SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Equal Access to Quality Education
Act of 2011''.

SEC. 2. EQUAL ACCESS TO QUALITY EDUCATION GRANT PROGRAM.

    (a) In General.--The Secretary of Education shall make grants on a
competitive basis to eligible partnerships in high-need areas to
develop and strengthen high-quality pathways for the teaching and
education leadership professions, to create professional induction
programs for the teaching profession, and to provide a stable and
collaborative learning environment for educators and students.
    (b) Purposes.--The purposes of the grant program established under
this section shall be to--
            (1) increase the percentage of highly qualified teachers in
        a State, including teachers from under-represented minority
        groups;
            (2) close the achievement gap for students within subgroups
        that are not showing expected performance;
            (3) decrease shortages of highly qualified teachers in poor
        urban and rural areas;
            (4) decrease high turnover rates for educators in high-need
        schools;
            (5) increase the number of highly qualified teachers in
        shortage areas, including special education, bilingual
        education, and education for English language learners, and in
        science, mathematics, engineering, and technology;
            (6) increase opportunities for enhanced and ongoing
        professional development that--
                    (A) improves the academic content knowledge of
                teachers in the subject areas in which teachers are
                certified or licensed to teach or in which the teachers
                are working toward certification or licensure to teach;
                    (B) promotes strong teaching skills, including
                instructional strategies that address diverse needs,
                the use of data to inform instruction, and strategies
                to improve student achievement; and
                    (C) provides time for teachers to share their
                knowledge and innovation; and
            (7) provide all educators with the knowledge base and
        professional skills to meet the needs of diverse learners,
        including English language learners and students with
        disabilities.
    (c) Use of Funds.--
            (1) Required uses.--A partnership that receives a grant
        under this section shall use the funds to--
                    (A) establish or support a teacher preparation
                program that--
                            (i) requires participants in the program to
                        complete at least one year of residency at a
                        high-need school in the local educational
                        agency participating in the eligible
                        partnership;
                            (ii) requires participants in the program
                        to teach in a high-need school in such local
                        educational agency for at least 3 years after
                        completing residency; and
                            (iii) awards a teaching credential, an
                        undergraduate degree, or a Masters degree that
                        meets State requirements for a teaching license
                        or certification upon completion of the
                        program;
                    (B) establish or support a teacher induction and
                retention program that--
                            (i) provides high-quality professional
                        development to teachers to assist them in
                        improving their knowledge, skills, and teaching
                        practices in order to help students to improve
                        their achievement and meet State academic
                        standards;
                            (ii) provides teachers with updated
                        information on developments in curricula,
                        assessments, and educational research,
                        including the manner in which the research and
                        data can be used to improve teaching skills and
                        practice;
                            (iii) provides a mentor teacher and other
                        support for new teachers; and
                            (iv) provides leadership opportunities for
                        teachers, including access to career ladders
                        and roles as curriculum and instructional
                        leaders, mentors, and coaches; and
                    (C) otherwise fulfill the purposes described in
                subsection (b).
            (2) Authorized uses.--In addition to the activities
        described in paragraph (1), a partnership that receives a grant
        under this section may use the funds for any of the following:
                    (A) Providing support to each mentor teacher
                working with new teachers.
                    (B) Providing preparation in effective, evidence-
                based instructional assessment practices and classroom
                management strategies for general education teachers
                serving students with disabilities and students with
                limited English proficiency.
                    (C) Enabling teachers to engage in study groups,
                professional learning communities, and other
                collaborative activities and collegial interactions
                regarding instruction assessment.
                    (D) Paying for release time and substitute teachers
                in order to enable teachers to participate in
                professional development and mentoring activities.
                    (E) Creating libraries of professional material,
                catalogues of expert instruction, and education
                technology.
                    (F) Providing high-quality professional development
                for other instructional staff, such as
                paraprofessionals, librarians, and counselors.
                    (G) Developing partnerships with businesses and
                community-based organizations.
                    (H) Providing tuition assistance, scholarships, or
                student loan repayment to teachers.
                    (I) Providing stipends to participants in the
                teacher preparation program under paragraph (1)(A).
                    (J) Providing support for home visitation,
                parenting education, and family engagement, especially
                for parents who have limited English proficiency.
    (d) Priority.--In awarding grants under this section, the Secretary
shall give priority to eligible partnerships that--
            (1) demonstrate a plan to recruit teachers from among
        minority and local candidates and from individuals with
        disabilities;
            (2) demonstrate the use of a valid and reliable teacher
        performance assessment; or
            (3) include--
                    (A) an institution of higher education that is an
                ``eligible institution'' for purposes of the TEACH
                Grant program under subpart 9 of part A of title IV of
                the Higher Education Act of 1965 (20 U.S.C. 1070g et
                seq.);
                    (B) a Tribal College or University, as defined in
                section 316(b)(3) of such Act (20 U.S.C. 1059c(b)(3));
                    (C) an Asian American and Native American Pacific
                Islander-serving institution, as defined in section
                320(a) of such Act (20 U.S.C. 1059g(a));
                    (D) a Hispanic-serving institution, as defined in
                section 502(a)(5) of such Act (20 U.S.C. 1101a(a)(5));
                or
                    (E) a historically Black college and university, as
                defined in section 631(a)(5) of such Act (20 U.S.C.
                1132(a)).
    (e) Matching Requirements.--
            (1) Federal share.--The Federal share of the cost of any
        activities funded by a grant received under this section shall
        not exceed 75 percent.
            (2) Payment of non-federal share.--The non-Federal share
        may be paid in cash or in kind, fairly evaluated, including
        services.
    (f) Definitions.--In this section:
            (1) Eligible partnership.--The term ``eligible
        partnership'' means a partnership--
                    (A) between a high-need local educational agency
                and an institution of higher education; and
                    (B) that may include a teacher organization or a
                nonprofit educational organization.
            (2) Family engagement.--The term ``family engagement''
        means a shared responsibility of families and schools for
        student success, in which schools and community-based
        organizations are committed to reaching out to engage families,
        especially parents of non-Native English speakers, in
        meaningful ways that encourage the families to actively support
        their children's learning and development, as well as the
        learning and development of other children. The shared
        responsibility is continuous from birth through young adulthood
        and reinforces learning that takes place in the home, school,
        and community.
            (3) High-need local educational agency.--The term ``high-
        need local educational agency'' means a local educational
        agency--
                    (A)(i) that serves not fewer than 10,000 low-income
                children;
                    (ii) for which not less than 20 percent of the
                children served by the agency are low-income children;
                or
                    (iii) that has a percentage of low-income children
                that is above the highest quartile among such agencies
                in the State; and
                    (B)(i) for which one or more schools served by the
                agency has a high percentage of teachers who are not
                highly qualified; or
                    (ii) for which one or more schools served by the
                agency has a high teacher turnover rate.
            (4) Highly qualified.--The term ``highly qualified'' has
        the meaning given the term in section 9101(23) of the
        Elementary and Secondary Education Act (20 U.S.C. 7801(23)).
        The definition given the term ``highly qualified teacher'' in
        section 163 of Public Law 111-242 shall not apply with respect
        to this section.
            (5) Institution of higher education.--The term
        ``institution of higher education'' has the meaning given the
        term in section 102 of the Higher Education Act of 1965.
            (6) Low-income children.--The term ``low-income children''
        means--
                    (A) children from families with incomes below the
                poverty line (as defined by the Office of Management
                and Budget and revised annually in accordance with
                section 673(2) of the Omnibus Budget Reconciliation Act
                of 1981) applicable to a family of the size involved;
                or
                    (B) children who are eligible for free or reduced
                price lunches under the Richard B. Russell National
                School Lunch Act.
            (7) Mentor teacher.--The term ``mentor teacher'' means a
        teacher who--
                    (A) is highly qualified;
                    (B) has a minimum of 3 years of teaching
                experience; and
                    (C) is recommended by the principal and other
                current master and mentor teachers on the basis of--
                            (i) instructional excellence through
                        observations and other evidence of classroom
                        practice, including standards-based
                        evaluations, such as certification by the
                        National Board for Professional Teaching
                        Standards;
                            (ii) an ability, as demonstrated by
                        evidence of student learning in high-need
                        schools, to increase student learning; and
                            (iii) excellent instruction and
                        communication with an understanding of how to
                        facilitate growth in other teachers, including
                        new teachers.
            (8) Teacher performance assessment.--The term ``teacher
        performance assessment'' means a program, based on State or
        national professional teaching standards, that will measure
        teachers' curriculum planning, instruction, and assessment of
        students, including appropriate plans and adaptations for
        English language learners and students with disabilities, and
        multiple sources of evidence about student learning. Such
        assessment will be validated against professional assessment
        standards and reliably scored by trained external evaluators
        with appropriate auditing of scoring to ensure consistency.
            (9) Teaching credential.--The term ``teaching credential''
        means a program of instruction for individuals who have
        completed a baccalaureate degree, that does not lead to a
        graduate degree, and that consists of courses required by a
        State for a teacher candidate to receive a professional
        certification or license that is required for employment as a
        teacher in an elementary school or secondary school in that
        State.

