Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Civil Rights Act of 1964
Commemorative Coin Act''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) on December 1, 1955, Rosa Parks' brave act of defiance,
        refusing to give up her seat to a white person on a segregated
        bus in Montgomery, Alabama, galvanized the modern civil rights
        movement and led to the desegregation of the South;
            (2) on February 1, 1960, 4 college students, Joseph McNeil,
        Franklin McCain, David Richmond, and Ezell Blair, Jr., asked to
        be served at a lunch counter in Greensboro, North Carolina, and
        lunch counter sit-ins began to occur throughout the South to
        challenge segregation in places of public accommodation;
            (3) on May 4, 1961, the Freedom Rides into the South began
        to test new court orders barring segregation in interstate
        transportation, and riders were jailed and beaten by mobs in
        several places, including Birmingham and Montgomery, Alabama;
            (4) Dr. Martin Luther King, Jr., was the leading civil
        rights advocate of the time, spearheading the civil rights
        movement in the United States during the 1950s and 1960s with
        the goal of nonviolent social change and full civil rights for
        African Americans;
            (5) on August 28, 1963, Dr. Martin Luther King, Jr., led
        over 250,000 civil rights supporters in the March on Washington
        and delivered his famous ``I Have A Dream'' speech to raise
        awareness and support for civil rights legislation;
            (6) Mrs. Coretta Scott King, a leading participant in the
        American civil rights movement, was side-by-side with her
        husband, Dr. Martin Luther King, Jr., during many civil rights
        marches, organized Freedom Concerts to draw attention to the
        Movement, and worked in her own right to create an America in
        which all people have equal rights;
            (7) the mass movement sparked by Rosa Parks and led by Dr.
        Martin Luther King, Jr., among others, called upon the Congress
        and Presidents John F. Kennedy and Lyndon B. Johnson to pass
        civil rights legislation which culminated in the enactment of
        the Civil Rights Act of 1964;
            (8) the Civil Rights Act of 1964 greatly expanded civil
        rights protections, outlawing racial discrimination and
        segregation in public places and places of public
        accommodation, in federally funded programs and employment and
        encouraging desegregation in public schools, and has served as
        a model for subsequent anti-discrimination laws;
            (9) we are an eminently better Nation because of Rosa
        Parks, Dr. Martin Luther King, Jr., and all those men and women
        who have confronted, and continue to confront, injustice and
        inequality wherever they see it;
            (10) equality in education was one of the cornerstones of
        the civil rights movement;
            (11) on September 10, 1961, Dr. Martin Luther King, Jr.,
        wrote that African American ``students are coming to understand
        that education and learning have become tools for shaping the
        future and not devices of privilege for an exclusive few'';
            (12) over its long and distinguished history, the United
        Negro College Fund has provided scholarships and operating
        funds to its member colleges that have enabled more than
        300,000 young African Americans to earn college degrees and
        become successful members of society;
            (13) those graduates include Dr. Martin Luther King, Jr.,
        as well as leaders in the fields of education, science,
        medicine, law, entertainment, literature, the military, and
        politics who have made major contributions to the civil rights
        movement and the creation of a more equitable society;
            (14) Congress has an obligation to lead America's continued
        struggle to fight discrimination and ensure equal rights for
        all; and
            (15) the year 2014 will mark the semicentennial of the
        passage of the Civil Rights Act of 1964.

SEC. 3. COIN SPECIFICATIONS.

    (a) Denominations.--The Secretary of the Treasury (in this Act
referred to as the ``Secretary'') shall mint and issue not more than
350,000 $1 coins, each of which shall--
            (1) weigh 26.73 grams;
            (2) have a diameter of 1.500 inches; and
            (3) contain 90 percent silver and 10 percent copper.
    (b) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
    (c) Numismatic Items.--For purposes of section 5136 of title 31,
United States Code, all coins minted under this Act shall be considered
to be numismatic items.

SEC. 4. DESIGN OF COINS.

    (a) Design Requirements.--The design of the coins minted under this
Act shall be emblematic of the enactment of the Civil Rights Act of
1964 and its contribution to civil rights in America.
    (b) Designation and Inscriptions.--On each coin minted under this
Act there shall be--
            (1) a designation of the value of the coin;
            (2) an inscription of the year ``2014''; and
            (3) inscriptions of the words ``Liberty'', ``In God We
        Trust'', ``United States of America'', and ``E Pluribus Unum''.
    (c) Selection.--The design for the coins minted under this Act
shall be--
            (1) selected by the Secretary after consultation with the
        Commission of Fine Arts; and
            (2) reviewed by the Citizens Coinage Advisory Committee
        established under section 5135 of title 31, United States Code.

SEC. 5. ISSUANCE OF COINS.

    (a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
    (b) Commencement of Issuance.--The Secretary may issue coins minted
under this Act beginning January 1, 2014, except that the Secretary may
initiate sales of such coins, without issuance, before such date.
    (c) Termination of Minting Authority.--No coins shall be minted
under this Act after December 31, 2014.

SEC. 6. SALE OF COINS.

    (a) Sale Price.--Notwithstanding any other provision of law, the
coins issued under this Act shall be sold by the Secretary at a price
equal to the sum of the face value of the coins, the surcharge required
under section 7(a) for the coins, and the cost of designing and issuing
such coins (including labor, materials, dies, use of machinery,
overhead expenses, and marketing).
    (b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
    (c) Prepaid Orders at a Discount.--
            (1) In general.--The Secretary shall accept prepaid orders
        for the coins minted under this Act before the issuance of such
        coins.
            (2) Discount.--Sale prices with respect to prepaid orders
        under paragraph (1) shall be at a reasonable discount.

SEC. 7. SURCHARGES.

    (a) Surcharge Required.--All sales shall include a surcharge of $10
per coin.
    (b) Distribution.--Subject to section 5134(f) of title 31, United
States Code, all surcharges which are received by the Secretary from
the sale of coins issued under this Act shall be promptly paid by the
Secretary to the United Negro College Fund (UNCF) to carry out the
purposes of the Fund, including providing scholarships and internships
for minority students and operating funds and technology enhancement
services for 39 member historically black colleges and universities.
    (c) Audits.--The United Negro College Fund shall be subject to the
audit requirements of section 5134(f)(2) of title 31, United States
Code, with regard to the amounts received by the Fund under subsection
(b).

Output:
Civil Rights Act of 1964 Commemorative Coin Act - Requires the Secretary of the Treasury to mint and issue, during 2014, up to 350,000 one-dollar coins designed to be emblematic of the enactment of the Civil Rights Act of 1964 and its contribution to civil rights in America.

 Requires sales to include a $10 surcharge per coin, which shall be paid to the United Negro College Fund.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Pension Plan Participant Protection
Act of 1998''.

SEC. 2. DUTIES OF THE PENSION BENEFIT GUARANTY CORPORATION WHILE
              SERVING AS TRUSTEE OF TERMINATED PLAN.

    (a) In General.--Section 4042(d)(3) of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1342(d)(3)) is amended--
            (1) by inserting ``(A)'' after ``(3)''; and
            (2) by adding at the end the following new subparagraphs:
    ``(B) The corporation is subject to the same requirements of
reporting and disclosure in connection with a pension plan for which
the corporation is serving as trustee pursuant to this section as those
of any plan administrator of an employee pension benefit plan under
part 1 of subtitle B of title I.
    ``(C) The corporation is subject to the same fiduciary duties in
connection with a pension plan for which the corporation is serving as
trustee pursuant to this section, including the determination and
payment of plan benefits, as those of any fiduciary of an employee
pension benefit plan under part 1 of subtitle B of title I. The
corporation shall maintain such separate books and records and retain
such separate counsel on its behalf as may be necessary for carrying
out such duties.
    ``(D) For purposes of applying part 5 of subtitle B of title I in
the enforcement of subparagraphs (B) and (C)--
            ``(i) any civil monetary penalty which may be assessed by
        the Secretary of Labor against the corporation under any
        provision of section 502(c) shall be assessed in the full
        amount specified in such provision,
            ``(ii) a civil action against the corporation as fiduciary
        under section 502(a)(2) for relief under section 409 may be
        brought by any affected party, and, in any such action by an
        affected party in which the corporation is removed as trustee,
        the replacement trustee shall be selected by the court from any
        list of qualified candidates which may be provided by such
        affected party, and
            ``(iii) any review under section 502 by a district court of
        the United States of a benefit determination by the corporation
        shall be de novo.
    ``(E) In any case in which the corporation serves as trustee for a
terminated pension plan pursuant to this section, the corporation shall
issue its final determination regarding any benefit payable under the
plan not later than one year after the date of the corporation's
appointment as trustee. Any failure by the corporation to comply with
the requirements of this subparagraph shall be deemed an action of the
corporation upon which a cause of action may be brought against the
corporation under section 4003(f)(1).''.
    (b) Conforming Amendment.--Section 4023 of such Act (29 U.S.C.
1323) is amended--
            (1) by inserting ``(a)'' after ``Sec. 4023.''; and
            (2) by adding at the end the following new subsection:
    ``(b) Subsection (a) shall not apply with respect to the
corporation while the corporation is serving in its fiduciary capacity
in accordance with section 4042(d)(3)(B).''.

