Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Regulatory Capture Prevention Act of
2011''.

SEC. 2. OFFICE OF REGULATORY INTEGRITY.

    (a) In General.--Chapter 5 of title 31, United States Code, is
amended by inserting after section 507 the following:
``Sec. 508. Office of Regulatory Integrity
    ``(a) Definitions.--In this section--
            ``(1) the term `Administrator' means the Administrator of
        the Office of Regulatory Integrity;
            ``(2) the term `agency'--
                    ``(A) means each authority of the Government of the
                United States, whether or not it is within or subject
                to review by another agency; and
                    ``(B) does not include--
                            ``(i) the Government Accountability Office;
                        or
                            ``(ii) the Congressional Budget Office; and
            ``(3) the term `relevant committees of Congress' means--
                    ``(A) the Committee on Homeland Security and
                Governmental Affairs of the Senate;
                    ``(B) the Committee on Appropriations of the
                Senate;
                    ``(C) the Committee on the Judiciary of the Senate;
                    ``(D) the Committee on Oversight and Government
                Reform of the House of Representatives;
                    ``(E) the Committee on Appropriations of the House
                of Representatives;
                    ``(F) the Committee on the Judiciary of the House
                of Representatives; and
                    ``(G) with respect to a report other than the
                annual report, any committee in the Senate or House of
                Representatives that exercises oversight authority over
                an agency discussed in the report.
    ``(b) Office of Regulatory Integrity.--
            ``(1) Establishment.--There is established in the Office of
        Management and Budget an office to be known as the Office of
        Regulatory Integrity.
            ``(2) Administrator.--There shall be at the head of the
        Office of Regulatory Integrity an Administrator who shall be
        appointed by the President, by and with the advice and consent
        of the Senate.
    ``(c) Functions of Administrator.--
            ``(1) In general.--In order to defeat regulatory capture
        and related threats to the integrity of Federal agencies, the
        Administrator shall investigate and report on the influence of
        concentrated economic interests on Federal agencies, and
        components thereof, that results in--
                    ``(A) agency action or inaction that fails to
                advance the congressionally assigned mission of the
                agency or is otherwise inimical to the public interest;
                    ``(B) regulation, licensing, adjudication, grants,
                or other agency action that--
                            ``(i) favors a limited number of economic
                        interests at the expense of the agency's
                        congressionally assigned mission; or
                            ``(ii) is otherwise inimical to the public
                        interest;
                    ``(C) enforcement priorities that are not
                reasonably calculated to accomplish the goals of the
                regulatory program in question; or
                    ``(D) a loss of confidence in the integrity of the
                regulatory process.
            ``(2) Recommendations by the administrator.--When reporting
        on the influence of concentrated economic interests on an
        agency, the Administrator shall include recommendations that,
        if implemented, would restore integrity to the regulatory
        process by enhancing the capacity of the agency to resist such
        influence.
            ``(3) Comments by federal agencies.--Unless the
        Administrator determines that the public interest requires
        immediate release, the Administrator shall--
                    ``(A) provide a copy of a report to the relevant
                Federal agencies not less than 30 days before the
                completion of a report by the Administrator; and
                    ``(B) include the comments of the relevant Federal
                agencies as addenda to the report upon release.
            ``(4) Coordination with inspectors general.--The
        Administrator shall inform the inspectors general of the
        relevant Federal agencies upon initiation of an investigation
        and may coordinate with the inspectors general as the
        Administrator concludes is appropriate to fulfill the
        responsibilities established by this section.
    ``(d) Authority of Administrator.--
            ``(1) In general.--In addition to the authority otherwise
        provided by this section, the Administrator, in carrying out
        the provisions of this section, is authorized to--
                    ``(A) have access to all records, reports, audits,
                reviews, documents, papers, recommendations, or other
                material available to the applicable agency which
                relate to regulatory activities with respect to which
                the Administrator has responsibilities under this
                section;
                    ``(B) make such investigations and reports relating
                to the administration of the programs and operations of
                the applicable agency as are, in the judgment of the
                Administrator, necessary or desirable;
                    ``(C) request such information or assistance as may
                be necessary to carry out the duties and
                responsibilities provided by this section from any
                Federal, State, or local governmental agency or unit
                thereof;
                    ``(D) require by subpoena the production of all
                information, documents, reports, answers, records,
                accounts, papers, and other data in any medium
                (including electronically stored information, as well
                as any tangible thing) and documentary evidence
                necessary in the performance of the functions assigned
                by this section, which subpoena, in the case of
                contumacy or refusal to obey, shall be enforceable by
                order of any appropriate United States District Court,
                except that procedures other than subpoenas shall be
                used by the Administrator to obtain documents and
                information from Federal agencies;
                    ``(E) administer to or take from any person an
                oath, affirmation, or affidavit, whenever necessary in
                the performance of the functions assigned by this
                section, which oath, affirmation, or affidavit when
                administered or taken by or before an employee of the
                Office of Regulatory Integrity designated by the
                Administrator shall have the same force and effect as
                if administered or taken by or before an officer having
                a seal;
                    ``(F) have direct and prompt access to the head of
                the agency involved when necessary for any purpose
                pertaining to the performance of functions and
                responsibilities under this section;
                    ``(G) select, appoint, and employ such officers and
                employees as may be necessary to carry out the
                functions, powers, and duties of the Office of
                Regulatory Integrity subject to the provisions of title
                5, governing appointments in the competitive service,
                and the provisions of chapter 51 and subchapter III of
                chapter 53 of such title relating to classification and
                General Schedule pay rates;
                    ``(H) obtain services as authorized by section 3109
                of title 5 at daily rates not to exceed the equivalent
                rate prescribed for a position at level IV of the
                Executive Schedule; and
                    ``(I) the extent and in such amounts as may be
                provided in advance by appropriations Acts, enter into
                contracts and other arrangements for audits, studies,
                analyses, and other services with public agencies and
                with private persons, and to make such payments as may
                be necessary to carry out the provisions of this
                section.
            ``(2) Information and assistance.--
                    ``(A) Information and assistance by head of
                agency.--Upon request of the Administrator for
                information or assistance under paragraph (1), the head
                of any agency involved shall, insofar as is practicable
                and not in contravention of any statutory restriction
                or regulation of the agency from which the information
                is requested, furnish to the Administrator, or to an
                authorized designee, such information or assistance.
                    ``(B) Information and assistance by inspectors
                general.--Upon request of the Administrator for
                information or assistance under paragraph (1), the
                Inspector General of any agency involved shall, insofar
                as is practicable and not in contravention of any
                statutory restriction or regulation of the agency from
                which the information is requested, furnish to the
                Administrator, or to an authorized designee, such
                information or assistance.
                    ``(C) Reports of inspectors general.--The inspector
                general of each agency shall provide copies of all
                reports issued by that inspector general to the
                Administrator in a timely manner, and may provide the
                Administrator at any time with information the
                inspector general believes relevant to the performance
                of the Administrator's duties.
                    ``(D) Details of employees.--Upon request of the
                Administrator, the head of any agency shall, to the
                extent reasonably practicable, and on a reimbursable
                basis, detail personnel of that agency to the Office of
                Regulatory Integrity to assist it in carrying out its
                duties under this section.
                    ``(E) Reports to heads of agencies.--Whenever
                information or assistance requested under paragraph (1)
                is, in the judgment of the Administrator, unreasonably
                refused or not provided, the Administrator shall report
                the circumstances to the head of the agency involved
                without delay.
            ``(3) Limitation on authority.--Except as provided in
        paragraphs (1) (A) and (F) and (2) (A), (B), and (D), the
        Administrator may not control or direct any law enforcement
        agency, including the Department of Justice, in the exercise of
        the Administrator's investigative authority.
    ``(e) Consultation With Government Accountability Office.--
            ``(1) In general.--The Administrator may consult with the
        Government Accountability Office as to the scope and focus of
        an investigation.
            ``(2) Comments by the government accountability office.--
        Unless the Administrator determines that the public interest
        requires immediate release, the Administrator shall--
                    ``(A) provide a copy of a report to the Government
                Accountability Office not less than 30 days before the
                completion of a report by the Administrator; and
                    ``(B) include the comments of the Government
                Accountability Office as addenda to the report upon
                release.
            ``(3) Availability of reports.--Subject to the restrictions
        under subsection (g), the Administrator shall make all reports
        available to the Government Accountability Office.
            ``(4) Comments by government accountability office.--Not
        later than 60 days after receipt of a report from the
        Administrator, the Government Accountability Office shall
        publish written comments on the methodology and conclusions of
        the report.
            ``(5) Further investigations by administrator.--Upon
        request for further investigation by the Government
        Accountability Office, the Administrator shall--
                    ``(A) perform the requested investigation as
                promptly as reasonably feasible; or
                    ``(B) provide the Government Accountability Office
                with a written explanation why the Administrator has
                chosen not to pursue further investigation.
            ``(6) Further investigations by the government
        accountability office.--Except as otherwise proscribed by law,
        the Government Accountability Office may perform any further
        investigation it determines appropriate.
    ``(f) Consultation With Administrative Conference of the United
States.--
            ``(1) In general.--Not later than 180 days after the date
        of enactment of the Regulatory Capture Prevention Act of 2011,
        the Administrative Conference of the United States shall
        provide the Administrator with written guidance on--
                    ``(A) the principal means by which concentrated
                economic interests wield influence across the Federal
                agencies;
                    ``(B) the most salient threats to regulatory
                integrity arising from that influence; and
                    ``(C) effective measures to minimize regulatory
                capture.
            ``(2) Guidance.--On a continuing basis, the Administrator
        shall develop, in consultation with the Administrative
        Conference of the United States, written guidance describing
        the most pervasive threats to regulatory integrity and the
        factors that primarily inform the exercise of the
        Administrator's investigatory discretion.
            ``(3) Comments.--The Administrative Conference of the
        United States shall, to the extent it determines appropriate,
        comment upon reports issued by the Administrator.
    ``(g) Reports to Congress; Public Release.--
            ``(1) In general.--Not later than 30 days after completion
        of each report, the Administrator shall submit that report to
        the relevant committees of Congress. The relevant committees of
        Congress shall hold hearings on the report as the committees
        determine appropriate.
            ``(2) Annual reports.--
                    ``(A) In general.--Not later than April 30 of each
                year, the Administrator shall prepare and provide to
                the relevant committees of Congress an annual report
                summarizing the activities of the Office of Regulatory
                Integrity during the immediately preceding 12-month
                period ending March 31.
                    ``(B) Contents.--Reports under this paragraph shall
                include--
                            ``(i) a description of significant
                        problems, abuses, and deficiencies relating to
                        the undue influence in agencies of concentrated
                        economic interests during the reporting period;
                            ``(ii) a description of the recommendations
                        for corrective action made by the Office of
                        Regulatory Integrity during the reporting
                        period with respect to significant problems,
                        abuses, or deficiencies identified under clause
                        (i);
                            ``(iii) an identification of each
                        significant recommendation described in
                        previous semiannual reports on which corrective
                        action has not been completed;
                            ``(iv) a summary of each report issued by
                        the Office of Regulatory Integrity; and
                            ``(v) a financial report for the Office of
                        Regulatory Integrity.
            ``(3) Public disclosure.--
                    ``(A) In general.--Not later than 30 days after the
                transmission of the annual report to the Congress, the
                Administrator shall make copies of such report
                available on a publicly available Internet website.
                    ``(B) Limitations on disclosures.--Nothing in this
                paragraph shall be construed to authorize the public
                disclosure of information which is--
                            ``(i) specifically prohibited from
                        disclosure by any other provision of law;
                            ``(ii) specifically required by Executive
                        order to be protected from disclosure in the
                        interest of national defense or national
                        security or in the conduct of foreign affairs;
                        or
                            ``(iii) a part of an ongoing criminal
                        investigation.
                    ``(C) Information in public record.--
                Notwithstanding subparagraph (B), any report under this
                subsection may be disclosed to the public in a form
                which includes information with respect to a part of an
                ongoing criminal investigation if such information has
                been included in a public record.
                    ``(D) No withholding of information from
                congress.--Nothing in this section shall be construed
                to authorize or permit the withholding of information
                from the Congress, or from any committee or
                subcommittee thereof, except as otherwise authorized by
                law.
    ``(h) Authorization of Appropriations.--There are authorized to be
appropriated for each fiscal year such sums as may be necessary to
carry out this section.''.
    (b) Technical and Conforming Amendment.--The table of sections for
chapter 5 of title 31, United States Code, is amended by inserting
after the item relating to section 507 the following:

