Input:
SECTION 1. SHORT TITLE.

    This title may be cited as the ``Putting the Gulf of Mexico Back to
Work Act''.

      TITLE I--AMENDMENT TO THE OUTER CONTINENTAL SHELF LANDS ACT

SEC. 101. AMENDMENT TO OUTER CONTINENTAL SHELF LANDS ACT.

    (a) Amendment.--Section 11(d) of the Outer Continental Shelf Lands
Act (43 U.S.C. 1340(d)) is amended to read as follows:
    ``(d) Drilling Permits.--
            ``(1) In general.--The Secretary shall by regulation
        require that any lessee operating under an approved exploration
        plan--
                    ``(A) must obtain a permit before drilling any well
                in accordance with such plan; and
                    ``(B) must obtain a new permit before drilling any
                well of a design that is significantly different than
                the design for which an existing permit was issued.
            ``(2) Safety review required.--The Secretary shall not
        issue a permit under paragraph (1) without ensuring that the
        proposed drilling operations meet all--
                    ``(A) critical safety system requirements,
                including blowout prevention; and
                    ``(B) oil spill response and containment
                requirements.
            ``(3) Timeline.--
                    ``(A) The Secretary shall decide whether to issue a
                permit under paragraph (1) within 30 days after
                receiving an application for the permit. The Secretary
                may extend such period for up to two periods of 15 days
                each, if the Secretary has given written notice of the
                delay to the applicant. The notice shall be in the form
                of a letter from the Secretary or a designee of the
                Secretary, and shall include the names and titles of
                the persons processing the application, the specific
                reasons for the delay, and a specific date a final
                decision on the application is expected.
                    ``(B) If the application is denied, the Secretary
                shall provide the applicant--
                            ``(i) in writing, clear and comprehensive
                        reasons why the application was not accepted
                        and detailed information concerning any
                        deficiencies, and
                            ``(ii) an opportunity to remedy any
                        deficiencies.
                    ``(C) If the Secretary has not made a decision on
                the application by the end of the 60-day period
                beginning on the date the application is received by
                the Secretary, the application is deemed approved.''.
    (b) Deadline for Certain Permit Applications Under Existing
Leases.--
            (1) In general.--Notwithstanding the amendment made by
        subsection (a), a lease under which a covered application is
        submitted to the Secretary of the Interior shall be considered
        to be in directed suspension during the period beginning May
        27, 2010, and ending on the date the Secretary issues a final
        decision on the application, if the Secretary does not issue a
        final decision on the application--
                    (A) before the end of the 30-day period beginning
                on the date of enactment of this Act, in the case of a
                covered application submitted before such date of
                enactment; or
                    (B) before the end of the 30-day period beginning
                on the date the application is received by the
                Secretary, in the case of a covered application
                submitted on or after such date of enactment.
            (2) Covered application.--In this subsection the term
        ``covered application'' means an application for a permit to
        drill under an oil and gas lease under the Outer Continental
        Shelf Lands Act in effect on the date of enactment of this Act,
        that--
                    (A) represents a resubmission of an approved permit
                to drill (including an application for a permit to
                sidetrack) that was approved by the Secretary before
                May 27, 2010; and
                    (B) is received by the Secretary after October 12,
                2010, and before the end of the 30-day period beginning
                on the date of enactment of this Act.

SEC. 102. EXTENSION OF CERTAIN OUTER CONTINENTAL SHELF LEASES.

    (a) Definition of Covered Lease.--In this section, the term
``covered lease'' means each oil and gas lease for the Gulf of Mexico
outer Continental Shelf region issued under section 8 of the Outer
Continental Shelf Lands Act (43 U.S.C. 1337) that--
            (1)(A) was not producing as of April 30, 2010; or
            (B) was suspended from operations, permit processing, or
        consideration, in accordance with the moratorium set forth in
        the Minerals Management Service Notice to Lessees and Operators
        No. 2010-N04, dated May 30, 2010, or the decision memorandum of
        the Secretary of the Interior entitled ``Decision memorandum
        regarding the suspension of certain offshore permitting and
        drilling activities on the Outer Continental Shelf'' and dated
        July 12, 2010; and
            (2) by its terms would expire on or before December 31,
        2011.
    (b) Extension of Covered Leases.--The Secretary of the Interior
shall extend the term of a covered lease by 1 year.
    (c) Effect on Suspensions of Operations or Production.--The
extension of covered leases under this section is in addition to any
suspension of operations or suspension of production granted by the
Minerals Management Service or Bureau of Ocean Energy Management,
Regulation and Enforcement after May 1, 2010.

     TITLE II--JUDICIAL REVIEW OF AGENCY ACTIONS RELATING TO OUTER
           CONTINENTAL SHELF ACTIVITIES IN THE GULF OF MEXICO

SEC. 201. DEFINITIONS FOR TITLE.

    In this title--
            (1) the term ``covered civil action'' means a civil action
        containing a claim under section 702 of title 5, United States
        Code, regarding agency action (as defined for the purposes of
        that section) affecting a covered energy project in the Gulf of
        Mexico; and
            (2) the term ``covered energy project'' means the leasing
        of Federal lands of the Outer Continental Shelf (including
        submerged lands) for the exploration, development, production,
        processing, or transmission of oil, natural gas, wind, or any
        other source of energy in the Gulf of Mexico, and any action
        under such a lease, except that the term does not include any
        disputes between the parties to a lease regarding the
        obligations under such lease, including regarding any alleged
        breach of the lease.

SEC. 202. EXCLUSIVE VENUE FOR CERTAIN CIVIL ACTIONS RELATING TO COVERED
              ENERGY PROJECTS IN THE GULF OF MEXICO.

    Venue for any covered civil action shall not lie in any district
court not within the 5th circuit unless there is no proper venue in any
court within that circuit.

SEC. 203. TIME LIMITATION ON FILING.

    A covered civil action is barred unless filed no later than the end
of the 60-day period beginning on the date of the final Federal agency
action to which it relates.

SEC. 204. EXPEDITION IN HEARING AND DETERMINING THE ACTION.

    The court shall endeavor to hear and determine any covered civil
action as expeditiously as possible.

SEC. 205. STANDARD OF REVIEW.

    In any judicial review of a covered civil action, administrative
findings and conclusions relating to the challenged Federal action or
decision shall be presumed to be correct, and the presumption may be
rebutted only by the preponderance of the evidence contained in the
administrative record.

SEC. 206. LIMITATION ON PROSPECTIVE RELIEF.

    In a covered civil action, the court shall not grant or approve any
prospective relief unless the court finds that such relief is narrowly
drawn, extends no further than necessary to correct the violation of a
legal requirement, and is the least intrusive means necessary to
correct that violation.

SEC. 207. LIMITATION ON ATTORNEYS' FEES.

    Sections 504 of title 5, United States Code, and 2412 of title 28,
United States Code (together commonly called the Equal Access to
Justice Act) do not apply to a covered civil action, nor shall any
party in such a covered civil action receive payment from the Federal
Government for their attorneys' fees, expenses, and other court costs.

        TITLE III--RESTARTING AMERICAN OFFSHORE LEASING NOW ACT

SEC. 301. SHORT TITLE.

    This title may be cited as the ``Restarting American Offshore
Leasing Now Act''.

SEC. 302. REQUIREMENT TO CONDUCT PROPOSED OIL AND GAS LEASE SALE 216 IN
              THE CENTRAL GULF OF MEXICO.

    (a) In General.--The Secretary of the Interior shall conduct
offshore oil and gas Lease Sale 216 under section 8 of the Outer
Continental Shelf Lands Act (33 U.S.C. 1337) as soon as practicable,
but not later than 4 months after the date of enactment of this Act.
    (b) Environmental Review.--For the purposes of that lease sale, the
Environmental Impact Statement for the 2007-2012 5-Year OCS Plan and
the Multi-Sale Environmental Impact Statement are deemed to satisfy the
requirements of the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).

SEC. 303. REQUIREMENT TO CONDUCT PROPOSED OIL AND GAS LEASE SALE 218 IN
              THE WESTERN GULF OF MEXICO.

    (a) In General.--The Secretary of the Interior shall conduct
offshore oil and gas Lease Sale 218 under section 8 of the Outer
Continental Shelf Lands Act (33 U.S.C. 1337) as soon as practicable,
but not later than 8 months after the date of enactment of this Act.
    (b) Environmental Review.--For the purposes of that lease sale, the
Environmental Impact Statement for the 2007-2012 5-Year OCS Plan and
the Multi-Sale Environmental Impact Statement are deemed to satisfy the
requirements of the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).

SEC. 304. REQUIREMENT TO CONDUCT PROPOSED OIL AND GAS LEASE SALE 220 ON
              THE OUTER CONTINENTAL SHELF OFFSHORE VIRGINIA.

    (a) In General.--The Secretary of the Interior shall conduct
offshore oil and gas Lease Sale 220 under section 8 of the Outer
Continental Shelf Lands Act (33 U.S.C. 1337) as soon as practicable,
but not later than one year after the date of enactment of this Act.
    (b) Prohibition on Conflicts With Military Operations.--The
Secretary shall not make any tract available for leasing under this
section if the President, through the Secretary of Defense, determines
that drilling activity on that tract would create an unreasonable
conflict with military operations.

SEC. 305. REQUIREMENT TO CONDUCT PROPOSED OIL AND GAS LEASE SALE 222 IN
              THE CENTRAL GULF OF MEXICO.

    (a) In General.--The Secretary of the Interior shall conduct
offshore oil and gas Lease Sale 222 under section 8 of the Outer
Continental Shelf Lands Act (33 U.S.C. 1337) as soon as practicable,
but not later than June 1, 2012.
    (b) Environmental Review.--For the purposes of that lease sale, the
Environmental Impact Statement for the 2007-2012 5-Year OCS Plan and
the Multi-Sale Environmental Impact Statement are deemed to satisfy the
requirements of the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).

