Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Economic Recovery Adjustment Act of
2009''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the deterioration of financial firms in 2008 and the
        resulting crisis of confidence in the financial markets have
        required broad intervention by the Federal Government in the
        financial sector;
            (2) the Emergency Economic Stabilization Act of 2008,
        signed by President Bush on October 3, 2008, included a
        $700,000,000,000 Troubled Asset Relief Program (or ``TARP'')
        for the express purpose of ``providing stability to and
        preventing disruption in the economy and financial system'';
            (3) the investment and commercial banks and other financial
        institutions that have received taxpayer-funded bailouts
        perform public functions supporting the operation of the
        economy, in addition to their private profit-making functions;
            (4) reports of billions of dollars in compensation and
        obligations to executives have eroded public confidence in the
        TARP, and have caused increasing opposition to other bailout
        proposals, thereby impeding the Government's ability to address
        the financial crisis;
            (5) participation in the TARP and any other Federal
        Government bailout program should be conditioned on a fair
        restructuring of executive compensation obligations;
            (6) taxpayer dollars should not support unreasonable
        compensation to executives, particularly when in the absence of
        taxpayer support, such compensation would be reduced as part of
        a bankruptcy restructuring or liquidation; and
            (7) establishing a due process forum will allow the
        Government to ensure that executive compensation relying on
        taxpayer funds is fair and reasonable, and that all sides enjoy
        an opportunity to be heard.

SEC. 3. DEFINITIONS.

    In this Act, the following definitions shall apply:
            (1) Assisted entity.--The term ``assisted entity'' means
        any recipient or applicant for assistance under the TARP.
            (2) Panel.--The term ``Panel'' means the Temporary Economic
        Recovery Oversight Panel established under section 7.
            (3) Executive compensation.--The term ``executive
        compensation'' means wages, salary, deferred compensation,
        benefits, retirement arrangements, options, bonuses, office
        fixtures, goods, or other property, travel, or entertainment,
        vacation expenses, and any other form of compensation,
        obligation, or expense that is not routinely provided to all
        other employees of the assisted entity.
            (4) Office.--The term ``Office'' means the Office of the
        Taxpayer Advocate, established under section 4.
            (5) TARP.--The terms ``TARP'' and ``TARP funds'' mean the
        Troubled Asset Relief Program established under section 101 of
        the Emergency Economic Stabilization Act of 2008 and funds
        received thereunder, respectively, or pursuant to any successor
        program.
            (6) Secretary.--The term ``Secretary'' means Secretary of
        the Treasury.

SEC. 4. TAXPAYER ADVOCATE.

    (a) Establishment.--There is established within the Department of
Justice, the Office of the Taxpayer Advocate.
    (b) Advocate.--The Office shall be headed by an Advocate, to be
appointed by the Attorney General of the United States for such
purpose.
    (c) Duties.--The Advocate is authorized to conduct ongoing audits
and oversight of the recipients of TARP funds with respect to
compensation of the officers and directors of such entities.
    (d) Access to Records.--
            (1) In general.--To the extent otherwise consistent with
        law, the Advocate and the Office shall have access, upon
        request, to any information, data, schedules, books, accounts,
        financial records, reports, files, electronic communications,
        or other papers, things, or property belonging to or in use by
        the assisted entity and to the officers, directors, employees,
        independent public accountants, financial advisors, and other
        agents and representatives thereof (as related to the agent or
        representative's activities on behalf of or under the authority
        of the assisted entity) at such reasonable time as Office may
        request.
            (2) Copies.--The Advocate may make and retain copies of
        such books, accounts, and other records as the Advocate deems
        appropriate for the purposes of this Act.
    (e) Reporting.--The Advocate shall submit quarterly reports of
findings under this Act to the appropriate committees of Congress, the
Secretary and the Special Inspector General for the TARP established
under the Emergency Economic Stabilization Act of 2008 on the
activities and performance of the Office.
    (f) Audits.--The Office is authorized to conduct an audit of any
assisted entity for purposes of this Act.

SEC. 5. POWERS OF THE OFFICE.

    (a) Investigations and Evidence.--The Office may, for purposes of
carrying out this Act--
            (1) take depositions or other testimony, receive evidence,
        and administer oaths; and
            (2) require, by subpoena or otherwise, the attendance and
        testimony of witnesses and the production of books, records,
        correspondence, memoranda, papers, and documents.
    (b) Subpoenas.--
            (1) Service.--Subpoenas issued under subsection (a)(2) may
        be served by any person designated by the Office.
            (2) Enforcement.--
                    (A) In general.--In the case of contumacy or
                failure to obey a subpoena issued under subsection
                (a)(2), the United States district court for the
                judicial district in which the subpoenaed person
                resides, is served, or may be found, or where the
                subpoena is returnable, may issue an order requiring
                such person to appear at any designated place to
                testify or to produce documentary or other evidence.
                Any failure to obey the order of the court may be
                punished by the court as a contempt of that court.
                    (B) Additional enforcement.--Sections 102 through
                104 of the Revised Statutes of the United States (2
                U.S.C. 192 through 194) shall apply in the case of any
                failure of any witness to comply with any subpoena or
                to testify when summoned under the authority of this
                section.
    (c) Information From Federal Agencies.--The Office may secure
directly from any department, agency, or instrumentality of the United
States any information related to any inquiry of the Office conducted
under this Act. Each such department, agency, or instrumentality shall,
to the extent authorized by law, furnish such information directly to
the Office, upon request.

SEC. 6. EXECUTIVE COMPENSATION AUTHORITY.

    (a) Negotiated Reductions Authorized.--The Advocate is authorized
to assist the Secretary in the negotiation of assistance under the
TARP, in order to assure that fair and reasonable executive
compensation is paid by entities receiving TARP funds, and to defend
any such agreements in the event of any challenge to the adjustments to
compensation obligations. If, after an audit authorized by this Act,
the Advocate finds reason to believe that any assisted entity would
have become insolvent if not for the receipt of assistance under the
TARP, the Advocate shall negotiate a reduction in the executive
compensation obligations of the assisted entity as a condition of the
continuing use or future receipt of such TARP assistance.
    (b) Form.--Negotiated reductions in compensation under subsection
(a)--
            (1) may include vested deferred compensation; and
            (2) shall be in an amount that is fair and reasonable in
        light of the taxpayers' assistance, but not less than the
        estimated value of the compensation obligations that would face
        the estate or debtor-in-possession if the TARP funds had not
        been granted and the entity had filed for bankruptcy
        protection.
    (c) Certification to Adjustment Panel.--The Advocate shall certify
the findings of the Office under this section to the Panel.

SEC. 7. TEMPORARY ECONOMIC RECOVERY OVERSIGHT PANEL.

    (a) Establishment.--There is established the Temporary Economic
Recovery Oversight Panel.
    (b) Makeup of Panel.--The Panel shall be comprised of 5 members,
appointed by the President for such purpose from among United States
bankruptcy court judges. The Secretary shall provide for appropriate
space and staff to support the functioning of the Panel.
    (c) Duties.--The Panel shall--
            (1) promptly evaluate each proposed settlement reached
        under section 6;
            (2) approve or deny such proposed settlement; and
            (3) if no settlement is reached under section 6, upon
        petition of the Advocate or any individual subject to the
        actions of the Advocate under section 6, issue an order
        establishing an executive compensation program for such
        individuals in accordance with this section.
    (d) Notice and Hearing Required.--The Advocate shall provide
adequate notice to all affected persons of its intention to seek an
order from the Panel in accordance with this section, and the Panel
shall hold an evidentiary hearing on any proposed settlement or
petition of the Advocate.
    (e) Standing.--Under any proceeding before the Panel, any
individual whose compensation might be adversely affected by Panel
action shall be a party in interest, having full procedural rights,
including the right to challenge a settlement between the assisted
entity and the Advocate, to challenge the certified findings of the
Advocate, or to appeal any order of the Panel.
    (f) Appeals.--The Advocate and any party having standing before the
Panel shall have the right to appeal an order under this Act directly
to the United States Court of Appeals for the District of Columbia
Circuit.
    (g) Effective Period.--Any order of the Panel setting forth a
reduction in compensation shall be effective 6 months after
confirmation, and shall remain in effect while any obligation arising
from assistance provided under the TARP remains outstanding.

Output:
Economic Recovery Adjustment Act of 2009 - Establishes within the Department of Justice the Office of the Taxpayer Advocate to conduct audits and oversight of the compensation of the officers and directors of entities assisted under the Troubled Asset Relief Program (TARP).

Authorizes the Advocate to assist the Secretary of the Treasury in the negotiation of TARP assistance in order to: (1) assure that fair and reasonable executive compensation is paid by entities receiving TARP funds; and (2) defend such agreements in the event of any challenge to the adjustments to compensation obligations.

