Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Catching Operational Vulnerabilities
by Ensuring Random Testing Act of 2008'' or the ``COVERT Act of 2008''.

SEC. 2. PROHIBITION OF ADVANCE NOTICE OF COVERT TESTING TO SECURITY
              SCREENERS.

    Section 111 of the Aviation and Transportation Security Act (Public
Law 107-71; 49 U.S.C. 44935 note) is amended--
            (1) by striking the section enumerator and heading and
        inserting the following:

``SEC. 111. TRAINING, EMPLOYMENT, AND TESTING OF SECURITY SCREENING
              PERSONNEL.''; AND

            (2) by adding at the end the following:
    ``(e) Prohibition of Advance Notice to Security Screeners of Covert
Testing and Evaluation.--
            ``(1) In general.--The Secretary of Homeland Security shall
        ensure that information concerning a covert test of a
        transportation security system to be conducted by a covert
        testing office, the Inspector General of the Department of
        Homeland Security, or the Government Accountability Office is
        not provided to any individual prior to the completion of the
        test.
            ``(2) Exceptions.--Notwithstanding paragraph (1)--
                    ``(A) an individual may provide information
                concerning a covert test of a transportation security
                system to employees, officers, and contractors of the
                Federal Government (including military personnel);
                employees and officers of State and local governments;
                and law enforcement officials, who are authorized to
                receive or directed to be provided such information by
                the Assistant Secretary of Homeland Security
                (Transportation Security Administration), the Inspector
                General of the Department of Homeland Security, or the
                Comptroller General of the United States, as the case
                may be; and
                    ``(B) for the purpose of ensuring the security of
                any individual in the vicinity of a site where a covert
                test of a transportation security system is being
                conducted, an individual conducting the test may
                disclose his or her status as an individual conducting
                the test to any appropriate individual if a security
                screener or other individual who is not a covered
                employee identifies the individual conducting the test
                as a potential threat.
            ``(3) Special rules for the transportation security
        administration.--
                    ``(A) Monitoring and security of testing
                personnel.--The head of each covert testing office
                shall ensure that a person or group of persons
                conducting a covert test of a transportation security
                system for the covert testing office is accompanied at
                the site of the test by a cover team comprised of one
                or more employees of the covert testing office for the
                purpose of monitoring the test and confirming the
                identity of personnel involved in the test under
                subparagraph (B).
                    ``(B) Responsibility of cover team.--Under this
                paragraph, a cover team for a covert test of a
                transportation security system shall--
                            ``(i) monitor the test; and
                            ``(ii) for the purpose of ensuring the
                        security of any individual in the vicinity of a
                        site where the test is being conducted,
                        confirm, notwithstanding paragraph (1), the
                        identity of any individual conducting the test
                        to any appropriate individual if a security
                        screener or other individual who is not a
                        covered employee identifies the individual
                        conducting the test as a potential threat.
                    ``(C) Aviation screening.--Notwithstanding
                subparagraph (A), the Transportation Security
                Administration is not required to have a cover team
                present during a test of the screening of persons,
                carry-on items, or checked baggage at an aviation
                security checkpoint at or serving an airport if the
                test--
                            ``(i) is approved by the Federal Security
                        Director for such airport; and
                            ``(ii) is carried out under an aviation
                        screening assessment program of the Department
                        of Homeland Security.
                    ``(D) Use of other personnel.--The Transportation
                Security Administration may use employees, officers,
                and contractors of the Federal Government (including
                military personnel) and employees and officers of State
                and local governments to conduct covert tests.
            ``(4) Impact study and report on covert testing
        procedures.--
                    ``(A) Impact study.--The Secretary of Homeland
                Security shall conduct a study of the impact of the
                implementation of this subsection on the Department of
                Homeland Security's efforts to improve transportation
                security.
                    ``(B) Requirements.--The study under subparagraph
                (A) shall include an assessment of--
                            ``(i) the impact of the implementation of
                        this subsection on personnel of the Department
                        of Homeland Security;
                            ``(ii) the impact of such implementation on
                        information sharing within the Department;
                            ``(iii) best practices for integrating the
                        topic of covert testing into existing training
                        and testing programs for personnel of the
                        Department; and
                            ``(iv) the effectiveness of covert testing
                        as a method to improve security.
                    ``(C) Report.--Not later than 270 days after the
                date of the enactment of this subsection, the Secretary
                shall submit to the Committee on Homeland Security of
                the House of Representatives and the Committee on
                Homeland Security and Governmental Affairs of the
                Senate a report that contains--
                            ``(i) the results of the study under
                        subparagraph (A);
                            ``(ii) recommendations for changes to the
                        training of personnel of the Department that
                        are necessary to ensure compliance with the
                        requirements of this subsection; and
                            ``(iii) recommendations to improve the
                        effectiveness of the implementation of this
                        subsection.
            ``(5) Definitions.--For purposes of this subsection, the
        following definitions apply:
                    ``(A) Appropriate individual.--The term
                `appropriate individual', as used with respect to a
                covert test of a transportation security system, means
                any individual that--
                            ``(i) the individual conducting the test
                        determines needs to know his or her status as
                        an individual conducting a test under paragraph
                        (2)(B); or
                            ``(ii) the cover team monitoring the test
                        under paragraph (3)(B)(i) determines needs to
                        know the identity of an individual conducting
                        the test.
                    ``(B) Covered employee.--The term `covered
                employee' means any individual who receives notice of a
                covert test before the completion of a test under
                paragraph (2)(A).
                    ``(C) Covert test.--
                            ``(i) In general.--The term `covert test'
                        means an exercise or activity conducted by a
                        covert testing office, the Inspector General of
                        the Department of Homeland Security, or the
                        Government Accountability Office to
                        intentionally test, compromise, or circumvent
                        transportation security systems to identify
                        vulnerabilities in such systems.
                            ``(ii) Limitation.--Notwithstanding clause
                        (i), the term `covert test' does not mean an
                        exercise or activity by an employee or
                        contractor of the Transportation Security
                        Administration to test or assess compliance
                        with regulations under title 49 of the Code of
                        Federal Regulations.
                    ``(D) Covert testing office.--The term `covert
                testing office' means any office of the Transportation
                Security Administration designated by the Assistant
                Secretary of Homeland Security (Transportation Security
                Administration) to conduct covert tests of
                transportation security systems.
                    ``(E) Employee of a covert testing office.--The
                term `employee of a covert testing office' means an
                individual who is an employee of a covert testing
                office or a contractor or an employee of a contractor
                of a covert testing office.''.

            Passed the House of Representatives June 18, 2008.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.

Output:
Catching Operational Vulnerabilities by Ensuring Random Testing Act of 2008, or the COVERT Act of 2008 - Amends the Aviation and Transportation Security Act to require the Secretary of Homeland Security to make sure that advance notice of a covert test of a transportation security system is not provided to any individual (including any security screener) before completion of the test, except: (1) that such information may be provided to certain federal, state, and local government employees, officers, and contractors (including military personnel); and (2) an individual conducting such a test may disclose his or her status if a security screener or other non-covered employee identifies such tester as a potential threat.

Requires the head of each covert testing office to make sure that a covert testing person or group is accompanied by a cover team to monitor the test and confirm the identity of personnel involved. States, however, that a cover team is not required to be present during a test of the screening of persons or baggage at an aviation security checkpoint if the test: (1) is approved by the Federal Security Director for the airport; and (2) is administered under an aviation screening assessment program of the Department of Homeland Security.

Directs the Secretary of Homeland Security to study and report to Congress on the impact of implementing covert testing procedures under this Act on the Department's efforts to improve transportation security.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Care Coordination for Older
Americans Act of 2012''.

SEC. 2. DECLARATION OF OBJECTIVES.

    Section 101(4) of the Older Americans Act of 1965 (42 U.S.C.
3001(4)) is amended by inserting ``care coordination and'' after
``including''.

SEC. 3. DEFINITIONS.

