Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Oregon Coastal Land Conveyance
Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Federal land.--The term ``Federal land'' means the
        approximately 14,804 acres of Federal land, as generally
        depicted on the map entitled ``Oregon Coastal Land
        Conveyance'', and dated March 27, 2013.
            (2) Planning area.--The term ``planning area'' means land--
                    (A) administered by the Director of the Bureau of
                Land Management; and
                    (B) located in--
                            (i) the Coos Bay District;
                            (ii) the Eugene District;
                            (iii) the Medford District;
                            (iv) the Roseburg District;
                            (v) the Salem District; and
                            (vi) the Klamath Falls Resource Area of the
                        Lakeview District.
            (3) Definition of public domain land.--
                    (A) In general.--In this subsection, the term
                ``public domain land'' has the meaning given the term
                ``public lands'' in section 103 of the Federal Land
                Policy and Management Act of 1976 (43 U.S.C. 1702).
                    (B) Exclusion.--The term ``public domain land''
                does not include any land managed in accordance with
                the Act of August 28, 1937 (50 Stat. 874, chapter 876;
                43 U.S.C. 1181a et seq.).
            (4) Secretary.--The term ``Secretary'' means the Secretary
        of the Interior.
            (5) Tribe.--The term ``Tribe'' means the Confederated
        Tribes of Coos, Lower Umpqua, and Siuslaw Indians.

SEC. 3. CONVEYANCE.

    (a) In General.--Subject to valid existing rights, including
rights-of-way, all right, title, and interest of the United States in
and to the Federal land, including any improvements located on the
Federal land, appurtenances to the Federal land, and minerals on or in
the Federal land, including oil and gas, shall be--
            (1) held in trust by the United States for the benefit of
        the Tribe; and
            (2) part of the reservation of the Tribe.
    (b) Survey.--Not later than 180 days after the date of enactment of
this Act, the Secretary shall complete a survey of the boundary lines
to establish the boundaries of the land taken into trust under
subsection (a).

SEC. 4. MAP AND LEGAL DESCRIPTION.

    (a) In General.--As soon as practicable after the date of enactment
of this Act, the Secretary shall file a map and legal description of
the Federal land with--
            (1) the Committee on Energy and Natural Resources of the
        Senate; and
            (2) the Committee on Natural Resources of the House of
        Representatives.
    (b) Force and Effect.--The map and legal description filed under
subsection (a) shall have the same force and effect as if included in
this Act, except that the Secretary may correct any clerical or
typographical errors in the map or legal description.
    (c) Public Availability.--The map and legal description filed under
subsection (a) shall be on file and available for public inspection in
the Office of the Secretary.

SEC. 5. ADMINISTRATION.

    (a) In General.--Unless expressly provided in this Act, nothing in
this Act affects any right or claim of the Tribe existing on the date
of enactment of this Act to any land or interest in land.
    (b) Prohibitions.--
            (1) Exports of unprocessed logs.--Federal law (including
        regulations) relating to the export of unprocessed logs
        harvested from Federal land shall apply to any unprocessed logs
        that are harvested from the Federal land.
            (2) Non-permissible use of land.--Any real property taken
        into trust under section 3 shall not be eligible, or used, for
        any gaming activity carried out under Public Law 100-497 (25
        U.S.C. 2701 et seq.).

SEC. 6. FOREST MANAGEMENT.

    Any commercial forestry activity that is carried out on the Federal
land shall be managed in accordance with all applicable Federal laws.

SEC. 7. LAND RECLASSIFICATION.

    (a) Identification of Oregon and California Railroad Land.--Not
later than 180 days after the date of enactment of this Act, the
Secretary of Agriculture and the Secretary shall identify any land
owned by the Oregon and California Railroad that is conveyed under
section 3.
    (b) Identification of Public Domain Land.--Not later than 18 months
after the date of enactment of this Act, the Secretary shall identify
public domain land that--
            (1) is approximately equal in acreage and condition as the
        land identified under subsection (a); and
            (2) is located within the planning area.
    (c) Maps.--Not later than 2 years after the date of enactment of
this Act, the Secretary shall submit to Congress and publish in the
Federal Register 1 or more maps depicting the land identified in
subsections (a) and (b).
    (d) Reclassification.--
            (1) In general.--After providing an opportunity for public
        comment, the Secretary shall reclassify the land identified in
        subsection (b) as land owned by the Oregon and California
        Railroad.
            (2) Applicability.--The Act of August 28, 1937 (50 Stat.
        874, chapter 876; 43 U.S.C. 1181a et seq.) shall apply to land
        reclassified as land owned by the Oregon and California
        Railroad under paragraph (1)(B).

Output: Oregon Coastal Land Conveyance Act - Holds in trust for the Confederated Tribes of Coos, Lower Umpqua, and Siuslaw Indians all right, title, and interest of the United States in and to approximately 14,804 acres of federal land generally depicted on the map entitled "Oregon Coastal Land Conveyance," dated March 27, 2013. Makes that land part of the Tribes' reservation. Applies federal law relating to the export of unprocessed logs harvested from federal land to any unprocessed logs that are harvested from the federal land conveyed to the Tribes. Prohibits gaming on those lands. Directs the Secretary of the Interior to convey to the Oregon and California Railroad public domain land that is located within a specified planning area and is approximately equal in acreage and condition to Railroad land that this Act conveys to the Tribes.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Broadband Deployment and Competition
Enhancement Act of 2001''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress makes the following findings:
            (1) In 2001, some broadband service providers are
        pervasively regulated, and some offering functionally
        equivalent services are not significantly regulated.
            (2) Common carrier regulation is being extended
        inappropriately to new broadband services being deployed by
        incumbent local exchange carriers, while no regulation is
        applied to new broadband services being deployed by local cable
        television companies.
            (3) There should be deregulatory parity in the provision of
        broadband services.
            (4) Broadband services and broadband service providers
        should be subject to little or no regulation, as there are no
        monopoly providers of such services and regulation of a nascent
        service inhibits the development of a competitive market.
            (5) Facilities used to provide broadband services, such as
        packet switching, are widely available in the market place and
        should therefore not be considered a network element, which
        common carriers must make available to other providers. Access
        should continue for essential facilities.
            (6) It is important for the economic development of the
        United States that all areas of the country receive the
        benefits of access to high speed Internet and the deployment of
        broadband services.
            (7) Common carrier regulation will not induce the
        deployment of broadband services, but will retard it.
            (8) Both Federal and State regulatory agencies have
        followed a regulatory scheme with respect to broadband
        services, and this pattern must be reversed.
    (b) Purposes.--The purposes of this Act are as follows:
            (1) To accelerate the deployment of broadband services to
        all parts of the United States.
            (2) To achieve deregulatory parity among providers of
        broadband services.
            (3) To reduce regulation of broadband services by the
        Federal Government and the States.

SEC. 3. DEPLOYMENT OF BROADBAND SERVICES.

    (a) In General.--Part II of title II of the Communications Act of
1934 (47 U.S.C. 251 et seq.) is amended by adding at the end the
following new section:

``SEC. 262. DEPLOYMENT OF BROADBAND SERVICES.

