SECTION 1. AVIATION TAX REVENUES TO MATCH AIRPORT AND AIRWAY TRUST FUND
              EXPENDITURES.

    (a) In General.--Part III of subchapter C of chapter 33 of the
Internal Revenue Code of 1986 (relating to special provisions
applicable to taxes on transportation by air) is amended by adding at
the end the following new section:

``SEC. 4283. AVIATION TAX REVENUES TO MATCH AIRPORT AND AIRWAY TRUST
              FUND EXPENDITURES.

    ``(a) General Rule.--Except as provided by subsection (b), if the
aviation tax rates prescribed by the Secretary under this section for
any fiscal year are greater than or less than the otherwise applicable
rates of the aviation taxes, the rates so prescribed shall apply for
such year in lieu of the otherwise applicable rates.
    ``(b) Limitation on Rates.--In no event may the Secretary prescribe
rates under subsection (a) which are greater than--
            ``(1) ____ per gallon in the case of the tax imposed by
        section 4081(a)(2)(A)(ii) (relating to aviation gasoline),
            ``(2) ____ cents per gallon in the case of the tax imposed
        by section 4091 (relating to aviation fuel),
            ``(3) ____ percent and ____ percent, respectively, of the
        amount paid in the case of the taxes imposed by sections 4261
        and 4271 (relating to transportation of persons and property by
        air), other than the tax imposed by section 4261(c), and
            ``(4) $____ on any amount paid in the case of the tax
        imposed by section 4261(c) (relating to use of international
        travel facilities).
    ``(c) Determination of Aviation Tax Rates.--
            ``(1) In general.--Not later than September 1 of each
        calendar year, the Secretary shall prescribe the aviation tax
        rates for the fiscal year which begins during such calendar
        year.
            ``(2) Method of determining rates.--The aviation tax rates
        prescribed by the Secretary for any fiscal year shall be rates
        which the Secretary estimates will result in aggregate aviation
        tax revenues during such fiscal year equal to the aggregate
        aviation expenditures during the preceding fiscal year. Proper
        adjustments shall be made in the estimate under the preceding
        sentence to the extent that aggregate aviation tax revenues
        during any prior fiscal year (beginning after September 30,
        1996) were greater than or less than the aggregate aviation
        expenditures for such prior fiscal year. Such adjustments shall
        be made consistent with Congressional Budget Office scoring
        procedures and shall be revenue neutral.
            ``(3) Proportionality of rates maintained.--Each aviation
        tax rate prescribed by the Secretary under this section shall
be the rate which results in the same proportion of the aggregate
aviation tax revenues for the fiscal year as the proportion of the
aggregate aviation tax revenues for such fiscal year which would have
resulted from the otherwise applicable rate.
    ``(d) Definitions.--For purposes of this section--
            ``(1) Aviation taxes.--The term `aviation taxes' means--
                    ``(A) the taxes imposed by subsections (c) and (e)
                of section 4041,
                    ``(B) the tax imposed by section 4081(a)(2)(A)(ii)
                to the extent attributable to the Airport and Airway
                Trust Fund financing rate (as defined in section
                9502(f)),
                    ``(C) the tax imposed by section 4091 to the extent
                attributable to the Airport and Airway Trust Fund
                financing rate (as defined in section 9502(f)), and
                    ``(D) the taxes imposed by sections 4261 and 4271.
            ``(2) Aviation tax revenues.--The term `aviation tax
        revenues' means, with respect to any fiscal year, the aggregate
        amount deposited into the Airport and Airway Trust Fund during
        such year by reason of section 9502(b), reduced by transfers
        from such Trust Fund during such year under paragraphs (2),
        (3), and (5) of section 9502(d).
            ``(3) Aviation expenditures.--The term `aviation
        expenditures' means, with respect to any fiscal year, the
        aggregate budget authority for such year for expenditures from
        the Airport and Airway Trust Fund, combined with contract
        authority for such year (to the extent of any limitation on
        obligations) for expenditures from the Airport and Airway Trust
        Fund.''
    (b) Other Amendments.--
            (1) Paragraph (2) of section 9502(b) of such Code is
        amended by striking ``under section 4081'' and all that follows
        and inserting ``under section 4081 with respect to aviation
        gasoline (to the extent attributable to the Airport and Airway
        Trust Fund financing rate);''.
            (2) Paragraph (1) of section 9502(f) of such Code is
        amended to read as follows:
            ``(1) In general.--Except as otherwise provided in this
        subsection, the Airport and Airway Trust Fund financing rate
        is--
                    ``(A) in the case of aviation gasoline subject to
                tax under section 4081, 15 cents per gallon (unless
                otherwise prescribed by the Secretary),
                    ``(B) in the case of fuel used in an aircraft in
                noncommercial aviation (as defined in section
                4041(c)(4)), 17.5 cents per gallon (unless otherwise
                prescribed by the Secretary), and
                    ``(C) in the case of fuel used in an aircraft other
                than in noncommercial aviation (as so defined), zero.''
    (c) Clerical Amendment.--The table of sections for part III of
subchapter C of chapter 33 of such Code is amended by adding at the end
the following new item:

                              ``Sec. 4283. Aviation tax revenues to
                                        match Airport and Airway Trust
                                        Fund expenditures.''

SEC. 2. ESTABLISHMENT OF ANNUAL RESERVE ACCOUNT IN AIRPORT AND AIRWAY
              TRUST FUND.

    Section 9502 of the Internal Revenue Code of 1986 (relating to the
Airport and Airway Trust Fund) is amended by adding at the end the
following new subsection:
    ``(g) Establishment of Annual Reserve Account.--
            ``(1) Creation of account.--There is established in the
        Airport and Airway Trust Fund a separate account to be known as
        the `Annual Reserve Account' consisting of such amounts as may
        be transferred or credited to the Annual Reserve Account as
        provided in this subsection or section 9602(b).
            ``(2) Transfers to annual reserve account.--The Secretary
        of the Treasury shall transfer to the Annual Reserve Account
        any portion of the amounts appropriated to the Airport and
        Airway Trust Fund under subsection (b) which is attributable to
        tax rates prescribed under section 4283(a) which are greater
        than the otherwise applicable rates of the aviation taxes
        prescribed for the prior fiscal year. For the purposes of the
        preceding sentence, the term `aviation taxes' has the meaning
        such term has under section 4283(d)(1).
            ``(3) Expenditures from annual reserve account.--Amounts in
        the Annual Reserve Account shall be available, as provided by
        appropriation Acts, for the same purposes as amounts in the
        Airport and Airway Trust Fund are available under subsection
        (d).
            ``(4) Budgetary treatment of annual reserve account.--
        Notwithstanding any other provision of law except the Line Item
        Veto Act of 1996, the annual receipts and disbursements of the
        Annual Reserve Account--
                    ``(A) shall not be counted as new budget authority,
                outlays, receipts, or deficit or surplus for purposes
                of--
                            ``(i) the budget of the United States
                        Government as submitted by the President,
                            ``(ii) the congressional budget (including
                        allocations of budget authority and outlays
                        provided therein), or
                            ``(iii) the Balanced Budget and Emergency
                        Deficit Control Act of 1985; and
                    ``(B) shall be exempt from any general budget
                limitation imposed by statute on expenditures and net
                lending (budget outlays) of the United States
                Government.''

SEC. 3. EFFECTIVE DATE.

    The amendments made by this Act shall apply to fiscal years
beginning after September 30, 1996.

Summary: Amends the Internal Revenue Code to: (1) provide that the amount of fiscal year aviation excise taxes shall match Airport and Airway Trust Fund expenditures. (2) require annual aviation tax rate determinations by a specified date, and (3) establish in such Fund an Annual Reserve Account.

To amend the Internal Revenue Code of 1986 to provide that the amount of the aviation excise taxes for any fiscal year shall equal the expenditures from the Airport and Airway Trust Fund for the prior fiscal year, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Home Equity Protection Act of
1993''.

SEC. 2. CONSUMER PROTECTIONS FOR HIGH COST MORTGAGES.