    Section 102 of the Older Americans Act of 1965 (42 U.S.C. 3002) is
amended by adding at the end the following:
            ``(55)(A) The term `care coordination' means a person- and
        family-centered, assessment-based, and interdisciplinary
        approach to meet the needs and preferences of an older
        individual and a family caregiver while enhancing the
        capabilities of the older individual (including the ability to
        self-direct services).
            ``(B) The term `care coordination' means coordination
        that--
                    ``(i) integrates health care, long-term services
                and supports, housing, and social support services in a
                high-quality and cost-effective manner in which an
                individual's needs, preferences, and capabilities are
                assessed, along with the needs and preferences of a
                family caregiver;
                    ``(ii) includes, as a core element, the active
                involvement of the older individual, the family, or a
                representative appointed by the older individual or
                legally acting on the individual's behalf, community-
                based service professionals, and health care
                professionals providing care to the older individual,
                in the design and implementation of an individualized,
                individual-centered service and support plan, through
                which the services and supports will be provided in a
                manner free from conflicts of interest;
                    ``(iii) integrates services and interventions that
                are implemented, monitored, and evaluated for
                effectiveness using an evidence-based process, which
                typically involves a designated lead care coordinator
                and involves feedback from the older individual;
                    ``(iv) includes activities that aim simultaneously
                at meeting individual and family needs and preferences,
                building on individual capabilities, and improving
                outcomes and systems of care;
                    ``(v) includes provision of some or all of the
                services and activities described in clauses (i)
                through (iv) by trained professionals employed by or
                under a contract with--
                            ``(I) area agencies on aging;
                            ``(II) Aging and Disability Resource
                        Centers; or
                            ``(III) other service providers, including
                        in-home service providers; and
                    ``(vi) is not furnished to directly diagnose,
                treat, or cure a medical disease or condition.''.

SEC. 4. FUNCTIONS OF THE ASSISTANT SECRETARY.

    Section 202(a) of the Older Americans Act of 1965 (42 U.S.C.
3012(a)) is amended--
            (1) in paragraph (27), by striking ``and'' at the end;
            (2) in paragraph (28), by striking the period and inserting
        ``; and''; and
            (3) by adding at the end the following:
            ``(29)(A) encourage, provide technical assistance to, and
        share best practices with, States, area agencies on aging,
        Aging and Disability Resource Centers, and service providers to
        carry out outreach and coordinate activities with health care
        entities in order to assure better care coordination for
        individuals with multiple chronic illnesses; and
            ``(B) coordinate activities with other Federal agencies
        that are working to improve care coordination and developing
        new models and best practices.''.

SEC. 5. ORGANIZATION.

    Section 305(a) of the Older Americans Act of 1965 (42 U.S.C.
3025(g)) is amended--
            (1) in paragraph (2), by striking ``and'' at the end;
            (2) in paragraph (3), by striking the period and inserting
        ``; and''; and
            (3) by adding at the end the following:
            ``(4) the State agency shall promote the development and
        implementation of a State system to address the care
        coordination needs of older individuals with multiple chronic
        illnesses, and shall work with acute care providers, area
        agencies on aging, service providers, and Federal agencies to
        ensure that the system uses best practices and is evaluated on
        its provision of care coordination.''.

SEC. 6. AREA PLANS.

    Section 306(a) of the Older Americans Act of 1965 (42 U.S.C.
3026(a)) is amended--
            (1) in paragraph (4)(B)(i)(VII) by inserting ``with
        multiple chronic illnesses or'' after ``older individuals'';
            (2) in paragraph (6)(D), by inserting ``(including acute
        care providers)'' after ``service providers'';
            (3) in paragraph (16), by striking ``and'' at the end;
            (4) in paragraph (17) by striking the period and inserting
        ``; and''; and
            (5) by adding at the end the following:
            ``(18) provide assurances that the area agency on aging
        will--
                    ``(A) identify existing (as of the date of
                submission of the plan) care coordination programs and
                systems;
                    ``(B) identify unmet community need for care
                coordination;
                    ``(C) facilitate the development and implementation
                of an area-wide system to address the care coordination
                needs of older individuals with multiple chronic
                illnesses; and
                    ``(D) work with acute care providers, service
                providers, and Federal and State agencies to ensure
                that the system uses best practices in its provision of
                care coordination.''.

SEC. 7. STATE PLANS.

    Section 307(a) of the Older Americans Act of 1965 (42 U.S.C.
3027(a)) is amended--
            (1) in paragraph (2)(A), by inserting ``care
        coordination,'' after ``information and assistance,'';
            (2) in paragraph (17), by striking ``and develop
        collaborative programs, where appropriate,'' and inserting ``,
        ensure care coordination, and (where appropriate) develop
        collaborative programs,'';
            (3) in paragraph (18), in the matter preceding subparagraph
        (A), by inserting ``and ensure care coordination that
        integrates long-term care services and other care services,''
        before ``for older'';
            (4) in paragraph (23), by striking ``with other State
        services'' and inserting ``with other Federal and State health
        care programs and services''; and
            (5) by adding at the end the following:
            ``(31) The plan shall provide assurances that the area
        agencies on aging in the State will facilitate the area-wide
        development and implementation of an area-wide system to
        address the care coordination needs of older individuals with
        multiple chronic illnesses, and work with acute care providers,
        service providers, and other Federal and State agencies to
        ensure that the system uses best practices and is evaluated on
        its provision of care coordination.''.

Output:
Care Coordination for Older Americans Act of 2012 - Amends the Older Americans Act of 1965 to make it a duty and function of the Administration on Aging (AOA) in the Department of Health and Human Services (HHS) to provide technical assistance to, and share best practices with, states, area agencies on aging, Aging and Disability Resource Centers, and service providers to carry out outreach and coordinate activities with health care entities in order to assure better care coordination for individuals with multiple chronic illnesses. Requires AOA also to coordinate activities with other federal agencies working to improve care coordination and developing new models and best practices.

Requires the designated state agency to promote the development and implementation of a state system to: (1) address the care coordination needs of older individuals with multiple chronic illnesses; and (2) work with acute care providers, area agencies on aging, service providers, and federal agencies to ensure that the system uses best practices.

Requires area and state plans to provide assurances that the area agencies on aging will facilitate the area-wide development and implementation of an area-wide system to address the care coordination needs of older individuals with multiple chronic illnesses.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Bond Financing Renewal Act of
2003''.

SEC. 2. MODIFICATIONS TO SMALL ISSUE BOND PROVISIONS.

    (a) Increase in Amount of Qualified Small Issue Bonds Permitted for
Facilities To Be Used by Related Principal Users.--
            (1) In general.--Clause (i) of section 144(a)(4)(A) of the
        Internal Revenue Code of 1986 (relating to $10,000,000 limit in
        certain cases) is amended by striking ``$10,000,000'' and
        inserting ``$20,000,000''.
            (2) Cost-of-living adjustment.--Section 144(a)(4) of such
        Code is amended by adding at the end the following:
                    ``(G) Cost-of-living adjustment.--In the case of a
                taxable year beginning in a calendar year after 2003,
                the $20,000,000 amount under subparagraph (A) shall be
                increased by an amount equal to--
                            ``(i) such dollar amount, multiplied by
                            ``(ii) the cost-of-living adjustment under
                        section 1(f)(3) for the calendar year in which
                        the taxable year begins, determined by
                        substituting `calendar year 2002' for `calendar
                        year 1992' in subparagraph (B) thereof.''.
            (3) Clerical amendment.--The heading of paragraph (4) of
        section 144(a) of such Code is amended by striking
        ``$10,000,000'' and inserting ``$20,000,000''.
            (4) Effective date.--The amendments made by this subsection
        shall apply to--
                    (A) obligations issued after the date of the
                enactment of this Act, and
                    (B) capital expenditures made after such date with
                respect to obligations issued on or before such date.
    (b) Definition of Manufacturing Facility.--
            (1) In general.--Section 144(a)(12)(C) of such Code
        (defining manufacturing facility) is amended to read as
        follows:
                    ``(C) Manufacturing facility.--For the purposes of
                this paragraph, the term `manufacturing facility' means
                any facility--
                            ``(i) which is used in the manufacture of
                        tangible personal property (including the
                        processing resulting in a change in the
                        condition of such property),
                            ``(ii) which is used in the manufacture,
                        development, or production of specifically
                        developed software products or processes if--
                                    ``(I) it takes more than 6 months
                                to develop or produce such products,
                                    ``(II) the development or
                                production could not with due diligence
                                be reasonably expected to occur in less
                                than 6 months, and
                                    ``(III) the software product or
                                process comprises programs, routines,
                                and attendant documentation developed
                                and maintained for use in computer and
                                telecommunications technology, or
                            ``(iii) which is used in the manufacture,
                        development, or production of specially
                        developed biobased or bioenergy products or
                        processes if--
                                    ``(I) it takes more than 6 months
                                to develop or produce,
                                    ``(II) the development or
                                production could not with due diligence
                                be reasonably expected to occur in less
                                than 6 months, and
                                    ``(III) the biobased or bioenergy
                                product or process comprises products,
                                processes, programs, routines, and
                                attendant documentation developed and
                                maintained or the utilization of
                                biological materials in commercial or
                                industrial products, or renewable
                                domestic agricultural or forestry
                                materials in commercial or industrial
                                products, or for the utilization of
                                biomass materials.
                    ``(D) Related facility.--For purposes of
                subparagraph (C), the term `manufacturing facility'
                includes facilities that are directly and functionally
                related to a manufacturing facility (determined without
                regard to this sentence) if--
                            ``(i) such facilities, including an office
                        facility and a research and development
                        facility, are located on the same site as the
                        manufacturing facility, and
                            ``(ii) not more than 40 percent of the net
                        proceeds of the issue are used to provide such
                        facilities, but shall not include a facility
                        solely for research and development
                        activities.''.
            (2) Effective date.--The amendment made by this subsection
        shall apply to obligations issued after the date of the
        enactment of this Act.

