SECTION 1. SHORT TITLE. This Act may be cited as the ``Television Viewer Privacy Act of 2003''. SEC. 2. PROTECTION OF PRIVACY OF USERS OF INTERACTIVE VIDEO-RELATED SERVICES. (a) In General.--An interactive video-related service provider may not collect, maintain, or disclose any personal viewing information regarding a subscriber to the service that is personally identifiable, without the prior written or electronic consent of such subscriber, except-- (1) to render, or conduct a legitimate business activity related to, the service provided to the subscriber by such provider, including billing for such service; or (2) as provided in subsection (c) or (d). (b) Requirements for Consent.--Consent shall not be considered to be made by a subscriber, for purposes of this subsection, unless prior to the writing or electronic communication granting the consent, the subscriber is provided a separate statement that clearly and conspicuously informs the subscriber of-- (1) the nature of personally identifiable information collected or to be collected with respect to the subscriber and the nature and use of such information; (2) the nature, frequency, and purpose of any disclosure that may be made of such information, including an identification of the types of persons to whom the disclosure may be made; (3) the period during which such information will be maintained by the interactive video-related service provider; (4) the limitations provided by this section with respect to the collection, maintenance, and disclosure of information by an interactive video-related service provider and the methods under subsections (f) and (g) by which such limitations may be enforced. If, after a statement referred to in the preceding sentence is provided to a subscriber, there is any change with respect to any of the information described in paragraphs (1) through (5), such statement shall not be sufficient for purposes of this subsection. (c) Disclosure Pursuant to Court Order.--An interactive video- related service provider may disclose such personally identifiable personal viewing information, to the extent necessary to comply with a court order authorizing such disclosure to a governmental entity, but only if-- (1) the subscriber is notified of such order by the person to whom the order is directed; and (2) in the proceeding relevant to such court order-- (A) such entity offers clear and convincing evidence that the subject of the information is reasonably suspected of engaging in criminal activity and that the information disclosed would be material evidence in the case; and (B) the subject of the information is afforded the opportunity to appear and contest such entity's claim. (d) Right of Subscriber to Access Information.--If personally identifiable viewing information regarding a subscriber to a service provided by an interactive video-related service provider is collected, the subscriber shall have access to such information for as long as such information is maintained. (e) Destruction of Information.--An interactive video-related service provider shall destroy any personally identifiable personal viewing information that is collected by the service as soon as such information is no longer necessary for the purpose for which it was collected or maintained pursuant to subsection (a) and there are no pending requests or orders for access to such information under subsection (d) or pursuant to a court order. (f) FTC Enforcement.-- (1) Unfair or deceptive act.--This section shall be enforced by the Federal Trade Commission as if the violation of this section were an unfair or deceptive act or practice proscribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). (2) Actions by ftc.--The Federal Trade Commission shall prevent any person from violating this section in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this section. Any entity that violates any provision of this section is subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act in the same manner, by the same means, and with the same jurisdiction, power, and duties as though all applicable terms and provisions of the Federal Trade Commission Act were incorporated into and made a part of this section. (3) Jurisdiction.--Notwithstanding section 5(a)(2) of the Federal Trade Commission Act (15 U.S.C. 45(a)(2)), communications common carriers shall be subject to the jurisdiction of the Federal Trade Commission for purposes of this section. (g) Enforcement by States.-- (1) In general.--In any case in which the attorney general of a State has reason to believe that an interest of the residents of that State has been or is threatened or adversely affected by any interactive video-related service provider who violates this section, the State may bring a civil action in a United States district court-- (A) to enjoin further violation of this section by the defendant; or (B) to obtain damages on behalf of residents of the State, as provided in paragraph (2). (2) Damages, fees, and costs.--In an action under paragraph (1)(B), the court may award-- (A) actual damages, but not less than liquidated damages computed at the rate of $100 a day for each day of violation or $1,000, whichever is higher; (B) punitive damages; and (C) reasonable attorneys' fees and other litigation costs reasonably incurred. (h) Other Remedies.--The remedies provided by this Act shall be in addition to any other lawful remedy available to a subscriber to an interactive video-related service. (i) Definitions.--For purposes of this section, the following definitions shall apply: (1) Interactive video-related services provider.-- (A) In general.--Except as provided in subparagraph (B), the term ``interactive video-related services provider'' means any person who has access to personal viewing information through-- (i) the provision of video programming (as such term is defined in section 602 of the Communications Act of 1934 (47 U.S.C. 522); (ii) services for recording of video programming; (iii) navigation devices, computer software, or information; (iv) converter boxes; (v) interactive communications equipment; or (vi) other equipment that is used by consumers to access multichannel video programming or other services offered through a service providing multichannel video programming. (B) Exception.--Such term shall not include any cable operator (as such term is defined in section 602 of the Communications Act of 1934. (2) Legitimate business activity.--The term ``legitimate business activity'' means, with respect to an interactive video-related service provider, any interaction between a consumer and the provider that is necessary to maintain the providing of a good or service requested by the consumer, including approving, guaranteeing, processing, administering, completing, enforcing, providing, or marketing a product, service, account, benefit, transaction, or payment method that is requested or approved by the consumer. (3) Personal viewing information.--The term ``personal viewing information'' means, with respect to multichannel video programming provided to a person, information regarding the video programming that the person views, displays, or records. (4) Personally identifiable information.--The term ``personally identifiable information'' does not include any record of aggregate data that does not identify particular persons. (5) Video programming.--The term ``video programming'' has the meaning given such term in section 602 of the Communications Act of 1934. (j) Preemption of State Laws.--This section supercedes any statute, regulation, or rule of a State or political subdivision of a State that expressly regulates the collection, maintenance, or disclosure of personal viewing information, regarding multichannel video programming, that is personally identifiable.

Summary: Television Viewer Privacy Act of 2003 - Prohibits an interactive video-related service provider (provider) from collecting, maintaining, or disclosing any personally identifiable viewing information (information) regarding a subscriber without the prior written or electronic consent of such subscriber, except: (1) to render or conduct a legitimate business activity related to the service provided; (2) pursuant to a court order authorizing disclosure to a governmental entity; or (3) to such subscriber. Requires, for such consent, that the subscriber be provided a separate statement that clearly and conspicuously informs the subscriber of: (1) the nature of the information collected and its intended use; (2) the nature, frequency, and purpose of any disclosure that may be made; (3) the period during which the information will be maintained by the provider; and (4) required limitations with respect to the collection, maintenance, and disclosure of such information by the provider and the methods by which such limitations may be enforced. Requires a provider to destroy any collected information as soon as it is no longer necessary. Provides for: (1) enforcement through the Federal Trade Commission or by the States; and (2) damages, including actual and punitive damages.