    ``(a) Opt-In.--This section applies to an incumbent local exchange
carrier only if the local exchange carrier provides written notice to
the Commission of its decision to comply with the provisions of this
section.
    ``(b) Next Generation Broadband Deployment.--
            ``(1) In general.--An incumbent local exchange carrier
        shall not be subject to the requirements of section 251(c) with
        respect to any optical fiber facility, or any technology of
        like functionality, in the local exchange carrier's network
        that is used to provide service to residential customers; and
                    ``(A) that is or was--
                            ``(i) deployed where no outside telephone
                        distribution plant previously existed; or
                            ``(ii) deployed from any structure or
                        premise to a customer premises; and
                    ``(B) if the facility is capable of providing
                advanced service.
            ``(2) Rights of way.--Any provider of facilities referred
        to in paragraph (1) shall have the duty to coordinate and
        cooperate with other local exchange carriers to provide access
        to rights of way consistent with section 251(b)(4).
            ``(3) Access to existing copper loop.--Nothing in this
        subsection shall preclude the Commission or a State from
        requiring that an incumbent local exchange carrier provide an
existing copper loop to another local exchange carrier upon request.
    ``(c) Competition Enhancement.--
            ``(1) In general.--Notwithstanding section 2(b), or any
        other provision of law, an incumbent local exchange carrier
        shall not be subject to the requirements of--
                    ``(A) section 251(c), except as provided in
                paragraph (2) of this subsection, with respect to its
                packet switching capability, or any successor
                technology; or
                    ``(B) section 251(c) with respect to the resale of
                advanced service or high-speed Internet access service.
            ``(2) Collocation.--
                    ``(A) In general.--An incumbent local exchange
                carrier has the duty to provide collocation at its
                central offices in accordance with the rules of the
                Commission established in accordance with section
                251(c)(6) for equipment to be used in the provision of
                advanced service.
                    ``(B) Remote terminal.--Neither the Commission nor
                a State may require collocation for equipment for the
                provision of advanced service inside a remote terminal
                where no space for collocation of such equipment is
                available. Collocation of advanced service equipment in
                the remote terminal shall not include collocation
                inside or within any equipment, components, or
                facilities located inside the remote terminal.
    ``(d) Build-Out Requirement.--
            ``(1) In general.--Except as provided in paragraph (3), an
        incumbent local exchange carrier or affiliate shall be capable
        of providing advanced service to all of its local exchange
        service customers in a State not later than 5 years after the
        date of enactment of the Broadband Deployment and Competition
        Enhancement Act of 2001, thereafter within 30 days of a bona
        fide request by any such local exchange service customer.
            ``(2) Means of addressing requirement.--An incumbent local
        exchange carrier or affiliate may use any technology, service,
        or combination of services to meet the requirement in paragraph
        (1).
            ``(3) Exemption.--An incumbent local exchange carrier or
        affiliate is exempt from the requirement in paragraph (1) if
        the provision of advanced service to a customer is not both
        technically and economically feasible.
    ``(e) Pricing Flexibility for Retail Advanced Service.--
            ``(1) Inapplicability of governmental regulation.--The
        rates, terms, and conditions of retail advanced service offered
        by an incumbent local exchange carrier or its affiliates to
        subscribers are not subject to Federal, State, or local
        regulation.
            ``(2) Construction.--Nothing in this subsection shall be
        construed to affect the obligations of a Bell operating company
        under section 272(c).
    ``(f) Enforcement.--
            ``(1) Failure to build-out.--If an incumbent local exchange
        carrier cannot comply with subsection (d)(1) as of the date
        specified in that subsection, subsections (c) and (e) shall no
        longer apply to such carrier as of that date.
            ``(2) Noncompliance with loop provisioning and collocation
        rules.--
                    ``(A) In general.--Except as provided in paragraph
                (3), subsections (c) and (e) shall cease to apply to an
                incumbent local exchange carrier as of the date on
                which a State makes a final and nonappealable
                determination, based on clear and convincing evidence
                and in response to a complaint filed by another local
                exchange carrier, that--
                            ``(i) the incumbent local exchange carrier
                        has willfully and materially failed to comply
                        with the rules of the Commission with respect
                        to collocation or loop provisioning; and
                            ``(ii) such failure has caused material
                        harm to the complaining carrier's ability to
                        compete.
                    ``(B) Burden of proof.--The burden of proof in a
                complaint under subparagraph (A) shall be on the
                complainant.
            ``(3) Reinstatement.--
                    ``(A) In general.--An incumbent local exchange
                carrier to which subsections (c) and (e) have ceased to
                apply because of a determination by a State under
                paragraph (2) may petition the State for a
                reinstatement of the application of subsections (c) and
                (e) to such carrier.
                    ``(B) Determination.--If a State that makes a
                determination described in paragraph (2) subsequently
                makes a final determination that the carrier concerned
                has complied fully with the rule with which the carrier
was found, under paragraph (2), not to have complied, the application
of subsections (c) and (e) to the carrier shall be reinstated as of the
date of that subsequent final determination.
                    ``(C) Failure of state to act within 90 days.--For
                purposes of subparagraph (B), a State that fails to
                make a determination on a petition filed under
                subparagraph (A) within 90 days of the date of the
                filing of the petition shall be deemed to have made a
                determination that the carrier concerned is in full
                compliance with the rules of the Commission with
                respect to collocation or loop provisioning.
    ``(g) Definitions.--In this section:
            ``(1) Incumbent local exchange carrier.--The term
        `incumbent local exchange carrier' has the meaning given that
        term in section 251(h).
            ``(2) Customer premises.--The term `customer premises'
        means a customer's physical property and any adjacent
        easements.
            ``(3) Packet switching capability.--The term `packet
        switching capability' has the meaning given that term in
        section 51.319(c)(4) of title 47, Code of Federal Regulation,
        as that section is in effect as of June 1, 2001.
            ``(4) Remote terminal.--The term `remote terminal' means a
        point in a local exchange carrier's network, not including a
        central office, where the electronic capability to provide
        advanced service is deployed.
            ``(5) Advanced service.--The terms `advanced service' and
        `high-speed Internet access service' mean any service or
        combination of services that consists of, or includes, the
        offering of a capability to transmit information using a packet
        switched or successor technology downstream from a provider to
        a consumer at a generally rated speed of 364 or kilobits per
        second or higher.''.

SEC. 4. AMENDMENT.

    Section 251(c)(3) of the Communications Act of 1934 (47 U.S.C.
251(c)(3)) is amended by adding at the end the following: ``An
incumbent local exchange carrier shall not be required to convert to a
network element or combination of network elements any special access
circuit being provided on June 1, 2001.''.

SEC. 5. REGULATORY PARITY.

    (a) Identification of Disparate Regulatory Treatment of Advanced
Service.--Not later than 6 months after the date of the enactment of
this Act, the Federal Communications Commission shall identify in its
regulations any requirements or obligations that result in different or
disparate treatment among various types of providers of advanced
service and high-speed Internet access service or among different
technologies used to provide such service.
    (b) Termination of Applicability.--Not later than one year after
the date of the enactment of this Act, the Commission shall modify its
regulations in order to eliminate each difference and disparity in
treatment identified under subsection (a) unless the Commission
determines that such difference or disparity in treatment should
continue to apply in the public interest.
    (c) Biennial Review.--In every biennial review conducted pursuant
to section 11 of the Communications Act of 1934 (47 U.S.C. Sec. 161),
the Commission shall--
            (1) make a determination as to whether or not a difference
        or disparity in treatment, if any, that continues to apply
        under subsection (b), or under this subsection after subsequent
        review under this subsection, should continue to apply in the
        public interest; and
            (2) if the Commission determines that such difference or
        disparity in treatment should not continue to apply in the
        public interest, modify its regulations in order to eliminate
        such difference or disparity in treatment.
    (d) Advanced Service Defined.--In this section, the terms
``advanced service'' and ``high-speed Internet access service'' have
the meanings given those terms in section 262(h)(4) of the
Communications Act of 1934, as added by section 2 of this Act.

Output: Broadband Deployment and Competition Enhancement Act of 2001 - Amends the Communications Act of 1934 to prohibit subjecting an incumbent local exchange carrier (carrier) to common carrier regulation with respect to any optical fiber facility, or any technology of a similar facility, in the carrier's network that is used to provide service to residential customers and that is or was deployed where no outside telephone distribution plant previously existed, or from any structure or premise to a customer premise, if the facility is capable of providing advance service. Prohibits subjecting such a carrier to such regulation with respect to packet switching or successor technology or the resale of advanced service or high-speed Internet access service. Requires such carrier to provide: (1) collocation in its central offices with respect to equipment used in the provision of advanced service; and (2) advanced service to all of its customers in a State within five years after the enactment of this Act, making carriers that do not so comply subject to common carrier regulation thereafter.Prohibits requiring such a carrier to convert to a network element or combination of network elements any special access circuit being provided on June 1, 2001.Requires the Federal Communications Commission to identify in its regulations any requirements or obligations that result in different or disparate treatment among various types of providers of advanced service and high-speed Internet access service, or among different technologies used to provide such service.


Input:
SECTION 1. FLEXIBILITY FOR SCHOOLS.

    The Elementary and Secondary Education Act of 1965 (20 U.S.C. 2701
et seq.) is amended--
            (1) by redesignating sections 8001 through 8005 as 10001
        through 10005; and
            (2) by inserting after title VII the following:

      ``TITLE VIII--FLEXIBILITY TO IMPROVE EDUCATIONAL ACHIEVEMENT

``SEC. 8001. PURPOSE.

    ``It is the purpose of this title to allow States, local
educational agencies, and schools the flexibility to use and combine
Federal, State, and local funds as part of systemic educational reform
plans to improve the educational achievement of elementary and
secondary school students by waiving certain statutory and regulatory
requirements.

``SEC. 8002. PROGRAM AUTHORIZED.

    ``(a) Education Programs.--The Secretary of Education is authorized
to waive certain statutory and regulatory requirements (except as
provided in section 8004) for States that can demonstrate that such
waivers are part of a systemwide education reform plan and where such
States and local educational agencies have implemented similar waiver
plans.
    ``(b) Additional Programs.--Waivers may also be requested for
requirements regarding the following programs:
            ``(1) The Head Start Act.
            ``(2) The Runaway and Homeless Youth Act.
            ``(3) The Juvenile Justice and Delinquency Prevention Act.
            ``(4) The National School Lunch Act.
            ``(5) The School Breakfast Program.
            ``(6) The Child and Adult Care Food Program.
            ``(7) The Special School Milk Program.
            ``(8) The Summer Food Service Program.
            ``(9) The Community Services Block Grant Program.
``If such waivers are requested, the Secretary shall consult with the
heads of other appropriate Federal agencies, if any, in determining
whether to approve a project. The Secretary shall obtain the approval
of such agency head as part of final approval of such project.

``SEC. 8003. APPLICATIONS.

