum rate of pay.--The rate of pay for the executive director and other personnel shall not exceed the rate payable for level V of the Executive Schedule under section 5316 of title 5, United States Code. (e) Detail of Government Employees.-- (1) Federal employees.-- (A) Detail.--At the request of the Commission, the head of any Federal agency may detail, on a reimbursable or nonreimbursable basis, any of the personnel of the agency to the Commission to assist the Commission in carrying out the duties of the Commission under this Act. (B) Civil service status.--The detail of an employee under subparagraph (A) shall be without interruption or loss of civil service status or privilege. (2) State employees.--The Commission may-- (A) accept the services of personnel detailed from the State; and (B) reimburse the State for services of detailed personnel. (f) Procurement of Temporary and Intermittent Services.--The Chairperson of the Commission may procure temporary and intermittent services in accordance with section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. (g) Volunteer and Uncompensated Services.--Notwithstanding section 1342 of title 31, United States Code, the Commission may accept and use such voluntary and uncompensated services as the Commission determines to be necessary. (h) Support Services.-- (1) In general.--The Secretary shall provide to the Commission, on a reimbursable basis, such administrative support services as the Commission may request. (2) Reimbursement.--Any reimbursement under this paragraph shall be credited to the appropriation, fund, or account used for paying the amounts reimbursed. (i) No Effect on Authority.--Nothing in this section supersedes the authority of the National Park Service with respect to the commemoration. SEC. 7. PLANS; REPORTS. (a) Strategic Plan.--The Commission shall prepare a strategic plan for the activities of the Commission carried out under this Act. (b) Final Report.--Not later than July 1, 2020, the Commission shall complete and submit to Congress a final report that contains-- (1) a summary of the activities of the Commission; (2) a final accounting of funds received and expended by the Commission; and (3) the findings and recommendations of the Commission. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to the Commission such sums as are necessary to carry out this Act. (b) Availability.--Amounts made available under subsection (a) shall remain available until July 1, 2020. SEC. 9. TERMINATION OF COMMISSION. (a) Date of Termination.--The Commission shall terminate on July 1, 2020. (b) Transfer of Documents and Materials.--Before the date of termination specified in subsection (a), the Commission shall transfer all documents and materials of the Commission to the National Archives or another appropriate Federal entity.

Summary: . 400 Years of African-American History Commission Act (Sec. 3) This bill establishes the 400 Years of African-American History Commission to develop and carry out activities throughout the United States to commemorate the 400th anniversary of the arrival of Africans in the English colonies at Point Comfort, Virginia, in 1619. The commission must: plan programs to acknowledge the impact that slavery and laws that enforced racial discrimination had on the United States; encourage civic, patriotic, historical, educational, artistic, religious, and economic organizations to organize and participate in anniversary activities; assist states, localities, and nonprofit organizations to further the commemoration; and coordinate for the public scholarly research on the arrival of Africans in the United States and their contributions to this country. (Sec. 5) The commission may provide: (1) grants to communities and nonprofit organizations for the development of programs; (2) grants to research and scholarly organizations to research, publish, or distribute information relating to the arrival of Africans in the United States; and (3) technical assistance to states, localities, and nonprofit organizations to further the commemoration. (Sec. 7) The commission must prepare a strategic plan and submit a final report to Congress that contains a summary of its activities, an accounting of its received and expended funds, and its recommendations. (Sec. 9) The commission shall terminate on July 1, 2020.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Preventive Medicine and Public Health Training Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The American Board of Preventive medicine defines preventive medicine as ``that specialty of medical practice which focuses on the health of individuals and defined populations in order to protect, promote and maintain health and well-being and prevent disease, disability and premature death''. (2) Specialists in preventive medicines are uniquely trained in both clinical medicine and public health. They have the skills needed to understand and reduce the risks of disease, disability and death in individuals and in population groups. (3) Preventive medicine includes both clinical and non- clinical aspects. Clinicians see patients on a daily basis and provide services in screening, health counseling, and immunization to diabetics, cardiac patients, and others who can benefit from prevention and lifestyle modification. Non- clinical preventive medicine includes health policy, social and behavioral aspects of health and disease, epidemiology, or other areas in which populations, not individual patients, are the primary focus. Many preventive medicine physicians practice both clinical and non-clinical medicine. (4) Of the 24 medical specialities recognized by the American Board of Medical Specialties, preventive medicine is the only specialty that requires training in both clinical medicine and public health. (5) While preventive medicine doctors are employed in all health sectors, they often serve in lead roles within the public health force, working in State and local health departments, as well as Federal Government agencies, such as the Centers for Disease Control and Prevention and the National Institutes of Health. (6) In the workplace, preventive medicine doctors in occupational medicine parallel the general public health system in dealing with illnesses