Input:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Pathways to an
Affordable Education Act''.
    (b) Table of Contents.--The table of contents for this Act is as
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Increasing the Federal Pell Grant and adding a cost of living
                            adjustment.
Sec. 3. Funding the Federal Pell Grant program through mandatory
                            appropriations.
Sec. 4. Mandatory Federal Pell Grant increases.
Sec. 5. Federal Pell Grant duration limit.
Sec. 6. Restoration of eligibility for year-round Federal Pell Grants.
Sec. 7. Expansion of Pell Grant exclusion from gross income.
Sec. 8. Federal Pell Grant early communication.
Sec. 9. Contribution from adjusted available income.

SEC. 2. INCREASING THE FEDERAL PELL GRANT AND ADDING A COST OF LIVING
              ADJUSTMENT.

    (a) In General.--Section 401(b)(2)(A) of the Higher Education Act
of 1965 (20 U.S.C. 1070a(b)(2)(A)) is amended by striking clauses (i)
and (ii) and inserting the following:
                            ``(i)(I) for award year 2017-2018, $9,139;
                        and
                            ``(II) for award year 2018-2019 and each
                        subsequent award year, the amount of the
                        maximum Federal Pell Grant determined under
                        this clause for the immediately preceding award
                        year, increased by a percentage equal to the
                        estimated percentage increase, if any, in the
                        Consumer Price Index (as determined by the
                        Secretary, using the definition in section
                        478(f)) for the most recent calendar year
                        ending prior to the beginning of that award
                        year; plus
                            ``(ii) any additional amount specified for
                        the maximum Federal Pell Grant in the last
                        enacted appropriation Act applicable to that
                        award year, less''.
    (b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to Federal Pell Grants awarded under section 401 of
the Higher Education Act of 1965 (20 U.S.C. 1070a) for award year 2017-
2018 and each succeeding award year.

SEC. 3. FUNDING THE FEDERAL PELL GRANT PROGRAM THROUGH MANDATORY
              APPROPRIATIONS.

    (a) In General.--Section 401(b) of the Higher Education Act of 1965
(20 U.S.C. 1070a(b)) is amended--
            (1) in paragraph (2), by adding at the end the following:
            ``(C)(i) For fiscal year 2017 and each succeeding fiscal
        year, there are appropriated, out of any money in the Treasury
        not otherwise appropriated, such sums as may be necessary to
        provide, in combination with any amounts separately
        appropriated under subparagraph (A)(ii), Federal Pell Grants
        under this section in the amount specified in subparagraph (A)
        to all eligible students.
            ``(ii) The amounts made available by clause (i) for any
        fiscal year shall be available beginning on October 1 of that
        fiscal year, and shall remain available through September 30 of
        the succeeding fiscal year.''; and
            (2) by striking paragraph (7).
    (b) Effective Date.--The amendments made by subsection (a) shall
apply with respect to Federal Pell Grants awarded under section 401 of
the Higher Education Act of 1965 (20 U.S.C. 1070a) for award year 2017-
2018 and each succeeding award year.

SEC. 4. MANDATORY FEDERAL PELL GRANT INCREASES.

    (a) Increases.--Section 401(b) of the Higher Education Act of 1965
(20 U.S.C. 1070a(b)) (as amended by this Act) is further amended--
            (1) in paragraph (2)--
                    (A) by striking ``(2)'' and all that follows
                through ``The amount of the Federal Pell Grant'' and
                inserting ``(2)(A) The amount of the Federal Pell
                Grant'';
                    (B) by moving the margins of subparagraph (A) two
                ems to the left; and
                    (C) in subparagraph (A)--
                            (i) by redesignating clause (iii) as clause
                        (iv); and
                            (ii) by inserting after clause (ii) the
                        following new clause (iii):
                    ``(iii) the amount of the increase calculated under
                paragraph (7), less''; and
            (2) by adding at the end the following new paragraph:
    ``(7)(A) The amount of the maximum Federal Pell Grant for which an
eligible student is eligible during an award year, as specified in
paragraph (2)(A) for that award year, shall be increased by the
difference between--
            ``(i) the average total cost of attendance for first-time,
        full-time undergraduate students in the United States at public
        2-year institutions for students living on-campus, as
        determined by the National Center for Education Statistics, for
        the last academic year preceding the beginning of the fiscal
        year for which the increase is made; and
            ``(ii) the amount of the maximum Federal Pell Grant for
        which a student is eligible during an award year, as specified
        in paragraph (2)(A) for that award year.
    ``(B) For purposes of subparagraph (A), an eligible student is an
otherwise eligible student who has a negative or zero estimated family
contribution.''.
    (b) Effective Date.--The amendments made by subsection (a) shall
apply with respect to Federal Pell Grants awarded under section 401 of
the Higher Education Act of 1965 (20 U.S.C. 1070a) for award year 2017-
2018 and each succeeding award year.

SEC. 5. FEDERAL PELL GRANT DURATION LIMIT.

    (a) In General.--Section 401(c)(5) of the Higher Education Act of
1965 (20 U.S.C. 1070a(c)(5)) is amended by striking ``12 semesters''
and inserting ``15 semesters'' each place the term appears.
    (b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to Federal Pell Grants awarded under section 401 of
the Higher Education Act of 1965 (20 U.S.C. 1070a) for award year 2017-
2018 and each succeeding award year.

SEC. 6. RESTORATION OF ELIGIBILITY FOR YEAR-ROUND FEDERAL PELL GRANTS.

    (a) In General.--Section 401(b) of the Higher Education Act of 1965
(20 U.S.C. 1070a(b)) (as amended by this Act) is further amended by
adding at the end the following:
            ``(8) Year-round federal pell grant students.--
                    ``(A) In general.--Notwithstanding any other
                provision of this subsection, the Secretary shall
                award, to an eligible student who meets the
                requirements in subparagraph (B) who has received a
                Federal Pell Grant for an award year and is enrolled in
                a program of study for one or more additional payment
                periods during the same award year that are not
                otherwise covered by the student's Federal Pell Grant,
                an additional Federal Pell Grant for the additional
                payment periods.
                    ``(B) Eligibility.--In order to be eligible to
                receive the additional Federal Pell Grant for an award
                year that is described in subparagraph (A), a student
                shall, in addition to meeting all eligibility
                requirements for the receipt of a Federal Pell Grant--
                            ``(i) be enrolled on at least a half-time
                        basis for a period of more than one academic
                        year, or more than 2 semesters or the
                        equivalent of 2 semesters, during a single
                        award year; and
                            ``(ii) be enrolled in a program of
                        instruction at an institution of higher
                        education for which the institution awards an
                        associate or baccalaureate degree or a
                        certificate.
                    ``(C) Amounts.--In the case of a student receiving
                more than one Federal Pell Grant in a single award year
                under subparagraph (A), the total amount of the Federal
                Pell Grants awarded to such student for the award year
                shall not exceed an amount equal to 150 percent of the
                amount of the maximum Federal Pell Grant for which such
                student is eligible, as specified in paragraph (2)(A)
                for that award year.
                    ``(D) Inclusion in duration limit.--Any period of
                study covered by a Federal Pell Grant awarded under
                subparagraph (A) shall be included in determining a
                student's duration limit under subsection (c)(5).
            ``(9) Crossover period.--In any case where an eligible
        student is receiving a Federal Pell Grant for a payment period
        that spans 2 award years, the Secretary shall allow the
        eligible institution in which the student is enrolled to
        determine the award year to which the additional period shall
        be assigned.''.
    (b) Effective Date.--The amendment made by subsection (a) shall
take effect on July 1, 2017.

SEC. 7. EXPANSION OF PELL GRANT EXCLUSION FROM GROSS INCOME.

    (a) In General.--Paragraph (1) of section 117(b) of the Internal
Revenue Code of 1986 is amended by striking ``received by an
individual'' and all that follows and inserting ``received by an
individual--
                    ``(A) as a scholarship or fellowship grant to the
                extent the individual establishes that, in accordance
                with the conditions of the grant, such amount was used
                for qualified tuition and related expenses, or
                    ``(B) as a Federal Pell Grant under section 401 of
                the Higher Education Act of 1965 (as amended by the
                Pathways to an Affordable Education Act).''.
    (b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2015.

SEC. 8. FEDERAL PELL GRANT EARLY COMMUNICATION.