Summary: Equal Access to Quality Education Act of 2011 - Directs the Secretary of Education to award competitive matching grants to partnerships between high-need local educational agencies (LEAs) and institutions of higher education (IHEs) to: (1) establish or support teacher preparation programs, and (2) establish or support teacher induction and retention programs. Requires the teacher preparation programs to: (1) require participants to complete at least one year of residency followed by at least three years of teaching at the LEA's high-need schools, and (2) award participants a teaching credential or degree that meets state requirements for a teaching license or certification upon their completion of the program. Requires the teacher induction and retention programs to provide teachers with: (1) high-quality professional development. (2) updated information on developments in curricula, assessments, and educational research. (3) a mentor teacher and other support if they are new teachers. And (4) leadership opportunities. Allows the grants to be used for certain other activities designed to improve the quality of education in high-need areas. Gives grant priority to partnerships that: (1) have a plan to recruit teachers from among minority and local candidates and the disabled, (2) use a valid and reliable teacher performance assessment. Or (3) include an IHE eligible to participate in the TEACH Grant program, a Tribal College or University, an Asian American and Native American Pacific Islander-serving institution, an Hispanic-serving institution, or an historically Black college and university.

To establish a grant program to ensure that students in high-need schools have equal access to a quality education delivered by an effective, diverse workforce.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Deter Cyber Theft Act''.

SEC. 2. ACTIONS TO ADDRESS FOREIGN ECONOMIC OR INDUSTRIAL ESPIONAGE IN
              CYBERSPACE.