and injuries in workplace populations through worker protection, personal health promotion, hazard control, business continuity and effective medical management. (7) There is an extreme shortage of doctors in the public health field. For example, only 23 percent of local health agencies are directed by physicians and 8 percent are directed by physicians who have masters of public health degrees or are fellows in the American College of Preventive Medicine. (8) Many of these physicians are nearing retirement, and the average age of public health doctors today is 58 years. (9) The Health Resources and Services Administration reports that the demand for public health professionals will grow at twice the rate of all occupations between 2000 and 2010. (10) In addition, as the body of evidence supporting the effectiveness of clinical and population-based interventions to prevent and control diseases continues to expand, so does the need for specialists trained in preventive medicine. (11) The Health Resources and Services Administration reported that in 2000, there were 7,011 preventive medicine specialists. This was a decrease from 7,734 in 1970. (12) The number of preventive medicine residency programs has decreased from 90 in 1998-1999 to 76 programs today. Over this same period, the number of preventive medicine residents declined from 420 to 364. (13) In 2000, less than 3 percent of all medical school faculty also held masters degrees in public health. An even smaller number had completed preventive medicine training or were board certified in preventive medicine. (14) Preventive medicine trained physicians are an essential part of the public health workforce and are critical to the Nation's ability to protect its citizens from biological threats, including avian influenza and emerging threats from bioterrorism. SEC. 3. PREVENTIVE MEDICINE AND PUBLIC HEALTH TRAINING GRANT PROGRAM. Part D of title III of the Public Health Service Act (42 U.S.C. 254b et seq.) is amended by adding at the end the following: ``Subpart XI--Preventive Medicine Training ``SEC. 340H. PREVENTIVE MEDICINE AND PUBLIC HEALTH TRAINING GRANT PROGRAM. ``(a) Grants.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, may award grants to, or enter into contracts with, eligible entities to provide training to graduate medical residents in preventive medicine specialties. ``(b) Eligibility.--To be eligible to receive a grant or contract under subsection (a), an entity shall-- ``(1) be a school of public health, public health department, school of medicine or osteopathic medicine, public or private hospital, or public or private nonprofit entity; ``(2) submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require; and ``(3) maintain and adhere to a letter of agreement with a local community health center (if available in the local area involved) that supports practicum training of preventive medicine residents, if practicable. ``(c) Use of Funds.--Amounts received under a grant or contract under this section shall be used to-- ``(1) plan, develop, and operate residency programs for preventive medicine or public health; ``(2) provide financial assistance, including tuition and stipends, to resident physicians (MD or DO) who plan to specialize in preventive medicine or public health; ``(3) defray the costs associated with the planning, development, and operation of preventive medicine or public health programs, including the development of curriculum to be used in such programs, and the costs of practicum experiences; and ``(4) provide for the improvement of academic administrative units. ``(d) Duration of Award.--A grant or contract under this section shall be for a term of not to exceed 5 years. ``(e) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section, $43,000,000 for fiscal year 2010, and such sums as may be necessary for each succeeding fiscal year.''.

Summary: Preventive Medicine and Public Health Training Act - Amends the Public Health Service Act to authorize the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention (CDC), to award grants to or enter into contracts with certain eligible entities to provide training to graduate medical residents in preventive medicine specialties. Requires grant funds to be used for: (1) residency programs for preventive medicine or public health; (2) financial assistance to resident physicians who plan to specialize in preventive medicine or public health; (3) preventive medicine or public health program costs, including curriculum development and practicum costs; and (4) the improvement of academic administrative units.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Fracture Prevention and Osteoporosis Testing Act of 2007''. SEC. 2. FINDINGS. Congress finds the following: (1) Since 1997, Congress has recognized the importance of osteoporosis prevention by standardizing reimbursement under the Medicare program for bone mass measurement. (2) One decade later, osteoporosis remains underdiagnosed and untreated despite numerous Federal initiatives, including recommendations of the United States Preventive Services Task Force, the 2004 United States Surgeon General's Report on Bone Health and Osteoporosis, and inclusion of bone mass measurement in the Welcome to Medicare exam. (3) Even though osteoporosis is a highly manageable disease, many patients lack access to early diagnosis that can prevent debilitating fractures, morbidity, and loss of mobility. (4) Although Caucasians are most likely to sustain osteoporosis fractures, the cost of fractures among the nonwhite population is projected to increase by as much as 180 percent over the next 20 years. (5) Black women are more likely than White women to die following a hip fracture. (6) Osteoporosis is a critical women's health issue. Women account for 71 percent of fractures and 75 percent of osteoporosis-associated costs. (7) The World Health Organization, the Centers for Medicare & Medicaid Services, and other medical experts concur that the most widely accepted method of measuring bone mass to predict fracture risk is dual-energy x-ray absorptiometry (in this Act referred to as ``DXA''). Vertebral fracture assessment (in this Act referred to as ``VFA'') is another test used to identify patients at high