    Section 485E of the Higher Education Act of 1965 (20 U.S.C. 1092f)
is amended--
            (1) in subsection (a), by inserting ``elementary schools,''
        before ``secondary schools,''; and
            (2) in subsection (b)--
                    (A) in paragraph (1)(A), by striking ``students''
                and inserting ``students and parents of students''; and
                    (B) in paragraph (2)--
                            (i) in the paragraph heading, by inserting
                        ``Elementary and'' before ``secondary'';
                            (ii) by inserting ``elementary schools,''
                        after ``financial aid,'';
                            (iii) by striking ``notify students in
                        secondary school'' and inserting ``notify
                        students in elementary or secondary school'';
                            (iv) by striking ``students' junior year of
                        secondary school'' and inserting ``students'
                        sixth grade year of school''; and
                            (v) by striking ``students in secondary
                        school'' and inserting ``students in sixth
                        grade''.

SEC. 9. CONTRIBUTION FROM ADJUSTED AVAILABLE INCOME.

    (a) Amendments.--
            (1) Dependent students.--Section 475(b) of the Higher
        Education Act of 1965 (20 U.S.C. 1087oo(b)) is amended in the
        matter following paragraph (3), by striking ``except that'' and
        inserting ``except that for purposes other than subpart 1 of
        part A of this title''.
            (2) Independent students without dependents.--Section
        476(a) of the Higher Education Act of 1965 (20 U.S.C.
        1087pp(a)) is amended in the matter following paragraph (3), by
        striking ``except that'' and inserting ``except that for
        purposes other than subpart 1 of part A of this title''.
            (3) Independent students with dependents.--Section 477(a)
        of the Higher Education Act of 1965 (20 U.S.C. 1087qq(a)) is
        amended the matter following paragraph (4), by striking
        ``except that'' and inserting ``except that for purposes other
        than subpart 1 of part A of this title''.
    (b) Effective Date.--The amendments made by subsection (a) shall
apply with respect to award year 2017-2018 and each succeeding award
year.

Output: Pathways to an Affordable Education Act This bill amends title IV (Student Assistance) of the Higher Education Act of 1965 to modify provisions related to the Federal Pell Grant program. Among other things, it:   increases the maximum Pell Grant award for academic year 2017-2018 and adjusts it in subsequent award years to account for inflation,  converts the Pell Grant program into a mandatory spending program,  increases from 12 to 15 semesters a student's lifetime Pell Grant eligibility period, and  restores year-round grants.   Additionally, the bill amends the Internal Revenue Code to include, as a qualified scholarship excludible from gross income, any amount received as a Pell Grant.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Improved Budget Presentation Act''.

SEC. 2. PURPOSE.

    The purpose of this Act is to establish a commission which will
submit findings and recommendations to provide a more effective
presentation of capital and operating expenses of the United States
Government.

SEC. 3. FINDINGS.

    The Congress finds the following:
            (1) The Federal Government does not take a comprehensive
        look at capital investment programs across agency and program
        lines to see how they fit into a national strategy for
        maintaining and improving the Nation's public facilities.
            (2) Both the executive branch and the Congress tend to set
        priorities for physical capital investment program-by-program.
        There is no consistent basis for setting priorities among
        projects and programs, and there is no framework in which to
        identify those having similar objectives and those that are at
        cross-purposes.
            (3) This program- and project-orientation makes planning
        for public facilities vulnerable to short-term factors, thus
        impairing the stability and predictability needed for an
        efficient capital investment program.
            (4) A separate capital budget would establish a useful
        planning process because it would focus on long-term projects,
        costs, and benefits.

SEC. 4. COMMISSION ON THE PRESENTATION OF THE BUDGET OF THE UNITED
              STATES.

    (a) Establishment.--To carry out the purpose of section 2, there is
established the Commission on the Presentation of the Budget of the
United States (hereinafter in this Act referred to as the
``Commission'').
    (b) Membership.--The Commission shall be composed of the following
9 members:
            (1) The Deputy Director of the Office of Management and
        Budget, who shall act as Chairman of the Commission.
            (2) The Comptroller General of the United States, or his or
        her delegate.
            (3) The Director of the Congressional Budget Office, or his
        or her delegate.
            (4) Two members of the House of Representatives, one
        appointed by the Speaker of the House and one appointed by the
        minority leader of the House.
            (5) Two members of the Senate, one appointed by the
        President pro tempore of the Senate and one appointed by the
        minority leader of the Senate.
            (6) Two executive branch officials appointed by the
        President, who--
                    (A) are not employed in the Executive Office of the
                President;
                    (B) hold positions at or above level III of the
                Executive Schedule; and
                    (C) have substantial responsibilities for
                formulating, presenting, and implementing executive
                budgets.
    (c) Completion of Appointments.--Appointment of the members of the
Commission shall be completed within 30 days after the effective date
of this Act.
    (d) Vacancies.--Any vacancy in the membership of the Commission
shall not affect its powers, and shall be filled in the same manner in
which the original appointment was made.
    (e) Compensation.--Members of the Commission shall not receive
compensation for their service on the Commission, but shall be
reimbursed by the Federal organization in which they are employed for
travel, subsistence, and other necessary expenses incurred in the
performance of their duties on the Commission.

SEC. 5. DUTIES OF THE COMMISSION.

    (a) In General.--The Commission shall--
            (1) study and investigate the manner in which all
        departments, agencies, independent establishments, and
        instrumentalities of the United States Government participate
        in the formulation and presentation of the United States
        Budget; and
            (2) make such recommendations as the members of the
        Commission consider appropriate to provide improved
        governmental processes in the formulation, presentation, and
        implementation of the United States Budget with respect to--
                    (A) the ability of the United States Budget to
                distinguish between capital activities and operating
                activities, and between operating funds and trust
                funds, to identify the resources needed to meet the
                Government's needs;
                    (B) improved procedures among departments,
                agencies, independent establishments, and
                instrumentalities of the United States Government to
                provide improved coordination and control with respect
                to the formulation, presentation, and implementation of
                the United States Budget; and
                    (C) more effective arrangements between the
                executive branch and the Congress, which will better
                enable each to carry out its budgeting, revenue, and
                appropriation responsibilities.
    (c) Report.--The Commission shall submit a comprehensive report to
the President and the Congress by not later than 7 months after the
effective date of this Act, containing the findings and recommendations
of the Commission. Such recommendations may include proposed
legislation and administrative actions the Commission considers
appropriate.

SEC. 6. POWERS OF THE COMMISSION.

    (a) Meetings.--(1) The Commission may, for the purpose of carrying
out the provisions of this Act, hold such hearings, sit and act at such
times and places, administer such oaths, and require the attendance and
testimony of such witnesses and the production of such books, records,
correspondence, memorandums, papers, and documents, as the Commission
may consider advisable.
    (2) Five members of the Commission shall constitute a quorum,
except that a lesser number may hold hearings.
    (b) Obtaining Information, Etc.--The Commission may request from
any executive department, bureau, agency, board, commission, office,
independent establishment, or instrumentality information, suggestions,
estimates, and statistics for the purposes of this Act. Each such
department, bureau, agency, board, commission, office, establishment,
or instrumentality shall, to the extent not otherwise prohibited by
law, furnish such information, suggestions, estimates, and statistics
directly to the Commission, upon request made by the Chairman.

SEC. 7. STAFF OF THE COMMISSION.

    The individual Commission members shall obtain staff support from
their respective employing organizations.

SEC. 8. TERMINATION.

    The Commission shall cease to exist on the 30th day after the date
on which it submits its report under section 5(c).

Output: Improved Budget Presentation Act - Establishes the Commission on the Presentation of the Budget of the United States to study and report to the President and the Congress on recommendations to provide improved governmental processes in the formulation, presentation, and implementation of the Federal budget with respect to:  (1) the ability of the budget to distinguish between capital and operating activities, and between operating and trust funds, to identify the resources needed to meet the Government's needs; (2) improved procedures among Federal departments, agencies, independent establishments, and instrumentalities to provide improved coordination and control with respect to the budget; and (3) more effective arrangements between the executive branch and the Congress which will better enable each to carry out its budgeting, revenue, and appropriation responsibilities.


Input:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Consumer Phone
Record Security Act of 2006''.
    (b) Table of Contents.--The table of contents for this Act is as
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Fraud and related activity in connection with obtaining
                            customer proprietary network information.
Sec. 3. Enforcement by Federal Trade Commission.
Sec. 4. Concurrent enforcement by Federal Communications Commission.
Sec. 5. Enforcement by States.
Sec. 6. Consumer redress.
Sec. 7. Protection of customer proprietary network information.

SEC. 2. FRAUD AND RELATED ACTIVITY IN CONNECTION WITH OBTAINING
              CUSTOMER PROPRIETARY NETWORK INFORMATION.