    ``(a) General Requirements.--A school, local educational agency, or
State that desires to receive a waiver under this title shall--
            ``(1) indicate which requirements are to be waived and how
        waiving such requirements is an integral part of the systemic
        reform plan and will improve educational achievement among
        students;
            ``(2) identify the Federal programs to be included in the
        project;
            ``(3) indicate which State and local requirements shall be
        waived;
            ``(4) describe specific, measurable educational improvement
        goals and expected outcomes;
            ``(5) describe methods to be used to measure progress
        toward meeting such goals;
            ``(6) describe the student population at proposed schools,
        including--
                    ``(A) current data regarding the achievement levels
                of students, particularly disadvantaged students;
                    ``(B) the number of students who--
                            ``(i) are of limited English proficiency,
                        as defined in section 7003(a)(1) of the
                        Bilingual Education Act;
                            ``(ii) are children with disabilities, as
                        defined in section 602(a)(1) of the Individuals
                        with Disabilities Act;
                            ``(iii) are currently or within the past 5
                        years were migratory;
                            ``(iv) are educationally deprived for the
                        purposes of chapter 1 of title I of this Act;
                        and
                            ``(v) are eligible for a free or reduced-
                        price lunch.
    ``(b) Additional Requirements.--The Secretary of Education may
include additional requirements as may reasonably be required.
    ``(c) Individual School Applications.--A local school that desires
to receive a waiver under this title shall submit an application to the
local education agency, which shall submit such application to the
State education agency.
    ``(d) Local Applications.--(1) A local educational agency that
desires to receive a waiver under this title shall submit an
application to the State educational agency.
    ``(2) A State educational agency that approves an application
submitted by a local education agency shall forward such application to
the Secretary of Education for consideration, unless such application
requires waivers for programs other than education programs.
    ``(3) An application that requests a waiver for a program other
than an education program shall be submitted to the chief executive of
the State and such executive shall forward such application to the
Secretary.
    ``(e) State Applications.--(1) A State educational agency that
desires to receive a waiver under this title shall submit an
application to the Secretary for consideration, unless such application
requires waivers for other than education programs.
    ``(2) Such application shall be submitted to the chief executive of
the State for review before forwarding such application to the
Secretary.

``SEC. 8004. WAIVER RESTRICTIONS.

    ``Requirements which shall not be waived include--
            ``(1) requirements governing fund allocations;
            ``(2) requirements governing privacy of pupil records;
            ``(3) requirements under title VI of the Civil Rights Act
        of 1964;
            ``(4) provisions of section 504 of the Rehabilitation Act
        of 1973;
            ``(5) provisions of title II of the Americans with
        Disabilities Education Act;
            ``(6) requirements of title IX of the Education Amendments
        of 1972;
            ``(7) requirements governing pupil rights under the
        Individuals with Disabilities Act; and
            ``(8) requirements governing--
                    ``(A) maintenance of effort;
                    ``(B) comparability; or
                    ``(C) the equitable participation of students
                attending private schools.

``SEC. 8005. EVALUATIONS AND TECHNICAL ASSISTANCE.

    ``(a) Local Evaluation.--Three years after a waiver is given to a
local educational agency, the Secretary of Education shall evaluate the
effectiveness of such waiver in achieving education reform and raising
student achievement.
    ``(b) Technical Assistance.--If the Secretary determines that
progress in achieving educational reform is not satisfactory, the
Secretary may provide technical assistance to a local educational
agency.
    ``(c) Termination.--If the Secretary determines that the technical
assistance does not improve educational reform efforts, the Secretary
may terminate any waivers previously granted.
    ``(d) National Evaluation.--Five years after the flexibility
program is implemented and at the end of every succeeding five-year
period, the Secretary shall evaluate the effectiveness of the
flexibility program nationwide. The findings of such evaluation shall
be submitted to the Congress not later than 120 days after such
evaluation is completed.

``SEC. 8006. REPORTS.

    ``(a) Local Reports.--A local educational agency or school that
participates in a flexibility project under this title shall submit an
annual report to the State educational agency that--
            ``(1) describes project activities;
            ``(2) evaluates the progress in achieving the goals stated
        in the application; and
            ``(3) evaluates the effectiveness of coordinating services
        for students and their families.
    ``(b) State Reports.--A State that participates in a flexibility
project under this title shall submit an annual report to the Secretary
of Education which evaluates the progress in achieving goals stated in
the application.
    ``(c) Secretary Reports.--The Secretary of Education shall submit
to the Congress a biennial report regarding the national progress of
flexibility programs and the effect of such programs on educational
reform.''.

Output:
Amends the Elementary and Secondary Education Act of 1965 to authorize the Secretary of Education to waive certain Federal statutory and regulatory requirements, with specified exceptions, for States, local educational agencies, and schools as part of systemic educational reform and efforts to meet the national education goals for all children.  Allows additional waivers for specified related programs, with the approval of the appropriate Federal agency.
Sets forth requirements for waiver applications, restrictions, evaluations, technical assistance, and reports.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Truth in Tuna Labeling Act of
2003''.

SEC. 2. FINDINGS.

    Congress finds that:
            (1) Consumers have the right to know whether the tuna that
        they purchase was caught using technologies that kill, harass,
        adversely impact, or endanger dolphins, porpoises, and whales.
            (2) The provisions of the Dolphin Protection Consumer
        Information Act that require ``dolphin safe'' labeling have
        served as an incentive to reduce dolphin mortalities.
            (3) According to the Annual Report of the Marine Mammal
        Commission and the Inter-American Tropical Tuna Commission,
        dolphin mortality has decreased from more than 100,000 dolphin
        kills each year to fewer than 2,000 kills each year since the
        passage of the ``dolphin safe'' label requirements in 1990.
            (4) In 1997, Congress began to erode the ``dolphin safe''
        label, creating exceptions that permit purse seine netting in
        the Eastern Tropical Pacific and other destructive fishing
        practices to be used during tuna fishing. On December 31, 2002,
        the Secretary of Commerce decided to permit tuna caught using
        these destructive practices to be labeled ``dolphin safe'', a
        decision that will blatantly mislead the American public. The
        Secretary's decision will result in an estimated 20,000 to
        40,000 dolphin deaths each year.

SEC. 3. AMENDMENTS TO THE DOLPHIN PROTECTION CONSUMER INFORMATION ACT.

    The Dolphin Protection Consumer Information Act (16 U.S.C. 1385) is
amended--
            (1) by striking subsections (d) through (h); and
            (2) by inserting the following:
    ``(d) Labeling Standard.--It is a violation of section 5 of the
Federal Trade Commission Act (15 U.S.C. 45) for any producer, importer,
exporter, distributor, or seller of any tuna product that is exported
from or offered for sale in the United States to include on the label
of that product the term `Dolphin Safe' or any other term or symbol
that claims or suggests that the tuna contained in the product was
harvested using a method of fishing that is not harmful to dolphins if
the tuna product contains tuna harvested--
            ``(1) on the high seas by a vessel engaged in driftnet
        fishing;
            ``(2) outside the eastern tropical Pacific Ocean by a
        vessel using purse seine nets--
                    ``(A) in a fishery in which the Secretary has
                determined that a regular and significant association
                occurs between dolphins and tuna (similar to the
                association between dolphins and tuna in the eastern
                tropical Pacific Ocean), unless such product is
                accompanied by a written statement, executed by the
                captain of the vessel and an observer participating in
                a national or international program acceptable to the
                Secretary, certifying that no purse seine net was
                intentionally deployed on dolphins or used to encircle
                dolphins and that no dolphins were intentionally chased
                or harassed during the particular voyage on which the
                tuna were caught and no dolphins were killed or
                seriously injured in the sets in which the tuna were
                caught; or
                    ``(B) in any other fishery (other than a fishery
                described in paragraph (3)) unless the product is
                accompanied by a written statement executed by the
                captain of the vessel certifying that no purse seine
                net was intentionally deployed on or used to encircle
                dolphins during the particular voyage on which the tuna
                was harvested;
            ``(3) by a vessel in a fishery other than one described in
        paragraph (1), (2) or (4) that is identified by the Secretary
        as having a regular and significant mortality or serious injury
        of dolphins, unless such product is accompanied by a written
        statement executed by the captain of the vessel and an observer
        participating in a national or international program acceptable
        to the Secretary that no dolphins were killed or seriously
        injured in the sets or other gear deployments in which the tuna
        were caught, provided that the Secretary determines that such
        an observer statement is necessary; or
            ``(4) except as provided in subsection (e), in the eastern
        tropical Pacific Ocean by a vessel using purse seine nets.
    ``(e) Special Requirements.--A tuna product that contains tuna
harvested in the eastern tropical Pacific Ocean by a fishing vessel
using purse seine nets may include on the label of that product the
term `Dolphin Safe' or other term or symbol that claims or suggests
that the tuna contained in the product was harvested using a method of
fishing that is not harmful to dolphins if--
            ``(1) the vessel that harvested the tuna is of a type and
        size that the Secretary has determined is not capable of
        deploying its purse seine nets on dolphins or to encircle
        dolphins; or
            ``(2) the tuna product is accompanied by a written
        statement--
                    ``(A)(i) executed by the captain of the vessel
                which harvested the tuna certifying that no tuna were
                caught on the trip in which such tuna were harvested
                using a purse seine net intentionally deployed on
                dolphins or to encircle dolphins, that no dolphins were
                intentionally chased or harassed in connection with the
                trip, and that no dolphins were killed or seriously
                injured during the sets in which the tuna were caught;
                or
                    ``(ii) which states that an approved observer was
                on board the vessel during the entire trip in which
                such tuna were harvested and that purse seine nets were
                not intentionally deployed on dolphins or to encircle
                dolphins, that no dolphins were intentionally chased or
                harassed in connection with the trip, and that no
                dolphins were killed or seriously injured during the
                sets in which the tuna were caught and that is executed
                by--
                            ``(I) the Secretary;
                            ``(II) a representative of the Inter-
                        American Tropical Tuna Commission; or
                            ``(III) an authorized representative of a
                        country that is a signatory to the Agreement on
                        the International Dolphin Conservation Program,
                        done at Washington May 21, 1998, whose observer
                        program has been approved by the Inter-American
                        Tropical Tuna Commission or the Secretary; and
                    ``(B) that is endorsed in writing by each exporter,
                importer, and processor of the tuna product.''.