risk for future fracture. (8) Unlike other imaging procedures, bone mass measurement testing remains severely underutilized with less than 20 percent of eligible Medicare beneficiaries taking advantage of the benefit. (9) Underutilization of bone mass measurement will strain the Medicare budget because-- (A) 55 percent of the people age 50 and older in 2002 had osteoporosis or low bone mass; (B) more than 61,000,000 people in the United States are projected to have osteoporosis or low bone mass in 2020, as compared to 43,000,000 in 2002; (C) osteoporosis fractures are projected to increase by almost 50 percent over the next 2 decades with at least 3,000,000 fractures expected to occur annually by 2025; (D) the population aged 65 and older represents 89 percent of fracture costs; and (E) the economic burden of osteoporosis fractures are projected to increase by 50 percent over the next 2 decades, reaching $25,300,000,000 in 2025. (10) Underutilization of bone mass measurement will also strain the Medicaid budget, which funds treatment for osteoporosis in low-income Americans. (11) Reimbursement under the Medicare program for DXA provided in physician offices and other non-hospital settings was reduced by 40 percent and will be reduced by a total of 75 percent by 2010. This drop represents one of the largest reimbursement reductions in the history of the Medicare program. Reimbursement for VFA will also be reduced by 50 percent by 2010. (12) The reduction in reimbursement discourages physicians from continuing to provide access to DXA or VFA in their offices. Since two-thirds of all DXA scans are performed in nonfacility settings, such as physician offices, patient access to bone mass measurement will be severely compromised when physicians discontinue providing those tests in their offices, thereby exacerbating the current underutilization of the benefit. SEC. 3. MINIMUM PAYMENT FOR BONE MASS MEASUREMENT. (a) In General.--Section 1848(b) of the Social Security Act (42 U.S.C. 1395w-4(b)) is amended by adding at the end the following: ``(5) Treatment of bone mass scans.--Notwithstanding the provisions of paragraph (1), the Secretary shall establish a national minimum payment amount for CPT code 77080 (relating to dual-energy x-ray absorptiometry) and CPT code 77082 (relating to vertebral fracture assessment), and any successor to such codes as identified by the Secretary. Such minimum payment amount shall not be less than 100 percent of the reimbursement rates in effect for such codes (or predecessor codes) on December 31, 2006.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to bone mass measurement furnished on or after January 1, 2008. SEC. 4. STUDY AND REPORT BY THE INSTITUTE OF MEDICINE. (a) In General.--The Secretary of Health and Human Services shall enter into an arrangement with the Institute of Medicine of the National Academies to conduct a study on the following: (1) The ramifications of Medicare reimbursement reductions for DXA and VFA on beneficiary access to bone mass measurement benefits in general and in rural and minority communities specifically. (2) Methods to increase use of bone mass measurement by Medicare beneficiaries. (b) Report.--The agreement entered into under subsection (a) shall provide for the Institute of Medicine to submit to the Secretary and the Congress, not later than 1 year after the date of the enactment of this Act, a report containing a description of the results of the study conducted under such subsection and the conclusions and recommendations of the Institute of Medicine regarding each of the issues described in paragraphs (1) and (2) of such subsection.

Summary: Medicare Fracture Prevention and Osteoporosis Testing Act of 2007 - Amends title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services to establish a national minimum payment amount for CPT code 77080 (relating to dual energy x-ray absorptiometry, or DXA, the most widely accepted method of measuring bone mass to predict fracture risk) and CPT code 77082 (relating to vertebral fracture assessment, or VFA), and any successor to such codes as identified by the Secretary (bone mass scans). Directs the Secretary to arrange with the Institute of Medicine of the National Academies to conduct a study for a report to the Secretary and Congress on: (1) the ramifications of Medicare reimbursement reductions for DXA and VFA on beneficiary access to bone mass measurement benefits; and (2) the methods to increase use of bone mass measurement by Medicare beneficiaries.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Date Certain Tax Code Replacement Act''. SEC. 2. PURPOSE. The purpose of this Act is to set a date certain for replacing the Internal Revenue Code of 1986 with a simple and fair alternative. SEC. 3. TERMINATION OF INTERNAL REVENUE CODE OF 1986. (a) In General.--No tax shall be imposed by the Internal Revenue Code of 1986-- (1) for any taxable year beginning after December 31, 2005; and (2) in the case of any tax not imposed on the basis of a taxable year, on any taxable event or for any period after December 31, 2005. (b) Exception.--Subsection (a) shall not apply to taxes imposed by-- (1) chapter 2 of such Code (relating to tax on self- employment income); (2) chapter 21 of such Code (relating to Federal Insurance Contributions Act); and (3) chapter 22 of such Code (relating to Railroad Retirement Tax Act). SEC. 4. NATIONAL COMMISSION ON TAX REFORM AND SIMPLIFICATION. (a) Findings.--The Congress finds the following: (1) The Internal Revenue Code of 1986 is overly complex, imposes significant burdens on individuals and businesses and the economy, is extremely difficult for the Internal Revenue Service to administer, and is in need of fundamental reform and simplification. (2) Many of the problems encountered by taxpayers in dealing with the Internal Revenue Service could be eliminated or alleviated by fundamental reform and simplification. (3) The Federal Government's present fiscal outlook for continuing and sustained budget surpluses provides a unique opportunity for the Congress to consider measures for fundamental reform and simplification of the tax laws. (4) Recent efforts to simplify or reform the tax laws have not been successful due in part to the difficulty of developing broad-based, nonpartisan support for proposals to make such changes. (5) Many of the problems with the Internal Revenue Service stem from the overly complex tax code the agency is asked to administer. (b) Establishment.