SEC. 3. ACQUISITION INTEREST EXPENSES OF FINANCIAL INSTITUTIONS FOR
              SMALL ISSUE BONDS MADE DEDUCTIBLE.

    (a) In General.--Clause (ii) of section 265(b)(3)(B) of the
Internal Revenue Code of 1986 (relating to certain bonds not treated as
private activity bonds) is amended by striking ``or'' at the end of
subclause (I), by striking the period at the end of subclause (II) and
inserting ``, or'', and by inserting after subclause (II) the following
new subclause:
                                    ``(III) any obligation which is a
                                qualified small issue bond described in
                                section 144(a)(12)(B) if such
                                obligation is part of an issue the
                                aggregate authorized face amount of
                                which is less than $2,000,000.''.
    (b) Effective Date.--The amendment made by this section shall apply
to obligations issued after the date of the enactment of this Act.

Output: Bond Financing Renewal Act of 2003 - Amends the Internal Revenue Code regarding qualified small issue bonds to: (1) increase the cap and capital expenditure amounts from $10 million to $20 million, with an inflation adjustment beginning in 2004; and (2) expand the definition of "manufacturing facility" to include certain biotech and software production.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Freedom and Human Rights for the
Enclaved People of Cyprus Act''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) The respect for fundamental freedom and human rights,
        especially in those countries that are allies of the United
        States, is a cornerstone of United States foreign policy.
            (2) Among the purposes of United States foreign assistance
        is to promote human rights.
            (3) United States foreign assistance should be utilized to
        end the imposition of restrictions on the freedoms and human
        rights of the enclaved people of Cyprus.
            (4) Among the restrictions of freedom and human rights to
        which the enclaved people of Cyprus are subjected are the
        following:
                    (A) Restrictions on the freedom to worship,
                including restrictions on times and places for such
                worship.
                    (B) Restrictions on communication with individuals
                living outside the area of the enclaved, including a
                requirement that an individual from among those in
                control be present during any such communication.
                    (C) Prohibition on the possession of telephones in
                homes.
                    (D) A requirement that an enclaved individual
                receive permission from an individual from among those
                in control before leaving the enclaved area.
                    (E) Censorship of mail sent to and from the
                enclaved area.
                    (F) A requirement that enclaved males aged 18 to 50
                report once a week to those in control.
                    (G) Restrictions on the provision of educational
                services, including--
                            (i) lack of replacement elementary school
                        teachers and lack of educational facilities
                        beyond elementary school;
                            (ii) a requirement that an enclaved
                        individual who chooses to leave home for
                        education beyond elementary school may return
                        home not more than three times a year; and
                            (iii) a requirement that enclaved males 16
                        years of age or older and enclaved females 18
                        years of age or older who choose to leave home
                        for education beyond elementary school may not
                        return home at all.
                    (H) Violation of property rights, including
                confiscation of property without compensation.
                    (I) Lack of compensation for work performed.
                    (J) Harassment, beating, rape, and murder without
                adequate protection or investigation.

SEC. 3. UNITED STATES EFFORTS TO ALLEVIATE AND ELIMINATE THE
              RESTRICTIONS ON THE ENCLAVED PEOPLE IN CYPRUS.

    (a) In General.--The President shall take steps--
            (1) to inform the United Nations, foreign governments, and
        the appropriate departments and agencies of the United States
        Government of the restrictions on the enclaved people of
        Cyprus,
            (2) to enlist the United Nations and foreign governments in
        efforts to end restrictions on the freedom and human rights of
        the enclaved people of Cyprus, and
            (3) to establish United States Government programs of
        assistance to the enclaved people of Cyprus, consistent with
        subsection (b), and to undertake efforts for the alleviation
        and elimination of restrictions on the enclaved.
    (b) Establishment of Assistance Programs.--
            (1) In general.--The President--
                    (A) shall, to the extent practicable, use funds
                allocated for a fiscal year to the government or ethnic
                community participating directly or indirectly in
                imposition of restrictions on the freedom and human
                rights of the enclaved people of Cyprus to assist such
                people, or
                    (B) in the absence of such funds, shall establish a
                foreign assistance program for the enclaved people of
                Cyprus.
            (2) Use of funds.--Assistance for the enclaved people of
        Cyprus under paragraph (1) shall include--
                    (A) programs to eliminate specific aspects of the
                restrictions of freedom and human rights on the
                enclaved people of Cyprus; and
                    (B) programs to return ancestral homes and lands to
                the enclaved people, including United States citizens,
                who have been forcibly expelled, or those individuals
                who have fled the enclaved areas or other areas of
                Cyprus in fear of severe restrictions of freedom, human
                rights abuses, or violation of property rights.
    (c) Notification of Opposition to Restrictions of Freedom and Human
Rights Abuses.--The President--
            (1) shall notify in writing each fiscal year the head of
        government of any foreign country that is participating,
        directly or indirectly, in the restrictions on freedom and
        human rights of the enclaved people of Cyprus of the opposition
        by the United States to that government's participation in such
        restrictions; and
            (2) shall urge the head of such government to cease
        participation in such restrictions and to work to eliminate
        such restrictions.
    (d) Monitoring and Reporting Requirements.--The Secretary of State
shall include a report on the enclaved people of Cyprus as part of the
annual Department of State's Country Reports on Human Rights Practices.

SEC. 4. UNITED NATIONS EFFORTS TO RESOLVE THE RESTRICTIONS ON THE
              ENCLAVED PEOPLE IN CYPRUS.

    The President shall direct the United States representative to the
United Nations--
            (1) to urge the United Nations High Commissioner for
        Refugees to address and solve the plight of those enclaved on
        Cyprus; and
            (2) to call upon the United Nations Human Rights
        Commissioner to investigate the plight of the enclaved on
        Cyprus and to implement appropriate and effective corrective
        action.

Output:
Freedom and Human Rights for the Enclaved People of Cyprus Act - Directs the President to establish U.S. efforts to:  (1) inform the United Nations, foreign governments, and appropriate Federal departments and agencies of the freedom and human rights restrictions on the enclaved people of Cyprus; (2) enlist the United Nations and foreign governments in efforts to end such restrictions; (3) establish U.S. Government programs of assistance to the people of Cyprus and efforts for the elimination of the restrictions; and (4) use funds allocated to the government or ethnic community participating in the imposition of such restrictions on the promotion of freedom and human rights for the people of Cyprus, or in the absence of such funds, establish a foreign assistance program for them.
Requires the President to direct the U.S. representative to the United Nations to:  (1) urge the U.N. High Commissioner for Refugees to address and solve the plight of those enclaved on Cyprus; and (2) call upon the U.N. Human Rights Commissioner to investigate their plight and implement appropriate corrective action.


Input:
SECTION 1. EARLY FEDERAL PELL GRANT COMMITMENT DEMONSTRATION PROGRAM.

    Subpart 1 of part A of title IV of the Higher Education Act of 1965
(20 U.S.C. 1070a et seq.) is amended by adding at the end the
following:

``SEC. 401B. EARLY FEDERAL PELL GRANT COMMITMENT DEMONSTRATION PROGRAM.