    (a) Definition.--Section 103 of the Truth in Lending Act (15 U.S.C.
1602) is amended by adding after subsection (z) the following new
subsection:
    ``(aa) The term `high cost mortgage' means a consumer credit
transaction, other than a residential mortgage transaction, that is
secured by a consumer's principal dwelling and that satisfies at least
1 of the following conditions:
            ``(1) The annual percentage rate at consummation of the
        transaction will exceed by more than 10 percentage points the
        rate of interest on obligations of the United States having a
        period of maturity of 1 year on the fifteenth day of the month
        before such consummation.
            ``(2) All points and fees payable by the consumer at or
        before closing will exceed the greater of--
                    ``(A) 8 percent of the amount financed, minus fees
                and points; or
                    ``(B) $400.''.
    (b) Material Disclosures.--Section 103(u) of the Truth in Lending
Act (15 U.S.C. 1602(u)) is amended--
            (1) by striking ``and the due dates'' and inserting ``, the
        due dates''; and
            (2) by inserting before the period ``, and the disclosures
        for high cost mortgages required by section 129(a))''.
    (c) Definition of Creditor Clarified.--Section 103(f) of the Truth
in Lending Act (15 U.S.C. 1602(f)) is amended by adding at the end the
following: ``Any person who originates 2 or more high cost mortgages in
any 12-month period or any person who originates 1 or more high cost
mortgages through a loan broker shall be considered to be a creditor
for purposes of section 129.''.
    (d) Disclosures Required and Certain Terms Prohibited.--The Truth
in Lending Act (15 U.S.C. 1601 et seq.) is amended by inserting after
section 128 the following new section:

``SEC. 129. REQUIREMENTS FOR HIGH COST MORTGAGES.

    ``(a) Disclosures.--In addition to any other disclosures required
under this title, for each high cost mortgage, the creditor shall
provide the following written disclosures in clear language and in
conspicuous type size and format, segregated from other information as
a separate document:
            ``(1) The following statement: `If you obtain this loan,
        the lender will have a mortgage on your home. You could lose
        your home, and any money you have put into it, if you do not
        meet your obligations under the loan.'.
            ``(2) The initial annual percentage rate.
            ``(3) The consumer's gross monthly cash income, as verified
        by the creditor, the total initial monthly payment, and the
        amount of funds that will remain to meet other obligations of
        the consumer.
            ``(4) In the case of a variable rate loan, a statement that
        the annual percentage rate and the interest rate could
        increase, and the maximum interest rate and payment.
            ``(5) In the case of a variable rate loan with an initial
        annual percentage rate that is different than the one which
        would be applied using the contract index after the initial
        period, a statement of the period of time the initial rate will
        be in effect, and the rate or rates that will go into effect
        after the initial period is over, assuming that current
        interest rates prevail.
            ``(6) A statement that the consumer is not required to
        complete the transaction merely because he or she has received
        disclosures or signed a loan application.
            ``(7) A statement as follows: `Under Federal law, this is a
        high cost mortgage. You may be able to obtain a less expensive
        loan.'.
    ``(b) Time of Disclosures.--The disclosures required by this
section shall be given no later than 3 business days prior to
consummation of the transaction. A creditor may not change the terms of
the loan after providing the disclosures required by this section.
    ``(c) No Prepayment Penalty.--
            ``(1) In general.--A high cost mortgage may not contain
        terms under which a consumer must pay a prepayment penalty for
        paying all or part of the principal prior to the date on which
        such principal is due. If the date of maturity of the high cost
        mortgage is accelerated for any reason, the consumer is
        entitled to a rebate that complies with paragraph (2). No high
        cost mortgage shall provide for a default interest rate that is
        higher than the interest rate provided by the note for a
        performing loan.
            ``(2) Rebate computation.--For purposes of this subsection,
        any method of computing rebates of a finance charge less
        favorable to the consumer than the actuarial method using
        simple interest is a prepayment penalty.
            ``(3) Certain other fees prohibited.--An agreement to
        refinance a high cost mortgage by the same creditor or an
        affiliate of the creditor may not require the consumer to pay
        points, discount fees, or prepaid finance charges on the
        portion of the loan refinanced. For the purpose of this
        paragraph, the term `affiliate' has the same meaning as it does
        in section 2(k) of the Bank Holding Company Act of 1956.
    ``(d) No Balloon Payments.--A high cost mortgage may not include
terms under which the aggregate amount of the regular periodic payments
would not fully amortize the outstanding principal balance.
    ``(e) No Negative Amortization.--A high cost mortgage may not
include terms under which the outstanding principal balance will
increase over the course of the loan.
    ``(f) No Prepaid Payments.--A high cost mortgage may not include
terms under which more than 2 periodic payments required under the loan
are consolidated and paid in advance from the loan proceeds provided to
the consumer.
    ``(g) Unfair, Deceptive, or Evasive Acts Prohibited.--Creditors of
contracts governed by this section shall not commit, in the making,
servicing, or collecting of a high cost mortgage, any act or practice
which is unfair or deceptive, including any of the following:
            ``(1) Entering into a home equity loan if there is no
        reasonable probability that the homeowner will be able to make
        payments according to the terms of the loan.
            ``(2) Taking advantage of the borrower's infirmities, lack
        of education or sophistication, or language skills, necessary
        to understand fully the terms of the transaction.
            ``(3) Refinancing other loans owed by the homeowner which
        had not been accelerated by reason of default of the homeowner
        prior to the application for the home equity loan, unless the
        new loan is at a lower interest rate or has lower monthly
        payments.
            ``(4) Financing a mortgage broker's commission, unless the
        borrower entered into a separate written contract with the
        broker prior to the date of application for the home equity
        loan, which stated the dollar amount of the commission, and
        which was provided to the borrower prior to the application.
            ``(5) Taking action or interfering with any other consumer
        protection laws or regulation designed to protect the
        homeowner.
            ``(6) Assisting in the falsification of information on the
        application for a home equity loan.
            ``(7) Disbursing to a home improvement contractor more than
        80 percent of funds due under a home improvement contract which
        exceeds $10,000, before the completion of the work due under
        the home improvement contract, or making any disbursement for a
        home improvement contract in a form other than an instrument
        jointly payable to the borrower and the contractor.
            ``(8)(A) Engaging in any other unfair, deceptive, or
        unconscionable conduct which creates a likelihood of confusion
        or misunderstanding.
            ``(B) Any attempt to evade the provisions of this section
        by any devise, subterfuge, or pretense whatsoever is deemed to
        be unfair conduct under this paragraph.
    ``(h) Right of Rescission.--For the purpose of section 125, any
contract with provisions prohibited by this section is deemed to not
include material disclosures required under this title. Any provision
in a high cost mortgage which violates section 125 shall not be
enforceable.''.

SEC. 3. STATE AUTHORITY TO REGULATE HIGH RATE MORTGAGE LOANS.

    The authority of States to establish limitations on the interest,
fees, and other terms of a first mortgage which--
            (1) is secured by a first lien on residential real
        property; and
            (2) is not used to finance the acquisition of that
        property;
is not preempted by section 501 of the Depository Institutions
Deregulation and Monetary Control Act of 1980 (12 U.S.C. 1735f-7a) or
the Alternative Mortgage Transaction Parity Act of 1982 (12 U.S.C. 3801
et seq.).

SEC. 4. CIVIL LIABILITY.

    (a) Damages.--Section 130(a) of the Truth in Lending Act (15 U.S.C.
1640(a)) is amended--
            (1) by striking ``and'' at the end of paragraph (2)(B);
            (2) by striking the period at the end of paragraph (3) and
        inserting ``; and''; and
            (3) by inserting after paragraph (3) the following new
        paragraph:
            ``(4) in case of a failure to comply with any requirement
        under section 129, all finance charges and fees.''.
    (b) State Attorney General Enforcement.--Section 130(e) of the
Truth in Lending Act (15 U.S.C. 1640(e)) is amended by adding at the
end the following: ``An action to enforce a violation of section 129
may also be brought by the appropriate State attorney general in a
court of competent jurisdiction, within 5 years after the date on which
the violation occurs.''.
    (c) Assignee Liability.--Section 131 of the Truth in Lending Act
(15 U.S.C. 1641) is amended by adding at the end the following new
subsection:
    ``(d) High Cost Mortgages.--
            ``(1) In general.--In addition to any other liability
        imposed under this title, any person who purchases or is
        otherwise assigned a high cost mortgage shall be subject to all
        claims and defenses with respect to the mortgage that the
        consumer could assert against the creditor of the mortgage.
            ``(2) Damages.--Relief under this subsection shall be
        limited to the sum of--
                    ``(A) an offset of all remaining indebtedness; and
                    ``(B) the total amount paid by the consumer in
                connection with the transaction.
            ``(3) Notice.--Any person who sells or otherwise assigns a
        high cost mortgage shall include a prominent notice of the
        potential liability under this subsection as determined by the
        Board.''.

SEC. 5. EFFECTIVE DATE.

    This Act shall be effective 60 days after the promulgation of
regulations by the Board of Governors of the Federal Reserve System,
which shall occur not later than 180 days following the date of
enactment of this Act.

Summary: Home Equity Protection Act of 1993 - Amends the Truth in Lending Act to require the creditor of each high cost mortgage to provide certain clearly written, conspicuous disclosures regarding the risks associated with such mortgages. Prohibits such mortgages from containing: (1) a prepayment penalty for paying all or part of the principal prior to the date on which the balance is due, (2) certain refinancing fees, (3) balloon payments, (4) negative amortization, (5) certain prepared payments. And (6) specified unfair, deceptive, or evasive acts. Declares that State authority to regulate certain high rate mortgage loans is not preempted by specified Federal statutes. Includes within the creditor's liability for damages for noncompliance with this Act all finance charges and fees paid by the consumer. Empowers the appropriate State attorney general to bring an action to enforce this Act. Subjects an assignee of a high cost mortgage to all the claims and defenses that the consumer could assert against the creditor.