    (a) Unauthorized Access or Use of CPNI.--It is unlawful for any
person--
            (1) to obtain, or attempt to obtain, an individual's
        customer proprietary network information without authorization
        from the individual to whom the information relates by--
                    (A) making false or fraudulent statements or
                representations to an employee or customer of a
                telecommunications carrier;
                    (B) providing false documentation to a
                telecommunications carrier; or
                    (C) accessing customer accounts of a
                telecommunications carrier via the Internet; or
            (2) to cause, or attempt to cause, an individual's customer
        proprietary network information to be disclosed to any other
        person without authorization from the individual to whom the
        information relates.
    (b) Unauthorized Sale of Customer Proprietary Network
Information.--Except as otherwise authorized by law, it is unlawful for
any person to sell, or offer for sale, customer proprietary network
information without affirmative written authorization from the
individual to whom the information relates.
    (c) Solicitation To Obtain Customer Proprietary Network
Information.--It is unlawful for any person to request that another
person obtain customer proprietary network information from a
telecommunications carrier, knowing that the other person will obtain
the information from the telecommunications carrier in any manner that
is unlawful under subsection (a).
    (d) Law Enforcement Exception.--Nothing in this section prohibits a
law enforcement officer from obtaining customer proprietary network
information from a telecommunications carrier if--
            (1) the officer, employee, or agent is acting within his or
        her scope of employment;
            (2) the officer, employee, or agent is authorized by law to
        obtain the information; and
            (3) the information may lawfully be disclosed to the
        officer pursuant to court order or other legal authority.
    (e) Definitions.--In this section:
            (1) Customer proprietary network information.--The term
        ``customer proprietary network information'' has the meaning
        given that term in section 222(i)(1) of the Communications Act
        of 1934 (47 U.S.C. 222(i)(1))).
            (2) Law enforcement officer.--The term ``law enforcement
        officer'' has the meaning given that term in section 232(7) of
        title 18, United States Code.
            (3) Telecommunications carrier.--The term
        ``telecommunications carrier'' has the meaning given that term
        in section 222(i)(8) of the Communications Act of 1947 (47
        U.S.C. 222(i)(8)).

SEC. 3. ENFORCEMENT BY FEDERAL TRADE COMMISSION.

    (a) In General.--Except as provided in sections 4, 5, and 6 of this
Act, this Act shall be enforced by the Federal Trade Commission.
    (b) Violation Treated as an Unfair or Deceptive Act or Practice.--
Violation of section 2 shall be treated as an unfair or deceptive act
or practice proscribed under a rule issued under section 18(a)(1)(B) of
the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).
    (c) Actions by the Commission.--The Commission shall prevent any
person from violating this Act in the same manner, by the same means,
and with the same jurisdiction, powers, and duties as though all
applicable terms and provisions of the Federal Trade Commission Act (15
U.S.C. 41 et seq.) were incorporated into and made a part of this Act.
Any person that violates section 2 is subject to the penalties and
entitled to the privileges and immunities provided in the Federal Trade
Commission Act in the same manner, by the same means, and with the same
jurisdiction, powers, and duties as though all applicable terms and
provisions of the Federal Trade Commission Act were incorporated into
and made a part of this Act.
    (d) Additional Penalty.--In addition to any other penalty
prescribed by law--
            (1) a civil penalty of not more than $11,000 shall be
        imposed for each violation of section 2 of this Act; and
            (2) a violation of section 2 of this Act with respect to
        the customer network proprietary information of an individual
        shall be treated as a separate violation from a violation of
        section 2 of this Act with respect to the customer network
        proprietary information of any other individual.

SEC. 4. CONCURRENT ENFORCEMENT BY FEDERAL COMMUNICATIONS COMMISSION.

    The Federal Communications Commission shall enforce section 2. For
purposes of enforcement of that section by the Commission, a violation
of that section is deemed to be a violation of a provision of the
Communications Act of 1934 (47 U.S.C. 151 et seq.) rather than a
violation of the Federal Trade Commission Act.

SEC. 5. ENFORCEMENT BY STATES.

    (a) In General.--A State, as parens patriae, may bring a civil
action on behalf of its residents in an appropriate district court of
the United States to enforce section 2 or to impose the civil penalties
authorized by section 3, whenever the chief legal officer of the State
has reason to believe that the interests of the residents of the State
have been or are being threatened or adversely affected by a violation
of this Act or a regulation under this Act.
    (b) Notice.--The State shall serve written notice on the Federal
Trade Commission and the Federal Communications Commission of any civil
action under subsection (a) prior to initiating such civil action. The
notice shall include a copy of the complaint to be filed to initiate
such civil action, except that if it is not feasible for the State to
provide such prior notice, the State shall provide such notice
immediately upon instituting such civil action.
    (c) Authority To Intervene.--Upon receiving the notice required by
subsection (b), either Commission may intervene in such civil action
and upon intervening--
            (1) be heard on all matters arising in such civil action;
        and
            (2) file petitions for appeal of a decision in such civil
        action.
    (d) Construction.--For purposes of bringing any civil action under
subsection (a), nothing in this section shall prevent the chief legal
officer of a State from exercising the powers conferred on that officer
by the laws of such State to conduct investigations or to administer
oaths or affirmations or to compel the attendance of witnesses or the
production of documentary and other evidence.
    (e) Venue; Service of Process.--
            (1) Venue.--An action brought under subsection (a) shall be
        brought in a district court of the United States that meets
        applicable requirements relating to venue under section 1391 of
        title 28, United States Code.
            (2) Service of process.--In an action brought under
        subsection (a)--
                    (A) process may be served without regard to the
                territorial limits of the district or of the State in
                which the action is instituted; and
                    (B) a person who participated in an alleged
                violation that is being litigated in the civil action
                may be joined in the civil action without regard to the
                residence of the person.

SEC. 6. CONSUMER REDRESS.

    (a) In General.--An individual whose customer proprietary network
information has been obtained, used, or sold in violation of section 2
may file a civil action in any court of competent jurisdiction against
the person who committed the violation.
    (b) Remedies.--A court in which such a civil action has been
brought may--
            (1) impose a civil penalty of not more than $11,000 for
        each violation of this Act with respect to the plaintiff's
        customer proprietary network information; and
            (2) provide such additional relief as the court deems
        appropriate, including the award of court costs, investigative
        costs, and reasonable attorney's fees.
    (c) Limitation.--Nothing in this section authorizes an individual
to bring a civil action against a telecommunications carrier (as
defined in section 222(i)(8) of the Communications Act of 1947 (47
U.S.C. 222(i)(8))).

SEC. 7. PROTECTION OF CUSTOMER PROPRIETARY NETWORK INFORMATION.

    (a) In General.--Section 222 of the Communications Act of 1934 (47
U.S.C. 222) is amended--
            (1) by redesignating subsection (h) as subsection (i); and
            (2) by inserting after subsection (g) the following:
    ``(h) Protection of Customer Proprietary Network Information.--
            ``(1) In general.--A telecommunications carrier shall--
                    ``(A) implement a system by which the carrier can
                determine whether an individual has authorized access
                to, or the release of, an individual's customer
                proprietary network information before it is made
                available to third parties;
                    ``(B) ensure that personnel with access to customer
                proprietary network information are trained as to when
                they are and are not authorized to use customer
                proprietary network information and have a disciplinary
                process in effect for disciplining personnel for misuse
                of customer proprietary network information;
                    ``(C) maintain for at least 1 year a record of any
                sales or marketing campaign conducted by carrier or its
                affiliates that uses customer proprietary network
                information;
                    ``(D) maintain for at least 1 year a record of each
                instance in which customer proprietary network
                information was disclosed or provided to the customer
                or third parties, or where third parties were allowed
                access to customer proprietary network information, in
                the sales or marketing campaign that includes--
                            ``(i) a description of the sales or
                        marketing campaign in which the information was
                        used;
                            ``(ii) the specific customer proprietary
                        network information that was used in the
                        campaign; and
                            ``(iii) a description of the products and
                        services that were offered as a part of the
                        campaign;
                    ``(E) establish a supervisory review process
                regarding compliance with this subsection for outbound
                marketing situations and maintain for at least 1 year a
                record of its compliance;
                    ``(F) require an officer or agent of the carrier to
                sign a compliance certificate on an annual basis
                stating that the officer or agent has personal
                knowledge that the carrier has established operating
                procedures that are adequate to ensure compliance with
                this subsection; and
                    ``(G) submit to the Commission annually--
                            ``(i) a copy of the certificate required by
                        subparagraph (F); and
                            ``(ii) a plan that reflects its compliance
                        with the requirements of this subsection.
            ``(2) Annual FCC Reports.--The Commission shall transmit a
        report to the Senate Committee on Commerce, Science, and
        Transportation and the House of Representatives Committee on
        Energy and Commerce annually on the compliance of
        telecommunications carriers with the requirements of this
        subsection.''.
    (b) Definitions.--Section 222(i) of the Communications Act of 1934
(as redesignated by subsection (a)) is amended by adding at the end the
following:
            ``(8) Telecommunications carrier.--The term
        `telecommunications carrier'--
                    ``(A) has the meaning given that term by section
                3(44); but
                    ``(B) includes a provider of IP-enabled voice
                service.
            ``(9) IP-enabled voice service.--The term `IP-enabled voice
        service' means the provision of real-time 2-way voice
        communications offered to the public, or such classes of users
        as to be effectively available to the public, transmitted
        through customer premises equipment using TCP/IP protocol, or a
        successor protocol, for a fee (whether part of a bundle of
        services or separately) with 2-way interconnection capability
        such that the service can originate traffic to, and terminate
        traffic from, the public switched telephone network.''.
    (c) Regulations.--Within 90 days after the date of enactment of
this Act, the Federal Communications Commission shall promulgate such
regulations as may be necessary to implement section 222(i)(8) of the
Communications Act of 1934 (47 U.S.C. 222(i)(8)), as added by
subsection (b) of this section, including the application of section
222 of that Act with the expanded definition of telecommunications
carrier.