States that negotiated reductions in compensation under this Act: (1) may include vested deferred compensation; and (2) shall be in an amount that is fair and reasonable in light of the taxpayers' assistance, but not less than the estimated value of the compensation obligations that would face the estate or debtor-in-possession if the TARP funds had not been granted, and the entity had filed for bankruptcy protection.

Requires the Advocate to negotiate a reduction in executive compensation obligations as a prerequisite to TARP assistance if, after an audit, the Advocate finds reason to believe that the assisted entity would have become insolvent if not for the receipt of TARP assistance.

Establishes the Temporary Economic Recovery Oversight Panel to: (1) either approve or deny a proposed settlement; or (2) upon petition of the Advocate (or of any individual subject to the Advocate's actions), issue an order establishing an executive compensation program if no settlement is reached.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Native American Challenge
Demonstration Project Act of 2007''.

SEC. 2. PURPOSES.

    The purposes of this Act are to--
            (1) adapt the lessons of foreign aid to underdeveloped
        economies, such as the experience of the Millennium Challenge
        Corporation, to the provision of Federal economic development
        assistance to similarly situated remote Native American
        communities;
            (2) provide Federal economic development assistance for
        Native communities through the Native American Challenge
        Demonstration Project;
            (3) administer Federal economic development assistance in a
        manner that promotes economic growth and the elimination of
        poverty and strengthens good governance, entrepreneurship, and
        investment in Native communities;
            (4) improve the effectiveness of Federal economic
        development assistance by encouraging the integration and
        coordination of such assistance in Native American communities;
            (5) promote sustainable economic growth and poverty
        reduction policies in Native American communities in a manner
        that promotes self-determination and self-sufficiency among
        remote Native American communities while preserving their
        cultural values; and
            (6) establish a demonstration project which, if successful,
        may be broadly applied to other Native American communities in
        the United States.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Eligible entity.--The term `` eligible entity'' means--
                    (A) the Association of Village Council Presidents,
                the Bristol Bay Native Association, and the Alaska
                Federation of Natives applying jointly;
                    (B) in the State of Hawaii, a consortia of local
                Native Hawaiian community organizations to be
                determined by the Secretary in consultation with the
                Secretary of Interior and the Office of Hawaiian
                Affairs; and
                    (C) in the contiguous states, up to three
                organizations to be determined by the Secretary in
                consultation with the Secretary of the Interior, which
                organizations may be Indian tribes, consortia of Indian
                tribes, or nongovernmental entities authorized by one
                or more Indian tribes.
            (2) Compact.--The term ``compact'' means a binding
        agreement with the United States pursuant to this Act.
            (3) Economic development strategy of the eligible entity.--
        The term ``economic development strategy of the eligible
        entity'' means a strategy written by the eligible entity and
        designed to achieve sustainable economic growth and reduce
        poverty over a defined period, developed in consultation with
        public and private sector entities as appropriate to the
        geographic area and intended beneficiaries of the compact.
            (4) Indian tribe.--The term ``Indian tribe'' shall have the
        meaning given the term in section 4(e) of the Indian Self
        Determination and Education Assistance Act (25 U.S.C. 450 et
        seq.).
            (5) Renewal.--The term ``renewal'' means the negotiated
        extension of a compact.
            (6) Secretary.--The term ``Secretary'' means the Secretary
        of Commerce, Office of the Secretary.

SEC. 4. NATIVE AMERICAN MILLENNIUM CHALLENGE DEMONSTRATION PROJECT.

    (a) Establishment.--The Secretary shall establish and implement a
demonstration project in the Department of Commerce.
    (b) Authorization of Assistance.--The Secretary may provide
assistance under this section to an eligible entity that enters a
compact with the United States pursuant to this Act.
    (c) Form of Assistance.--Assistance under this section--
            (1) shall be provided in the form of funding agreements
        established by the compacts;
            (2) may not be provided in the form of loans; and
            (3) may not be used for gaming activities pursuant to the
        Indian Gaming Regulatory Act (25 USC 2701 et seq.).
    (d) Coordination.--
            (1) In general.--The provision of assistance under this
        section shall be coordinated with other Federal economic
        development assistance programs for Native Americans.
            (2) Integrated funding.--The Secretary, in cooperation with
        other Secretaries as appropriate, shall, upon execution of a
        compact with an eligible entity, authorize the eligible entity
        to coordinate its federally funded economic development
        assistance programs in a manner that integrates the program
        services into a single, coordinated program.
            (3) Agencies and departments.--The Federal agencies and
        departments administering economic development assistance
        programs for Native Americans are the following:
                    (A) Department of Agriculture.
                    (B) Department of Commerce.
                    (C) Department of Energy.
                    (D) Department of Health and Human Services.
                    (E) Department of Housing and Urban Development.
                    (F) Department of the Interior.
                    (G) Small Business Administration.
                    (H) Such other Federal agencies and
                instrumentalities as the Secretary determines
                appropriate.
    (e) Programs Affected.--The programs that may be integrated
pursuant to this Act shall include any program under which an Indian
tribe is eligible for receipt of funds under a statutory or
administrative formula for economic development purposes.
    (f) Waiver Authority.--Upon receipt of the executed compact, the
Secretary shall consult with the eligible entity and the Secretary of
each Federal agency or department providing funds to be used to
implement the compact in order to identify any waivers of statutory
requirements or applicable regulations, policies, or procedures
necessary to enable the eligible entity to implement its compact.

SEC. 5. NATIVE AMERICAN CHALLENGE COMPACTS.

    (a) Compacts.--The Secretary shall develop and recommend procedures
for considering proposals for compacts submitted by eligible entities.
The Secretary may provide assistance to an eligible entity only if the
eligible entity enters into an agreement with the United States, to be
known as a ``Native American Challenge Compact'', that establishes a
multi-year plan for achieving development objectives in furtherance of
the purposes of this Act.
    (b) Eligible Entities-Criteria for Selection.--The Secretary shall
develop an application process and criteria for selecting the eligible
entities, taking into account--
            (1) the purposes of this Act;
            (2) the economic development strategy of the eligible
        entity;
            (3) the remoteness of the reservation or community to be
        served;
            (4) its general economic status;
            (5) poverty rates; and
            (6) the capacity of the applicant.
    (c) Assistance for Development of a Compact.--To the extent that
funds have been appropriated in advance and are available for this
section, the Secretary may enter into contracts with or make grants to
any eligible entity for the purposes of facilitating the development
and implementation of a compact between the United States and the
eligible entity.
    (d) Duration and Extension.--The term of an initial compact may not
exceed five years. An eligible entity and the United States may enter
into one or more subsequent compacts in accordance with the
requirements of this Act. If a compact is nearing its expiration or has
expired, the eligible entity and the United States may renegotiate or
extend the compact for as many periods as the parties agree, with each
period not exceeding 10 years.
    (e) Application.--The Secretary shall develop and recommend
procedures for considering proposals for compacts submitted by eligible
entities.
    (f) Elements.--In furtherance of the economic development strategy
of the eligible entity, the compact shall contain--
            (1) a description of the specific objectives for
        sustainable economic development and the reduction of poverty
        that the eligible entity and the United States expect to
        achieve during the term of the compact;
            (2) a description of the respective roles and
        responsibilities of the eligible entity and the United States
        in the achievement of such objectives;
            (3) a list and description of regular benchmarks to measure
        progress toward achieving such objectives;
            (4) an identification of the intended beneficiaries,
        disaggregated by income level, gender, and age, to the maximum
        extent practical; and
            (5) a multi-year financial plan to guide the implementation
        of the compact, including the estimated level of funding and
        other contributions by the United States and the eligible
        entity, proposed mechanisms to execute the plan, and periodic
        assessments to determine whether the requirements of
        subparagraphs (1) through (4) are being met.
    (g) Suspension and Termination of Assistance.--
            (1) In general.--The Secretary may suspend or terminate
        assistance in whole or in part for an entity that has entered a
        compact with the United States if the Secretary determines
        that--
                    (A) the entity has failed to adhere to its
                responsibilities under the compact, or
                    (B) the entity has engaged in a pattern of actions
                inconsistent with the purposes of this Act.
    (h) Reinstatement.--The Secretary may reinstate assistance for an
entity only if the Secretary determines that the entity has
demonstrated a commitment to correcting each condition for which
assistance was suspended or terminated under subsection (f).

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated to carry
out this Act $20,000,000 for each of fiscal years 2008 through 2012.
Any funds authorized but not appropriated may be appropriated in
subsequent fiscal years, provided that the cumulative level of funds
authorized to be appropriated for Fiscal Year 2008 through 2012 shall
not exceed $100,000,000. Sums appropriated under this section shall
remain available until expended.
    (b) Administrative Funds.--Of the funds made available by this Act,
no more than 5 percent may be used by the Secretary for administrative
expenses and program oversight.