SEC. 3. PARTICIPANTS' COMMITTEES.

    (a) In General.--Subtitle C of title IV of the Employee Retirement
Income Security Act of 1974 is amended by inserting after section 4048
(29 U.S.C. 1348) the following new section:

                       ``participants' committees

    ``Sec. 4049. (a) In General.--
            ``(1) Appointment of committee.--Except as provided in
        paragraph (3), as soon as practicable after the appointment of
        a trustee under section 4042, the trustee shall appoint a
        committee of participants under the plan.
            ``(2) Requests for adequate representation.--On request of
        an affected party, the court may order the appointment of
additional committees of participants if necessary to assure adequate
representation of participants. The trustee shall appoint any such
committee.
            ``(3) Small businesses.--On request of an affected party in
        a case in which the plan sponsor is a small business and for
        cause, the court may order that a committee of participants not
        be appointed.
    ``(b) Membership.--A committee of participants appointed under
subsection (a) shall ordinarily consist of the persons, willing to
serve, that were in pay status under the plan as of the date of the
termination of the plan and have the seven largest nonforfeitable
benefits under the plan, or of the members of a committee organized by
participants before such date, if such committee was fairly chosen and
is representative of the participants of the plan.
    ``(c) Powers and Duties of Committees.--
            ``(1) Appointment of attorneys, accountants, etc.--At a
        scheduled meeting of a committee appointed under subsection
        (a), at which a majority of the members of such committee are
        present, and with the court's approval, such committee may
        select and authorize the employment by such committee of one or
more attorneys, accountants, or other agents to represent or perform
services for such committee.
            ``(2) Preclusion of conflicts of interest.--An attorney or
        accountant employed to represent a committee appointed under
        subsection (a) may not, while employed by such committee,
        represent any other entity having an adverse interest in
        connection with the case. Representation of one or more
        participants of the same class as represented by the committee
        shall not per se constitute the representation of an adverse
        interest.
            ``(3) Specific powers.--A committee appointed under
        subsection (a) may--
                    ``(A) consult with the trustee concerning the
                administration of the case,
                    ``(B) investigate the acts, conduct, assets,
                liabilities, and financial condition of the plan, the
                operation of the plan sponsor's financial operations,
                and the desirability of the continuance of the plan,
                and any other matter relevant to the case,
                    ``(C) participate in the formulation of the plan
                for distribution of plan assets, advise those
                represented by such committee of such committee's
                determinations as to any plan for distribution of the
                plan's assets, and collect and file with the court
                acceptances or rejections of the plan for distribution
                of plan assets,
                    ``(D) request the court for the appointment of the
                committee or any other person as an alternative
                trustee, and
                    ``(E) perform such other services as are in the
                interest of plan participants and beneficiaries.
            ``(4) Meeting with trustee.--As soon as practicable after
        the appointment of a committee under subsection (a), the
        trustee shall meet with such committee to transact such
        business as may be necessary and proper.''.
    (b) Conforming Amendment.--The table of contents in section 1 of
such Act is amended by inserting after the item relating to section
4048 the following new item:

``Sec. 4049. Participants' committees.''.

SEC. 4. TRUSTEESHIP OF TERMINATED PLANS.

    (a) In General.--Section 4042(c) of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1342(c)) is amended--
            (1) by inserting ``(1)'' after ``(c)''; and
            (2) by inserting before paragraph (3) the following new
        paragraph:
    ``(2) The court may appoint the corporation, a participants'
committee, or any other person to serve as trustee under paragraph (1).
Upon the application of any two or more of the foregoing to serve as
trustee, the determination of the court of which to appoint shall be
based on its determination of which applicant is most qualified to
carry out the fiduciary duties of the trustee with respect to
participants and beneficiaries without conflicts of interest.''.
    (b) Payment or Reimbursement of Reasonable Fees and Expenses.--
Section 4042(h) of such Act (29 U.S.C. 1342(h)) is amended by adding at
the end the following new paragraph:
    ``(3) The reasonable fees and expenses of a trustee appointed under
this section (other than the corporation), of any participants'
committee, and of any counsel, accountants, actuaries, and other
professional service personnel shall be paid, directly or by means of
reimbursement, from the assets of the terminated plan.''.

SEC. 5. PARTICIPANT'S ADVOCATE.

    (a) In General.--Subtitle D of title IV of the Employee Retirement
Income Security Act of 1974 is amended by adding after section 4071 (29
U.S.C. 1371) the following new section:

                   ``office of participant's advocate

    ``(a) In General.--The Secretary of Labor shall establish in the
Department of Labor an Office of Participant's Advocate, to be headed
by a Participant's Advocate.
    ``(b) Functions.--The Participant's Advocate shall, upon request of
participants of terminated pension plans--
            ``(1) counsel participants and beneficiaries of such plans
        in connection with their rights to benefits thereunder, and
            ``(2) provide legal representation before the corporation
        and in court to such participants who have been denied benefits
        by the corporation.
    ``(c) Fees.--The Office shall require only such fees for its
services as may be prescribed in regulations of the Secretary of Labor.
    ``(d) Staff.--The Participant's Advocate shall appoint such
attorneys, actuaries, and accountants as may be necessary to assist the
Participant's Advocate in carrying out the functions of the Office, and
may appoint such additional personnel as may be necessary to provide
adequate support for the Office.
    ``(e) Notice.--Each notice of a benefit determination issued by the
corporation to a participant or beneficiary under a terminated pension
plan shall include a notice (in such form as shall be prescribed in
regulations of the Secretary of Labor) describing the services of the
Participant's Advocate's Office.''.
    (b) Conforming Amendment.--The table of contents in section 1 of
such Act is amended by inserting after the item relating to section
4071 the following new item:

``Sec. 4071. Office of Participant's Advocate.''.
    (c) Effective Date.--The Secretary of Labor shall establish the
Office of Participant's Advocate pursuant to the amendments made by
this section not later than one year after the date of the enactment of
this Act.

SEC. 6. RULES GOVERNING TRUSTEESHIP BY THE CORPORATION.

    (a) In General.--Section 4042 of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1342) is amended by adding at the end
the following new subsection:
    ``(i) In any case in which the corporation serves as trustee of a
terminated pension plan under this section--
            ``(1) the corporation shall segregate assets of the
        terminated plan from the assets of any other plan or any other
        assets held by the corporation,
            ``(2) the corporation may not use any assets of the plan
        for any purpose other than payment of benefits or reasonable
        administrative expenses directly attributable to the
        termination and administration of the plan, excluding any
        generally applicable overhead expenses of the corporation, and
            ``(3) the corporation shall obtain the services of
        independent contractors in connection with the termination or
        administration of the plan only through a competitive bidding
        process.''.

SEC. 7. EFFECTIVE DATE.

    The amendments made by this Act shall apply with respect to plan
terminations--
            (1) the termination date for which occurs on or after
        January 1, 1990, and
            (2) for which the final distribution of assets occurs on or
        after the date of the enactment of this Act.

Output:
Pension Plan Participant Protection Act of 1998 - Amends the Employee Retirement Income Security Act of 1974 to set forth certain protections for participants and beneficiaries of terminated pension plans.
(Sec. 2) Subjects the Pension Benefit Guaranty Corporation (PBGC) to specified fiduciary duties and to reporting, disclosure, and other requirements while it serves as trustee of a terminated pension plan.
Provides for assessment of civil penalties against the PBGC for violation of such requirements and duties.
Allows any affected party to bring a civil action for relief against the PBGC as fiduciary.  Requires the court, in any such action in which the PBGC is removed as trustee, to select the replacement trustee from a list of qualified candidates provided by the affected party.
Requires the PBGC to issue its final determination regarding any benefit payable under a terminated pension plan within one year after the date of its appointment as plan trustee.  Requires any review of such a PBGC benefit determination by a Federal district court to be de novo.
(Sec. 3) Requires the plan trustee to appoint a committee of participants.  Authorizes the court, on request of an affected party, to order:  (1) the trustee to appoint additional participants' committees if necessary to assure adequate representation; and (2) that a committee of participants not be appointed in a case in which the plan sponsor is a small business.
(Sec. 4) Authorizes the appropriate Federal district court to appoint as the trustee of a terminated pension plan the PBGC, a participants' committee, or any other person.  Requires the court, if two or more entities apply to serve as trustee, to base the appointment on its determination of which applicant is most qualified to carry out the fiduciary duties of the trustee without conflicts of interest.  Requires payment or reimbursement of reasonable fees or expenses of any trustee other than the PBGC.
(Sec. 5) Directs the Secretary of Labor to establish in the Department of Labor an Office of Participant's Advocate, headed by a Participant's Advocate, which shall:  (1) counsel participants and beneficiaries in connection with their benefits rights; and (2) provide legal representation before the PBGC and in court to participants denied benefits by the PBGC.
(Sec. 6) Requires the PBGC, as a trustee of a terminated plan, to: (1) segregate the plan's assets from those of any other plan or any other assets held by the PBGC; (2) use the plan's assets only for payment of benefits or reasonable administrative expenses directly attributable to the plan's termination and administration (excluding any generally applicable overhead expenses of the PBGC); and (3) obtain the services of independent contractors in connection with the termination or administration of the plan only through a competitive bidding process.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Promoting Students Using the Camp
Community for Enrichment, Strength, and Success Act'' or the
``Promoting SUCCESS Act''.