-- (1) In general.--To carry out the purposes of this section, there is established within the legislative branch a National Commission on Tax Reform and Simplification (in this section referred to as the ``Commission''). (2) Composition.--The Commission shall be composed of 15 members, as follows: (A) Three members appointed by the President, two from the executive branch of the Government and one from private life. (B) Four members appointed by the majority leader of the Senate, one from Members of the Senate and three from private life. (C) Two members appointed by the minority leader of the Senate, one from Members of the Senate and one from private life. (D) Four members appointed by the Speaker of the House of Representatives, one from Members of the House and three from private life. (E) Two members appointed by the minority leader of the House of Representatives, one from Members of the House and one from private life. (3) Chair.--The Commission shall elect a Chair (or two Co- Chairs) from among its members. (4) Meetings, quorums, vacancies.--After its initial meeting, the Commission shall meet upon the call of the Chair (Co-Chairs, if elected) or a majority of its members. Nine members of the Commission shall constitute a quorum. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner in which the original appointment was made. Any meeting of the Commission or any subcommittee thereof may be held in executive session to the extent that the Chair (Co-Chairs, if elected) or a majority of the members of the Commission or subcommittee determine appropriate. (5) Continuation of membership.--If-- (A) any individual who appointed a member to the Commission by virtue of holding a position described in paragraph (2) ceases to hold such position before the report of the Commission is submitted under subsection (g); or (B) a member was appointed to the Commission as a Member of Congress and the member ceases to be a Member of Congress, or was appointed to the Commission because the member was not an officer or employee of any government and later becomes an officer or employee of a government, that member may continue as a member for not longer than the 30-day period beginning on the date that such individual ceases to hold such position or such member ceases to be a Member of Congress or becomes such an officer or employee, as the case may be. (6) Appointment; initial meeting.-- (A) Appointment.--It is the sense of the Congress that members of the Commission should be appointed not more than 60 days after the date of the enactment of this Act. (B) Initial meeting.--If, after 60 days from the date of the enactment of this Act, eight or more members of the Commission have been appointed, members who have been appointed may meet and select the Chair (or Co-Chairs) who thereafter shall have the authority to begin the operations of the Commission, including the hiring of staff. (c) Functions of the Commission.-- (1) In general.--The functions of the Commission shall be-- (A) to conduct, for a period of not to exceed 18 months from the date of its first meeting, the review described in paragraph (2); and (B) to submit to the Congress a report of the results of such review, including recommendations for fundamental reform and simplification of the Internal Revenue Code of 1986, as described in subsection (g). (2) Review.--The Commission shall review-- (A) the present structure and provisions of the Internal Revenue Code of 1986, especially with respect to-- (i) its impact on the economy (including the impact on savings, capital formation and capital investment); (ii) its impact on families and the workforce (including issues relating to distribution of tax burden); (iii) the compliance cost to taxpayers; and (iv) the ability of the Internal Revenue Service to administer such provisions; (B) whether tax systems imposed under the laws of other countries could provide more efficient and fair methods of funding the revenue requirements of the government; (C) whether the income tax should be replaced with a tax imposed in a different manner or on a different base; and (D) whether the Internal Revenue Code of 1986 can be simplified, absent wholesale restructuring or replacement thereof. (d) Powers of the Commission.-- (1) In general.--The Commission or, on the authorization of the Commission, any subcommittee or member thereof, may, for the purpose of carrying out the provisions of this section, hold such hearings and sit and act at such times and places, take such testimony, receive such evidence, and administer such oaths, as the Commission or such designated subcommittee or designated member may deem advisable. (2) Contracting.--The Commission may, to such extent and in such amounts as are provided in appropriation Acts, enter into contracts to enable the Commission to discharge its duties under this section. (3) Assistance from federal agencies and offices.-- (A) Information.--The Commission is authorized to secure directly from any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality of the Government, as well as from any committee or other office of the legislative branch, such information, suggestions, estimates, and statistics as it requires for the purposes of its review and report. Each such department, bureau, agency, board, commission, office, establishment, instrumentality, or committee shall, to the extent not prohibited by law, furnish such information, suggestions, estimates, and statistics directly to the Commission, upon request made by the Chair (Co-Chairs, if elected). (B) Treasury department.--The Secretary of the Treasury is authorized on a nonreimbursable basis to provide the Commission with administrative services, funds, facilities, staff, and other support services for the performance of the Commission's functions. (C) General services administration.--The Administrator of General Services shall provide to the Commission on a nonreimbursable basis such administrative support services as the Commission may request. (D) Joint committee on taxation.