SEC. 306. DEFINITIONS.

    In this title:
            (1) The term ``Environmental Impact Statement for the 2007-
        2012 5 Year OCS Plan'' means the Final Environmental Impact
        Statement for Outer Continental Shelf Oil and Gas Leasing
        Program: 2007-2012 (April 2007) prepared by the Secretary of
        the Interior.
            (2) The term ``Multi-Sale Environmental Impact Statement''
        means the Environmental Impact Statement for Proposed Western
        Gulf of Mexico OCS Oil and Gas Lease Sales 204, 207, 210, 215,
        and 218, and Proposed Central Gulf of Mexico OCS Oil and Gas
        Lease Sales 205, 206, 208, 213, 216, and 222 (September 2008)
        prepared by the Secretary of the Interior.

            Passed the House of Representatives May 11, 2011.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.

Output:
Putting the Gulf of Mexico Back to Work Act - Title I: Amendment to the Outer Continental Shelf Lands Act - (Sec. 101) Amends the Outer Continental Shelf Lands Act to direct the Secretary of the Interior (who currently is only authorized) to require that any lessee operating under an approved exploration plan obtain: (1) a permit before drilling any well in accordance with such plan, and (2) a new permit before drilling any well of a design significantly different from the design for which an existing permit was issued.

Prohibits the Secretary from issuing a permit without ensuring that the proposed drilling operations meet all: (1) critical safety system requirements including blowout prevention, and (2) oil spill response and containment requirements.

Requires the Secretary to decide whether to issue a permit within 30 days after receiving an application. Allows up to two 15-day extensions of such deadline. Prescribes implementation procedures.

Imposes a deadline for certain permit applications under existing leases.

(Sec. 102) Directs the Secretary to extend by one year the term of an oil and gas lease (covered lease) for the Gulf of Mexico outer Continental Shelf (OCS) region that: (1) was not producing as of April 30, 2010; or (2) was suspended from operations, permit processing, or consideration in accordance with either the moratorium set forth in the Minerals Management Service Notice to Lessees and Operators No. 2010, or the decision memorandum regarding the suspension of certain offshore permitting and drilling activities on the OCS, dated July 12, 2010; and (3) by its terms would expire on or before December 31, 2011.

States that the extension of such covered leases is in addition to any suspension of operations or of production granted by the Minerals Management Service or Bureau of Ocean Energy Management, Regulation and Enforcement after May 1, 2010.

Title II: Judicial Review of Agency Actions Relating to Outer Continental Shelf Activities in the Gulf of Mexico - (Sec. 201) Defines a covered civil action as one seeking relief (other than money damages) and stating a claim that an agency or an agency officer or employee acted or failed to act in an official capacity or under color of legal authority regarding a covered energy project in the Gulf of Mexico.

Defines such a covered energy project as the leasing of federal lands of the OCS (including submerged lands) for the exploration, development, production, processing, or transmission of oil, natural gas, wind, or any other source of energy in the Gulf of Mexico, as well as any action under such a lease. Excludes from the meaning of covered energy project any disputes between the parties to a lease regarding the obligations under such lease, including any alleged breach of the lease.

(Sec. 202) Establishes any district court within the Fifth Circuit as the exclusive venue for covered civil actions relating to covered energy projects in the Gulf of Mexico, unless there is no proper venue within that circuit.

(Sec. 203) Bars a covered civil action unless it is filed within 60 days after the final federal action to which it relates.

(Sec. 204) Requires the court to try to hear and determine any covered action as expeditiously as possible.

(Sec. 205) Makes a presumption, in any judicial review of a covered civil action, that the administrative findings and conclusions relating to the challenged federal action or decision are correct. Allows rebuttal of this presumption only by the preponderance of the evidence contained in the administrative record.

(Sec. 206) Prohibits a court from granting or approving any prospective relief unless it finds that such relief: (1) is narrowly drawn, (2) extends no further than necessary to correct the violation of a legal requirement, and (3) is the least intrusive means necessary to correct the violation.

(Sec. 207) Prohibits federal payment of attorneys' fees, expenses, and other court costs to any party in a covered civil action under this Act.

Title III: Restarting American Offshore Leasing Now Act - Restarting American Offshore Leasing Now Act - (Sec. 302) Directs the Secretary of the Interior to conduct specified proposed offshore oil and gas lease sales as follows: (1) lease sale 216 in the Central Gulf of Mexico within four months after enactment of this Act; (2) lease sale 218 in the Western Gulf of Mexico within eight months after enactment of this Act; (3) lease sale 220 on the Outer Continental Shelf offshore Virginia within one year after enactment of this Act; and (4) lease sale 222 in the Central Gulf of Mexico no later than June 1, 2012.

(Sec. 304) Prohibits the Secretary from making any Offshore Virginia tract available for leasing if it would conflict with military operations.

Declares that, for purposes of such proposed lease sales, specified Environmental Impact Statements are deemed to satisfy the requirements of the National Environmental Policy Act of 1969.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Tiahrt Restrictions Repeal Act''.

SEC. 2. FINDINGS.

    The Congress finds as follows:
            (1) The Tiahrt Amendments severely limit the authority of
        the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF)
        to disclose crime gun trace data to the public.
            (2) The Tiahrt Amendments prevent the collection of
        valuable information, and the establishment of effective
        policies to prevent illegal guns from being used in crimes.
            (3) The Tiahrt Amendments impede enforcement of the gun
        laws by requiring most background check records to be destroyed
        within 24 hours, and by barring the Government from requiring
        annual inventory audits by owners of gun shops.
            (4) A 2012 study by researchers at Johns Hopkins Bloomberg
        School of Public Health found that the Tiahrt Amendments
        dramatically increased gun sales to criminals.
            (5) A 2016 study from the University of Pittsburgh Graduate
        School of Public Health found that in 2008, 79 percent of all
        guns recovered by police from crime scenes belonged to someone
        other than the perpetrator--30 percent had been stolen.
            (6) A gun is stolen in the United States every 2 minutes.
            (7) Every year, nearly 115,000 Americans are shot.
            (8) In 2016, 38,658 Americans were killed with a gun.
            (9) In 2016, 289,223 firearms were recovered and traced in
        the United States, of which 211,384 were traced to a final
        retail purchaser.
            (10) Having effective policies to prevent illegal gun
        trafficking makes our families and communities safer.
            (11) Repealing the Tiahrt Amendments would support law
        enforcement efforts and give the public vital information
        needed to craft the most effective policies against illegal
        guns.

SEC. 3. REPEAL OF CERTAIN LIMITATIONS ON THE USE OF DATABASE
              INFORMATION OF THE BUREAU OF ALCOHOL, TOBACCO, FIREARMS,
              AND EXPLOSIVES.

    (a) The matter under the heading ``Bureau of Alcohol, Tobacco,
Firearms and Explosives--Salaries and Expenses'' in title I of division
B of the Consolidated and Further Continuing Appropriations Act, 2012
(18 U.S.C. 923 note; Public Law 112-55; 125 Stat. 609-610) is amended
by striking the 6th proviso.
    (b) The 6th proviso under the heading ``Bureau of Alcohol, Tobacco,
Firearms and Explosives--Salaries and Expenses'' in title II of
division B of the Consolidated Appropriations Act, 2010 (18 U.S.C. 923
note; Public Law 111-117; 123 Stat. 3128-3129) is amended by striking
``beginning in fiscal year 2010 and thereafter'' and inserting ``in
fiscal year 2010''.
    (c) The 6th proviso under the heading ``Bureau of Alcohol, Tobacco,
Firearms and Explosives--Salaries and Expenses'' in title II of
division B of the Omnibus Appropriations Act, 2009 (18 U.S.C. 923 note;
Public Law 111-8; 123 Stat. 574-576) is amended by striking ``beginning
in fiscal year 2009 and thereafter'' and inserting ``in fiscal year
2009''.
    (d) The 6th proviso under the heading ``Bureau of Alcohol, Tobacco,
Firearms and Explosives--Salaries and Expenses'' in title II of
division B of the Consolidated Appropriations Act, 2008 (18 U.S.C. 923
note; Public Law 110-161; 121 Stat. 1903-1904) is amended by striking
``beginning in fiscal year 2008 and thereafter'' and inserting ``in
fiscal year 2008''.
    (e) The 6th proviso under the heading ``Bureau of Alcohol, Tobacco,
Firearms and Explosives--Salaries and Expenses'' in title I of the
Science, State, Justice, Commerce, and Related Agencies Appropriations
Act, 2006 (18 U.S.C. 923 note; Public Law 109-108; 119 Stat. 2295-2296)
is amended by striking ``with respect to any fiscal year''.
    (f) The 6th proviso under the heading in title I of division B of
the Consolidated Appropriations Act, 2005 (18 U.S.C. 923 note; Public
Law 108-447; 118 Stat. 2859-2860) is amended by striking ``with respect
to any fiscal year''.

SEC. 4. REPEAL OF LIMITATION ON IMPOSITION OF REQUIREMENT THAT FIREARMS
              DEALERS TO CONDUCT PHYSICAL CHECK OF FIREARMS INVENTORY.

    The matter under the heading ``Bureau of Alcohol, Tobacco, Firearms
and Explosives--Salaries and Expenses'' in title I of division B of the
Consolidated and Further Continuing Appropriations Act, 2012 (18 U.S.C.
923 note; Public Law 112-55; 125 Stat. 609-610) is amended by striking
the 7th proviso.