SEC. 2. PURPOSES.

    The purposes of this Act are to--
            (1) reduce childhood obesity through increased physical
        activity and healthy lifestyle choices; and
            (2) strengthen high school graduation rates by reducing
        summer learning loss.

SEC. 3. GRANTS AUTHORIZED.

    From the amounts appropriated under section 11, the Secretary shall
award grants, on a competitive basis, to eligible entities to enable
the eligible entities to carry out a summertime learning pilot program.

SEC. 4. APPLICATION.

    To receive a grant under this Act, an eligible entity shall submit
an application to the Secretary at such time, in such manner, and
containing such information as the Secretary may require. An
application shall include--
            (1) a description of the needs of the youth population that
        will be served under the grant, including any data with respect
        to such youth that supports a need for the grant, including
        data on--
                    (A) summer learning loss;
                    (B) academic achievement;
                    (C) physical activity;
                    (D) childhood obesity; and
                    (E) any other relevant needs facing the youth
                population;
            (2) a description of the balanced array of activities that
        will be undertaken with the grant funds to address the needs of
        the youth population described in paragraph (1) to reduce
        summer learning loss, strengthen academic achievement, increase
        physical activity, reduce childhood obesity, and promote youth
        development;
            (3) in the case of an eligible entity consisting of at
        least 1 nonprofit or for-profit organization offering camp
        activities, a description of how the eligible entity will work
        with the local educational agencies and schools serving the
        youth participating in activities funded under the grant to--
                    (A) provide activities that complement the academic
                curriculum taught to the students; and
                    (B) address the academic and developmental needs of
                the students;
            (4) specific goals, strategies, and performance measures
        related to the academic and developmental outcomes expected to
        be achieved under the grant, including the number of indicators
        of performance described in subsection 7(b)(2), and the level
        of performance (as measured by level of performance measure
        described in section 7(b)(3)) on each of the indicators,
        expected to be achieved; and
            (5) an outreach strategy, including--
                    (A) a description of how parents will be informed
                of the opportunities made available under the grant;
                and
                    (B) a description of how diverse participants and
                staff will be recruited to participate in such
                opportunities.

SEC. 5. PRIORITY.

    The Secretary shall give priority to eligible entities--
            (1) proposing to target services to students who attend
        schools that have been identified as in need of improvement
        under section 1116 of the Elementary and Secondary Education
        Act of 1965;
            (2) that consist of not less than 1--
                    (A) nonprofit or for-profit organization offering
                camp activities; or
                    (B) a local educational agency receiving funds
                under part A of title I of the Elementary and Secondary
                Education Act of 1965; and
            (3) proposing to provide at least 1 activity from 3 or more
        categories described in section 6(b).

SEC. 6. ALLOWABLE USES OF FUNDS.

    (a) In General.--An eligible entity receiving funds under this Act
shall use such funds--
            (1) to carry out a summertime learning pilot program that
        provides the camp activities described in subsection (b) for
        students during the period beginning with the summer after
        grade 5 through the summer before grade 10 to increase on-time
        promotion to the next grade level, reduce summer learning loss,
        strengthen academic achievement, increase physical activity,
        promote healthy lifestyle choices, and promote positive youth
        development;
            (2) to provide training and technical assistance to pilot
        program staff in areas such as--
                    (A) shared leadership;
                    (B) the cultural needs of students;
                    (C) how to attract and effectively serve diverse
                students and staff; and
                    (D) experiential learning as a teaching strategy;
            (3) for the evaluation and data collection necessary to
        submit annual reports under section 7(a); and
            (4) for reasonable costs associated with program
        coordination and administration.
    (b) Camp Activities.--The camp activities described in this
subsection include activities in areas such as--
            (1) academic achievement, including--
                    (A) activities related to literacy;
                    (B) tutoring or mentoring to promote academic
                achievement;
                    (C) nature-based activities that promote
                achievement in science, technology, engineering, and
                math; and
                    (D) other activities developed to reduce summer
                learning loss and increase on-time promotion to the
                next grade level;
            (2) health and wellness activities, including activities
        that encourage--
                    (A) eating 5 fruits and vegetables a day;
                    (B) limiting computer and television screen time;
                    (C) striving for 1 hour of physical activity a day;
                and
                    (D) limiting sugar-sweetened drinks;
            (3) independent living skills, including skills related
        to--
                    (A) personal appearance and hygiene;
                    (B) first aid;
                    (C) health;
                    (D) emergency and safety;
                    (E) knowledge of community resources; and
                    (F) interpersonal skills;
            (4) environmental stewardship, including activities related
        to--
                    (A) nature-based civic engagement;
                    (B) service learning;
                    (C) environmental awareness; and
                    (D) other community-based improvement activities;
            (5) leadership development, including activities related
        to--
                    (A) leadership competencies;
                    (B) leadership styles;
                    (C) conflict-management;
                    (D) communication;
                    (E) character development;
                    (F) working effectively with others;
                    (G) emotional self-regulation;
                    (H) team building;
                    (I) making positive choices; and
                    (J) mobilizing groups to solve problems; and
            (6) workforce preparation, including a range of
        introductory workforce experiences (such as staff training,
        workplace etiquette, employee and supervisor relationships,
        performance feedback, workforce training, and care-giving and
        supervision of youth).

SEC. 7. ACCOUNTABILITY.

    (a) Annual Reporting.--An eligible entity receiving a grant under
this Act shall submit an annual report to the Secretary at such time,
in such manner, and providing such information as the Secretary may
require, including--
            (1) information on the number, and demographic information,
        of the children served under the summertime learning pilot
        program carried out with the grant funds;
            (2) the camp activities provided under the program; and
            (3) an evaluation of the program using the indicators of
        performance described in subsection (b)(2) and the level of
        performance measure described in subsection (b)(3).
    (b) Independent Evaluation.--
            (1) In general.--From the amounts appropriated under
        section 11 to carry out this subsection, the Secretary shall
        award a grant or a contract to an independent entity outside of
        the Department of Education to carry out an evaluation of the
        grants provided under this Act. Such evaluation shall evaluate
        the summertime learning pilot program carried out by each
        eligible entity using a grant under this Act by--
                    (A) analyzing and documenting the strategies (for
                increasing on-time promotion to the next grade level,
                reducing summer learning loss, strengthening academic
                achievement, increasing physical activity, promoting
                healthy lifestyle choices, and promoting positive youth
                development) implemented by the eligible entities under
                the program, and the key lessons learned by the entity
                (such as lessons with respect to program design,
                collaboration among nonprofit organizations, local
                educational agencies, and schools that offer camps, and
                program implementation);
                    (B) measuring progress toward the goals identified
                under subparagraph (A) through the strategies
                identified under such subparagraph;
                    (C) evaluating the performance of the program using
                the indicators of performance described in paragraph
                (2); and
                    (D) determining the level of performance achieved
                on each such indicator of performance as measured by
                the level of performance measure described in paragraph
                (3).
            (2) Indicators of performance.--The indicators of
        performance described in this paragraph shall consist of the
        following:
                    (A) The number and percentage of students served in
                grade 5 through grade 9 who are promoted to the next
                grade level on-time.
                    (B) The number and percentage of students passing
                the State's academic assessments in reading and
                mathematics required under section 1111(b)(3) of the
                Elementary and Secondary Education Act of 1965 (20
                U.S.C. 6311(b)(3)).
                    (C) Student school behavior during the summer and
                the regular school year, as measured by truancy or
                teacher or principal behavior reports.
                    (D) Number or percentage of students participating
                in 60 minutes or more of moderate-vigorous physical
                activity during the program.
                    (E) Developmental outcomes of the students,
                including--
                            (i) positive self-identity;
                            (ii) social and interpersonal skills;
                            (iii) responsibility and independence;
                            (iv) positive values and character;
                            (v) creativity and exploration; and
                            (vi) leadership and civic engagement.
            (3) Level of performance measure.--For each indicator of
        performance described in paragraph (2), the Secretary, in
        coordination with eligible entities, shall develop a level of
        performance measure expressed in an objective and quantifiable
        form that measures the level of performance achieved by the
        eligible entity on such indicator.