SECTION 1. SHORT TITLE. This Act may be cited as the ``First-time Homebuyer Affordability Act of 1999''. SEC. 2. FINDINGS AND POLICY. (a) Findings.--The Congress finds that-- (1) it is desirable to make funds available from individual retirement plans to encourage first time home ownership, and (2) the tax and penalty on the premature withdrawal of funds from individual retirement plans are substantial impediments to making such funds available for that purpose. (b) Policy.--It is the policy of the Congress to remove impediments to home investment by first-time homebuyers by permitting owners of individual retirement plans to direct the trustees of such plans to invest plan funds as home equity or debt in the homes of such owners or in the home of family members who are first-time homebuyers. SEC. 3. CERTAIN RETIREMENT PLANS AUTHORIZED TO MAKE EQUITY INVESTMENTS IN PRINCIPAL RESIDENCES FOR FIRST-TIME HOMEBUYERS. (a) Exemption From Prohibited Transaction Rules.--Section 4975 of the Internal Revenue Code of 1986 (relating to tax on prohibited transactions) is amended by redesignating subsections (h) and (i) as subsections (i) and (j), respectively, and by inserting after subsection (g) the following new subsection: ``(h) Special Rule for Home Equity Participation Arrangements.-- ``(1) In general.--The prohibitions provided in subsection (c) shall not apply to any qualified home equity participation arrangement to the extent that the amount paid to acquire the ownership interest referred to paragraph (2)(A) does not exceed $10,000. ``(2) Qualified home equity participation arrangement.--For purposes of this subsection-- ``(A) In general.--The term `qualified home equity participation arrangement' means an arrangement-- ``(i) under which the trustee of an individual retirement plan, at the direction of the eligible participant, shall acquire an ownership interest in any dwelling unit which within a reasonable period of time (determined at the time the arrangement is executed) is to be used as the principal residence for a first- time homebuyer, and ``(ii) which meets the requirements of subparagraph (B). ``(B) Ownership interest requirement.--An arrangement shall meet the requirements of this subparagraph if the ownership interest described in subparagraph (A)-- ``(i) is a fee interest in such property (and, in the case of an arrangement which is not otherwise at arm's length, the trustee's fee interest would be reasonable in an arm's length arrangement), ``(ii) by its terms requires repayment in full upon the sale or other transfer of the dwelling unit, and ``(iii) may not be used as security for any loan secured by any interest in the dwelling unit. ``(3) Definitions.--For purposes of this subsection-- ``(A) Eligible participant.--The term `eligible participant' means an individual on whose behalf an individual retirement plan is established. ``(B) First-time homebuyer.--The term `first-time homebuyer' means an individual who-- ``(i) is an eligible participant or qualified family member, and ``(ii) had (and if married, such individual's spouse had) no present ownership interest in a principal residence at any time during the 24-month period before the date of the arrangement. ``(C) Qualified family member.--The term `qualified family member' means a child (as defined in section 151(c)(3)), parent, or grandparent of the eligible participant (or such participant's spouse). Section 152(b)(2) shall apply in determining if an individual is a parent or grandparent of an eligible participant (or such participant's spouse). ``(D) Acquisition; etc.-- ``(i) Acquisition.--The term `acquisition' includes construction, reconstruction, and improvement related to such acquisition. ``(ii) Acquisition cost.--The term `acquisition cost' has the meaning given such term by section 143(k)(3). ``(E) Principal residence.--The term `principal residence' has the same meaning as when used in section 121.''. (b) Effective Date.--The amendment made by this section shall apply to arrangements entered into after the date of the enactment of this Act. SEC. 4. LOANS USED TO ACQUIRE PRINCIPAL RESIDENCES FOR FIRST-TIME HOMEBUYERS. (a) Individual Retirement Plans.--Section 408(e) of the Internal Revenue Code of 1986 (relating to tax treatment of accounts and annuities) is amended by adding at the end thereof the following new paragraph: ``(7) Loans used to purchase a home for first-time homebuyers.-- ``(A) In general.--Paragraph (3) shall not apply to any qualified home purchase loan made by an individual retirement plan. ``(B) Qualified home purchase loan.--For purposes of this paragraph, the term `qualified home purchase loan' means a loan-- ``(i) made by the trustee of an individual retirement plan at the direction of the individual on whose behalf such plan is established, ``(ii) the proceeds of which are used for the acquisition of a dwelling unit which within a reasonable period of time (determined at the time the loan is made) is to be used as the principal residence for a first-time homebuyer, ``(iii) which by its terms requires interest on the loan to be paid not less frequently than monthly, ``(iv) which by its terms requires repayment in full not later than the earlier of-- ``(I) the date which is 15 years after the date of acquisition of the dwelling unit, or ``(II) the date of the sale or other transfer of the dwelling unit, ``(v) which by its terms treats-- ``(I) any amount required to be paid under clause (iii) during any taxable year which is not paid at the time required to be paid, and ``(II) any amount remaining unpaid as of the beginning of the taxable year beginning after the period described in clause (iv), as distributed during such taxable year to the individual on whose behalf such plan is established and subject to section 72(t)(1), and ``(vi) which bears interest from the date of the loan at a rate not less than 2 percentage points below, and not more than 2 percentage points above, the rate for comparable United States Treasury obligations on such date. Nothing in this paragraph shall be construed to require such a loan to be secured by the dwelling unit. ``(C) Limitation on amount of loans.--The amount of borrowings to which paragraph (3) does not apply by reason of this paragraph shall not exceed $10,000. ``(D) Denial of interest deduction.--No deduction shall be allowed under this chapter for interest on any qualified home purchase loan. ``(E) Definitions.--For purposes of this paragraph-- ``(i) First-time homebuyer.--The term `first-time homebuyer' has the meaning given such term by section 4975(h)(3)(B). ``(ii) Acquisition.--The term `acquisition' has the meaning given such term by section 4975(h)(3)(D)(i). ``(iii) Principal residence.--The term `principal residence' has the same meaning as when used in section 121. ``(iv) Date of acquisition.--The term `date of acquisition' means the date-- ``(I) on which a binding contract to acquire the principal residence to which subparagraph (B) applies is entered into, or ``(II) on which construction, reconstruction, or improvement of such a principal residence is commenced.''. (b) Prohibited Transaction.--Section 4975(d) of the Internal Revenue Code of 1986 (relating to exemptions from tax on prohibited transactions) is amended by striking ``or'' at the end of paragraph (14), by striking the period at the end of paragraph (15) and inserting ``; or'', and by inserting after paragraph (15) the following new paragraph: ``(16) any loan that is a qualified home purchase loan (as defined in section 408(e)(7)(B)).''. (c) Effective Date.--The amendments made by this section shall apply to loans made after the date of the enactment of this Act.

Summary: Allows the use of amounts in an individual retirement plan to make loans of up to $10,000 to purchase a home for a first-time homebuyer on behalf of an eligible participant or a family member. Prohibits a related interest deduction. Requires repayment within 15 years.


SECTION 1. DEDUCTION OF PREMIUMS FOR HIGH DEDUCTIBLE HEALTH PLANS. (a) In General.--Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to additional itemized deductions for individuals) is amended by redesignating section 224 as section 225 and by inserting after section 223 the following new section: ``SEC. 224. PREMIUMS FOR HIGH DEDUCTIBLE HEALTH PLANS. ``(a) Deduction Allowed.--In the case of an individual, there shall be allowed as a deduction for the taxable year the aggregate amount paid by such individual as premiums under a high deductible health plan with respect to months during such year for which such individual is an eligible individual with respect to such health plan. ``(b) Definitions.--For purposes of this section-- ``(1) Eligible individual.--The term `eligible individual' has the meaning given such term by section 223(c)(1). ``(2) High deductible health plan.--The term `high deductible health plan' has the meaning given such term by section 223(c)(2). ``(c) Special Rules.-- ``(1) Deduction limits.-- ``(A) Deduction allowable for only 1 plan.--For purposes of this section, in the case of an individual covered by more than 1 high deductible health plan for any month, the individual may only take into account amounts paid for such month for the plan with the lowest premium. ``(B) Plans covering ineligible individuals.--If 2 or more individuals are covered by a high deductible health plan for any month but only 1 of such individuals is an eligible individual for such month, only 50 percent of the aggregate amount paid by such eligible individual as premiums under the plan with respect to such month shall be taken into account for purposes of this section. ``(2) Group health plan coverage.-- ``(A) In general.--No deduction shall be allowed to an individual under subsection (a) for any amount paid for coverage under a high deductible health plan for a month if that individual participates in any coverage under a group health plan (within the meaning of section 5000 without regard to section 5000(d)). ``(B) Exception for plans only providing contributions to health savings accounts.--Subparagraph (A) shall not apply to an individual if the individual's only coverage under a group health plan for a month consists of contributions by an employer to a health savings account with respect to which the individual is the account beneficiary. ``(C) Exception for certain permitted coverage.-- Subparagraph (A) shall not apply to an individual if the individual's only coverage under a group health plan for a month is coverage described in clause (i) or (ii) of section 223(c)(1)(B). ``(3) Medical and health savings accounts.--Subsection (a) shall not apply with respect to any amount which is paid or distributed out of an Archer MSA or a health savings account which is not included in gross income under section 220(f) or 223(f), as the case may be. ``(4) Coordination with deduction for health insurance of self-employed individuals.--Any amount taken into account by the taxpayer in computing the deduction under section 162(l) shall not be taken into account under this section. ``(5) Coordination with medical expense deduction.--Any amount taken into account by the taxpayer in computing the deduction under this section shall not be taken into account under section 213.''. (b) Deduction Allowed Whether or Not Individual Itemizes Other Deductions.--Subsection (a) of section 62 of such Code is amended by inserting before the last sentence at the end the following new paragraph: ``(21) Premiums for high deductible health plans.--The deduction allowed by section 224.''. (c) Coordination With Section 35 Health Insurance Costs Credit.-- Section 35(g)(2) of such Code is amended by striking ``or 213'' and inserting ``, 213, or 224''. (d) Clerical Amendment.--The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by redesignating the item relating to section 224 as an item relating to section 225 and by inserting before such item the following new item: ``Sec. 224. Premiums for high deductible health plans.''. (e) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2006. SEC. 2. CREDIT FOR CERTAIN EMPLOYMENT TAXES PAID WITH RESPECT TO PREMIUMS FOR HIGH DEDUCTIBLE HEALTH PLANS AND CONTRIBUTIONS TO HEALTH SAVINGS ACCOUNTS. (a) Allowance of Credit.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by redesignating section 36 as section 37 and by inserting after section 35 the following new section: ``SEC. 36. EMPLOYMENT TAXES PAID WITH RESPECT TO PREMIUMS FOR HIGH DEDUCTIBLE HEALTH PLANS AND CONTRIBUTIONS TO HEALTH SAVINGS ACCOUNTS. ``(a) Allowance of Credit.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to the product of-- ``(1) the sum of the rates of tax in effect under sections 3101(a), 3101(b), 3111(a), and 3111(b) for the calendar year in which the taxable year begins, multiplied by ``(2) the sum of-- ``(A) the aggregate amount paid by such individual as premiums under a high deductible health plan which is allowed as a deduction under section 224 for the taxable year, and ``(B) the aggregate amount paid to a health savings account of such individual which is allowed as a deduction under section 223 for the taxable year. ``(b) Credit Limited to Certain Employment Taxes.-- ``(1) In general.--The credit allowed under subsection (a) with respect to any individual for any taxable year shall not exceed the specified employment taxes with respect to such individual for such taxable year. ``(2) Specified employment taxes.--For purposes of this subsection, the term `specified employment taxes' means, with respect to any individual for any taxable year, the sum of-- ``(A) the taxes imposed under sections 3101(a), 3101(b), 3111(a), 3111(b), 3201(a), 3211(a), and 3221(a) (taking into account any adjustments or refunds under section 6413) with respect to wages and compensation received by such individual during the calendar year in which such taxable year begins, and ``(B) the taxes imposed under subsections (a) and (b) of section 1401 with respect to the self-employment income of such individual for such taxable year. ``(c) Special Rule for Employment Compensation in Excess of Social Security Contribution Base.-- ``(1) In general.--If the aggregate amount of employment compensation received by any individual during the calendar year in which the taxable year begins exceeds the contribution and benefit base (as determined under section 230 of the Social Security Act), the amount of the credit determined under subsection (a) (determined before application of subsection (b)) shall be equal to the sum of-- ``(A) the amount determined under subsection (a) by only taking into account so much of the amount determined under subsection (a)(2) as does not exceed such excess and by only taking into account the rates of tax in effect under section 3101(b) and 3111(b), and ``(B) the amount determined under subsection (a) by only taking into account so much of the amount determined under subsection (a)(2) as is not taken into account under subparagraph (A) and by taking into account each of the rates of tax referred to in subsection (a)(1). ``(2) Employment compensation.--For purposes of this subsection, the term `employment compensation' means, with respect to any individual for any taxable year, the sum of-- ``(A) the wages (as defined in section 3121(a)) and compensation (as defined in section 3231(e)) received by such individual during the calendar year in which such taxable year begins, and ``(B) the self-employment income (as defined in section 1402(b)) of such individual for such taxable year.''. (b) Increase in Additional Tax on Distributions Not Used for Qualified Medical Expenses.--Paragraph (4) of section 223(f) of such Code (relating to additional tax on distributions not used for qualified medical expenses) is amended to read as follows: ``(4) Additional tax on distributions not used for qualified medical expenses.-- ``(A) In general.--The tax imposed by this chapter on the account beneficiary for any taxable year in which there is a payment or distribution from a health savings account of such beneficiary which is includible in gross income under paragraph (2) shall be increased by 30 percent of the amount which is so includible. ``(B) Exception for disability or death.--In the case of payments or distributions made after the account beneficiary becomes disabled within the meaning of section 72(m)(7) or dies, subparagraph (A) shall be applied by substituting `15 percent' for `30 percent'. ``(C) Exception for distributions after medicare eligibility.--In the case of payments or distributions made after the date on which the account beneficiary attains the age specified in section 1811 of the Social Security Act, subparagraph (A) shall be applied by substituting `15 percent' for `30 percent'.''. (c) Conforming Amendments.-- (1) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting ``or section 36'' after ``section 35''. (2) The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by striking the item relating to section 36 and by inserting after the item relating to section 35 the following new items: ``Sec. 36. Employment taxes paid with respect to premiums for high deductible health plans and contributions to health savings accounts. ``Sec. 37. Overpayments of tax.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2006.