Output:
Consumer Phone Record Security Act of 2006 - Makes it unlawful for a person to: (1) obtain, or attempt to obtain, through fraud an individual's customer proprietary network information (CPNI), or cause, or attempt to cause, such individual's CPNI to be disclosed to another person without that person's authorization; (2) sell, or offer for sale, a person's CPNI without their authorization; or (3) request another person to obtain a person's CPNI from a telecommunications carrier without proper authorization (with an exception authorizing a law enforcement official to obtain a person's CPNI provided certain conditions are met).

Requires enforcement of the requirements of this Act by the Federal Trade Commission (FTC), the Federal Communications Commission (FCC), and the states. Authorizes a person whose CPNI has been obtained, used, or sold in violation of the requirements of this Act to file an action for civil relief against the violator in the appropriate court.

Amends the Communications Act of 1934 to require telecommunications carriers to implement certain measures to protect a person's CPNI.


Input:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS; PURPOSE; DEFINITIONS.

    (a) Short Title.--This Act may be cited as the ``Academic
Partnerships Lead Us to Success Act'' or the ``A PLUS Act''.
    (b) Table of Contents.--The table of contents for this Act is as
follows:

Sec. 1. Short title; table of contents; purpose; definitions.
Sec. 2. Declaration of intent.
Sec. 3. Transparency for results of public education.
Sec. 4. Maintenance of funding levels spent by States on education.
Sec. 5. Administrative expenses.
Sec. 6. Equitable participation of private schools.
    (c) Purpose.--The purposes of this Act are as follows:
            (1) To give States and local communities maximum
        flexibility to determine how to improve academic achievement
        and implement education reforms.
            (2) To reduce the administrative costs and compliance
        burden of Federal education programs in order to focus Federal
        resources on improving academic achievement.
            (3) To ensure that States and communities are accountable
        to the public for advancing the academic achievement of all
        students, especially disadvantaged children.
    (d) Definitions.--
            (1) In general.--Except as otherwise provided, the terms
        used in this Act have the meanings given the terms in section
        9101 of the Elementary and Secondary Education Act of 1965 (20
        U.S.C. 7801 et seq.).
            (2) Other terms.--In this Act:
                    (A) Accountability.--The term ``accountability''
                means that public schools are answerable to parents and
                other taxpayers for the use of public funds and shall
                report student progress to parents and taxpayers
                regularly.
                    (B) Declaration of intent.--The term ``declaration
                of intent'' means a decision by a State, as determined
                by State Authorizing Officials or by referendum, to
                assume full management responsibility for the
                expenditure of Federal funds for certain eligible
                programs for the purpose of advancing, on a more
                comprehensive and effective basis, the educational
                policy of such State.
                    (C) State.--The term ``State'' has the meaning
                given such term in section 1122(e) of the Elementary
                and Secondary Education Act of 1965 (20 U.S.C.
                6332(e)).
                    (D) State authorizing officials.--The term ``State
                Authorizing Officials'' means the State officials who
                shall authorize the submission of a declaration of
                intent, and any amendments thereto, on behalf of the
                State. Such officials shall include not less than 2 of
                the following:
                            (i) The governor of the State.
                            (ii) The highest elected education official
                        of the State, if any.
                            (iii) The legislature of the State.
                    (E) State designated officer.--The term ``State
                Designated Officer'' means the person designated by the
                State Authorizing Officials to submit to the Secretary,
                on behalf of the State, a declaration of intent, and
                any amendments thereto, and to function as the point-
                of-contact for the State for the Secretary and others
                relating to any responsibilities arising under this
                Act.

SEC. 2. DECLARATION OF INTENT.

    (a) In General.--Each State is authorized to submit to the
Secretary a declaration of intent permitting the State to receive
Federal funds on a consolidated basis to manage the expenditure of such
funds to advance the educational policy of the State.
    (b) Programs Eligible for Consolidation and Permissible Use of
Funds.--
            (1) Scope.--A State may choose to include within the scope
        of the State's declaration of intent any program for which
        Congress makes funds available to the State if the program is
        for a purpose described in the Elementary and Education
        Secondary Act of 1965 (20 U.S.C. 6301). A State may not include
        any program funded pursuant to the Individuals with
        Disabilities Education Act (20 U.S.C. 1400 et seq.).
            (2) Uses of funds.--Funds made available to a State
        pursuant to a declaration of intent under this Act shall be
        used for any educational purpose permitted by State law of the
        State submitting a declaration of intent.
    (c) Contents of Declaration.--Each declaration of intent shall
contain--
            (1) a list of eligible programs that are subject to the
        declaration of intent;
            (2) an assurance that the submission of the declaration of
        intent has been authorized by the State Authorizing Officials,
        specifying the identity of the State Designated Officer;
            (3) the duration of the declaration of intent;
            (4) an assurance that the State will use fiscal control and
        fund accounting procedures;
            (5) an assurance that the State will meet the requirements
        of applicable Federal civil rights laws in carrying out the
        declaration of intent and in consolidating and using the funds
        under the declaration of intent;
            (6) an assurance that in implementing the declaration of
        intent the State will seek to advance educational opportunities
        for the disadvantaged; and
            (7) a description of the plan for maintaining direct
        accountability to parents and other citizens of the State.
    (d) Duration.--The duration of the declaration of intent shall not
exceed 5 years.
    (e) Review and Recognition by the Secretary.--
            (1) In general.--The Secretary shall review the declaration
        of intent received from the State Designated Officer not more
        than 60 days after the date of receipt of such declaration, and
        shall recognize such declaration of intent unless the
        declaration of intent fails to meet the requirements under
        subsection (c).
            (2) Recognition by operation of law.--If the Secretary
        fails to take action within the time specified in paragraph
        (1), the declaration of intent, as submitted, shall be deemed
        to be approved.
    (f) Amendment to Declaration of Intent.--
            (1) In general.--The State Authorizing Officials may direct
        the State Designated Officer to submit amendments to a
        declaration of intent that is in effect. Such amendments shall
        be submitted to the Secretary and considered by the Secretary
        in accordance with subsection (e).
            (2) Amendments authorized.--A declaration of intent that is
        in effect may be amended to--
                    (A) expand the scope of such declaration of intent
                to encompass additional eligible programs;
                    (B) reduce the scope of such declaration of intent
                by excluding coverage of a Federal program included in
                the original declaration of intent;
                    (C) modify the duration of such declaration of
                intent; or
                    (D) such other modifications that the State
                Authorizing Officials deem appropriate.
            (3) Effective date.--The amendment shall specify an
        effective date. Such effective date shall provide adequate time
        to assure full compliance with Federal program requirements
        relating to an eligible program that has been removed from the
        coverage of the declaration of intent by the proposed
        amendment.
            (4) Treatment of program funds withdrawn from declaration
        of intent.--Beginning on the effective date of an amendment
        executed under paragraph (2)(B), each program requirement of
        each program removed from the declaration of intent shall apply
        to the State's use of funds made available under the program.

SEC. 3. TRANSPARENCY FOR RESULTS OF PUBLIC EDUCATION.