SEC. 4. EFFECTIVE DATE.

    The amendments made by section 3 shall take effect on December 30,
2002.

Output: Truth in Tuna Labeling Act of 2003 - Amends the Dolphin Protection Consumer Information Act to declare that a tuna product labeled "dolphin safe" violates the Federal Trade Commission Act unless it is accompanied by a certificate stating that no dolphins were intentionally chased or harassed during the particular voyage on which the tuna were caught using purse seine nets.Applies this mandate to tuna products harvested either outside or inside the eastern tropical Pacific Ocean.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Setting Aside for a Valuable
Education (SAVE) Act''.

SEC. 2. EXCLUSION FROM GROSS INCOME OF EDUCATION DISTRIBUTIONS FROM
              QUALIFIED STATE TUITION PROGRAMS.

    (a) In General.--Subparagraph (B) of section 529(c)(3) of the
Internal Revenue Code of 1986 (relating to distributions) is amended to
read as follows:
                    ``(B) Distributions for qualified higher education
                expenses.--For purposes of this paragraph--
                            ``(i) In-kind distributions.--No amount
                        shall be includible in gross income under
                        subparagraph (A) by reason of a distribution
                        which consists of providing a benefit to the
                        distributee which, if paid for by the
                        distributee, would constitute payment of a
                        qualified higher education expense.
                            ``(ii) Cash distributions.--In the case of
                        distributions not described in clause (i), if--
                                    ``(I) such distributions do not
                                exceed the qualified higher education
                                expenses (reduced by expenses described
                                in clause (i)), no amount shall be
                                includible in gross income, and
                                    ``(II) in any other case, the
                                amount otherwise includible in gross
                                income shall be reduced by an amount
                                which bears the same ratio to such
                                amount as such expenses bear to such
                                distributions.
                            ``(iii) Exception for institutional
                        programs.--In the case of any taxable year
                        beginning before January 1, 2004, clauses (i)
                        and (ii) shall not apply with respect to any
                        distribution during such taxable year under a
                        qualified State tuition program established and
                        maintained by 1 or more eligible educational
                        institutions.
                            ``(iv) Treatment as distributions.--Any
                        benefit furnished to a designated beneficiary
                        under a qualified State tuition program shall
                        be treated as a distribution to the beneficiary
                        for purposes of this paragraph.
                            ``(v) Coordination with hope and lifetime
                        learning credits.--The total amount of
                        qualified higher education expenses with
                        respect to an individual for the taxable year
                        shall be reduced--
                                    ``(I) as provided in section
                                25A(g)(2), and
                                    ``(II) by the amount of such
                                expenses which were taken into account
                                in determining the credit allowed to
                                the taxpayer or any other person under
                                section 25A.
                            ``(vi) Coordination with education savings
                        accounts.--If, with respect to an individual
                        for any taxable year--
                                    ``(I) the aggregate distributions
                                to which clauses (i) and (ii) and
                                section 530(d)(2)(A) apply, exceed
                                    ``(II) the total amount of
                                qualified higher education expenses
                                otherwise taken into account under
                                clauses (i) and (ii) (after the
                                application of clause (iv)) for such
                                year,
                        the taxpayer shall allocate such expenses among
                        such distributions for purposes of determining
                        the amount of the exclusion under clauses (i)
                        and (ii) and section 530(d)(2)(A).''.
    (b) Conforming Amendments.--
            (1) Section 135(d)(2)(B) of the Internal Revenue Code of
        1986 is amended by striking ``section 530(d)(2)'' and inserting
        ``sections 529(c)(3)(B)(i) and 530(d)(2)''.
            (2) Section 221(e)(2)(A) of such Code is amended by
        inserting ``529,'' after ``135,''.
    (c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2000.

SEC. 3. ELIGIBLE EDUCATIONAL INSTITUTIONS PERMITTED TO MAINTAIN
              QUALIFIED TUITION PROGRAMS.

    (a) In General.--Section 529(b)(1) of the Internal Revenue Code of
1986 (defining qualified State tuition program) is amended by inserting
``or by 1 or more eligible educational institutions'' after
``maintained by a State or agency or instrumentality thereof''.
    (b) Private Qualified Tuition Programs Limited to Benefit Plans.--
Clause (ii) of section 529(b)(1)(A) of the Internal Revenue Code of
1986 is amended by inserting ``in the case of a program established and
maintained by a State or agency or instrumentality thereof,'' before
``may make''.
    (c) Additional Requirements for Certain Private Qualified Tuition
Programs.--Section 529(b) of the Internal Revenue Code of 1986 is
amended by adding at the end the following new paragraph:
            ``(8) Additional requirements for certain private qualified
        tuition programs.--A program established and maintained by 1 or
        more eligible educational institutions and described in
        paragraph (1)(A)(ii) shall not be treated as a qualified
        tuition program unless--
                    ``(A) under such program a trust is created or
                organized for the sole purpose of paying the qualified
                higher education expenses of the designated beneficiary
                of the account,
                    ``(B) the written governing instrument creating the
                trust of which the account is a part provides
                safeguards to ensure that contributions made on behalf
                of a designated beneficiary remain available to provide
                for the qualified higher education expenses of the
                designated beneficiary, and
                    ``(C) the trust meets the following requirements:
                            ``(i) Any trustee or person who may under
                        contract operate or manage the trust
                        demonstrates to the satisfaction of the
                        Secretary that the manner in which that trustee
                        or person will administer the trust will be
                        consistent with the requirements of this
                        section.
                            ``(ii) The assets of the trust are not
                        commingled with other property except in a
                        common trust fund or common investment fund.
                            ``(iii) The trust annually prepares and
                        makes available the reports and accountings
                        required by this section. The annual report, at
                        a minimum, includes information on the
                        financial condition of the trust and the
                        investment policy of the trust.
                            ``(iv) Before entering into contracts or
                        otherwise accepting contributions on behalf of
                        a designated beneficiary, the trust obtains an
                        appropriate actuarial report to establish,
                        maintain, and certify that the trust shall have
                        sufficient assets to defray the obligations of
                        the trust and annually makes the actuarial
                        report available to account contributors and
                        designated beneficiaries.
                            ``(v) The trust secures a favorable ruling
                        or opinion issued by the Internal Revenue
                        Service that the trust is in compliance with
                        the requirements of this section.
                            ``(vi) Before entering into contracts or
                        otherwise accepting contributions on behalf of
                        a designated beneficiary, the trust solicits
                        answers to appropriate ruling requests from the
                        Securities and Exchange Commission regarding
                        the application of Federal securities laws to
                        the trust.''.
    (d) Application of Federal Securities Laws to Private Qualified
Tuition Programs.--Section 529(e) of the Internal Revenue Code of 1986
(relating to other definitions and special rules) is amended by adding
at the end the following new paragraph:
            ``(6) Application of federal securities laws to private
        qualified tuition programs.--Nothing in this section shall be
        construed to exempt any qualified tuition program that is not
        established and maintained by a State or agency or
        instrumentality thereof from any of the requirements of the
        Securities Act of 1933 (15 U.S.C 77a et seq.) or the Investment
        Company Act of 1940 (15 U.S.C 80a-1 et seq.).''.
    (e) Conforming Amendments.--
            (1) Sections 72(e)(9), 135(c)(2)(C), 135(d)(1)(D), 529,
        530(b)(2)(B), 4973(e), and 6693(a)(2)(C) of the Internal
        Revenue Code of 1986 are each amended by striking ``qualified
        State tuition'' each place it appears and inserting ``qualified
        tuition''.
            (2) The headings for sections 72(e)(9) and 135(c)(2)(C) of
        such Code are each amended by striking ``qualified state
        tuition'' and inserting ``qualified tuition''.
            (3) The headings for sections 529(b) and 530(b)(2)(B) of
        such Code are each amended by striking ``Qualified state
        tuition'' and inserting ``Qualified tuition''.
            (4) The heading for section 529 of such Code is amended by
        striking ``state''.
            (5) The item relating to section 529 of such Code in the
        table of sections for part VIII of subchapter F of chapter 1 is
        amended by striking ``State''.
    (f) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2000.

SEC. 4. OTHER MODIFICATIONS TO QUALIFIED TUITION PROGRAMS.