``Sec. 508. Office of Regulatory Integrity.''.

SEC. 3. EFFECTIVE DATE.

    The amendments made by section 2 shall take effect 90 days after
the date of enactment of this Act.

Output:
Regulatory Capture Prevention Act of 2011 - Establishes the Office of Regulatory Integrity in the Office of Management and Budget (OMB), to be headed by an Administrator. Requires the Administrator to investigate and report on the influence of concentrated economic interests on federal agencies that results in: (1) agency action or inaction that fails to advance the mission of the agency or is otherwise inimical to the public interest; (2) regulation, licensing, adjudication, grants, or other agency action that favors a limited number of economic interests or is otherwise inimical to the public interest; (3) enforcement priorities that are not reasonably calculated to accomplish regulatory goals; and (4) a loss of confidence in the integrity of the regulatory process.

Grants certain powers to the Administrator to carry out this Act, including access to agency records, subpoena power, direct and prompt access to the head of a relevant agency and access to information and assistance by such agency.

Requires the Administrative Conference of the United States to provide the Administrator with written guidance on the principal means by which concentrated economic interests wield influence on federal agencies, the most salient threats to regulatory integrity arising from such influence, and effective measures to minimize regulatory capture.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Opportunities for Success Act of
2013''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Internships are increasingly important to the ability
        of college students to gain skills, make professional
        connections, and find jobs after graduation.
            (2) In 2011, according to the National Association of
        Colleges and Employers, employers offered full-time positions
        to 61.2 percent of their interns with an acceptance rate of
        86.5 percent.
            (3) Many students struggle to make ends meet; 66 percent of
        young community college students dedicate more than 20 hours a
        week to an outside job, and the need of many students to
        maintain a part-time or full-time job reduces or eliminates the
        time available for an internship.
            (4) Internships often require significant time commitments
        or temporary relocation, which many students are unable to
        afford; these additional living expenses include housing,
        meals, and travel, and these costs make unpaid internships with
        employers like non-profit organizations and government even
        more inaccessible for those with low and middle incomes.
            (5) In 2011, 46 percent of students who had completed an
        internship were offered jobs, compared with 31 percent of
        students who did not complete an internship; more than 76
        percent of employers rank relevant experience as the most
        important quality when hiring.
            (6) Many university officials and employers acknowledge
        that participating in an undergraduate internship is extremely
        helpful for finding meaningful employment in today's job
        market.

SEC. 3. OPPORTUNITIES FOR SUCCESS PROGRAM.