SEC. 5. REPEAL OF REQUIREMENT TO DESTROY INSTANT CRIMINAL BACKGROUND
              CHECK RECORDS WITHIN 24 HOURS.

    Section 511 of the Consolidated and Further Continuing
Appropriations Act, 2012 (18 U.S.C. 922 note; Public Law 112-55; 125
Stat. 632) is amended--
            (1) by striking ``for--'' and all that follows through
        ``(1)''; and
            (2) by striking the semicolon and all that follows and
        inserting a period.

Output: Tiahrt Restrictions Repeal Act This bill amends several appropriations laws to remove limitations on the authority of the Bureau of Alcohol, Tobacco, Firearms and Explosives to conduct activities related to the administration of federal firearms laws. Specifically, the bill removes provisions that:   limit the use of firearms tracing data,  prohibit the imposition of a requirement that firearms dealers conduct a physical inventory,  require national instant criminal background check records to be destroyed within 24 hours.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Predatory Lending Deterrence Act''.

SEC. 2. DEFINITIONS.

    In this Act--
            (1) the terms ``affiliate'' and ``subsidiary'' have the
        same meanings as in section 2 of the Bank Holding Company Act
        of 1956 (12 U.S.C. 1841);
            (2) the terms ``appropriate Federal financial supervisory
        agency'' and ``regulated financial institution'' have the same
        meanings as in section 803 of the Community Reinvestment Act of
        1977 (12 U.S.C. 2902); and
            (3) the terms ``consumer'', ``creditor'', and ``open end
        credit plan'' have the same meanings as in section 103 of the
        Truth in Lending Act (15 U.S.C. 1602).

SEC. 3. THRESHOLDS.

    Section 103(aa)(1) of the Truth in Lending Act (15 U.S.C.
1602(aa)(1)) is amended--
            (1) in subparagraph (A), by striking ``10 percentage'' and
        inserting ``8 percentage''; and
            (2) in subparagraph (B), by striking clauses (i) and (ii),
        and inserting the following:
                            ``(i) 4 percent of the total loan amount,
                        if the total loan amount is not less than
                        $20,000; or
                            ``(ii) the lesser of 5 percent of the total
                        loan amount or $800, if the total loan amount
                        is less than $20,000, excluding from the amount
                        of points and fees--
                                    ``(I) not more than 2 bona fide
                                loan discount points payable by the
                                consumer in connection with the loan
                                transaction, if the interest rate from
                                which the interest rate on the loan
                                will be discounted does not exceed by
                                more than 1 percentage point the
                                required net yield for a 90-day
                                standard mandatory delivery commitment
                                for a reasonably comparable loan from
                                either the Federal National Mortgage
                                Association or the Federal Home Loan
                                Mortgage Corporation, whichever is
                                greater; and
                                    ``(II) not more than 1 bona fide
                                loan discount point payable by the
                                consumer in connection with the loan
                                transaction, if the interest rate from
                                which the interest rate on the loan
                                will be discounted does not exceed by
                                more than 2 percentage points the
                                required net yield for a 90-day
                                standard mandatory delivery commitment
                                for a reasonably comparable loan from
                                either the Federal National Mortgage
                                Association or the Federal Home Loan
                                Mortgage Corporation, whichever is
                                greater.''.

SEC. 4. PROHIBITIONS AND LIMITATIONS REGARDING HIGH COST HOME LOANS.

    (a) In General.--Section 129 of the Truth in Lending Act (15 U.S.C.
1639) is amended--
            (1) in the section heading, by inserting ``high cost''
        after ``certain'';
            (2) by striking subsections (c) through (k);
            (3) by redesignating subsection (l) as subsection (n); and
            (4) by inserting after subsection (b) the following:
    ``(c) Prohibition on Balloon Payments.--
            ``(1) In general.--A mortgage referred to in section
        103(aa) may not contain terms under which any scheduled payment
        is more than twice the amount of the average of all other
        regular periodic payments.
            ``(2) Construction.--Paragraph (1) does not prohibit a
        payment schedule adjusted for the seasonal or irregular income
        of the consumer.
    ``(d) Prohibition on Negative Amortization.--A mortgage referred to
in section 103(aa) may not contain terms under which the repayment
schedule of regular periodic payments does not cover the full amount of
interest due, causing the principal balance to increase.
    ``(e) Prohibition on Prepaid Payments.--A mortgage referred to in
section 103(aa) may not contain terms under which more than 2 periodic
payments required under the loan are consolidated and paid in advance
from the loan proceeds provided to the consumer.
    ``(f) Consideration of Ability To Repay; Mandatory Credit
Counseling.--No creditor may extend a mortgage referred to in section
103(aa) unless--
            ``(1) at the time at which the loan is consummated, the
        total monthly debts of the obligor, including amounts owed
        under the loan, do not exceed 50 percent of the monthly gross
        income of the obligor, as verified by the credit application,
        the financial statement of the obligor, a credit report,
        financial information provided to the creditor by or on behalf
        of the obligor, or any other reasonable means; and
            ``(2) the creditor has first received certification that
        the consumer has received counseling on the advisability of the
        loan transaction from a counselor approved by the United States
        Department of Housing and Urban Development, a State housing
        financing agency, or other appropriate regulatory agency.
    ``(g) Requirements for Payments Under Home Improvement Contracts.--
A creditor shall not make a payment to a contractor under a home
improvement contract from amounts extended as credit under a mortgage
referred to in section 103(aa), other than--
            ``(1) in the form of an instrument that is payable to the
        consumer or jointly to the consumer and the contractor; or
            ``(2) at the election of the consumer, by a third party
        escrow agent in accordance with terms established in a written
        agreement signed by the consumer, the creditor, and the
        contractor before the date of payment.
    ``(h) Prohibition on Call Provisions.--
            ``(1) In general.--A mortgage referred to in section
        103(aa) may not contain terms that permit the creditor, in the
        sole discretion of the creditor, to accelerate repayment of the
        indebtedness.
            ``(2) Construction.--Paragraph (1) does not apply when
        repayment of the loan has been accelerated by default, pursuant
        to a due-on-sale provision, or pursuant to some other provision
        of the loan documents unrelated to the payment schedule.
    ``(i) Prohibition on Modification or Deferral Fees.--No creditor
may charge a consumer any fee or other charge to modify, renew, extend,
or amend a mortgage referred to in section 103(aa), or to defer any
payment due under the terms of any such mortgage.
    ``(j) Prohibition on Mandatory Arbitration.--A mortgage referred to
in section 103(aa) may not contain terms that require arbitration of
disputes or that limit in any way the right of the consumer to seek
relief through the judicial process.
    ``(k) Prohibition on Financing of Fees or Charges.--No creditor may
extend a mortgage referred to in section 103(aa) that directly or
indirectly finances--
            ``(1) any prepayment fees or penalties payable by the
        consumer in a refinancing transaction, if the creditor or an
        affiliate of the creditor is also the creditor with respect to
        the obligation being refinanced;
            ``(2) any points or fees; or
            ``(3) any other charges payable to third parties.
    ``(l) Prohibition on Benefit From Refinancing Existing Loan With
New Loan.--No creditor may charge a consumer points and fees or other
charges in connection with the extension of a mortgage referred to in
section 103(aa) if the proceeds of the loan are used to refinance an
existing mortgage referred to in section 103(aa) that is held by the
same creditor.
    ``(m) Securitization.--Any person that purchases (in whole or in
part) an interest in a mortgage referred to in section 103(aa) shall
exercise due diligence before such purchase in determining whether the
requirements of this section have been met with respect to the
mortgage.''.

SEC. 5. ADDITITIONAL DEFINITIONS.

    Section 103 of the Truth in Lending Act (15 U.S.C. 1602) is amended
by adding at the end the following:
    ``(cc) Affiliate.--The term `affiliate' has the same meaning as in
section 2(k) of the Bank Holding Company Act of 1956 (12 U.S.C.
1841(k)).
    ``(dd) Bona Fide Loan Discount Points.--The term `bona fide loan
discount points' means loan discount points knowingly paid by the
consumer that results in a reduction of the interest rate or time-price
differential applicable to the subject loan, if the amount of the
interest rate reduction purchased by the discount points is reasonable,
as determined by the Board.
    ``(ee) Points and Fees.--The term `points and fees'--
            ``(1) means--
                    ``(A) finance charges (other than interest or the
                time-price differential), as defined by rule or
                regulation of the Board;
                    ``(B) real estate related fees, as defined by rule
                or regulation of the Board, but only if the creditor
                receives direct or indirect compensation in connection
                with the charge, or the charge is paid to an affiliate
                of the creditor;
                    ``(C) all compensation paid directly or indirectly
                to a mortgage broker, including a broker that
                originates a loan in its own name in a table funded
                transaction, that is not otherwise included under
                subparagraph (A) or (B);
                    ``(D) all premiums financed by the creditor,
                directly or indirectly, for any credit life insurance,
                credit disability insurance, or credit unemployment
                insurance, or any other life or health insurance (other
                than insurance premiums calculated and paid on a
                monthly basis); and
                    ``(E) all prepayment fees or penalties included in
                the loan documents; and
            ``(2) does not include--
                    ``(A) taxes, filing fees, recording and other
                charges and fees paid or to be paid to public officials
                for determining the existence of or for perfecting,
                releasing, or satisfying a security interest; or
                    ``(B) fees paid to a person other than the creditor
                or an affiliate of the creditor, or to the mortgage
                broker or an affiliate of the mortgage broker, with
                respect to--
                            ``(i) flood certification;
                            ``(ii) pest infestation determinations;
                            ``(iii) appraisals;
                            ``(iv) inspections performed prior to
                        consummation of the transaction;
                            ``(v) credit reports;
                            ``(vi) surveys;
                            ``(vii) attorneys' fees (if the consumer
                        has the right to select the attorney from an
                        approved list or otherwise) or notary fees;
                            ``(viii) escrow charges, if otherwise not
                        included under subparagraph (A); or
                            ``(ix) title and flood insurance premiums,
                        subject to the rules and regulations of the
                        Board.
    ``(ff) Obligor.--The term `obligor' means each consumer,
coconsumer, cosigner, or guarantor obligated to repay a subject loan or
other debt.
    ``(gg) Table Funded Transaction.--The term `table funded
transaction' means a settlement at which a mortgage loan is funded by
an advance of loan funds in which there is a subsequent assignment of
the loan from the person identified as the creditor in the loan
documents to the person advancing the funds.
    ``(hh) Total Loan Amount.--The term `total loan amount' has the
meaning given the term by rule or regulation of the Board.''.