Summary: Amends the Internal Revenue Code to allow: (1) a tax deduction from gross income (available to taxpayers who do not itemize deductions) for insurance premiums for high deductible health plans; and (2) a tax credit for certain employment taxes related to premiums for high deductible health plans and contributions to health savings accounts.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Motor Vehicle Owners' Right to Repair Act of 2005''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1) The ability to diagnose, service, and repair a motor vehicle in a timely, reliable, and affordable manner is essential to the safety and well-being of automotive consumers in the United States. (2) Consumers are entitled to choose among competing repair facilities for the convenient, reliable, and affordable repair of their motor vehicles. (3) Increased competition among repair facilities will benefit vehicle owners in the United States. (4) Computers of various kinds are increasingly being used in motor vehicle systems, such as pollution control, transmission, anti-lock brakes, electronic and mechanical systems, heating and air-conditioning, mobile electronics, airbags, and steering. (5) The diagnosis, service, and repair of these vehicle systems are essential to the safety and proper operation of modern motor vehicles. (6) In many instances, access codes prevent owners from making, or having made, the necessary diagnosis, service, and repair of their motor vehicles in a timely, convenient, reliable, and affordable manner. (7) Automobile manufacturers have restricted access to the information motor vehicle owners need in order to diagnose, service, and repair their vehicles, in a manner that has hindered open competition among repair facilities. (8) Consumers in the United States have benefited from the availability of a competitive aftermarket industry, or parts and accessories used in the repair, maintenance, or enhancement of a motor vehicle. The American economy has also benefited from the availability of a competitive aftermarket industry that provides jobs to over 5 million workers in over 495,000 businesses, and generates $200 billion in annual sales. (9) Vehicle owners in the United States should have the right-- (A) to all information necessary to allow the diagnosis, service, and repair of their vehicles; (B) to choose between original parts and aftermarket parts when repairing their motor vehicles; and (C) to make, or have made, repairs necessary to keep their vehicles in reasonably good and serviceable condition during the life of the vehicle. (10) The restriction of vehicle repair information and tools limits who can repair motor vehicles and what parts may be used to repair those vehicles, which limits consumer choice, impedes competition, and increases the costs of vehicle repair for consumers. (b) Purposes.--The purposes of this Act are: (1) To ensure the safety of all vehicle owners by requiring disclosure of all information necessary for the proper diagnosis, service, and repair of a vehicle in a timely, affordable, and reliable manner. (2) To encourage competition in the diagnosis, service, and repair of motor vehicles. SEC. 3. MANUFACTURER DISCLOSURE REQUIREMENTS. (a) Duty to Disclose.--The manufacturer of a motor vehicle sold or introduced into commerce in the United States shall promptly provide to the vehicle owner, or to a repair facility of the motor vehicle owner's choosing, the information necessary to diagnose, service, or repair the vehicle. The motor vehicle manufacturer shall make available all non- emission-related service information, training information, and diagnostic tools on a non-discriminatory basis to any repair facility of the owner's choosing, and shall not not limit such information to those repair facilities within the manufacturers' approved network. The information to be made available shall include the following: (1) The same service and training information related to vehicle repair shall be made available to all independent repair facilities in the same manner and extent as it is made available to franchised dealerships, and shall include all information needed to activate all controls that can be activated by a franchised dealership. (2) The same diagnostic tools and capabilities related to vehicle repair that are made available to franchised dealerships shall be made available to independent repair facilities. These diagnostic tools and capabilities shall be made available for purchase by motor vehicle owners or their agents through reasonable business means. The service and training information and manufacturer diagnostic capabilities shall be available to independent repair facilities, and to the companies from which they normally purchase diagnostic tools, without the need for the motor vehicle owner to return to a franchised dealership. (b) Protection of Trade Secrets.--Nothing in this Act shall be deemed to require the disclosure of trade secrets, nor the public disclosure of any information related exclusively to the design and manufacture of motor vehicle parts. No information necessary to repair a vehicle shall be withheld by a manufacturer if such information is provided (directly or indirectly) to franchised dealerships or other repair facilities. SEC. 4. REGULATIONS. (a) In General.--Not later than 1 year after the date of enactment of this Act, the Federal Trade Commission shall prescribe regulations setting forth an appropriate method by which manufacturers shall provide the information required by section 3, including disclosure in writing, via the Internet, or under such terms as the Commission determines appropriate. The regulations shall take effect upon final issuance of such regulations and shall apply to vehicles manufactured after model year 1994. (b) Limitation.--The Federal Trade Commission may not prescribe rules that interfere with the authority of, or conflict with rules prescribed by, the Administrator of the Environmental Protection Agency under section 202(m) of the Clean Air Act (42 U.S.C. 7521(m)) with regard to motor vehicle emissions control diagnostics systems. SEC. 5. ENFORCEMENT. (a) Unfair or Deceptive Act or Practice.--The failure by a manufacturer to comply with section 3(a) or the regulations prescribed under section 4 shall be treated as an unfair method of competition and an unfair or deceptive act or practice in or affecting commerce (within the meaning of section 5(a)(1) of the Federal Trade Commission Act (15 U.S.C. 45(a)(1))). A violation of this Act shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). (b) Actions by the Federal Trade Commission.--The Federal Trade Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act. Any entity that violates this Act shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act in the same manner, by the same means, and with the same jurisdiction, power, and duties as though all applicable terms and provisions of the Federal Trade Commission Act were incorporated into and made a part of this Act. (c) Effect on Other Laws.--Nothing contained in this Act shall be construed to limit the authority of the Federal Trade Commission under any other provisions of law. SEC. 6. DEFINITIONS. In this Act: (1) The terms ``manufacturer'', ``motor vehicle'', and ``motor vehicle equipment'' have the meanings given those terms in section 30102(a) of title 49, United States Code. (2) The term ``motor vehicle owner'' or ``vehicle owner'' means any person who owns, leases, or otherwise has the legal right to use and possess a motor vehicle. (3) The term ``repair facility'' means a facility maintained by a person engaged in the repair, diagnosing, or servicing of motor vehicles or motor vehicle engines.

Summary: Motor Vehicle Owners' Right to Repair Act of 2005 - Requires a manufacturer of a motor vehicle sold or introduced into commerce in the United States to disclose to the vehicle owner or to a repair facility of the motor vehicle owner's choosing the information necessary to diagnose, service, or repair the vehicle. Sets forth protections for trade secrets. Instructs the Federal Trade Commission (FTC) to prescribe a uniform methodology for manufacturer disclosure in writing and on the Internet. Prohibits the FTC from prescribing rules that interfere with the authority of the Administrator of the Environmental Protection Agency (EPA) regarding motor vehicle emissions control diagnostics systems. States that manufacturer noncompliance with this Act constitutes an unfair method of competition and an unfair or deceptive act or practice affecting commerce within the purview of the Federal Trade Commission Act.


SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Generic Pharmaceutical Access and Choice for Consumers Act of 2000''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings and purposes. TITLE I--ENCOURAGEMENT OF THE USE OF GENERIC DRUGS Sec. 101. Encouragement of the use of generic drugs under the Public Health Service Act. Sec. 102. Application to Federal employees health benefits program. Sec. 103. Application to medicare program. Sec. 104. Application to medicaid program. Sec. 105. Application to Indian Health Service. Sec. 106. Application to veterans programs. Sec. 107. Application to recipients of uniformed services health care. Sec. 108. Application to Federal prisoners. TITLE II--THERAPEUTIC EQUIVALENCE REQUIREMENTS FOR GENERIC DRUGS Sec. 201. Therapeutic equivalence of generic drugs. TITLE III--GENERIC PHARMACEUTICALS AND MEDICARE REFORM Sec. 301. Sense of the Senate regarding a preference for the use of generic pharmaceuticals under the medicare program. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress makes the following findings: (1) Generic pharmaceuticals are approved by the Food and Drug Administration on the basis of testing and other information establishing that such pharmaceuticals are therapeutically equivalent to brand-name pharmaceuticals, ensuring consumers a safe, efficacious, and cost-effective alternative to brand-name pharmaceuticals. (2) The pharmaceutical market has become increasingly competitive during the last decade because of the increasing availability and accessibility of generic pharmaceuticals. (3) The Congressional Budget Office estimates that-- (A) the substitution of generic pharmaceuticals for brand-name pharmaceuticals will save purchasers of pharmaceuticals between $8,000,000,000 and $10,000,000,000 each year; and (B) quality generic pharmaceuticals cost between 25 percent and 60 percent less than brand-name pharmaceuticals, resulting in an estimated average savings of $15 to $30 on each prescription filled. (4) Generic pharmaceuticals are widely accepted by both consumers and the medical profession, as the market share held by generic pharmaceuticals compared to brand-name pharmaceuticals has more than doubled during the last decade, from approximately 19 percent to 43 percent, according to the Congressional Budget Office. (b) Purposes.--The purposes of this Act are-- (1) to reduce the cost of prescription drugs to the United States Government and to beneficiaries under Federal health care programs while maintaining the quality of health care by encouraging the use of generic drugs rather than nongeneric drugs under those programs whenever feasible; and (2) to increase the utilization of generic pharmaceuticals by requiring the Food and Drug Administration, where appropriate, to determine that a generic pharmaceutical is the therapeutic equivalent of its brand-name counterpart, and by affording national uniformity to that determination. TITLE I--ENCOURAGEMENT OF THE USE OF GENERIC DRUGS SEC. 101. ENCOURAGEMENT OF THE USE OF GENERIC DRUGS UNDER THE PUBLIC HEALTH SERVICE ACT. (a) In General.--Part B of title II of the Public Health Service Act (42 U.S.C. 238 et seq.) is amended by adding at the end the following new section: ``SEC. 247. USE OF GENERIC DRUGS ENCOURAGED. ``(a) Each grant or contract entered into under this Act that involves the provision of health care items or services to individuals shall include provisions to ensure that, to the extent feasible, any prescriptions provided for under such grant or contract are filled by providing the generic form of the drug involved, unless the nongeneric form of the drug is-- ``(1) specifically ordered by the prescribing provider; or ``(2) requested by the individual for whom the drug is prescribed. ``(b) In this section: ``(1) The term `generic form of the drug' means a drug that is the subject of an application approved under section 505(j) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)), for which the Secretary has made a determination that the drug is the therapeutic equivalent of a listed drug under section 505(j)(5)(E) of that Act (21 U.S.C. 355(j)(5)(E)). ``(2) The term `nongeneric form of the drug' means a drug that is the subject of an application approved under section 505(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(b)).''. (b) Effective Date.--The amendment made by this section shall apply with respect to any drug furnished on or after the date of enactment of this Act. SEC. 102. APPLICATION TO FEDERAL EMPLOYEES HEALTH BENEFITS PROGRAM. (a) In General.--Section 8902 of title 5, United States Code, is amended by adding at the end the following new subsection: ``(p) To the extent feasible, if a contract under this chapter provides for the provision of, the payment for, or the reimbursement of the cost of any prescription drug, the carrier shall provide, pay, or reimburse the cost of the generic form of the drug (as defined in section 247(b)(1) of the Public Health Service Act), except, if the nongeneric form of the drug (as defined in section 247(b)(2) of such Act) is-- ``(1) specifically ordered by the prescribing provider; or ``(2) requested by the individual for whom the drug is prescribed.''. (b) Effective Date.--The amendment made by this section shall apply to any drug furnished during contract years beginning on or after January 1, 2001. SEC. 103. APPLICATION TO MEDICARE PROGRAM. (a) In General.--Section 1861(t) of the Social Security Act (42 U.S.C. 1395x(t)) is amended by adding at the end the following new paragraph: ``(3) For purposes of paragraph (1), the term `drugs' means, to the extent feasible, the generic form of the drug (as defined in section 247(b)(1) of the Public Health Service Act), unless the nongeneric form of such drug (as defined in section 247(b)(2) of such Act) is-- ``(A) specifically ordered by the health care provider; or ``(B) requested by the individual to whom the drug is provided.''. (b) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendment made by this section shall apply with respect to any drug furnished on or after the date of enactment of this Act. (2) Medicare+choice plans.--In the case of a Medicare+Choice plan offered by a Medicare+Choice organization under part C of title XVIII of the Social Security Act (42 U.S.C. 1395w-21 et seq.), the amendment made by this section shall apply to any drug furnished during contract years beginning on or after January 1, 2001. SEC. 104. APPLICATION TO MEDICAID PROGRAM. (a) In General.--Section 1902(a) of the Social Security Act (42 U.S.C. 1396a(a)) is amended-- (1) in paragraph (64), by striking ``and'' at the end; (2) in paragraph (65), by striking the period at the end and inserting ``; and''; and (3) by adding the following new paragraph: ``(66) provide that the State shall, in conjunction with the program established under section 1927(g), to the extent feasible, provide for the use of a generic form of a drug (as defined in section 247(b)(1) of the Public Health Service Act), unless the nongeneric form of the drug (as defined in section 247(b)(2) of such Act is-- ``(A) specifically ordered by the provider; or ``(B) requested by the individual to whom the drug is provided.''. (b) Effective Date.--The amendment made by this section shall apply with respect to any drug furnished under State plans that are approved or renewed on or after the date of enactment of this Act. SEC. 105. APPLICATION TO INDIAN HEALTH SERVICE. (a) In General.--Title II of the Indian Health Care Improvement Act (25 U.S.C. 1621 et seq.) is amended by adding at the end the following new subsection: ``SEC. 225. USE OF GENERIC DRUGS ENCOURAGED. ``In providing health care items or services under this Act, the Indian Health Service shall ensure that, to the extent feasible, any prescriptions that are provided for under this Act are filled by providing the generic form of the drug (as defined in section 247(b)(1) of the Public Health Service Act) involved, unless the nongeneric form of the drug (as defined in section 247(b)(2) of such Act) is-- ``(1) specifically ordered by the prescribing provider; or ``(2) requested by the individual for whom the drug is prescribed.''. (b) Effective Date.--The amendment made by this section shall apply with respect to any drug furnished on or after the date of enactment of this Act. SEC. 106. APPLICATION TO VETERANS PROGRAMS. (a) Use of Generic Drugs Encouraged.--Subchapter III of chapter 17 of title 38, United States Code, is amended by inserting after section 1722A the following new section: ``Sec. 1722B. Use of generic drugs encouraged ``When furnishing a prescription drug under this chapter, the Secretary shall furnish a generic form of the drug (as defined in section 247(b)(1) of the Public Health Service Act), unless the nongeneric form of the drug (as defined in section 247(b)(2) of such Act) is-- ``(1) specifically ordered by the prescribing provider; or ``(2) requested by the individual for whom the drug is prescribed.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 17 of such title is amended by inserting after the item relating to section 1722A the following new item: ``1722B. Use of generic drugs encouraged.''. (c) Effective Date.--The amendments made by this section shall apply with respect to any drug furnished on or after the date of enactment of this Act. SEC. 107. APPLICATION TO RECIPIENTS OF UNIFORMED SERVICES HEALTH CARE. (a) Use of Generic Drugs Encouraged.--Chapter 55 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 1110. Use of generic drugs encouraged ``The Secretary of Defense shall ensure that, whenever feasible, each health care provider who furnishes a drug furnishes the generic form of the drug (as defined in section 247(b)(1) of the Public Health Service Act), unless the nongeneric form of the drug (as defined in section 247(b)(2) of such Act) is-- ``(1) specifically ordered by the prescribing provider; or ``(2) requested by the individual for whom the drug is prescribed.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1109 the following new item: ``1110. Use of generic drugs encouraged.''. (c) Effective Date.--The amendments made by this section shall apply with respect to any drug furnished on or after the date of enactment of this Act. SEC. 108. APPLICATION TO FEDERAL PRISONERS. (a) In General.--Section 4006(b) of title 18, United States Code, is amended by adding at the end the following new paragraph: ``(3) Use of generic drugs encouraged.--The Attorney General shall ensure that, whenever feasible, each health care provider who furnishes a drug to a prisoner charged with or convicted of an offense against the United States furnishes the generic form of the drug (as defined in section 247(b)(1) of the Public Health Service Act), unless the nongeneric form of the drug (as defined in section 247(b)(2) of such Act) is-- ``(A) specifically ordered by the prescribing provider; or ``(B) requested by the prisoner for whom the drug is prescribed.''. (b) Effective Date.--The amendment made by this section shall apply with respect to any drug furnished on or after the date of enactment of this Act. TITLE II--THERAPEUTIC EQUIVALENCE REQUIREMENTS FOR GENERIC DRUGS SEC. 201. THERAPEUTIC EQUIVALENCE OF GENERIC DRUGS. (a) In General.--Section 505(j) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)) is amended-- (1) in paragraph (5), by adding at the end the following new subparagraph: ``(E)(i) For each abbreviated application filed under paragraph (1), the Secretary shall determine whether the new drug for which the application is filed is the therapeutic equivalent of the listed drug referred to in paragraph (2)(A)(i) prior to the approval of the application. ``(ii) For purposes of clause (i), a new drug is the therapeutic equivalent of a listed drug if-- ``(I) each active ingredient of the new drug and the listed drug is the same; ``(II) the new drug and the listed drug (aa) are of the same dosage form; (bb) have the same route of administration; (cc) are identical in strength or concentration; (dd) meet the same compendial or other applicable standards, except that the drugs may differ in shape, scoring, configuration, packaging, excipient, expiration time, or, subject to paragraph (2)(A)(v), labeling; and (ee) are expected to have the same clinical effect and safety profile when administered to patients under conditions specified in the labeling; and ``(III) the new drug does not (aa) present a known or potential bioequivalence problem and meets an acceptable in vitro standard; or (bb) if the new drug presents a known or potential bioequivalence problem, the drug is shown to meet an appropriate bioequivalence standard. ``(iii) With respect to a new drug for which an abbreviated application is filed under paragraph (1), the provisions of this subparagraph shall supersede any provisions of the law of any State relating to the determination of the therapeutic equivalence of the drug to a listed drug.''; and (2) in paragraph (7)(A), by adding at the end the following: ``(iv) The Secretary shall include in each revision of the list under clause (ii) on or after the date of enactment of this clause the official and proprietary name of each listed drug that is therapeutically equivalent to a new drug approved under this subsection during the preceding 30-day period, as determined under paragraph (5)(E).''. (b) Effective Date.--The amendments made by this section shall take effect on the date of enactment of this Act. TITLE III--GENERIC PHARMACEUTICALS AND MEDICARE REFORM SEC. 301. SENSE OF THE SENATE REGARDING A PREFERENCE FOR THE USE OF GENERIC PHARMACEUTICALS UNDER THE MEDICARE PROGRAM. It is the sense of the Senate that legislative language requiring, to the extent feasible, a preference for the safe and cost-effective use of generic pharmaceuticals should be considered in conjunction with any legislation that adds a comprehensive prescription drug benefit to the medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.).