    ``(a) Demonstration Program Authority.--
            ``(1) In general.--The Secretary is authorized to carry out
        an Early Federal Pell Grant Commitment Demonstration Program
        under which--
                    ``(A) the Secretary awards grants to 4 State
                educational agencies, in accordance with paragraph (2),
                to pay the administrative expenses incurred in
                participating in the demonstration program under this
                section; and
                    ``(B) the Secretary awards Federal Pell Grants to
                participating students in accordance with this section.
            ``(2) Grants.--
                    ``(A) In general.--From amounts appropriated under
                subsection (g) for a fiscal year, the Secretary is
                authorized to award grants to 4 State educational
                agencies to enable the State educational agencies to
                pay the administrative expenses incurred in
                participating in a demonstration program under which
                students in 8th grade who are eligible for a free or
                reduced price meal receive a commitment to receive a
                Federal Pell Grant early in their academic careers.
                    ``(B) Equal amounts.--The Secretary shall award
                grants under this section in equal amounts to each of
                the 4 participating State educational agencies.
    ``(b) Demonstration Project Requirements.--Each of the 4
demonstration projects assisted under this section shall meet the
following requirements:
            ``(1) Participants.--
                    ``(A) In general.--The State educational agency
                shall make participation in the demonstration project
                available to 2 cohorts of students, which shall consist
                of--
                            ``(i) 1 cohort of 8th grade students who
                        begin the participation in academic year 2007-
                        2008; and
                            ``(ii) 1 cohort of 8th grade students who
                        begin the participation in academic year 2008-
                        2009.
                    ``(B) Students in each cohort.--Each cohort of
                students shall consist of not more than 10,000 8th
                grade students who qualify for a free or reduced price
                meal under the Richard B. Russell National School Lunch
                Act or the Child Nutrition Act of 1966.
            ``(2) Student data.--The State educational agency shall
        ensure that student data from local educational agencies
        serving students who participate in the demonstration project,
        as well as student data from local educational agencies serving
        a comparable group of students who do not participate in the
        demonstration project, are available for evaluation of the
        demonstration project.
            ``(3) Federal pell grant commitment.--Each student who
        participates in the demonstration project receives a commitment
        from the Secretary to receive a Federal Pell Grant during the
        first academic year that student is in attendance at an
        institution of higher education as an undergraduate, if the
        student applies for Federal financial aid (via the FAFSA)
        during the student's senior year of secondary school and during
        succeeding years.
            ``(4) Applicability of federal pell grant requirements.--
        The requirements of section 401 shall apply to Federal Pell
        Grants awarded pursuant to this section, except that the amount
        of each participating student's Federal Pell Grant only shall
        be calculated by deeming such student to have an expected
        family contribution equal to zero.
            ``(5) Application process.--The Secretary shall establish
        an application process to select State educational agencies to
        participate in the demonstration program and State educational
        agencies shall establish an application process to select local
        educational agencies within the State to participate in the
        demonstration project.
            ``(6) Local educational agency participation.--Subject to
        the 10,000 statewide student limitation described in paragraph
        (1), a local educational agency serving students, not less than
        50 percent of whom are eligible for a free or reduced price
        meal under the Richard B. Russell National School Lunch Act or
        the Child Nutritional Act of 1966, shall be eligible to
        participate in the demonstration project.
    ``(c) State Educational Agency Applications.--
            ``(1) In general.--Each State educational agency desiring
        to participate in the demonstration program under this section
        shall submit an application to the Secretary at such time and
        in such manner as the Secretary may require.
            ``(2) Contents.--Each application shall include--
                    ``(A) a description of the proposed targeted
                information campaign for the demonstration project and
                a copy of the plan described in subsection (f)(2);
                    ``(B) a description of the student population that
                will receive an early commitment to receive a Federal
                Pell Grant under this section;
                    ``(C) an assurance that the State educational
                agency will fully cooperate with the ongoing evaluation
                of the demonstration project; and
                    ``(D) such other information as the Secretary may
                require.
    ``(d) Selection Considerations.--
            ``(1) Selection of state educational agencies.--In
        selecting State educational agencies to participate in the
        demonstration program, the Secretary shall consider--
                    ``(A) the number and quality of State educational
                agency applications received;
                    ``(B) the Department's capacity to oversee and
                monitor each State educational agency's participation
                in the demonstration program;
                    ``(C) a State educational agency's--
                            ``(i) financial responsibility;
                            ``(ii) administrative capability;
                            ``(iii) commitment to focusing State
                        resources, in addition to any resources
                        provided under part A of title I of the
                        Elementary and Secondary Education Act of 1965,
                        on students who receive assistance under such
                        part A;
                            ``(iv) the ability and plans of a State
                        educational agency to run an effective and
                        thorough targeted information campaign for
                        students served by local educational agencies
                        eligible to participate in the demonstration
                        project; and
                            ``(v) ensuring the participation in the
                        demonstration program of a diverse group of
                        students with respect to ethnicity and gender.
            ``(2) Local educational agency.--In selecting local
        educational agencies to participate in a demonstration project
        under this section, the State educational agency shall
        consider--
                    ``(A) the number and quality of local educational
                agency applications received;
                    ``(B) the State educational agency's capacity to
                oversee and monitor each local educational agency's
                participation in the demonstration project;
                    ``(C) a local educational agency's--
                            ``(i) financial responsibility;
                            ``(ii) administrative capability;
                            ``(iii) commitment to focusing local
                        resources, in addition to any resources
                        provided under part A of title I of the
                        Elementary and Secondary Education Act of 1965,
                        on students who receive assistance under such
                        part A;
                            ``(iv) the ability and plans of a local
                        educational agency to run an effective and
                        thorough targeted information campaign for
                        students served by the local educational
                        agency; and
                            ``(v) ensuring the participation in the
                        demonstration project of a diverse group of
                        students with respect to ethnicity and gender.
    ``(e) Evaluation.--
            ``(1) In general.--From amounts appropriated under section
        (g) for a fiscal year, the Secretary shall reserve not more
        than $1,000,000 to award a grant or contract to an organization
        outside the Department for an independent evaluation of the
        impact of the demonstration program assisted under this
        section.
            ``(2) Competitive basis.--The grant or contract shall be
        awarded on a competitive basis.
            ``(3) Matters evaluated.--The evaluation described in this
        subsection shall--
                    ``(A) determine the number of individuals who were
                encouraged by the demonstration program to pursue
                higher education;
                    ``(B) identify the barriers to the effectiveness of
                the demonstration program;
                    ``(C) assess the cost-effectiveness of the
                demonstration program in improving access to higher
                education;
                    ``(D) identify the reasons why participants in the
                demonstration program either received or did not
                receive a Federal Pell Grant;
                    ``(E) identify intermediate outcomes (relative to
                postsecondary education attendance), such as whether
                participants--
                            ``(i) were more likely to take a college-
                        prep curriculum while in secondary school;
                            ``(ii) submitted any college applications;
                        and
                            ``(iii) took the PSAT, SAT, or ACT;
                    ``(F) identify the number of individuals
                participating in the demonstration program who pursued
                an associate's degree or a bachelor's degree, as well
                as other forms of postsecondary education;
                    ``(G) compare the findings of the demonstration
                program with respect to participants to comparison
                groups (of similar size and demographics) that did not
                participate in the demonstration program; and
                    ``(H) identify the impact on the parents of
                students eligible to participate in the demonstration
                program.
            ``(4) Dissemination.--The findings of the evaluation shall
        be widely disseminated to the public by the organization
        conducting the evaluation as well as by the Secretary.
    ``(f) Targeted Information Campaign.--
            ``(1) In general.--Each State educational agency receiving
        a grant under this section shall, in cooperation with the
        participating local educational agencies within the State and
        the Secretary, develop a targeted information campaign for the
        demonstration program assisted under this section.
            ``(2) Plan.--Each State educational agency receiving a
        grant under this section shall include in the application
        submitted under subsection (c) a written plan for their
        proposed targeted information campaign. The plan shall include
        the following:
                    ``(A) Outreach.--Outreach to students and their
                families, at a minimum, at the beginning and end of
                each academic year of the demonstration project.
                    ``(B) Distribution.--How the State educational
                agency plans to provide the outreach described in
                subparagraph (A) and to provide the information
                described in subparagraph (C).
                    ``(C) Information.--The annual provision by the
                State educational agency to all students and families
                participating in the demonstration program of
                information regarding--
                            ``(i) the estimated statewide average
                        higher education institution cost data for each
                        academic year, which cost data shall be
                        disaggregated by--
                                    ``(I) type of institution,
                                including--
                                            ``(aa) 2-year public
                                        colleges;
                                            ``(bb) 4-year public
                                        colleges; and
                                            ``(cc) 4-year private
                                        colleges;
                                    ``(II) by component, including--
                                            ``(aa) tuition and fees;
                                        and
                                            ``(bb) room and board;
                            ``(ii) Federal Pell Grants, including--
                                    ``(I) the maximum Federal Pell
                                Grant for each academic year;
                                    ``(II) when and how to apply for a
                                Federal Pell Grant; and
                                    ``(III) what the application
                                process for a Federal Pell Grant
                                requires;
                            ``(iii) State-specific college savings
                        programs;
                            ``(iv) State-based merit aid;
                            ``(v) State-based financial aid; and
                            ``(vi) Federal financial aid available to
                        students, including eligibility criteria for
                        the Federal financial aid and an explanation of
                        the Federal financial aid programs.
            ``(3) Cohorts.--The information described in paragraph
        (2)(C) shall be provided to 2 cohorts of students annually for
        the duration of the students' participation in the
        demonstration program. The 2 cohorts shall consist of--
                    ``(A) 1 cohort of 8th grade students who begin the
                participation in academic year 2007-2008; and
                    ``(B) 1 cohort of 8th grade students who begin the
                participation in academic year 2008-2009.
            ``(4) Reservation.--Each State educational agency receiving
        a grant under this section shall reserve $200,000 of the grant
        funds received each fiscal year for each of the 2 cohorts of
        students (for a total reservation of $400,000 each fiscal year)
        served by the State to carry out their targeted information
        campaign described in this subsection.
    ``(g) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
            ``(1) $1,300,000 for fiscal year 2008, of which--
                    ``(A) $500,000 shall be available to carry out
                subsection (e); and
                    ``(B) $800,000 shall be available to carry out
                subsection (f)(2)(C);
            ``(2) $1,600,000 for fiscal year 2009, of which $1,600,000
        shall be available to carry out subsection (f)(2)(C);
            ``(3) $1,600,000 for fiscal year 2010, of which $1,600,000
        shall be available to carry out subsection (f)(2)(C);
            ``(4) $2,100,000 for fiscal year 2011, of which--
                    ``(A) $500,000 shall be available to carry out
                subsection (e); and
                    ``(B) $1,600,000 shall be available to carry out
                subsection (f)(2)(C);
            ``(5) $1,600,000 for fiscal year 2012, of which $1,600,000
        shall be available to carry out subsection (f)(2)(C);
            ``(6) $14,600,000 for fiscal year 2013, of which--
                    ``(A) $800,000 shall be available to carry out
                subsection (f)(2)(C); and
                    ``(B) $13,800,000 shall be available for Federal
                Pell Grants provided in accordance with this section;
                and
            ``(7) $13,800,000 for fiscal year 2014, of which
        $13,800,000 shall be available for Federal Pell Grants provided
        in accordance with this section.''.