SEC. 7. PROGRAM ASSESSMENTS AND REPORTS.

    (a) Reports of Eligible Entities.--Not later than March 15, 2008,
and annually thereafter, each the eligible entity shall prepare and
submit to the Secretary a written report regarding the assistance
provided under this Act during the previous fiscal year.
    (b) Report Contents.--A report required under subsection (a) shall
include the following:
            (1) The amount of obligations and expenditures for
        assistance provided during the prior fiscal year.
            (2) A description of the programs and activities conducted
        by the entity in furtherance of its economic development
        strategy and the purposes of this Act.
            (3) An assessment of the effectiveness of the assistance
        provided and progress made by the entity toward achieving its
        economic development strategy and the purposes of this Act.
            (4) Other information the eligible entity considers
        relevant considering the purposes of this Act.
    (c) Transmittal to Congress.--Not later than May 15, 2008, and
annually thereafter, the Secretary shall transmit reports required
under subsection (a), with such other information the Secretary
considers relevant, to the Committee on Energy and Commerce and the
Committee on Natural Resources in the House of Representatives, and the
Committee on Indian Affairs, the Committee on Commerce, Science, and
Transportation, and the Committee on Energy and Natural Resources in
the Senate.

Output:
Native American Challenge Demonstration Project Act of 2007 - Directs the Secretary of Commerce to establish and implement the Native American Challenge Demonstration Project through which federal economic development assistance may be provided for certain Native American communities. Authorizes the Secretary to provide such assistance to eligible entities that enter into Native American Challenge Compacts with the United States pursuant to this Act.

Requires that Compacts establish a multi-year plan for achieving development objectives in furthering the purposes of this Act, including to adapt the lessons of foreign aid to underdeveloped economies to the provision of federal economic development assistance to similarly situated remote Native American communities.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Civic Justice Corps Act of 2011''.

SEC. 2. PURPOSE.

    The purpose of this Act is to develop, implement, and expand
educational and work experience opportunities for court-involved,
previously incarcerated, and otherwise disadvantaged youth and young
adults through service and conservation corps and other community-based
service organizations.

SEC. 3. FINDINGS.

    The Congress finds as follows:
            (1) On any given day, more than 500,000 juvenile court
        cases in the United States end in incarceration or probation.
            (2) The per diem cost of locking up one young person in a
        juvenile facility ranges from $24 in Wyoming to $726 in
        Connecticut, but the American Correctional Association
        estimates that, on average, it costs States $240.99 per day, or
        around $88,000 a year, for every young person in a juvenile
        facility.
            (3) States spend nearly $6,000,000,000 a year incarcerating
        youth.
            (4) Youth who are imprisoned are up to 50 percent more
        likely to recidivate than their counterparts who remain in
        their communities.
            (5) Nearly 70 percent of youth in residential facilities
        have been adjudicated for nonviolent offenses and could be
        safely managed within their communities.
            (6) The most effective programs at reducing recidivism
        rates and promoting positive life outcomes for youth are
        administered within communities, outside of the criminal
        juvenile justice system.
            (7) In the United States there are more than 150 service
        and conservation corps, the direct descendants of the Civilian
        Conservation Corps of the 1930s, that operate in all 50 States,
        provide educational and economic opportunities to more than
        30,000 young people each year, and make important contributions
        in the communities in which they are located.
            (8) The Civic Justice Corps Model, developed by The Corps
        Network in conjunction with the Gates and Open Society
        Foundations, utilizes community service projects to deliver
        life skills, education, workforce readiness, and supportive and
        transitional services to formerly incarcerated and court-
        involved youth and young adults between the ages of 16 and 25.
            (9) Data from 14 original Civic Justice Corps sites
        demonstrate 80 percent post-program participant placement rates
        and 11 percent recidivism rates among program participants (as
        opposed to the prevailing recidivism rate of 50 to 70 percent).

SEC. 4. DEFINITIONS.

    In this Act:
            (1) Civic justice corps model.--The term ``Civic Justice
        Corps Model'' refers to programs that--
                    (A) intentionally recruit and primarily enroll as
                participants in the program court-involved, previously
                incarcerated, and otherwise disadvantaged youth and
                young adults between the ages of 16 and 25;
                    (B) provide such participants with educational
                programming and support designed to lead to a high
                school diploma or its recognized equivalent;
                    (C) provide such participants with assessment,
                career planning, workforce readiness, and service or
                work experience designed to lead to unsubsidized
                employment, enrollment in postsecondary education or an
                apprenticeship program, the obtainment of an industry-
                recognized credential, or some other type of career
                pathway program, including military service;
                    (D) demonstrate relationships with local criminal,
                juvenile justice, and other social service agencies and
                provide a range of supportive and transitional services
                to participants;
                    (E) engage participants in relevant, necessary, and
                team-based community service projects designed to
                instill life and jobs skills and long-term civic
                engagement;
                    (F) demonstrate relationships with local boards (as
                such term is defined in section 101 of the Workforce
                Investment Act of 1998 (29 U.S.C. 2801)) and local
                employers and can provide participants with appropriate
                post-program placements;
                    (G) require participants to be enrolled in the
                program for not less than 6 months, and provide
                participants with at least 12 months of post-program
                support and services;
                    (H) collect post-program data for at least the 12
                months after such participants complete the program;
                and
                    (I) have in place a plan for sustaining the program
                after the expiration of the grant.
            (2) Local subgrantee.--The term ``local subgrantee'' refers
        to a service and conservation corps or other community-based
        service organization that--
                    (A) has been competitively selected by a national
                intermediary to carry out a Civic Justice Corps program
                that implements the Civic Justice Corps Model; and
                    (B) demonstrates--
                            (i) a local need for a Civic Justice Corps
                        program;
                            (ii) the ability to recruit and enroll
                        court-involved, previously incarcerated, and
                        otherwise disadvantaged youth and young adults
                        between the ages of 16 and 25;
                            (iii) the ability to provide the education,
                        workforce development, service and work
                        experience, and supportive and follow-up
                        services described in paragraph (1);
                            (iv) relationships with local criminal,
                        juvenile justice, and social service agencies;
                            (v) relationships with local boards (as
                        such term is defined in section 101 of the
                        Workforce Investment Act of 1998 (29 U.S.C.
                        2801)) and employers and the ability to place
                        participants upon program completion;
                            (vi) the ability to collect data and report
                        on the performance measures described in
                        section 6(b); and
                            (vii) a plan to sustain the Civic Justice
                        Corps program after the expiration of the
                        subgrant.
            (3) National intermediary.--The term ``national
        intermediary'' means a national nonprofit organization that--
                    (A) has experience in developing and administering
                programs that utilize community service to deliver
                education and work experience to court-involved,
                formerly incarcerated, and otherwise disadvantaged
                youth;
                    (B) demonstrates an ability to administer a
                competitive subgrant process that will result in the
                selection of no less than nine geographically diverse
                local subgrantees to carry out Civil Justice Corps
                programs that implement the Civic Justice Corps Model;
                    (C) demonstrates an ability to provide training and
                technical assistance to subgrantees; and
                    (D) has the ability to collect information from the
                subgrantees on the performance measures described in
                section 6(b) and report such information to the
                Attorney General on an annual basis.
            (4) Service and conservation corps.--The term ``service and
        conservation corps'' means any State or local service or
        conservation corps, including a service or conservation corps
        carried out under the national service laws.

SEC. 5. CIVIC JUSTICE CORPS GRANTS.

    (a) In General.--The Attorney General shall award grants to one or
more national intermediaries to develop, implement, and collect data
from Civic Justice Corps programs administered by no fewer than nine
local subgrantees in diverse geographic locations.
    (b) Grant and Subgrant Periods.--Each grant awarded to a national
intermediary, and each subgrant awarded to a local subgrantee, under
this section shall be for a period of 3 years.
    (c) Use of Grant Funds.--
            (1) In general.--Each national intermediary receiving a
        grant under this section shall make at least nine subgrants to
        local subgrantees to carry out Civil Justice Corps programs
        that implement the Civil Justice Corps Model described in
        section 4(1) with the funds provided under such subgrant.
            (2) Reservation.--Each national intermediary receiving a
        grant under this section shall reserve--
                    (A) not less than 90 percent for subgrants to local
                subgrantees; and
                    (B) not more than 10 percent for training and
                technical assistance to, and data collection from, such
                local subgrantees.
    (d) Use of Subgrants.--An entity receiving a subgrant under this
section shall use the funds made available through such subgrant to
carry out a Civic Justice Corps program that implements the Civic
Justice Corps Model. Such program shall include the provision of
educational programming and support to participants, which may
include--
            (1) basic instruction and remedial education;
            (2) language instruction for individuals with limited
        English proficiency;
            (3) secondary education services and activities, including
        drop-out prevention, tutoring, and other activities;
            (4) preparation for and access to postsecondary education
        opportunities, including counseling and assistance with
        applying for student financial aid;
            (5) work readiness training, which may include--
                    (A) development of basic skills, such as--
                            (i) arriving on time to work;
                            (ii) being prepared to work;
                            (iii) working independently;
                            (iv) working with others;
                            (v) working safely; and
                            (vi) demonstrating a commitment to produce
                        high quality work;
                    (B) development of job-specific occupational skills
                and on-the-job training; and
                    (C) assessment of skills, career counseling, and
                job search assistance; and
            (6) development and monitoring of individual education and
        career plans.