Summary: Makes similar changes under the Federal Employee Health Benefits program, Medicare program, Medicaid program, and programs affecting Indians, veterans, the uniformed services, and prisoners. Title II: Therapeutic Equivalence Requirements for Generic Drugs - Amends the Federal Food, Drug, and Cosmetic Act to require that for each abbreviated drug application file there shall be a determination as to whether the new drug for which the application is filed is the therapeutic equivalent of a listed drug prior to the approval of the application. Title III: Generic Pharmaceuticals and Medicare Reform - Expresses the sense of the Senate that legislative language requiring, to the extent feasible, a preference for the safe and cost-effective use of generic pharmaceuticals should be considered in conjunction with any legislation that adds a comprehensive prescription drug benefit to the Medicare program.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Bank On Our Communities Act of 2009''. SEC. 2. COMMUNITY CREDIT RENEWAL PROGRAM. Section 103 of the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5213) is amended-- (1) by striking ``In exercising the authorities granted'' and inserting the following: ``(a) In General.--In exercising the authorities granted''; (2) in paragraph (5), by inserting before the semicolon the following: ``, except that the needs of certain small financial institutions may be taken into account, as set forth in paragraph (6), and the viability of certain small financial institutions may be established, as set forth in subsection (b)(3)''; and (3) by adding at the end the following: ``(b) Community Credit Renewal Program.-- ``(1) In general.--There is established within the Treasury the Community Credit Renewal Fund, which shall be used by the Secretary to provide assistance to community banking institutions in an amount not to exceed $15,000,000,000. ``(2) Transfer of funds.--Of amounts made available to carry out this title, the Secretary shall transfer $15,000,000,000 to Community Credit Renewal Fund for purposes of this subsection. ``(3) Determination of viability.--Notwithstanding any other provision of this title, the Secretary shall provide assistance under this subsection to any community banking institution, and a community banking institution may establish its long-term viability for purposes of subsection (a)(4), by demonstrating its receipt of capital from investors other than the Secretary, if-- ``(A) the amount of capital to be received from investors other than the Secretary is equal to or greater than the amount of capital to be received from the Secretary; ``(B) the aggregate amount of capital to be received from the Secretary and from investors other than the Secretary is determined, on the basis of a forward-looking assessment by the institution by its management (in consultation with the appropriate Federal banking agency), to enable the community banking institution to remain well-capitalized (as determined by the appropriate Federal banking agency) even under a reasonably adverse economic scenario during the 2-year period following the date of receipt of such capital, and to increase the outstanding loans of the community banking institution, by December 31, 2010, such that the total amount of commercial and industrial loans is at least 5 percent greater than the smallest amount of such loans held by the community banking institution, as of any quarter-end in calendar year 2009; ``(C) not later than-- ``(i) 20 business days prior to the proposed date of the investment by the Secretary, the community banking institution notifies the Secretary, or the designee selected by the Secretary to receive such notice, of the amount of capital that the community banking institution proposes to solicit from investors other than the Secretary, on the condition that such capital will be matched or supplemented by an investment by the Secretary, and of the amount of capital that the community banking institution proposes be invested by the Secretary; and ``(ii) the close of business on the 5th business day after the date of the receipt of notice under clause (i) (or such longer period as the Secretary may reasonably establish, up to an additional 10 business days), the Secretary does not notify the community banking institution of the refusal of the Secretary to make the matching or supplementary investment and the grounds for such refusal, including the determination of the Secretary, in consultation with the appropriate Federal banking agency, that the aggregate amount of capital to be raised would not be enough to meet the requirements of this subsection, provided, however, that the Secretary may not refuse to make a matching or supplementary investment to an institution solely on the grounds that the institution holds a CAMEL composite rating of 3 under the Uniform Financial Institutions Rating System (or an equivalent rating under a comparable rating system); ``(D) the capital is received from investors other than the Secretary on the same day as the date of receipt of capital from the Secretary, and such date is prior to the earlier of-- ``(i) 9 months after the date of enactment of this subsection; or ``(ii) September 30, 2010; and ``(E) the aggregate amount of funds invested by the Secretary under this subsection does not exceed $15,000,000,000. ``(4) Lending incentives and penalties.-- ``(A) Penalties.-- ``(i) In general.--The interest rate or dividend to be paid on the Federal capital provided under this subsection by a community banking institution shall be increased to a penalty rate established by the Secretary, which shall be not less than 5 percentage points higher than the initial dividend or interest rate set for all community banking institutions assisted under this subsection if, by December 31, 2010, the community banking institution has failed-- ``(I) to increase its total amount of commercial, industrial, and consumer loans by a dollar amount that is equal to the amount of capital received from the Secretary; or ``(II) to increase its total amount of commercial and industrial loans by a dollar amount that is at least 5 percent greater than the smallest amount of such loans held by the community banking institution as of any quarter end of the first three quarters in calendar year 2009. ``(ii) Exemption authority.--The Secretary may provide for exceptions to the provisions of this paragraph in the case of exigent circumstances, as determined by the Secretary. ``(B) Incentives for commercial and industrial loans.--Notwithstanding any other provision of this title-- ``(i) for each dollar that a community banking institution that has received assistance under this subsection does in commercial and industrial loans above the amounts described in subparagraph (A)(i)(II)-- ``(I) the community banking institution may redeem or repurchase one dollar of securities or stock held by the Secretary at a discount level established by the Secretary, except that such level shall be a minimum of 20 percent below par; or ``(II) the Secretary may, by rule, allow for a reduction in the interest or dividend paid on the securities; and ``(ii) if the dollar increase in lending by a community banking institution that has received assistance under this subsection exceeds the total Federal assistance under this subsection, the Secretary may establish rules for additional discounts on redemption of stock or securities held by the Secretary. ``(5) Definitions.--As used in this subsection-- ``(A) the term `community banking institution' means a insured depository institution, or a holding company thereof, having total assets of less than $5,000,000,000; and ``(B) the terms `insured depository institution' and `appropriate Federal banking agency' have the same meanings as in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813).''.

Summary: Bank On Our Communities Act of 2009 - Amends the Emergency Economic Stabilization Act of 2008 (EESA) to provide that the needs and viability of insured depository institutions with total assets of less than $5 billion (small financial institutions) may be taken into account by the Secretary of the Treasury when exercising authority under EESA. Establishes within the Treasury the Community Credit Renewal Fund to provide up to $15 billion in assistance to community banking institutions. Prescribes the manner in which a community banking institution may establish its long-term viability by demonstrating receipt of capital from investors other than the Secretary. Subjects a community banking institution to penalties if has failed by December 31, 2010, to: (1) increase its total amount of commercial, industrial, and consumer loans by a dollar amount equal to the amount of capital received from the Secretary; or (2) increase its total amount of commercial and industrial loans by a dollar amount at least 5 % greater than the smallest amount of such loans held by the community banking institution as of any quarter end of the first three quarters in calendar year 2009. Prescribes lending incentives to spur commercial and industrial loans by a community banking institution.