Home Equity Protection Act of 1993


SECTION 1. TRANSPORTATION WORKER IDENTIFICATION CREDENTIAL SECURITY
CARD PROGRAM IMPROVEMENTS AND ASSESSMENT.
    (a) Credential Improvements.--
        (1) In general.--Not later than 60 days after the date of
    enactment of this Act, the Administrator of the Transportation
    Security Administration shall commence actions, consistent with
    section 70105 of title 46, United States Code, to improve the
    Transportation Security Administration's process for vetting
    individuals with access to secure areas of vessels and maritime
    facilities.
        (2) Required actions.--The actions described under paragraph
    (1) shall include--
            (A) conducting a comprehensive risk analysis of security
        threat assessment procedures, including--
                (i) identifying those procedures that need additional
            internal controls; and
                (ii) identifying best practices for quality assurance
            at every stage of the security threat assessment;
            (B) implementing the additional internal controls and best
        practices identified under subparagraph (A);
            (C) improving fraud detection techniques, such as--
                (i) by establishing benchmarks and a process for
            electronic document validation;
                (ii) by requiring annual training for Trusted Agents;
            and
                (iii) by reviewing any security threat assessment-
            related information provided by Trusted Agents and
            incorporating any new threat information into updated
            guidance under subparagraph (D);
            (D) updating the guidance provided to Trusted Agents
        regarding the vetting process and related regulations;
            (E) finalizing a manual for Trusted Agents and adjudicators
        on the vetting process; and
            (F) establishing quality controls to ensure consistent
        procedures to review adjudication decisions and terrorism
        vetting decisions.
        (3) Report.--Not later than 2 years after the date of enactment
    of this Act, the Inspector General of the Department of Homeland
    Security shall submit a report to Congress that evaluates the
    implementation of the actions described in paragraph (1).
    (b) Comprehensive Security Assessment of the Transportation
Security Card Program.--
        (1) In general.--Not later than 60 days after the date of
    enactment of this Act, the Secretary of Homeland Security shall
    commission an assessment of the effectiveness of the transportation
    security card program (referred to in this section as ``Program'')
    required under section 70105 of title 46, United States Code, at
    enhancing security and reducing security risks for facilities and
    vessels regulated under chapter 701 of that title.
        (2) Location.--The assessment commissioned under paragraph (1)
    shall be conducted by a research organization with significant
    experience in port or maritime security, such as--
            (A) a national laboratory;
            (B) a university-based center within the Science and
        Technology Directorate's centers of excellence network; or
            (C) a qualified federally-funded research and development
        center.
        (3) Contents.--The assessment commissioned under paragraph (1)
    shall--
            (A) review the credentialing process by determining--
                (i) the appropriateness of vetting standards;
                (ii) whether the fee structure adequately reflects the
            current costs of vetting;
                (iii) whether there is unnecessary redundancy or
            duplication with other Federal- or State-issued
            transportation security credentials; and
                (iv) the appropriateness of having varied Federal and
            State threat assessments and access controls;
            (B) review the process for renewing applications for
        Transportation Worker Identification Credentials, including the
        number of days it takes to review application, appeal, and
        waiver requests for additional information; and
            (C) review the security value of the Program by--
                (i) evaluating the extent to which the Program, as
            implemented, addresses known or likely security risks in
            the maritime and port environments;
                (ii) evaluating the potential for a non-biometric
            credential alternative;
                (iii) identifying the technology, business process, and
            operational impacts of the use of the transportation
            security card and transportation security card readers in
            the maritime and port environments;
                (iv) assessing the costs and benefits of the Program,
            as implemented; and
                (v) evaluating the extent to which the Secretary of
            Homeland Security has addressed the deficiencies in the
            Program identified by the Government Accountability Office
            and the Inspector General of the Department of Homeland
            Security before the date of enactment of this Act.
        (4) Deadlines.--The assessment commissioned under paragraph (1)
    shall be completed not later than 1 year after the date on which
    the assessment is commissioned.
        (5) Submission to congress.--Not later than 60 days after the
    date that the assessment is completed, the Secretary of Homeland
    Security shall submit to the Committee on Commerce, Science, and
    Transportation and the Committee on Homeland Security and
    Governmental Affairs of the Senate and the Committee on Homeland
    Security and the Committee on Transportation and Infrastructure of
    the House of Representatives the results of the assessment
    commissioned under this subsection.
    (c) Corrective Action Plan; Program Reforms.--If the assessment
commissioned under subsection (b) identifies a deficiency in the
effectiveness of the Program, the Secretary of Homeland Security, not
later than 60 days after the date on which the assessment is completed,
shall submit a corrective action plan to the Committee on Commerce,
Science, and Transportation and the Committee on Homeland Security and
Governmental Affairs of the Senate, the Committee on Homeland Security
and the Committee on Transportation and Infrastructure of the House of
Representatives that--
        (1) responds to findings of the assessment;
        (2) includes an implementation plan with benchmarks;
        (3) may include programmatic reforms, revisions to regulations,
    or proposals for legislation; and
        (4) shall be considered in any rulemaking by the Department of
    Homeland Security relating to the Program.
    (d) Inspector General Review.--If a corrective action plan is
submitted under subsection (c), the Inspector General of the Department
of Homeland Security shall--
        (1) not later than 120 days after the date of such submission,
    review the extent to which such plan implements the requirements
    under subsection (c); and
        (2) not later than 18 months after the date of such submission,
    and annually thereafter for 3 years, submit a report to the
    congressional committees set forth in subsection (c) that describes
    the progress of the implementation of such plan.

                               Speaker of the House of Representatives.

                            Vice President of the United States and
                                               President of the Senate.

Summary: This measure has not been amended since it was passed by the Senate on December 10, 2016. This bill directs the Transportation Security Administration (TSA) to commence actions to improve its process for vetting individuals with access to secure areas of vessels and maritime facilities. These actions shall include: conducting a comprehensive risk analysis of security threat assessment procedures, including identifying procedures that need additional internal controls as well as best practices for quality assurance at every stage of the assessment, implementing such internal controls and best practices, improving fraud detection techniques. Updating the guidance provided to Trusted Agents regarding the vetting process and related regulations. Finalizing a manual for such agents and adjudicators on the vetting process. And establishing quality controls to ensure consistent procedures to review adjudication decisions and terrorism vetting decisions. The Department of Homeland Security (DHS) shall commission a national laboratory, a university-based center within the Science and Technology Directorate's centers of excellence network, or a qualified federally-funded research and development center to conduct an assessment of the effectiveness of the Transportation Worker Identification Credential (TWIC) Program at enhancing security and reducing security risks for maritime facilities and vessels that pose a high risk of being involved in a transportation security incident. The assessment shall review: the credentialing process, the process for renewing TWIC applications, and the security value of the TWIC program. If the assessment identifies a deficiency in effectiveness of the TWIC Program, DHS shall submit to Congress a corrective action plan that: responds to assessment findings and includes an implementation plan with benchmarks, and shall be considered in any DHS rulemaking with respect to the TWIC Program. The DHS Inspector General must review and report on the corrective action plan.

To require the Secretary of Homeland Security to prepare a comprehensive security assessment of the transportation security card program, and for other purposes.


TITLE I--INTERNATIONAL DEVELOPMENT ASSOCIATION

SEC. 101. PARTICIPATION IN THE THIRTEENTH REPLENISHMENT OF THE
              RESOURCES OF THE INTERNATIONAL DEVELOPMENT ASSOCIATION.

    The International Development Association Act (22 U.S.C. 284-284s)
is amended by adding at the end the following:

``SEC. 22. THIRTEENTH REPLENISHMENT.

    ``(a) Contribution Authority.--
            ``(1) In general.--The United States Governor of the
        Association may contribute on behalf of the United States an
        amount equal to the amount appropriated under subsection (b),
        pursuant to the resolution of the Association entitled
        `Additions to IDA Resources: Thirteenth Replenishment'.
            ``(2) Subject to appropriations.--Any commitment to make
        the contribution authorized by paragraph (1) shall be effective
        only to such extent or in such amounts as are provided in
        advance in appropriations Acts.
    ``(b) Limitations on Authorization of Appropriations.--For the
contribution authorized by subsection (a), there are authorized to be
appropriated such sums as may be necessary for payment by the Secretary
of the Treasury, without fiscal year limitation.''.

SEC. 102. ADMINISTRATIVE PROVISIONS.