    (a) Rollover to Different Program for Benefit of Same Designated
Beneficiary.--Section 529(c)(3)(C) of the Internal Revenue Code of 1986
(relating to change in beneficiaries) is amended--
            (1) by striking ``transferred to the credit'' in clause (i)
        and inserting ``transferred--
                                    ``(I) to another qualified tuition
                                program for the benefit of the
                                designated beneficiary, or
                                    ``(II) to the credit'',
            (2) by adding at the end the following new clause:
                            ``(iii) Limitation on certain rollovers.--
                        Clause (i)(I) shall only apply to 1 transfer
                        with respect to a designated beneficiary in any
                        year.'', and
            (3) by inserting ``or programs'' after ``beneficiaries'' in
        the heading.
    (b) Member of Family Includes First Cousin.--Section 529(e)(2) of
the Internal Revenue Code of 1986 (defining member of family) is
amended by striking ``and'' at the end of subparagraph (B), by striking
the period at the end of subparagraph (C) and by inserting ``; and'',
and by adding at the end the following new subparagraph:
                    ``(D) any first cousin of such beneficiary.''.
    (c) Adjustment of Limitation on Room and Board Distributions.--
Section 529(e)(3)(B)(ii) of the Internal Revenue Code of 1986 is
amended to read as follows:
                            ``(ii) Limitation.--The amount treated as
                        qualified higher education expenses by reason
                        of clause (i) shall not exceed the greater of--
                                    ``(I) the amount (applicable to the
                                student) included for room and board
                                for such period in the cost of
                                attendance (as defined in section 472
                                of the Higher Education Act of 1965 (20
                                U.S.C. 1087ll), as in effect on the
                                date of the enactment of the Setting
                                Aside for a Valuable Education (SAVE)
                                Act) for the eligible educational
                                institution for such period, or
                                    ``(II) the actual invoice amount
                                the student residing in housing owned
                                or operated by the eligible educational
                                institution is charged by such
                                institution for room and board costs
                                for such period.''.
    (d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2000.

Output: Setting Aside for a Valuable Education (SAVE) Act - Amends the Internal Revenue Code to: (1) permit private higher educational institutions, in addition to currently permitted State institutions, to establish qualified tuition programs; (2) exclude from gross income program distributions used for qualified higher education expenses; (3) permit an annual rollover to a different tuition program on behalf of the same beneficiary; (4) include first cousins as a qualifying family member; and (5) revise the room and board limitation.


Input:
SECTION 1. TEACHERS PROFESSIONAL DEVELOPMENT INSTITUTES.

    (a) In General.--Part A of title II of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6601 et seq.) is amended by adding at
the end the following:

       ``Subpart 6--Teachers Professional Development Institutes

``SEC. 2161. SHORT TITLE.

    ``This subpart may be cited as the `Teachers Professional
Development Institutes Act'.

``SEC. 2162. FINDINGS AND PURPOSE.

    ``(a) Findings.--Congress makes the following findings:
            ``(1) Teaching is central to the educational process and
        the ongoing professional development of teachers in the
        subjects they teach is essential for improved student learning.
            ``(2) Attaining the goal of the No Child Left Behind Act of
        2001 (Public Law 107-110)--having a classroom teacher who is
        highly effective in every academic subject the teacher
        teaches--will require innovative approaches to improve the
        effectiveness of teachers in the classroom.
            ``(3) The Teachers Institute Model focuses on the
        continuing academic preparation of schoolteachers and the
        application of what the teachers study to their classrooms and
        potentially to the classrooms of other teachers.
            ``(4) The Teachers Institute Model was developed initially
        by the Yale-New Haven Teachers Institute and has successfully
        operated in New Haven, Connecticut, for more than 30 years.
            ``(5) The Teachers Institute Model has also been
        successfully implemented in cities larger than New Haven.
            ``(6) In the spring of 2009, a report entitled `An
        Evaluation of Teachers Institute Experiences' concluded that--
                    ``(A) Teachers Institutes enhance precisely those
                teacher qualities known to improve student achievement;
                    ``(B) Teachers Institutes exemplify the crucial
                characteristics of high-quality teacher professional
                development; and
                    ``(C) Teachers Institute participation is strongly
                related to teacher retention in high-poverty schools.
    ``(b) Purpose.--The purpose of this subpart is to provide Federal
assistance to support the establishment and operation of Teachers
Institutes for local educational agencies that serve significant low-
income student populations in States throughout the Nation, in order
to--
            ``(1) improve student learning; and
            ``(2) enhance the quality and effectiveness of teaching and
        strengthen the subject matter mastery and the pedagogical
        skills of current teachers through continuing teacher
        preparation.

``SEC. 2163. DEFINITIONS.

    ``In this subpart:
            ``(1) Significant low-income student population.--The term
        `significant low-income student population' means a student
        population of which not less than 40 percent of the students
        included are eligible for free or reduced-price lunches under
        the Richard B. Russell National School Lunch Act.
            ``(2) Teachers institute.--The term `Teachers Institute'
        means a partnership or joint venture--
                    ``(A) between or among--
                            ``(i) 1 or more institutions of higher
                        education; and
                            ``(ii) 1 or more local educational agencies
                        that serve 1 or more schools with significant
                        low-income student populations; and
                    ``(B) that improves the effectiveness of teachers
                in the classroom, and the quality of teaching and
                learning, through collaborative seminars designed to
                enhance both the subject matter and the pedagogical
                resources of the seminar participants.

``SEC. 2164. PROGRAM AUTHORIZED.

    ``(a) In General.--The Secretary is authorized to award grants
under this subpart in order to encourage the establishment and
operation of Teachers Institutes.
    ``(b) Technical Assistance.--The Secretary may reserve not more
than 50 percent of the funds appropriated to carry out this subpart to
provide technical assistance to facilitate the establishment and
operation of Teachers Institutes. The Secretary may contract with the
Yale-New Haven Teachers Institute to provide all or part of the
technical assistance under this subsection.
    ``(c) Selection Criteria.--In selecting Teachers Institutes to
support through grants under this subpart, the Secretary shall
consider--
            ``(1) the extent to which a proposed Teachers Institute
        will serve schools that have significant low-income student
        populations;
            ``(2) the extent to which a proposed Teachers Institute
        will follow the understandings and necessary procedures
        described in section 2166;
            ``(3) the extent to which each local educational agency
        participating in the Teachers Institute has a high percentage
        of teachers who are unprepared or underprepared to teach the
        core academic subjects the teachers are assigned to teach; and
            ``(4) the extent to which a proposed Teachers Institute
        will receive a level of support from the community and other
        sources that will ensure the requisite long-term commitment for
        the success of a Teachers Institute.
    ``(d) Consultation.--
            ``(1) In general.--In evaluating applications using the
        criteria under subsection (c), the Secretary may request the
        advice and assistance of the Yale-New Haven Teachers Institute
        or other Teachers Institutes.
            ``(2) State agencies.--If the Secretary receives 2 or more
        applications for grants under this subpart from local
        educational agencies within the same State, the Secretary shall
        consult with the State educational agency regarding the
        applications.
    ``(e) Fiscal Agent.--The fiscal agent for the receipt of grant
funds under this subpart shall be an institution of higher education
participating in the partnership or joint venture, as described in
section 2163(2)(A), that is establishing or operating the Teachers
Institute.
    ``(f) Limitations.--A grant under this subpart--
            ``(1) shall provide grant funds for a period of not more
        than 5 years; and
            ``(2) shall be in an amount that is not more than 50
        percent of the total costs of the eligible activities supported
        under the grant, as determined by the Secretary.

``SEC. 2165. ELIGIBLE ACTIVITIES.

    ``Grant funds under this subpart may be used--
            ``(1) for the planning, development, establishment, and
        operation of a Teachers Institute;
            ``(2) for additional assistance to an established Teachers
        Institute for its further development and for its support of
        the planning, development, establishment, and operation of a
        Teachers Institute under paragraph (1);
            ``(3) for the salary and necessary expenses of a full-time
        director for a Teachers Institute to plan and manage the
        Teachers Institute and to act as a liaison between all local
        educational agencies and institutions of higher education
        participating in the Teachers Institute;
            ``(4) to provide suitable office space, staff, equipment,
        and supplies, and to pay other operating expenses, for the
        Teachers Institute;
            ``(5) to provide a stipend for teachers participating in
        the collaborative seminars conducted by the Institute in the
        sciences and humanities and to provide remuneration for members
        of the faculty of the participating institution of higher
        education leading the seminars; and
            ``(6) to provide for the dissemination, through print and
        electronic means, of curriculum units prepared in the seminars
        conducted by the Teachers Institute.

``SEC. 2166. UNDERSTANDINGS AND PROCEDURES.

    ``A grantee receiving a grant under this subpart shall abide by the
following understandings and procedures:
            ``(1) Partnership.--The essential relationship of a
        Teachers Institute is a partnership between a local educational
        agency and an institution of higher education. A grantee shall
        demonstrate a long-term commitment on behalf of the
        participating local educational agency and institution of
        higher education to the support, including the financial
        support, of the work of the Teachers Institute.
            ``(2) Seminars.--A Teachers Institute sponsors seminars led
        by faculty of the institution of higher education partner and
        attended by teachers from the local educational agency partner.
        A grantee shall provide participating teachers the ability to
        play an essential role in planning, organizing, conducting, and
        evaluating the seminars and in encouraging the future
        participation of other teachers.
            ``(3) Curriculum unit.--A seminar described in paragraph
        (2) uses a collaborative process, in a collegial environment,
        to develop a curriculum unit for use by participating teachers
        that sets forth the subject matter to be presented and the
        pedagogical strategies to be employed. A grantee shall enable
        participating teachers to develop a curriculum unit, based on
        the subject matter presented, for use in the teachers'
        classrooms.
            ``(4) Eligibility and remuneration.--Seminars are open to
        all partnership teachers with teaching assignments relevant to
        the seminar topics. Seminar leaders receive remuneration for
        their work and participating teachers receive an honorarium or
        stipend upon the successful completion of the seminar. A
        grantee shall provide seminar leaders and participating
        teachers with remuneration to allow them to participate in the
        Teachers Institute.
            ``(5) Direction.--The operations of a Teachers Institute
        are managed by a full-time director who reports to both
        partners but is accountable to the institution of higher
        education partner. A grantee shall appoint a director to manage
        and coordinate the work of the Teachers Institute.
            ``(6) Evaluation.--A grantee shall annually review the
        activities of the Teachers Institute and disseminate the
        results to members of the Teachers Institute's partnership
        community.