SECTION 1. SHORT TITLE. This Act may be cited as the ``No Qualified Teacher Left Behind Act of 2004''. SEC. 2. AMENDMENTS TO ESEA RELATING TO TEACHER QUALIFICATIONS. (a) Highly Qualified Definition.--Paragraph (23) of section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801) is amended-- (1) in subparagraph (B)(ii)-- (A) in subclause (I), by striking ``or'' at the end; and (B) by striking subclause (II) and inserting the following: ``(II) successful completion, in each of the academic subjects in which the teacher teaches, of an academic major or minor, a graduate degree, State certification of sufficient college-level coursework to satisfy this subclause, or advanced certification; or ``(III) passing a high objective uniform State standard of evaluation described in subparagraph (C)(ii) in each of the academic subjects in which the teacher teaches; and''; and (2) in clause (ii) of subparagraph (C)-- (A) in subclause (V), by striking ``but not be based primarily on'' and inserting ``but not be based solely on''; (B) by redesignating subclauses (VI) and (VII) as subclauses (VII) and (VIII), respectively; and (C) by inserting after subclause (V) the following: ``(VI) takes into consideration any professional development being pursued;''. (b) Rural School Districts.-- (1) Extension.--Subsection (a) of section 1119 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6319) is amended by adding at the end the following: ``(4) Rural school districts.-- ``(A) In general.--Notwithstanding the deadline described in paragraphs (2) and (3), a plan developed by a State educational agency or a local educational agency under this subsection shall ensure that all teachers who are described in such paragraphs, but are teaching in a rural school district, are highly qualified not later than the end of the 2008-2009 school year. ``(B) Definition.--For purposes of this paragraph, a rural school district means a local educational agency that-- ``(i) meets the eligibility criteria described in section 6211(b), including by obtaining a waiver under paragraph (2) of such section; and ``(ii) employs a percentage of teachers who are not highly qualified that is higher than the corresponding percentage for the State involved.''. (2) Additional funding.--Section 6234 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7355c) is amended-- (A) by striking ``There are'' and inserting ``(a) In General.--There are''; and (B) by adding at the end the following: ``(b) Highly Qualified Teachers.--For the purpose of making grants under subpart 2 to be used for teacher recruitment, retention, and professional development activities described in section 6222(a) in rural school districts (as that term is defined in section 1119(a)(4)), there are authorized to be appropriated $50,000,000 for fiscal year 2005 and such sums as may be necessary for each of fiscal years 2006 and 2007. Such authorization of appropriations is in addition to the authorization of appropriations in subsection (a).''. (c) Core Academic Subjects Only.--Paragraph (1) of section 1119(a) (20 U.S.C. 6319(a)) is amended by inserting ``, teaching in core academic subjects,'' after ``hired after such day''. (d) Proportion of Inexperienced Teachers.--Subparagraph (C) of section 1111(b)(8) (20 U.S.C. 6311(b)(8)) is amended by striking ``inexperienced, unqualified, or out-of-field teachers'' and inserting ``unqualified or out-of-field teachers''. (e) Other Grantees.--Subpart 2 of part E of title IX of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7901 et seq.) is amended by adding at the end the following: ``SEC. 9537. HIGHLY QUALIFIED TEACHERS. ``No entity may receive any funds under this Act unless, irrespective of whether the entity has applied for a grant under part A of title I, the entity ensures that all elementary school and secondary school teachers employed by the entity and teaching in core academic subjects are highly qualified not later than-- ``(1) the end of the 2005-2006 school year; or ``(2) in the case of a teacher in a rural school district (as that term is defined in section 1119(a)(4)), the end of the 2008-2009 school year.''.

Summary: No Qualified Teacher Left Behind Act of 2004 - Amends the Elementary and Secondary Education Act of 1965 (ESEA) with respect to teacher qualifications. Revises the definition of highly qualified teacher, in the case of middle or secondary school teachers who are new to the profession. Includes consideration of any professional development being pursued, in determining such qualifications for elementary, middle, or secondary school teachers who are not new to the profession. Provides for rural school districts: (1) an extension of a deadline for having highly qualified teachers; and (2) an authorization of additional appropriations for grants for teacher recruitment, retention, and professional development. Revises requirements for qualified teachers under ESEA title I part A (I-A) programs for disadvantaged students to: (1) apply only to teachers of core subjects; and (2) eliminate reference to the proportion of inexperienced teachers. Requires all ESEA grantees, whether under I-A or not, to meet specified qualification deadlines for all teachers of core subjects whom they employ.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Housing Opportunity and Mortgage Equity Act of 2013''. SEC. 2. AFFORDABLE REFINANCING OF MORTGAGES OWNED OR GUARANTEED BY FANNIE MAE AND FREDDIE MAC. (a) Authority.--The Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation shall each carry out a program under this section to provide for the refinancing of qualified mortgages on single-family housing owned by such enterprise through a refinancing mortgage, and for the purchase of and securitization of such refinancing mortgages, in accordance with this section and policies and procedures that the Director of the Federal Housing Finance Agency shall establish. Such program shall require such refinancing of a qualified mortgage upon the request of the mortgagor made to the applicable enterprise and a determination by the enterprise that the mortgage is a qualified mortgage. (b) Qualified Mortgage.--For purposes of this section, the term ``qualified mortgage'' means a mortgage, without regard to whether the mortgagor is current on or in default on payments due under the mortgage, that-- (1) is an existing first mortgage that was made for purchase of, or refinancing another first mortgage on, a one- to four-family dwelling, including a condominium or a share in a cooperative ownership housing association, that is occupied by the mortgagor as the principal residence of the mortgagor; (2) is owned or guaranteed by the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation; and (3) was originated on or before the date of the enactment of this Act. (c) Refinancing Mortgage.--For purposes of this section, the term ``refinancing mortgage'' means a mortgage that meets the following requirements: (1) Refinancing of qualified mortgage.--The principal loan amount repayment of which is secured by the mortgage shall be used to satisfy all indebtedness under an existing qualified mortgage. (2) Single-family housing.--The property that is subject to the mortgage shall be the same property that is subject to the qualified mortgage being refinanced. (3) Interest rate.--The mortgage shall bear interest at a single rate that is fixed for the entire term of the mortgage, which shall be equivalent to the premium received by the enterprise on the qualified mortgage being refinanced plus the cost of selling a newly issued mortgage having comparable risk and term to maturity in a mortgage-backed security, as such rate may be increased to the extent necessary to cover, over the term to maturity of the mortgage, any fee paid to the servicer pursuant to subsection (d), the cost of any title insurance coverage issued in connection with the mortgage, and, as determined by the Director, a portion of any administrative costs of the program under this section as may be attributable to the mortgage. (4) Waiver of prepayment penalties.--All penalties for prepayment or refinancing of the qualified mortgage that is refinanced by the mortgage, and all fees and penalties related to the default or delinquency on such mortgage, shall have been waived or forgiven. (5) Term to maturity.--The mortgage shall have a term to maturity of not more than 40 years from the date of the beginning of the amortization of the mortgage. (6) Prohibition on borrower fees.--The servicer conducting the refinancing shall not charge the mortgagor any fee for the refinancing of the qualified mortgage through the refinancing mortgage. (7) Title insurance.--The fee for title insurance coverage issued in connection with the mortgage shall be reasonable in comparison with fees for such coverage available in the market for mortgages having similar terms. (d) Fee to Servicer.--The Director may, in the Director's sole discretion, require each enterprise to pay to the servicer of a qualified mortgage a fee, in such amount as the Director considers appropriate, for each qualified mortgage of an enterprise that the servicer refinances through a refinancing mortgage pursuant to this section. (e) No Appraisal.--The enterprises may not require an appraisal of the property subject to a refinancing mortgage to be conducted in connection with such refinancing. (f) Termination.--The requirement under subsection (a) for the enterprises to refinance qualified mortgages shall not apply to any request for refinancing made after the expiration of the one-year period beginning on the date of the enactment of this Act, except that the Director may, by notice published before the expiration of such period, extend such period for such additional time as the Director considers appropriate. (g) Definitions.--For purposes of this section, the following definitions shall apply: (1) Director.--The term ``Director'' means the Director of the Federal Housing Finance Agency. (2) Enterprise.--The term ``enterprise'' means the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation. (h) Regulations.--The Director shall issue any regulations or guidance necessary to carry out the program under this section.