    Title XV of the International Financial Institutions Act (22 U.S.C.
262o--262o-2) is amended by adding at the end the following:

``SEC. 1504. ADMINISTRATIVE PROVISIONS.

    ``(a) Achievement of Certain Policy Goals.--The Secretary of
Treasury should instruct the United States Executive Director at each
multilateral development institution to inform the institution of the
following United States policy goals, and to work toward achieving the
goals at the institution before June 30, 2005:
            ``(1) No later than 60 calendar days after the Board of
        Directors of the institution approves the minutes of a Board
        meeting, the institution shall post on its website an
        electronic version of the minutes, with material deemed too
        sensitive for public distribution redacted.
            ``(2) The institution shall keep a written transcript or
        electronic recording of each meeting of its Board of Directors
        and preserve the transcript or recording for at least 10 years
        after the meeting.
            ``(3) All public sector loan documents, country assistance
        strategies, sector strategies, and sector policies prepared by
the institution and presented for endorsement or approval by its Board
of Directors, with materials deemed too sensitive for public
distribution redacted or withheld, shall be made available to the
public 15 calendar days before consideration by the Board or, if not
then available, when the documents are distributed to the Board.
            ``(4) The institution shall post on its website an annual
        report containing statistical summaries and case studies of the
        fraud and corruption cases pursued by its investigations unit.
            ``(5) The institution shall require that any health,
        education, or poverty-focused loan, credit, grant, document,
        policy, or strategy prepared by the institution includes
        specific outcome and output indicators to measure results, and
        that the indicators and results be published periodically
        during the execution, and at the completion, of the project or
        program.
    ``(b) Publication of Written Statements Regarding Inspection
Mechanism Cases.--No later than 60 calendar days after a meeting of the
Board of Directors of a multilateral development institution, the
Secretary of the Treasury should provide for publication on the website
of the Department of the Treasury of any written statement presented at
the meeting by the United States Executive Director at the institution
concerning--
            ``(1) a project on which a claim has been made to the
        inspection mechanism of the institution; or
            ``(2) a pending inspection mechanism case.
    ``(c) Congressional Briefings.--At the request of the Committee on
Financial Services of the House of Representatives or the Committee on
Foreign Relations of the Senate, the Secretary of the Treasury or the
designee of the Secretary should brief the requesting committee on the
steps that have been taken by the United States Executive Director at
any multilateral development institution, and by any such institution,
to implement the measures described in this section.
    ``(d) Publication of `No' Votes and Abstentions by the United
States.--Each month, the Secretary of the Treasury should provide for
posting on the website of the Department of the Treasury of a record of
all `no' votes and abstentions made by the United States Executive
Director at any multilateral development institution on any matter
before the Board of Directors of the institution.
    ``(e) Multilateral Development Institution Defined.--In this
section, the term `multilateral development institution' shall have the
meaning given in section 1701(c)(3).''.

                    TITLE II--ASIAN DEVELOPMENT FUND

SEC. 201. PARTICIPATION IN THE SEVENTH REPLENISHMENT OF THE RESOURCES
              OF THE ASIAN DEVELOPMENT FUND.

    The Asian Development Bank Act (22 U.S.C. 285-285aa) is amended by
adding at the end the following:

``SEC. 31. ADDITIONAL CONTRIBUTION TO SPECIAL FUNDS.

    ``(a) Contribution Authority.--
            ``(1) In general.--The United States Governor of the Bank
        may contribute on behalf of the United States an amount equal
        to the amount appropriated under subsection (b), pursuant to
        the resolution of the Bank entitled `Seventh Replenishment of
        the Asian Development Fund'.
            ``(2) Subject to appropriations.--Any commitment to make
        the contribution authorized by paragraph (1) shall be effective
        only to such extent or in such amounts as are provided in
        advance in appropriations Acts.
    ``(b) Limitations on Authorization of Appropriations.--For the
contribution authorized by subsection (a), there are authorized to be
appropriated such sums as may be necessary for payment by the Secretary
of the Treasury, without fiscal year limitation.''.

                  TITLE III--AFRICAN DEVELOPMENT FUND

SEC. 301. PARTICIPATION IN THE NINTH REPLENISHMENT OF THE RESOURCES OF
              THE AFRICAN DEVELOPMENT FUND.

    The African Development Fund Act (22 U.S.C. 290g--290g-15) is
amended by adding at the end the following:

``SEC. 217. NINTH REPLENISHMENT.

    ``(a) Contribution Authority.--
            ``(1) In general.--The United States Governor of the Fund
        may contribute on behalf of the United States an amount equal
        to the amount appropriated under subsection (b), pursuant to
        the resolution of the Fund entitled `The Ninth General
        Replenishment of Resources of the African Development Fund'.
            ``(2) Subject to appropriations.--Any commitment to make
        the contribution authorized by paragraph (1) shall be effective
        only to such extent or in such amounts as are provided in
        advance in appropriations Acts.
    ``(b) Limitations on Authorization of Appropriations.--For the
contribution authorized by subsection (a), there are authorized to be
appropriated such sums as may be necessary for payment by the Secretary
of the Treasury, without fiscal year limitation.''.

Summary: Amends specified Federal laws to authorize appropriations for: (1) the US contribution to the thirteenth replenishment of the International Development Association. (2) the US contribution to the seventh replenishment of the Asian Development Fund. And (3) the US contribution to the ninth replenishment of the African Development Fund. Directs the Secretary of the Treasury to instruct the US Executive Director at each multilateral development institution to inform such institution of specified US policy goals . Requires each institution to: (1) post on its website an electronic version of Board of Directors meeting minutes within 60 days after any such meeting, with material deemed too sensitive for public distribution redacted. (2) keep a written transcript or electronic recording of each Board meeting and preserve it for at least ten years. (3) make available to the public 15 days before Board consideration all public sector loan documents, country assistance strategies, sector strategies, and sector policies prepared by the institution and presented for Board endorsement or approval. (4) post on its website an annual report of statistical summaries and case studies of fraud and corruption cases pursued by its investigations unit. And (5) require any health, education, or poverty-focused loan, credit, grant, document, policy, or strategy prepared by it to include specific outcome and output indicators to measure results, and that such indicators and results be published periodically during execution, and at the completion, of the project or program. Urges the Secretary no later than 60 days after a meeting of the Board of a multilateral development institution to provide for publication on the Department of the Treasury's website of the institution's written statements regarding inspection mechanism claims and cases.

To provide for the participation of the United States in the thirteenth replenishment of the resources of the International Development Association, the seventh replenishment of the resources of the Asian Development Fund, and the ninth replenishment of the resources of the African Development Fund, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Preserving Patient Access to
Inpatient Rehabilitation Hospitals Act of 2005''.

SEC. 2. EFFECT ON ENFORCEMENT OF REGULATIONS.

    (a) In General.--Notwithstanding section 412.23(b)(2) of title 42,
Code of Federal Regulations, during the period beginning on July 1,
2005, and ending on the date that is 2 years after the date of
enactment of this Act, the Secretary of Health and Human Services
(referred to in this Act as the ``Secretary'') shall not--
            (1) require a compliance rate, pursuant to the criterion
        (commonly known as the ``75 percent rule'') that is used to
        determine whether a hospital or unit of a hospital is an
        inpatient rehabilitation facility (as defined in the rule
        published in the Federal Register on May 7, 2004, entitled
        ``Medicare Program; Final Rule; Changes to the Criteria for
        Being Classified as an Inpatient Rehabilitation Facility'' (69
        Fed. Reg. 25752)), that is greater than the 50 percent
        compliance threshold that became effective on July 1, 2004;
            (2) change the designation of an inpatient rehabilitation
        facility that is in compliance with the 50 percent threshhold;
        or
            (3) conduct medical necessity review of inpatient
        rehabilitation facilities using any guidelines, such as fiscal
        intermediary Local Coverage Determinations, other than the
        national criteria established in chapter 1, section 110 of the
        Medicare Benefits Policy Manual.
    (b) Retroactive Status as an Inpatient Rehabilitation Facility;
Payments; Expedited Review.--The Secretary shall establish procedures
for--
            (1) making any necessary retroactive adjustment to restore
        the status of a facility as an inpatient rehabilitation
        facility as a result of subsection (a);
            (2) making any necessary payments to inpatient
        rehabilitation facilities based on such adjustment for
        discharges occurring on or after July 1, 2005 and before the
        date of enactment of this Act; and
            (3) developing and implementing an appeals process that
        provides for expedited review of any adjustment to the status
        of a facility as an inpatient rehabilitation facility made
        during the period beginning on July 1, 2005 and ending on the
        date that is 2 years after the date of enactment of this Act.

SEC. 3. NATIONAL ADVISORY COUNCIL ON MEDICAL REHABILITATION.