Output:
Amends the Higher Education Act of 1965 to authorize an Early Federal Pell Grant Demonstration Program.

Directs the Secretary of Education to award grants to four states to cover administrative expenses incurred in the program. Limits a state to a cohort of up to 10,000 of its eighth grade students who are eligible for a free or reduced price meal under the Richard B. Russell National School Lunch Act or the Child Nutrition Act of 1966. Provides for a cohort for each of the academic years 2007-2008 and 2008-2009. Declares that each student who participates in the demonstration project receives a commitment to receive a Pell Grant during their first year of undergraduate study at an institution of higher education, subject to a specified condition.

Requires state grantees to choose local educational agencies to participate in the program from among those serving students at least half of whom are eligible for free or reduced price meals.

Calculates participating students' Pell Grants by deeming them to have no expected family contribution.

Directs the Secretary to arrange for an independent evaluation of the demonstration program's effectiveness in providing needy students with access to, and an incentive to pursue, higher education.

Requires state grantees annually to provide program participants with information concerning college costs, Pell Grants, state college savings programs, and other state and federal aid programs.


Input:
SECTION 1. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds and declares that--
            (1) certain scattered parcels of Federal land located
        within Gilpin County, Colorado, are currently administered by
        the Secretary of the Interior as part of the Royal Gorge
        Resource Area, Canon City District, United States Bureau of
        Land Management;
            (2) these land parcels, comprised of approximately 130
        separate tracts of land ranging in size from approximately 38
        acres to much less than an acre, have been identified as
        suitable for disposal by the Bureau of Land Management through
        its resource management planning process and are appropriate
        for disposal; and
            (3) even though these land parcels are scattered and small
        in size, they nevertheless appear to have a fair market value
        which may be used by the Federal Government to exchange for
        lands which will better lend themselves to Federal management
        and have higher values for future public access, use and
        enjoyment, recreation, the protection and enhancement of fish
        and wildlife and fish and wildlife habitat, and the protection
        of riparian lands, wetlands, scenic beauty and other public
        values.
    (b) Purpose.--It is the purpose of this Act to authorize, direct,
facilitate and expedite the land exchange set forth herein in order to
further the public interest by disposing of Federal lands with limited
public utility and acquire in exchange therefor lands with important
values for permanent public management and protection.

SEC. 2. LAND EXCHANGE.

    (a) In General.--The exchange directed by this Act shall be
consummated if within 90 days after enactment of this Act, Lake Gulch,
Inc., a Colorado corporation (as defined in section 4 of this Act),
offers to transfer to the United States pursuant to the provisions of
this Act the offered lands or interests in land described herein.
    (b) Conveyance by Lake Gulch.--Subject to the provisions of section
3 of this Act, Lake Gulch shall convey to the Secretary of the Interior
all right, title, and interest in and to the following offered lands:
            (1) Certain lands comprising approximately 40 acres with
        improvements thereon located in Larimer County, Colorado, and
        lying within the boundaries of Rocky Mountain National Park as
        generally depicted on a map entitled ``Circle C Church Camp'',
        dated August 1994, which shall upon their acquisition by the
        United States and without further action by the Secretary of
        the Interior be incorporated into Rocky Mountain National Park
        and thereafter be administered in accordance with the laws,
        rules and regulations generally applicable to the National Park
        System and Rocky Mountain National Park.
            (2) Certain lands located along the Arkansas River in Lake
        County, Colorado, which comprise approximately 517 acres, as
        generally depicted on a map entitled ``Arkansas River
        Headwaters Frontage'', dated August 1994.
            (3) Certain lands located within and adjacent to the United
        States Bureau of Land Management San Luis Resource Area in
        Conejos County, Colorado, which comprise approximately 3,993
        acres and are generally depicted on a map entitled ``Quinlan
        Ranches Tract'', dated August 1994.
    (c) Substitution of Lands.--If one or more of the precise offered
land parcels identified above is unable to be conveyed to the United
States due to appraisal or other problems, Lake Gulch and the Secretary
may mutually agree to substitute therefor alternative offered lands
acceptable to the Secretary.
    (d) Conveyance by the United States.--(1) Upon receipt of title to
the lands identified in subsection (a) the Secretary shall
simultaneously convey to Lake Gulch all right, title, and interest of
the United States, subject to valid existing rights, in and to the
following selected lands:
            (A) Certain surveyed lands located in Gilpin County,
        Colorado, Township 3 South, Range 72 West, Sixth Principal
        Meridian, Section 18, Lots 118-220, which comprise
        approximately 195 acres and are intended to include all
        federally owned lands in section 18, as generally depicted on a
        map entitled ``Lake Gulch Selected Lands'', dated July 1994.
            (B) Certain surveyed lands located in Gilpin County,
        Colorado, Township 3 South, Range 72 West, Sixth Principal
        Meridian, Section 17, Lots 37, 38, 39, 40, 52, 53, and 54,
        which comprise approximately 96 acres, as generally depicted on
        a map entitled ``Lake Gulch Selected Lands'', dated July 1994.
            (C) Certain unsurveyed lands located in Gilpin County,
        Colorado, Township 3 South, Range 73 West, Sixth Principal
        Meridian, Section 13, which comprise approximately 10 acres,
        and are generally depicted as parcels 307-326 on a map entitled
        ``Lake Gulch Selected Lands'', dated July 1994: Provided,
        however, That a parcel or parcels of land in section 13 shall
        not be transferred to Lake Gulch if at the time of the proposed
        transfer the parcel or parcels are under formal application for
        transfer to a qualified unit of local government. Due to the
        small and unsurveyed nature of such parcels proposed for
        transfer to Lake Gulch in section 13, and the high cost of
        surveying such small parcels, the Secretary is authorized to
        transfer such section 13 lands to Lake Gulch without survey
        based on such legal or other description as he determines
        appropriate to carry out the basic intent of the map cited in
        this subparagraph.
    (2) If the Secretary and Lake Gulch mutually agree, and the
Secretary determines it is in the public interest, the Secretary may
utilize the authority and direction of this Act to transfer to Lake
Gulch lands in sections 17 and 13 that are in addition to those precise
selected lands shown on the maps cited in paragraphs (d)(1)(B) and
(d)(1)(C), and which are not under formal application for transfer to a
qualified unit of local government, upon transfer to the Secretary of
additional offered lands acceptable to the Secretary or upon payment to
the Secretary by Lake Gulch of cash equalization money amounting to the
full appraised fair market value of any such additional lands. If any
such additional lands are located in section 13 they may be transferred
to Lake Gulch without survey based on such legal or other description
as the Secretary determines appropriate as long as the Secretary
determines that the boundaries of any adjacent lands now owned by Lake
Gulch can be properly identified so as to avoid possible future
boundary conflicts or disputes. If the Secretary determines surveys are
necessary to convey any such additional lands to Lake Gulch, the costs
of such surveys shall be paid by Lake Gulch but shall not be eligible
for any adjustment in the value of such additional lands pursuant to
section 206(f)(2) of the Federal Land Policy and Management Act of 1976
(as amended by the Federal Land Exchange Facilitation Act of 1988) (43
U.S.C. 1716(f)(2)).
    (3) Prior to transferring out of public ownership pursuant to this
Act or other authority of law any lands which are contiguous to North
Clear Creek southeast of the City of Black Hawk, Colorado, in the
County of Gilpin, Colorado, the Secretary shall notify and consult with
the governments of the County and the City and afford such units of
local government an opportunity to acquire or reserve pursuant to the
Federal Land Policy and Management Act of 1976 or other applicable law
such easements or rights-of-way parallel to North Clear Creek as may be
necessary to serve public utility line or recreation path needs:
Provided, however, That any survey or other costs associated with the
acquisition or reservation of such easements or rights-of-way shall be
paid for by the unit or units of local government concerned.