SEC. 6. REPORTS.

    (a) Annual Reports to the Attorney General.--Each national
intermediary receiving a grant under this Act shall submit a report
annually to the Attorney General at such time, in such manner, and
providing such information as the Attorney General may require,
including information on the performance measures reported by
subgrantees in accordance with subsection (b).
    (b) Subgrantee Reports on Performance Measures.--Each entity
receiving a subgrant under this section shall annually report to the
national intermediary that awarded such subgrant on the following
performance measures of participant progress:
            (1) The obtainment of a high school diploma, a recognized
        equivalent, or some other industry-recognized credential.
            (2) Post-program placement for each participant in one of
        the following, and total post-program placement rates for each
        of the following:
                    (A) Unsubsidized employment.
                    (B) Postsecondary education.
                    (C) A registered apprenticeship or further job
                training.
                    (D) A career pathway program, including military
                service.
            (3) Post-program recidivism rates.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this section
$20,000,000 for each of the fiscal years 2012 through 2018.

Output: Civic Justice Corps Act of 2011 - Directs the Attorney General to award three-year Civic Justice Corps grants to national nonprofit organizations (national intermediaries) that have experience in developing and administering programs to deliver education and work experience to court-involved, formerly incarcerated, and otherwise disadvantaged youth and young adults between the ages of 16 and 25.  Requires such organizations to develop, implement, and collect data from Civic Justice Corps programs administered by at least nine local subgrantees in diverse geographic locations.  Requires national intermediaries and subgrantees to submit annual reports on performance measures of participant progress.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Educational Flexibility Act''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--The Congress finds that--
            (1) historically, Federal education programs have addressed
        the Nation's most pressing educational problems by providing
        categorical assistance with detailed requirements relating to
        the use of funds;
            (2) while the approach described in paragraph (1) has
        proven generally successful, some program requirements may
        inadvertently impede educational achievement;
            (3) the Nation's schools are being asked to deal
        effectively with increasingly diverse educational needs that
        current program structures may not be flexible enough to
        address; and
            (4) in an era when educational change and reform must
        prevail, it is more important than ever to provide programs
        that--
                    (A) result in improved educational outcomes for all
                students;
                    (B) promote the coordination of education and
                related services that benefit children and their
                families;
                    (C) respond flexibly to the needs of a diverse
                student population;
                    (D) stop the proliferation of unnecessary Federal,
                State, and local regulation; and
                    (E) place less emphasis on measuring resources and
                reviewing procedures and more emphasis on achieving
                program results.
    (b) Purpose.--It is the purpose of this Act to establish a national
program which--
            (1) promotes educational reform that leads to improved
        educational outcomes for participants in affected programs;
            (2) holds accountable the schools and other recipients of
        Federal funds for achieving specific educational goals in
        exchange for increased flexibility in the use of their
        resources; and
            (3) enables school and program administrators, teachers,
        parents, local educational agencies, and community groups to
        work together to develop effective education programs that meet
        the needs of all participants, particularly those who are
        disadvantaged.

SEC. 3. FLEXIBILITY AND ACCOUNTABILITY IN EDUCATION AND RELATED
              SERVICES.

    Subpart 1 of part C of the General Education Provisions Act (20
U.S.C. 1221 et seq.) is amended by adding after section 421A the
following new section:

``SEC. 421B. FLEXIBILITY AND ACCOUNTABILITY IN EDUCATION AND RELATED
              SERVICES.