    (a) In General.--
            (1) Informing the public about assessment and
        proficiency.--Each State operating under a declaration of
        intent under this Act shall inform parents and the general
        public regarding the student achievement assessment system,
        demonstrating student progress relative to the State's
        determination of student proficiency, as described in paragraph
        (2), for the purpose of accountability.
            (2) Assessment and standards.--Each State operating under a
        declaration of intent under this Act shall establish and
        implement a single system of academic standards and academic
        assessments, including the development of student proficiency
        goals. Such State may apply the academic assessments and
        standards described under section 1111 of the Elementary and
        Secondary Education Act of 1965 (20 U.S.C. 6311) or establish
        and implement different academic assessments and standards.
    (b) Accountability System.--The State shall determine and establish
an accountability system to ensure accountability under this Act.
    (c) Report on Student Progress.--Not later than 1 year after the
effective date of the declaration of intent, and annually thereafter, a
State shall disseminate widely to parents and the general public a
report that describes student progress. The report shall include--
            (1) student performance data disaggregated in the same
        manner as data are disaggregated under section
        1111(b)(3)(C)(xiii) of the Elementary and Secondary Education
        Act of 1965 (20 U.S.C. 6311(b)(3)(C)(xiii)); and
            (2) a description of how the State has used Federal funds
        to improve academic achievement, reduce achievement disparities
        between various student groups, and improve educational
        opportunities for the disadvantaged.

SEC. 4. MAINTENANCE OF FUNDING LEVELS SPENT BY STATES ON EDUCATION.

    (a) In General.--For each State consolidating and using funds
pursuant to a declaration of intent under this Act, for each school
year of the declaration of intent, the aggregate amount of funds spent
by the State on elementary and secondary education shall be not less
than 90 percent of the aggregate amount of funds spent by the State on
elementary and secondary education for the school year that coincides
with the date of enactment of this Act.
    (b) Exception.--
            (1) State waiver claim.--The requirement of subsection (a)
        may be waived by the State Authorizing Officials if the State
        having a declaration of intent in effect makes a determination,
        supported by specific findings, that uncontrollable or
        exceptional circumstances, such as a natural disaster or
        extreme contraction of economic activity, preclude compliance
        for a specified period, which may be extended. Such
        determination shall be presented to the Secretary by the State
        Designated Officer.
            (2) Action by the secretary.--The Secretary shall accept
        the State's waiver, as described in paragraph (1), if the State
        has presented evidence to support such waiver. The Secretary
        shall review the waiver received from the State Designated
        Officer not more than 60 days after the date of receipt. If the
        Secretary fails to take action within that time frame, the
        waiver, as submitted, shall be deemed to be approved.

SEC. 5. ADMINISTRATIVE EXPENSES.

    (a) In General.--Except as provided in subsection (b), the amount
that a State with a declaration of intent may expend for administrative
expenses shall be limited to 1 percent of the aggregate amount of
Federal funds made available to the State through the eligible programs
included within the scope of such declaration of intent.
    (b) States Not Consolidating Funds Under Part A of Title I.--If the
declaration of intent does not include within its scope part A of title
I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311
et seq.), the amount spent by the State on administrative expenses
shall be limited to 3 percent of the aggregate amount of Federal funds
made available to the State pursuant to such declaration of intent.

SEC. 6. EQUITABLE PARTICIPATION OF PRIVATE SCHOOLS.

    Each State consolidating and using funds pursuant to a declaration
of intent under this Act shall provide for the participation of private
school children and teachers in the activities assisted under the
declaration of intent in the same manner as participation is provided
to private school children and teachers under section 9501 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 7881).

Output: Academic Partnerships Lead Us to Success Act or the A PLUS Act - Allows each state to submit to the Secretary of Education a declaration of intent, applicable for up to five years, permitting it to receive federal funds on a consolidated basis that would otherwise be directed toward specific programs furthering the stated purpose of title I (Improving the Academic Achievement of the Disadvantaged) of the Elementary and Secondary Education Act of 1965.  Requires each declaration to be formulated by a combination of specified State Authorizing Officials or by referendum and to list the programs for which consolidated funding is requested. Allows states to use such funds for any educational purpose permitted by state law, but requires them to make certain assurances that they will use fiscal control and fund accounting procedures, abide by federal civil rights laws, and advance educational opportunities for the disadvantaged. Allows states to amend their declarations.  Allows each declaration state to adopt new academic assessments and standards or apply those described under the Elementary and Secondary Education Act of 1965, but requires each state to have a single system of assessments and standards that includes student proficiency goals. Requires each declaration state to: (1) inform the public about its student achievement assessment system; (2) report annually on student progress toward the state's proficiency standards, disaggregating performance data by specified student groups; and (3) keep aggregate spending on elementary and secondary education at no less than 90% of such spending for the school year coinciding with this Act's enactment.  Limits administrative expenses. Requires each declaration state to provide for the equitable participation of private school children and teachers in the activities assisted under its declaration of intent.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Medical Product Communications Act
of 2017''.

SEC. 2. COMMUNICATIONS REGARDING INTENDED USES OF DRUGS AND DEVICES;
              SCIENTIFIC EXCHANGE.

    The Federal Food, Drug, and Cosmetic Act is amended by inserting
after section 201 of such Act (21 U.S.C. 321) the following:

``SEC. 201A. INTENDED USES OF DRUGS AND DEVICES.

    ``(a) Intended Use.--For purposes of this Act, including sections
301(d), 502(f)(1), 505, 510, and 515 and for purposes of section 351 of
the Public Health Service Act, the intended use of a drug, biological
product, or device--
            ``(1) shall be determined by reference to the objective
        intent of the manufacturer and sponsor of such drug, biological
        product, or device, or persons acting on the manufacturer's or
        sponsor's behalf, as demonstrated by statements contained in
        labeling, advertising, or analogous oral statements; and
            ``(2) shall not be determined by reference to--
                    ``(A) actual or constructive knowledge of the
                manufacturer or sponsor that such drug, biological
                product, or device will be used in a manner that varies
                from the use approved for marketing under section 505,
                510, or 515 of this Act or section 351 of the Public
                Health Service Act; or
                    ``(B) scientific exchange as described in
                subsection (b).
    ``(b) Scientific Exchange.--
            ``(1) In general.--For purposes of this Act, including
        sections 301(d), 502(f)(1), 505, 510(k), and 515 and for
        purposes of section 351 of the Public Health Service Act, the
        scientific exchange of information about a drug, biological
        product, or device, as described in paragraph (2), shall not
        constitute labeling, advertising, or evidence of a new intended
        use.
            ``(2) Requirements for scientific exchange.--A
        communication by a manufacturer or sponsor, or a person acting
        on behalf of a manufacturer or sponsor, about the
        manufacturer's or sponsor's drug, biological product, or
        device, or use of such drug, biological product, or device,
        that has not been approved for marketing under section 505,
        510, or 515 of this Act or section 351 of the Public Health
        Service Act, about a device or use of such device that has not
        been approved or cleared for marketing under section 510 or 515
        of this Act, or about information that is not included in the
        drug, biological product, or device labeling, constitutes
        scientific exchange when--
                    ``(A) the communication is supported by
                scientifically appropriate and statistically sound
                data, studies, or analyses;
                    ``(B) the communication includes a conspicuous and
                prominent statement that the drug, biological product,
                or device, or use of such drug, biological product, or
                device, that is the subject of the communication, has
                not been approved for marketing under section 505, 510,
                or 515 of this Act or section 351 of the Public Health
                Service Act, or that such communication includes
                information that is not contained in the drug,
                biological product, or device labeling, as applicable;
                and
                    ``(C) for communications relating to a drug,
                biological product, or device that has not been
                approved for marketing under section 505, 510, or 515
                of this Act or section 351 of the Public Health Service
                Act, or relating to a use of a drug, biological
                product, or device that has not been so approved, the
                manufacturer and sponsor make no claims that such
                product or use has been demonstrated to be safe or
                effective.
            ``(3) Scientific exchange described.--The scientific
        exchange of information under paragraph (2) may include--
                    ``(A) dissemination of scientific findings in
                scientific or lay media;
                    ``(B) publication of results of scientific studies;
                    ``(C) letters to the editor in defense of public
                challenges;
                    ``(D) communications at scientific or medical
                conferences or meetings;
                    ``(E) dissemination of medical or scientific
                publications, reference texts, or clinical practice
                guidelines;
                    ``(F) communication, both proactive and reactive,
                of information regarding a manufacturer's research and
                development efforts;
                    ``(G) communication, both proactive and reactive,
                of scientific, medical, or technical information or
                findings, including communication of such information
                by personnel in scientific, medical, or clinical
                development departments of manufacturers; and
                    ``(H) communication, both proactive and reactive,
                of health care economic and health outcomes
                information, including communication of such
                information delivered by or on behalf of the health
                care economic or health outcomes departments of
                manufacturers to an individual, group of individuals,
                or entity responsible for contributing toward,
                advising, or facilitating decisionmaking related to
                health care resource or utilization management,
                including decisions about the selection of drugs,
                biological products, or devices for a population of
                patients.
            ``(4) Rule of construction.--Nothing in this subsection
        shall be construed--
                    ``(A) to authorize the Secretary to require that a
                manufacturer or sponsor submit an application,
                certification, or other such submission, or to seek the
                Secretary's review or approval, before, during, or
                subsequent to engaging in scientific exchange; or
                    ``(B) to limit the ability of manufacturers or
                sponsors to engage in communications or activities that
                properly constitute scientific exchange as that term is
                described in paragraph (2) but that are not specified
                in paragraph (3).''.