SEC. 3. TERMS AND CONDITIONS OF EXCHANGE.

    (a) Equalization of Values.--The values of the lands to be
exchanged pursuant to this Act shall be equal as determined by the
Secretary of the Interior utilizing nationally recognized appraisal
standards, including, to the extent appropriate, the Uniform Standards
for Federal Land Acquisition, the Uniform Standards of Professional
Appraisal Practice, the provisions of section 206(d) of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1716(d)), and other
applicable law. In the event it is determined that cash equalization
moneys are owed to the United States in the exchange, any such cash
equalization moneys shall be retained by the Secretary of the Interior
and may be utilized by the Secretary until fully expended to purchase
from willing sellers land or water rights, or a combination thereof, to
augment wildlife habitat and protect and restore wetlands in the Bureau
of Land Management's Blanca Wetlands, Alamosa County, Colorado. Any
water rights acquired by the United States pursuant to this section
shall be obtained by the Secretary of the Interior in accordance with
all applicable provisions of Colorado law, including the requirement to
change the time, place, and type of use of said water rights through
the appropriate State legal proceedings and to comply with any terms,
conditions, or other provisions contained in an applicable decree of
the Colorado Water Court. The use of any water rights acquired pursuant
to this section shall be limited to water than can be used or exchanged
for water that can be used on the Blanca Wetlands. Any requirement or
proposal to utilize facilities of the San Luis Valley Project, Closed
Basin Diversion, in order to effectuate the use of any such water
rights shall be subject to prior approval of the Rio Grande Water
Conservation District.
    (b) Restrictions on Selected Lands.--(1) Conveyance of the selected
lands to Lake Gulch pursuant to this Act shall be contingent upon Lake
Gulch executing an agreement with the United States prior to such
conveyance, the terms of which are acceptable to the Secretary of the
Interior, and which--
            (A) grants the United States a covenant that none of the
        selected lands (all of which currently lie outside the State of
        Colorado's current legally approved gaming area) shall ever be
        used for purposes of gaming should the current legal gaming
        area ever be expanded by the State of Colorado; and
            (B) permanently holds the United States harmless for
        liability and indemnify the United States against all costs
        arising from any activities, operations (including the storing,
        handling, and dumping of hazardous materials or substances) or
        other acts conducted by Lake Gulch or its employees, agents,
        successors or assigns on the selected lands after their
        transfer to Lake Gulch: Provided, however, That nothing in this
        Act shall be construed as either diminishing or increasing any
        responsibility or liability of the United States based on the
        condition of the selected lands prior to or on the date of
        their transfer to Lake Gulch.
    (2) Conveyance of the selected lands to Lake Gulch pursuant to this
Act shall be subject to the existing easement for Gilpin County Road 6.
    (3) The above terms and restrictions of this subsection shall not
be considered in determining, or result in any diminution in, the fair
market value of the selected land for purposes of the appraisals of the
selected land required pursuant to section 3 of this Act.
    (c) Revocation of Withdrawal.--The Public Water Reserve established
by Executive order dated April 17, 1926 (Public Water Reserve 107),
Serial Number Colorado 17321, is hereby revoked insofar as it affects
the NW \1/4\ SW \1/4\ of Section 17, Township 3 South, Range 72 West,
Sixth Principal Meridian, which covers a portion of the selected lands
identified in this Act.
    (d) Management of Certain Lands.--Upon their acquisition by the
United States, the lands referred to in section 2(b)(2) of this Act
shall be managed by the Secretary of the Interior in accordance with
the laws, rules, and regulations generally applicable to the public
lands, and, as appropriate, in accordance with cooperative agreements
such as the existing Arkansas Headwaters Recreation Area Memorandum of
Understanding, with special emphasis on public fishing and recreational
access to the Arkansas River, and riparian and wetland habitat
protection. The acquisition of such lands by the Secretary shall not be
construed to impose any responsibility or liability on the Secretary
with respect to hazardous substances which may exist on the lands as of
the date of their acquisition by the United States. Without precluding
any future determination by the Secretary or appropriate Federal or
State authorities that cleanup of any hazardous substances which may be
found to exist on the property would be appropriate, nothing in this
Act shall be construed to require the Secretary to undertake any
hazardous substances cleanup activities or studies.

SEC. 4. MISCELLANEOUS PROVISIONS.

    (a) Definitions.--As used in this Act:
            (1) The term ``Secretary'' means the Secretary of the
        Interior.
            (2) The term ``Lake Gulch'' means Lake Gulch, Inc., a
        Colorado corporation, or its successors, heirs or assigns.
            (3) The term ``offered land'' means lands to be conveyed to
        the United States pursuant to this Act.
            (4) The term ``selected land'' means lands to be
        transferred to Lake Gulch pursuant to this Act.
            (5) The term ``Blanca Wetlands'' means an area of land
        comprising approximately 9,290 acres, as generally depicted on
        a map entitled ``Blanca Wetlands'', dated August 1994, and any
        nearby land which the Secretary may purchase from willing
        sellers after the date of enactment of this Act utilizing funds
        provided by this Act or other funds and manage in conjunction
        with and for the same general purposes as the land depicted on
        that map.
    (b) Time Requirement for Completing Transfer.--It is the intent of
Congress that unless the Secretary and Lake Gulch mutually agree
otherwise the exchange of lands authorized and directed by this Act
shall be completed not later than 6 months after the date of enactment
of this Act.
    (c) Administration of Lands Acquired by United States.--In
accordance with the provisions of section 206(c) of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1716(c)), all lands
acquired by the United States pursuant to this Act shall upon
acceptance of title by the United States and without further action by
the Secretary concerned become part of and be managed as part of the
administrative unit or area within which they are located.