--The staff of the Joint Committee on Taxation is authorized on a nonreimbursable basis to provide the Commission with such legal, economic, or policy analysis, including revenue estimates, as the Commission may request. (E) Other assistance.--In addition to the assistance set forth in subparagraphs (A), (B), (C), and (D), departments and agencies of the United States are authorized to provide to the Commission such services, funds, facilities, staff, and other support services as they may deem advisable and as may be authorized by law. (4) Postal services.--The Commission may use the United States mails in the same manner and under the same conditions as departments and agencies of the United States. (5) Gifts.--The Commission may accept, use, and dispose of gifts or donations of services or property in carrying out its duties under this section. (e) Staff of the Commission.-- (1) In general.--The Chair (Co-Chairs, if elected), in accordance with rules agreed upon by the Commission, may appoint and fix the compensation of a staff director and such other personnel as may be necessary to enable the Commission to carry out its functions without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III or chapter 53 of such title relating to classification and General Schedule pay rates, except that no rate of pay fixed under this subsection may exceed the equivalent of that payable to a person occupying a position at level V of the Executive Schedule under section 5316 of title 5, United States Code. Any Federal Government employee may be detailed to the Commission without reimbursement from the Commission, and such detailee shall retain the rights, status, and privileges of his or her regular employment without interruption. (2) Consultant services.--The Commission is authorized to procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, but at rates not to exceed the daily rate paid a person occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code. (f) Compensation and Travel Expenses.-- (1) Compensation.-- (A) In general.--Except as provided in subparagraph (B), each member of the Commission may be compensated at not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day during which that member is engaged in the actual performance of the duties of the Commission. (B) Exception.--Members of the Commission who are officers or employees of the United States or Members of Congress shall receive no additional pay on account of their service on the Commission. (2) Travel expenses.--While away from their homes or regular places of business in the performance of services for the Commission, members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703(b) of title 5, United States Code. (g) Report of the Commission; Termination.-- (1) Report.--Not later than 18 months after the date of the first meeting of the Commission, the Commission shall submit a report to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate. The report of the Commission shall describe the results of its review (as described in subsection (c)(2)), shall make such recommendations for fundamental reform and simplification of the Internal Revenue Code of 1986 as the Commission considers appropriate, and shall describe the expected impact of such recommendations on the economy and progressivity and general administrability of the tax laws. (2) Termination.-- (A) In general.--The Commission, and all the authorities of this section, shall terminate on the date which is 90 days after the date on which the report is required to be submitted under paragraph (1). (B) Concluding activities.--The Commission may use the 90-day period referred to in subparagraph (A) for the purposes of concluding its activities, including providing testimony to committees of Congress concerning its report and disseminating that report. (h) Authorization of Appropriations.--There is authorized to be appropriated such sums as may be necessary for the activities of the Commission. Until such time as funds are specifically appropriated for such activities, $2,000,000 shall be available from fiscal year 2002 funds appropriated to the Treasury Department, ``Departmental Offices'' account, for the activities of the Commission, to remain available until expended. SEC. 5. TIMING OF IMPLEMENTATION. In order to ensure an easy transition and effective implementation, the Congress hereby declares that any new Federal tax system shall be approved by Congress in its final form no later than July 4, 2005. If a new Federal tax system is not so approved by July 4, 2005, then Congress shall be required to vote to reauthorize the Internal Revenue Code of 1986.

Summary: Date Certain Tax Code Replacement Act - Prohibits the imposition of any tax by the Internal Revenue Code: (1) for any taxable year beginning after December 31, 2005; and (2) in the case of any tax not imposed on the basis of a taxable year, on any taxable event or for any period after December 31, 2005. Excepts the: (1) tax on self-employment income (chapter 2 of the Code); (2) Federal Insurance Contributions Act (chapter 21 of the Code); and (3) Railroad Retirement Tax Act (chapter 22 of the Code).Establishes the National Commission on Tax Reform and Simplification to review: (1) the present structure and provisions of the Code; (2) whether the tax systems of other countries could provide more efficient and fair methods of funding government revenue requirements; (3) whether the income tax should be replaced with a tax imposed in a different manner or on a different base; and (4) whether the Code can be simplified, absent wholesale restructuring or replacement. Requires a Commission report to Congress on review results, with recommendations for Code reform and simplification. Terminates the Commission 90 days after such report.Authorizes appropriations (with interim funding).Declares that any new Federal tax system should be approved by Congress in its final form before July 4, 2005, and, if not, Congress should be required to vote to reauthorize the Code.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Equal Access to Medicare Options Act of 2009''. SEC. 2. GUARANTEED ISSUE OF MEDIGAP POLICIES TO ALL MEDICARE BENEFICIARIES. (a) In General.