    (a) Report Required.--
            (1) In general.--Not later than 180 days after the date of
        the enactment of this Act, and annually thereafter, the
        Director of National Intelligence shall submit to the
        appropriate congressional committees a report on foreign
        economic and industrial espionage in cyberspace during the 12-
        month period preceding the submission of the report that--
                    (A) identifies--
                            (i) foreign countries that engage in
                        economic or industrial espionage in cyberspace
                        with respect to trade secrets or proprietary
                        information owned by United States persons;
                            (ii) foreign countries identified under
                        clause (i) that the Director determines engage
                        in the most egregious economic or industrial
                        espionage in cyberspace with respect to such
                        trade secrets or proprietary information (in
                        this section referred to as ``priority foreign
                        countries'');
                            (iii) technologies or proprietary
                        information developed by United States persons
                        that--
                                    (I) are targeted for economic or
                                industrial espionage in cyberspace; and
                                    (II) to the extent practicable,
                                have been appropriated through such
                                espionage;
                            (iv) articles manufactured or otherwise
                        produced using technologies or proprietary
                        information described in clause (iii)(II);
                            (v) services provided using such
                        technologies or proprietary information; and
                            (vi) foreign entities, including entities
                        owned or controlled by the government of a
                        foreign country, that request, engage in,
                        support, facilitate, or benefit from the
                        appropriation through economic or industrial
                        espionage in cyberspace of technologies or
                        proprietary information developed by United
                        States persons;
                    (B) describes the economic or industrial espionage
                engaged in by the foreign countries identified under
                clauses (i) and (ii) of subparagraph (A); and
                    (C) describes--
                            (i) actions taken by the Director and other
                        Federal agencies to decrease the prevalence of
                        economic or industrial espionage in cyberspace;
                        and
                            (ii) the progress made in decreasing the
                        prevalence of such espionage.
            (2) Determination of foreign countries engaging in economic
        or industrial espionage in cyberspace.--For purposes of clauses
        (i) and (ii) of paragraph (1)(A), the Director shall identify a
        foreign country as a foreign country that engages in economic
        or industrial espionage in cyberspace with respect to trade
        secrets or proprietary information owned by United States
        persons if the government of the foreign country--
                    (A) engages in economic or industrial espionage in
                cyberspace with respect to trade secrets or proprietary
                information owned by United States persons; or
                    (B) facilitates, supports, fails to prosecute, or
                otherwise permits such espionage by--
                            (i) individuals who are citizens or
                        residents of the foreign country; or
                            (ii) entities that are organized under the
                        laws of the foreign country or are otherwise
                        subject to the jurisdiction of the government
                        of the foreign country.
            (3) Prioritization of collection and analysis of
        information.--The President shall direct the Director to make
        it a priority for the intelligence community to collect and
        analyze information in order to identify articles described in
        clause (iv) of paragraph (1)(A), services described in clause
        (v) of that paragraph, and entities described in clause (vi) of
        that paragraph.
            (4) Form of report.--Each report required by paragraph (1)
        shall be submitted in unclassified form but may contain a
        classified annex.
    (b) Action by President.--
            (1) In general.--Not later than 120 days after each report
        required by subsection (a)(1) is submitted, the President shall
        direct U.S. Customs and Border Protection to exclude from entry
        into the United States an article described in paragraph (2) if
        the President determines the exclusion of the article is
        warranted--
                    (A) for the enforcement of intellectual property
                rights; or
                    (B) to protect the integrity of the Department of
                Defense supply chain.
            (2) Article described.--An article described in this
        paragraph is an article--
                    (A) identified under subsection (a)(1)(A)(iv);
                    (B) produced or exported by an entity that--
                            (i) is owned or controlled by the
                        government of a priority foreign country; and
                            (ii) produces or exports articles that are
                        the same as or similar to articles manufactured
                        or otherwise produced using technologies or
                        proprietary information identified under
                        subsection (a)(1)(A)(iii); or
                    (C) produced or exported by an entity identified
                under subsection (a)(1)(A)(vi).
    (c) Consistency With International Agreements.--This section shall
be applied in a manner that is consistent with the obligations of the
United States under international agreements.
    (d) Definitions.--In this section:
            (1) Appropriate congressional committees.--The term
        ``appropriate congressional committees'' means--
                    (A) the Committee on Armed Services, the Committee
                on Homeland Security and Governmental Affairs, the
                Committee on Finance, the Committee on Foreign
                Relations, and the Select Committee on Intelligence of
                the Senate; and
                    (B) the Committee on Armed Services, the Committee
                on Homeland Security, the Committee on Foreign Affairs,
                the Committee on Ways and Means, and the Permanent
                Select Committee on Intelligence of the House of
                Representatives.
            (2) Cyberspace.--The term ``cyberspace''--
                    (A) means the interdependent network of information
                technology infrastructures; and
                    (B) includes the Internet, telecommunications
                networks, computer systems, and embedded processors and
                controllers.
            (3) Economic or industrial espionage.--The term ``economic
        or industrial espionage'' means--
                    (A) stealing a trade secret or proprietary
                information or appropriating, taking, carrying away, or
                concealing, or by fraud, artifice, or deception
                obtaining, a trade secret or proprietary information
                without the authorization of the owner of the trade
                secret or proprietary information;
                    (B) copying, duplicating, downloading, uploading,
                destroying, transmitting, delivering, sending,
                communicating, or conveying a trade secret or
                proprietary information without the authorization of
                the owner of the trade secret or proprietary
                information; or
                    (C) knowingly receiving, buying, or possessing a
                trade secret or proprietary information that has been
                stolen or appropriated, obtained, or converted without
                the authorization of the owner of the trade secret or
                proprietary information.
            (4) Intelligence community.--The term ``intelligence
        community'' has the meaning given that term in section 3(4) of
        the National Security Act of 1947 (50 U.S.C. 401a(4)).
            (5) Own.--The term ``own'', with respect to a trade secret
        or proprietary information, means to hold rightful legal or
        equitable title to, or license in, the trade secret or
        proprietary information.
            (6) Person.--The term ``person'' means an individual or
        entity.
            (7) Proprietary information.--The term ``proprietary
        information'' means competitive bid preparations, negotiating
        strategies, executive emails, internal financial data,
        strategic business plans, technical designs, manufacturing
        processes, source code, data derived from research and
        development investments, and other commercially valuable
        information that a person has developed or obtained if--
                    (A) the person has taken reasonable measures to
                keep the information confidential; and
                    (B) the information is not generally known or
                readily ascertainable through proper means by the
                public.
            (8) Technology.--The term ``technology'' has the meaning
        given that term in section 16 of the Export Administration Act
        of 1979 (50 U.S.C. App. 2415) (as in effect pursuant to the
        International Emergency Economic Powers Act (50 U.S.C. 1701 et
        seq.)).
            (9) Trade secret.--The term ``trade secret'' has the
        meaning given that term in section 1839 of title 18, United
        States Code.
            (10) United states person.--The term ``United States
        person'' means--
                    (A) an individual who is a citizen of the United
                States or an alien lawfully admitted for permanent
                residence to the United States; or
                    (B) an entity organized under the laws of the
                United States or any jurisdiction within the United
                States.

Summary: Deter Cyber Theft Act - Requires the Director of National Intelligence (DNI) to annually report to specified congressional committees on foreign countries that engage in economic and industrial espionage in cyberspace with respect to US trade secrets or proprietary information. Requires each report to identify countries that engage in such espionage as well as countries that engage in the most egregious forms of such espionage. Directs the President to exclude from entry into the United States any article produced or exported by an entity identified within any such report, as long as the President determines that such exclusion is warranted for the enforcement of intellectual property rights or to protect the integrity of the Department of Defense (DOD) supply chain.

Deter Cyber Theft Act


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Canine Members of the Armed Forces
Act''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) Each of the Armed Forces and other Government agencies,
        including the Secret Service, the Central Intelligence Agency,
        and the Transportation Security Administration, use military
        working dogs (MWDs) in service to the country.
            (2) Since September 11, 2011, military working dogs have
        served in Iraq and Afghanistan and have been trained in
        explosive detection, narcotic detection, sentry, patrol,
        tracking, and other specific duties.
            (3) Military working dogs, through their training, have
        prevented injuries and saved the lives of thousands of United
        States citizens.
            (4) Military working dogs perform critical and varied roles
        that go far beyond their current designation as ``equipment.''

SEC. 3. RETIREMENT AND ADOPTION OF MILITARY WORKING DOGS.

    (a) Retirement and Reclassification of Military Working Dogs.--
Section 2583 of title 10, United States Code, is amended--
            (1) by redesignating subsections (f) and (g) as subsections
        (h) and (i), respectively; and
            (2) by inserting after subsection (e) the following new
        subsections:
    ``(f) Classification of Military Working Dogs.--The Secretary of
Defense shall classify military working dogs as canine members of the
armed forces. Such dogs shall not be classified as equipment.
    ``(g) Transfer of Retired Military Working Dogs.--If the Secretary
of the military department concerned determines that a military working
dog should be retired, and no suitable adoption is available at the
military facility where the dog is located, the Secretary may transfer
the dog--
            ``(1) to the 341st Training Squadron; or
            ``(2) to another location for adoption under this
        section.''.
    (b) Acceptance of Frequent Traveler Miles.--Section 2613(d) of such
title is amended--
            (1) in paragraph (1)(B), by striking ``; or'' and inserting
        a semicolon;
            (2) in paragraph (2), by striking the period at the end and
        inserting ``; or''; and
            (3) by adding at the end the following new paragraph:
            ``(3) facilitating the adoption of a military working dog
        under section 2583 of this title.''.

SEC. 4. VETERINARY CARE FOR RETIRED MILITARY WORKING DOGS.