    (a) Definitions.--In this section:
            (1) Advisory council.--The term ``Advisory Council'' means
        the National Advisory Council on Medical Rehabilitation
        established under subsection (b).
            (2) Appropriate federal agencies.--The term ``appropriate
        Federal agencies'' means--
                    (A) the Agency for Healthcare Research and Quality;
                    (B) the Centers for Medicare & Medicaid Services;
                    (C) the National Institute on Disability and
                Rehabilitation Research; and
                    (D) the National Center for Medical Rehabilitation
                Research.
    (b) Establishment.--Pursuant to section 222 of the Public Health
Service Act (42 U.S.C. 217a), the Secretary shall establish an advisory
panel to be known as the ``National Advisory Council on Medical
Rehabilitation''.
    (c) Membership.--
            (1) Appointment.--The Advisory Council shall be composed of
        17 members, of whom--
                    (A) 9 members shall be appointed by the Secretary,
                in consultation with the medical rehabilitation
                community, from a diversity of backgrounds, including--
                            (i) physicians;
                            (ii) medicare beneficiaries;
                            (iii) representatives of inpatient
                        rehabilitation facilities; and
                            (iv) other practitioners experienced in
                        rehabilitative care; and
                    (B) 8 members, not more than 4 of whom are members
                of the same political party, shall be appointed jointly
                by--
                            (i) the Majority Leader of the Senate;
                            (ii) the Minority Leader of the Senate;
                            (iii) the Speaker of the House of
                        Representatives;
                            (iv) the Minority Leader of the House of
                        Representatives;
                            (v) the Chairman and the Ranking Member of
                        the Committee on Finance of the Senate; and
                            (vi) the Chairman and the Ranking Member of
                        the Committee on Ways and Means of the House of
                        Representatives.
            (2) Date.--Members of the Advisory Council shall be
        appointed not later than 30 days after the date of enactment of
        this Act.
            (3) Period of appointment; vacancies.--Members shall be
        appointed for the life of the Council. A vacancy on the
        Advisory Council shall be filled not later than 30 days after
        the date on which the Advisory Council is given notice of the
        vacancy, in the same manner as the original appointment.
            (4) Meetings.--
                    (A) Initial meeting.--The Advisory Council shall
                conduct an initial meeting not later than 120 days
                after the date of enactment of this Act.
                    (B) Meetings.--The Advisory Council shall conduct
                such meetings as the Council determines to be necessary
                to carry out its duties but shall meet not less
                frequently than 2 times during each calendar year.
    (d) Duties.--The duties of the Advisory Council shall include
providing advice and recommendations to--
            (1) Congress and the Secretary concerning the coverage of
        rehabilitation services under the medicare program, including--
                    (A) policy issues related to rehabilitative
                treatment and reimbursement for rehabilitative care,
                such as issues relating to any rulemaking relating to,
                or impacting, rehabilitation hospitals and units;
                    (B) the appropriate criteria for--
                            (i) determining clinical appropriateness of
                        inpatient rehabilitation facility admissions;
                        and
                            (ii) distinguishing an inpatient
                        rehabilitation facility from an acute care
                        hospital and other providers of intensive
                        medical rehabilitation;
                    (C) the efficacy of inpatient rehabilitation
                services, as opposed to other post-acute inpatient
                settings, through a comparison of quality and cost,
                controlling for patient characteristics (such as
                medical severity and motor and cognitive function) and
                discharge destination;
                    (D) the effect of any medicare regulations on
                access to inpatient rehabilitation care by medicare
                beneficiaries and the clinical effectiveness of care
                available to such beneficiaries in other health care
                settings; and
                    (E) any other topic or issue that the Secretary or
                Congress requests the Advisory Council to provide
                advice and recommendations on; and
            (2) appropriate Federal agencies (as defined in subsection
        (a)) on how to best utilize available research funds and
        authorities focused on medical rehabilitation research,
        including post-acute care site of service and outcomes
        research.
    (e) Periodic Reports.--The Advisory Council shall provide the
Secretary with periodic reports that summarize--
            (1) the Council's activities; and
            (2) any recommendations for legislation or administrative
        action the Council considers to be appropriate.
    (f) Termination.--The Advisory Council shall terminate on September
30, 2010.
    (g) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out the purposes of
this section.
    (h) Effective Date.--This section shall take effect on the date of
enactment of this Act.

Summary: Preserving Patient Access to Inpatient Rehabilitation Hospitals Act of 2005 - Prohibits the Secretary of Health and Human Services, during the period between July 1, 2005, and the date two years after the enactment of this Act, from: (1) requiring a compliance rate, pursuant to the criterion used to determine whether a hospital or hospital unit is an inpatient rehabilitation facility, that is greater than the 50 percent compliance threshold that became effective on July 1, 2004. (2) changing the designation of any inpatient rehabilitation facility in compliance with the 50 percent threshold. Or (3) conducting medical necessity review of inpatient rehabilitation facilities using any guidelines other than the national criteria established in the Medicare Benefits Policy Manual. Directs the Secretary to establish procedures for: (1) making any necessary retroactive adjustment to restore the status of a facility as an inpatient rehabilitation facility as a result of this Act. (2) making any necessary payments to inpatient rehabilitation facilities based on such adjustment for discharges occurring on or after July 1, 2005, and before enactment of this Act. And (3) developing and implementing an appeals process that provides for expedited review of any adjustment to the status of a facility as an inpatient rehabilitation facility made during such period Directs the Secretary to establish the National Advisory Council on Medical Rehabilitation to provide advice and recommendations to: (1) Congress and the Secretary concerning the coverage of rehabilitation services under title XVIII (Medicare) of the Social Security Act. And (2) appropriate federal agencies on how best to utilize available research funds and authorities focused on medical rehabilitation research.

To extend the 50 percent compliance threshold used to determine whether a hospital or unit of a hospital is an inpatient rehabilitation facility and to establish the National Advisory Council on Medical Rehabilitation.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Home-Based Health Services Training
and Employment Act of 2012''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--The Congress finds the following:
            (1) The ``baby boom'' generation will require health care
        attention that will exceed the current supply of health care
        providers.
            (2) There is a shortage of training programs specializing
        in health care and long-term services that focus on home care
        instead of institutionalized care.
            (3) Although the need for home-based health services
        transcends all income levels, the availability of such services
        is more limited for residents of public housing.
            (4) Estimates indicate that there are 44,000,000 caregivers
        in the United States providing unpaid care to at least one
        adult, representing 22,900,000 households.
            (5) Of working persons providing unpaid care, 62 percent
        have had to make adjustments to work schedules or leave
        employment.
            (6) Many low-income families in the United States are
        placed in an untenable position of choosing between work and
        caregiving responsibilities at home.
            (7) Many residents of public housing in the United States
        are aging and in need of care.
            (8) The Department of Housing and Urban Development
        estimates the percentage of households assisted by the
        Department that are elderly households is 35 percent in New
        York, 33 percent in Boston, 35 percent in Chicago, 24 percent
        in Cleveland, 40 percent in Los Angeles, and 20 percent in
        Puerto Rico.
            (9) New service programs are needed to provide home-based
        health services to residents of public housing and to provide
        job training and job placement for persons receiving assistance
        from the Department of Housing and Urban Development needing
        employment.
            (10) The Department of Housing and Urban Development should
        establish a home-based health services pilot program to meet
        the challenges of the increasing number of elderly persons and
        persons with disabilities in public housing, which would
        simultaneously create an opportunity to train job seekers in a
        trade that provides home-based health services.
    (b) Purposes.--The purposes of this Act are--
            (1) to give flexibility to the Department of Housing and
        Urban Development and other entities to establish training
        programs in home-based health services for public housing
        residents; and
            (2) to provide needed home care options to elderly and
        disabled public housing residents (including elderly and
        disabled veterans who are public housing residents) and elderly
        and disabled residents of federally-assisted rental housing to
        allow them to remain in their homes and their communities.

SEC. 3. PILOT GRANT PROGRAM TO TRAIN PUBLIC HOUSING RESIDENTS TO
              PROVIDE COVERED HOME-BASED HEALTH SERVICES.