    ``(a) Program Authorized.--
            ``(1) In general.--(A) The Secretary, in accordance with
        this section, shall assist elementary and secondary schools and
        other service providers to improve the achievement of all
        students and other participants, but particularly disadvantaged
        individuals, by authorizing waivers for States to enable such
        States to conduct projects to improve the performance of
        schools and programs by increasing their flexibility in the use
        of their resources while holding them accountable for achieving
        educational gains.
            ``(B)(i) In support of these projects, the Secretary is
        authorized to waive any statutory or regulatory requirement
        (except as provided in subsection (e)) applicable to a program
        described in clause (ii) that the Secretary determines may
        impede the ability of a school or other service provider to
        meet the special needs of such students and other individuals
        in the most effective manner possible. The head of any other
        Federal agency is similarly authorized to waive such
        requirements (except as provided in subsection (e)) applicable
        to an elementary, secondary, or youth vocational training
        program described in clause (ii) and administered by such
        agency if the head of such agency and the Secretary agree that
        such a waiver would promote the purpose of this section.
            ``(ii) The Secretary shall only waive a statutory or
        regulatory requirement applicable to a program under--
                    ``(I) chapter 1 of title I of the Elementary and
                Secondary Education Act of 1965;
                    ``(II) chapter 2 of title I of the Elementary and
                Secondary Education Act of 1965;
                    ``(III) the Dwight D. Eisenhower Mathematics and
                Science Education Act;
                    ``(IV) the Follow Through Act;
                    ``(V) subtitle B of title VII of the Stewart B.
                McKinney Homeless Assistance Act;
                    ``(VI) the Carl D. Perkins Vocational and Applied
                Technology Education Act, except part H of title III
                and funds allocated by States under section 232 of such
                Act;
                    ``(VII) the Jacob K. Javits Gifted and Talented
                Students Education Act of 1988;
                    ``(VIII) the Drug-Free Schools and Communities Act
                of 1986; and
                    ``(IX) the Alcohol and Drug Abuse Education Act.
            ``(2) Project duration.--Projects assisted under this
        section, and any waivers associated with such projects, shall
        last not longer than 3 years, except that the Secretary may
        extend a project and any associated waivers for an additional 2
        years if the Secretary determines that the project is making
        substantial progress in meeting its goals.
            ``(3) Termination.--The Secretary shall terminate a project
        and its associated waivers if the Secretary, at any time,
        determines it is not making acceptable progress toward meeting
        its goals. The head of any other Federal agency who has granted
        waivers under this section shall determine whether to extend or
        terminate those waivers, but the Secretary shall have exclusive
        authority to extend or terminate the project.
    ``(b) Eligibility.--
            ``(1) In general.--(A) The Secretary shall only assist a
        project under this section in a State which has demonstrated to
        the satisfaction of the Secretary that the State has
        implemented a comprehensive regulatory reform plan at least 2
        years prior to the date on which the State transmits approved
        applications pursuant to subsection (c)(2).
            ``(B) For the purposes of this section, the term
        `comprehensive regulatory reform plan' means a plan developed
        by a State that offers local educational agencies within such
        State waivers of certain State statutory and regulatory
        requirements while holding such local educational agencies
        accountable for improved performance of students affected by
        such waivers.
            ``(2) Grade and program requirement.--To the extent
        possible, each grade and academic program in a participating
        school shall participate in a project assisted under this
        section.
    ``(c) Applications.--
            ``(1) Local.--A local educational agency desiring to
        participate in a project assisted under this section shall
        submit an application to the State educational agency for
        approval.
            ``(2) Approval and transmission to secretary.--The State
        educational agency shall transmit approved applications
        described in paragraph (1) to the Secretary.
            ``(3) Contents.--Each application transmitted pursuant to
        paragraph (2) shall include a plan which meets the purposes of
        the Educational Flexibility Act and--
                    ``(A) describes the purposes and overall expected
                outcomes of the project;
                    ``(B) indicates the Federal programs and
                requirements of such programs which will be waived and
                how such waivers will improve or maintain educational
                achievement among all students affected by such
                programs and requirements;
                    ``(C) indicates which State and local requirements
                will be waived;
                    ``(D) describes specific, measurable, educational
                goals for each school or other site in the project and
                for each school year of the project, including--
                            ``(i) goals for improving the achievement
                        of all participants, including disadvantaged
                        individuals, with respect to achievement in
                        basic and advanced skills;
                            ``(ii) goals that reflect the broad
                        purposes of each program for which a waiver is
                        sought; and
                            ``(iii) an explanation of how the applicant
                        will measure progress in meeting the goals set
                        for each school or site in the project and for
                        disadvantaged individuals participating in the
                        project; and
                    ``(E) identifies the elementary or secondary
                schools to be included in the project and describes the
                student population at each such school, including--
                            ``(i) current data regarding the
                        achievement of disadvantaged students as well
                        as other students; and
                            ``(ii) the number of students who--
                                    ``(I) are of limited-English
                                proficiency, as defined in section
                                7003(a)(1) of the Bilingual Education
                                Act;
                                    ``(II) are children with
                                disabilities, as such term is defined
                                in section 602(a)(1) of the Individuals
                                with Disabilities Education Act;
                                    ``(III) are currently or formerly
                                migratory;
                                    ``(IV) are educationally deprived,
                                as determined by eligibility for
                                assistance under chapter 1 of title I
                                of the Elementary and Secondary
                                Education Act of 1965; and
                                    ``(V) are eligible for a free or
                                reduced price school lunch.
    ``(d) Approval of Projects.--
            ``(1) In general.--The Secretary shall approve an
        application from a State that the Secretary determines shows
        substantial promise of achieving the purposes of the
        Educational Flexibility Act after considering--
                    ``(A) the comprehensiveness of the project,
                including the types of students, schools, programs, and
                activities to be included;
                    ``(B) the extent to which the provisions for which
                waivers are sought impede educational improvement;
                    ``(C) the State and local requirements that will be
                waived for the project;
                    ``(D) the significance and feasibility of the
                proposed project's goals for each participating school
                or site; and
                    ``(E) the quality of the plan for ensuring
                accountability for the proposed plan's activities and
                goals.
            ``(2) Consultation.--The Secretary shall consult with the
        heads of other appropriate Federal agencies, if any, in
        determining whether to approve a project. Each such agency head
        shall notify the Secretary of any waivers granted by such
        agency head as part of such project.
            ``(3) Distribution of projects.--The Secretary shall ensure
        that, to the extent feasible, projects assisted under this
        section are geographically distributed, and equitably
        distributed among urban, suburban, and rural areas, as well as
        large and small schools.
    ``(e) Allocation of Federal Funds; Restriction on Waivers.--
            ``(1) Allocation of federal funds.--Federal funds under any
        program that are used to support a project under this section
        shall be allocated to local educational agencies and other
        recipients within the local educational agency in accordance
        with the statutory and regulatory requirements that govern the
        operation of that program, except that, for the purpose of such
        a project, the Secretary (or the head of any other Federal
        agency) may extend the duration of, and provide continuation
        funding to, a project chosen on a competitive basis that a
        participating agency is conducting.
            ``(2) Restriction on waivers.--Neither the Secretary nor
        the head of any other Federal agency shall waive under this
        section any statutory or regulatory requirement in awarding a
        grant after the date of enactment of the Educational
        Flexibility Act to a service provider within the local
        educational agency or other applicant participating in a
        project under this section.
            ``(3) Special rule.--Neither the Secretary nor, where
        applicable, the head of any other Federal agency shall waive
        under this section any statutory or regulatory requirement--
                    ``(A) under section 438 and 439 of the General
                Education Provisions Act;
                    ``(B) under title VI of the Civil Rights Act of
                1964, section 504 of the Rehabilitation Act of 1973,
                title IX of the Education Amendments of 1972, or title
                II of the Americans with Disabilities Act;
                    ``(C) under the Individuals with Disabilities
                Education Act; or
                    ``(D) relating to--
                            ``(i) maintenance of effort;
                            ``(ii) comparability; or
                            ``(iii) the equitable participation of
                        students attending private schools.
    ``(f) Reports and Evaluations.--
            ``(1) Project reports.--Each project assisted under this
        section shall submit, not later than 90 days after the end of
        each fiscal year of the project, an annual report to the
        Secretary that--
                    ``(A) summarizes the principal activities of the
                project;
                    ``(B) contains school-by-school and other data, as
                described in the project plan, that show the extent to
                which the project is meeting its overall goals,
                including its goals for improving the achievement of
                all participants, particularly disadvantaged
                individuals, with respect to achievement in basic and
                advanced skills, and is meeting the goals for each
                school or other site;
                    ``(C) describes the impact of the project on
                disadvantaged children in schools, if any, that are not
                participating in the project;
                    ``(D) describes the effectiveness of efforts to
                coordinate programs and services for children and their
                families as appropriate; and
                    ``(E) provides information or comparable data
                regarding the achievement levels demonstrated by
                children or students served pursuant to programs
                described in clause (ii) of subsection (a)(1)(B) during
                the preceding 3 fiscal years compared with the
                achievement levels demonstrated by children or students
                served under this section.
            ``(2) Secretary's report.--Beginning in fiscal year 1995
        and every 2 years thereafter, the Secretary shall submit a
        report to the Congress that summarizes and analyzes the project
        reports required by paragraph (1).
            ``(3) Evaluation reports.--Within 7 years of the date of
        enactment of the Educational Flexibility Act, and at such
        interim points as the Secretary deems appropriate, the
        Secretary shall provide to the Congress an independent
        evaluation of the projects assisted under this section, as well
        as an evaluation of the program assisted under this section by
        the Department of Education and other affected Federal
        agencies. Such reports may include recommendations for
        amendments to program statutes that are based on the experience
        of projects that successfully raise educational achievement by
        eliminating or modifying statutory or regulatory provisions
        that impede educational improvement.
    ``(g) Definition.--For the purpose of this section, the term
`disadvantaged students' includes students of limited English
proficiency, children with disabilities, students who are currently or
formerly migratory, and students who are educationally deprived.
    ``(h) Budget Neutrality.--The authority provided by this section
shall not be exercised in a manner that, for any fiscal year, increases
total obligations or outlays of discretionary appropriations for
programs subject to such authority, or that increases total obligations
or outlays of funding for all direct-spending programs subject to such
authority over those that would have occurred absent such authority.''.

S 525 IS----2

Output:
Educational Flexibility Act - Amends the General Education Provisions Act to establish a program for flexibility and accountability in education and related services.
Directs the Secretary of Education to assist projects for elementary and secondary schools and other service provides to improve achievement of all students and other participants, but particularly disadvantaged individuals, by authorizing waivers for States by which the performance of schools and programs can be improved by increasing their flexibility in use of resources while holding them accountable for achieving educational gains.
Authorizes the Secretary to waive a statutory or regulatory requirement only with respect to programs under specified Federal laws relating to elementary, secondary, and vocational education and disadvantaged or homeless students.  Authorizes other Federal agency heads, with the Secretary's agreement, to make similar waivers of such requirements applicable to an elementary, secondary, or youth vocational training program they administer.
Limits duration of projects and associated waivers.
Requires, to the extent possible, project participation by each grade and academic program in a participating school.
Prohibits waiver of requirements:  (1) in awarding new competitive grants to a service provider within the LEA or other applicant participating in such a project; (2) relating to maintenance of effort, comparability, or equitable participation of private school students; and (3) under specified provisions of certain Federal laws relating to individuals with disabilities.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Green Communities Act of 2009''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress makes the following findings:
            (1) Landscaping adds to the economic value and sales appeal
        of commercial real estate and increases office occupancy rates.
            (2) Greening can change people's perceptions of their
        neighborhoods, reduce violence and crime, and increase
        neighborhood stability.
            (3) Planting new trees, improving streetscapes, and
        cleaning vacant lots increases property values.
            (4) People will stay longer and shop more in shopping
        districts that are well landscaped.
            (5) Improvements to neighborhood parks increase the value
        of single-family homes in the surrounding community.
            (6) Homes adjacent to vacant lots that are greened have a
        much higher property value than homes adjacent to vacant lots
        that have not been greened.
    (b) Purposes.--The purposes of this Act are as follows:
            (1) To promote investment in greening projects and programs
        as effective economic development tools.
            (2) To connect urban economic development initiatives with
        environmental initiatives.
            (3) To improve quality of life for city residents.
            (4) To encourage public-private partnerships.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Community greening initiative.--The term ``community
        greening initiative'' means a program that increases economic
        development by improving the environment. A community greening
        initiative may include the following:
                    (A) Revitalizing municipal parks and public spaces.
                    (B) Landscaping community gateways and key
                corridors.
                    (C) Tree plantings and urban forestry projects.
                    (D) Comprehensive planning for open space
                preservation.
                    (E) Education, training, and volunteer management
                concerning community green initiatives.
                    (F) Green roof construction.
                    (G) Green stormwater infrastructure.
                    (H) Vacant lot management.
            (2) Green roof.--The term ``green roof'' means a roof
        consisting of vegetation and soil or a growing medium planted
        over a waterproofing membrane.
            (3) Green stormwater infrastructure.--The term ``green
        stormwater infrastructure'' means systems and practices that
        use or mimic natural processes to infiltrate, evapotranspirate,
        or reuse stormwater on the site where it occurs rather than
        transporting the water to a stream or treatment facility.
            (4) Nonprofit organization.--The term ``nonprofit
        organization'' means an organization that is described in
        section 501(c)(3) of the Internal Revenue Code of 1986 and
        exempt from tax under section 501(a) of such Code.
            (5) Secretary.--The term ``Secretary'' means the Secretary
        of Commerce.
            (6) Urban forestry.--The term ``urban forestry'' means an
        integrated citywide or neighborhood-wide approach to the
        planting, care, and management of trees in the city or the
        neighborhood in order to ensure environmental and social
        benefits for residents.