Output:
Requires Lake Gulch, Inc., to convey, on an equal value basis, specified lands located in Larimer, Lake, and Conejos Counties, Colorado, to the Secretary of the Interior in exchange for certain Lake Gulch Selected Lands located in Gilpin County, Colorado.
Provides that, if cash equalization monies are owed to the United States in the exchange, such monies shall be retained by the Secretary and may be utilized until fully expended to purchase from willing sellers land or water rights to augment wildlife habitat and to protect and restore wetlands in the Bureau of Land Management's Blanca Wetlands, Alamosa County, Colorado.
Conditions the conveyance of such selected lands on Lake Gulch executing an agreement which:  (1) grants the United States a covenant that none of such lands (all of which currently lie outside of Colorado's current legally approved gaming area) shall ever be used for gaming purposes should such gaming area ever be expanded by the State; and (2) permanently holds the United States harmless for liability and indemnifies it against all costs arising from any activities, operations (including the storing, handling, and dumping of hazardous materials or substances) or other acts conducted by Lake Gulch on the selected lands after such transfer.  Declares that nothing in this Act shall be construed as either diminishing or increasing any U.S. responsibility or liability based on the condition of the selected lands before or on the date of their transfer.  Subjects the conveyance to the existing easement for Gilpin County Road 6.
Revokes a specified Public Water Reserve established by Executive Order dated April 17, 1926, insofar as it affects certain land which covers a portion of the selected lands.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Children's Education Tax Credit
Act''.

SEC. 2. CREDIT FOR EDUCATION EXPENSES.

    (a) In General.--Subpart C of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to refundable credits)
is amended by redesignating section 35 as section 36 and by inserting
after section 34 the following new section:

``SEC. 35. EDUCATION EXPENSES.

    ``(a) General Rule.--In the case of an individual, there shall be
allowed as a credit against the tax imposed by this subtitle for the
taxable year, the amount of the qualified education expenses paid by
the taxpayer during the taxable year for the education of the taxpayer,
the taxpayer's spouse, or any individual with respect to whom the
taxpayer is allowed a deduction under section 151(c).
    ``(b) Limitation.--
            ``(1) Amount per individual.--The amount allowed as a
        credit under subsection (a) for any taxable year with respect
        to the qualified education expenses of any 1 individual shall
        not exceed $450.
            ``(2) Proration of credit where more than one taxpayer pays
        expenses.--If the qualified education expenses of an individual
        are paid by more than one taxpayer during any calendar year,
        the dollar limitation under paragraph (1) shall be allocated
        among such taxpayers in proportion to their respective shares
        of the qualified education expenses of such individual paid
        during such calendar year by all such taxpayers.
    ``(c) Definitions.--For purposes of this section--
            ``(1) Qualified education expenses.--
                    ``(A) In general.--The term `qualified education
                expenses' means amounts paid for--
                            ``(i) tuition and fees required for the
                        enrollment or attendance of a student at an
                        eligible educational institution, and
                            ``(ii) fees, books, supplies, and equipment
                        required for courses of instruction at an
                        eligible educational institution.
                    ``(B) Meals and lodging expenses not included.--
                Such term does not include any amount paid, directly or
                indirectly, for meals, lodging, or similar personal,
                living, or family expenses. In the event an amount paid
                for tuition or fees includes an amount for meals,
                lodging, or similar expenses which is not separately
                stated, the portion of such amount which is
                attributable to meals, lodging, or similar expenses
                shall be determined under regulations prescribed by the
                Secretary.
                    ``(C) Special rule for home schooling.--In the case
                of education furnished in the home (as a substitute for
                public education) which meets the requirements of State
                law relating to compulsory school attendance, the term
                `qualified education expenses' means amounts paid for
                books, computer software, and other supplies used in
                furnishing such education.
            ``(2) Eligible educational institution.--The term `eligible
        educational institution' means--
                    ``(A) an institution of higher education,
                    ``(B) a vocational school,
                    ``(C) a secondary school, or
                    ``(D) an elementary school.
            ``(3) Institution of higher education.--The term
        `institution of higher education' means the institutions
        described in section 1201(a) or 481(a) of the Higher Education
        Act of 1965.
            ``(4) Vocational school.--The term `vocational school'
        means an area vocational education school as defined in section
        521(3) of the Carl D. Perkins Vocational Education Act.
            ``(5) Elementary and secondary schools.--The terms
        `elementary school' and `secondary school' have the respective
        meanings given such terms by section 14101 of the Elementary
        and Secondary Education Act of 1965.
    ``(d) Special Rules.--
            ``(1) Adjustment for certain scholarships and veterans'
        benefits.--The amounts otherwise taken into account under
        subsection (a) as qualified education expenses of any
        individual during any period shall be reduced (before the
        application of subsection (b)) by the sum of the amounts
        referred to in section 135(d)(1) which are received with
        respect to such individual for the taxable year.
            ``(2) Eligible courses.--Except as provided in subsection
        (c)(1)(C), amounts paid for qualified education expenses of any
        individual shall be taken into account under subsection (a)
        only to the extent such expenses--
                    ``(A) are attributable to courses of instruction
                offered by an elementary or secondary school, or
                    ``(B) are attributable to courses of instruction
                for which credit is allowed toward a baccalaureate or
                graduate degree by an institution of higher education
                or toward a certificate of required course work at a
                vocational school.
            ``(3) Individual must be at least half-time student.--
        Except as provided in subsection (c)(1)(C), no credit shall be
        allowed under subsection (a) for amounts paid during the
        taxable year for qualified education expenses with respect to
        any individual unless that individual, during any 4 calendar
        months during the calendar year in which the taxable year of
        the taxpayer begins, is at least a half-time student at an
        eligible education institution.
            ``(4) Spouse.--No credit shall be allowed under subsection
        (a) for amounts paid during the taxable year for qualified
        education expenses for the spouse of the taxpayer unless--
                    ``(A) the taxpayer is entitled to an exemption for
                his spouse under section 151(b) for the taxable year,
                or
                    ``(B) the taxpayer files a joint return with his
                spouse for the taxable year.
    ``(e) Disallowance of Expenses as Deduction.--No deduction shall be
allowed under section 162 (relating to trade or business expenses) for
any qualified education expense which (after the application of
subsection (b)) is taken into account in determining the amount of any
credit allowed under subsection (a). The preceding sentence shall not
apply to the qualified education expenses of any taxpayer who, under
regulations prescribed by the Secretary, elects not to apply the
provisions of this section with respect to such expenses for the
taxable year.
    ``(f) Regulations.--The Secretary shall prescribe such regulations
as may be necessary to carry out the provisions of this section.''
    (b) Technical Amendments.--
            (1) Paragraph (2) of section 1324(b) of title 31, United
        States Code, is amended by inserting before the period ``or
        from section 35 of such Code''.
            (2) The table of sections for subpart C of part IV of
        subchapter A of chapter 1 of such Code is amended by striking
        the last item and inserting the following new items:

                              ``Sec. 35. Education expenses.
                              ``Sec. 36. Overpayments of tax.''
    (c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.

Output:
Children's Education Tax Credit Act - Amends the Internal Revenue Code to establish an annual tax credit (up to $450 for each qualifying student) for qualified educational expenses (tuition, attendance fees, books, supplies, equipment) paid by a taxpayer for the taxpayer, a spouse, or a dependent.
Provides for:  (1) credit proration in cases of shared expenses; (2) inclusion of certain home schooling expenses; and (3) adjustments for certain scholarships and veterans' benefits.
Defines "eligible educational institution" as an institution of higher education, or a vocational, secondary, or elementary school.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Marine Mammal Protection Act
Amendments of 2002''.

SEC. 2. AMENDMENT REFERENCES.

    Except as otherwise expressly provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to such section or other provision of the Marine Mammal
Protection Act of 1972 (16 U.S.C. 1361 et seq.).

SEC. 3. TECHNICAL CORRECTIONS.

    (a) Committee References.--The Marine Mammal Protection Act of 1972
(16 U.S.C. 1361 et seq.) is amended by striking ``Committee on Merchant
Marine and Fisheries'' each place it appears and inserting ``Committee
on Resources''.
    (b) Obsolete Reference to Replaced Section.--Section
118(c)(3)(A)(i) (16 U.S.C. 1387(c)(3)(A)(i)) is amended by striking ``,
except that'' and all that follows through ``is valid''.

SEC. 4. LIMITED AUTHORITY TO EXPORT NATIVE HANDICRAFTS.