    (a) Program Authorized.--From the amounts made available to carry
out this Act, the Secretary of Education shall establish a grant
program to award grants to qualifying educational institutions in
accordance with this section in order to support eligible students
attending such institutions during internships.
    (b) Application.--To receive a grant under this section, a
qualifying educational institution shall submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary may require.
    (c) Use of Funds by Qualifying Educational Institutions.--A
qualifying educational institution receiving a grant under this section
shall use the grant funds in accordance with the following:
            (1) Activities.--Such institution may only use the grant to
        fund internship awards in accordance with this section to
        eligible students enrolled at the institution.
            (2) Administration of internship awards.--Internship awards
        made from the grant--
                    (A) shall be administered by the financial aid
                office of such institution; and
                    (B) may be administered in conjunction with the
                career development office and career center of such
                institution.
            (3) Prohibition on alteration of financial aid.--A
        student's receipt of an internship award from a grant under
        this section shall not be taken into account in determining the
        need or eligibility of the student for financial assistance
        under title IV of the Higher Education Act of 1965 (20 U.S.C.
        1070 et seq.).
            (4) Supplement not supplant.--Funds made available to carry
        out this section shall be used to supplement, and not supplant,
        other Federal and State funds available to carry out the
        activities described in this section.
            (5) Deadline for summer internships.--Such institution
        shall make an award for a summer internship under this section
        by June 30 of a calendar year preceding the first day of the
        summer internship for that year.
    (d) Calculating Award Amounts.--
            (1) Amount to qualifying educational institutions.--
                    (A) In general.--In determining a grant amount for
                a qualifying educational institution under this
                section, the Secretary shall ensure that the
                institution's grant is equal to an amount that bears
                the same relationship to the total funds available to
                carry out this section for a fiscal year as the number
                of eligible students enrolled at the institution (as
                determined by the Secretary on the basis of the most
                recent satisfactory data) bears to the total number of
                eligible students enrolled at all qualifying
                educational institutions, as so determined.
                    (B) Reallocation.--If a qualifying educational
                institution does not receive funds under this
                paragraph, the Secretary shall reallocate such funds to
                other qualifying educational institutions in the same
                proportion funds are allocated under subparagraph (A).
                    (C) Exception.--In the case of a qualifying
                educational institution that does not award all of the
                grant funds received under this section for a fiscal
                year to eligible students in accordance with this
                section, the Secretary, in awarding grants under this
                section for the succeeding fiscal year--
                            (i) shall reallocate the unused funds to
                        other qualifying educational institutions in
                        the same proportion funds are allocated under
                        subparagraph (A); and
                            (ii) may award such institution a grant in
                        an amount that is less than the full grant
                        amount such institution would have otherwise
                        received under subparagraph (A) for such year.
            (2) Student award parameters.--
                    (A) Maximum student award.--A student receiving an
                award of funds from a grant to a qualifying educational
                institution under this section may not receive--
                            (i) more than $5,000 from such grant if the
                        award is for a full-time internship; and
                            (ii) more than $2,500 from such grant if
                        the award is for a part-time internship.
                    (B) Calculation of student award.--
                            (i) Unpaid internships.--
                                    (I) Awards for in-school
                                students.--Subject to subparagraph (A),
                                in the case of a student receiving an
                                award for an unpaid internship that
                                occurs during a period of enrollment at
                                the awarding qualifying educational
                                institution, the amount of the award
                                shall be, to the extent practicable, an
                                amount based on the higher of--
                                            (aa) the applicable Federal
                                        minimum wage by each hour of
                                        the internship; or
                                            (bb) the applicable State
                                        minimum wage of the State in
                                        which the institution is
                                        located by each hour of the
                                        internship.
                                    (II) Awards for students during
                                summer and winter terms.--
                                            (aa) In general.--Subject
                                        to subparagraph (A), in the
                                        case of a student receiving an
                                        award for an unpaid internship
                                        that occurs during a period of
                                        nonattendance at the awarding
                                        educational institution, the
                                        amount of the award shall, to
                                        the extent practicable, be an
                                        amount that covers reasonable
                                        cost of living expenses for the
                                        student.
                                            (bb) Reasonable cost of
                                        living expenses.--For purposes
                                        of item (aa), ``reasonable cost
                                        of living expenses'' shall
                                        include considerations of--

                                                    (AA) the location
                                                of the internship;

                                                    (BB) the length of
                                                the internship;

                                                    (CC) travel costs
                                                associated with the
                                                internship;

                                                    (DD) housing costs
                                                during the duration of
                                                the internship;

                                                    (EE) meal costs
                                                during the duration of
                                                the internship; and

                                                    (FF) whether the
                                                internship is full-time
                                                or part-time.

                            (ii) Paid internships.--In the case of a
                        student receiving an award for a paid
                        internship, the amount of the award shall be
                        determined by reducing the amount such student
                        would receive for an unpaid internship as
                        calculated under clause (i) by the amount of
                        income that the internship will provide to the
                        student.
    (e) Awards Non-Taxable.--An award received by a student under this
section shall not be considered taxable income.
    (f) Carry-Back Authorized.--A qualifying educational institution
receiving a grant under this section for a fiscal year may use such
grant funds to make internship awards under this section prior to the
beginning of the fiscal year, but after the end of the previous
academic year.
    (g) Reports.--Not later than 1 year after the date of enactment of
this Act and each succeeding year in which the Secretary makes grants
under this section, the Secretary shall submit to Congress a report
detailing, with regard to grants made under this section for the
previous academic year--
            (1) the percentage of students receiving internship funds
        from grants under this section who, not later than 2 years
        after graduating from a qualifying educational institution, are
        hired in a field related to the internship for which the
        students received such funds;
            (2) the number of qualifying educational institutions
        receiving grants under this section;
            (3) the categories of qualifying educational institutions
        (such as 4-year public institutions, 4-year private, nonprofit
        institutions, 2-year public institutions, and 2-year private,
        nonprofit institutions) receiving grants under this section;
            (4) the number of students receiving internship funds from
        grants under this section, and the degrees such students are
        pursuing;
            (5) the number of paid internships, and the number of
        unpaid internships, funded by such grants;
            (6) the locations of internships funded by such grants;
            (7) the number of students who used internship funds
        awarded under this section to complete an internship more than
        60 miles from the qualifying educational institution that made
        such award or that required the students to temporarily
        relocate for the duration of the internship; and
            (8) the types of internships (such as full-time summer
        internships, part-time summer internship, or part-time semester
        internships) completed by students receiving awards funded by
        such grants.
    (h) Regulations.--The Secretary shall prescribe such regulations as
may be necessary to carry out this section, including regulations that
provide guidance to qualifying educational institutions on how to
determine whether an internship meets the requirements of subclauses
(I) through (III) of subsection (i)(1)(F)(vi).
    (i) Definitions.--For purposes of this section:
            (1) Eligible student.--The term ``eligible student'' means
        a student who--
                    (A) is a full-time or half-time student (as such
                terms are defined in section 668.2 of title 34, Code of
                Federal Regulations (or a successor regulation));
                    (B) is eligible for a Federal Pell Grant under
                section 401 of the Higher Education Act of 1965 (20
                U.S.C. 1070a et seq.);
                    (C) is enrolled at a qualifying educational
                institution in a program of study that leads to an
                associate's or bachelor's degree;
                    (D) if the student has accepted an internship
                during a period of nonattendance at a qualifying
                educational institution--
                            (i) demonstrates that the student is
                        planning to re-enroll at such institution for
                        the next period of enrollment at such
                        institution by registering for such period of
                        enrollment at the institution or accepting the
                        institution's offer of admittance for such
                        period of enrollment; and
                            (ii) will be eligible for a Federal Pell
                        Grant under section 401 of such Act (20 U.S.C.
                        1070a et seq.), for such period of enrollment;
                    (E) has not, while pursuing the same degree that
                such student is currently pursuing, previously received
                an award that included funds granted under subsection
                (a) to a qualifying educational institution; and
                    (F) has received an official internship offer, as
                defined by the Secretary in regulations, for an
                internship that--
                            (i) is located within the United States;
                            (ii) in a case in which the internship
                        employs (as defined under section 3(g) of the
                        Fair Labor Standards Act (29 U.S.C. 203(g)) the
                        student, meets the requirements of such Act (29
                        U.S.C. 201 et seq.);
                            (iii) is a full-time summer internship, a
                        part-time summer internship, or a part-time
                        semester internship;
                            (iv) is not less than 4 weeks in duration,
                        and is not greater in duration than the shorter
                        of--
                                    (I) the length of a standard
                                academic period at the qualifying
                                educational institution; or
                                    (II) in the case of an internship
                                that occurs during a period of
                                nonattendance at the awarding
                                qualifying educational institution, 10
                                weeks, or in the case of an internship
                                that occurs during a period of
                                attendance at the awarding qualifying
                                educational institution, 12 weeks;
                            (v) is--
                                    (I) an unpaid internship; or
                                    (II) a paid internship that,
                                according to the determination of the
                                qualifying educational institution,
                                without an award under this section
                                such student would otherwise be unable
                                to afford participating in such
                                internship; and
                            (vi) is determined by the qualifying
                        educational institution to be an internship
                        that--
                                    (I) is of good and reputable
                                quality;
                                    (II) affords adequate educational
                                or skill-building opportunities; and
                                    (III) is reasonably associated with
                                the student's course of study at a
                                qualifying educational institution.
            (2) Full-time.--The term ``full-time'', when used with
        respect to an internship, shall be defined by the Secretary in
        regulations.
            (3) Qualifying educational institution.--The term
        ``qualifying educational institution'' has the meaning given
        the term ``institution of higher education'' in section 101(a)
        of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).
            (4) Part-time.--The term ``part-time'', when used with
        respect to an internship, shall be defined by the Secretary in
        regulations.
            (5) Period of nonattendence.--The term ``period of
        nonattendence'', when used with respect to a student, means a
        period during which the student is not enrolled at a qualifying
        educational institution, including a summer or winter term.
            (6) Secretary.--The term ``Secretary'' means the Secretary
        of Education.