    (a) Veterinary Care.--
            (1) In general.--Chapter 50 of title 10, United States
        Code, is amended by adding at the end the following new
        section:
``Sec. 993. Military working dogs: veterinary care for retired military
              working dogs
    ``(a) In General.--The Secretary of Defense shall establish and
maintain a system to provide for the veterinary care of retired
military working dogs.
    ``(b) Eligible Dogs.--(1) A retired military working dog eligible
for veterinary care under this section is any military working dog
adopted under section 2583 of this title.
    ``(2) The veterinary care provided a military working dog under
this section shall be provided during the life of the dog beginning on
the date on which the dog is adopted under such section 2583.
    ``(c) Administration.--(1) The Secretary shall administer the
system required by this section under a contract awarded by the
Secretary for that purpose.
    ``(2)(A) The contract under this subsection shall be awarded to a
private non-profit entity selected by the Secretary from among such
entities submitting an application therefor that have such experience
and expertise as the Secretary considers appropriate for purposes of
this subsection.
    ``(B) An entity seeking the award of a contract under this
subsection shall submit to the Secretary an application therefor in
such form, and containing such information, as the Secretary shall
require.
    ``(3) The term of any contract under this subsection shall be such
duration as the Secretary shall specify.
    ``(d) Standards of Care.--(1) The veterinary care provided under
the system required by this section shall meet such standards as the
Secretary shall establish and from time to time update.
    ``(2) The standards required by this subsection shall include the
following:
            ``(A) Provisions regarding the types of care to be provided
        to retired military working dogs.
            ``(B) Provisions regarding the entities (including private
        veterinarians and entities) qualified to provide the care.
            ``(C) Provisions regarding the facilities, including
        military installations, government facilities, and private
        facilities, in which the care may be provided.
            ``(D) A requirement that complete histories be maintained
        on the health and use in research of retired military working
        dogs.
            ``(E) Such other matters as the Secretary considers
        appropriate.
    ``(3) The Secretary shall consult with the board of directors of
the non-profit private entity awarded the contract under subsection (c)
in establishing and updating standards of care under this subsection.
    ``(e) Coverage of Costs.--(1) Except as provided in paragraph (2),
any costs of operation and administration of the system required by
this section, and of any veterinary care provided under the system,
shall be covered by such combination of the following as the Secretary
and the non-profit entity awarded the contract under subsection (c)
jointly consider appropriate:
            ``(A) Contributions from the non-profit entity.
            ``(B) Payments for such care by owners or guardians of the
        retired military working dogs receiving such care.
            ``(C) Other appropriate non-Federal sources of funds.
    ``(2) Funds provided by the Federal Government--
            ``(A) may not be used--
                    ``(i) to provide veterinary care under the system
                required by this section; or
                    ``(ii) to pay for the normal operation of the non-
                profit entity awarded the contract under subsection
                (c); and
            ``(B) may be used to carry out the duties of the Secretary
        under subsections (a), (c), (d), and (f).
    ``(f) Regulations.--The Secretary shall prescribe regulations for
the discharge of the requirements and authorities in this section,
including regulations on the standards of care required by subsection
(d).''.
            (2) Clerical amendment.--The table of sections at the
        beginning of chapter 50 of such title is amended by adding at
        the end the following new item:

``993. Military working dogs: veterinary care for retired military
                            working dogs.''.
    (b) Regulations.--The Secretary of Defense shall prescribe the
regulations required by subsection (f) of section 993 of title 10,
United States Code (as added by subsection (a) of this section), not
later than 180 days after the date of the enactment of this Act.

SEC. 5. RECOGNITION OF SERVICE OF MILITARY WORKING DOGS.

    Section 1125 of title 10, United States Code, is amended--
            (1) by inserting ``(a) General Authority.--'' before ``The
        Secretary of Defense''; and
            (2) by adding at the end the following new subsection:
    ``(b) Recognition of Service of Military Working Dogs.--The
Secretary of Defense shall create a decoration or other appropriate
recognition to recognize military working dogs under the jurisdiction
of the Secretary that are killed in action or perform an exceptionally
meritorious or courageous act in service to the United States.''.

Summary: Canine Members of the Armed Forces Act - Directs the Secretary of Defense (DOD) to classify military working dogs as canine members of the Armed Forces. Requires that such dogs no longer be classified as equipment. Provides that if a dog should be retired, and no suitable adoption is available at the military facility where the dog is located, the dog may transferred to the 341st Training Squadron or to another location for adoption. Authorizes the acceptance of the donation of frequent traveler miles to facilitate the adoption of a dog. Directs the Secretary to establish and maintain a system to provide for the lifetime veterinary care of retired, adopted dogs. Requires the Secretary to administer the system under a contract awarded by the Secretary to a private non-profit entity. Requires such care to meet standards that the Secretary shall establish and periodically update. Requires any costs of the operation and administration of the system and of any veterinary care provided under the system to be covered by such combination of the following as the Secretary and the non-profit entity jointly consider appropriate: (1) contributions from the non-profit entity, (2) payments for such care by owners or guardians of such dogs, and (3) other appropriate non-federal sources of funds. Prohibits the use of federal funds to provide care or operate the system, except for funds used to establish or administer the system, establish standards of care, or prescribe related regulations. Directs the Secretary to create a decoration or other appropriate recognition to recognize dogs that are killed in action or perform an exceptionally meritorious or courageous act in service to the United States.

A bill to amend title 10, United States Code, to provide for certain requirements relating to the retirement, adoption, care, and recognition of military working dogs, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Money Laundering Prevention Act of
1999''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--The Congress makes the following findings:
            (1) Money laundering is a serious problem: between
        $100,000,000,000 and $300,000,000,000 in United States currency
        is ``laundered'' each year and the total dollar amount involved
        in international money laundering likely exceeds
        $500,000,000,000.
            (2) Money laundering is critical to the survival of the
        illicit drug trade, which has annual worldwide revenues of more
        than $400,000,000,000, more than 8 percent of the total value
        of international trade.
            (3) United States financial institutions are a critical
        link in our efforts to combat money laundering.
            (4) Highly secretive and loosely regulated private banking
        services that cater to wealthy clients are particularly
        vulnerable to use by drug traffickers for money laundering
        purposes, and it is estimated that private banking services
        have banking assets ranging from $200,000,000,000 to
        $300,000,000,000.
    (b) Purposes.--The purposes of this Act are as follows:
            (1) To ensure that United States financial institutions
        make combating money laundering the highest of priorities.
            (2) To close the existing gaps in law that allow money
        laundering to flourish in the private banking system.
            (3) To designate foreign high-intensity money laundering
        areas for the purpose of targeting areas of concentrated money
        laundering activities.
            (4) To require the Board of Governors of the Federal
        Reserve System to take into account money laundering activities
        in the consideration of applications under section 3 of the
        Bank Holding Company Act of 1956.

SEC. 3. REPORT ON PRIVATE BANKING ACTIVITIES.

    (a) In General.--Before the end of the 1-year period beginning on
the date of the enactment of this Act, the Secretary of the Treasury,
in consultation with the Federal banking agencies (as defined in
section 3(z) of the Federal Deposit Insurance Act) shall submit a
report on private banking activities in the United States to the
Committee on Banking and Financial Services of the House of
Representatives and the Committee on Banking, Housing, and Urban
Affairs of the Senate.
    (b) Contents of Report.--The report required under subsection (a)
shall include information on the following:
            (1) The nature and extent of private banking activities in
        the United States.
            (2) Regulatory efforts to monitor private banking
        activities and ensure that such activities are conducted in
        compliance with subchapter II of chapter 53 of title 31, United
        States Code, and section 21 of the Federal Deposit Insurance
        Act.
            (3) The policies and procedures of depository institutions
        that are designed to ensure compliance by such institutions
        with the requirements of subchapter II of chapter 53 of title
        31, United States Code, and section 21 of the Federal Deposit
        Insurance Act.
    (c) Private Banking Activities Defined.--For purposes of this
section, the term ``private banking activities'' includes, with respect
to a financial institution, personalized services, such as money
management, financial advice, and investment services, that are
provided to individuals with a high net worth and are not provided
generally to all clients of the financial institution.