SEC. 6. PROHIBITIONS AND LIMITATIONS REGARDING ALL MORTGAGE LOANS.

    (a) In General.--The Truth in Lending Act (15 U.S.C. 1601 et seq.)
is amended by inserting after section 129 the following new section:

``SEC. 129A. REQUIREMENTS AND LIMITATIONS FOR ALL MORTGAGES.

    ``(a) Prohibition on Prepayment Penalties.--A residential mortgage
transaction may not include terms under which a consumer must pay a
prepayment penalty for paying all or part of the principal before the
date on which the principal is due.
    ``(b) Limitations With Respect to Default.--
            ``(1) No encouragement of default.--A creditor may not
        recommend or encourage default on an existing loan or other
        debt prior to or in connection with a residential mortgage
        transaction that refinances all or a portion of that existing
        loan or debt.
            ``(2) No higher rate.--
                    ``(A) In general.--A residential mortgage
                transaction may not include terms under which the
                interest rate mortgage that applies after default is
                higher than the interest rate that applies before
                default.
                    ``(B) Construction.--Subparagraph (A) does not
                apply to interest rate changes on a variable rate
                mortgage loan that result from a change in the annual
                percentage rate.
    ``(c) Prohibition on Financing of Insurance Premiums.--
            ``(1) In general.--A residential mortgage transaction may
        not include terms under which any credit life insurance, credit
        disability insurance, credit unemployment insurance, or any
        other life or health insurance premiums are financed, directly
        or indirectly, under the extension of credit.
            ``(2) Construction.--For purposes of paragraph (1),
        insurance premiums calculated and paid by the consumer on a
        monthly basis shall not be considered to be financed by the
        creditor, but only if the consumer has the option to cancel the
        insurance coverage (and related premiums) at any time.
    ``(d) Limitation on Refinancing.--No creditor may knowingly or
intentionally engage in the act or practice of entering into a
residential mortgage transaction that refinances an existing mortgage
unless the new extension of credit is of tangible net benefit to the
consumer, after consideration of--
            ``(1) the terms of both the new and refinanced loans;
            ``(2) the cost of the new loan; and
            ``(3) and the ability of the consumer to repay the new
        loan.''.
    (b) Clerical Amendment.--Chapter 2 of the Truth in Lending Act (15
U.S.C. 1631 et seq.) is amended in the table of contents by inserting
after the item relating to section 129 the following:

``129A. Requirements and limitations for all mortgages.''.

SEC. 7. ENFORCEMENT.

    (a) Board of Governors of the Federal Reserve System.--In addition
to any other applicable penalties, any person that violates section 129
of the Truth in Lending Act (15 U.S.C. 1639), as amended by this Act,
shall be subject to the penalties contained in subsections (a) and (b)
of section 8 of the Bank Holding Company Act of 1956 (12 U.S.C. 1847),
and the authority of the Board of Governors of the Federal Reserve
System under those subsections.
    (b) Unfair or Deceptive Acts or Practices.--
            (1) In general.--A creditor shall be deemed to have engaged
        in an unfair or deceptive act or practice under the Federal
        Trade Commission Act (15 U.S.C. 41 et seq.) if it
        intentionally--
                    (A) structures a mortgage referred to in section
                103(aa) of the Truth in Lending Act (15 U.S.C.
                1602(aa)) as an open end credit plan;
                    (B) provides misleading information to a consumer
                or otherwise engages in fraudulent behavior with
                respect to such a mortgage; or
                    (C) engages in any subterfuge in connection with
                such a mortgage intended to misrepresent the specific
                terms or conditions of the credit agreement.
            (2) Enforcement.--All enforcement authority of the Federal
        Trade Commission under the Federal Trade Commission Act (15
        U.S.C. 41 et seq.) shall apply with respect to an act or
        practice described in paragraph (1) in the same manner and to
        the same extent that such authority otherwise applies to unfair
        or deceptive acts or practices under that Act.

SEC. 8. EFFECT ON OTHER LAWS.

    The extension of credit in the form of a mortgage referred to in
section 103(aa) of the Truth in Lending Act (15 U.S.C. 1602(aa)), as
amended by this Act, may not be taken into consideration by the
appropriate Federal financial supervisory agency for purposes of
assessing the record of a regulated financial institution that is the
creditor or an affiliate or subsidiary of the creditor in such
transaction, in meeting the credit needs of its entire community for
purposes of the Community Reinvestment Act of 1977 (12 U.S.C. 2901 et
seq.).

Output:
(Sec. 4) Sets forth proscriptions and limitations governing high cost home loans including: (1) a proscription against balloon payments; (2) a proscription against a repayment schedule whose regular periodic payments do not cover the full amount of interest due (causing the principal balance to increase); (3) a proscription against prepaid payments; (4) mandatory creditor consideration of debtor's repayment ability; (5) restrictions on creditor's payments under home improvement contracts; (6) a proscription against creditor's sole discretion to accelerate debt repayment; (7) a proscription against modification or deferral fees; (8) a proscription against financing of fees or charges; and (9) a proscription against creditor's benefit from refinancing an existing loan with a new loan.
(Sec. 6) Sets forth additional requirements and limitations for all mortgages, including prohibiting a residential mortgage transaction creditor from: (1) imposing a penalty for prepayment of all or part of the principal; (2) encouraging default on a prior debt or applying a higher post default interest rate mortgage; and (3) financing insurance premiums under the residential mortgage transaction extension of credit.
(Sec. 7) Subjects violations of this Act to certain penalties of the Bank Holding Company Act of 1956 and to the authority of the Board of Governors of the Federal Reserve System.
Subjects certain creditor violations to Federal Trade Commission Act penalties with respect to unfair or deceptive practices.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Streamlined and Improved Methods at
Polling Locations and Early (SIMPLE) Voting Act of 2013''.

SEC. 2. MINIMUM REQUIREMENTS FOR EARLY VOTING AND FOR REDUCING WAITING
              TIMES FOR VOTERS IN FEDERAL ELECTIONS.

    (a) Requirements for States.--
            (1) In general.--Subtitle A of title III of the Help
        America Vote Act of 2002 (42 U.S.C. 15481 et seq.) is amended--
                    (A) by redesignating sections 304 and 305 as
                sections 306 and 307; and
                    (B) by inserting after section 303 the following
                new sections:

``SEC. 304. EARLY VOTING.

    ``(a) In General.--Each State shall allow individuals to vote in an
election for Federal office on each day occurring during the 15-day
period which ends on the second day immediately preceding the date of
the election, in the same manner as voting is allowed on such date.
    ``(b) Minimum Early Voting Requirements.--Each polling place which
allows voting prior to the date of a Federal election pursuant to
subsection (a) shall--
            ``(1) allow such voting for not less than 10 hours on each
        day; and
            ``(2) have uniform hours each day for which such voting
        occurs.
    ``(c) Location of Polling Places Near Public Transportation.--To
the greatest extent practicable, a State shall ensure that each polling
place which allows voting prior to the date of a Federal election
pursuant to subsection (a) is located within reasonable walking
distance of a stop on a public transportation route.
    ``(d) Standards.--
            ``(1) In general.--The Commission shall issue standards for
        the administration of voting prior to the date scheduled for a
        Federal election. Such standards shall include the
        nondiscriminatory geographic placement of polling places at
        which such voting occurs.
            ``(2) Deviation.--The standards described in paragraph (1)
        shall permit States, upon providing adequate public notice, to
        deviate from any requirement in the case of unforeseen
        circumstances such as a natural disaster, terrorist attack, or
        a change in voter turnout.
    ``(e) Effective Date.--This section shall apply with respect to
elections held on or after January 1, 2014.

``SEC. 305. PREVENTING UNREASONABLE WAITING TIMES FOR VOTERS.