Output: Opportunities for Success Act of 2013 - Directs the Secretary of Education to award grants to institutions of higher education for use in providing their students with financial support to engage in internships reasonably associated with their studies. Requires support recipients to be full-time or half-time students who are eligible for Federal Pell Grants. Sets the student support level for unpaid internships at: (1) the higher of the federal or state minimum wage for each hour of the internship, if the internship occurs while the student is enrolled in classes; and (2) the student's reasonable cost of living expenses, if the internship occurs while the student is not enrolled in classes. Sets the support level for paid internships by reducing the amount the student would receive for an unpaid internship by the amount the paid internship provides to the student. Caps the total support a student may receive for full-time and part-time internships. Makes that support nontaxable and excludes it from the calculation of a student's need or eligibility for financial assistance under title IV (Student Assistance) of the Higher Education Act of 1965.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Middle East and North Africa
Transition and Development Act''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) The European Bank for Reconstruction and Development
        was created to support the transition of command economies to
        market economies following the collapse of communist regimes in
        1989.
            (2) The Bank is the only international financial
        institution that--
                    (A) has a transition mandate;
                    (B) includes political aspects to its mandate; and
                    (C) seeks to assist only those countries that are
                committed to, and are applying, the principles of
                multiparty democracy, pluralism, and development of
                market economics in accordance with Article 1 of the
                Agreement Establishing the European Bank for
                Reconstruction and Development.
            (3) Egypt, which is a current shareholder of the Bank, has
        requested that the Bank consider Egypt's candidacy for becoming
        a country of activity. Consideration for including Egypt in the
        Bank's geographic mandate has been accelerated at the request
        of Egypt's interim government.
            (4) Other countries from the Middle East and North Africa,
        including Tunisia, have requested that the Bank consider their
        potential to become countries of activity.
            (5) The Bank estimates that approximately $4,000,000,000
        per year could be provided for financial investment in new
        countries of activity in North Africa from the Bank's existing
        financial resources, without the need to call on its
        shareholders for additional capital.
            (6) The functions of the Bank are consistent with the
        critical and rising economic needs of Egypt and the Middle East
        and North Africa.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Agreement establishing the european bank for
        reconstruction and development.--The term ``Agreement
        Establishing the European Bank for Reconstruction and
        Development'' means the Agreement establishing the European
        Bank for Reconstruction and Development, done at Paris May 29,
        1990, and entered into force March 28, 1991.
            (2) Appropriate congressional committees.--The term
        ``appropriate congressional committees'' means--
                    (A) the Committee on Foreign Relations and the
                Committee on Appropriations of the Senate; and
                    (B) the Committee on Financial Services and the
                Committee on Appropriations of the House of
                Representatives.
            (3) Bank.--The term ``Bank'' means the European Bank for
        Reconstruction and Development.
            (4) Country of activity.--The term ``country of activity''
        means a country in which the Bank provides its resources for
        loans or other assistance, including through the use of special
        funds.
            (5) International financial institution.--The term
        ``international financial institution'' has the meaning given
        that term in section 1701(c)(2) of the International Financial
        Institutions Act (22 U.S.C. 262r(c)(2)).
            (6) Multilateral development bank.--The term ``multilateral
        development bank'' has the meaning given that term in section
        1701(c)(4) of the International Financial Institutions Act (22
        U.S.C. 262r(c)(4)).

SEC. 4. UNITED STATES POLICY WITH RESPECT TO COUNTRIES LOCATED IN THE
              MIDDLE EAST AND NORTH AFRICA.

    (a) Policy Declaration.--It is the policy of the United States--
            (1) to support a successful and sustainable transition to
        democracy in the Middle East and North Africa, including Egypt
        and Tunisia, that reflects the legitimate aspirations of the
        people in that region for greater political freedom and
        economic opportunity; and
            (2) to increase economic prosperity in that region through
        financial investment and technical assistance and by utilizing
        the resources of appropriate multilateral development banks.
    (b) Promotion of United States Policy.--The Secretary of the
Treasury should instruct the United States Executive Director of the
European Bank for Reconstruction and Development to use the voice and
vote of the United States to promote the policies described in
subsection (a).

SEC. 5. NEGOTIATING OBJECTIVES WITH RESPECT TO AN AGREEMENT TO EXPAND
              THE MANDATE OF THE EUROPEAN BANK FOR RECONSTRUCTION AND
              DEVELOPMENT TO COUNTRIES LOCATED IN THE MIDDLE EAST AND
              NORTH AFRICA.

    (a) In General.--The negotiating objectives of the United States
with respect to an agreement described in subsection (b) should be to
seek--
            (1) criteria that are consistent with the criteria
        described in section 6(b) for the approval of loans or other
        assistance by the Bank for countries that become countries of
        activity as a result of the implementation of the agreement;
        and
            (2) the establishment by the Bank of a credible mechanism
        to ensure that countries of activity that are not committed to
        the fundamental principles of multiparty democracy, pluralism,
        and market economics do not continue to benefit from the
        resources of the Bank.
    (b) Agreement Described.--An agreement described in this subsection
is an agreement to expand the use of the resources of the Bank for
countries located in the Middle East or North Africa, including through
an amendment to the Agreement Establishing the European Bank for
Reconstruction and Development.

SEC. 6. SUPPORT FOR LOANS AND OTHER ASSISTANCE PROVIDED BY THE BANK TO
              COUNTRIES OF ACTIVITY THAT MEET CERTAIN CRITERIA.

    (a) In General.--The Secretary of the Treasury should instruct the
United States Executive Director of the Bank to use the voice and vote
of the United States to oppose the approval of a loan or other
assistance from the Bank to a country of activity in the Middle East or
North Africa if the country does not meet the criteria described in
subsection (b).
    (b) Criteria Described.--A country of activity meets the criteria
described in this subsection if the government of the country--
            (1) requests the Bank to conduct activities in the country;
            (2) meets, or is demonstrably committed to meeting, the
        criteria set forth in Article 1 of the Agreement Establishing
        the European Bank for Reconstruction and Development, including
        a commitment to ``the principles of multiparty democracy,
        pluralism and market economics'';
            (3) demonstrates a commitment to free, fair, and inclusive
        elections that meet international standards;
            (4) has a public commitment to universally recognized human
        rights and freedoms, including freedom of religion,
        association, assembly, and expression, and demonstrates a
        commitment to respect those rights and freedoms in practice;
        and
            (5) implements, or is demonstrably committed to
        implementing, economic reforms that advance private sector
        growth, improve the investment climate, increase transparency,
        especially transparency in public finances, and foster job
        creation.
    (c) Consultations With Congress With Respect to New Countries of
Activity.--Not later than 10 days before a vote of the Board of
Directors or the Board of Governors of the Bank to approve a country
located in the Middle East or in North Africa as a new country of
activity, the Secretary of the Treasury shall--
            (1) notify the appropriate congressional committees of the
        vote; and
            (2) consult with those committees and describe to those
        committees how that country meets the criteria established by
        the Bank for being a country of activity.
    (d) Annual Report.--Not later than one year after the date of the
enactment of this Act, and annually thereafter until the fifth year
after such date of enactment, the Secretary of the Treasury shall
submit to the appropriate congressional committees a report that
includes the following:
            (1) A description of the activities of the Bank in each
        country of activity that is located in the Middle East or in
        North Africa.
            (2) The assessment of the Bank with respect to the ongoing
        eligibility of each such country to receive assistance from the
        Bank.
            (3) A description of how the activities carried out by the
        Bank in each such country during the preceding year served to
        promote the functions of the Bank, as described in Article 2 of
        the Agreement Establishing the European Bank for Reconstruction
        and Development.
            (4) An assessment of--
                    (A) the extent to which the activities of the Bank
                are complementary to the activities of other
                international financial institutions operating in the
                Middle East and North Africa; and
                    (B) the extent of cooperation between the Bank and
                those other international financial institutions.
            (5) A list of any countries being considered to be new
        countries of activity.