SEC. 4. REQUIRE THAT ANTI-MONEY LAUNDERING PROGRAMS PROHIBIT MONEY
              LAUNDERING THROUGH CONCENTRATION ACCOUNTS AT FINANCIAL
              INSTITUTIONS BY REQUIRING THE AVAILABILITY OF CERTAIN
              ACCOUNT INFORMATION.

    Section 5318(h) of title 31, United States Code, is amended by
adding at the end the following new paragraph:
            ``(3) Availability of certain account information.--The
        Secretary of the Treasury shall prescribe regulations under
        this subsection which require financial institutions to
        maintain all accounts in such a way as to ensure that--
                    ``(A) the name of the account holder and the number
                of the account are associated with all account activity
                of the account holder; and
                    ``(B) all such information is available for
                purposes of account supervision and law enforcement.''

SEC. 5. DESIGNATION OF FOREIGN HIGH-INTENSITY MONEY LAUNDERING AREAS.

    (a) In General.--Subchapter III of chapter 53 of title 31, United
States Code (as added by the Money Laundering and Financial Crimes
Strategy Act of 1998) is amended by adding at the end the following new
part:

 ``Part 3--International Money Laundering and Related Financial Crimes

``Sec. 5361. Designation of foreign high-intensity money laundering
              areas
    ``(a) In General.--The Secretary, in consultation with the Federal
banking agencies, shall develop criteria for identifying areas outside
the United States in which money laundering activities are
concentrated.
    ``(b) Designation.--The Secretary shall designate as a high-
intensity money laundering area any foreign country in which there is
an area identified, in accordance with the criteria developed pursuant
to subsection (a), as an area in which money laundering activities are
concentrated.
    ``(c) Notice and Warning.--Upon the designation, under subsection
(b), of a country as a high-intensity money laundering area, the
Secretary shall provide--
            ``(1) a written notice to each insured depository
        institution (as defined in section 3 of the Federal Deposit
        Insurance Act), and each depository institution holding company
        (as defined in such section 3) that controls an insured
        depository institution, of the identity of the country
        designated; and
            ``(2) a written warning that there is a concentration of
        money laundering activity in such country.''.
    (b) Clerical Amendment.--The table of subchapters for chapter 53 of
title 31, United States Code, is amended by adding at the end the
following item:

 ``Part 3--International Money Laundering and Related Financial Crimes

``5361. Designation of foreign high-intensity money laundering
                            areas.''.

SEC. 6. DOUBLE THE CRIMINAL PENALTIES FOR VIOLATIONS INVOLVING HIGH-
              INTENSITY MONEY LAUNDERING AREAS.

    (a) In General.--Section 5322 of title 31, United States Code, is
amended by adding at the end the following new subsection:
    ``(d) Doubled Penalty.--The court may double the sentence of fine
or imprisonment, or both, that could otherwise be imposed on any person
for a violation described in subsection (a) or (b) if the person
commits the violation with respect to a transaction involving a person
in, a relationship maintained for a person in, or a transport of a
monetary instrument involving a foreign country, knowing that a
designation of the foreign country as a high-intensity money laundering
area under section 5361 was in effect at the time of the violation.''.
    (b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to any violation committed on or after the date of
the enactment of this Act.

SEC. 7. AMENDMENT TO SECTION 3 OF THE BANK HOLDING COMPANY ACT OF 1956.

    (a) In General.--Section 3(c) of the Bank Holding Company Act of
1956 (12 U.S.C. 1842(c)) is amended by adding at the end the following
new paragraph:
            ``(6) Money laundering.--In every case--
                    ``(A) the Board shall take into consideration the
                effectiveness of the company or companies in combating
                and preventing money laundering activities, including
                in overseas branches;
                    ``(B) the Board shall not consider any application
                under this section involving any company which is the
                subject of any--
                            ``(i) pending Federal investigation of
                        possible money laundering or other related
                        financial crimes; or
                            ``(ii) pending Federal prosecution for
                        money laundering or other related financial
                        crimes,
                until such investigation or prosecution is completed
                and a finding is made, except that this subparagraph
                shall not apply if the period for such completion and
                the making of findings exceeds 3 years; and
                    ``(C) the Board shall disapprove any application
                under this section involving any company which has been
                found criminally or civilly liable for money laundering
                or any related financial crime during the 5-year period
                preceding the consideration of such application by the
                Board.''.
    (b) Scope of Application.--The amendment made by subsection (a)
shall apply with respect to any application submitted to the Board of
Governors of the Federal Reserve System under section 3 of the Bank
Holding Company Act of 1956 after December 31, 1997, which has not been
approved by the Board before the date of the enactment of this Act.

Summary: Money Laundering Prevention Act of 1999 - Directs the Secretary of the Treasury to submit a report to specified congressional committees on private banking activities in the United States. Amends Federal banking law to direct the Secretary to prescribe regulations which require financial institutions to maintain all accounts in such a way as to ensure that: (1) the the name of the account holder and the number of the account are associated with all account activity of such holder. And (2) all such information is available for purposes of account supervision and law enforcement. Directs the Secretary to develop criteria for identifying areas outside the United States in which money laundering activities are concentrated, designate such areas as high-intensity money laundering areas, provide a written notice to each insured depository institution and each depository institution holding company that controls an insured depository institution of the identity of the country designated, and provide a written warning that there is a concentration of money laundering activity in such country. Authorizes the court to double the sentence of fine, imprisonment, or both, that could be otherwise imposed if the person commits the violation with respect to a transaction involving a person in, a relationship maintained for a person in, or a transport of a monetary instrument involving a foreign country, knowing that a designation of the foreign country as a high-intensity money laundering area was in effect at the time of the violation. Amends the Bank Holding Company Act of 1956 to direct that the Board of Governors of the Federal Reserve System: (1) take into consideration the effectiveness of the company in combating and preventing money laundering activities, including in overseas branches. (2) not consider any application involving any company which is the subject of any pending Federal investigation of possible money laundering or other related financial crimes, or pending Federal prosecution for such crimes, until such investigation or prosecution is completed and a finding is made, with an exception. And (3) disapprove any such application involving a company which has been found criminally or civilly liable for such a crime during the five-year period preceding consideration of such application by the Board.

Money Laundering Prevention Act of 1999


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Rural Telemedicine Enhancing
Community Health (TECH) Act of 2009''.

SEC. 2. TELEHEALTH PILOT PROJECTS.