SEC. 4. GRANTS FOR COMMUNITY GREENING INITIATIVES.

    (a) Grants.--
            (1) In general.--To the extent that funds are available,
        the Secretary shall, acting through the Assistant Secretary of
        Commerce for Economic Development, award grants to eligible
        municipalities to carry out community greening initiatives.
            (2) Grant amount.--The Secretary may not award a grant
        under this section in an amount that exceeds $2,000,000.
    (b) Eligible Municipalities.--For purposes of this section, an
eligible municipality is any municipality that meets--
            (1) the criteria described by section 209(b) of the Public
        Works and Economic Development Act of 1965 (42 U.S.C. 3149(b));
        and
            (2) the circumstances described by section 209(c) of such
        Act (42 U.S.C. 3149(c)).
    (c) Selection of Grant Recipients.--
            (1) Application.--An eligible municipality seeking a grant
        under this section for a community greening initiative shall
        submit to the Secretary an application therefor in such form
        and in such manner as the Secretary considers appropriate.
            (2) Selection.--The Secretary shall, in consultation with
        the nonprofit organizations that receive a grant or enter into
        a contract with the Secretary under section 5(a), select to
        receive grants under this section 80 eligible municipalities
        that have successfully developed and planned a community
        greening initiative, as determined by the Secretary.
            (3) Limitation.--The Secretary may not award a grant under
        this section to an eligible municipality for a community
        greening initiative that the Secretary determines will require
        more than 2 years to complete.
    (d) Use of Grant Funds.--Each eligible municipality receiving a
grant under this section shall, with technical assistance and training
provided under section 5(c), use the grant to carry out the community
greening initiative for which the grant is received.
    (e) Matching Requirement.--An eligible municipality seeking a grant
under this section for a community greening initiative shall agree to
make available non-Federal funds to carry out the community greening
initiative in an amount equal to not less than 50 percent of the grant
awarded to such eligible municipality under this section.
    (f) Report.--Not later than 60 days after an eligible municipality
that receives a grant under this section for a community greening
initiative completes such initiative, the eligible nonprofit
organization that assisted such municipality with such initiative under
subsection (d) shall submit to the Secretary a report assessing the
implementation of such initiative.

SEC. 5. TECHNICAL ASSISTANCE AND TRAINING FOR MUNICIPALITIES.

    (a) Grants or Contracts.--
            (1) In general.--To the extent that funds are available,
        the Secretary shall award grants to, or enter into contracts
        with, 5 eligible nonprofit organizations to provide technical
        assistance and training to municipalities that receive grants
        under section 4.
            (2) Duration.--A grant or contract under paragraph (1)
        shall be for a period of 5 years.
    (b) Eligible Nonprofit Organization.--For purposes of this section,
an eligible nonprofit organization is any nonprofit organization that
has experience with the following:
            (1) Planning and implementing projects concerning urban
        open space, landscape management, and community greening
        initiatives.
            (2) Land and water conservation.
            (3) Working with communities.
            (4) Forming partnerships or regional consortiums.
            (5) Urban ecology.
            (6) Such other experience as the Secretary considers
        appropriate.
    (c) Technical Assistance and Training.--
            (1) In general.--Each eligible nonprofit organization
        receiving a grant or entering into a contract under subsection
        (a) shall provide technical assistance and training to
        municipalities receiving grants under section 4 to assist such
        municipalities in carrying out the community greening
        initiatives for which such grants were awarded.
            (2) Activities.--Technical assistance and training under
        paragraph (1) may include the following:
                    (A) Developing, planning, implementing, and
                assessing community greening initiatives.
                    (B) Developing and implementing training and
                workshops for municipal agencies and local partners.
                    (C) Evaluating a community greening initiative.
    (d) Report.--Not later than 90 days after the end of each fiscal
year for which amounts are made available for grants under this
section, the Secretary shall submit to Congress a report on the
technical assistance and training provided under this section. Each
report shall describe the actions taken by the Secretary to ensure that
technical assistance and training provided under this section is
responsive to the needs of municipalities that receive grants under
section 4.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated to carry
out this Act--
            (1) $30,000,000 for each of fiscal years 2010, 2013, and
        2014; and
            (2) $90,000,000 for each of fiscal years 2011 and 2012.
    (b) Reservation of Funds.--
            (1) Grants for community greening initiatives.--Not less
        than 66 percent of the amounts made available to carry out this
        Act for each of fiscal years 2011 and 2012 shall be made
        available for the awarding of grants under section 4.
            (2) Technical assistance and training.--Of the amounts made
        available to carry out this Act, amounts shall be made
        available for technical assistance and training under section 5
        as follows:
                    (A) For each of fiscal years 2010, 2013, and 2014,
                85 percent of such amounts.
                    (B) For each of fiscal years 2011 and 2013, 28
                percent of such amounts.
    (c) Availability.--Funds made available under this Act shall remain
available until expended.

Output:
Green Communities Act of 2009 [sic] - Directs the Secretary of Commerce, through the Assistant Secretary of Commerce for Economic Development, to make grants to eligible municipalities to carry out community greening initiatives. Defines such an initiative as a program that increases economic development by improving the environment and that may include: (1) revitalizing municipal parks and public spaces; (2) landscaping community gateways and key corridors; (3) tree plantings and urban forestry projects; (4) comprehensive planning for open space preservation; (5) education, training, and volunteer management concerning community green initiatives; (6) green roof construction; (7) green stormwater infrastructure; and (8) vacant lot management. Defines an "eligible municipality" as a municipality that meets criteria for an economic adjustment grant under the Public Works and Economic Development Act of 1965.

Directs the Secretary to select 80 eligible municipalities to receive grants. Requires an eligible municipality seeking a grant to agree to make available nonfederal funds to carry out the initiative in an amount equal to not less than 50% of the grant awarded.

Directs the Secretary to make grants to, or enter into contracts with, five nonprofit organizations to provide technical assistance and training to municipalities receiving grants.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Medicare and Medicaid Hospital Self-
Referral Amendments of 1996''.

SEC. 2. NOTIFICATION OF AVAILABILITY OF PROVIDERS AS PART OF DISCHARGE
              PLANNING PROCESS.

    (a) Medicare Requirement.--Section 1861(ee)(2) of the Social
Security Act (42 U.S.C. 1395x(ee)(2)) is amended--
            (1) in subparagraph (D), by inserting before the period the
        following: ``, including the availability of those services
        through individuals and entities that participate in the
        program under this title and that serve the area in which the
        patient resides and that request to be listed by the hospital
        as available''; and
            (2) by adding at the end the following:
            ``(H) Consistent with section 1802, the discharge plan
        shall--
                    ``(i) not specify or otherwise limit the qualified
                provider which may provide post-hospital care, and
                    ``(ii) identify (in a form and manner specified by
                the Secretary) any provider (to whom the individual is
                referred) in which the hospital has a disclosable
                financial interest (as specified by the Secretary
                consistent with section 1866(a)(1)(R)) or which has
                such an interest in the hospital.''.
    (b) Requirement for Medicaid Funding.--Section 1903(i) of such Act
(42 U.S.C. 1396b(i)) is amended--
            (1) by striking ``or'' at the end of paragraph (14),
            (2) by striking the period at the end of paragraph (15) and
        inserting ``; or'', and
            (3) by inserting after paragraph (15) the following new
        paragraph:
            ``(16) with respect to any amount expended for inpatient
        hospital services of a hospital unless the hospital has in
        place a discharge planning process that meets the requirements
        of section 1861(ee) with respect to individuals entitled to
        medical assistance under this title in the same manner as such
        requirements otherwise apply to individuals entitled to
        benefits under title XVIII.''.
    (c) Effective Dates.--The amendments made by subsection (a) shall
apply to discharges occurring on or after 90 days after the date of the
enactment of this Act. The amendments made by subsection (b) shall
apply to expenditures for inpatient hospital services with respect to
discharges occurring on or after 90 days after the date of the
enactment of this Act.

SEC. 3. MAINTENANCE AND DISCLOSURE OF INFORMATION ON POST-HOSPITAL
              SERVICE PROVIDERS.