Output: Medical Product Communications Act of 2017 This bill amends the Federal Food, Drug, and Cosmetic Act to state that the intended use of a drug, biological product, or device shall be determined by the objective intent of the manufacturer and sponsor of such drug, biological product, or device, as demonstrated by statements contained in labeling, advertising, or analogous oral statements. The intended use of these medical products shall not be determined by actual or constructive knowledge of the manufacturer or sponsor that these products will be used in a manner that varies from the use approved for marketing. Additionally, the scientific exchange of information about these products shall not constitute labeling, advertising, or evidence of a new intended use.The bill sets forth the requirements for a scientific exchange.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``DTV Border Fix Act of 2008''.

SEC. 2. CONTINUATION OF ANALOG BROADCASTING ALONG COMMON BORDER WITH
              MEXICO.

    Section 309(j)(14) of the Communications Act of 1934 (47 U.S.C.
309(j)(14)) is amended by adding at the end the following:
                    ``(D) Continuation of analog broadcasting along
                common border with mexico.--
                            ``(i) In general.--Notwithstanding any
                        other provision of this section, any television
                        station that has been granted a full-power
                        television broadcast license that authorizes
                        analog television service prior to February 17,
                        2009, that is licensed by the Commission to
                        serve communities located within 50 miles of
                        the United States common border with Mexico,
                        and that can establish to the satisfaction of
                        the Commission that such station's continued
                        broadcasting of television service in analog is
                        in the public interest, shall during the period
                        beginning on the date of enactment of the DTV
                        Border Fix Act of 2008, and ending February 17,
                        2013--
                                    ``(I) be entitled to the renewal of
                                such station's television broadcast
                                license authorizing analog television
                                service; and
                                    ``(II) operate such television
                                service on a channel between 2 and 51.
                            ``(ii) Conditions.--The rights, privileges,
                        and obligations described under clause (i)
                        shall only be extended if the following
                        requirements are satisfied:
                                    ``(I) Any channel used for the
                                distribution of analog television
                                service shall not--
                                            ``(aa) prevent the auction
                                        of recovered spectrum pursuant
                                        to paragraph (15);
                                            ``(bb) prevent the use of
                                        recovered spectrum for any
                                        public safety service pursuant
                                        to section 337(a)(1);
                                            ``(cc) encumber or
                                        interfere with any channel
                                        reserved for public safety use,
                                        as such channels are designated
                                        in ET Docket No. 97-157; and
                                            ``(dd) prevent the
                                        Commission from considering or
                                        granting a request for waiver
                                        submitted for public safety
                                        service prior to the date of
                                        enactment of the DTV Border Fix
                                        Act of 2008.
                                    ``(II) Each station described in
                                clause (i) operates on its assigned
                                analog channel, as of February 16,
                                2009, if such channel--
                                            ``(aa) is between 2 and 51;
                                            ``(bb) has not previously
                                        been assigned to such station
                                        or any another station for
                                        digital operation after the
                                        digital transition required
                                        under subparagraph (A); and
                                            ``(cc) could be used by
                                        such station for broadcasting
                                        analog television service after
                                        the digital transition required
                                        under subparagraph (A) without
                                        causing interference to any
                                        previously authorized digital
                                        television stations.
                                    ``(III) If such station does not
                                meet the requirements under subclause
                                (II) for operation on its assigned
                                analog channel, as of February 16,
                                2009, such station may request, and the
                                Commission shall promptly act upon such
                                request, to be assigned a new channel
                                for broadcasting analog television
                                service, provided that such newly
                                requested channel shall--
                                            ``(aa) be between channels
                                        2 and 51; and
                                            ``(bb) allow such station
                                        to operate on a primary basis
                                        without causing interference
                                        to--

                                                    ``(AA) any other
                                                analog or digital
                                                television station; or

                                                    ``(BB) any station
                                                licensed to operate in
                                                any other radio service
                                                that also operates on
                                                channels between 2 and
                                                51.

                            ``(iii) Mutually exclusive applications.--
                        If mutually exclusive applications are
                        submitted for the right to use a channel in
                        order to broadcast analog television service
                        pursuant to this subparagraph, the Commission
                        shall--
                                    ``(I) award the authority to use
                                such channel for such purpose through
                                the application of the procedures
                                established under this section; and
                                    ``(II) give due consideration to
                                any resolution procedures established
                                by the Commission.
                    ``(E) Limitation on extension of certain
                licenses.--The commission shall not extend or renew a
                full-power television broadcast license that authorizes
                analog television service on or after February 17,
                2013.''.

            Passed the Senate August 1, 2008.

            Attest:

                                                NANCY ERICKSON,

                                                             Secretary.

Output:
DTV Border Fix Act of 2008 - Amends the Communications Act of 1934 to allow the renewal of a full-power analog television broadcasting license through February 17, 2013, for stations located within 50 miles of the U.S. border with Mexico, provided certain requirements are met, including that the renewal does not: (1) prevent the auction of recovered spectrum; (2) encumber or interfere with any channel reserved for public safety use; and (3) prevent the Federal Communications Commission (FCC) from considering or granting a request for waiver submitted for public safety service prior to enactment of this Act.

Requires the FCC, if mutually exclusive applications are submitted to use a channel under the amendments made by this Act, to award the authority to use the channel through competitive bidding under existing procedures.

Prohibits the FCC from extending or renewing a full-power television broadcast license that authorizes analog service on or after February 17, 2013.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Stewardship Endowment Fund Act of
1993''.

SEC. 2. FINDINGS, PURPOSE, AND INTENT OF CONGRESS.

    (a) Findings.--Congress finds that--
            (1) for national security purposes, the United States
        requires steady and secure sources of oil as well as other
        sources of energy;
            (2) while protecting the oil-producing capabilities of the
        United States is important, it is also important to protect the
        environment from which the oil is drawn;
            (3) following the discharge of oil from the T/V EXXON
        VALDEZ on March 23 and 24, 1989, when the vessel went aground
        on Bligh Reef in Prince William Sound, Alaska, a settlement was
        reached;
            (4) under the terms of the Agreement and Consent Decree (as
        described in section 207 of Public Law 102-229) that the
        Federal Government and the State of Alaska entered into with
        the Exxon Corporation, Exxon will pay a total sum of
        $900,000,000 over a period of 10 years for damages and
        environmental restoration to the Federal Government and the
        State of Alaska (referred to in this section as ``settlement
        funds'');
            (5) the placement of a portion of the settlement funds in a
        Stewardship Endowment Fund would create a stream of income over
        and above the initial settlement funds that could be used to
        meet the needs of environmental restoration over a period that
        extends beyond the 10-year period specified in paragraph (4);
            (6)(A) catastrophic failures with respect to salmon
        fisheries in Prince William Sound, and other biological events,
        indicate an urgent need to carry out long-term
        multidisciplinary research efforts to enable the full
        implementation of an effective restoration and enhancement
        program; and
            (B) the research should fully examine all possible causes
        of, and solutions to, the problems described in subparagraph
        (A);
            (7) similar failures with respect to other salmon fisheries
        and changes in the populations and ratios of other species
        further indicate that a broad approach to scientific
        investigation may be necessary to determine whether events in
        Prince William Sound concerning salmon fisheries may be caused
        by, or affected by, events in other geographic areas;
            (8) a stable source of research funding is needed in order
        to provide for long-term research necessary for the successful
        restoration and enhancement of Prince William Sound; and
            (9) the Endowment Fund referred to in paragraph (5) would
        facilitate the administration of the settlement funds by the
        Trustees designated by the President and the Governor of the
        State of Alaska to act, for the purposes of the Comprehensive
        Environmental Response, Compensation, and Liability Act of 1980
        (42 U.S.C. 9601 et seq.) and the Federal Water Pollution
        Control Act (33 U.S.C. 1251 et seq.), as trustees of natural
        resources injured, lost, or destroyed as a result of the
        discharge of oil from the T/V EXXON VALDEZ;
    (b) Purpose.--It is the purpose of this Act to establish in the
Treasury of the United States a Stewardship Endowment Fund in order to
create a stream of income that will carry out the purposes specified in
the Memorandum of Agreement and Consent Decree that the United States
and the State of Alaska entered into on August 28, 1991, for a period
that extends beyond the payment period referred to in subsection
(a)(4).
    (c) Intent of Congress.--It is the intent of Congress that the
conservative use of settlement funds and earnings from the settlement
funds should be encouraged in order to provide for the maintenance of
restoration and enhancement activities for Prince William Sound
(including providing for long-term scientific studies and ecosystem
research necessary to support restoration and enhancement activities).