    (a) In General.--The Secretary of Health and Human Services
(referred to in this section as the ``Secretary'') shall establish 3-
year telehealth pilot projects for the purpose of analyzing the
clinical outcomes and cost effectiveness associated with telehealth
services in a variety of geographic areas. The Secretary shall provide
evaluation and treatment services to entities participating in the
pilot projects.
    (b) Eligible Entities.--
            (1) In general.--The Secretary shall select eligible
        entities to participate in the pilot projects under this
        section.
            (2) Priority.--In selecting eligible entities to
        participate in the pilot projects under this section, the
        Secretary shall give priority to such entities located in
        medically underserved areas and facilities of the Indian Health
        Service.
    (c) Evaluation.--The Secretary shall, through the pilot projects,
evaluate--
            (1) the effective and economic delivery of care in treating
        behavioral health issues (including post-traumatic stress
        disorder) with the use of telehealth services in medically
        underserved and tribal areas, including collaborative uses of
        health professionals, integration of the range of telehealth
        and other technologies, and exploration of appropriate
        reimbursement methods for third party payers;
            (2) the effectiveness of improving the capacity of non-
        medical providers and non-specialized medical providers to
        provide health services for chronic complex diseases in
        medically underserved and tribal areas; and
            (3) the effectiveness of using telehealth services to
        provide acute stroke evaluation and treatment, occupational
        therapy, physical therapy, and speech language pathology
        services to treat cerebrovascular disease in medically
        underserved and tribal areas.
    (d) Report.--Not later than 3 years after the pilot projects are
established under subsection (a), the Secretary shall submit to
Congress a report describing the outcomes of such pilot projects and
providing recommendations for expanding the use of telehealth services.
    (e) Expansion of Project.--If the Secretary determines that the
pilot projects under this section enhance outcomes for patients and
reduce expenditures for participating entities, the Secretary may
initiate similar projects for additional medical conditions and
geographic areas.
    (f) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated $13,500,000 for fiscal years
2011 through 2014.

SEC. 3. EXPANDING ACCESS TO STROKE TELEHEALTH SERVICES.

    (a) Expansion of Originating Sites for Stroke Telehealth
Services.--Section 1834(m)(4) of the Social Security Act (42 U.S.C.
1395m(m)(4)) is amended--
            (1) in subparagraph (C)--
                    (A) in clause (i), in the matter preceding
                subclause (I), by striking ``The term'' and inserting
                ``Subject to clause (iii), the term''; and
                    (B) by adding at the end the following new clause:
                            ``(iii) Expansion of originating sites for
                        stroke telehealth services.--In the case of
                        stroke telehealth services, the term
                        `originating site' means any site described in
                        clause (ii) at which the eligible telehealth
                        individual is located at the time the service
                        is furnished via a telecommunications system,
                        regardless of where the site is located.''; and
            (2) by adding at the end the following new subparagraph:
                    ``(G) Stroke telehealth services.--The term `stroke
                telehealth services' means a telehealth service used
                for the evaluation or treatment of individuals with
                acute stroke, occupational therapy, physical therapy,
                and speech language pathology services furnished
                subsequent to a stroke, and stroke prevention and
                education services.''.
    (b) Effective Date.--The amendments made by subsection (a) shall
apply to telehealth services furnished on or after the date that is 6
months after the date of enactment of this Act.

SEC. 4. IMPROVING ACCESS TO TELEHEALTH SERVICES AT IHS FACILITIES AND
              FQHCS.

    (a) Inclusion of IHS Facilities as Originating Sites.--Section
1834(m)(4)(C)(ii) of the Social Security Act (42 U.S.C.
1395m(m)(4)(C)(ii)) is amended by adding at the end the following new
subclause:
                                    ``(IX) A facility of the Indian
                                Health Service, whether operated by
                                such Service or by an Indian tribe or
                                tribal organization (as those terms are
                                defined in section 4 of the Indian
                                Health Care Improvement Act).''.
    (b) Access to Store-and-Forward and Videoconferencing
Technologies.--
            (1) In general.--Section 1834(m)(1) of such Act (42 U.S.C.
        1395m(m)(1)) is amended by adding at the end the following
        sentence: ``For purposes of the first sentence, in the case of
        telehealth services described in subclause (I) of paragraph
        (4)(F)(iii) that are furnished by a facility of the Indian
        Health Service (whether operated by such Service or by an
        Indian tribe or tribal organization (as those terms are defined
        in section 4 of the Indian Health Care Improvement Act)) or a
        federally qualified health center (as defined in section
        1861(aa)(4)), the term `telecommunications system' includes
        store-and-forward technologies described in the preceding
        sentence and, in the case of telehealth services described in
        subclause (II) of such paragraph that are furnished by such a
        facility or federally qualified health center, such term
        includes videoconferencing technologies.''
            (2) Conforming amendment.--Section 1834(m)(4)(F) of such
        Act (42 U.S.C. 1395m(m)(4)(F)) is amended by adding at the end
        the following new clauses:
                            ``(iii) Telehealth services described.--For
                        purposes of paragraph (1):
                                    ``(I) The telehealth services
                                described in this subclause include
                                consultations related to neurosurgery,
                                neurology, cardiology, dermatology,
                                pediatric specialty, and orthopedic (as
                                specified by the Secretary).
                                    ``(II) The telehealth services
                                described in this subclause are
                                services related to hepatitis and other
                                chronic conditions and behavioral
                                health services (as specified by the
                                Secretary).''.
    (c) Effective Date.--The amendments made by this section shall
apply to telehealth services furnished on or after the date that is 6
months after the date of enactment of this Act.

SEC. 5. IMPROVING CREDENTIALING AND PRIVILEGING STANDARDS FOR
              TELEHEALTH SERVICES.

    Section 1834(m) of the Social Security Act (42 U.S.C. 1395m(m)) is
amended by adding at the end the following new paragraph:
            ``(5) Establishment of remote credentialing and privileging
        standards.--
                    ``(A) In general.--Not later than 2 years after the
                date of the enactment of this paragraph, the Secretary
                shall establish reasonable regulations for considering
                the remote credentialing and privileging standards
                applicable to telehealth services, including
                interpretative services, for originating sites under
                this subsection. Such regulations shall allow an
                originating site to accept, and not duplicate, the
                credentialing and privileging processes and decisions
                made by another site.
                    ``(B) Clarification regarding acceptance of
                processes and decisions prior to enactment of
                regulations.--During the period beginning on such date
                of enactment and ending on the effective date of the
                regulations under subparagraph (A), the Secretary shall
                not take any punitive action under any rule or
                regulation against an originating site on the basis of
                that site's acceptance, for purposes of receiving
                telehealth services (including interpretive services),
                the credentialing and privileging processes and
                decisions made by another site that is accredited by a
                national accreditation body recognized by the Secretary
                under section 1865(a)(1) if the site accepting such
                credentialing and privileging processes is also so
                accredited and complies with the applicable
                requirements for such acceptance.''.