    ``(a) Preventing Unreasonable Waiting Times.--
            ``(1) In general.--Each State shall provide a sufficient
        number of voting systems, poll workers, and other election
        resources (including physical resources) at a polling place
        used in any election for Federal office, including a polling
        place at which individuals may cast ballots prior to the date
        of the election, to ensure--
                    ``(A) a fair and equitable waiting time for all
                voters in the State; and
                    ``(B) that no individual will be required to wait
                longer than one hour to cast a ballot at the polling
                place.
            ``(2) Criteria.--In determining the number of voting
        systems, poll workers, and other election resources provided at
        a polling place for purposes of paragraph (1), the State shall
        take into account the following factors:
                    ``(A) The voting age population.
                    ``(B) Voter turnout in past elections.
                    ``(C) The number of voters registered.
                    ``(D) The number of voters who have registered
                since the most recent Federal election.
                    ``(E) Census data for the population served by the
                polling place, such as the proportion of the voting-age
                population who are under 25 years of age or who are
                naturalized citizens.
                    ``(F) The needs and numbers of voters with
                disabilities and voters with limited English
                proficiency.
                    ``(G) The type of voting systems used.
                    ``(H) The length and complexity of initiatives,
                referenda, and other questions on the ballot.
                    ``(I) Such other factors, including relevant
                demographic factors relating to the population served
                by the polling place, as the State considers
                appropriate.
            ``(3) Guidelines.--Not later than 180 days after the date
        of the enactment of this section, the Commission shall
        establish and publish guidelines to assist States in meeting
        the requirements of this subsection.
            ``(4) Rule of construction.--Nothing in this subsection may
        be construed to authorize a State to meet the requirements of
        this subsection by closing any polling place, prohibiting an
        individual from entering a line at a polling place, or refusing
        to permit an individual who has arrived at a polling place
        prior to closing time from voting at the polling place.
    ``(b) Development and Implementation of Contingency Plans.--
            ``(1) In general.--Each State shall develop, and implement
        to the greatest extent practicable, a contingency plan under
        which the State shall provide additional poll workers,
        machines, ballots, and other equipment and supplies (as the
        case may be) on the date of the election to any polling place
        used in an election for Federal office, including a polling
        place at which individuals may cast ballots prior to the date
        of the election, at which waiting times exceed one hour.
            ``(2) Approval of plan by commission.--The State shall
        ensure that the contingency plan developed under paragraph (1)
        is approved by the Commission prior to the date of the election
        involved, in accordance with such procedures as the Commission
        may establish.
    ``(c) Effective Date.--This section shall apply with respect to
elections held on or after January 1, 2014.''.
            (2) Clerical amendment.--The table of contents of such Act
        is amended--
                    (A) by redesignating the items relating to sections
                304 and 305 as relating to sections 306 and 307; and
                    (B) by inserting after the item relating to section
                303 the following new items:

``Sec. 304. Early voting.
``Sec. 305. Preventing unreasonable waiting times for voters.''.
    (b) Report by Election Assistance Commission.--Not later than June
30 of each odd-numbered year, the Election Assistance Commission shall
submit to Congress a report assessing the impact of sections 304 and
305 of the Help America Vote Act of 2002 (as added by subsection (a))
on the administration of elections for Federal office during the
preceding 2-year period, and shall include in the report such
recommendations as the Commission considers appropriate.
    (c) No Effect on Authority of State To Provide for Longer Periods
of Early Voting or Greater Amount of Resources at Polling Places.--
Nothing in this section or in any amendment made by this section may be
construed to prohibit a State, with respect to any election for Federal
office--
            (1) from providing (in an equitable and nondiscriminatory
        manner) a longer period for early voting than the minimum
        period required under section 304 of the Help America Vote Act
        of 2002 (as added by subsection (a)); or
            (2) from providing (in an equitable and nondiscriminatory
        manner) a greater number of systems, poll workers, and other
        election resources at any polling place than the minimum number
        required under section 305 of such Act (as added by subsection
        (a)).

SEC. 3. REQUIREMENTS FOR COUNTING PROVISIONAL BALLOTS; ESTABLISHMENT OF
              UNIFORM AND NONDISCRIMINATORY STANDARDS.

    (a) In General.--Section 302 of the Help America Vote Act of 2002
(42 U.S.C. 15482) is amended--
            (1) by redesignating subsection (d) as subsection (f); and
            (2) by inserting after subsection (c) the following new
        subsections:
    ``(d) Statewide Counting of Provisional Ballots.--
            ``(1) In general.--For purposes of subsection (a)(4),
        notwithstanding the precinct or polling place at which a
        provisional ballot is cast within the State, the appropriate
        election official shall count each vote on such ballot for each
        election in which the individual who cast such ballot is
        eligible to vote.
            ``(2) Effective date.--This subsection shall apply with
        respect to elections held on or after January 1, 2014.
    ``(e) Uniform and Nondiscriminatory Standards.--
            ``(1) In general.--Consistent with the requirements of this
        section, each State shall establish uniform and
        nondiscriminatory standards for the issuance, handling, and
        counting of provisional ballots.
            ``(2) Effective date.--This subsection shall apply with
        respect to elections held on or after January 1, 2014.''.
    (b) Conforming Amendment.--Section 302(f) of such Act (42 U.S.C.
15482(f)), as redesignated by subsection (a), is amended by striking
``Each State'' and inserting ``Except as provided in subsections (d)(2)
and (e)(2), each State''.

SEC. 4. AVAILABILITY OF CIVIL PENALTIES AND PRIVATE RIGHTS OF ACTION TO
              ENFORCE HELP AMERICA VOTE ACT OF 2002.

    (a) Availability of Civil Penalties and Private Rights of Action.--
Section 401 of the Help America Vote Act of 2002 (42 U.S.C. 15511) is
amended to read as follows:

``SEC. 401. ENFORCEMENT.

    ``(a) Action by Attorney General.--
            ``(1) In general.--The Attorney General may bring a civil
        action against any State or jurisdiction in an appropriate
        United States District Court for such declaratory and
        injunctive relief (including a temporary restraining order, a
        permanent or temporary injunction, or other order) as may be
        necessary to carry out the requirements of subtitle A of title
        III.
            ``(2) Assessment of civil money penalty.--In a civil action
        brought under paragraph (1), if the court finds that the State
        or jurisdiction violated any provision of subtitle A of title
        III, it may, to vindicate the public interest, assess a civil
        penalty against the State or jurisdiction--
                    ``(A) in an amount not to exceed $110,000 for each
                such violation, in the case of a first violation; or
                    ``(B) in an amount not to exceed $220,000 for each
                such violation, for any subsequent violation.
            ``(3) Intervention.--Upon timely application, a person
        aggrieved by a violation of subtitle A of title III with
        respect to which a civil action is commenced under paragraph
        (1) may intervene in such action, and may obtain such
        appropriate relief as the person could obtain in a civil action
        under subsection (b) with respect to that violation, along with
        costs and a reasonable attorney fee.
            ``(4) Report to congress.--Not later than December 31 of
        each year, the Attorney General shall submit to Congress an
        annual report on any civil action brought under paragraph (1)
        during the preceding year.
    ``(b) Private Right of Action.--
            ``(1) Availability.--A person who is aggrieved by a State's
        or jurisdiction's violation of subtitle A of title III may
        bring a civil action in an appropriate United States District
        Court for such declaratory or injunctive relief as may be
        necessary to carry out the requirements of such subtitle.
            ``(2) Costs and attorney fees.--The court may award to a
        person aggrieved by a violation of subtitle A of title III who
        prevails in an action brought under paragraph (1) the costs of
        the action, including a reasonable attorney fee.''.
    (b) Clerical Amendment.--The table of contents of such Act is
amended by amending the item relating to section 401 to read as
follows:

``Sec. 401. Enforcement.''.
    (c) Effective Date.--The amendments made by this section shall
apply with respect to violations alleged to have occurred on or after
the date of the enactment of this Act.

Output: Streamlined and Improved Methods at Polling Locations and Early (SIMPLE) Voting Act of 2013 - Amends the Help America Vote Act of 2002 (HAVA) to require each state to allow individuals to vote in a federal election on each day during the 15-day period ending on the second day immediately preceding the election date in the same manner as voting is allowed on election day. Requires a state to ensure that each polling place that allows early voting in a federal election is located within reasonable walking distance of a stop on a public transportation route. Requires  the Election Assistance Commission to issue standards for the administration of early voting in a federal election. Requires each state to provide a sufficient number of voting systems, poll workers, and other election resources (including physical resources) at a polling place used in a federal election to ensure: (1) a fair and equitable waiting time for all voters in the state, and (2) that no individual will be required to wait longer than one hour to cast a ballot at the polling place. Requires each state to develop, and implement to the greatest extent practicable, a contingency plan under which it shall provide any polling place on a federal election day whose waiting times exceed one hour with additional poll workers, machines, ballots, and other equipment and supplies, including a polling place at which individuals may cast ballots before the election date.  Requires the Commission to report to Congress biennially on the impact of this Act's early voting and waiting time provisions on the administration of elections for federal office. Prescribes requirements for the counting of provisional ballots that will be treated as votes. Allows civil money penalties, intervention by aggrieved parties, and private actions to address HAVA violations by a state or jurisdiction.


Input:
SECTION 1. REPEAL OF 1993 INCREASES IN HIGHWAY MOTOR FUEL TAXES.