--Section 1882(s) of the Social Security Act (42 U.S.C. 1395ss(s)) is amended-- (1) in paragraph (2)(A), by striking ``65 years of age or older and is enrolled for benefits under part B'' and inserting ``entitled to, or enrolled for, benefits under part A and enrolled for benefits under part B''; (2) in paragraph (2)(D), by striking ``who is 65 years of age or older as of the date of issuance and''; and (3) in paragraph (3)(B)(vi), by striking ``at age 65''. (b) Phase-In Authority.-- (1) In general.--Subject to paragraph (2), the Secretary of Health and Human Services may phase in the implementation of the amendments made under subsection (a) in such manner as the Secretary determines appropriate to minimize any adverse impact on individuals enrolled under a Medicare supplemental policy prior to the effective date of this Act. (2) Limit.--The phase-in period under paragraph (1) shall not exceed 5 years. (c) Separate Premium Class.-- (1) In general.--Subject to paragraph (2), any individuals enrolled under a Medicare supplemental policy pursuant to the amendments made under subsection (a) shall be classified by the issuer as part of a separate premium class. (2) Limit.--The provision in paragraph (1) shall apply to individuals that enroll under a Medicare supplemental policy prior to January 1, 2015. (d) Additional Enrollment Period for Certain Individuals.-- (1) One-time enrollment period.-- (A) In general.--In the case of an individual described in paragraph (2), the Secretary shall establish a one-time enrollment period during which such an individual may enroll in any Medicare supplemental policy of the individual's choosing. (B) Period.--The enrollment period established under subparagraph (A) shall begin on the date on which the phase-in period under subsection (b) is completed and end 6 months after such date. (2) Individual described.--An individual described in this paragraph is an individual who-- (A) is entitled to hospital insurance benefits under part A under section 226(b) or section 226A of the Social Security Act (42 U.S.C. 426(b); 426-1); (B) is enrolled for benefits under part B of such Act (42 U.S.C. 1395j et seq.); and (C) would not, but for the provisions of and amendments made by this section, be eligible for the guaranteed issue of a Medicare supplemental policy under section 1882(s)(2) of such Act (42 U.S.C. 1395ss(s)(2)). (3) Outreach plan.--The Secretary shall develop an outreach plan to notify individuals described in paragraph (2) of the one-time enrollment period established under paragraph (1). SEC. 3. GUARANTEED ISSUE OF MEDIGAP POLICIES FOR MEDICARE ADVANTAGE AND MEDICAID ENROLLEES. (a) In General.--Section 1882(s)(3) of the Social Security Act (42 U.S.C. 1395ss(s)(3)), as amended by section 2, is amended-- (1) in subparagraph (B), by adding at the end the following new clauses: ``(vii) The individual was enrolled in a Medicare Advantage plan under part C for not less than 12 months and subsequently disenrolled from such plan and elects to receive benefits under this title through the original Medicare fee-for-service program under parts A and B. ``(viii) The individual-- ``(I) is entitled to, or enrolled for, benefits under part A and enrolled for benefits under part B; ``(II) was eligible for medical assistance under a State plan or waiver under title XIX and was enrolled in such plan or waiver; and ``(III) subsequently lost eligibility for such medical assistance.''; and (2) by striking subparagraph (C)(iii) and inserting the following: ``(iii) Subject to subsection (v)(1), for purposes of an individual described in clause (vi), (vii), or (viii) of subparagraph (B), a Medicare supplemental policy described in this subparagraph shall include any Medicare supplemental policy.''. (3) in subparagraph (E)-- (A) in clause (iv), by striking ``and'' at the end; (B) in clause (v), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following new clauses: ``(vi) in the case of an individual described in subparagraph (B)(vii), the annual, coordinated election period (as defined in section 1851(e)(3)(B)) or a continuous open enrollment period (as defined in section 1851(e)(2)) during which the individual disenrolls from a Medicare Advantage plan under part C; and ``(vii) in the case of an individual described in subparagraph (B)(viii), the period beginning on the date that the individual receives a notice of cessation of such individual's eligibility for medical assistance under the State plan or waiver under title XIX and ending on the date that is 123 days after the individual receives such notice.''. (b) Effective Date.--The amendments made by subsection (a) shall apply to Medicare supplemental policies effective on or after January 1, 2010. SEC. 4. ENROLLMENT OF INDIVIDUALS WITH END STAGE RENAL DISEASE IN MEDICARE ADVANTAGE. (a) In General.--Section 1851(a) of the Social Security Act (42 U.S.C. 1395w-21(a)) is amended by striking paragraph (3) and inserting the following: ``(3) Medicare+Choice Eligible Individual.--In this title, the term `Medicare+Choice eligible individual' means an individual who is entitled to benefits under part A and enrolled under part B.''. (b) Conforming Amendments.-- (1) Section 1852(b) of the Social Security Act (42 U.S.C. 1395w-22(b)) is amended by striking paragraph (1) and inserting the following: ``(1) Beneficiaries.--A Medicare+Choice organization may not deny, limit, or condition the coverage or provision of benefits under this part, for individuals permitted to be enrolled with the organization under this part, based on any health status-related factor described in section 2702(a)(1) of the Public Health Service Act. The Secretary shall not approve a plan of an organization if the Secretary determines that the design of the plan and its benefits are likely to substantially discourage enrollment by certain MA eligible individuals with the organization.''. (2) Section 1859(b)(6)(B) of such Act (42 U.S.C. 1395w- 28(b)(6)(B)) is amended in the second sentence by striking ``may waive application of section 1851(a)(3)(B) in the case of an individual described in clause (i), (ii), or (iii) of this subparagraph and''. (c) Effective Date.--The amendments made by this section shall apply to plan years beginning on or after January 1, 2010.