    (a) Medicare Requirement.--Section 1866(a)(1) of the Social
Security Act (42 U.S.C. 1395cc(a)(1)) is amended--
            (1) by striking ``and'' at the end of subparagraph (P),
            (2) by striking the period at the end of subparagraph (Q),
        and
            (3) by adding at the end the following:
            ``(R) in the case of a hospital that has a financial
        interest (as specified by the Secretary in regulations) in a
        provider of post-hospital services (including an entity that
        furnishes durable medical equipment), or in which such a
        provider has such a financial interest, or in which another
        entity has such a financial interest (directly or indirectly)
        with such hospital and such a provider, to maintain and
        disclose to the Secretary (in a form and manner specified by
        the Secretary) information on--
            ``(i) the nature of such financial interest,
            ``(ii) the number of individuals who were discharged from
        the hospital and who were identified as requiring the type of
        post-hospital services provided by such provider, and
            ``(iii) the percentage of such individuals who received
        such services from such provider (or another such provider).''.
    (b) Requirement for Medicaid Funding.--Section 1903(i)(16) of such
Act (42 U.S.C. 1396b(i)), as inserted by section 2(b), is amended--
            (1) by striking ``(A)'' after ``unless'', and
            (2) by inserting before the period at the end the
        following: ``, and (B) the hospital is complying with the
        requirements of section 1866(a)(1)(R)''.
    (c) Disclosure of Information to the Public.--Title XI of such Act
is amended by inserting after section 1145 the following new section:

   ``public disclosure of certain information on hospital financial
                     interest and referral patterns

    ``Sec. 1146. The Secretary shall make available to the public, in a
form and manner specified by the Secretary, information disclosed to
the Secretary pursuant to section 1866(a)(1)(R) or section
1903(i)(16).''.
    (d) Effective Date.--The Secretary of Health and Human Services
shall issue regulations by not later than 1 year after the date of the
enactment of this Act to carry out the amendments made by this section
and such amendments shall take effect as of such date (on or after the
issuance of such regulations) as the Secretary specifies in such
regulations.

Output:
Medicare and Medicaid Hospital Self-Referral Amendments of 1996 - Amends titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act (SSA) to require hospitals participating in the Medicare or Medicaid programs to:  (1) give notice of availability of providers as part of the discharge planning process; and (2) maintain and disclose information on certain referrals.
Amends SSA title XI to provide for public disclosure of certain information on hospital financial interest and referral patterns by the Secretary of Health and Human Services.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Defined Benefit Pension Plan Reform
Act of 2003''.

SEC. 2. MULTIEMPLOYER PLAN EMERGENCY INVESTMENT LOSS RULE.

    (a) Amendment to the Internal Revenue Code of 1986.--Section
412(b)(7) of the Internal Revenue Code of 1986 (relating to special
rules for multiemployer plans) is amended by adding at the end the
following:
                    ``(F) Emergency investment loss method.--
                            ``(i) In general.--In lieu of amortizing
                        net experience loss as prescribed in paragraph
                        (2)(B)(iv), a multiemployer plan may elect to
                        use the emergency investment loss method
                        described in this subparagraph, starting with
                        the first plan year in which there is an
                        emergency investment loss.
                            ``(ii) Emergency investment loss.--An
                        emergency investment loss for any plan year
                        beginning on or after July 1, 1999, and ending
                        before January 1, 2004, is the amount (if any)
                        by which--
                                    ``(I) the fair market value of the
                                plan's assets as of the last day of the
                                plan year, is less than
                                    ``(II) the fair market value which
                                would have been determined if the
                                plan's earnings for the plan year had
                                been equal to the projected investment
                                return based on the actuarial interest
                                rate under paragraph (5)(A) for the
                                plan year, applied to the fair market
                                value of assets as of the beginning of
                                the year and noninvestment cash flows
                                during the year.
                            ``(iii) Amortization of emergency
                        investment loss.--The funding standard account
                        shall be charged with the amounts necessary to
                        amortize in equal annual installments (until
                        fully amortized) the plan's emergency
                        investment loss over a period of 30 plan years.
                            ``(iv) Treatment of adjusted net actuarial
                        experience.--If an election is in effect for
                        any plan year described in clause (ii)--
                                    ``(I) any net experience gain
                                otherwise determined for such year
                                under paragraph (2)(B)(iv) shall be
                                increased by an amount equal to the
                                emergency investment loss for such
                                year, and
                                    ``(II) any net experience loss
                                otherwise determined for such year
                                under paragraph (3)(B)(ii) shall be
                                reduced by the emergency investment
                                loss for such year, except that if such
                                emergency investment loss exceeds such
                                net experience loss, the excess shall
                                be treated as a net experience gain for
                                such year for purposes of paragraph
                                (2)(B)(iv).''
    (b) Amendment to the Employee Retirement Income Security Act of
1974.--Section 302(b)(7) of the Employee Retirement Income Security Act
of 1974 (29 U.S.C. 1082(b)(7)) is amended by adding at the end the
following:
    ``(F)(i) In lieu of amortizing net experience loss as prescribed in
paragraph (2)(B)(iv), a multiemployer plan may elect to use the
emergency investment loss method described in this subparagraph,
starting with the first plan year in which there is an emergency
investment loss.
    ``(ii) An emergency investment loss for any plan year beginning on
or after July 1, 1999, and ending before January 1, 2004, is the amount
(if any) by which--
            ``(I) the fair market value of the plan's assets as of the
        last day of the plan year, is less than
            ``(II) the fair market value which would have been
        determined if the plan's earnings for the plan year had been
        equal to the projected investment return based on the actuarial
        interest rate under paragraph (5)(A) for the plan year, applied
        to the fair market value of assets as of the beginning of the
        year and noninvestment cash flows during the year.
    ``(iii) The funding standard account shall be charged with the
amounts necessary to amortize in equal annual installments (until fully
amortized) the plan's emergency investment loss over a period of 30
plan years.
    ``(iv) If an election is in effect for any plan year described in
clause (ii)--
            ``(I) any net experience gain otherwise determined for such
        year under paragraph (2)(B)(iv) shall be increased by an amount
        equal to the emergency investment loss for such year, and
            ``(II) any net experience loss otherwise determined for
        such year under paragraph (3)(B)(ii) shall be reduced by the
emergency investment loss for such year, except that if such emergency
investment loss exceeds such net experience loss, the excess shall be
treated as a net experience gain for such year for purposes of
paragraph (2)(B)(iv).''
    (c) Election Procedure.--
            (1) In general.--The Secretary of the Treasury shall
        prescribe a procedure under which multiemployer plans that
        elect to use the emergency investment loss method described in
        section 412(b)(7)(F) of the Internal Revenue Code of 1986 and
        section 302(b)(7)(F) of the Employee Retirement Income Security
        Act of 1974 may do so either by starting the special
        amortization periods in the actuarial valuations for each of
        the affected plan years or by starting with a cumulative
        emergency investment loss and adjusted net actuarial experience
        (based on the outstanding balance of the experience gain bases
        for the affected plan years, reduced by the cumulative
        emergency investment loss) in the actuarial valuation for the
        last plan year ending before January 1, 2004.
            (2) Filing period.--The procedures described in paragraph
        (1) shall provide a period of not less than 210 days after the
        date of enactment of this Act for multiemployer plans to file
        Schedule Bs (relating to actuarial information under the plan)
        to the Form 5500 Annual Reports for the plan years for which
        the emergency investment loss method is elected, including
        amended Schedule Bs for annual reports previously filed.
    (d) Effective Date.--The amendments made by this section shall
apply to years beginning after June 30, 1999.

SEC. 3. MORTALITY TABLE ADJUSTMENT.

    (a) Amendment to the Internal Revenue Code of 1986.--Section
412(l)(7)(C) of the Internal Revenue Code of 1986 is amended by adding
at the end the following:
                            ``(iv) Separate mortality tables for blue-
                        collar and white-collar workers.--
                                    ``(I) In general.--Notwithstanding
                                clause (ii), in the case of plan years
                                beginning after December 31, 2003, the
                                Secretary shall establish separate
                                mortality tables for blue-collar
                                workers and white-collar workers which
                                may be used (in lieu of the tables
                                under clause (ii)) to determine current
                                liability under this subsection. For
                                this purpose, the Secretary shall take
                                into account the Society of Actuaries
                                RP-2000 Mortality Table, as adjusted to
                                take into account the collar adjustment
                                prescribed in such table to reflect the
                                workforce covered by the plan.
                                    ``(II) Classification of workers.--
                                For purposes of this clause,
                                individuals shall be classified as
                                blue-collar or white-collar workers
                                under rules prescribed by the
                                Secretary. In prescribing such rules,
                                the Secretary shall treat professional
                                employees (within the meaning of
                                section 410) as white-collar workers.
                                    ``(III) Consistent use.--If an
                                employer elects to use the tables
                                prescribed under subclause (I) for any
                                plan established or maintained by the
                                employer, the employer shall use the
                                tables for all such plans other than a
                                plan for which use of the tables is
                                prohibited under regulations prescribed
                                by the Secretary.''.
    (b) Amendment to the Employee Retirement Income Security Act of
1974.--Section 302(d)(7)(C) of the Employee Retirement Income Security
Act of 1974 (29 U.S.C. 1082(d)(7)(C)) is amended by adding at the end
the following:
                            ``(iv) Separate mortality tables for blue-
                        collar and white-collar workers.--
                                    ``(I) In general.--Notwithstanding
                                clause (ii), in the case of plan years
                                beginning after December 31, 2003, the
                                Secretary of the Treasury shall
                                establish separate mortality tables for
                                blue-collar workers and white-collar
                                workers which may be used (in lieu of
                                the tables under clause (ii)) to
                                determine current liability under this
                                subsection. For this purpose, the
                                Secretary of the Treasury shall take
                                into account the Society of Actuaries
                                RP-2000 Mortality Table, as adjusted to
                                take into account the collar adjustment
                                prescribed in such table to reflect the
                                workforce covered by the plan.
                                    ``(II) Classification of workers.--
                                For purposes of this clause,
                                individuals shall be classified as
                                blue-collar or white-collar workers
                                under rules prescribed by the Secretary
                                of the Treasury. In prescribing such
                                rules, the Secretary of the Treasury
                                shall treat professional employees
                                (within the meaning of section 410 of
                                the Internal Revenue Code of 1986) as
                                white-collar workers.
                                    ``(III) Consistent use.--If an
                                employer elects to use the tables
                                prescribed under subclause (I) for any
                                plan established or maintained by the
                                employer, the employer shall use the
                                tables for all such plans other than a
                                plan for which use of the tables is
                                prohibited under regulations prescribed
                                by the Secretary of the Treasury.''.
    (c) Effective Date.--The amendments made by this section shall be
effective as of the date of the enactment of this Act.