SEC. 3. STEWARDSHIP ENDOWMENT FUND.

    Title XXX of the Energy Policy Act of 1992 (Public Law 102-486) is
amended by adding at the end the following new section:

``SEC. 3022. STEWARDSHIP ENDOWMENT FUND.

    ``(a) Definitions.--As used in this section:
            ``(1) Agreement and consent decree.--The term `Agreement
        and Consent Decree' means the Agreement and Consent Decree
        described in section 207 of Public Law 102-229 (105 Stat. 1715)
        and approved by the United States District Court for the
        District of Alaska on October 8, 1991.
            ``(2) Endowment fund.--The term `Endowment Fund' means the
        Stewardship Endowment Fund established pursuant to subsection
        (b).
            ``(3) Natural resources.--The term `natural resources' has
        the meaning given the term in the Agreement and Consent Decree.
            ``(4) Oil spill.--The term `Oil Spill' means the grounding
        of the T/V EXXON VALDEZ on Bligh Reef in Prince William Sound,
        Alaska, on March 23 and 24, 1989, and the resulting oil spill.
            ``(5) Restoration.--
                    ``(A) In general.--The term `restoration' means any
                action, in addition to response and cleanup activities
                required or authorized by State or Federal law, that
                endeavors to--
                            ``(i) restore--
                                    ``(I) a natural resource injured,
                                lost, or destroyed as a result of the
                                Oil Spill to the pre-spill condition;
                                and
                                    ``(II) the services provided by the
                                resource; or
                            ``(ii) replace or substitute for the
                        injured, lost, or destroyed resources and
                        affected services.
                    ``(B) Phases of injury included.--The term includes
                all phases of injury assessment, restoration,
                replacement, and enhancement of natural resources, and
                the acquisition of equivalent resources and services.
            ``(6) Secretary.--The term `Secretary' means the Secretary
        of the Treasury.
            ``(7) Settlement funds.--The term `settlement funds' means
        the settlement funds established pursuant to the Agreement and
        Consent Decree.
            ``(8) Trustees.--The term `Trustees' means the officials
        designated by the President and the Governor of the State of
        Alaska to act, for the purposes of the Comprehensive
        Environmental Response, Compensation, and Liability Act of 1980
        (42 U.S.C. 9601 et seq.) and the Federal Water Pollution
        Control Act (33 U.S.C. 1251 et seq.), as trustees of natural
        resources injured, lost, or destroyed as a result of the Oil
        Spill.
    ``(b) Stewardship Endowment Fund.--
            ``(1) In general.--Notwithstanding any other provision of
        law, there is established in the Treasury of the United States
        a Stewardship Endowment Fund to facilitate the restoration of
        natural resources in Alaska injured as a result of the Oil
        Spill. The Fund shall consist of such sums as are deposited in
        the Fund pursuant to paragraph (2) and any interest earned on
        investments of the Fund pursuant to paragraph (3).
            ``(2) Deposits.--The Trustees may transfer from the
        settlement funds to the Secretary, for deposit in the Endowment
        Fund, a portion of the settlement funds.
            ``(3) Investments.--The Secretary, with the unanimous
        consent of the Trustees, shall invest the corpus and income of
        the Endowment Fund in federally insured bank savings accounts
        or comparable interest-bearing accounts, certificates of
        deposit, money market funds, mutual funds, obligations of the
        United States, or other instruments and securities (as
        determined by the Secretary, with the unanimous consent of the
        Trustees). The Secretary, with the concurrence of the Trustees,
        shall, to the maximum extent practicable, ensure that the
        investments made pursuant to this paragraph generate a
        sufficient amount of income to carry out the purposes referred
        to in subsection (c)(2)(B).
    ``(c) Withdrawals and Expenditures.--
            ``(1) Corpus prohibition.--A withdrawal or expenditure may
        be made from the corpus of the Endowment Fund with the
        unanimous consent of the Trustees.
            ``(2) Permissive withdrawals.--
                    ``(A) In general.--On request of the Trustees, the
                Secretary shall transfer, at least annually, all or a
                portion of, the income of the Endowment Fund to the
                Trustees for expenditure by the Trustees in a manner
                consistent with subparagraph (B).
                    ``(B) Use of transferred funds.--Funds may be
                transferred to the Trustees, and expended by the
                Trustees, only for restoration.''.

SEC. 4. CONFORMING AMENDMENT.

    The table of contents in section 1(b) of the Energy Policy Act of
1992 (106 Stat. 2776 et seq.) is amended by adding after the item
relating to section 3021 the following new item:

``Sec. 3022. Stewardship Endowment Fund.''.

Output: Stewardship Endowment Fund Act of 1993 - Amends the Energy Policy Act of 1992 to establish in the Treasury a Stewardship Endowment Fund to facilitate the restoration of natural resources in Alaska injured as a result of the EXXON VALDEZ oil spill.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Strategic and Critical
Minerals Policy Act of 2011''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the availability of minerals and metals is essential
        for economic growth, national security, technological
        innovation, and the manufacturing and agricultural supply
        chain;
            (2) the exploration, production, processing, use, and
        recycling of minerals contribute significantly to the economic
        well-being, security, and general welfare of the Nation;
            (3) the industrialization of China and India has driven
        demand for nonfuel mineral commodities, sparking a period of
        resource nationalism exemplified by China's reduction and
        stoppage of exports of rare-earth mineral elements necessary
        for telecommunications, military technologies, medical devices,
        agricultural production, and renewable energy technologies;
            (4) the United States has vast mineral resources but is
        becoming increasingly dependent upon foreign sources;
            (5) 25 years ago the United States was dependent on foreign
        sources for 30 nonfuel mineral materials, 6 of which were
        entirely imported to meet the Nation's requirements and another
        16 of which were imported to meet more than 60 percent of the
        Nation's needs;
            (6) by 2010, United States import dependence for nonfuel
        mineral materials more than doubled from 30 to 67 commodities,
        18 commodities were imported entirely to meet the Nation's
        requirements, and another 25 commodities required imports of
        more than 50 percent;
            (7) the United States lacks a coherent national policy to
        assure the availability of minerals essential to manufacturing,
        national economic well-being and security, agricultural
        production, and global economic competitiveness; and
            (8) the Nation's ability to compete and innovate requires
        proper planning and preparation today to meet tomorrow's
        mineral needs.

SEC. 3. CONGRESSIONAL DECLARATION OF POLICY.

    (a) In General.--It is the continuing policy of the United States
to promote an adequate and stable supply of minerals to maintain our
Nation's economic well-being, security, and manufacturing, industrial,
energy, agricultural, and technological capabilities.
    (b) Policy Goals.--Implementation of the policy set forth in
subsection (a) requires that the Federal Government coordinate the
Federal departments and agencies responsible for ensuring that supply,
to--
            (1) facilitate the availability, development, and
        production of domestic mineral resources to meet national
        needs, including the demands of the Nation's manufacturing and
        agricultural industries;
            (2) promote and encourage the development of economically
        and environmentally sound, safe, and stable domestic mining,
        minerals, metals, processing, and minerals recycling
        industries;
            (3) establish an assessment capability for identifying the
        mineral demands, supply, and needs of our Nation; and
            (4) minimize duplication, needless paperwork, and delays in
        the administration of Federal and State laws and regulations,
        and issuance of permits and authorizations necessary to
        explore, develop, and produce minerals and construct and
        operate mineral-related facilities.

SEC. 4. SECRETARY OF THE INTERIOR REPORT ON ACCESS AND AUTHORIZATIONS
              FOR MINERAL DEVELOPMENT.