``SEC. 2167. APPLICATION, APPROVAL, AND AGREEMENT.

    ``(a) In General.--To receive a grant under this subpart, a
Teachers Institute, or a partnership or joint venture described in
section 2163(2)(A) that is proposing to establish a Teachers Institute,
shall submit an application to the Secretary that--
            ``(1) meets the requirement of this subpart and any
        regulations under this subpart;
            ``(2) includes a description of how the applicant intends
        to use funds provided under the grant;
            ``(3) includes such information as the Secretary may
        require to apply the criteria described in section 2164(c);
            ``(4) includes measurable objectives for the use of the
        funds provided under the grant; and
            ``(5) contains such other information and assurances as the
        Secretary may require.
    ``(b) Approval.--The Secretary shall--
            ``(1) promptly evaluate an application received for a grant
        under this subpart; and
            ``(2) notify the applicant, within 90 days of the receipt
        of a completed application, of the Secretary's determination.
    ``(c) Agreement.--Upon approval of an application, the Secretary
and the applicant shall enter into a comprehensive agreement covering
the entire period of the grant.

``SEC. 2168. REPORTS AND EVALUATIONS.

    ``(a) Report.--Each grantee under this subpart shall report
annually to the Secretary on the progress of the Teachers Institute in
achieving the purpose of this subpart.
    ``(b) Evaluation and Dissemination.--The Secretary shall evaluate
the activities funded under this subpart and submit an annual report
regarding the activities assisted under this subpart to the Committee
on Health, Education, Labor, and Pensions of the Senate and the
Committee on Education and Labor of the House of Representatives. The
Secretary shall broadly disseminate successful practices developed by
Teachers Institutes.
    ``(c) Revocation.--If the Secretary determines that a grantee is
not making substantial progress in meeting the purposes of the grant by
the end of the second year of the grant under this subpart, the
Secretary may take appropriate action, including revocation of further
payments under the grant, to ensure that the funds available under this
subpart are used in the most effective manner.

``SEC. 2169. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated for grants (including
planning grants) and technical assistance under this subpart--
            ``(1) $4,000,000 for fiscal year 2011;
            ``(2) $5,000,000 for fiscal year 2012;
            ``(3) $6,000,000 for fiscal year 2013;
            ``(4) $7,000,000 for fiscal year 2014; and
            ``(5) $8,000,000 for fiscal year 2015.''.
    (b) Table of Contents.--The table of contents of the Elementary and
Secondary Education Act of 1965 is amended by inserting after the item
relating to section 2151 the following:

       ``subpart 6--teachers professional development institutes

``Sec. 2161. Short title.
``Sec. 2162. Findings and purpose.
``Sec. 2163. Definitions.
``Sec. 2164. Program authorized.
``Sec. 2165. Eligible activities.
``Sec. 2166. Understandings and procedures.
``Sec. 2167. Application, approval, and agreement.
``Sec. 2168. Reports and evaluations.''.

Output:
Amends the Elementary and Secondary Education Act of 1965 to authorize the Secretary of Education to: (1) award grants to encourage the establishment and operation of Teachers Institutes; and (2) provide technical assistance, all or some of which may be provided through the Yale-New Haven Teachers Institute, to assist local educational agencies (LEAs) and institutions of higher education (IHEs) in establishing and operating Teachers Institutes.

 Sets forth selection criteria, including consideration of the extent to which the proposed Institute will serve schools that have a significant low-income population.

Defines a Teachers Institute as a partnership or joint venture between one or more IHEs and one or more LEAs serving one or more schools with significant low-income populations that is established to improve the quality of teaching and learning through collaborative seminars.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``International Statistical
Information and Analysis Act of 1993''.

SEC. 2. FINDINGS.

    The Congress finds as follows:
            (1) Both the public and private sectors in the United
        States would benefit from the collection, analysis, and
        dissemination of reliable statistical information about the
        independent states of the former Soviet Union and the Baltic
        states.
            (2) Statistical information about the independent states of
        the former Soviet Union and the Baltic states can be used in
        policy development on issues ranging from domestic and foreign
        trade to international population growth, health, and the
        environment. United States Government statistical agencies
        could use data collected in the independent states and the
        Baltic states to develop statistical comparisons between the
        United States and the rest of the world.
            (3) Reliable economic statistical information can also
        assist United States businesses in identifying trade and
        investment opportunities in the independent states of the
        former Soviet Union and the Baltic states.
            (4) Reliable information is needed about economic
        performance at both the macro and micro-economic levels as the
        independent states of the former Soviet Union and the Baltic
        states make the transition from a centrally planned economy to
        a free market economy.
            (5) Reliable economic statistical information is especially
        important in evaluating the effectiveness of assistance
        provided to the independent states of the former Soviet Union
        and the Baltic states by the United States Government, by
        nongovernmental organizations, and by international financial
        institutions.
            (6) Such evaluations would be facilitated by annual
        reports, prepared by the Secretary of Commerce with the
        assistance of United States Government statistical agencies,
        assessing the progress being made by the independent states of
        the former Soviet Union and the Baltic states in establishing a
        free market economy.
            (7) United States Government statistical agencies (such as
        the Bureau of the Census of the Department of Commerce, the
        Bureau of Labor Statistics of the Department of Labor, the
        Bureau of Economic Analysis of the Department of Commerce, and
        the National Agricultural Statistics Service of the Department
        of Agriculture) have been involved in providing statistical
        assistance to foreign countries for more than 40 years.
            (8) United States Government statistical agencies have set
        the standard for modern statistical methodology used throughout
        the world.
            (9) United States Government statistical agencies have the
        personnel, facilities, expertise, and other resources to
        provide training and other technical assistance to the
        independent states of the former Soviet Union and the Baltic
        states with respect to the collection, analysis, and
        dissemination of economic statistical data. In addition, to the
        extent that the independent states or Baltic states use non-
        standard collection methods, United States Government
        statistical agencies have the ablility to reconcile discrepant
        data, thereby increasing its usefulness.

SEC. 3. ECONOMIC STATISTICAL ANALYSIS REGARDING INDEPENDENT STATES OF
              THE FORMER SOVIET UNION AND BALTIC STATES.

    (a) Amendment to Title 13.--Title 13 of the United States Code is
amended by adding at the end the following:

   ``CHAPTER 11--ECONOMIC STATISTICAL ANALYSIS REGARDING INDEPENDENT
          STATES OF THE FORMER SOVIET UNION AND BALTIC STATES

``Sec.
``501. Preparation and publication of analysis.
``502. Definitions.
``Sec. 501. Preparation and publication of analysis
    ``(a) The Secretary shall prepare and submit to the Congress each
year a report analyzing the progress being made by the the independent
states of the former Soviet Union and the Baltic states in establishing
a free market economy.
    ``(b) In preparing the reports required by subsection (a), the
Secretary shall draw upon the information collected and the analysis
performed under the auspices of the International Statistical
Assistance Coordinating Committee established pursuant to section 4 of
the International Statistical Information and Analysis Coordination Act
of 1993.
    ``(c) The first report pursuant to subsection (a) shall be
submitted as soon as reliable economic statistical information is
available about the independent states of the former Soviet Union and
the Baltic states, but not later than 5 years after the date of
enactment of this chapter.
``Sec. 502. Definitions
    ``As used in this chapter--
            ``(1) the term `independent states of the former Soviet
        Union' means Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan,
        Kyrgyzstan, Moldova, Russia, Tajikistan, Turkmenistan, Ukraine,
        and Uzbekistan; and
            ``(2) the term `Baltic states' means Estonia, Latvia, and
        Lithuania.''.
    (b) Amendment to Table of Chapters.--The table of chapters at the
beginning of title 13, United States Code, is amended by adding at the
end the following new item:

``11. Economic statistical analysis regarding independent        501''.
                            states of the former Soviet
                            Union and Baltic states.

SEC. 4. INTERNATIONAL STATISTICAL ASSISTANCE COORDINATING COMMITTEE.