SEC. 4. MODIFICATION OF FULL-FUNDING LIMITATION FOR PURPOSES OF
              DEDUCTION LIMITS ON EMPLOYER PENSION CONTRIBUTIONS.

    (a) In General.--Section 404(a)(1)(A) of the Internal Revenue Code
of 1986 (relating to limitation on deductibility of employer
contributions) is amended by adding at the end the following: ``In
determining the full funding limitation for purposes of the preceding
sentence for any year beginning after December 31, 2003, the amount
determined under section 412(c)(7)(A)(i) shall in no event be treated
as being less than 130 percent of current liability (including the
expected increase in current liability due to benefits accruing during
the year).''
    (b) Effective Date.--The amendments made by this section shall
apply to years beginning after December 31, 2003.

SEC. 5. REQUIRED NOTIFICATION OF PARTICIPANTS AND BENEFICIARIES OF PLAN
              TERMINATIONS BY PENSION BENEFIT GUARANTY CORPORATION.

    (a) In General.--Section 4042(b) of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1342(b)) is amended by adding at the
end the following:
    ``(4)(A) Not later than 30 days after the corporation notifies a
plan administrator under this subsection regarding the commencement of
proceedings to terminate a plan under this section, the corporation
shall provide notice of such proceedings to affected parties as
provided in this paragraph. The notice shall state that such
termination is intended, the proposed termination date, and the
procedure for such termination under this section.
    ``(B) Upon notice to the plan of the commencement of proceedings,
the plan administrator shall provide the corporation with a list of the
names and addresses of all participants and beneficiaries of the plan.
    ``(C) The corporation shall provide--
            ``(i) written notice to each affected party of the plan;
        and
            ``(ii) notice in the 2 newspapers with the largest
        circulation in the area of the majority of the affected
        parties.''.
    (b) Effective Date.--The amendment made by this section shall apply
to proceedings commenced after the date of enactment of this Act.

Output:
Defined Benefit Pension Reform Plan of 2003 - Amends the Internal Revenue Code (the Code) and the Employee Retirement Income Security Act of 1974 (ERISA) concerning minimum funding standards for pension plans to: (1) permit a multiemployer plan to elect to use an emergency investment loss method (as defined), starting in the first plan year in which there is an emergency investment loss; and (2) establish separate mortality tables for blue-collar and white-collar workers which may be used in lieu of the current table.

Amends the Code to modify the full-funding limitation for purposes of the deduction limits on employer pension contributions.

Amends ERISA to require notification of participants and beneficiaries of plan terminations by the Pension Benefit Guaranty Corporation.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Veterans Acquiring Community Care
Expect Safe Services Act of 2017'' or the ``Veterans ACCESS Act''.

SEC. 2. PREVENTION OF CERTAIN HEALTH CARE PROVIDERS FROM PROVIDING NON-
              DEPARTMENT HEALTH CARE SERVICES TO VETERANS.

    (a) In General.--On and after the date that is one year after the
date of the enactment of this Act, the Secretary of Veterans Affairs
shall deny or revoke the eligibility of a health care provider to
provide non-Department health care services to veterans if the
Secretary determines that the health care provider--
            (1) was removed from employment with the Department of
        Veterans Affairs due to conduct that violated a policy of the
        Department relating to the delivery of safe and appropriate
        health care;
            (2) violated the requirements of a medical license of the
        health care provider;
            (3) had a Department credential revoked and the grounds for
        such revocation impacts the ability of the health care provider
        to deliver safe and appropriate health care; or
            (4) violated a law for which a term of imprisonment of more
        than one year may be imposed.
    (b) Permissive Action.--On and after the date that is one year
after the date of the enactment of this Act, the Secretary may deny,
revoke, or suspend the eligibility of a health care provider to provide
non-Department health care services if the Secretary has reasonable
belief that such action is necessary to immediately protect the health,
safety, or welfare of veterans and--
            (1) the health care provider is under investigation by the
        medical licensing board of a State in which the health care
        provider is licensed or practices;
            (2) the health care provider has entered into a settlement
        agreement for a disciplinary charge relating to the practice of
        medicine by the health care provider; or
            (3) the Secretary otherwise determines that such action is
        appropriate under the circumstances.
    (c) Suspension.--The Secretary shall suspend the eligibility of a
health care provider to provide non-Department health care services to
veterans if the health care provider is suspended from serving as a
health care provider of the Department.
    (d) Initial Review of Department Employment.--Not later than one
year after the date of the enactment of this Act, with respect to each
health care provider providing non-Department health care services, the
Secretary shall review the status of each such health care provider as
an employee of the Department and the history of employment of each
such health care provider with the Department to determine whether the
health care provider is described in any of subsections (a) through
(c).
    (e) Comptroller General Report.--Not later than two years after the
date of the enactment of this Act, the Comptroller General of the
United States shall submit to Congress a report on the implementation
by the Secretary of this section, including the following:
            (1) The aggregate number of health care providers denied or
        suspended under this section from participation in providing
        non-Department health care services.
            (2) An evaluation of any impact on access to health care
        for patients or staffing shortages in programs of the
        Department providing non-Department health care services.
            (3) An explanation of the coordination of the Department
        with the medical licensing boards of States in implementing
        this section, the amount of involvement of such boards in such
        implementation, and efforts by the Department to address any
        concerns raised by such boards with respect to such
        implementation.
            (4) Such recommendations as the Comptroller General
        considers appropriate regarding harmonizing eligibility
        criteria between health care providers of the Department and
        health care providers eligible to provide non-Department health
        care services.
    (f) Non-Department Health Care Services Defined.--In this section,
the term ``non-Department health care services'' means services--
            (1) provided under subchapter I of chapter 17 of title 38,
        United States Code, at non-Department facilities (as defined in
        section 1701 of such title);
            (2) provided under section 101 of the Veterans Access,
        Choice, and Accountability Act of 2014 (Public Law 113-146; 38
        U.S.C. 1701 note);
            (3) purchased through the Medical Community Care account of
        the Department; or
            (4) purchased with amounts deposited in the Veterans Choice
        Fund under section 802 of the

         Veterans Access, Choice, and Accountability Act of 2014.

            Passed the Senate November 9, 2017.

            Attest:

                                                JULIE E. ADAMS,

                                                             Secretary.

Output: .  Veterans Acquiring Community Care Expect Safe Services Act of 2017 or the Veterans ACCESS Act  (Sec. 2) This bill directs the Department of Veterans Affairs (VA) to deny or revoke eligibility to provide non-VA health care services to veterans for any any health care provider that: (1) was removed from VA employment for violating VA policy relating to the delivery of safe and appropriate health care, (2) violated medical license requirements, (3) had a VA credential revoked on grounds that impact the provider's ability to deliver safe and appropriate health care, or (4) violated a law for which a prison term of more than one year may be imposed. The VA may deny, revoke, or suspend a health care provider's eligibility to provide non-VA health care services based on a reasonable belief that such action is necessary to immediately protect the health or safety of veterans if: (1) the provider is under investigation by a state's medical licensing board, (2) the provider has entered into a settlement agreement for a disciplinary charge relating to the practice of medicine, or (3) the VA otherwise determines that such action is appropriate. The VA shall suspend a health care provider's eligibility to provide non-VA health care services to veterans if such provider is suspended from serving as a VA medical provider.