    (a) Highway Gasoline.--Clause (i) of section 4081(a)(2)(A) of the
Internal Revenue Code of 1986 is amended by striking ``18.3 cents'' and
inserting ``14 cents''.
    (b) Diesel Fuel and Kerosene.--Clause (iii) of section
4081(a)(2)(A) of such Code is amended by striking ``24.3 cents'' and
inserting ``20 cents''.
    (c) Technical Amendments.--
            (1) Subparagraph (B) of section 40(e)(1) of such Code is
        amended by striking ``during which the rates of tax under
        section 4081(a)(2)(A) are 4.3 cents per gallon'' and inserting
        ``during which the rate of tax under section 4081(a)(2)(A)(i)
        does not apply''.
            (2) Subparagraph (A) of section 4041(a)(1) of such Code is
        amended by striking ``or a diesel-powered train'' each place it
        appears and by striking ``or train''.
            (3) Subparagraph (C) of section 4041(a)(1) of such Code is
        amended by striking clause (ii) and by redesignating clause
        (iii) as clause (ii).
            (4) Subclause (I) of section 4041(a)(1)(C)(ii) of such
        Code, as redesignated by paragraph (3), is amended by striking
        ``7.3 cents'' and inserting ``3 cents'' and by striking ``4.3
        cents per gallon'' and inserting ``zero''.
            (5) Subsection (a) of section 4041 of such Code is amended
        by striking paragraph (3).
            (6) Subparagraph (C) of section 4041(b)(1) of such Code is
        amended by striking all that follows ``section 6421(e)(2)'' and
        inserting a period.
            (7) Subparagraph (B) of section 4041(a)(2) of such Code is
        amended by striking all that follows clause (i) and inserting
        the following new clauses:
                            ``(ii) 10.4 cents per gallon in the case of
                        liquefied petroleum gas, and
                            ``(iii) 9.1 cents per gallon in the case of
                        liquefied natural gas.''
            (8) Paragraph (3) of section 4041(c) of such Code is
        amended to read as follows:
            ``(3) Termination.--The rate of the taxes imposed by
        paragraph (1) shall be zero after September 30, 2007.''
            (9) Subsection (d) of section 4041 of such Code is amended
        by redesignating paragraph (3) as paragraph (4) and by
        inserting after paragraph (2) the following new paragraph:
            ``(3) Diesel fuel used in trains.--There is hereby imposed
        a tax of 0.1 cent per gallon on any liquid other than gasoline
        (as defined in section 4083)--
                    ``(A) sold by any person to an owner, lessee, or
                other operator of a diesel-powered train for use as a
                fuel in such train, or
                    ``(B) used by any person as a fuel in a diesel-
                powered train unless there was a taxable sale of such
                fuel under subparagraph (A).
        No tax shall be imposed by this paragraph on the sale or use of
        any liquid if tax was imposed on such liquid under section
        4081.''
            (10) Clauses (i) and (ii) of section 4041(m)(1)(A) of such
        Code are amended to read as follows:
                            ``(i) 7 cents per gallon on and after the
                        date of the enactment of this clause and before
                        October 1, 2005, and
                            ``(ii) zero after September 30, 2005,
                        and''.
            (11) Subsection (c) of section 4081 of such Code is amended
        by striking paragraph (6) and by redesignating paragraphs (7)
        and (8) as paragraphs (6) and (7), respectively.
            (12) Paragraph (1) of section 4081(d) of such Code is
        amended by striking ``4.3 cents per gallon'' and inserting
        ``zero''.
            (13) Subsection (f) of section 4082 of such Code is amended
        by striking ``section 4041(a)(1)'' and inserting ``subsections
        (d)(3) and (a)(1) of section 4041, respectively''.
            (14) Paragraph (3) of section 4083(a) of such Code is
        amended by striking ``or a diesel-powered train''.
            (15) Paragraph (3) of section 6421(f) of such Code is
        amended to read as follows:
            ``(3) Gasoline used in trains.--In the case of gasoline
        used as a fuel in a train, this section shall not apply with
        respect to the Leaking Underground Storage Tank Trust Fund
        financing rate under section 4081.''
            (16) Subparagraph (A) of section 6427(b)(2) of such Code is
        amended by striking ``7.4 cents'' and inserting ``3.1 cents''.
            (17) Paragraph (3) of section 6427(l) of such Code is
        amended to read as follows:
            ``(3) Refund of certain taxes on fuel used in diesel-
        powered trains.--For purposes of this subsection, the term
        `nontaxable use' includes fuel used in a diesel-powered train.
        The preceding sentence shall not apply to the tax imposed by
        section 4041(d) and the Leaking Underground Storage Tank Trust
        Fund financing rate under section 4081 except with respect to
        fuel sold for exclusive use by a State or any political
        subdivision thereof.''
    (d) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.
    (e) Floor Stock Refunds.--
            (1) In general.--If--
                    (A) before the date of the enactment of this Act,
                tax has been imposed under section 4081 of the Internal
                Revenue Code of 1986 on any liquid, and
                    (B) on such date such liquid is held by a dealer
                and has not been used and is intended for sale,
        there shall be credited or refunded (without interest) to the
        person who paid such tax (hereafter in this subsection referred
        to as the ``taxpayer'') an amount equal to the excess of the
        tax paid by the taxpayer over the amount of such tax which
        would be imposed on such liquid had the taxable event occurred
        on such date.
            (2) Time for filing claims.--No credit or refund shall be
        allowed or made under this subsection unless--
                    (A) claim therefor is filed with the Secretary of
                the Treasury before the date which is 6 months after
                the date of the enactment of this Act, based on a
                request submitted to the taxpayer before the date which
                is 3 months after such date of enactment, by the dealer
                who held the liquid on such date of enactment, and
                    (B) the taxpayer has repaid or agreed to repay the
                amount so claimed to such dealer or has obtained the
                written consent of such dealer to the allowance of the
                credit or the making of the refund.
            (3) Exception for fuel held in retail stocks.--No credit or
        refund shall be allowed under this subsection with respect to
        any liquid in retail stocks held at the place where intended to
        be sold at retail.
            (4) Definitions.--For purposes of this subsection, the
        terms ``dealer'' and ``held by a dealer'' have the respective
        meanings given to such terms by section 6412 of such Code.
            (5) Certain rules to apply.--Rules similar to the rules of
        subsections (b) and (c) of section 6412 of such Code shall
        apply for purposes of this subsection.

Output: Amends the Internal Revenue Code to reduce by 4.3 cents the tax on non-aviation gasoline, diesel fuel, and kerosene.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Put School Counselors Where They're
Needed Act''.

SEC. 2. DEMONSTRATION PROJECT FOR ADDITIONAL SECONDARY SCHOOL
              COUNSELORS.

    (a) In General.--Part H of title I of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6551 et seq.) is amended by adding at
the end the following:

  ``Subpart 3--Demonstration Project for Additional Secondary School
                               Counselors

``SEC. 1841. FINDINGS.

    ``Congress finds the following:
            ``(1) Nationally, only 70 percent of students graduate from
        high school with a regular high school diploma.
            ``(2) Every school day, 7,000 high school students in the
        United States become dropouts.
            ``(3) High school students living in low-income families
        drop out of school at 6 times the rate of their peers from
        high-income families.
            ``(4) Only about 55 percent of African-American students
        and 52 percent of Hispanic students graduate on time from high
        school with a regular diploma, compared to 78 percent of white
        students.
            ``(5) The dropout rate for students with disabilities is
        approximately twice that of general education students.
            ``(6) High school is the final transition into adulthood
        and the world of work as students begin separating from parents
        and exploring and defining their independence. Students who are
        deciding who they are and what they will do when they graduate
        face many pressures, including high-stakes testing, the
        challenges of college admissions, the scholarship and financial
        aid application process, and entrance into a competitive job
        market. They need guidance in these complex decisions, which
        have serious and life changing consequences.
            ``(7) School counseling programs are essential for students
        to achieve optimal personal growth, acquire positive social
        skills and values, set appropriate career goals, and realize
        full academic potential to become productive, contributing
        members of the world community.
            ``(8) Professional secondary school counselors are highly
        qualified educators with a mental health perspective who
        understand and respond to the challenges presented by today's
        diverse student population.
            ``(9) The professional secondary school counselor holds a
        master's degree or higher in school counseling (or the
        substantial equivalent), and is certified or licensed by the
        State in which the counselor works.
            ``(10) Professional secondary school counselors are
        integral to the total educational program. They provide
        proactive leadership that engages all stakeholders in the
        delivery of programs and services to help the student achieve
        success in school. Professional secondary school counselors
        align and work with the school's mission to support the
        academic achievement of all students as they prepare for the
        ever-changing world of the 21st century.
            ``(11) Professional secondary school counselors'
        opportunities to assist students are often hindered by
        extraordinarily high student-to-counselor ratios. Currently,
        the average student-to-counselor ratio in America's public
        schools is 479 to 1. The American School Counselor Association,
        the American Counseling Association, and the National
        Association for College Admissions Counseling all recommend a
        ratio of 1 school counselor to 250 students and a lower ratio
        for counselors working primarily with students at risk.

``SEC. 1842. DEMONSTRATION PROJECT.

    ``(a) In General.--From amounts made available to carry out this
subpart, the Secretary shall carry out a demonstration project under
which the Secretary makes grants on a competitive basis to secondary
schools that receive funds under this title and have a 4-year adjusted
cohort graduation rate of 60 percent or lower.
    ``(b) Grants.--A grant under this section shall be for a period of
4 years and may be used--
            ``(1) to provide additional school counselors during that
        period; and
            ``(2) to provide additional resources (such as professional
        development expenses or travel expenses for home visits, and
        any services and materials referred to in subsection (d)) and
        to pay overhead expenses.
    ``(c) Sense of Congress.--It is the sense of Congress that a
secondary school that receives a grant under this section should aim to
provide, under subsection (b)(1), 1 additional counselor per 250
students at risk.
    ``(d) Scope of Counseling.--The additional school counselors
provided with funds under this subpart shall identify students who are
at risk of not graduating in 4 years and shall provide counseling
primarily to those students. The counselors may identify such students
at any time, but shall strive to identify the students before the
students enter grade 9. Services shall be provided as long as
necessary, including to the extent allowable and appropriate, after the
student's cohort graduation date. The counseling provided--
            ``(1) may include a full panoply of services, including an
        individual graduation plan and other resources, such as
        appropriate course placement and supplemental services (to
        include not only supplemental educational services tutoring if
        available at the school site, but also other tutoring as
        necessary, along with supplemental books and materials); and
            ``(2) shall include meetings with each student identified
        under this subsection and with the teachers, tutors,
        supplemental educational services providers, and parents of the
        student, and may also include meetings with other relevant
        individuals, such as a probation officer, mentor, coach, or
        employer of the student.
    ``(e) Supplement Not Supplant.--Funds provided under this subpart
shall be used to supplement, and not supplant, funds from non-Federal
sources available to carry out activities described in this section.
The additional school counselors provided through funds under this
subpart shall be in addition to any employees who work in the secondary
school guidance or counseling office, such as counselors, college
admissions specialists, career development specialists, guidance
information specialists, or any other professional or paraprofessional.
    ``(f) Additional Grant Periods.--
            ``(1) In general.--A secondary school that receives a grant
        under this section and demonstrates adequate improvement over
        the period of the grant is eligible to receive a second grant
        for a second period. If the secondary school again demonstrates
        adequate improvement over that second period, the school is
        eligible to receive a third grant for a third period. The third
        grant shall provide amounts that decrease for each year of the
        third period and require the school to provide corresponding
        increases in non-Federal funds.
            ``(2) Adequate improvement.--For purposes of paragraph (1),
        a school demonstrates adequate improvement over a grant period
        if the 4-year adjusted cohort graduation rate increases (or is
        projected to increase) by 10 percent or more over that period.
    ``(g) Selection.--The Secretary shall carry out the demonstration
project under this section in not less than 10 schools. The first 5
schools selected to participate shall each be from a different State.