    (a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary of the Interior, through the
Bureau of Land Management and the United States Geological Survey, and
in consultation with the Secretary of Agriculture (through the Forest
Service Mineral and Geology Management Division), the Secretary of
Defense, the Secretary of Commerce, and the heads of other appropriate
Federal agencies, shall prepare, submit to Congress, and make available
to the public a report that includes--
            (1) an inventory of the nonfossil-fuel mineral potential of
        lands under the jurisdiction of the Bureau of Land Management
        and the Forest Service and an identification of all such lands
        that have been withdrawn, segregated, or otherwise restricted
        from mineral exploration and development;
            (2) an assessment of--
                    (A) the mineral requirements to meet current and
                emerging national security, economic, industrial
                manufacturing, technological, agricultural, and social
                needs;
                    (B) the Nation's reliance on foreign sources to
                meet those needs; and
                    (C) the implications of mineral supply shortages or
                disruptions;
            (3) a detailed description of the time required to process
        mineral applications, operating plans, leases, licenses,
        permits, and other use authorizations for mineral-related
        activities on lands under the jurisdiction of the Bureau of
        Land Management and the Forest Service, and identification of
        measures that would streamline the processing of such
        applications, such as elimination of overlapping requirements
        or set deadlines;
            (4) an itemized list of all use authorizations referred to
        in paragraph (3) for which applications are pending before the
        Bureau of Land Management and the Forest Service, and the
        length of time each of those applications has been pending;
            (5) an assessment of the impact of litigation on processing
        or issuing mineral exploration and mine permits, identification
        of the statutes the litigation was brought under, and the cost
        to the agency or the Federal Government, including for payments
        of attorney fees;
            (6) an update of the 2009 Economic Impact of the Department
        of the Interior's Programs and Activities report to include
        locatable minerals;
            (7) an assessment of the Federal workforce with educational
        degrees and expertise in economic geology, geochemistry,
        mining, industrial minerals, metallurgy, metallurgical
        engineering, and mining engineering, including--
                    (A) retirement eligibility and agency plans for
                retention, recruitment, and succession planning;
                    (B) comparison of the existing Federal salaries and
                recruitment and retention bonuses with the salaries,
                recruitment incentives, and retention packages normally
                offered in the mineral industry; and
                    (C) examination of the differences between Federal
                and private financial packages for early-, mid-, and
                late-career workers; and
            (8) an inventory of rare earth element potential on the
        Federal lands, and impediments or restrictions on the
        exploration or development of those rare earth elements, and
        recommendations to lift the impediments or restrictions while
        maintaining environmental safeguards.
    (b) Progress Reports.--Not later than one year after the date of
enactment of this Act, and each year thereafter for the following two
years, the Secretary of the Interior shall submit to Congress and make
available to the public a report that describes the progress made in
reaching the policy goals described in section 3(b), including--
            (1) efforts to increase access to domestic supplies of
        minerals, and facilitation of their production; and
            (2) implementation of recommendations contained in--
                    (A) the National Research Council reports--
                            (i) Minerals, Critical Minerals, and the
                        U.S. Economy;
                            (ii) Managing Minerals for a Twenty-First
                        Century Military; and
                            (iii) the current workforce study
                        authorized in sections 385 and 1830 of the
                        Energy Policy Act of 2005 (119 Stat. 744,
                        1137);
                    (B) the Department of Energy Critical Minerals
                Strategy I and II; and
                    (C) the Department of Defense assessment and plan
                for critical rare earth elements in defense
                applications required under section 843 of the National
                Defense Appropriations Act for Fiscal Year 2011.

SEC. 5. NATIONAL MINERAL ASSESSMENT.

    For the first National Mineral Assessment conducted after the date
of enactment of this Act, the United States Geological Survey shall
include mineral assessments for those mineral commodities important to
the Nation's energy infrastructure, manufacturing and agricultural
industries, and to the national defense. Priority should be given to
minerals that are critical based on the impact of a potential supply
restriction and the likelihood of a supply restriction.

SEC. 6. GLOBAL MINERAL ASSESSMENT.

    The United States Geological Survey is directed to expand the
current Global Mineral Assessment to include mineral assessments for
rare earth elements and other minerals that are critical based on the
impact of a potential supply restriction and the likelihood of a supply
restriction. Assessments conducted under this section shall include an
analysis, developed with participation by the National Minerals
Information Center and in consultation with appropriate agencies, of
the rare earth elements or other critical minerals supply chain and
associated processes and products, including mining, processing,
recycling, separation, metal production, alloy production, and
manufacturing of products sold to end users. In conducting the
assessment, the United States Geological Survey should coordinate with
the heads of foreign geologic surveys when possible.

SEC. 7. DEFINITIONS.

    In this Act--
            (1) Inventory.--The term ``inventory'' means an accounting
        of known mineral occurrences and mineral deposits, including
        documentation of identified resources.
            (2) Mineral assessment.--The term ``mineral assessment''
        means an assessment of undiscovered mineral resources that
        includes a qualitative assessment and a quantitative assessment
        of such resources.
            (3) Qualitative assessment.--The term ``qualitative
        assessment'' means a geologic-based delineation (mapping) of
        areas permissive for the occurrence of undiscovered mineral
        resources, based on all available geotechnical data including
        geology, geophysics, geochemistry, remote sensing, and mineral
        localities data.
            (4) Quantitative assessment.--The term ``quantitative
        assessment'' means a probabilistic estimate of the quantity and
        quality by tonnage and grade of undiscovered mineral resources
        in areas delineated as permissive for occurrence in a
        qualitative assessment.

SEC. 8. APPLICABILITY OF OTHER STATUTORY MINING POLICIES.

    Nothing in this Act shall be construed as affecting any provision
of or requirement under the Mining and Minerals Policy Act of 1970 (30
U.S.C. 21a).
            Amend the title so as to read: ``A bill to require the
        Secretary of the Interior to conduct an assessment of the
        capability of the Nation to meet our current and future demands
        for the minerals critical to United States manufacturing and
        agricultural competitiveness and economic and national security
        in a time of expanding resource nationalism, and for other
        purposes.''.

Output:
National Strategic and Critical Minerals Policy Act of 2011 - (Sec. 3) Declares that it is the continuing policy of the United States to promote an adequate and stable supply of minerals to maintain the nation's economic well-being, security, and manufacturing, industrial, energy, agricultural, and technological capabilities.

(Sec. 4) Directs the Secretary of the Interior, through the Bureau of Land Management (BLM) and the U.S. Geological Survey (Survey), to report to Congress: (1) an inventory of the nonfossil-fuel mineral potential of lands under BLM and U.S. Forest Service jurisdiction; (2) an identification of all such lands that have been withdrawn, segregated, or otherwise restricted from mineral exploration and development; (3) a detailed description of the time required to process mineral applications, operating plans, leases, licenses, permits, and other use authorizations for mineral-related activities on lands; (4) an itemized list of all use authorizations for which applications are pending; (5) an assessment of the impact of litigation on the processing or issuing of permits; (6) an assessment of the federal workforce with educational degrees and expertise in economic geology, geochemistry, mining, industrial minerals, metallurgy, metallurgical engineering, and mining engineering; and (7) an inventory of rare earth element potential on federal lands, and impediments to or restrictions on the exploration or development of those rare earth elements, with recommendations to lift the impediments or restrictions while maintaining environmental safeguards.

Requires progress reports to Congress on: (1) efforts to increase access to domestic supplies of minerals, and facilitation of their production; (2) implementation of recommendations in National Research Council reports on "Minerals, Critical Minerals, and the U.S. Economy" and on "Managing Minerals for a Twenty-First Century Military"; (3) the Department of Energy Critical Minerals Strategy I and II; and (4) a specified Department of Defense assessment and plan for critical rare earth elements in defense applications.

(Sec. 5) Directs the Survey, for the first National Mineral Assessment conducted after enactment of this Act, to include mineral assessments for mineral commodities important to the nation's energy infrastructure, manufacturing and agricultural industries, and to the national defense. Urges priority be given to minerals that are critical based on the impact of a potential supply restriction and the likelihood of a supply restriction.

(Sec. 6) Directs the Survey to expand the current Global Mineral Assessment to include mineral assessments for rare earth elements and other minerals that are critical based on the impact of a potential supply restriction and the likelihood of a supply restriction.

Requires such assessments to include an analysis, developed with participation by the National Minerals Information Center, of the rare earth elements or other critical minerals supply chain and associated processes and products, including mining, processing, recycling, separation, metal production, alloy production, and manufacturing of products sold to end users.