Summary: Equal Access to Medicare Options Act of 2009 - Amends title XVIII (Medicare) of the Social Security Act to provide all Medicare beneficiaries, regardless of whether they have enrolled in Medicare part B, as well as Medicare Advantage and Medicaid enrollees with the right to guaranteed issue of a supplemental insurance (Medigap) policy. Amends part C (Medicare+Choice) of SSA title XVIII to permit enrollment of individuals with end stage renal disease (ESRD) in Medicare Advantage.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Public School Emergency Relief Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) In 2014, the United States experienced an unprecedented influx in arrivals of unaccompanied alien children. (2) Between January 1, 2014, and July 31, 2014, the Department of Health and Human Services Office of Refugee Resettlement released 37,477 unaccompanied alien children to sponsors nationwide. (3) Federal law, as upheld by the Supreme Court decision Plyer v. Doe, permits all children residing in the United States access to a public elementary and secondary education regardless of their immigration status. (4) An unprecedented influx of unaccompanied alien children has resulted in a strain on the Nation's public school system. (5) In response to these conditions, this Act creates an emergency grant for the 2014-2015 school year tailored to the needs of local educational agencies affected by enrollment increases attributable to unaccompanied alien children. SEC. 3. TEMPORARY EMERGENCY IMPACT AID FOR IMMIGRANT STUDENTS. (a) Temporary Emergency Impact Aid Authorized.-- (1) Aid to state educational agencies.--From amounts appropriated to carry out this Act, the Secretary of Education shall provide emergency impact aid to State educational agencies to enable the State educational agencies to make emergency impact aid payments to eligible local educational agencies and eligible BIA-funded schools to enable such eligible local educational agencies and schools to provide for the instruction of students served by such agencies and schools. (2) Aid to local educational agencies and bia-funded schools.--A State educational agency shall make emergency impact aid payments to eligible local educational agencies and eligible BIA-funded schools in accordance with subsection (c). (3) Notice of funds availability.--Not later than 14 calendar days after the date of enactment of this Act, the Secretary of Education shall publish in the Federal Register a notice of the availability of funds under this section. (b) Application.-- (1) State educational agency.--A State educational agency that desires to receive emergency impact aid under this section shall submit an application to the Secretary of Education, not later than 7 calendar days after the date by which an application under paragraph (2) must be submitted, in such manner, and accompanied by such information as the Secretary of Education may reasonably require, including information on the total immigrant student child count of the State provided by eligible local educational agencies in the State and eligible BIA-funded schools in the State under paragraph (2). (2) Local educational agencies and bia-funded schools.--An eligible local educational agency or eligible BIA-funded school that desires an emergency impact aid payment under this section shall submit an application to the State educational agency, not later than 14 calendar days after the date of the publication of the notice described in subsection (a)(3), in such manner, and accompanied by such information as the State educational agency may reasonably require, including documentation submitted quarterly for the 2014-2015 school year that indicates the following: (A) In the case of an eligible local educational agency, the number of immigrant students enrolled in the elementary schools and secondary schools (including charter schools) served by such agency for such quarter. (B) In the case of an eligible BIA-funded school, the number of immigrant students enrolled in such school for such quarter. (3) Determination of number of immigrant students.--In determining the number of immigrant students for a quarter under paragraph (2), an eligible local educational agency or eligible BIA-funded school shall include the number of immigrant students served-- (A) in the case of a determination for the first quarterly installment, during the quarter prior to the date of enactment of this Act; and (B) in the case of a determination for each subsequent quarterly installment, during the quarter immediately preceding the quarter for which the installment is provided. (c) Amount of Emergency Impact Aid.-- (1) Aid to state educational agencies.-- (A) In general.--The amount of emergency impact aid received by a State educational agency for the 2014- 2015 school year shall equal the product of-- (i) the increase (if any) in the number of immigrant students-- (I) as determined by the eligible local educational agencies and eligible BIA-funded schools in the State under subsection (b)(2); over (II) the number of such students enrolled during the corresponding quarter of the 2012-2013 school year; and (ii) $12,000. (B) Insufficient funds.--If the amount available under this section to provide emergency impact aid under this subsection is insufficient to pay the full amount that a State educational agency is eligible to receive under this section, the Secretary of Education shall ratably reduce the amount of such emergency impact aid. (C) Retention of state share.--In the case of a State educational agency that has made a payment prior to the date of enactment of this Act to a local educational agency for the purpose of covering additional costs incurred as a result of enrolling an immigrant student in a school served by the local educational agency, the State educational agency may retain a portion of the payment described in paragraph (2)(A)(ii) that bears the same relation to the total amount of the payment under such paragraph as the sum of such prior payments bears to the total cost of attendance for all students in that local educational agency for whom the State educational agency made such prior payments. (2) Aid to eligible local educational agencies and eligible bia-funded schools.-- (A) Quarterly installments.-- (i) In general.--A State educational agency shall provide emergency impact aid payments under this section on a quarterly basis for the 2014-2015 school year by such dates as determined by the Secretary of Education. Such quarterly installment payments shall be based on the number of immigrant students reported under subsection (b)(2). (ii) Payment amount.--Subject to paragraph (1)(B), each quarterly installment payment under clause (i) shall equal 25 percent of the amount determined under paragraph (1)(A). (iii) Timeline.--The Secretary of Education shall establish a timeline for quarterly reporting on the number of immigrant students in order to make the appropriate disbursements in a timely manner. (iv) Insufficient funds.