    Section 34 of the United States Housing Act of 1937 (42 U.S.C.
1437z-6) is amended by adding at the end the following new subsections:
    ``(f) Pilot Grant Program To Train Public Housing Residents To
Provide Covered Home-Based Health Services.--
            ``(1) Establishment of pilot grant program.--The Secretary,
        in consultation with the Secretary of Health and Human
        Services, shall establish a competitive grant program to make
        grants to eligible entities under paragraph (2) for use for the
        training of public housing residents as home health aides and
        as providers of home-based health services (including as
        personal and home care aides) to enable such residents to
        provide covered home-based health services to--
                    ``(A) residents of public housing who are elderly
                or disabled, or both (including elderly and disabled
                veterans who are residents of public housing); and
                    ``(B) subject to the criteria set forth pursuant to
                paragraph (3), residents of federally-assisted rental
                housing who are elderly or disabled, or both.
            ``(2) Eligible entities.--A grant under this subsection may
        be made only to an entity that--
                    ``(A) is a public housing agency or other unit of
                State or local government (including an agency of such
                unit), community health center, home care provider
                organization, faith-based organization, labor
                organization, or other organization determined to be
                qualified by the Secretary; and
                    ``(B) demonstrates to the satisfaction of the
                Secretary that it has established, or provides such
                assurances that it will establish, an employment
                training program to train public housing residents to
                provide covered home-based health services that
                complies with regulations that the Secretary shall
                issue.
            ``(3) Residents of federally-assisted rental housing.--The
        Secretary may set forth criteria under which an entity
        receiving funding under this subsection may train public
        housing residents to provide covered home-based health services
        to elderly and disabled residents of federally-assisted rental
        housing.
            ``(4) Application.--To be eligible for a grant under this
        subsection an eligible entity under paragraph (2) shall submit
        to the Secretary an application at such time, in such manner,
        and containing such information as the Secretary shall require.
            ``(5) Competitive grant awards.--
                    ``(A) General criteria for selection.--The
                Secretary shall establish policies and procedures for
                reviewing and approving funding for eligible entities
                through a competitive process taking into
                consideration--
                            ``(i) with respect to the service area in
                        which public housing residents trained under an
                        employment training program described in
                        paragraph (2)(B) will provide covered home-
                        based health services--
                                    ``(I) the percentage of residents
                                age 62 and older;
                                    ``(II) the percentage of disabled
                                residents; and
                                    ``(III) the percentage of
                                unemployed or underemployed residents;
                            ``(ii) the ability of an eligible entity to
                        provide training that leads to the provision of
                        quality care;
                            ``(iii) the record of the quality of care
                        of an eligible entity; and
                            ``(iv) such other criteria as determined by
                        the Secretary.
                    ``(B) Geographic consideration.--In awarding
                grants, the Secretary shall consider a geographic mix
                of a variety of eligible entities so that the grant
                program will include at least--
                            ``(i) one employment training program
                        described in paragraph (2)(B) that primarily
                        serves an urban population;
                            ``(ii) one employment training program
                        described in paragraph (2)(B) that primarily
                        serves a rural population;
                            ``(iii) one employment training program
                        described in paragraph (2)(B) that primarily
                        serves an Indian population; and
                            ``(iv) one employment training program
                        described in paragraph (2)(B) that primarily
                        serves a population in the Commonwealth of
                        Puerto Rico, the United States Virgin Islands,
                        Guam, American Samoa, or the Commonwealth of
                        the Northern Mariana Islands.
            ``(6) Use of grant funds.--An entity receiving funding
        under this subsection may use such funds--
                    ``(A) to establish (or maintain) and carry-out an
                employment training program to train public housing
                residents to provide covered home-based health care
                services to elderly and disabled public housing
                residents and elderly and disabled residents of
                federally-assisted rental housing;
                    ``(B) for the transportation expenses of public
                housing residents in training under such an employment
                training program;
                    ``(C) for the child care expenses of public housing
                residents in training under such an employment training
                program;
                    ``(D) for the administrative expenses of carrying
                out such an employment training program; and
                    ``(E) for any other activity the Secretary
                determines appropriate.
            ``(7) Report to congress.--Not later than 24 months after
        the date of the enactment of the Home-Based Health Services
        Training and Employment Act of 2012, the Secretary shall submit
        to Congress a report on the use and impact of the grant program
        established by this subsection. The report shall include--
                    ``(A) a review of the effectiveness of the program
                in--
                            ``(i) providing jobs for public housing
                        residents;
                            ``(ii) meeting the unmet health and long-
                        term care needs of elderly and disabled
                        residents of public housing and elderly and
                        disabled residents of federally-assisted rental
                        housing; and
                            ``(iii) enabling the provision of quality
                        care; and
                    ``(B) any recommendations the Secretary determines
                appropriate regarding the grant program.
            ``(8) Definitions.--As used in this subsection, subsection
        (g), and subsection (h):
                    ``(A) Home-based health services.--The term `home-
                based health services' means health care and long-term
                services provided to an individual in a place of
                residence used as such individual's home and includes--
                            ``(i) home health services described in
                        section 1861(m) of the Social Security Act (42
                        U.S.C. 1395x(m));
                            ``(ii) personal care services described in
                        section 1905(a)(24) of such Act (42 U.S.C.
                        1396d(a)(24)); and
                            ``(iii) home-based services which may be
                        covered under a waiver under subsection (c) or
                        (d) of section 1915 of such Act (42 U.S.C.
                        1396n).
                    ``(B) Home health aide.--The term `home health
                aide' has the meaning given the term in section
                1891(a)(3)(E) of the Social Security Act (42 U.S.C.
                1395bbb(a)(3)(E)).
                    ``(C) Covered.--The term `covered' means, with
                respect to home-based health services, such services--
                            ``(i) for which medical assistance is
                        available under a State plan under title XIX of
                        the Social Security Act; or
                            ``(ii) for which financial assistance is
                        available under subsection (g).
                    ``(D) Federally-assisted rental housing.--The term
                `federally-assisted rental housing' means--
                            ``(i) housing assisted under section 202 of
                        the Housing Act of 1959 (12 U.S.C. 1701q);
                            ``(ii) housing assisted under section 515
                        of the Housing Act of 1949 (42 U.S.C. 1485);
                            ``(iii) housing assisted under section 8 of
                        the United States Housing Act of 1937 (42
                        U.S.C. 1437f) (including project-based and
                        tenant-based assistance);
                            ``(iv) housing assisted under the block
                        grant program under the Native American Housing
                        Assistance and Self-Determination Act of 1996
                        (25 U.S.C. 4101 et seq.);
                            ``(v) housing financed by a mortgage
                        insured under section 221(d)(3) of the National
                        Housing Act (12 U.S.C. 1715l(d)(3)) or held by
                        the Secretary, a State, or State agency; and
                            ``(vi) housing assisted under section 811
                        of the Cranston-Gonzalez National Affordable
                        Housing Act (42 U.S.C. 8013).
            ``(9) Inapplicability of previous subsections.--Subsections
        (a) through (e) shall not apply to this subsection, subsection
        (g), and subsection (h).
            ``(10) Rule of construction.--This subsection and
        subsection (g) may not be construed as affecting any
        requirement under State law for training, licensure, or any
        other certification as a home health aide or as a provider of
        any home-based health service under this subsection and
        subsection (g).
            ``(11) Regulations.--Not later than 6 months after the date
        of enactment of the Home-Based Health Services Training and
        Employment Act of 2012, the Secretary shall issue regulations
        to carry out this subsection.
    ``(g) Financial Assistance for Home-Based Health Services in
Certain Jurisdictions.--
            ``(1) Financial assistance.--The Secretary, in consultation
        with the Secretary of Health and Human Services, may provide
        financial assistance under this subsection to entities
        receiving grant funds under the pilot program established under
        subsection (f) that provide training for public housing
        residents as home health aides and as providers of home-based
        health services and provide (or pay for) such services for use
        only for their costs in providing (or paying for) such services
        to--
                    ``(A) residents of public housing who are elderly
                or disabled, or both (including elderly or disabled
                veterans who are residents of public housing); or
                    ``(B) at the discretion of the Secretary, residents
                of federally-assisted rental housing who are elderly or
                disabled, or both.
            ``(2) Requirements.--
                    ``(A) Location.--Assistance under paragraph (1) may
                be provided only for services furnished in locations in
                which medical assistance for home-based health services
                is not available under a State plan under title XIX of
                the Social Security Act.
                    ``(B) Trained public housing residents.--Assistance
                under paragraph (1) may be used only for costs of
                services described in paragraph (1) that are provided
                by public housing residents trained by an entity
                receiving grant funds under the pilot program
                established under subsection (f).
            ``(3) Eligibility.--To be eligible for financial assistance
        under this subsection an entity shall--
                    ``(A) provide such assurances as the Secretary
                shall require that it will use the funds only as
                provided in paragraphs (1) and (2);
                    ``(B) submit to the Secretary an application at
                such time, in such manner, and containing such
                information as the Secretary requires; and
                    ``(C) comply with such other terms and conditions
                as the Secretary shall establish to carry out this
                subsection.
    ``(h) Impact of Income on Eligibility for Housing Benefits.--For
any resident of public housing who is trained as a home health aide or
as a provider of home-based health services pursuant to the program
under subsection (f), any income received by such resident for
providing covered home-based health services shall apply towards
eligibility for benefits under Federal housing programs as follows:
            ``(1) No income received shall apply for the 12 months
        after the completion of the training of such resident.
            ``(2) Twenty-five percent of income received shall apply
        for the period that is 12 to 24 months after the completion of
        the training of such resident.
            ``(3) Fifty percent of income received shall apply for the
        period that is 24 to 36 months after the completion of the
        training of such resident.
            ``(4) One-hundred percent of income received shall apply
        for any period that begins after 36 months after the completion
        of the training of such resident.''.