    (a) Establishment and Membership.--The President shall establish an
interagency committee to be known as the ``International Statistical
Assistance Coordinating Committee'' (hereinafter in this Act referred
to as the ``Coordinating Committee''). The Coordinating Committee shall
consist of a representative of each of the following:
            (1) The Office of Management and Budget.
            (2) The Bureau of the Census of the Department of Commerce.
            (3) The Bureau of Labor Statistics of the Department of
        Labor.
            (4) The Bureau of Economic Analysis of the Department of
        Commerce.
            (5) The National Agricultural Statistics Service of the
        Department of Agriculture.
            (6) The Agency for International Development.
    (b) Functions.--Consistent with section 104(a) of the Freedom for
Russia and Emerging Eurasian Democracies and Open Markets Support Act
of 1992 (relating to Department of State coordination of assistance to
the independent states of the former Soviet Union), the Coordinating
Committee--
            (1) shall determine priorities for providing training and
        other technical assistance to develop capabilities to monitor
        economic performance in the independent states of the former
        Soviet Union and the Baltic states through the collection,
        analysis, and dissemination of economic statistical data;
            (2) shall use the expertise of its constituent agencies in
        providing such assistance;
            (3) shall be responsible for coordinating such assistance
        with comparable assistance provided or coordinated by
        international or multilateral organizations or agencies; and
            (4) shall provide for the analysis by its constituent
        agencies of economic statistical data regarding the independent
        states of the former Soviet Union and the Baltic states and for
        the dissemination of such analysis to United States businesses
        and other interested parties, including dissemination through
        the annual report required by section 501 of title 13, United
        States Code.
    (c) Annual Reports.--The Coordinating Committee shall prepare an
annual report describing the assistance provided through the
Coordinating Committee pursuant to this section. Such report shall be
submitted to the Congress as part of the annual congressional
presentation materials on international economic assistance.

SEC. 5. UNITED STATES ASSISTANCE TO IMPROVE MONITORING OF ECONOMIC
              PERFORMANCE IN INDEPENDENT STATES OF THE FORMER SOVIET
              UNION AND BALTIC STATES.

    (a) Statistical Capability Assistance.--United States assistance
that is provided to encourage the development of a free-market economic
system in the independent states of the former Soviet Union and the
Baltic states shall include training and other technical assistance to
develop capabilities to monitor economic performance in those republics
and states through the collection, analysis, and dissemination of
economic statistical data.
    (b) International Statistical Assistance Coordinating Committee.--
The assistance required by subsection (a) shall be coordinated through
the Coordinating Committee and shall otherwise be provided in
accordance with section 4(b).
    (c) Funding.--It is the sense of the Congress that at least
$3,000,000 of the funds allocated for each of the fiscal years 1994
through 1998 for United States economic assistance to encourage the
development of a free-market economic system in the independent states
of the former Soviet Union and the Baltic states should be used for
training and other technical assistance pursuant to this section.

SEC. 6. DEFINITIONS.

    As used in this Act--
            (1) the term ``independent states of the former Soviet
        Union'' means Armenia, Azerbaijan, Belarus, Georgia,
        Kazakhstan, Kyrgyzstan, Moldova, Russia, Tajikistan,
        Turkmenistan, Ukraine, and Uzbekistan; and
            (2) the term ``Baltic states'' means Estonia, Latvia, and
        Lithuania.

Output:
International Statistical Information and Analysis Act of 1993 - Directs the Secretary of Commerce to prepare and submit to the Congress an annual report analyzing the progress being made by the independent states of the former Soviet Union and the Baltic states in establishing a free market economy.
Requires the President to establish an interagency committee to be known as the International Statistical Assistance Coordinating Committee to:  (1) determine priorities for providing training and other technical assistance to monitor economic performance in such countries through the collection and analysis of economic statistical data; (2) coordinate such assistance with assistance provided by international or multilateral organizations; and (3) provide for analysis by its constituent agencies of economic statistical data regarding such countries and for the dissemination of such analysis to U.S. businesses and other interested parties.
Requires U.S. assistance that is provided to encourage the development of a free-market economic system in the independent states of the former Soviet Union and the Baltic states to include training and other technical assistance to develop capabilities to monitor economic performance through the collection and analysis of economic statistical data.  Expresses the sense of the Congress that a specified amount of funds allocated for U.S. assistance to encourage the development of free market systems in such countries be used for such training and assistance.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Preventing Affinity Scams for
Seniors Act of 2010'' or the ``PASS Act of 2010''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) Financial exploitation of the elderly is becoming an
        increasingly familiar problem. Regular review of news headlines
        reveals that elders and vulnerable adults are victimized
        routinely by frauds and scams at the hands of strangers as well
        as loved ones.
            (2) Older individuals may be targeted merely because they
        possess more assets, such as savings, annuities, and retirement
        accounts, stocks and bonds, insurance policies, and property
        than younger people. People over 50 years of age control at
        least 70 percent of the net worth of the nation's households.
            (3) Those elders with cognitive impairments, mental health
        conditions, or physical disabilities may be dependent upon
        others (family members, friends, formal and informal
        caregivers, or court-appointed representatives) for assistance
        in making financial decisions or carrying out daily
        transactions, and therefore may be even more vulnerable to
        theft, exploitation, or undue influence.
            (4) Affinity scams on seniors involve transactions in which
        a person trusted by the senior uses the relationship to defraud
        the senior. Millions of elderly are scammed each year, losing
        at least 2,600,000,000 a year to thieves, many of whom are in
        their own families (conservative estimate given of the schemes
        left unreported).
            (5) Elder financial abuse is commonly linked with other
        forms of abuse and neglect and threatens the health, dignity,
        and economic security of millions of older Americans. Elder
        financial abuse has received limited attention because it is
        not regarded as visible, life-threatening, or newsworthy as is
        the physical or sexual abuse of elders.
            (6) Financial exploitation can be devastating to the victim
        and is often traced to family members, trusted friends, or
        caregivers. Financial abuse often occurs with the implied
        acknowledgment and consent of the elder person and can be more
        difficult to detect.
            (7) Elder financial abuse affects elders and their families
        in significant and long-lasting ways by putting enormous
        emotional duress on the elders, increasing their risk of
        depression, decreasing their quality of life, and increasing
        unnecessary institutionalization.
            (8) The financial services industry is often the first to
        detect a change in the pattern of customers with whom they have
        regular contact. This puts institutions in a unique position to
        assist in protecting customers and upholding the inherent trust
        relationship with clients.

SEC. 3. DEFINITIONS.

    For purposes of this Act:
            (1) Affinity scam.--The term ``affinity scam'' means a
        transaction in which a person trusted by a senior, such as a
        caregiver, relative, guardian, ``new friend'', or service
        provider, claims to share similar interests or values with the
        senior, establishes a relationship with the senior (either on
        the person's own initiative or through some other method, such
        as a court-appointed guardianship), and then uses the
        relationship to defraud the senior.
            (2) Financial institution.--The term ``financial
        institution'' means--
                    (A) an insured bank (as defined in section 3(h) of
                the Federal Deposit Insurance Act (12 U.S.C. 1813(h));
                    (B) a credit union; and
                    (C) a thrift institution.
            (3) Senior.--The term ``senior'' means an individual who is
        at least 65 years of age.

SEC. 4. AFFINITY SCAM EDUCATION AND TRAINING.

    (a) Staff Education and Training.--Each financial institution
shall--
            (1) educate the staff of the financial institution about
        affinity scams and how to identify transactions that may be
        part of an affinity scam; and
            (2) train staff members on educating seniors about affinity
        scams.
    (b) Senior Customer Education.--Each financial institution shall
provide educational materials and other information to seniors who
maintain a deposit account with the financial institution about
affinity scams and how to identify transactions that may be part of an
affinity scam.
    (c) Education and Training Oversight.--The Bureau of Consumer
Financial Protection shall--
            (1) issue such regulations as are necessary to carry out
        this section; and
            (2) periodically audit financial institutions to ensure
        compliance with such regulations.

SEC. 5. SENIOR PROTECTION ACCOUNTS.

    (a) In General.--Each financial institution shall offers seniors a
type of checking account to be known as a ``senior protection
account''.
    (b) Senior Protection Account Requirements.--
            (1) In general.--With respect to a senior who maintains a
        senior protection account with a financial institution, if the
        financial institution receives a transaction request to debit
        such account and, before processing the transaction, the
        financial institution identifies the transaction as possibly
        being part of an affinity scam, the financial institution
        shall--
                    (A) not process the transaction; and
                    (B) initiate an investigation in order to determine
                if such transaction is part of an affinity scam or is
                legitimate.
            (2) Investigation.--With respect to a transaction that is
        the basis of an investigation described under paragraph (1)(B),
        a financial institution shall--
                    (A) notify the senior whose account the transaction
                would debit, if processed, that the financial
                institution--
                            (i) has identified the transaction as
                        possibly being part of an affinity scam; and
                            (ii) has not yet processed the transaction,
                        pending the result of an investigation;
                    (B) if the financial institution determines that
                the transaction is part of an affinity scam--
                            (i) notify the senior of such
                        determination;
                            (ii) refer such transaction to the
                        appropriate law enforcement agency; and
                            (iii) report such transaction to the Bureau
                        of Consumer Financial Protection; and
                    (C) if the financial institution does not determine
                that the transaction is part of an affinity scam--
                            (i) notify the senior of such
                        determination; and
                            (ii) process such transaction not later
                        than 7 business days from the date on which the
                        investigation was started, unless instructed
                        otherwise by the senior.
            (3) Designation of staff person.--Each financial
        institution shall designate a single staff person who shall be
        notified whenever a staff person identifies a transaction that
        is possibly part of an affinity scam.
            (4) Liability.--A financial institution that fails to
        process a transaction or that refers a transaction to law
        enforcement pursuant to the requirements of this subsection
        shall not be liable to any person under any law or regulation
        of the United States, any constitution, law, or regulation of
        any State or political subdivision of any State, or under any
        contract or other legally enforceable agreement (including any
        arbitration agreement), for such failure or referral.
    (c) Rulemaking.--The Secretary of the Treasury shall issue such
regulations as are necessary to carry out this section.
    (d) Tax Deduction.--
            (1) In general.--The Secretary of the Treasury shall by
        regulation establish a deduction to be allowed in computing the
        taxable income of financial institutions for purposes of the
        Internal Revenue Code of 1986.
            (2) Amount of deduction.--Such deduction with respect to
        any financial institution for a taxable year shall be an amount
        equal to 0.77 percent of the average of the amount of deposits
        held by such financial institution in senior protection
        accounts for each day during such taxable year.
    (e) Civil Liability.--Any financial institution that fails to
comply with any provision of this section with respect to a senior
shall be liable to such senior in an amount equal to the sum of the
following:
            (1) Actual damages.--The amount of any actual damage
        sustained by the senior as a result of such failure.
            (2) Attorneys' fees.--In the case of any successful action
        to enforce any liability under paragraph (1), the costs of the
        action, together with reasonable attorneys' fees.
    (f) Nondiscrimination.--A financial institution may not
discriminate against seniors in any fees or other charges required by
the financial institution in order to cover the cost to the financial
institution of implementing the requirements of this Act.