SEC. 7. SUPPORT FOR CLEAR STANDARDS FOR GRADUATION OF COUNTRIES OF
              ACTIVITY.

    The Secretary of the Treasury should instruct the United States
Executive Director of the Bank to use the voice and vote of the United
States to seek the adoption by the Bank of clear standards for the
successful graduation of countries of activity if those countries have
substantially achieved the transition objectives of the Bank.

SEC. 8. AUTHORIZATION FOR THE EUROPEAN BANK FOR RECONSTRUCTION AND
              DEVELOPMENT.

    (a) Findings.--Congress makes the following findings:
            (1) The request by the European Bank for Reconstruction and
        Development for subscription of capital is for callable shares
        only. Historically, callable shares, while requiring an
        authorization of funds, do not require an appropriation.
            (2) The International Programs Justification for
        Appropriations and Fiscal Year 2012 Budget Request of the
        Department of the Treasury for the European Bank for
        Reconstruction and Development is $0, stating that ``[t]his
        callable capital does not require appropriated funds''.
    (b) Authorization.--The European Bank for Reconstruction and
Development Act (section 562(c) of Public Law 101-531; 22 U.S.C. 290l
et seq.) is amended by adding at the end the following:
            ``(12) Capital increase.--
                    ``(A) Subscription authorized.--
                            ``(i) In general.--The United States
                        Governor of the Bank may subscribe on behalf of
                        the United States to not more than 90,044
                        additional callable shares of capital stock of
                        the Bank, in accordance with Resolution 128, as
                        adopted by the Board of Governors of the Bank
                        at the annual meeting in Zagreb, Croatia, on
                        May 14, 2010.
                            ``(ii) Condition.--Any subscription by the
                        United States to additional capital stock of
                        the Bank shall be effective only to such extent
                        and in such amounts as are provided for in
                        advance by appropriations Acts.
                    ``(B) Authorization of appropriations.--In order to
                pay for the increase in the United States subscription
                to capital stock of the Bank authorized under
                subparagraph (A), there are authorized to be
                appropriated $1,252,331,952, without fiscal year
                limitation, for payment by the Secretary of the
                Treasury.''.

SEC. 9. STATUS OF COUNTRIES AS CANDIDATE COUNTRIES UNDER THE MILLENNIUM
              CHALLENGE ACT OF 2003.

    Section 606 of the Millennium Challenge Act of 2003 (22 U.S.C.
7705) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)--
                            (i) by amending the paragraph heading to
                        read as follows:
            ``(1) In general.--'';
                            (ii) in the matter preceding subparagraph
                        (A), by striking ``fiscal year 2004'' and
                        inserting ``any fiscal year'';
                            (iii) by amending subparagraph (A) to read
                        as follows:
                    ``(A) the country--
                            ``(i) has a per capita income that is not
                        greater than the World Bank's lower middle
                        income country threshold for such fiscal year;
                        and
                            ``(ii) is among the 75 lowest per capita
                        income countries, as identified by the World
                        Bank; and''; and
                            (iv) in subparagraph (B), by striking
                        ``subject to paragraph (3)'' and inserting
                        ``subject to paragraph (2)'';
                    (B) by striking paragraph (2); and
                    (C) by redesignating paragraph (3) as paragraph
                (2);
            (2) in subsection (b)--
                    (A) in paragraph (1)--
                            (i) in the matter preceding subparagraph
                        (A), by striking ``for fiscal year 2006 or a
                        subsequent fiscal year'' and inserting ``for
                        any fiscal year''; and
                            (ii) by striking subparagraphs (A) and (B)
                        and inserting the following:
                    ``(A) has a per capita income that is not greater
                than the World Bank's lower middle income country
                threshold for such fiscal year;
                    ``(B) is not among the 75 lowest per capita income
                countries as identified by the World Bank; and
                    ``(C) meets the requirements under subsection
                (a)(1)(B).''; and
                    (B) in paragraph (2)--
                            (i) by striking ``for fiscal year 2006 or
                        any subsequent fiscal year'' and inserting
                        ``for any fiscal year''; and
                            (ii) by striking ``for fiscal year 2006 or
                        the subsequent fiscal year, as the case may
                        be'' and inserting ``for such fiscal year'';
            (3) by redesignating subsection (c) as subsection (d); and
            (4) by inserting after subsection (b) the following:
    ``(c) Maintaining Candidate Status.--Beginning in fiscal year 2012,
a country the per capita income of which changes during a fiscal year
so that the country no longer meets the requirements for being a
candidate country under subsection (a)(1) or (b)(1) shall,
notwithstanding that change in per capita income, continue to be
eligible to be a candidate country under subsection (a)(1) or (b)(1)
(as the case may be) during that fiscal year and the 3 fiscal years
thereafter to the same extent and in the same manner as if the per
capita income of the country had not changed.''.

Output:
Middle East and North Africa Transition and Development Act - States that it is U.S. policy to: (1) support a democratic transition in the Middle East and North Africa, including Egypt and Tunisia; and (2) increase economic prosperity in that region through financial investment and technical assistance and by utilizing the resources of appropriate multilateral development banks.

States that U.S. negotiating objectives to expand the European Bank for Reconstruction and Development's (Bank) resources for countries in the Middle East or North Africa should be to seek: (1) specified lending criteria for loans or other Bank assistance for countries of activity (countries provided with Bank resources for loans or other assistance), and (2) establishment of a Bank mechanism to ensure that countries of activity not committed to multiparty democracy and market economics do not benefit from Bank resources.

Urges the Secretary of the Treasury to use U.S. influence to: (1) oppose the approval of a loan or other Bank assistance to a country of activity in the Middle East or North Africa that does not meet specified criteria, and (2) seek the Bank's adoption of clear standards for the graduation of countries of activity that have substantially achieved required transition objectives.

Amends the European Bank for Reconstruction and Development Act to authorize the U.S. Governor of the Bank to subscribe to additional shares of Bank stock. Authorizes appropriations for such purpose.

Amends the Millennium Challenge Act of 2003 to: (1) revise candidate country criteria, and (2) permit a country that no longer meets the requirements for being a candidate country because of per capita income changes in a fiscal year to maintain such candidate status during such fiscal year and the next three fiscal years.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Housing Authority Funding Fairness
Act of 2007''.

SEC. 2. VOUCHER RENEWAL FUNDING.