SEC. 8. TECHNICAL ASSISTANCE AND BEST PRACTICES.

    From the amounts appropriated under section 11, the Secretary shall
provide a grant or contract to 1 or more national nonprofit
organizations to collect best practices from among grantees under this
Act and provide grantees with training, technical assistance, and
professional development. A national organization receiving a grant or
contract under this section shall have demonstrated expertise in
providing technical assistance and training on quality activities for
children and youth during the summer, and shall have experience
implementing a national system of accreditation to strengthen the
quality of summer camp experiences for children and youth.

SEC. 9. MATCHING FUNDS.

    (a) In General.--The Secretary shall require each eligible entity
receiving a grant under this Act to provide matching funds from non-
Federal sources in an amount determined under subsection (b).
    (b) Determination of Amount of Match.--
            (1) Sliding scale.--Subject to paragraph (2), the Secretary
        shall determine the amount of matching funds to be required of
        an eligible entity under this subsection based on a sliding fee
        scale that takes into account--
                    (A) the poverty level of the population to be
                targeted by the eligible entity; and
                    (B) the ability of the eligible entity to obtain
                such matching funds.
            (2) Maximum amount.--The Secretary may not require any
        eligible entity under this section to provide matching funds in
        an amount that exceeds the amount of the grant award under this
        Act.
            (3) Level of poverty.--In determining the poverty level for
        purposes of subparagraph (A), the Secretary shall use the
        criteria of poverty used by the Bureau of the Census in
        compiling the most recent decennial census, as the criteria
        have been updated by increases in the Consumer Price Index for
        All Urban Consumers, published by the Bureau of Labor
        Statistics.
    (c) In-Kind Contributions.--The Secretary shall permit eligible
entities under this section to match funds in whole or in part with in-
kind contributions.
    (d) Consideration.--Notwithstanding this section, the Secretary
shall not consider an applicant's ability to match funds when
determining which applicants will receive grants under this Act.

SEC. 10. DEFINITIONS.

    In this Act:
            (1) Camp activities.--The term ``camp'' refers to an
        intentional set of evidence-based youth development and
        academic activities taking place primarily during the summer
        weeks when school is not in regular session.
            (2) Eligible entity.--The term ``eligible entity'' means--
                    (A) a nonprofit organization;
                    (B) a for-profit organization,
                    (C) a local educational agency; and
                    (D) a consortium of 2 or more local educational
                agencies.
            (3) Secretary.--The term ``Secretary'' means the Secretary
        of Education.

SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated to carry
out this Act such sums as may be necessary for each of fiscal years
2011 through 2015.
    (b) Allocations.--Of the amount appropriated under subsection (a),
the Secretary shall use--
            (1) not less than 90 percent for grants to eligible
        entities under this Act; and
            (2) not more than the greater of 10 percent or $5,000,000
        for technical assistance and evaluations under sections 7(b)
        and 8.

Output:
Promoting Students Using the Camp Community for Enrichment, Strength, and Success Act or the Promoting SUCCESS Act - Directs the Secretary of Education to award competitive matching grants to nonprofit organizations, for-profit organizations, and local educational agencies to carry out summertime learning pilot programs for students during their summers after grades five through nine.

Requires such programs to provide students with camp activities geared toward: (1) reducing childhood obesity through increased physical activity and healthy lifestyle choices; (2) strengthening high school graduation rates by reducing summer learning loss and improving academic achievement; and (3) promoting positive youth development.

Directs the Secretary to arrange for an independent evaluation of the pilot programs.

Requires the Secretary to provide a grant or contract to one or more national nonprofit organizations to collect best practices from among this Act's grantees and provide grantees with training, technical assistance, and professional development.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``United Nations Oil-for-Food
Accountability Act of 2004''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Allegations have been raised of substantial fraud and
        corruption in the administration of the Office of the Iraq Oil-
        for-Food Program of the United Nations.
            (2) The United Nations received 2.2 percent of the proceeds
        of the sale of the oil exported from Iraq under the oil-for-
        food program, representing approximately $1,400,000,000, to
        fund the administrative costs of the program.
            (3) The General Accounting Office estimates that during the
        period from 1997 through 2002, the former Iraqi regime received
        $10,100,000,000 in illegal revenues from the oil-for-food
        program, including $5,700,000,000 received from oil smuggled
        out of Iraq and $4,400,000,000 received from surcharges on oil
        sales and illicit commissions from suppliers exporting goods to
        Iraq.
            (4) Any illicit activity by United Nations officials,
        personnel, agents, or contractors, including entities that have
        entered into contracts under the oil-for-food program, is
        unacceptable and should be thoroughly investigated.
            (5) Documents in the files of the former Oil Ministry of
        Iraq indicate that Benon Sevan, the Executive Director of the
        oil-for-food program, and other senior United Nations officials
        may have been connected to an illicit scheme in which
        approximately 270 prominent foreign officials, business people,
        and political entities received the right to trade in Iraqi oil
        at below-market prices.
            (6) On April 21, 2004, the United Nations Security Council
        adopted Resolution 1538, which established a high-level inquiry
        into allegations regarding the administration of the oil-for-
        food program. The inquiry will be led by Paul Volcker, but the
        investigators will not have subpoena power.
            (7) The ability and credibility of the United Nations
        Security Council to act in matters of war and peace is
        threatened by the alleged influence of politically connected
        individuals, companies, and institutions of the permanent
        member states who received Iraqi oil contracts.
            (8) The ability and credibility of the United Nations to
        convey legitimacy to the new Government of Iraq and assist in
        the reconstruction of postwar Iraq is hampered by these
        allegations of United Nations corruption and mismanagement in
        the oil-for-food program.

SEC. 3. OIL-FOR-FOOD PROGRAM DEFINED.

    In this Act, the term ``oil-for-food program'' means the program
established and administered pursuant to United Nations Security
Council Resolution 986 (April 14, 1995) and subsequent United Nations
resolutions to permit the sale of petroleum products exported from Iraq
and to use the revenue generated from such sale for humanitarian
assistance.

SEC. 4. PAYMENT OF UNITED STATES CONTRIBUTIONS FOR UNITED NATIONS
              REGULAR BUDGET CONTINGENT UPON PRESIDENTIAL CERTIFICATION
              OF UNITED NATIONS COOPERATION.

    (a) Withholding of Portion of Assessed Contributions.--Until the
President submits to Congress a certification that satisfies the
requirements described in subsection (b), amounts shall be withheld
from amounts appropriated for contributions to international
organizations as follows:
            (1) Of the funds appropriated for contributions to
        international organizations in an Act making appropriations for
        fiscal year 2005, 10 percent of the amount available for United
        States assessed contributions to the regular budget of the
        United Nations for such fiscal year.
            (2) Of the funds appropriated for contributions to
        international organizations in an Act making appropriations for
        fiscal year 2006, 20 percent of the amount available for United
        States assessed contributions to the regular budget of the
        United Nations for such fiscal year.
    (b) Certification.--The certification referred to in subsection (a)
is a certification made by the President to Congress that--
            (1) the United Nations has in effect procedures that
        provide the General Accounting Office access to all documents
        relating to the oil-for-food program so that the Comptroller
        General may perform nationally mandated reviews of United
        Nations operations;
            (2) the United Nations Secretary General has formally
        confirmed that the United Nations will not assert the
        inviolability of United Nations papers and internal records
        that concern the oil-for-food program or a sanction imposed on
        Iraq related to the oil-for-food program;
            (3) the United Nations Secretary General has authorized the
        release to the law enforcement authorities of any member state
        of the United Nations authentic copies of any document in the
        possession of the United Nations, including any document in the
        possession of a person who was engaged on a contract basis to
        provide goods or services to the United Nations, that in the
        judgment of the requesting authority directly or indirectly
        concerns the oil-for-food program or a sanction imposed on Iraq
        related to the oil-for-food program upon request by such law
        enforcement authority;
            (4) the United Nations has waived any immunity enjoyed by
        any United Nations official from the judicial process in the
        United States for any civil or criminal acts or omissions under
        Federal or State law that may have transpired within the
        jurisdiction of the United States in connection with the oil-
        for-food program; and
            (5) any United Nations official who benefitted financially
        from the oil-for-food program has reimbursed the Government of
        Iraq and any other entity affected by the illicit activity of
        such official the full amount that such official improperly
        received from the oil-for-food program.