SEC. 6. ADDING AFFINITY SCAMS TARGETING SENIORS TO THE SUSPICIOUS
              TRANSACTION REPORTING REQUIREMENT.

    Section 5318(g)(1) of title 31, United States Code, is amended--
            (1) by striking ``The Secretary'' and inserting the
        following:
                    ``(A) Possible violation of law or regulation.--The
                Secretary''; and
            (2) by adding at the end the following new subparagraph:
                    ``(B) Possible affinity scam targeting seniors.--
                            ``(i) In general.--The Secretary shall
                        require each financial institution, and each
                        director, officer, employee, or agent of such
                        financial institution, to report any suspicious
                        transaction relevant to a possible affinity
                        scam.
                            ``(ii) Definitions.--For purposes of this
                        subparagraph:
                                    ``(I) Affinity scam.--The term
                                `affinity scam' means a transaction in
                                which a person trusted by a senior,
                                such as a caregiver, relative,
                                guardian, `new friend', or service
                                provider, claims to share similar
                                interests or values with the senior,
                                establishes a relationship with the
                                senior (either on the person's own
                                initiative or through some other
                                method, such as a court-appointed
                                guardianship), and then uses the
                                relationship to defraud the senior.
                                    ``(II) Senior.--The term `senior'
                                means an individual who is at least 65
                                years of age.''.

SEC. 7. EFFECTIVE DATE.

    This Act, and the amendments made by this Act, shall take effect
after the end of the 6-month period beginning on the date of the
enactment of this Act.

Output:
Preventing Affinity Scams for Seniors Act of 2010 or PASS Act of 2010 - Defines "affinity scam" as a transaction in which a person trusted by a senior, such as a caregiver, relative, guardian, "new friend," or service provider, claims to share similar interests or values and establishes a relationship with the senior, then uses the relationship to defraud the senior.

Requires each financial institution to: (1) educate its staff about affinity scams and how to identify transactions that may be part of an affinity scam; (2) train staff members on educating seniors about affinity scams; (3) provide senior depositors with educational materials on how to identify affinity scams; and (4) offer seniors a "senior protection (checking) account."

Directs the Bureau of Consumer Financial Protection to: (1) issue implementing regulations; and (2) audit financial institutions periodically to ensure compliance with them.

Sets forth senior protection account requirements, including protective measures to block and investigate transactions suspected of being an affinity scam.

Instructs the Secretary of the Treasury to establish an income tax deduction of .77% of the average of the amount of deposits held by a financial institution in senior protection accounts.

Subjects a noncompliant financial institution to a civil liability with respect to a senior who has sustained actual damage as a result of the institution's failure to comply with this Act.

Directs the Secretary to require each financial institution, and each of its directors, officers, employees, or agents, to report any suspicious transaction relevant to a possible affinity scam.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Department of Environmental
Protection Act''.

SEC. 2. REDESIGNATION OF ENVIRONMENTAL PROTECTION AGENCY AS DEPARTMENT
              OF ENVIRONMENTAL PROTECTION.

    (a) Redesignation.--The Environmental Protection Agency is
redesignated as the Department of Environmental Protection (hereinafter
in this Act referred to as the ``Department''), and shall be an
executive department in the executive branch of the Government.
    (b) Secretary of Environmental Protection.--(1) There shall be at
the head of the Department a Secretary of Environmental Protection
(hereinafter in this Act referred to as the ``Secretary'') who shall be
appointed by the President, by and with the advice and consent of the
Senate, except as provided in paragraph (2).
    (2) If so designated by the President, the individual who has been
nominated and confirmed and is serving as the Administrator of the
Environmental Protection Agency on the date of enactment of this Act
shall become the Secretary of Environmental Protection, without
reconfirmation by the Senate.
    (c) Transfer of Function, Powers, and Duties.--The functions,
powers, and duties of each officer and employee of the Environmental
Protection Agency are transferred to and vested in the corresponding
officer or employee of the Department.
    (d) Delegation of Authority.--The Secretary may, consistent with
other laws--
            (1) delegate any functions, powers, or duties, including
        the promulgation of regulations, to such officers and employees
        of the Department as the Secretary may designate; and
            (2) authorize such successive redelegations of such
        functions, powers, or duties within the Department as the
        Secretary considers necessary or appropriate.

SEC. 3. REFERENCES.

    Any reference in any other Federal law, Executive order, rule,
regulation, reorganization plan, or delegation of authority, or in any
document--
            (1) to the Environmental Protection Agency is deemed to
        refer to the Department of Environmental Protection;
            (2) to the Administrator of the Environmental Protection
        Agency is deemed to refer to the Secretary of Environmental
        Protection; and
            (3) to a subordinate official of the Environmental
        Protection Agency is deemed to refer to the corresponding
        official of the Department of Environmental Protection.

SEC. 4. SAVINGS PROVISIONS.

    (a) Continuing Effect of Legal Documents.--All orders,
determinations, rules, regulations, permits, grants, contracts,
certificates, licenses, privileges, agreements, registrations, and
other administrative actions--
            (1) which have been issued, made, granted or allowed to
        become effective by the President, the Administrator or other
        authorized official of the Environmental Protection Agency, or
        by a court of competent jurisdiction, which relate to functions
        of the Administrator or any other officer or agent of the
        Environmental Protection Agency actions; and
            (2) which are in effect on the date of the enactment of
        this Act,
shall continue in effect according to their terms until modified,
terminated, superseded, set aside, or revoked in accordance with law by
the President, the Secretary, or other authorized official, by a court
of competent jurisdiction, or by operation of law.
    (b) Proceedings not Affected.--(1) This Act shall not affect any
proceeding, proposed rule, or application for any license, permit,
certificate, registration, or financial assistance pending before the
Environmental Protection Agency on the date of the enactment of this
Act, and the effect of any such proceeding, proposed rule, or
application shall continue. Orders shall be issued, and final
determinations shall be made, in any such proceeding, proposed rule, or
application, appeals shall be taken therefrom, and payments shall be
made pursuant to such orders, as if this Act had not been enacted, and
orders issued with respect to any such proceeding, proposed rule, or
application shall continue in effect until modified, terminated,
superseded, or revoked by a duly authorized official, by a court of
competent jurisdiction, or by operation of law.
    (2) Nothing in this subsection prohibits the discontinuance or
modification of any such proceeding, proposed rule, or application
under the same terms and conditions and to the same extent that such
proceeding, proposed rule, or application could have been discontinued
or modified if this Act had not been enacted.
    (c) Suits not Affected.--The provisions of this Act shall not
affect suits commenced before the date of enactment of this Act, and in
all such suits, proceedings shall be had, appeals taken, and judgments
rendered in the same manner and with the same effect as if this Act had
not been enacted.
    (d) Nonabatement of Actions.--No suit, action, or other proceeding
commenced before the date of enactment of this Act by or against the
Environmental Protection Agency, or by or against any individual in the
official capacity of such individual as an officer of the Environmental
Protection Agency, shall abate by reason of the enactment of this Act.
    (e) Property and Resources.--The contracts, liabilities, records,
property, and other assets and interests of the Environmental
Protection Agency shall, after the date of enactment of this Act, be
considered to be the contracts, liabilities, records, property, and
other assets and interests of the Department of Environmental
Protection.

SEC. 5. CONFORMING AMENDMENTS.

    After consultation with the appropriate committees of Congress, the
Secretary shall prepare and submit to Congress proposed legislation
containing necessary and appropriate technical and conforming
amendments to the laws of the United States, to reflect the changes
made by this Act. Such proposed legislation shall be submitted not
later than one year after the date of enactment of this Act.

Output: Department of Environmental Protection Act - Redesignates the Environmental Protection Agency as an executive department, the Department of Environmental Protection, to be headed by a Secretary of Environmental Protection who shall be appointed by the President.