    Section 8 of the United States Housing Act of 1937 (42 U.S.C.
1437f) is amended by striking subsection (dd) and inserting the
following new subsection:
    ``(dd) Tenant-Based Vouchers.--
            ``(1) Authorization of appropriations.--There are
        authorized to be appropriated, for each of fiscal years 2008
        through 2012, such sums as may be necessary for tenant-based
        assistance under subsection (o) for the following purposes:
                    ``(A) To renew all expiring annual contributions
                contracts for tenant-based rental assistance.
                    ``(B) To provide tenant-based rental assistance
                for--
                            ``(i) relocation and replacement of housing
                        units that are demolished or disposed of
                        pursuant to the Omnibus Consolidated
                        Rescissions and Appropriations Act of 1996
                        (Public Law 104-134);
                            ``(ii) conversion of section 23 projects to
                        assistance under this section;
                            ``(iii) the family unification program
                        under subsection (x) of this section;
                            ``(iv) relocation of witnesses in
                        connection with efforts to combat crime in
                        public and assisted housing pursuant to a
                        request from a law enforcement or prosecution
                        agency;
                            ``(v) enhanced vouchers authorized under
                        subsection (t) of this section;
                            ``(vi) vouchers in connection with the HOPE
                        VI program under section 24;
                            ``(vii) demolition or disposition of public
                        housing units pursuant to section 18 of the
                        United States Housing Act of 1937 (42 U.S.C.
                        1437p);
                            ``(viii) mandatory and voluntary
                        conversions of public housing to vouchers,
                        pursuant to sections 33 and 22 of the United
                        States Housing Act of 1937, respectively (42
                        U.S.C. 1437z-5, 1437t);
                            ``(ix) vouchers necessary to comply with a
                        consent decree or court order;
                            ``(x) vouchers transferred from another
                        public housing agency; and
                            ``(xi) tenant protection assistance,
                        including replacement and relocation
                        assistance.
            ``(2) Allocation of renewal funding among public housing
        agencies.--
                    ``(A) From amounts appropriated for each year
                pursuant to paragraph (1)(A), the Secretary shall
                provide renewal funding for each public housing
                agency--
                            ``(i) based on leasing and costs from the
                        prior year, as adjusted by an annual adjustment
                        factor to be established by the Secretary;
                            ``(ii) by making any adjustments necessary
                        to provide for the first-time renewal of
                        vouchers funded under paragraph (1)(B); and
                            ``(iii) by making such other adjustments as
                        the Secretary considers appropriate.
                    ``(B) Leasing and cost data.--For purposes of
                subparagraph (A)(i), leasing and cost data shall be
                calculated not less often than biennially by using the
                average for the calendar year that, at the time of such
                calculation, is the most recently completed calendar
                year for which the Secretary determines data is
                available, substantially verifiable, and complete. Such
                leasing data shall be adjusted to include vouchers that
                were set aside under a commitment to provide project-
                based assistance under subsection (o)(13).
                    ``(C) Moving to work.--Notwithstanding
                subparagraphs (A) and (B), each public housing agency
                participating at any time in the moving to work
                demonstration under section 204 of the Departments of
                Veterans Affairs and Housing and Urban Development, and
                Independent Agencies Appropriations Act, 1996 (42
                U.S.C. 1437f note) or in the Moving to Work program
                under section 36 of this Act shall be funded pursuant
                to its agreement under such program and shall be
                subject to any pro rata adjustment made under
                subparagraph (D).
                    ``(D) Pro rata allocation.--
                            ``(i) Insufficient funds.--To the extent
                        that amounts made available for a fiscal year
                        are not sufficient to provide each public
                        housing agency with the full allocation for the
                        agency determined pursuant to subparagraphs (A)
                        and (C), the Secretary shall reduce such
                        allocation for each agency on a pro rata basis,
                        except that renewal funding of enhanced
                        vouchers under section 8(t) shall not be
                        subject to such proration.
                            ``(ii) Excess funds.--To the extent that
                        amounts made available for a fiscal year exceed
                        the amount necessary to provide each housing
                        agency with the full allocation for the agency
                        determined pursuant to subparagraphs (A) and
                        (C), such excess amounts shall be used for the
                        purposes specified in subparagraphs (B) and (C)
                        of paragraph (4).
            ``(3) Advances.--
                    ``(A) Authority.--During the last 3 months of each
                calendar year, the Secretary shall provide amounts to
                any public housing agency, at the request of the
                agency, in an amount up to two percent of the
                allocation for the agency for such calendar year.
                    ``(B) Use.--Amounts advanced under subparagraph (A)
                may be used to pay for additional voucher costs,
                including costs related to temporary overleasing.
                    ``(C) Repayment.--Amounts advanced under
                subparagraph (A) in a calendar year shall be repaid to
                the Secretary in the subsequent calendar year by
                reducing the amounts made available for such agency for
                such subsequent calendar year pursuant to allocation
                under paragraph (2) by an amount equal to the amount so
                advanced to the agency.
            ``(4) Recapture.--
                    ``(A) In general.--The Secretary shall recapture,
                from amounts provided under the annual contributions
                contract for a public housing agency for a calendar
                year, all amounts allocated under paragraph (2) that
                are unused by the agency at the end of each calendar
                year.
                    ``(B) Reallocation.--Not later than May 1 of each
                calendar year, the Secretary shall--
                            ``(i) calculate the aggregate unused
                        amounts for the preceding year recaptured
                        pursuant to subparagraph (A);
                            ``(ii) set aside and make available such
                        amounts as the Secretary considers appropriate
                        to reimburse public housing agencies for
                        increased costs related to portability and
                        family self-sufficiency activities during such
                        year; and
                            ``(iii) reallocate all remaining amounts
                        among public housing agencies that, in the
                        preceding year, used at least 99 percent of
                        amounts allocated under paragraph (2) for the
                        agency and leased fewer than the number of
                        vouchers authorized for the agency; except that
                        the Secretary may establish priority for
                        allocation of such amounts to public housing
                        agencies that leased fewer vouchers in such
                        preceding year than in the 12-month period
                        ending April 1, 2004.
                    ``(C) Use.--Amounts reallocated to a public housing
                agency pursuant to subparagraph (B)(iii) may be used
                only to increase voucher leasing rates to the level
                authorized for the agency.''.

Output:
Housing Authority Funding Fairness Act of 2007 - Amends the United States Housing Act of 1937 to: (1) repeal tenant-based contract renewals by application of an inflation factor; and (2) authorize FY2008-FY2012 appropriations for tenant-based rental assistance (vouchers).

Prescribes requirements for renewal funding for each public housing agency.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Youth Smoking Prevention Act of
1995''.

SEC. 2. AUTHORITY TO REGULATE TOBACCO AND OTHER PRODUCTS CONTAINING
              NICOTINE.

    (a) Food and Drug Administration.--The Secretary of Health and
Human Services does not have any authority under--
            (1) the Federal Food, Drug, and Cosmetic Act,
            (2) the Federal Cigarette Labeling and Advertising Act, or
            (3) the Comprehensive Smokeless Tobacco Health Education
        Act of 1986,
to regulate the manufacture, labeling, sale, distribution, and
advertising and promotion of tobacco and other tobacco products
containing nicotine.
    (b) Federal Authority.--The Federal authority to regulate the sale,
distribution, and advertising and promotion of tobacco and other
tobacco products containing nicotine is established as a condition to
the receipt by States of the Federal preventive health and health
services block grant.

SEC. 3. REGULATION OF STATE AUTHORITY.