Summary: Home-Based Health Services Training and Employment Act of 2012 - Amends the United States Housing Act of 1937 to direct the Secretary of Housing and Urban Development (HUD) to establish a pilot program to make grants on a competitive basis to eligible entities for the training of public housing residents as home health aides and providers of home-based health services to enable them to provide covered home-based health services to residents of: (1) public housing who are elderly, disabled, or both. And (2) federally-assisted rental housing who are elderly, disabled, or both, subject to criteria that the Secretary may establish. Authorizes the use of grant funds: (1) to establish or maintain and carry out a program to train public housing residents to provide covered home-based health care services to elderly and disabled public housing residents and to elderly and disabled residents of federally-assisted rental housing, (2) for the transportation and child care expenses of public housing residents in training, and (3) for the administrative expenses of carrying out such a program. Provides that for any resident of public housing who is trained as a home health aide or as a provider of home-based health services under the program, any income received for providing covered home-based health services shall apply towards eligibility for benefits under federal housing programs as specified, based on length of time following completion of the training.

To establish a pilot program to train public housing residents as home health aides and in home-based health services to enable such residents to provide covered home-based health services to residents of public housing and residents of federally-assisted rental housing, who are elderly and disabled, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Second Chance Voting Rights Act of
2006''.

SEC. 2. FINDINGS.

    The Congress makes the following findings:
            (1) The right to vote is the most fundamental act performed
        by citizens in our great representative democracy.
            (2) Citizen participation in local, State, and Federal
        elections is the primary means to assure representation of many
        constituent groups in the political process.
            (3) More than 500,000 Americans who were convicted of
        felony crimes have served their entire sentence and stand free
        and clear of incarceration and parole.
            (4) It is the civic duty of every citizen of the United
        States to vote in any election in order to guarantee full and
        fair representation of all interests.
            (5) Allowing ex-offenders to vote restores them to their
        role as responsible citizens in this great country whose
        greatness is strengthened by the civic rehabilitation and
        participation of all nonvoting citizens.
            (6) The States of Alaska, Arkansas, California, Colorado,
        Georgia, Hawaii, Idaho, Illinois, Indiana, Kansas, Louisiana,
        Maine, Massachusetts, Michigan, Minnesota, Missouri, Montana,
        New Hampshire, New Jersey, New York, North Dakota, Ohio,
        Oregon, Pennsylvania, Rhode Island, South Carolina, South
        Dakota, West Virginia, and Wisconsin, and the District of
        Columbia, restore the right to vote automatically upon the
        completion of sentence, including parole.
            (7) The United States should ensure that the Federal voting
        rights of a person are restored upon the unconditional release
        of that person from prison and the completion of sentence,
        including parole.

SEC. 3. FEDERAL VOTING RIGHTS OF INDIVIDUALS WHO HAVE BEEN CONVICTED OF
              A CRIMINAL OFFENSE.

    (a) In General.--The right of an individual who is a citizen of the
United States to vote in any election for Federal office shall not be
denied or abridged because that individual has been convicted of a
criminal offense.
    (b) Applicability.--Subsection (a) shall apply to an individual
convicted of a criminal offense upon the unconditional release of that
individual from incarceration for that offense and the completion of
sentence for that offense, including parole.

SEC. 4. ENFORCEMENT.

    (a) Attorney General.--The Attorney General may, in a civil action,
obtain such declaratory or injunctive relief as is necessary to remedy
a violation of this Act.
    (b) Private Right of Action.--
            (1) A person who is aggrieved by a violation of this Act
        may provide written notice of the violation to the chief
        election official of the State involved.
            (2) Except as provided in paragraph (3), if the violation
        is not corrected within 90 days after receipt of a notice under
        paragraph (1), or within 20 days after receipt of the notice if
        the violation occurred within 120 days before the date of an
        election for Federal office, the aggrieved person may, in a
        civil action obtain declaratory or injunctive relief with
        respect to the violation.
            (3) If the violation occurred within 30 days before the
        date of an election for Federal office, the aggrieved person
        need not provide notice to the chief election official of the
        State under paragraph (1) before bringing a civil action to
        obtain declaratory or injunctive relief with respect to the
        violation.

SEC. 5. DEFINITIONS.

    For purposes of this Act--
            (1) the term ``election'' means--
                    (A) a general, special, primary, or runoff
                election;
                    (B) a convention or caucus of a political party
                held to nominate a candidate;
                    (C) a primary election held for the selection of
                delegates to a national nominating convention of a
                political party; or
                    (D) a primary election held for the expression of a
                preference for the nomination of persons for election
                to the office of President; and
            (2) the term ``Federal office'' means the office of
        President or Vice President of the United States, or of Senator
        or Representative in, or Delegate or Resident Commissioner to,
        the Congress of the United States.

SEC. 6. RELATION TO OTHER LAWS.

    (a) State Laws.--Nothing in this Act shall be construed to prohibit
the States enacting any State law which affords the right to vote in
any election for Federal office on terms less restrictive than those
established by this Act.
    (b) Federal Laws.--The rights and remedies established by this Act
are in addition to all other rights and remedies provided by law, and
neither rights and remedies established by this Act shall supersede,
restrict, or limit the application of the Voting Rights Act of 1965 (42
U.S.C. 1973 et seq.) or the National Voter Registration Act (42 U.S.C.
1973-gg).

Summary: Second Chance Voting Rights Act of 2006 - Declares that the right of a US citizen to vote in any election for federal office shall not be denied or abridged because that individual has been convicted of a criminal offense. Applies this Act to a convicted individual upon his or her unconditional release from incarceration and completion of his or her sentence, including parole. Provides for enforcement of, and remedies for, violations of this Act. Prohibits construing this Act to prohibit states from affording the right to vote in any federal election on less restrictive terms.

To secure the Federal voting rights of a person upon the unconditional release of that person from prison and the completion of sentence, including parole.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Accuracy in Medicare Physician
Payment Act of 2013''.

SEC. 2. EXPERT ADVISORY PANEL REGARDING RELATIVE VALUE SCALE PROCESS
              USED IN MEDICARE PHYSICIAN FEE SCHEDULE.

    Section 1848(c)(2) of the Social Security Act (42 U.S.C.
1395m(c)(2)) is amended by adding at the end the following new
subparagraph:
                    ``(M) Use of expert advisory panel regarding
                relative value scale process used.--
                            ``(i) In general.--For purposes of
                        providing oversight to the processes (including
                        the process described in subparagraph (K))
                        relating to valuation of physicians' services,
                        not later than 90 days after the date of the
                        enactment of this subparagraph, the Secretary
                        shall establish and appoint an expert outside
                        advisory panel (in this subparagraph referred
                        to as the `panel').
                            ``(ii) Composition of panel.--The panel
                        shall be composed of individuals with expertise
                        in the valuation of physicians' services, such
                        as individuals who are medical directors for
                        carriers, experts in medical economics and
                        technology diffusion, and private payer plan
                        representatives, and shall include a mix of
                        physicians in different specialty areas,
                        particularly physicians who are not directly
                        affected by changes in the valuation of
                        physicians' services under this section (such
                        as retired physicians and physicians who are
                        employed by managed care organizations or
                        academic medical centers), as well as
                        representatives of individuals enrolled under
                        this part.
                            ``(iii) Duties.--
                                    ``(I) In general.--The panel shall
                                provide oversight to the processes of
                                identifying, reviewing, and adjusting
                                valuations for physicians' services
                                under this section, including
                                activities described in the succeeding
                                provisions of this clause.
                                    ``(II) Establishment of screens.--
                                The panel may establish screens (in
                                addition to the screens identified
                                under subparagraph (K)(ii)) and other
                                means for identifying physicians'
                                services for which there are
                                potentially misvalued codes for review,
                                such as services that have experienced
                                substantial changes in length of stay,
                                site of service, volume, practice
                                expense, and other factors that may
                                indicate changes in physician work.
                                    ``(III) Data collection.--The panel
                                may collect data and develop supporting
                                evidence relating to the valuation of
                                physicians' services.
                                    ``(IV) Surveys.--The panel may
                                conduct surveys of suppliers of
                                physicians' services and may conduct
                                time and motion studies relating to
                                such valuations.
                                    ``(V) Transmitting codes for review
                                and recommendations.--The panel may
                                transmit with supporting evidence codes
                                for review and recommendations through
                                the means described in subparagraphs
                                (I) through (III) of subparagraph
                                (K)(iii).
                                    ``(VI) Evaluation of
                                recommendations submitted.--The panel
                                shall evaluate any recommendations
                                submitted through such means (whether
                                pursuant to the solicitation under
                                subclause (V) or otherwise) and report
                                to the Secretary on such evaluation.
                        The panel's activities under subclauses (III)
                        and (IV) may be conducted directly or through
                        contracts with appropriate, qualified entities.
                            ``(iv) Application of faca.--The Federal
                        Advisory Committee Act (5 U.S.C. App.) shall
                        apply to the panel, except that section 14 of
                        such Act shall not apply.
                            ``(v) Funding.--The Secretary shall provide
                        for the transfer of not to exceed $10,000,000
                        for each fiscal year (beginning with fiscal
                        year 2014) from the Federal Medical
                        Supplementary Medical Insurance Trust Fund
                        established in section 1841 to the Center for
                        Medicare & Medicaid Services Program Management
                        Account to carry out this subparagraph,
                        including for the management and staffing of
                        the panel and the conduct of activities
                        described in clause (iii).''.