Summary: Housing Opportunity and Mortgage Equity Act of 2013 - Directs the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation (Freddie Mac) (government-sponsored enterprises or GSEs) each to carry out a one-year program providing for the refinancing of qualified single-family housing mortgages it owns through a refinancing mortgage (and for the purchase of and securitization of such refinancing mortgages) in accordance with this Act and the policies and procedures of the Federal Housing Finance Agency (FHFA). Defines a qualified mortgage as one, regardless of whether the mortgagor is current on payments due or in default, that: (1) is an existing first mortgage for purchase of, or refinancing another first mortgage on, a one- to four-family dwelling, including a condominium or a share in a cooperative ownership housing association, that is occupied by the mortgagor as principal residence; (2) is owned or guaranteed by the particular GSE; and (3) was originated on or before enactment of this Act. Specifies the terms and conditions of a refinancing mortgage, including a 40-year term to maturity and a prohibition on borrower fees. Requires waiver or forgiveness of all fees and penalties related to any default or delinquency on the original mortgage. Authorizes the FHFA Director, in his or her sole discretion, to require each enterprise to pay a servicer an appropriate fee for each qualified mortgage of an enterprise that the servicer refinances through a refinancing mortgage. Prohibits any requirement of a property appraisal.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Student Loan Simplification and Opportunity Act of 2011''. SEC. 2. TEMPORARY STUDENT LOAN DEBT CONVERSION AUTHORITY. (a) Repeal.-- (1) In general.--Section 459A of the Higher Education Act of 1965 (20 U.S.C. 1087i-1) is repealed. (2) Conforming amendments.--Part D of the Higher Education Act of 1965 (20 U.S.C. 1087a et seq.) is amended-- (A) in section 451(a) (20 U.S.C. 1087a), by striking ``(1) to make loans to all eligible students (and the eligible parents of such students) in attendance at participating institutions of higher education selected by the Secretary, to enable such students to pursue their courses of study at such institutions during the period beginning July 1, 1994; and (2) for purchasing loans under section 459A.'' and inserting ``to make loans to all eligible students (and the eligible parents of such students) in attendance at participating institutions of higher education selected by the Secretary, to enable such students to pursue their courses of study at such institutions during the period beginning July 1, 1994.''; and (B) in section 459B(a)(2)(B) (20 U.S.C. 1087i- 2(a)(2)(B)), by striking ``purchased by the Secretary pursuant to section 459A'' and inserting ``purchased by the Secretary pursuant to section 459A under the terms of that provision in effect on or before June 30, 2010, or converted by the Secretary pursuant to section 459A''. (b) Student Loan Debt Conversion.--Part D of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087a et seq.) is amended by inserting after section 459 the following: ``SEC. 459A. TEMPORARY AUTHORITY TO CONVERT STUDENT LOAN DEBT. ``(a) In General.-- ``(1) Authority.--The Secretary shall, at the request of an eligible borrower (as described in subsection (b)), convert an eligible student loan debt (as described in subsection (c)) into a Federal debt by paying the holder of the eligible student loan the outstanding balance of principal and interest on that loan, and the borrower shall enter into an agreement to repay to the Secretary the amount advanced to convert the debt to a Federal debt. ``(2) Duration of authority.--The Secretary shall convert eligible student loan debt under this section for those eligible borrowers whose applications for conversion are received on or after January 1, 2012 and before October 1, 2012. ``(3) Designation of loan.--The repayment obligation of the borrower whose eligible student loan debt was repaid by the Secretary and converted to a Federal debt under this section shall be referred to as a `FFEL Debt Conversion Loan'. ``(b) Eligible Borrower.--A borrower is eligible for a FFEL Debt Conversion Loan if the borrower, in addition to the loans described in subsection (c), has an outstanding loan that was made under this part, or an outstanding loan that was purchased by the Secretary pursuant to section 459A under the terms of that provision in effect on or before June 30, 2010. ``(c) Eligible Student Loan Debt.--A student loan of an eligible borrower is eligible for payment by a FFEL Debt Conversion Loan if-- ``(1) the loan was made, insured, or guaranteed under part B, and not previously purchased by the Secretary pursuant to section 459A under the terms of that provision in effect on or before June 30, 2010; ``(2) the loan is not in default; and ``(3) the loan is not delinquent for 270 days or more. ``(d) Terms and Conditions of Debt Conversion Loans.-- ``(1) Continuation of terms.--A FFEL Debt Conversion Loan shall be repayable by the borrower under the same terms and conditions as were applicable under the promissory note signed by the borrower for the eligible student loan debt being repaid by the Secretary under this section, including such terms as applied when the borrower entered repayment, and the availability of grace periods and deferments. ``(2) Aggregate loan limits.--Notwithstanding any other provision of this title, a FFEL Debt Conversion Loan shall be included in the calculation of the aggregate loan limit that was applicable to the borrower's eligible student loan for which the FFEL Debt Conversion Loan was obtained. ``(3) Other terms.-- ``(A) FFEL terms.--Other borrower benefits offered by the originating lender or the holder of the eligible student loan being repaid that are not specified in part B or in the borrower's promissory note for that loan are not available with respect to a FFEL Debt Conversion Loan. ``(B) Direct loan terms.--Except as provided in paragraph (5), benefits offered only for loans made under this part are not available with respect to a FFEL Debt Conversion Loan. ``(4) Fees.-- ``(A) No fees imposed by secretary.--The Secretary shall not charge the borrower any origination or other fee for the making of a FFEL Debt Conversion Loan. ``(B) No fees imposed by holder of eligible student loan debt.--Notwithstanding any other provision of law, the holder of an eligible student loan shall not charge the Secretary or the borrower any origination or other fee, including any fee for providing the information described in subsection (e), for the conversion of the eligible student loan debt to a FFEL Debt Conversion Loan. ``(5) Ffel debt conversion benefits.--The Secretary may offer benefits to a borrower of a FFEL Debt Conversion Loan, in an amount that shall not exceed 2 percent of the amount advanced on the FFEL Debt Conversion Loan, which may include payments to borrowers, reductions in the outstanding principal and interest on the FFEL Debt Conversion Loan, or such other benefits as the Secretary may establish. ``(e) Information From Holders of Student Loan Debt Eligible for Conversion.--A holder of an eligible student loan shall promptly provide the Secretary with the amount outstanding and such other information as may be needed to convert that debt under this section. ``(f) Notification.--Not later than December 1, 2011, the Secretary shall notify eligible borrowers-- ``(1) of their eligibility to convert an eligible student loan debt under this section; and ``(2) of the time frame for applying for such conversion.''. (c) Conforming Amendments.-- (1) Cohort default rate.--Section 435(m)(2) of the Higher Education Act of 1965 (20 U.S.C. 1085(m)(2)) is amended by adding at the end the following: ``(E) For purposes of this subsection, a borrower who obtains a FFEL Debt Conversion Loan under section 459A shall continue to be considered as having entered repayment on the date the borrower entered repayment on the eligible student loan debt that was repaid by the Secretary and converted to a Federal debt under that section.''. (2) Contracts.--Section 456(b) of the Higher Education Act of 1965 (20 U.S.C. 1087f(b)) is amended-- (A) in paragraph (2), by inserting ``, converted,'' after ``made''; and (B) in paragraph (3), by inserting ``, converted,'' after ``made''. (3) Federal consolidation loans.--Section 428C(a)(4)(C) of the Higher Education Act of 1965 (20 U.S.C. 1078-3(a)(4)(C)) is amended by inserting ``or converted'' after ``made''. (4) Income-based repayment.--Section 493C of the Higher Education Act of 1965 (20 U.S.C. 1098e) is amended-- (A) in subsection (a)(3)(A), by inserting ``converted,'' after ``made,''; (B) in subsection (b)(1), by inserting ``converted,'' after ``made,''; and (C) in subsection (c), by inserting ``converted,'' after ``made,''. (d) Inapplicability of Title IV Negotiated Rulemaking and Master Calendar Exception.--Sections 482(c) and 492 of the Higher Education Act of 1965 (20 U.S.C. 1089(c), 1098a) shall not apply to the amendments made by this section, or to any regulations promulgated under those amendments. (e) Annual Cost Estimate.--Notwithstanding any other provision of this Act or an amendment made by this Act, the Secretary of Education shall carry out the requirement of section 459A(e)(3) of the Higher Education Act of 1965, as in effect on the day before the date of enactment of this Act, with respect to the annual cost estimates required to be submitted not later than February 15, 2012. (f) Funds for Federal Pell Grants.--The proceeds to the Federal Government from the temporary authority to convert student loan debt provided by the amendments made by this Act shall be used to carry out Federal Pell Grants under section 401 of the Higher Education Act of 1965 (20 U.S.C. 1070a).

Summary: Student Loan Simplification and Opportunity Act of 2011 - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to repeal the Secretary of Education's authority, under the Direct Loan (DL) program, to purchase or enter into forward commitments to purchase: (1) Federal Family Education Loans (FFELs) from lenders, upon the determination that there is an inadequate availability of loan capital to meet the demand for such loans; and (2) rehabilitated loans that eligible lenders purchased under the FFEL default reduction program. (Currently, the Secretary's authority to purchase or enter into forward commitments to purchase such loans is set to expire in July 2010, as is the FFEL program.) Authorizes the Secretary to offer borrowers FFEL Debt Conversion Loans, until October 2012, that cover FFELs that have not been purchased under the program this Act repeals, provided such borrowers: (1) are not in default or delinquent for 270 days or more on such loans, and (2) have an outstanding DL or an outstanding FFEL that was purchased pursuant to the program this Act repeals. (FFEL Debt Conversion Loans pay the holder of the FFEL the outstanding principal and interest on the loan, which the borrower is then obligated to repay to the Secretary under the terms of the converted FFEL.) Authorizes the Secretary to offer benefits to borrowers of FFEL Debt Conversion Loans in an amount up to 2% of the amount advanced on the FFEL Debt Conversion Loan. Requires federal proceeds from this Act's temporary authorization of FFEL Debt Conversion Loans to be used for the Pell grant program.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Information Classification Act of 1994''. SEC. 2. CLASSIFICATION AND DECLASSIFICATION OF INFORMATION. (a) In General.--The National Security Act of 1947 (50 U.S.C. 401 et seq.) is amended by adding at the end the following new title: ``TITLE VIII--CLASSIFICATION OF INFORMATION ``classification criteria ``Sec. 801. (a) Information may be classified under this title only if the interest of the public in knowing such information is outweighed by the damage to the national security of the United States which demonstrably could be expected to result from the public release of such information. ``(b) If there is reasonable doubt about the need to classify information, it shall not be classified. ``(c) Information that may be considered for classification is information that includes (but is not limited to) any of the following concerns: ``(1) The ability of the United States military to defend the Nation from armed aggression, engage in armed conflict, or participate in peacekeeping or multinational operations abroad. ``(2) The vulnerability of United States Government personnel, facilities, weapons technology, or related systems to armed attack, loss or compromise, or measures that would weaken their effectiveness or counter their capabilities. ``(3) Diplomatic relations between the United States and another country or international organization of governments. ``(4) Intelligence sources and methods, including those related to covert actions and cryptologic activities. ``(5) The ability of the United States to apply critical research or technology to the national defense or foreign relations of the United States. ``(d) In no case shall information be classified in order to-- ``(1) conceal violations of law, inefficiency, or administrative error; ``(2) prevent embarrassment to a person, organization, or agency; ``(3) restrain competition; ``(4) prevent or delay the release of information that does not require protection in the interests of national security; ``(5) control access to basic scientific research information not clearly related to the national security; ``(6) control information after it has been released to the public or a member thereof under proper authority; or ``(7) prevent the public release of a compilation of items of information which individually are not classified. ``classification levels ``Sec. 802. (a) Information may be classified if at the time the original classification decision is made either of the following is identified or described: ``(1) Exceptionally grave damage to the national security of the United States which could demonstrably be expected to result from the public release of such information. ``(2) Serious damage to the national security of the United States which could demonstrably be expected to result from the public release of such information. ``(b) Information shall be classified under subsection (a)(2) if there is a reasonable doubt about the appropriate level of classification. ``(c)(1) Information obtained directly from a foreign government may retain the classification assigned by that foreign government if the foreign government is on the list published under section 805(b)(3). ``(2) Information obtained directly from a foreign government that is not on the list published under section 805(b)(3) may only be classified under this title. ``classification authority ``Sec. 803. Original classification authority may only be exercised by the President and such other officials as the President may designate. The President shall publish annually in the Federal Register the officials designated under this section to exercise original classification authority. ``duration of classification ``Sec. 804. (a) To the extent possible, the original classification authority shall determine the date when or event upon which declassification shall occur, based on the duration of the national security sensitivity of the information. The date or event may not exceed the periods specified in subsection (b), except as provided in subsection (c). ``(b) Except as provided in subsection (c)-- ``(1) information classified under section 802(a)(1) shall be marked for declassification not later than the end of the 10-year period beginning on the date of the original classification decision; and ``(2) information classified under section 802(a)(2) shall be marked for declassification not later than the end of the 6- year period beginning on the date of the original classification decision. ``(c)(1) Not earlier than 180 days before the scheduled date of declassification of information, the original classification authority or successor may extend the period for which such information is to remain classified. Any such extension shall be based on the continued existence of the basis for the original classification, as specified in the original classification determination. ``(2) The period of extension of the classification of information under paragraph (1) may not exceed the original period for which such information was classified. ``(3) Additional periods of extension of classification of information under this subsection may be made in accordance with this subsection. ``(d) Whenever information classified under this title is requested for release under any other provision of law, the original classification authority or successor shall review the basis for the original classification decision and determine whether the information can be declassified or whether the classification level can be reduced. ``(e)(1) Except as provided in paragraph (3), information classified under Executive Order 12356, as in effect on the day before the date of approval of the joint resolution under section 806, may remain classified for the shorter of-- ``(A) the original period specified in the original classification of the information, beginning on the date of such original classification, or ``(B) the 25-year period beginning on the date of the original classification of such information. ``(2) Upon the expiration of the period applicable under paragraph (1) to information, the information shall be declassified unless the period of classification is extended under subsection (c). ``(3) In the case that, with respect to information, both periods specified under paragraph (1) either have expired or will expire within 180 days after the date of approval of the joint resolution under section 806, the information shall be declassified on the date that is 180 days after such date unless the period of classification is extended under subsection (c). ``information security oversight office ``Sec. 805. (a) There shall be the Information Security Oversight Office, to be headed by a director appointed by the President. ``(b) The Office shall be responsible for the following: ``(1) All functions and responsibilities exercised by the Information Security Oversight Office as such functions and responsibilities existed on the day before the date of enactment of this title. ``(2)(A) A periodic review of the classification of information under this title, including-- ``(i) the appropriateness of the level of classification to the information classified; and ``(ii) the basis for the classification decision with respect to the information. ``(B) Referring to the original classification authority or successor for reconsideration of questions concerning information raised pursuant to paragraph (2). ``(3) The annual determination of, and publication of a list of, foreign governments that have written procedures generally applicable to the classification of information that are available to the public. ``(c) This section shall take effect on the date of approval of the joint resolution under section 806. ``congressional approval of implementing actions ``Sec. 806. (a) The President shall develop a proposal for implementing this title and shall submit such proposal to the Congress for approval in accordance with subsection (b). ``(b)(1) The proposal referred to in subsection (a) may not take effect until after Congress approves the proposal by joint resolution in accordance with this section. ``(2) Any such joint resolution shall be considered in the Senate in accordance with the provisions of section 601(b) of the International Security Assistance and Arms Export Control Act of 1976. ``(3) For the purpose of expediting the consideration and enactment of joint resolutions under this subsection, a motion to proceed to the consideration of any such joint resolution after it has been reported by the appropriate committee shall be treated as highly privileged in the House of Representatives. ``definitions ``Sec. 807. For the purposes of this title: ``(1) The term `information' means any knowledge that can be communicated or documentary material, regardless of its physical form or characteristics, that is owned by, produced by or for, or is under the control of the United States Government. ``(2) The term `original classification' means an initial determination that information requires, in the interest of national security, protection against public release.''. (b) Conforming Amendment.--The table of contents of the National Security Act of 1947 is amended by adding at the end the following: ``TITLE VIII--CLASSIFICATION OF INFORMATION ``Sec. 801. Classification criteria. ``Sec. 802. Classification levels. ``Sec. 803. Classification authority. ``Sec. 804. Duration of classification. ``Sec. 805. Information Security Oversight Office. ``Sec. 806. Congressional approval of implementing actions. ``Sec. 807. Definitions.''.