    (a) In General.--Section 1926(a)(1) of the Public Health Service
Act (42 U.S.C. sec. 300x-26(a)(1)) is amended to read as follows:
            ``(1) In general.--Subject to paragraph (2), for fiscal
        year 1997 and subsequent fiscal years, the Secretary may make a
        grant under section 1921 only if the State involved has in
        effect a law which provides the following:
                    ``(A) Minors.--
                            ``(i) Sales.--It shall be unlawful to sell
                        tobacco and other tobacco products containing
                        nicotine to an individual under the age of 18.
                        Tobacco and other tobacco products containing
                        nicotine may be sold only to individuals who
                        present a document containing the individual's
                        photograph and date of birth. Any person who
                        violates this paragraph shall be fined in the
                        amount that a person who sells alcoholic
                        beverages to a minor is fined under State law.
                            ``(ii) Purchase.--It shall be unlawful for
                        an individual under the age of 18 to purchase
                        any tobacco and other tobacco product
                        containing nicotine. Any individual who
                        violates this paragraph for the first time
                        shall be fined not more than $100, required to
                        perform community service, or required to
                        attend education and training in the hazards of
                        smoking. Any individual who violates this
                        paragraph more than once shall be fined not
                        more than $100, required to perform community
                        service, and required to attend education and
                        training in the hazards of smoking. Such
                        education and training shall be funded by the
                        fines collected under this paragraph.
                            ``(iii) Identification.--It shall be
                        unlawful for an individual to present
                        identification for the purchase of tobacco and
                        other tobacco products containing nicotine
                        which is false. Any individual who violates
                        this paragraph shall be fined not more than
                        $250, required to perform community service,
                        and required to attend education and training
                        in the hazards of smoking.
                    ``(B) Sales of specific products.--It shall be
                unlawful to sell--
                            ``(i) individual cigarettes, and
                            ``(ii) packages of cigarettes which contain
                        less than 20 cigarettes.
                Any person who violates this subsection shall be fined
                in the amount that a person who sells alcoholic
                beverages to a minor is fined under State law.
                    ``(C) Vending machines.--No person, firm,
                partnership, company, or corporation shall operate a
                vending machine which dispenses cigarettes or smokeless
                tobacco products unless such vending machine is in a
                location that is in plain view and under the direct
                supervision and control of the individual in charge of
                the location or such individual's designated agent or
                employee, except that this subparagraph shall not apply
                in the case of a vending machine that is located--
                            ``(i) at a private club;
                            ``(ii) at a bar or bar area of a food
                        service establishment;
                            ``(iii) at a factory, warehouse, tobacco
                        business, or any other place of employment
                        which has an insignificant portion of its
                        regular workforce comprised of individuals
                        under the age of 18 years and only if such
                        machines are located in an area that is not
                        accessible to the general public;
                            ``(iv) in any place if the vending machine
                        is equipped with a device which controls the
                        sale of tobacco products from the machine to
                        individuals under the age of 18; or
                            ``(v) in such other location or made
                        available in another manner that is expressly
                        permitted under applicable State law.
                    ``(D) Self-service displays.--It shall be unlawful
                to make tobacco and other tobacco products containing
                nicotine available to individuals under the age of 18
                in self-service displays which are not under the
                supervision of an individual over the age of 18. Any
                person who violates this subsection shall be fined in
                the amount that a person who sells alcoholic beverages
                to a minor is fined under State law.
                    ``(E) Samples.--It shall be unlawful to distribute
                free samples of tobacco and other tobacco products
                containing nicotine to individuals under the age of 18
                through the mail or otherwise. Any person who violates
                this subparagraph shall be fined in the amount that a
                person who sells alcoholic beverages to a minor is
                fined under State law.
                    ``(F) Use of mail.--It shall be unlawful to
                distribute tobacco and other tobacco products
                containing nicotine through the mail to individuals
                under the age of 18. Such tobacco products when
                distributed through the mails is nonmailable matter and
                such distribution shall be penalized in accordance with
                chapter 30 of title 39, United States Code.
                    ``(G) General requirements applicable to sales.--
                Tobacco and other tobacco products containing nicotine
                which are offered for sale at retail must be in the
                sight and control of the person responsible for making
                the sales. Any person offering such products for sale
                at retail shall post, in accordance with regulations of
                the State, signs stating the minimum purchase age,
                stating health warnings, and stating the penalties for
                violations of the requirements of this paragraph. Any
                person who violates this subparagraph shall be fined in
                the amount that a person who sells alcoholic beverages
                to a minor is fined under State law.
                    ``(H) Notice to employees.--Each owner of a retail
                establishment which sells tobacco and other tobacco
                products containing nicotine shall notify each
                individual employed in the establishment as a retail
                sales clerk that the sale of tobacco and such products
                to individuals under the age of 18 and the purchase by
                such individuals of tobacco and such products are
                prohibited. Such notice shall be provided to such an
                employee before such employee begins work as a retail
                sales clerk or if such work has been begun, within 30
                days of the date of the enactment of this paragraph.
                Such an employee shall sign a form stating that such
employee has been notified of the prohibited acts. Such an owner shall
retain such forms and make them available to persons conducting
inspections under this paragraph. An owner who fails to make such
notice or retain such a form shall be fined not less than $100 and not
more than $250.
                    ``(I) Licenses.--No person may engage in the retail
                sale of cigarettes without a license issued for such
                purpose by the State. The license shall be--
                            ``(i) issued in accordance with such
                        system,
                            ``(ii) issued for such fee, and
                            ``(iii) issued for such term,
                as the State shall establish. The State shall establish
                penalties (including loss of license) for sales without
                a license and other sales in violation of this
                paragraph.
                    ``(J) State responsibilities.--The State shall
                conduct annual random unannounced inspections of over-
                the-counter and vending machine outlets for the sale of
                tobacco and other tobacco products containing nicotine
                to assure that sales of tobacco and other tobacco
                products containing nicotine are being made in
                accordance with this paragraph so that individuals
                under the age of 18 do not have access to tobacco and
                other tobacco products containing nicotine.
                    ``(K) Advertising.--
                            ``(i) Billboards.--Billboards which
                        advertise tobacco and other tobacco products
                        containing nicotine may not be placed within
                        the line of sight of any individual in a school
                        or in an area designated as a playground.
                            ``(ii) Brand names and logos.--The brand
                        name or logo of a manufacturer of tobacco and
                        other tobacco products containing nicotine may
                        not be placed on any item marketed specifically
                        to minors, including toys and video games.''.
    (b) Conforming Amendments.--Section 1926 of the Public Health
Service Act (42 U.S.C. sec. 300x-26) is amended--
            (1) in subsection (a)(2), by striking ``1993'' and
        inserting ``1997'';
            (2) in subsection (a)(2), by striking ``1994'' and
        inserting ``1998''; and
            (3) in subsection (a)(2), by striking ``1995'' and
        inserting ``1999'';
            (4) in subsection (d)(1), by striking ``1995'' and
        inserting ``1999''; and
            (5) in subsection (d)(2), by striking ``1994'' and
        inserting ``1998''.
    (c) Noncompliance.--Section 1926(c) of the Public Health Service
Act (42 U.S.C. sec. 300x-26(c)) is amended--
            (1) in paragraph (1), by striking ``10 percent'' and
        inserting ``20 percent'';
            (2) in paragraph (2), by striking ``20 percent'' and
        inserting ``40 percent'';
            (3) in paragraph (3), by striking ``30 percent'' and
        inserting ``60 percent''; and
            (4) in paragraph (4), by striking ``40 percent'' and
        inserting ``80 percent''.
    (d) Enforcement.--Section 1926 of the Public Health Service Act (42
U.S.C. sec. 300x-26) is amended by adding at the end thereof the
following:
    ``(e) Enforcement.--Any amounts made available to a State through a
grant under section 1921 may be used to enforce the laws described in
subsection (a).''.

SEC. 4. REPORT.

    The Secretary of Health and Human Services shall make an annual
report to the Congress on the actions taken by the States in compliance
with section 1926(a)(1) of the Public Health Service Act as amended by
section 3.