Summary: Accuracy in Medicare Physician Payment Act of 2013 - Amends title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services (HHS) to establish and appoint an expert outside advisory panel for purposes of providing oversight to the processes relating to valuation of physicians' services.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``No Child Left Behind Reform Act''.

SEC. 2. ADEQUATE YEARLY PROGRESS.

    (a) Definition of Adequate Yearly Progress.--Section 1111(b)(2) of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
6311(b)(2)) is amended--
            (1) in subparagraph (C)(vii)--
                    (A) by striking ``such as'';
                    (B) by inserting ``such as measures of individual
                or cohort growth over time based on the academic
                assessments implemented in accordance with paragraph
                (3),'' after ``described in clause (v),''; and
                    (C) by striking ``attendance rates,''; and
            (2) in subparagraph (D)--
                    (A) by striking clause (ii);
                    (B) by striking ``the State'' and all that follows
                through ``ensure'' and inserting ``the State shall
                ensure''; and
                    (C) by striking ``; and'' and inserting a period.
    (b) Academic Assessment and Local Educational Agency and School
Improvement.--Section 1116(a)(1)(B) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6316(a)(1)(B)) is amended by striking
``, except that'' and all that follows through ``action or
restructuring''.

SEC. 3. GRANTS FOR INCREASING DATA CAPACITY FOR PURPOSES OF AYP.

    Part A of title I of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6311 et seq.) is amended by adding at the end the
following:

``SEC. 1120C. GRANTS FOR INCREASING DATA CAPACITY FOR PURPOSES OF AYP.

    ``(a) Grant Authority.--The Secretary may award grants, on a
competitive basis, to State educational agencies to enable the State
educational agencies to develop or increase the capacity of data
systems for accountability purposes and award subgrants to increase the
capacity of local educational agencies to upgrade, create, or manage
information databases for the purpose of measuring adequate yearly
progress.
    ``(b) Priority.--In awarding grants under this section, the
Secretary shall give priority to State educational agencies that have
created, or are in the process of creating, a growth model or
proficiency index as part of their adequate yearly progress
determination.
    ``(c) State Use of Funds.--Each State that receives a grant under
this section shall use--
            ``(1) not more than 20 percent of the grant funds for the
        purpose of increasing the capacity of, or creating, State
        databases to collect information related to adequate yearly
        progress; and
            ``(2) not less than 80 percent of the grant funds to award
        subgrants to local educational agencies within the State to
        enable the local educational agencies to carry out the
        authorized activities described in subsection (d).
    ``(d) Authorized Activities.--Each local educational agency that
receives a subgrant under this section shall use the subgrant funds to
increase the capacity of the local educational agency to upgrade
databases or create unique student identifiers for the purpose of
measuring adequate yearly progress, by--
            ``(1) purchasing database software or hardware;
            ``(2) hiring additional staff for the purpose of managing
        such data;
            ``(3) providing professional development or additional
        training for such staff; and
            ``(4) providing professional development or training for
        principals and teachers on how to effectively use such data to
        implement instructional strategies to improve student
        achievement.
    ``(e) State Application.--Each State educational agency desiring a
grant under this section shall submit an application to the Secretary
at such time, in such manner, and containing such information as the
Secretary may require.
    ``(f) LEA Application.--Each local educational agency desiring a
subgrant under this section shall submit an application to the State
educational agency at such time, in such manner, and containing such
information as the State educational agency may require. Each such
application shall include, at a minimum, a demonstration of the local
educational agency's ability to put such a database in place.
    ``(g) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $80,000,000 for each of fiscal
years 2005, 2006, and 2007.''.

SEC. 4. TARGETING TRANSFER OPTIONS AND SUPPLEMENTAL SERVICES.

    (a) Targeting Transfer Options and Supplemental Services.--Section
1116 of the Elementary and Secondary Education Act of 1965 (20 U.S.C.
6316) is amended--
            (1) in paragraphs (1)(E)(i), (5)(A), (7)(C)(i), and
        (8)(A)(i) of subsection (b), by striking the term ``all
        students enrolled in the school'' each place such term appears
        and inserting ``all students enrolled in the school, who are
        members of a group described in section 1111(b)(2)(C)(v) that
        fails to make adequate yearly progress as defined in the
        State's plan under section 1111(b)(2),'';
            (2) in subsection (b)(1), by adding at the end the
        following:
                    ``(G) Maintenance of least restrictive
                environment.--A student who is eligible to receive
                services under the Individuals with Disabilities
                Education Act and who uses the option to transfer under
                subparagraph (E), paragraph (5)(A), (7)(C)(i), or
                (8)(A)(i), or subsection (c)(10)(C)(vii), shall be
                placed and served in the least restrictive environment
                appropriate, in accordance with the Individuals with
                Disabilities Education Act.'';
            (3) in clause (vii) of subsection (c)(10)(C), by inserting
        ``, who are members of a group described in section
        1111(b)(2)(C)(v) that fails to make adequate yearly progress as
        defined in the State's plan under section 1111(b)(2),'' after
        ``Authorizing students''; and
            (4) in subparagraph (A) of subsection (e)(12), by inserting
        ``, who is a member of a group described in section
        1111(b)(2)(C)(v) that fails to make adequate yearly progress as
        defined in the State's plan under section 1111(b)(2)'' after
        ``under section 1113(c)(1)''.
    (b) Student Already Transferred.--A student who transfers to
another public school pursuant to section 1116(b) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6316(b)) before the
effective date of this section and the amendments made by this section,
may continue enrollment in such public school after the effective date
of this section and the amendments made by this section.
    (c) Effective Date.--This section and the amendments made by this
section shall be effective for each fiscal year for which the amount
appropriated to carry out title I of the Elementary and Secondary
Education Act of 1965 for the fiscal year, is less than the amount
authorized to be appropriated to carry out such title for the fiscal
year.

SEC. 5. DEFINITION OF HIGHLY QUALIFIED TEACHERS.

    Section 9101(23)(B)(ii) of the Elementary and Secondary Act of 1965
(20 U.S.C. 7801(23)(B)(ii)) is amended--
            (1) in subclause (I), by striking ``or'' after the
        semicolon;
            (2) in subclause (II), by striking ``and'' after the
        semicolon; and
            (3) by adding at the end the following:
                                    ``(III) in the case of a middle
                                school teacher, passing a State
                                approved middle school generalist exam
                                when the teacher receives the teacher's
                                license to teach middle school in the
                                State;
                                    ``(IV) obtaining a State social
                                studies certificate that qualifies the
                                teacher to teach history, geography,
                                economics, and civics in middle or
                                secondary schools, respectively, in the
                                State; or
                                    ``(V) obtaining a State science
                                certificate that qualifies the teacher
                                to teach earth science, biology,
                                chemistry, and physics in middle or
                                secondary schools, respectively, in the
                                State; and''.

Summary: No Child Left Behind Reform Act - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to revise certain requirements which were added by the No Child Left Behind Act of 2001, including ones relating to: (1) adequate yearly progress (AYP), (2) academic assessment and local educational agency and school improvement, (3) school choice and supplemental services options. And (4) teacher qualifications. Allows schools to be given credit for performing well on measures other than test scores when calculating student achievement. Authorizes the Secretary of Education to award competitive grants to State educational agencies to: (1) develop or increase the capacity of data systems for accountability purposes. And (2) subgrants to increase the capacity of local educational agencies to upgrade, create, or manage information databases for the purpose of measuring AYP. Allows schools to target school choice and supplemental services to the students who are members of specified types of groups that fail to make AYP. Requires placement and service in the least restrictive environment for students who receive services under the Individuals With Disabilities Education Act who use an option to transfer under ESEA. Revises the definition of highly qualified teacher to authorize States to: (1) use a generalist exam for middle school teachers. And (2) issue certificates that qualify teachers to teach a number of subjects in social studies or in science.

To improve the No Child Left Behind Act of 2001, and for other purposes.