Output: United Nations Oil-for-Food Accountability Act of 2004 - Requires the withholding of certain FY 2005 and 2006 U.S. contributions to the United Nations (UN) until the President certifies that the UN is cooperating in the investigation of the United Nations Oil-for-Food Program.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``TANF Recipients' Lifeline Act''.

SEC. 2. REPEAL OF 5-YEAR LIMIT ON BENEFITS.

    (a) In General.--Section 408(a) of the Social Security Act (42
U.S.C. 608(a)) is amended by striking paragraph (7).
    (b) Conforming Amendment.--Section 409(a) of such Act (42 U.S.C.
609(a)) is amended by striking paragraph (9).

SEC. 3. EXCEPTION FOR TANF TO 5-YEAR BAN ON BENEFITS FOR QUALIFIED
              ALIENS.

    (a) In General.--Section 403(c)(2) of the Personal Responsibility
and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1613(c)(2))
is amended by adding at the end the following:
                    ``(L) Benefits under the Temporary Assistance for
                Needy Families program described in section
                402(b)(3)(A).''.
    (b) Conforming Amendments.--Section 402(b)(2) of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996 (8
U.S.C. 1612(b)(2)) is amended--
            (1) in subparagraph (A)(ii) by striking ``subparagraph
        (C))'' and inserting ``subparagraphs (A) and (C))''; and
            (2) by striking subparagraph (B).

SEC. 4. REQUIREMENT TO PROVIDE TRANSLATION SERVICES FOR NON-ENGLISH
              SPEAKERS.

    (a) Requirement.--Section 408(a) of the Social Security Act (42
U.S.C. 608(a)) is amended by adding at the end the following:
            ``(12) Use of bilingual personnel and printed material.--A
        State to which a grant is made under section 403 shall use
        appropriate bilingual personnel and printed material in the
        administration of the State program funded under this part in
        those portions of the political subdivisions in the State in
        which a substantial number of recipients of assistance under
        the State program speak a language other than English.''.
    (b) Penalty.--Section 409(a) of such Act (42 U.S.C. 609(a)) is
amended by adding at the end the following:
            ``(15) Failure to use bilingual personnel and printed
        material.--If the Secretary determines that a State to which a
        grant is made under section 403 for a fiscal year has violated
        section 408(a)(12) during the fiscal year, the Secretary shall
        reduce the grant payable to the State under section 403(a)(1)
        for the immediately succeeding fiscal year by an amount equal
        to 2 percent of the State family assistance grant.''.

SEC. 5. INFLATION ADJUSTMENT OF BLOCK GRANT.

    (a) Extension of Block Grant.--Section 403(a)(1)(A) of the Social
Security Act (42 U.S.C. 603(a)(1)(A)) is amended by striking ``1996''
and all that follows through ``2002'' and inserting ``2002 through
2005''.
    (b) Inflation Adjustment.--Section 403(a)(1) of such Act (42 U.S.C.
603(a)(1)) is amended--
            (1) in subparagraph (B)--
                    (A) by striking ``means the greatest of--'' and
                inserting ``means, with respect to a fiscal year
                specified in subparagraph (A)--
                            ``(i) the greatest of--'';
                    (B) by redesignating each of clauses (i), (ii)(I),
                (ii)(II), and (iii) as subclauses (I), (II)(aa),
                (II)(bb), and (III), respectively;
                    (C) by indenting each of the provisions specified
                in subparagraph (B) of this paragraph 2 additional ems
                to the right;
                    (D) by striking the period and inserting ``;
                mulitplied by''; and
                    (E) by adding at the end the following:
                            ``(ii) if the fiscal year specified in
                        subparagraph (A) is--
                                    ``(I) fiscal year 2002 or 2003,
                                1.00; or
                                    ``(II) fiscal year 2004 or 2005,
                                1.00 plus the inflation percentage (as
                                defined in subparagraph (F) of this
                                paragraph) in effect for the fiscal
                                year specified in subparagraph (A).'';
                                and
            (2) by adding at the end the following:
                    ``(F) Inflation percentage.--For purposes of
                subparagraph (B) of this paragraph, the inflation
                percentage applicable to a fiscal year is the
                percentage (if any) by which--
                            ``(i) the average of the Consumer Price
                        Index (as defined in section 1(f)(5) of the
                        Internal Revenue Code of 1986) for the 12-month
                        period ending on September 30 of the
                        immediately preceding fiscal year; exceeds
                            ``(ii) the average of the Consumer Price
                        Index (as so defined) for the 12-month period
                        ending on September 30, 2002.''.

SEC. 6. EFFECTIVE DATE.

    The amendments made by this Act shall take effect on October 1,
2002.

Output: TANF Recipients' Lifeline Act - Amends part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act (SSA) to: (1) repeal the five year limit on TANF benefits; (2) require a State to which a TANF grant is made to use appropriate bilingual personnel and printed material in the administration of the State program in those portions of the State in which a substantial number of TANF recipients speak a language other than English; and (3) provide for inflation adjustment of the TANF block grant.Amends the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 to exempt TANF benefits from the ban on Federal means-tested public benefits for qualified aliens for the first five years after lawful entry into the United States.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``NSA Internal Watchdog Act''.

SEC. 2. INSPECTOR GENERAL OF THE NATIONAL SECURITY AGENCY.

    (a) Elevation of Inspector General Status.--The Inspector General
Act of 1978 (5 U.S.C. App.) is amended--
            (1) in section 8G(a)(2), by striking ``the National
        Security Agency,''; and
            (2) in section 12--
                    (A) in paragraph (1), by inserting ``the Director
                of the National Security Agency;'' after ``Export-
                Import Bank;''; and
                    (B) in paragraph (2), by inserting ``the National
                Security Agency,'' after ``the National Aeronautics and
                Space Administration,''.
    (b) Date of Appointment.--Not later than 90 days after the date of
the enactment of this Act, the President shall nominate a person for
appointment, by and with the advice and consent of the Senate, as
Inspector General of the National Security Agency under section 3(a) of
the Inspector General Act of 1978 (5 U.S.C. App.) consistent with the
amendments made by subsection (a).
    (c) Transition Rule.--An individual serving as Inspector General of
the National Security Agency on the date of the enactment of this Act
pursuant to an appointment made under section 8G of the Inspector
General Act of 1978 (5 U.S.C. App.)--
            (1) may continue so serving until the President makes an
        appointment under section 3(a) of such Act with respect to the
        National Security Agency consistent with the amendments made by
        subsection (a); and
            (2) shall, while serving under paragraph (1), remain
        subject to the provisions of section 8G of such Act that,
        immediately before the date of the enactment of this Act,
        applied with respect to the Inspector General of the National
        Security Agency and suffer no reduction in pay.

SEC. 3. ANNUAL REVIEW OF MECHANISMS FOR REPORTING EMPLOYEE OR
              CONTRACTOR COMPLAINTS.

    Section 8H(g)(1) of the Inspector General Act of 1978 (5 U.S.C.
App.) is amended by adding at the end the following new subparagraph:
                    ``(E) In the case of the Inspector General of the
                National Security Agency, a review of the mechanisms
                for submitting complaints that are available to an
                employee of or contractor to the National Security
                Agency and any recommendations of the Inspector General
                for improving such mechanisms.''.

SEC. 4. SPECIAL PROVISIONS CONCERNING THE NATIONAL SECURITY AGENCY.

    The Inspector General Act of 1978 (5 U.S.C. App.) is amended by
inserting after section 8J the following new section:

``SEC. 8K. SPECIAL PROVISIONS CONCERNING THE NATIONAL SECURITY AGENCY.