Output:
Youth Smoking Prevention Act of 1995 - Declares that the Secretary of Health and Human Services does not have any authority under the Federal Food, Drug, and Cosmetic Act, the Federal Cigarette Labeling and Advertising Act, or the Comprehensive Smokeless Tobacco Health Education Act of 1986 to regulate the manufacture, labeling, sale, distribution, and advertising and promotion of tobacco and other tobacco products containing nicotine.  Establishes the Federal authority to regulate the sale, distribution, and advertising and promotion of tobacco and tobacco products containing nicotine as a condition to the receipt by State of the Federal preventive health and health services block grant.
Amends the Public Health Service Act to prohibit or reduce the amount of block grants for the prevention and treatment of substance abuse based on whether a State has a law prohibiting:  (1) sale of tobacco or tobacco products to individuals under the age of 18; (2) purchase of those materials by such individuals; (3) use of false identification for the purchase of those materials; (4) sale of individual cigarettes and packages of fewer than 20 cigarettes; (5) operation of a vending machine dispensing such materials unless specified requirements are met; (6) use of unsupervised self-service displays; (7) distribution of free samples to such individuals; and (8) distribution through the mail to such individuals.
Sets forth general requirements regarding the sale of such materials and related notice by the owner to the employees of a retail establishment.  Prohibits engaging in the retail sale of cigarettes without a license issued by the State.  Sets forth State responsibilities.  Regulates billboard advertising.  Prohibits the placement of a tobacco manufacturer's brand name or logo on any item marketed specifically to minors, including toys and video games.
Allows use of amounts available under such block grants to enforce the laws described in this Act.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Alerting Lives through Effective and
Reliable Technological Systems Act of 2008'' or the ``ALERTS Act of
2008''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) numerous proven and tested technologies exist to enable
        the Federal Government to enhance its public alert and warning
        system;
            (2) the expected benefits of these enhancements include--
                    (A) greater security, reliability, and redundancy
                of the system;
                    (B) rapid alert dissemination;
                    (C) an improved ability to notify remote locations;
                    (D) the ability to geographically target and
                deliver alerts and warnings to multiple devices; and
                    (E) the ability to permit State homeland security
                grants to be utilized for the purposes of modernizing
                public alert and warning systems;
            (3) there is a need to test the viability of delivering
        messages through diverse communications modes to effectively
        alert and warn the public;
            (4) there is a need to modernize and improve the ability of
        the Federal Government to provide residents of the United
        States with timely and effective warnings;
            (5) although significant Federal integration efforts are
        underway, the aggregation, dissemination, and reporting system
        necessary for effective public alert and warning will require
        an integrated national network for reliable, secure, and
        authentic dissemination of emergency alerts and warnings to and
        from all Federal, State, local, and tribal entities that alert
        the public when appropriate.

SEC. 3. INTEGRATED PUBLIC ALERT AND WARNING SYSTEM MODERNIZATION.

    (a) In General.--Title V of the Homeland Security Act of 2002 (6
U.S.C. 311 et seq.) is amended by adding at the end of the following
new section:

``SEC. 525. NATIONAL INTEGRATED PUBLIC ALERT AND WARNING SYSTEM
              MODERNIZATION.

    ``(a) In General.--In order to provide timely and effective
warnings and disseminate homeland security and other information, the
Secretary shall--
            ``(1) establish a national integrated public alert and
        warning system (in this section referred to as `the system')
        not later than two years after the date of the enactment of
        this section; and
            ``(2) designate an agency within the Department to receive,
        aggregate, validate, and authenticate homeland security and
        other information originated by authorized Federal, State,
        local, and tribal governments to facilitate the transmission of
        the Commercial Mobile Alert System.
    ``(b) Implementation Requirements.--In carrying out subsection (a),
the Secretary shall--
            ``(1) establish, as appropriate, common alerting and
        warning protocols, standards of performance, and terminology
        for the system established under subsection (a)(1) by adopting,
        where appropriate, mechanisms that integrate various approaches
        developed by key stakeholders;
            ``(2) include in the system the capability to adapt the
        dissemination of homeland security and other information and
        the content of communications on the basis of geographic
        location, risks, or user preferences, as appropriate;
            ``(3) include in the system the capability to alert and
        warn populations with special needs;
            ``(4) ensure that the system is incorporated into the
        training and exercise programs of the Department; and
            ``(5) coordinate, to the extent practicable, with other
        Federal agencies and departments and with State, local, and
        tribal governments, and other key stakeholders to leverage
        existing alert and warning capabilities.
    ``(c) System Requirements.--The Secretary shall ensure that the
system--
            ``(1) incorporates redundant and diverse modes to
        disseminate homeland security and other information in warning
        messages to the public so as to reach the greatest number of
        individuals;
            ``(2) can be adapted to incorporate future technologies;
            ``(3) is resilient, secure, and can withstand acts of
        terrorism and other external attacks;
            ``(4) delivers alerts to populations in remote areas; and
            ``(5) promotes State, local, tribal, and regional
        partnerships to enhance coordination.
    ``(d) Report.--Not later than one year after the date on which the
system established under subsection (a) is fully functional and every
six months thereafter, the Secretary shall submit to the Committee on
Homeland Security of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the Senate, a report on
the functionality and performance of the integrated public alert and
warning system, including--
            ``(1) an assessment of the accomplishments and deficiencies
        of the system;
            ``(2) recommendations for improvements to the system;
            ``(3) information on the feasibility and effectiveness of
        disseminating homeland security and other information, notices,
        and alerts prior to and following an incident requiring use of
        the system.
    ``(e) Commercial Mobile Alert System Pilot Program.--
            ``(1) In general.--Not later than three months after the
        date of the enactment of this section, the Secretary shall
        develop within the integrated public alert and warning system
        the commercial mobile alert system to provide rapid
        dissemination of homeland security and other information over
        commercial mobile devices and conduct a pilot program for the
        purpose of increasing the reach of the integrated public alert
        and warning system.
            ``(2) Scope.--The Secretary shall select at least five
        States to participate in the pilot program. The Secretary shall
        ensure the participation of States that represent a geographic
        (including urban and rural) cross-section of the United States
        and that vary in risk to acts of terrorism.
            ``(3) Termination.--The authority to carry out a pilot
        program under this section shall terminate on the date that is
        six months after the date of the commencement of the pilot
        program.
            ``(4) Report.--Not later than three months after the
        termination of the pilot program, the Secretary shall submit to
        the Committee on Homeland Security of the House of
        Representatives and the Committee on Homeland Security and
        Governmental Affairs of the Senate a report containing--
                    ``(A) a description and assessment of the
                effectiveness of the pilot program;
                    ``(B) any findings and conclusions of the Secretary
                with respect to the pilot program; and
                    ``(C) any recommendations for improvements to the
                commercial mobile alert system.
    ``(f) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $37,000,000 for
fiscal year 2009 and such sums as may be necessary for each fiscal year
thereafter.''.
    (b) Limitation on Statutory Construction.--Nothing in this Act
(including the amendment made by this Act) shall be construed to affect
the authority of the Department of Commerce, the Federal Communications
Commission, or the Robert T. Stafford Disaster Relief and Emergency
Assistance Act.
    (c) Homeland Security Grants.--Section 2008(a) of the Implementing
Recommendations of the
9/11 Commission Act of 2007 (Public Law 110-53) is amended--
            (1) in paragraph (12), by striking ``and'' at the end;
            (2) by redesignating paragraph (13) as paragraph (14); and
            (3) by inserting after paragraph (12) the following new
        paragraph:
            ``(13) permitting State, local, and tribal governments to
        improve public alert and warning capabilities; and''.
    (d) Criminal Acts.--It shall be unlawful to tamper or interfere
with components of the system that are used or designed to deliver
alerts and warnings that were purchased with public funds, including
homeland security grants. A violation of section 525 of the Homeland
Security Act of 2002 (as added by section 3 of this Act) shall be
punishable by a fine of not more than $10,000, imprisonment for not
more than ten years, or both.

Output:
Alerting Lives through Effective and Reliable Technological Systems Act of 2008 or ALERTS Act of 2008 - Amends the Homeland Security Act of 2002 to direct the Secretary of Homeland Security to: (1) establish a national integrated public alert and warning system; (2) develop within such system a commercial mobile alert system to provide rapid dissemination of information over commercial mobile devices; and (3) designate an agency within the Department of Homeland Security (DHS) to receive, aggregate, validate, and authenticate homeland security and other information originated by authorized federal, state, local, and tribal governments to facilitate the transmission of such mobile alert system.

Requires the Secretary to: (1) establish common alerting and warning protocols, standards of performance, and terminology; (2) include the capability to adapt the dissemination of information and the content of communications on the basis of geographic location, risks, or user preferences and to alert special needs populations; (3) ensure that the national warning system is incorporated into DHS training and exercise programs; and (4) coordinate with other federal agencies, state, local, and tribal governments, and key stakeholders.

Directs the Secretary to conduct a pilot program to increase the national warning system's reach.

Amends the Implementing Recommendations of the 9/11 Commission Act of 2007 to authorize the use of grant funds to permit state, local, and tribal governments to improve public alert and warning capabilities.

Prohibits tampering or interfering with components of the national warning system that are used or designed to deliver alerts and warnings and that were purchased with public funds.