Summary: Rural Telemedicine Enhancing Community Health (TECH) Act of 2009 - Directs the Secretary of Health and Human Services (HHS) to establish telehealth pilot projects for the purpose of analyzing the clinical outcomes and cost effectiveness associated with telehealth services in a variety of geographic areas. Amends title XVIII (Medicare) of the Social Security Act to: (1) provide for expansion of originating telehealth sites for stroke telehealth services. (2) provide access to store-and-forward telehealth services in facilities of the Indian Health Service and federally qualified health centers. And (3) direct the Secretary to establish reasonable regulations to consider the remote credentialing and privileging standards for originating sites with respect to telehealth services.

A bill to establish telehealth pilot projects, expand access to stroke telehealth services under the Medicare program, improve access to "store-and-forward" telehealth services in facilities of the Indian Health Service and Federally qualified health centers, reimburse facilities of the Indian Health Service as originating sites, establish regulations to consider credentialing and privileging standards for originating sites with respect to receiving telehealth services, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Public Retiree's Investment Act of
2009''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The United States banking system's ability to extend
        credit on a basis consistent with healthy economic activity is
        restricted by a need or desire to conserve capital in the face
        of anticipated losses.
            (2) A shortage of banking capital may continue to exist
        because private investors are generally unwilling to provide
        such capital given their inability to accurately assess the
        risk exposure of any individual institution while the Federal
        Government's ability to function as a capital provider may be
        constrained by concerns regarding Federal control of the
        banking system as well its desire to use Federal funds in
        numerous areas besides capitalization of the banking system.
            (3) State and local public pension funds are long term
        investors whose constituents benefit from a well-capitalized
        banking system with the ability to extend credit broadly at all
        levels of the economy.
            (4) Certain State and local pension plans have broad
        investment powers under State law which would include the
        ability to form cooperative business endeavors solely owned by
        them or in concert with public pension plans in other States.
            (5) Certain of these public pension plans have indicated
        their willingness and ability to rapidly form and fund a
        vehicle to be mutually owned by them for the sole purpose of
        investing in preferred stocks of United States banking
        institutions subject to certain guaranties provided by the
        Secretary of the Treasury or other appropriate Federal
        Government officer or agency.

SEC. 3. DEFINITIONS.

    For purposes of this Act, the following definitions shall apply:
            (1) Eligible investments.--The term ``eligible investment''
        means any preferred stock investment which meets the
        requirements of this Act by any public pension bank capital
        infusion fund.
            (2) Public pension plans.--The term ``public pension plan''
        means any State and local pension plan that has broad
        investment powers and authority under State law, including the
        authority to establish, administer, and participate in
        cooperative business endeavors solely owned by the plan or
        other public pension plans.
            (3) Public pension bank capital infusion fund.--The term
        ``public pension bank capital infusion fund'' means any
        investment vehicle mutually owned by public pension plans for
        the sole purpose of investing in preferred stocks of United
        States banking institutions, subject to certain guarantees
        provided by the Secretary of the Treasury or other appropriate
        Federal Government officer or agency, that meets the
        requirements of this Act for such capital infusion funds.
            (4) Qualified equity offering.--The term ``qualified equity
        offering'' means the sale for cash, by a financial institution
        after the date of an investment by a public pension bank
        capital infusion fund in any eligible investment issued by such
        institution, of perpetual preferred stock or common stock which
        qualifies as Tier 1 capital of such financial institution.
            (5) Reguarantee.--The term ``reguarantee'' means a
        guarantee issued by a guarantor of the payment of, or the
        fulfillment of any other obligation under, a guarantee issued
        by another guarantor.
            (6) Secretary.--The term ``Secretary'' means the Secretary
        of the Treasury.

SEC. 4. PUBLIC PENSION PLAN INVESTMENTS IN CERTAIN BANK PREFERRED STOCK
              INSTRUMENTS.