    ``(a) General Counsel to the Inspector General.--
            ``(1) In general.--There is a General Counsel to the
        Inspector General of the National Security Agency, who shall be
        appointed by the Inspector General of the National Security
        Agency.
            ``(2) Duties.--The General Counsel to the Inspector General
        of the National Security Agency shall--
                    ``(A) serve as the chief legal officer of the
                Office of the Inspector General of the National
                Security Agency;
                    ``(B) provide legal services only to the Inspector
                General of the National Security Agency;
                    ``(C) perform such functions as the Inspector
                General may prescribe; and
                    ``(D) serve at the discretion of the Inspector
                General.
            ``(3) Office of the general counsel.--There is an Office of
        the General Counsel to the Inspector General of the National
        Security Agency. The Inspector General may appoint to the
        Office to serve as staff of the General Counsel such legal
        counsel as the Inspector General considers appropriate.
    ``(b) Testimony.--
            ``(1) Authority to compel.--The Inspector General of the
        National Security Agency is authorized to require by subpoena
        the attendance and testimony of former employees of the
        National Security Agency or contractors, former contractors, or
        former detailees to the National Security Agency as necessary
        in the performance of functions assigned to the Inspector
        General by this Act.
            ``(2) Refusal to obey.--A subpoena issued under this
        subsection, in the case of contumacy or refusal to obey, shall
        be enforceable by order of any appropriate United States
        district court.
            ``(3) Notification.--The Inspector General shall notify the
        Attorney General 7 days before issuing any subpoena under this
        section.
    ``(c) Prohibitions on Investigations for National Security
Reasons.--
            ``(1) Evaluations of prohibitions.--Not later than 7 days
        after the date on which the Inspector General of the National
        Security Agency receives notice or a statement under section
        8G(d)(2)(C) of the reasons the Secretary of Defense is
        prohibiting the Inspector General from initiating, carrying
        out, or completing any audit or investigation, the Inspector
        General shall submit to the Permanent Select Committee on
        Intelligence and the Committee on Armed Services of the House
        of Representatives and the Select Committee on Intelligence and
        the Committee on Armed Services of the Senate an evaluation of
        such notice or such statement.
            ``(2) Inclusion in semi-annual report.--The Inspector
        General shall include in the semiannual report prepared by the
        Inspector General in accordance with section 5(a) a description
        of the instances in which the Secretary of Defense prohibited
        the Inspector General from initiating, carrying out, or
        completing any audit or investigation during the period covered
        by such report.
    ``(d) Standard for Audits and Investigations.--In carrying out any
audit or investigation of a surveillance or data collection program,
the Inspector General shall--
            ``(1) assess the impact of such program on civil rights and
        civil liberties;
            ``(2) assess the effectiveness and use, including any
        improper or illegal use, of such program; and
            ``(3) make any recommendations the Inspector General
        considers appropriate to improve the protection of civil rights
        and civil liberties in the operation of such program.
    ``(e) Availability of Reports.--
            ``(1) Availability.--Each report to Congress or a committee
        of Congress by the Inspector General shall be made available to
        all Members of Congress.
            ``(2) Member of congress defined.--In this subsection, the
        term `Member of Congress' means a Senator, a Member of the
        House of Representatives, or a Delegate or Resident
        Commissioner to the Congress.''.

SEC. 5. AUDIT OF SURVEILLANCE PROGRAMS AND BACKGROUND INVESTIGATIONS.

    (a) Audit.--The Inspector General of the National Security Agency
appointed under section 3(a) of the Inspector General Act of 1978 (5
U.S.C. App.) consistent with the amendments made by section 2(a) of
this Act shall perform a comprehensive audit of--
            (1) the effectiveness and use, including improper or
        illegal use, of surveillance and data collection programs of
        the National Security Agency, including programs conducted
        pursuant to sections 501 and 702 of the Foreign Intelligence
        Surveillance Act of 1978 (50 U.S.C. 1861 and 1881a);
            (2) the interactions between the National Security Agency
        and the court established under section 103(a) of the Foreign
        Intelligence Surveillance Act of 1978 (50 U.S.C. 1803(a)),
        including the accuracy of the information provided to such
        court by the Agency and the compliance of the Agency with
        orders of such court; and
            (3) the process for conducting background investigations of
        persons for purposes of employment or potential employment by
        the National Security Agency or for receiving access to
        classified information.
    (b) Report.--Not later than 180 days after the date on which the
Inspector General of the National Security Agency is appointed under
section 3(a) of the Inspector General Act of 1978 (5 U.S.C. App.)
consistent with the amendments made by section 2(a) of this Act, the
Inspector General of the National Security Agency shall submit to the
Permanent Select Committee on Intelligence of the House of
Representatives and the Select Committee on Intelligence of the Senate
a report containing the results of the audit conducted under subsection
(a).
    (c) Rule of Construction.--Nothing in this section shall be
construed to alter the responsibility of the Inspector General of the
National Security Agency to conduct audits or investigations of the
surveillance programs of the National Security Agency and the
background investigation process for employment or access to classified
information on an ongoing basis in accordance with the Inspector
General Act of 1978 (5 U.S.C. App.).

Output: NSA Internal Watchdog Act - Amends the Inspector General Act of 1978 to require the President to appoint, with advice and consent of the Senate, the Inspector General of the National Security Agency (NSA). (Currently, the NSA Inspector General is appointed by the NSA Director.) Directs the Inspector General to include in an annual report to Congress a review of the mechanisms for NSA employees or contractors to submit complaints. Establishes a General Counsel to the NSA Inspector General, to be appointed by the Inspector General.  Authorizes the Inspector General, after providing the Attorney General (DOJ) with seven days' advance notice, to subpoena the attendance and testimony of former NSA employees or NSA contractors, former contractors, or former detailees.  Requires the Inspector General to provide Congress with an evaluation of any notice or statement of reasons the Inspector General receives from the Secretary of Defense (DOD) regarding the Secretary's exercise of authority in the interest of national security to prohibit the Inspector General from initiating, carrying out, or completing any audit or investigation. Directs the Inspector General, in carrying out any audit or investigation of a surveillance or data collection program, to assess the impact of such program on civil rights and liberties. Requires the Inspector General's reports to Congress to be made available to all Members of Congress.  Directs the Inspector General to audit and report to Congress regarding the effectiveness and use (including improper or illegal use) of NSA surveillance and data collection programs, including programs under the Foreign Intelligence Surveillance Act of 1978 (FISA) that authorize: (1) the Federal Bureau of Investigation (FBI) to submit applications to the FISA court for an order requiring the production of tangible things (commonly referred to as business records, including books, records, papers, documents, and other items); and (2) the Attorney General and the Director of National Intelligence (DNI), with the approval of the FISA court or under exigent circumstances, to authorize the targeting of persons located outside the United States. Requires such audit to address: (1) the interactions between the NSA and the FISA court, and (2) the process for conducting background investigations of persons for NSA employment or for receiving access to classified information.


Input:
SECTION 1. SHORT TITLE.

    (a) Short Title.--This Act may be cited as the ``Medicare Ambulance
Access, Fraud Prevention, and Reform Act of 2014''.
    (b) Table of Contents.--The table of contents of this Act is as
follows:

Sec. 1. Short title.
Sec. 2. Reform to the Medicare ambulance fee schedule.
Sec. 3. Prior authorization for ambulance transports of ESRD
                            beneficiaries.
Sec. 4. Requiring ambulance providers to submit cost and other
                            information.

SEC. 2. REFORM TO THE MEDICARE AMBULANCE FEE SCHEDULE.

    (a) In General.--Section 1834(l) of the Social Security Act (42
U.S.C. 1395m(l)) is amended by adding the following new paragraphs:
            ``(16) Increase in conversion factor for ground ambulance
        services.--In the case of ground ambulance services furnished
        on or after April 1, 2015, for purposes of determining the fee
        schedule amount for such services under this subsection, the
        conversion factor otherwise applicable to such services shall
        be increased by--
                    ``(A) with respect to ground ambulance services for
                which the transportation originates in a qualified
                rural area, as identified using the methodology
                described in paragraph (12)(B)(iii), 25.6 percent;
                    ``(B) with respect to ground ambulance services not
                described in subparagraph (A) and for which the
                transportation originates in a rural area described
                under paragraph (9) or in a rural census tract
                described in such paragraph, 3 percent; and
                    ``(C) with respect to ground ambulance services not
                described in subparagraph (A) or (B), 2 percent.
            ``(17) Increase in mileage rate for ground ambulance
        services.--In the case of ground ambulance services furnished
        on or after April 1, 2015, for purposes of determining the fee
        schedule amount for such services under this subsection, the
        payment rate for mileage otherwise applicable to such services
        shall be increased by--
                    ``(A) with respect to ground ambulance services for
                which the transportation originates in a qualified
                rural area, as identified using the methodology
                described in paragraph (12)(B)(iii), 3 percent;
                    ``(B) with respect to ground ambulance services for
                which the transportation originates in a rural area
                described under paragraph (9) or in a rural census
                tract described in such paragraph, 3 percent; and
                    ``(C) with respect to ground ambulance services not
                described in subparagraph (A) or (B), 2 percent.''.
    (b) Study and Report.--
            (1) Study.--The Secretary of Health and Human Services
        shall conduct a study on how the conversion factor applicable
        to ground ambulance services under the ambulance fee schedule
        under section 1834(l) of the Social Security Act (42 U.S.C.
        1395m(l)), as adjusted under paragraph (16) of such section (as
        added by subsection (a)), should be modified, if at all, to
        take into account the cost of providing services in urban,
        rural, and super-rural areas. In determining such costs, the
        Secretary shall use the data collected through the data
        collection system under paragraph (18) of such section, as
        added by section 4.
            (2) Report.--Not later than January 1, 2019, the Secretary
        of Health and Human Services shall submit to Congress a report
        on the study conducted under paragraph (1), together with
        recommendations for such legislation and administrative action
        as the Secretary determines appropriate.

SEC. 3. PRIOR AUTHORIZATION FOR AMBULANCE TRANSPORTS OF ESRD
              BENEFICIARIES.