Summary: Information Classification Act of 1994 - Amends the National Security Act of 1994 to add provisions relating to the classification and declassification of information. Allows information to be classified under such Act only if the public interest in knowing such information is outweighed by national security damage which could be expected to result from the release of such information. Provides that if there is reasonable doubt about the need to classify information, it shall not be classified. Specifies information that may be classified (military, diplomatic, or intelligence information, or research or technology critical to the national defense) and purposes for which information shall not be classified (to conceal violations of law, inefficiency, or error, prevent embarassment, restrain competition, or control access to information not clearly related to national security). Provides: (1) classification levels (exceptionally grave damage, serious damage); (2) classification authority only for the President and his designees; and (3) classification duration (ten years for the highest classification, six for the next level, with authorized extensions). Establishes the Information Security Oversight Office. Requires such Office to periodically review the classification of information under such Act. Directs the President to develop and submit to the Congress for approval a proposal for implementing this Act. Requires congressional approval by joint resolution.


SECTION 1. ADJUSTMENT OF STATUS OF CERTAIN HAITIAN NATIONALS. (a) Adjustment of Status.-- (1) In general.--Notwithstanding section 245(c) of the Immigration and Nationality Act, the status of any alien described in paragraph (2) shall be adjusted by the Attorney General to that of an alien lawfully admitted for permanent residence, if the alien-- (A) applies for such adjustment before April 1, 2005; and (B) is otherwise eligible to receive an immigrant visa and is otherwise admissible to the United States for permanent residence, except in determining such admissibility the grounds for inadmissibility specified in paragraphs (4), (5), (6)(A), and (7)(A) of section 212(a) of the Immigration and Nationality Act shall not apply. (2) Relationship of application to certain orders.--An alien present in the United States who has been ordered excluded, deported, removed, or ordered to depart voluntarily, from the United States under any provision of the Immigration and Nationality Act may, notwithstanding such order, apply for adjustment of status under paragraph (1). Such an alien may not be required, as a condition on submitting or granting such application, to file a motion to reopen, reconsider, or vacate such order. If the Attorney General grants the application, the Attorney General shall cancel the order. If the Attorney General renders a final administrative decision to deny the application, the order shall be effective and enforceable to the same extent as if the application had not been made. (b) Aliens Eligible for Adjustment of Status.--The benefits provided by subsection (a) shall apply to any alien who is a national of Haiti-- (1) who was physically present in the United States on December 1, 1995; and (2) has been physically present in the United States for at least 1 year and is physically present in the United States on the date the application for adjustment of status under this subsection is filed, except an alien shall not be considered to have failed to maintain continuous physical presence by reason of an absence, or absences, from the United States for any periods in the aggregate not exceeding 180 days. (c) Stay of Removal.-- (1) In general.--The Attorney General shall provide by regulation for an alien subject to a final order of deportation, removal, or exclusion to seek a stay of such order based on the filing of an application under subsection (a). (2) During certain proceedings.--Notwithstanding any provision of the Immigration and Nationality Act, the Attorney General shall not order any alien to be removed from the United States, if the alien is in exclusion, deportation, or removal proceedings under any provision of such Act and raises as a defense to such an order the eligibility of the alien to apply for adjustment of status under subsection (a), except where the Attorney General has rendered a final administrative determination to deny the application. (3) Work authorization.--The Attorney General may authorize an alien who has applied for adjustment of status under subsection (a) to engage in employment in the United States during the pendency of such application and may provide the alien with an ``employment authorized'' endorsement or other appropriate document signifying authorization of employment, except that if such application is pending for a period exceeding 180 days, and has not been denied, the Attorney General shall authorize such employment. (d) Adjustment of Status for Spouses and Children.-- (1) In general.--Notwithstanding section 245(c) of the Immigration and Nationality Act, the status of an alien shall be adjusted by the Attorney General to that of an alien lawfully admitted for permanent residence, if-- (A) the alien is the spouse, child, or unmarried son or daughter, of an alien whose status is adjusted to that of an alien lawfully admitted for permanent residence under subsection (a), except that in the case of such an unmarried son or daughter, the son or daughter shall be required to establish that they have been physically present in the United States for at least 1 year; (B) the alien applies for such adjustment and is physically present in the United States on the date the application is filed; and (C) the alien is otherwise eligible to receive an immigrant visa and is otherwise admissible to the United States for permanent residence, except in determining such admissibility the grounds for exclusion specified in paragraphs (4), (5), (6)(A), and (7)(A) of section 212(a) of the Immigration and Nationality Act shall not apply. (2) Proof of continuous presence.--For purposes of establishing the period of continuous physical presence referred to in paragraph (1)(B), an alien shall not be considered to have failed to maintain continuous physical presence by reason of an absence, or absences, from the United States for any periods in the aggregate not exceeding 180 days. (e) Availability of Administrative Review.--The Attorney General shall provide to applicants for adjustment of status under subsection (a) the same right to, and procedures for, administrative review as are provided to-- (1) applicants for adjustment of status under section 245 of the Immigration and Nationality Act; or (2) aliens subject to removal proceedings under section 240 of such Act. (f) Limitation on Judicial Review.--A determination by the Attorney General as to whether the status of any alien should be adjusted under this subsection is final and shall not be subject to review by any court. (g) No Offset in Number of Visas Available.--When an alien is granted the status of having been lawfully admitted for permanent residence pursuant to this section, the Secretary of State shall not be required to reduce the number of immigrant visas authorized to be issued under any provision of the Immigration and Nationality Act. (h) Application of Immigration and Nationality Act Provisions.-- Except as otherwise specifically provided in this section, the definitions contained in the Immigration and Nationality Act shall apply in the administration of this section. Nothing contained in this section shall be held to repeal, amend, alter, modify, effect, or restrict the powers, duties, functions, or authority of the Attorney General in the administration and enforcement of such Act or any other law relating to immigration, nationality, or naturalization. The fact that an alien may be eligible to be granted the status of having been lawfully admitted for permanent residence under this section shall not preclude the alien from seeking such status under any other provision of law for which the alien may be eligible.

Summary: Provides for the adjustment to permanent resident status of certain Haitian nationals (and spouses and children).