--If, for any quarter, the amount available under this section to make payments under this subsection is insufficient to pay the full amount that an eligible local educational agency or eligible BIA-funded school is eligible to receive under this section, the State educational agency shall ratably reduce the amount of such payments. (3) Immigrant students.--Subject to the subsection (d), an eligible local educational agency or eligible BIA-funded school receiving emergency impact aid payments under this section shall use the payments to provide services and assistance to elementary schools and secondary schools (including charter schools) served by such agency, or to such BIA-funded school, that enrolled an immigrant student. (d) Use of Funds.-- (1) Authorized uses.--The authorized uses of funds are the following: (A) Paying the compensation of personnel, including teacher aides, in schools enrolling immigrant students. (B) Identifying and acquiring curricular material, including the costs of providing additional classroom supplies, and mobile educational units and leasing sites or spaces. (C) Basic instructional services for such students, including tutoring, mentoring, or academic counseling. (D) Reasonable transportation costs. (E) Health and counseling services. (F) Education and support services. (G) Other uses as allowed under title III of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6801 et seq.). (2) Provision of special education and related services.-- (A) In general.--In the case of an immigrant student who is a child with a disability, any payment made on behalf of such student to an eligible local educational agency shall be used to pay for special education and related services consistent with the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.). (B) Definitions.--In subparagraph (A), the terms ``child with a disability'', ``special education'', and ``related services'' have the meaning given such terms in section 602 of the Individuals with Disabilities Education Act (20 U.S.C. 1401). (e) Return of Aid.-- (1) Eligible local educational agency or eligible bia- funded school.--An eligible local educational agency or eligible BIA-funded school that receives an emergency impact aid payment under this section shall return to the State educational agency any payment provided to the eligible local educational agency or school under this section that the eligible local educational agency or school has not obligated by the end of the 2014-2015 school year in accordance with this section. (2) State educational agency.--A State educational agency that receives emergency impact aid under this section, shall return to the Secretary of Education-- (A) any aid provided to the agency under this section that the agency has not obligated by the end of the 2014-2015 school year in accordance with this section; and (B) any payment funds returned to the State educational agency under paragraph (1). (f) Limitation on Use of Aid and Payments.--Aid and payments provided under this section shall only be used for expenses incurred during the 2014-2015 school year. (g) Administrative Expenses.--A State educational agency that receives emergency impact aid under this section may use not more than 1 percent of such aid for administrative expenses. An eligible local educational agency or eligible BIA-funded school that receives emergency impact aid payments under this section may use not more than 2 percent of such payments for administrative expenses. (h) Special Funding Rule.--In calculating funding under section 8003 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7703) for an eligible local educational agency that receives an emergency impact aid payment under this section, the Secretary of Education shall not count immigrant students served by such agency for whom an emergency impact aid payment is received under this section, nor shall such students be counted for the purpose of calculating the total number of children in average daily attendance at the schools served by such agency as provided in section 8003(b)(3)(B)(i) of such Act (20 U.S.C. 7703(b)(3)(B)(i)). (i) Nondiscrimination.-- (1) In general.--Nothing in this Act may be construed to alter or modify the provisions of the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.), title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), and the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.). (2) Prohibition.--A school that enrolls an immigrant student under this section shall not discriminate against students on the basis of race, color, national origin, religion, disability, or sex. (3) Rule of construction.--The amount of any payment (or other form of support provided on behalf of an immigrant student) under this section shall not be treated as income of a parent or guardian of the student for purposes of Federal tax laws or for determining eligibility for any other Federal program. (j) Treatment of State Aid.--A State shall not take into consideration emergency impact aid payments received under this section by a local educational agency in the State in determining the eligibility of such local educational agency for State aid, or the amount of State aid, with respect to free public education of children. SEC. 4. DEFINITIONS. (a) In General.--Unless otherwise specified, the terms used in this Act have the meanings given the terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (b) Specific Definitions.--In this Act: (1) Eligible local educational agency.--The term ``eligible local educational agency'' means a local educational agency that serves an elementary school or secondary school (including a charter school) in which there is enrolled an immigrant student. (2) Eligible bia-funded school.--The term ``eligible BIA- funded school'' means a school funded by the Bureau of Indian Affairs in which there is enrolled an immigrant student. (3) Immigrant student.--The term ``immigrant student'' has the meaning given the term ``immigrant children and youth'' in section 3301 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7011).

Summary: Public School Emergency Relief Act - Directs the Secretary of Education to provide emergency impact aid payments to states and, through them, to local educational agencies and Indian schools for each quarter of the 2014-2015 school year for any increase in the enrollment of immigrant children from the corresponding quarter of the 2012-2013 school year. Requires the payments to be used to provide services and assistance to schools that enroll immigrant students. Authorizes the funds to be used for: compensating school personnel, identifying and acquiring curricular material and mobile educational units and leasing sites or spaces, basic instructional services for immigrant students, reasonable transportation costs, health and counseling services, education and support services, and other uses allowed under title III (Language Instruction for Limited English Proficient and Immigrant Students) of the Elementary and Secondary Education Act of 1965. Requires any payment made on behalf of a disabled immigrant student to be used for special education and related services. Prohibits the use of the emergency impact aid for any expenses that are not incurred during the 2014-2015 school year.