    (a) In General.--Section 1834(l) of the Social Security Act (42
U.S.C. 1395m(l)), as amended by section 2, is amended by adding at the
end the following new paragraph:
            ``(18) Prior authorization of coverage for ambulance
        transports of esrd beneficiaries.--
                    ``(A) Process.--
                            ``(i) In general.--For applicable ESRD
                        ambulance services furnished on or after
                        January 1, 2016, by an ambulance provider, the
                        Secretary shall establish and implement a
                        process under which the Secretary shall
                        determine, in advance of furnishing such a
                        service to an individual, whether payment for
                        such service may not be made because such
                        service is not covered or because of the
                        application of section 1862(a)(1).
                            ``(ii) Denial of payment.--Subject to
                        subparagraph (B)(ii)(II), no payment shall be
                        made under this part for the service unless the
                        Secretary determines pursuant to such process
                        that the service meets the applicable
                        requirements for coverage.
                    ``(B) Elements of process.--The process described
                in subparagraph (A) shall include the following
                elements:
                            ``(i) In order to obtain a prior
                        authorization, the ambulance provider shall
                        submit--
                                    ``(I) a valid physician
                                certification statement (PCS) for non-
                                emergency ambulance transport; and
                                    ``(II) any other documentation
                                determined appropriate by the
                                Secretary.
                            ``(ii)(I) The Secretary shall respond to a
                        prior authorization request within 7 business
                        days of receiving the request.
                            ``(II) If the Secretary does not make a
                        prior authorization determination within 7
                        business days of the date of the Secretary's
                        receipt of medical documentation needed to make
                        such determination, subparagraph (A)(ii) shall
                        not apply.
                            ``(iii) In making the determination under
                        subparagraph (A) with respect to a service and
                        individual, the Secretary shall evaluate the
                        medical necessity of the service by
                        determining--
                                    ``(I) whether the individual is
                                unable to get up from bed without
                                assistance, unable to ambulate, and
                                unable to sit in a chair or wheelchair;
                                    ``(II) whether the individual has a
                                medical condition that, regardless of
                                bed confinement, is such that transport
                                by ambulance is medically necessary; or
                                    ``(III) whether the individual
                                meets other criteria as determined
                                appropriate by the Secretary.
                            ``(iv) If the prior authorization request
                        is approved, such request shall be retroactive
                        to the date on which such request was received.
                            ``(v) An approved prior authorization shall
                        be valid for a 60-day period. The Secretary may
                        provide for an extension of such period if the
                        Secretary determines such an extension is
                        appropriate.
                            ``(vi) An approved prior authorization
                        shall be deemed to constitute medical necessity
                        but shall not eliminate the documentation
                        requirements necessary to support a claim for
                        the transport.
                            ``(vii) Other elements determined
                        appropriate by the Secretary.
                    ``(C) Reliance upon contractors.--The Secretary may
                rely upon contractors to implement the requirements of
                this paragraph. The contractor's compensation shall be
                limited to a demonstration that it has reduced the
                number of non-emergency basic life support services
                involving individuals with end-stage renal disease for
                renal dialysis services (as described in section
                1881(b)(14)(B)) furnished other than on an emergency
                basis.
                    ``(D) Applicable esrd ambulance services.--In this
                paragraph, the term `applicable ESRD ambulance
                services' means ambulance services consisting of non-
                emergency basic life support services involving
                transport of an individual with end-stage renal disease
                for renal dialysis services (as described in section
                1881(b)(14)(B)) furnished other than on an emergency
                basis.
                    ``(E) Ambulance provider.--In this paragraph, the
                term `ambulance provider' means a provider of services
                (as defined in section 1861(u)) or other entity that
                furnishes ambulance services under this title.
                    ``(F) Implementation.--
                            ``(i) In general.--Subject to clause (ii),
                        the Secretary may carry out this paragraph
                        through program instruction or otherwise.
                            ``(ii) Sufficient notice to prepare.--Not
                        later than June 30, 2015, the Secretary shall
                        make the aspects of the process under this
                        paragraph available to the public.''.
    (b) Conforming Amendments.--Section 1834(l) of the Social Security
Act (42 U.S.C. 1395m(l)) is amended--
            (1) in paragraph (1), by striking ``a supplier or provider
        or under arrangement with a provider'' and inserting ``an
        ambulance provider (as defined in paragraph (18)(E)) or under
        arrangement with an ambulance provider'';
            (2) in paragraph (8), in the matter following subparagraph
        (B), by striking ``provider or supplier of ambulance services''
        and inserting ``ambulance provider (as defined in paragraph
        (18)(E))'';
            (3) in paragraph (9), in the heading, by inserting
        ``ambulance'' after ``rural'';
            (4) in paragraph (12), in the heading, by inserting
        ``ambulance'' after ``rural''; and
            (5) in each of subparagraphs (B)(ii) and (D)(ii) of
        paragraph (14), by striking ``entity'' and inserting
        ``ambulance provider (as defined in paragraph (18)(E))''.

SEC. 4. REQUIRING AMBULANCE PROVIDERS TO SUBMIT COST AND OTHER
              INFORMATION.

    Section 1834(l) of the Social Security Act (42 U.S.C. 1395m(l)), as
amended by section 3, is amended by adding at the end the following new
paragraph:
            ``(19) Submission of cost and other information.--
                    ``(A) Development of data collection system.--The
                Secretary shall develop a data collection system (which
                may include use of a cost survey and standardized
                definitions) for providers and suppliers of ambulance
                services to collect cost, revenue, utilization, and
                other information determined appropriate by the
                Secretary. Such system shall be designed to submit
                information--
                            ``(i) needed to evaluate the
                        appropriateness of payment rates under this
                        subsection;
                            ``(ii) on the utilization of capital
                        equipment and ambulance capacity; and
                            ``(iii) on different types of ambulance
                        services furnished in different geographic
                        locations, including rural areas and low
                        population density areas described in paragraph
                        (12).
                    ``(B) Specification of data collection system.--
                            ``(i) In general.--Not later than July 1,
                        2015, the Secretary shall--
                                    ``(I) specify the data collection
                                system under subparagraph (A) and the
                                time period during which such data is
                                required to be submitted; and
                                    ``(II) identify the providers and
                                suppliers of ambulance services who
                                would be required to submit the
                                information under such data collection
                                system.
                            ``(ii) Respondents.--Subject to
                        subparagraph (D)(ii), the Secretary shall
                        determine an appropriate sample of providers
                        and suppliers of ambulance services to submit
                        information under the data collection system
                        for each period for which reporting of data is
                        required.
                    ``(C) Penalty for failure to report cost and other
                information.--Beginning on July 1, 2016, a 5-percent
                reduction to payments under this part shall be made for
                a 1-year prospective period specified by the Secretary
                to a provider or supplier of ambulance services who--
                            ``(i) is identified under subparagraph
                        (B)(i)(II) as being required to submit the
                        information under the data collection system;
                        and
                            ``(ii) does not submit such information
                        during the period specified under subparagraph
                        (B)(i)(I).
                    ``(D) Ongoing data collection.--
                            ``(i) Revision of data collection system.--
                        The Secretary may, as determined appropriate,
                        periodically revise the data collection system.
                            ``(ii) Subsequent data collection.--In
                        order to continue to evaluate the
                        appropriateness of payment rates under this
                        subsection, the Secretary shall, for years
                        after 2016 (but not less often than once every
                        3 years), require providers and suppliers of
                        ambulance services to submit information for a
                        period the Secretary determines appropriate.
                        The penalty described in subparagraph (C) shall
                        apply to such subsequent data collection
                        periods.
                    ``(E) Consultation.--The Secretary shall consult
                with stakeholders in carrying out the development of
                the system and collection of information under this
                paragraph, including the activities described in
                subparagraphs (A) and (D). Such consultation shall
                include the use of requests for information and other
                mechanisms determined appropriate by the Secretary.
                    ``(F) Administration.--Chapter 35 of title 44,
                United States Code, shall not apply to the collection
                of information required under this subsection.
                    ``(G) Limitations on review.--There shall be no
                administrative or judicial review under section 1869,
                section 1878, or otherwise of the data collection
                system or identification of respondents under this
                paragraph.
                    ``(H) Funding for implementation.--For purposes of
                carrying out subparagraph (A), the Secretary shall
                provide for the transfer, from the Federal
                Supplementary Medical Insurance Trust Fund under
                section 1841, of $1,000,000 to the Centers for Medicare
                & Medicaid Services Program Management Account for
                fiscal year 2015. Amounts transferred under this
                subparagraph shall remain available until expended.''.