    Section 101(a)(6) (16 U.S.C. 1371(a)(6)) is amended by
redesignating subparagraph (B) as subparagraph (C), and by inserting
after subparagraph (A) the following:
    ``(B) A marine mammal product may be exported from the United
States if the product--
                    ``(i) is legally possessed and exported as part of
                a cultural exchange, by an Indian, Aleut, or Eskimo
                residing in Alaska; or
                    ``(ii) is owned by a Native inhabitant of Russia,
                Canada, or Greenland and is exported for noncommercial
                purposes--
                            ``(I) in conjunction with, and upon the
                        completion of, travel within the United States;
                        or
                            ``(II) as part of a cultural exchange with
                        an Indian, Aleut, or Eskimo residing in
                        Alaska.''.

SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

    (a) Department of Commerce.--Section 116(a) (16 U.S.C. 1384(a)) is
amended to read as follows:
    ``(a) Department of Commerce.--(1) There are authorized to be
appropriated to the Department of Commerce, for purposes of carrying
out its functions and responsibilities under this title (other than
sections 117 and 118) and title IV--
            ``(A) $16,615,000 for 2003;
            ``(B) $17,280,000 for 2004;
            ``(C) $17,971,000 for 2005;
            ``(D) $18,670,000 for 2006; and
            ``(E) $19,418,000 for 2007.
    ``(2) There are authorized to be appropriated to the Department of
Commerce, for purposes of carrying out sections 117 and 118,
$20,000,000 for each of the fiscal years 2003 through 2007.''.
    (b) Department of the Interior.--Section 116(b) (16 U.S.C. 1384(b))
is amended to read as follows:
    ``(b) Department of the Interior.--There are authorized to be
appropriated to the Department of the Interior, for purposes of
carrying out its functions and responsibilities under this title--
            ``(1) $11,800,000 for 2003;
            ``(2) $12,300,000 for 2004;
            ``(3) $12,800,000 for 2005;
            ``(4) $13,300,000 for 2006; and
            ``(5) $13,800,000 for 2007.''.

SEC. 6. TAKE REDUCTION PLANS.

    Section 118 (16 U.S.C. 1387) is amended--
            (1) in subsections (f)(4)(B) and (f)(5)(B), by inserting
        ``and recreational'' after ``commercial'';
            (2) in subsection (f)(6)(C) in the second sentence, by
        inserting before the period the following:
        ``, a representative of the office of General Counsel of the
        National Oceanic and Atmospheric Administration, a
        representative of the National Marine Fisheries Service having
        responsibilities related to fisheries science, a representative
        of the National Marine Fisheries Service having
        responsibilities related to law enforcement, and a
        representative of the appropriate National Marine Fisheries
        Service Regional Administrator'';
            (3) in subsection (f)(7)(B)(i) by adding at the end the
        following: ``Before publishing any plan that is different than
        the draft plan proposed by a take reduction team, the Secretary
        shall reconvene the team and explain to the team the
        differences between the published plan and the draft plan
        proposed by the team.''; and
            (4) in subsection (j) by inserting ``including observer,
        research, and education and outreach programs,'' after ``For
        purposes of carrying out this section,''.

SEC. 7. PINNIPED RESEARCH.

    Section 120 (16 U.S.C. 1389) is amended by adding at the end the
following:
    ``(k) Research on Nonlethal Removal and Control.--(1) The Secretary
shall conduct research on the nonlethal removal and control of nuisance
pinnipeds. The research shall include a review of measures that have
been taken to effect such removal and control, the effectiveness of
these measures, and the development of new technologies to deter
nuisance pinnipeds.
    ``(2) The Secretary shall include, among the individuals that
develop the research program under this subsection, representatives of
the commercial and recreational fishing industries.
    ``(3) The Secretary is encouraged, where appropriate, to use
independent marine mammal research institutions in developing and in
conducting the research program.
    ``(4) The Secretary shall, by December 31 of each year, submit an
annual report on the results of research under this subsection to the
Committee on Resources of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the Senate.''.

SEC. 8. MARINE MAMMAL COMMISSION.

    (a) Number of Employees.--Section 206(5) (16 U.S.C. 1406(5)) is
amended by striking ``; except that no fewer than 11 employees must be
employed under paragraph (1) at any time''.
    (b) Authorization of Appropriations.--Section 207 (16 U.S.C. 1407)
is amended to read as follows:

``SEC. 207. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to the Marine Mammal
Commission for purposes of carrying out this title--
            ``(1) $2,000,000 for fiscal year 2003;
            ``(2) $2,050,000 for fiscal year 2004;
            ``(3) $2,100,000 for fiscal year 2005;
            ``(4) $2,150,000 for fiscal year 2006; and
            ``(5) $2,200,000 for fiscal year 2007.''.

SEC. 9. SCRIMSHAW EXEMPTION.

    Any valid certificate of exemption referred to in section 18 of
Public Law 103-238 (16 U.S.C. 1539 note) that was valid under that
section on April 29, 1999, shall be valid during the 8-year period
beginning October 31, 1999.

SEC. 10. EMERGENCY ASSISTANCE FOR SUBSISTENCE WHALE HUNTERS.

    Section 5 of the Whaling Convention Act of 1949 (16 U.S.C. 916c) is
amended by adding at the end the following:
    ``(c) The prohibitions of this section shall not apply to use of a
vessel to tow a whale taken in a traditional subsistence whale hunt
permitted by Federal law and conducted in waters off the coast of
Alaska, if such towing is performed upon a request for emergency
assistance made by a subsistence whale hunting organization formally
recognized by an agency of the United States Government, or made by a
member of such an organization, to prevent the loss of a whale.''.

SEC. 11. EXTENSION.

    Section 104(c)(5)(D) (16 U.S.C. 1374(c)(5)(D)) is amended by
striking ``the date of the enactment of the Marine Mammal Protection
Act Amendments of 1994'' and inserting ``February 18, 1997''.

SEC. 12. POLAR BEAR PERMITS.

    Section 104 (16 U.S.C. 1374) is amended--
            (1) in subsection (d)(2) by inserting before the period at
        the end of the first sentence the following: ``, except for an
        application for a permit to import polar bear parts under
        subsection (c)(5)'';
            (2) in subsection (d)(5) by inserting before the period at
        the end of the last sentence the following: ``if a notice of
        application was published pursuant to paragraph (2) with
        respect to the permit''; and
            (3) in subsection (c)(5) by adding at the end the
        following:
    ``(E) The Secretary shall make available to the public on a
semiannual basis information concerning the permits issued or denied
under this paragraph.''.

SEC. 13. CAPTIVE RELEASE PROHIBITION.

    Section 102(a) (16 U.S.C. 1372(a)) is amended--
            (1) in paragraph (4) by striking ``subsection 104(c); and''
        and inserting ``section 104(c);'';
            (2) in paragraph (5) by striking the period and inserting
        ``; and''; and
            (3) by adding at the end the following:
            ``(6) for any person that is subject to the jurisdiction of
        the United States to release any captive marine mammal unless
        specifically authorized to do so under section 104(c)(3)(A),
        104(c)(4)(A), or 109(h).''.

SEC. 14. MARINE MAMMAL COMMISSION ADMINISTRATION.

    Section 206(4) (16 U.S.C. 1406(4)) is amended by striking ``(but at
rates for individuals not to exceed $100 per diem)''.

Output: Marine Mammal Protection Act Amendments of 2002 - Amends the Marine Mammal Protection Act of 1972 to grant limited permission for a marine mammal to be exported from the United States, including in cases where an Indian, Aleut or Eskimo residing in Alaska exports the animal as part of a cultural exchange.Requires reduction plans to track the number of animals from strategic stocks being incidentally lethally taken or seriously injured each year through recreational fishing (in addition to commercial fishing), and to publish proposals for reducing such incidents within a stock under certain specified conditions.Requires research on the removal and control of nuisance pinnipeds, including on the development of new technologies to deter such creatures.Authorizes appropriations for the Marine Mammal Commission through FY 2007.Renews the Scrimshaw Exemption for the eight-year period beginning October 31, 1999.Permits emergency assistance to tow a whale captured in a legal traditional subsistence whale hunt off the coast of Alaska if a request for such assistance is made by a federally-recognized subsistence whale hunting organization or by a member of such an organization.Directs the Secretary of the Interior to issue a permit for importation of polar bear parts (other than internal organs) from bears taken in sport hunts in Canada before February 18, 1997 (the previous date was April 30, 1994).Makes it unlawful for anyone under U.S. jurisdiction to release any captive marine mammal unless authorized under specified provisions of the Code.