``SEC. 1843. DEFINITIONS.

    ``In this subpart:
            ``(1) 4-year adjusted cohort graduation rate.--The term `4-
        year adjusted cohort graduation rate' means the number of
        students who earned a regular high school diploma at the
        conclusion of their fourth year, before their fourth year, or
        during a summer session immediately following their fourth
        year, divided by the number of students who formed the adjusted
        cohort for that graduating class.
            ``(2) Adjusted cohort.--
                    ``(A) In general.--Subject to subparagraphs (B),
                (C), (D), (E), and (F), the term `adjusted cohort'
                means the students who entered grade 9 together, and
                any students that transferred into the cohort in grade
                9 through 12 minus any students removed from the cohort
                as described in subparagraph (C).
                    ``(B) Transfers in.--The term `transfers in' means
                enrolls or re-enrolls after the beginning of the
                entering cohort's first year in high school, up to and
                including in grade 12.
                    ``(C) Cohort removal.--To remove students from a
                cohort, the school or local educational agency shall
                confirm that the student--
                            ``(i) has transferred out;
                            ``(ii) is in the custody of the juvenile
                        justice system; or
                            ``(iii) is deceased.
                    ``(D) Transfers out.--
                            ``(i) In general.--Subject to clauses (ii),
                        (iii), and (iv), the term `transfers out' means
                        transfers to another school, local educational
                        agency, or other educational program from which
                        the student is expected to receive a regular
                        high school diploma.
                            ``(ii) Confirmation.--Confirmation of a
                        student's transfer to another school, local
                        educational agency, or program requires formal
                        documentation that the student enrolled in the
                        receiving school.
                            ``(iii) Not considered transfers.--A
                        student who enrolls in a GED or other
                        alternative educational program that does not
                        issue or provide credits toward the issuance of
                        a regular high school diploma shall not be
                        considered to have transferred out for purposes
                        of this subparagraph.
                            ``(iv) Remain in cohort.--A student who was
                        enrolled in a school, but for whom there is no
                        confirmation of transfer or completion, may not
                        be labeled a transfer or error, but shall
                        remain in the cohort as a non-graduate for
                        reporting and accountability purposes.
                    ``(E) Treatment of other leavers and withdrawals.--
                A student who was retained in a grade, enrolled in a
                GED program, or left school for any other reason may
                not be counted as a transfer out for the purpose of
                calculating graduation rates and shall remain in the
                adjusted cohort.
                    ``(F) Special rule.--For those high schools that
                start after ninth grade, the cohort shall be calculated
                based on the earliest high school grade.
            ``(3) Regular high school diploma.--
                    ``(A) In general.--The term `regular high school
                diploma' means the standard high school diploma awarded
                to the preponderance of students in the State that is
                fully aligned with State standards, or a higher
                diploma, and does not include GEDs, certificates of
                attendance, or any lesser diploma award.
                    ``(B) Special rule.--For a student who has a
                significant cognitive disability and is assessed using
                an alternate assessment aligned to alternate
                achievement standards, receipt of a regular high school
                diploma or State-defined alternate diploma aligned with
                completion of the student's entitlement under the
                Individuals with Disabilities Education Act shall be
                counted as a graduate with a regular high school
                diploma for the purposes of this subpart. Not more than
                1 percent of students in a school may be counted as
                graduates with a regular high school diploma under this
                subparagraph.

``SEC. 1844. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to carry out this subpart
$6,000,000 for each of fiscal years 2008 through 2011.''.
    (b) Table of Contents.--The table of contents in section 2 of the
Elementary and Secondary Education Act of 1965 is amended by inserting
after the item relating to section 1830 the following:

  ``subpart 3--demonstration project for additional secondary school
                               counselors

``Sec. 1841. Findings.
``Sec. 1842. Demonstration project.
``Sec. 1843. Definitions.
``Sec. 1844. Authorization of appropriations.''.

Output:
Put School Counselors Where They're Needed Act - Amends the Elementary and Secondary Education Act of 1965 to direct the Secretary of Education to implement a demonstration project providing competitive, four-year grants to at least 10 secondary schools that have a four-year adjusted cohort graduation rate of 60% or lower, for the provision of additional school counselors and counselor resources.

Expresses the sense of Congress that grantees should provide one additional counselor for every 250 students at risk.

Requires the additional school counselors to serve primarily students identified as being at risk of not graduating in four years.

Makes grantees that demonstrate progress in improving their graduation rates eligible for subsequent grants.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Auction Reform Act of 2002''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) Circumstances in the telecommunications market have
        changed dramatically since the auctioning of spectrum in the
        700 megahertz band was originally mandated by Congress in 1997,
        raising serious questions as to whether the original deadlines,
        or the subsequent revision of the deadlines, are consistent
        with sound telecommunications policy and spectrum management
        principles.
            (2) No comprehensive plan yet exists for allocating
        additional spectrum for third-generation wireless and other
        advanced communications services. The Federal Communications
        Commission should have the flexibility to auction frequencies
        in the 700 megahertz band for such purposes.
            (3) The study being conducted by the National
        Telecommunications and Information Administration in
        consultation with the Department of Defense to determine
        whether the Department of Defense can share or relinquish
        additional spectrum for third-generation wireless and other
        advanced communications services will not be completed until
        after the June 19th auction date for the upper 700 megahertz
        band, and long after the applications must be filed to
        participate in the auction, thereby creating further
        uncertainty as to whether the frequencies in the 700 megahertz
        band will be put to their highest and best use for the benefit
        of consumers.
            (4) The Federal Communications Commission is also in the
        process of determining how to resolve the interference problems
        that exist in the 800 megahertz band, especially for public
        safety. One option being considered for the 800 megahertz band
        would involve the 700 megahertz band. The Commission should not
        hold the 700 megahertz auction before the 800 megahertz
        interference issues are resolved or a tenable plan has been
        conceived.
            (5) The 700 megahertz band is currently occupied by
        television broadcasters, and will be so until the transfer to
        digital television is completed. This situation creates a
        tremendous amount of uncertainty concerning when the spectrum
        will be available and reduces the value placed on the spectrum
        by potential bidders. The encumbrance of the 700 megahertz band
        reduces both the amount of money that the auction would be
        likely to produce and the probability that the spectrum would
        be purchased by the entities that valued the spectrum the most
        and would put the spectrum to its most productive use.
            (6) The Commission's rules governing voluntary mechanisms
        for vacating the 700 megahertz band by broadcast stations--
                    (A) produced no certainty that the band would be
                available for advanced mobile communications services,
                public safety operations, or other wireless services
                any earlier than the existing statutory framework
                provides; and
                    (B) should advance the transition of digital
                television and must not result in the unjust enrichment
                of any incumbent licensee.

SEC. 3. REPEAL OF DEADLINES FOR SPECTRUM AUCTIONS.

    (a) Communications Act of 1934.--Section 309(j)(14)(C)(ii) of the
Communications Act of 1934 (47 U.S.C. 309(j)(14)(C)(ii)) is amended by
striking the second sentence.
    (b) Balanced Budget Act of 1997.--Section 3007 of the Balanced
Budget Act of 1997 (111 Stat. 269) is amended by adding at the end the
following new sentence: ``This section shall not apply to the band of
frequencies between 698 and 806 megahertz, inclusive.''.
    (c) Consolidated Appropriations Act.--Paragraphs (2) and (3) of
section 213(a) of H.R. 3425 of the 106th Congress, as enacted into law
by section 1000(a)(5) of an Act making consolidated appropriations for
the fiscal year ending September 30, 2000, and for other purposes
(Public Law 106-113; 113 Stat. 1501A-295), are repealed.

SEC. 4. TERMINATION OF SCHEDULED AUCTIONS.

    (a) Termination.--The Federal Communications Commission shall not
commence or conduct auctions 31 and 44 on June 19, 2002, as specified
in the public notices of March 19, 2002, and March 20, 2002 (DA 02-659
and DA 02-563).
    (b) Report.--Within one year after the date of enactment of this
Act, the Commission shall submit a report to the Congress--
            (1) specifying when the Commission intends to reschedule
        auctions 31 and 44; and
            (2) describing the progress made by the Commission in the
        digital television transition and in the assignment and
        allocation of additional spectrum for advanced mobile
        communications services that warrants the scheduling of such
        auctions.

Output: Auction Reform Act of 2002 - Amends the Communications Act of 1934, the Balanced Budget Act of 1997, and other Federal law to repeal current deadlines for licenses for and auctioning of electromagnetic spectrum used by analog television broadcasters (which includes spectrum in the general 700 megahertz range). Prohibits the Federal Communications Commission (FCC) from commencing or conducting spectrum auctions 31 and 44, currently scheduled for June 19, 2002.Requires the FCC to report to Congress: (1) specifying when it intends to reschedule such auctions; and (2) describing progress made in the transition from analog to digital television and in the assignment and allocation of additional spectrum for advanced mobile communications services that warrants the scheduling of such auctions.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Adolescent Web Awareness Requires
Education Act'' or the ``AWARE Act''.