Output: Medicare Ambulance Access, Fraud Prevention, and Reform Act of 2014 - Amends part B (Supplementary Medical Insurance Benefits) of title XVIII (Medicare) of the Social Security Act with respect to the ambulance fee schedule to: (1) increase the conversion factor for ground ambulance services in the formula for determining the appropriate fee, and (2) increase the mileage rate for such services. Directs the Secretary of Health and Human Services (HHS) to study how the conversion factor should be modified, if at all, to take into account the cost of providing ambulance services in urban, rural, and super-rural areas. Directs the Secretary to establish a process to determine, in advance of furnishing end stage renal disease (ESRD) ambulance services, whether payment for them may not be made because they are not covered or because they are excluded from coverage. Prohibits any payment unless the Secretary determines, pursuant to this process, that the service meets coverage requirements. Directs the Secretary to develop a data collection system for providers and suppliers of ambulance services to collect cost, revenue, utilization, and other appropriate information.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Displaced Older Worker Assistance
Act of 2001''.

SEC. 2. EXCLUSION FROM INCOME OF SEVERANCE PAYMENT AMOUNTS.

    (a) In General.--Part III of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 (relating to items specifically excluded
from gross income) is amended by redesignating section 139 as section
139A and by inserting after section 138 the following new section:

``SEC. 139. SEVERANCE PAYMENTS.

    ``(a) In General.--In the case of an individual, gross income shall
not include any qualified severance payment.
    ``(b) Limitations.--
            ``(1) Amount.--The amount to which the exclusion under
        subsection (a) applies shall not exceed--
                    ``(A) $15,000, with respect to any separation from
                employment, reduced by
                    ``(B) the aggregate amount excluded from gross
                income under subsection (a) in prior taxable years.
            ``(2) Years to which exclusion applies.--No qualified
        severance payment shall be excluded from gross income under
        subsection (a) unless such payment is received in the taxable
        year in which separation from employment occurs or in one of
        the two succeeding taxable years.
    ``(c) Qualified Severance Payment.--For purposes of this section,
the term `qualified severance payment' means any payment received by an
individual if--
            ``(1) such payment was paid by such individual's employer
        on account of such individual's separation from employment, and
            ``(2) such individual received a written notice from such
        employer indicating that such payment is a severance payment.''
    (b) Clerical Amendment.--The table of sections for part III of
subchapter B of chapter 1 of such Code is amended by striking the item
relating to section 139 and inserting the following new items:

                              ``Sec. 139. Severance payments.
                              ``Sec. 139A. Cross references to other
                                        Acts.''
    (c) Effective Date.--The amendments made by this section shall
apply to taxable years ending after the date of the enactment of this
Act.

SEC. 3. REFUNDABLE CREDIT FOR RETRAINING EXPENSES FOR CERTAIN OLDER
              LONG-TIME EMPLOYEES WHO ARE LAID OFF.

    (a) In General.--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 35 as section 36 and by inserting
after section 34 the following new section:

``SEC. 35. RETRAINING EXPENSES FOR CERTAIN OLDER LONG-TIME EMPLOYEES
              WHO ARE LAID OFF.

    ``(a) Allowance of Credit.--In the case of an eligible individual,
there shall be allowed as a credit against the tax imposed by this
subtitle an amount equal to the qualified job training expenses which
are paid or incurred during the taxable year.
    ``(b) Maximum Credit.--The amount of qualified job training
expenses of an individual which may be taken into account under
subsection (a) with respect to a reduction in a work force for the
taxable year shall not exceed $2,000, reduced by the amount of such
expenses which were taken into account under subsection (a) (or would
have been so taken into account but for subsection (c)) with respect to
such reduction for all prior taxable years.
    ``(c) Limitation Based on Adjusted Gross Income.--
            ``(1) In general.--The dollar amount contained in
        subsection (b) shall be reduced (but not below zero) by an
        amount which bears the same ratio to such limitation as--
                    ``(A) the excess of--
                            ``(i) the taxpayer's adjusted gross income
                        for such taxable year, over
                            ``(ii) the applicable dollar amount, bears
                        to
                    ``(B) $20,000.
            ``(2) Rounding.--Any amount determined under paragraph (1)
        which is not a multiple of $10 shall be rounded to the next
        lowest $10.
            ``(3) Applicable dollar amount.--For purposes of this
        subsection, the term `applicable dollar amount' means--
                    ``(A) in the case of a taxpayer filing a joint
                return, $100,000,
                    ``(B) in the case of any other taxpayer (other than
                a married individual filing a separate return),
                $75,000, and
                    ``(C) in the case of a married individual filing a
                separate return, $50,000.
        A rule similar to the rule of section 219(g)(4) shall apply for
        purposes of this paragraph.
    ``(d) Definitions.--For purposes of this section--
            ``(1) Eligible individual.--The term `eligible individual'
        means any individual if--
                    ``(A) during the taxable year or the preceding
                taxable year, such individual separated from employment
                in connection with a reduction in the work force of
                such individual's employer (other than a seasonal
                reduction), and
                    ``(B) as of the date of such separation, such
                individual had attained age 50.
            ``(2) Qualified job training expenses.--
                    ``(A) In general.--The term `qualified job training
                expenses' means--
                            ``(i) tuition and fees required for the
                        enrollment or attendance of the eligible
                        individual--
                                    ``(I) at an eligible educational
                                institution, or
                                    ``(II) in an applicable training
                                program,
                            ``(ii) fees, books, supplies, and equipment
                        required for an eligible individual for--
                                    ``(I) courses of instruction at an
                                eligible educational institution, or
                                    ``(II) an applicable training
                                program, and
                            ``(iii) a reasonable allowance for meals
                        and lodging while attending an eligible
                        educational institution or an applicable
                        training program.
                    ``(B) Eligible educational institution.--The term
                `eligible educational institution' means--
                            ``(i) an institution of higher education
                        (as defined in section 101 or 102 of the Higher
                        Education Act of 1965), or
                            ``(ii) an area vocational technical
                        education school (as defined in subparagraph
                        (C) or (D) of section 3(3) of the Carl D.
                        Perkins Vocational and Technical Education Act
                        of 1998) to the extent such school is located
                        within any State (as defined in section 3 of
                        such Act).
                    ``(C) Applicable training program.--The term
                `applicable training program' means--
                            ``(i) any program under the Carl D. Perkins
                        Vocational and Technical Education Act of 1998,
                        chapter 5 of subtitle B of title I of the
                        Workforce Investment Act of 1998, or the
                        Wagner-Peyser Act, and
                            ``(ii) any training program approved under
                        section 236 of the Trade Act of 1974.''
    (b) Technical Amendments.--
            (1) Paragraph (2) of section 1324(b) of title 31, United
        States Code, is amended by inserting ``from section 35 of such
        Code, or'' after ``1978,''.
            (2) The table of sections for subpart C of part IV of
        subchapter A of chapter 1 of such Code is amended by striking
        the last item and inserting the following new items:

                              ``Sec. 35. Retraining expenses for
                                        certain older long-time
                                        employees who are laid off.
                              ``Sec. 36. Overpayments of tax.''
    (c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2000.

SEC. 4. STUDY ON SPECIAL NEEDS OF DISPLACED OLDER WORKERS.

    (a) In General.--The Comptroller General of the United States, in
collaboration with the Secretary of Labor and the head of any other
Federal agency offering a job training or retraining program, shall
conduct a study on the special needs of displaced older workers. The
study shall--
            (1) examine the unique differences in needs and challenges
        that older workers face when finding a new job after a layoff
        or work separation in comparison to younger workers facing such
        challenges;
            (2) include an assessment of whether existing Federal job
        training or retraining programs adequately serve and meet the
        special needs and challenges of older workers;
            (3) include an assessment of whether older workers are
        disproportionately impacted by job losses attributable to
        international trade; and
            (4) include an assessment of the financial incentives for
        typical private firms to invest in worker training for older
        workers in comparison to such incentives for younger workers.
    (b) Submission of Reports to Congress.--
            (1) Final report.--Not later than 2 years after the date of
        the enactment of this Act, the Comptroller General shall submit
        to the Congress a report on the study required by subsection
        (a). The report shall include such legislative and
        administrative recommendations as the Comptroller General
        determines are necessary or appropriate to improve the
        effectiveness of existing Federal programs in serving the needs
        of displaced older workers.
            (2) Interim report.--Not later than 6 months after the date
        of the enactment of this Act, the Comptroller General shall
        submit to the Congress an interim report with respect to the
        study required by this section.
    (c) Older Worker Defined.--For purposes of this section, the term
``older worker'' means an individual who is in or desires to be in the
workforce and who has attained age 50.

Output: Displaced Older Worker Assistance Act of 2001-Amends the Internal Revenue Code to: (1) exclude certain severance payments from income; and (2) allow as a credit qualified job retraining expenses for certain older long-time employees who are laid off.Directs the Comptroller General of the United States to study the special needs of displaced older workers.