SEC. 2. GRANT PROGRAM.

    (a) Authority To Make Grants.--
            (1) In general.--Subject to subsection (e)(1), the Attorney
        General shall make grants to eligible entities to carry out an
        Internet crime awareness and cybercrime prevention program.
            (2) Period.--A grant under this section shall be for a 2-
        year period.
    (b) Application.--An eligible entity desiring a grant under this
section shall submit an application to the Attorney General, which
shall include--
            (1) a description of the partnership arrangements, if any,
        of the eligible entity relating to the activities to be carried
        out with the grant;
            (2) a description of the measurable goals of the eligible
        entity relating to the activities to be carried out with the
        grant;
            (3) a description of how the Internet crime awareness and
        cybercrime prevention program of the eligible entity shall
        achieve the measurable goals described in paragraph (2);
            (4) a description of the plan of the eligible entity to
        continue to implement the Internet crime awareness and
        cybercrime prevention program after the grant under this
        section ends;
            (5) a description of how funds under the grant may be used
        and coordinated with Internet crime awareness and cybercrime
        prevention programs being carried out on the date of enactment
        of this Act or other Internet crime awareness and cybercrime
        prevention programs established with grants under this section;
            (6) a description of the target audience under the proposed
        Internet crime awareness and cybercrime prevention program;
            (7) a certification that the eligible entity enforces the
        operation of measures which prevent the Internet from being
        used to victimize children if the eligible entity provides
        Internet access to minors; and
            (8) any other information or assurances required by the
        Attorney General.
    (c) Prioritization.--In making grants under this section, the
Attorney General shall give priority to an eligible entity that--
            (1) identifies and targets children at-risk of engaging in
        cybercrimes or becoming crime victims;
            (2) works in partnership with the private sector, law
        enforcement, the philanthropic community, the media,
        researchers, social services organizations, or other community-
        based groups;
            (3) provides Internet crime awareness and cybercrime
        prevention programs at no cost to students or schools;
            (4) accommodates different languages and language
        proficiencies;
            (5) accommodates differing levels of technological
        sophistication; or
            (6) has a viable plan to sustain the Internet crime
        awareness and cybercrime prevention program after the grant
        program ends.
    (d) Use of Funds.--An eligible entity may use a grant under this
section to--
            (1) identify, develop, and implement Internet crime
        awareness and cybercrime prevention programs, including
        educational technology, multimedia and interactive
        applications, online resources, and lesson plans;
            (2) provide professional training to elementary and
        secondary school teachers, administrators, and other staff on
        crime awareness and cybercrime prevention;
            (3) educate parents about teaching their children how to
        protect themselves from becoming victims of Internet crime;
            (4) develop Internet crime awareness and cybercrime
        prevention programs for children;
            (5) train and support peer-driven Internet crime awareness
        and cybercrime prevention initiatives;
            (6) coordinate and fund research initiatives that
        investigate online risks to children and Internet crime
        awareness and cybercrime prevention; or
            (7) develop and implement public education campaigns to
        promote awareness of crimes against children on the Internet
        and the prevention of such crimes.
    (e) Grant Guidance.--
            (1) In general.--Before making grants under this section,
        and not later than 1 month after the date on which the study
        under paragraph (3)(A) is completed, the Attorney General, in
        consultation with education groups, Internet crime awareness
        and cybercrime prevention groups, and other relevant experts in
        the field of new media and child safety, shall issue detailed
        guidance for the grant program under this section.
            (2) Contents of guidance.--The grant guidance shall be
        implemented by the Attorney General in accordance with best
        practices relating to Internet crime awareness and cybercrime
        prevention and the research-based recommendations derived from
        the study conducted under paragraph (3)(A).
            (3) Internet crime awareness and cybercrime prevention
        research.--
                    (A) Initial research.--The Attorney General shall
                enter into contracts with 1 or more private companies,
                government agencies, or nonprofit organizations to
                complete a study, not later than 6 months after the
                date of enactment of this Act, regarding--
                            (i) the nature, prevalence, and quality of
                        Internet crime awareness and cybercrime
                        prevention programs and any evidence-based
                        research conducted relating to the programs;
                            (ii) findings regarding which children are
                        most at risk of becoming crime victims;
                            (iii) gaps in Internet crime awareness and
                        cybercrime prevention and youth online risk
                        research; and
                            (iv) any other area determined appropriate
                        by the Attorney General.
                    (B) Additional research.--Subject to the
                availability of appropriations, the Attorney General
                shall enter into contracts with private companies,
                government agencies, or nonprofit organizations to
                conduct additional research regarding the issues
                described in subparagraph (A). Any research conducted
                under this subparagraph shall be included in the
                reports under subsection (g)(3).
    (f) Technical Assistance.--The Attorney General shall provide
technical assistance to eligible entities that receive a grant under
this section, which may include maintaining a Web site to facilitate
outreach and communication among the eligible entities that receive a
grant under this section.
    (g) Reports.--
            (1) Eligible entities.--An eligible entity that receives a
        grant under this section shall submit to the Attorney General
        and make public an annual report regarding the activities
        carried out using funds made available under the grant, which
        shall include--
                    (A) a description of how the eligible entity
                implemented the Internet crime awareness and cybercrime
                prevention program carried out with the grant;
                    (B) a detailed description of the audience reached;
                    (C) an analysis of whether and to what degree the
                goals for the Internet crime awareness and cybercrime
                prevention program were met;
                    (D) an analysis of the challenges, if any, that
                interfered with achieving the goals described in
                subparagraph (C);
                    (E) plans for future Internet crime awareness and
                cybercrime prevention programs; and
                    (F) an accounting of the funds used.
            (2) Compilation of annual reports for revised grant
        guidance.--The Attorney General shall--
                    (A) review the report under paragraph (1) submitted
                by each eligible entity that receives a grant under
                this section during the first fiscal year for which
                grants under this section are made; and
                    (B) not later than 6 months after the date on which
                all reports described in subparagraph (A) are
                submitted, modify, as appropriate, the grant guidance
                based on the reports.
            (3) Reports to congress.--Not later than 27 months after
        the date on which the Attorney General makes the first grant
        under this section, and annually thereafter, the Attorney
        General shall submit to Congress a report regarding the grant
        program under this section, which shall include--
                    (A) a compilation of the information and findings
                of the annual reports submitted under paragraph (1);
                    (B) the findings and conclusions of the Attorney
                General, including findings and conclusions relating to
                the effectiveness of Internet crime awareness and
                cybercrime prevention programs carried out using a
                grant under this section; and
                    (C) best practices identified by the Attorney
                General relating to Internet crime awareness and
                cybercrime prevention.
    (h) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated to
        the Attorney General to carry out this section $25,000,000 for
        each of fiscal years 2010 through 2014.
            (2) Limitation.--Of amounts made available to carry out
        this section, not more than 5 percent shall be available to
        carry out subsections (e), (f), and (g)(2).

SEC. 3. DEFINITIONS.

    In this Act, the following definitions apply:
            (1) Eligible entity.--The term ``eligible entity'' means--
                    (A) a partnership between a State educational
                agency and 1 or more local educational agencies (as
                those terms are defined in section 9101 of the
                Elementary and Secondary Education Act of 1965 (20
                U.S.C. 7801)) of the State;
                    (B) a local educational agency;
                    (C) a nonprofit organization; or
                    (D) a consortium of elementary schools or secondary
                schools (as those terms are defined in section 9101 of
                the Elementary and Secondary Education Act of 1965 (20
                U.S.C. 7801)) collaborating with an entity described in
                subparagraph (A), (B), or (C).
            (2) Grant guidance.--The term ``grant guidance'' means the
        grant guidance issued under section 2(e)(1).
            (3) Internet crime awareness and cybercrime prevention
        program.--The term ``Internet crime awareness and cybercrime
        prevention program'' means an age-appropriate, research-based
        program that prevents children from becoming the victims of
        Internet crime by encouraging safe and responsible use of the
        Internet, promoting an informed, critical understanding of
        Internet dangers, and educating children, parents, and
        communities about how to prevent or respond to problems or
        dangers related to the Internet or new media.
            (4) New media.--The term ``new media''--
                    (A) means emerging digital, computerized, or
                networked information and communication technologies
                that often have interactive capabilities; and
                    (B) includes email, instant messaging, text
                messaging, Web sites, blogs, interactive gaming, social
                media, cell phones, and mobile devices.
            (5) Nonprofit.--The term ``nonprofit'' means an
        organization that is described in section 501(c) of the
        Internal Revenue Code of 1986 and exempt from tax under section
        501(a) of that Code.

Output:
Adolescent Web Awareness Requires Education Act or the AWARE Act - Directs the Attorney General to: (1) make two-year grants to certain educational agencies, nonprofit organizations, and schools to carry out Internet crime awareness and cybercrime prevention programs; (2) grant priority in making such grants to entities that meet specified criteria, including the identification and targeting of children-at-risk of engaging in cybercrimes or becoming crime victims; (3) contract for research studies on Internet crime awareness and prevention; and (4) provide technical assistance and guidance to grant recipients.

Authorizes grant recipients to use funds for specified purposes, including identifying, developing, and implementing Internet crime awareness and cybercrime prevention and public awareness programs, providing professional training to teachers and school personnel on cybercrime awareness and prevention, and coordinating and funding research to investigate online risks to children.