    (a) Guarantee and Reguarantee Authority.--The Secretary may
guarantee eligible investments or reguarantee a guarantee of eligible
investments.
    (b) Requirements and Procedures for Guarantees.--
            (1) Term and other conditions of guarantees.--Any guarantee
        or reguarantee provided by the Secretary under subsection (a)
        with respect to an eligible investment shall--
                    (A) be an unconditional guarantee for the life of
                the eligible investment; and
                    (B) shall cover the timely payment of dividends on,
                and the ultimate return of principal of, such eligible
                investment, in accordance with the terms of the
                eligible investment.
            (2) Procedures.--The process by which the Secretary shall
        be notified of a need to perform under a guarantee or
        reguarantee issue under subsection (a) and the manner in which
        the Secretary shall perform the duties of guarantor or
        reguarantor shall be mutually agreed to by the Secretary, the
        other guarantor, in the case of a reguarantee from the
        Secretary, and the public pension bank capital infusion fund.
    (c) Terms of Eligibility for Public Pension Plans.--
            (1) Authorized under state law.--The Secretary may not
        guarantee or reguarantee eligible investments of a public
        pension bank capital infusion fund under subsection (a) unless
        each public pension plan which has a mutual ownership interest
        in such capital infusion fund is authorized under State law to
        establish, or participate in the formation of, a wholly owned
        mutual fund or a limited liability corporation, in the case of
        joint ownership with other public pension plans.
            (2) Choice of law issue.--The powers of any public pension
        plan for purposes of this subsection shall--
                    (A) in all instances be determined by the law of
                the domicile State of such public pension plans; and
                    (B) in the case of a joint endeavor among public
                pension plans from different States, by a choice of law
                agreement (among the participating public pension
                plans) to which each State represented by a plan has
                granted full faith and credit.
    (d) Terms of Eligibility for Eligible Investments by a Public
Pension Bank Capital Infusion Fund.--
            (1) Maximum amount per fund.--The eligible investments of a
        public pension bank capital infusion fund shall be eligible for
        a guarantee or reguarantee under this section only if the
        aggregate amount of such investments by the fund do not exceed
        $50,000,000,000.
            (2) Institution eligible for investments.--Only an
        investment in preferred stock that meets the requirements of
        subsection (e) and has been issued by a financial institution
        which meets the definition of a qualifying financial
        institution under the TARP Capital Purchase Program established
        under the authority of the Emergency Economic Stabilization Act
        of 2008 may be treated as an eligible investment for purposes
        of this Act.
    (e) Preferred Stock Requirements.--Preferred stock meets the
requirements of this subsection if the following terms and conditions
are met by such stock:
            (1) Security.--The stock bears senior preferred status with
        a liquidation preference of $1,000 per share or higher as
        provided in the TARP Capital Purchase Program.
            (2) Ranking.--The stock is senior to common stock and pari
        passu with existing preferred shares other than preferred
        shares which by their terms rank junior to any existing
        preferred shares.
            (3) Regulatory capital status.--The preferred stock meets
        the requirement for treatment as Tier I capital for the
        financial institution which issued it.
            (4) Term.--The term of the stock is perpetual.
            (5) Dividends.--
                    (A) In general.--The stock pays cumulative
                dividends at--
                            (i) an initial rate of 8.5 percent per
                        year; and
                            (ii) after the end of the 1-year period
                        beginning on the date of the enactment of this
                        Act, at the prevailing reset rate determined in
                        accordance with subparagraph (B).
                    (B) Reset rate.--The term ``reset rate'' means the
                rate determined at the end of the 1-year period
                beginning on the date of the enactment of this Act and
                each 1-year period thereafter by adding together--
                            (i) the yield prevailing as of the close of
                        business of the date of the determination on
                        10-year United States treasury notes; and
                            (ii) the difference between 8.5 percent and
                        the yield prevailing as of the close of
                        business on the date of the enactment of this
                        Act on 10-year United States treasury notes.
            (6) Redemption.--
                    (A) Timing.--The redemption of the stock is subject
                to the following conditions:
                            (i) The stock may not be redeemed for a
                        period of 3 years from the date of the initial
                        investment by the public pension bank capital
                        infusion fund, except with the proceeds from a
                        qualified equity offering which results in
                        aggregate gross proceeds to the financial
                        institution which issued the stock of not less
                        than 25 percent of the issue price of the
                        stock.
                            (ii) After the third anniversary of the
                        date of the investment, the stock may be
                        redeemed, in whole or in part, at any time and
                        from time to time, at the option of the
                        financial institution.
                    (B) Amount.--All redemptions of the stock are at
                100 percent of the issue price, plus any accrued and
                unpaid dividends and shall be subject to the approval
                of the primary Federal financial regulator of the
                issuing financial institution.
            (7) Restrictions on dividends.--For as long as the
        preferred stock is outstanding, no dividends may be declared or
        paid on junior preferred shares, preferred shares ranking pari
        passu with the preferred stock, or common shares (other than in
        the case of pari passu preferred shares' dividends on a pro
        rata basis with the preferred stock) nor may the financial
        institution which issued the preferred stock repurchase or
        redeem any junior preferred shares, preferred shares ranking
        pari passu with the preferred stock, or common shares until
        such time as the preferred stock has been redeemed in whole.
            (8) Voting rights.--The preferred stock is nonvoting, other
        than class voting rights on--
                    (A) any authorization or issuance of shares ranking
                senior to the preferred stock;
                    (B) any amendment to the rights of the preferred
                stock; or
                    (C) any merger, exchange or similar transaction
                which would adversely affect the rights of the
                preferred stock.
            (9) Appoint of directors.--The stock instrument provides
        that if dividends on the preferred stock are not paid in full
        for more than 4 consecutive dividend periods, the Secretary may
        elect 2 directors to serve on the board of directors of the
        issuing financial institution until such time as full dividends
        have been paid for 4 consecutive dividend periods.
            (10) Timing of guaranty payments.--The payment of guaranty
        payments under this Act shall be pursuant to a policy mutually
        agreed to by the Secretary, the other guarantor, in the case of
        a reguarantee from the Secretary, and the public pension bank
        capital infusion fund which policy shall be consistent with the
        intent of the guarantee, as specified in section 4(b).
    (f) Effective Period of Guarantee Authority.--Notwithstanding any
other provision of this section, any guarantee or reguarantee under
this subsection may only be provided on an eligible investment whose
initial issuance is made before the end of the 3-year period beginning
on the date of the enactment of this Act .
    (g) Treatment Under Other Law.--A public pension bank capital
infusion fund that is a mutual fund vehicle or limited liability
corporation owned by one or more public pension plans and managed under
contract by an appropriate service vender (as approved by the
Secretary) who reports to the fund directly or through its chief
investment officer shall be deemed to be a political subdivision of a
State as that term is defined in section 414(d) of the Internal Revenue
Code of 1986 and shall be exempt from taxation pursuant to section 115
of such Code.
    (h) Reports.--
            (1) In general.--In the case of any guarantee or
        reguarantee issued by the Secretary, under subsection (a), with
        respect to eligible investments, the guarantor of such eligible
        investments shall submit a report to the Congress (and to the
        Secretary, in any case in which the Secretary is the
        reguarantor) on the status of the guarantee or reguarantee.
            (2) Contents.--Each report submitted under paragraph (1)
        shall include, at a minimum--
                    (A) the name of any institution issuing eligible
                investments for which a guarantee is in effect;
                    (B) the face amount of each eligible investment
                covered by the guarantee;
                    (C) the amount of dividends paid, declared and due
                under the terms of the eligible investment; and
                    (D) the amount of any payments made by the
                guarantor as a result of the enactment of this Act.

Summary: Public Retiree's Investment Act of 2009 - Authorizes the Secretary of the Treasury to guarantee eligible investments, or reguarantee a guarantee of eligible investments, by any public pension bank capital infusion fund mutually owned by state and local pension plans for the sole purpose of investing in preferred stocks of US banking institutions. Requires each public pension plan with a mutual ownership interest in a capital infusion fund to be authorized by state law to establish, or participate in the formation of, a wholly owned mutual fund or a limited liability corporation, in the case of joint ownership with other public pension plans. Caps the maximum amount of investments by such such a capital infusion fund at $50 billion. Restricts eligible investments to those in the preferred stock of a qualifying financial institution under the Troubled Asset Relief Program (TARP) Capital Purchase Program established under the Emergency Economic Stabilization Act of 2008 (EESA).

To secure additional Tier I capital for the United States banking system from parties other than the Federal Government by providing authority to the Secretary of the Treasury to guaranty certain new preferred stock investments made by public pensions acting in a collective fashion, and for other purposes.


SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Welfare
Improvement Act of 1997''.
    (b) Table of Contents.--The table of contents for this Act is as
follows:

Sec. 1. Short title; table of contents.
Sec. 2. No additional cash assistance for children born to families
                            receiving assistance.
Sec. 3. Prohibition of recruitment activities.
Sec. 4. Mandatory termination of assistance.
Sec. 5. Work participation rate requirement.
Sec. 6. Limitation on payments to States.
Sec. 7. Effective date.

SEC. 2. NO ADDITIONAL CASH ASSISTANCE FOR CHILDREN BORN TO FAMILIES
              RECEIVING ASSISTANCE.

    Section 408(a) of the Social Security Act (42 U.S.C. 608(a)) is
amended by adding at the end the following:
            ``(12) No additional cash assistance for children born to
        families receiving assistance.--
                    ``(A) General rule.--A State to which a grant is
                made under section 403 shall not use any part of the
                grant to provide cash benefits for a minor child who is
                born to--
                            ``(i) a recipient of assistance under the
                        program operated under this part; or
                            ``(ii) a person who received such
                        assistance at any time during the 10-month
                        period ending with the birth of the child.
                    ``(B) Exception for children born into families
                with no other children.--Subparagraph (A) shall not
                apply to a minor child who is born into a family that
                does not include any other children.
                    ``(C) Exception for vouchers.--Subparagraph (A)
                shall not apply to vouchers which are provided in lieu
                of cash benefits and which may be used only to pay for
                particular goods and services specified by the State as
                suitable for the care of the child involved.
                    ``(D) Exception for rape or incest.--Subparagraph
                (A) shall not apply with respect to a child who is born
                as a result of rape or incest.
                    ``(E) State election to opt out.--Subparagraph (A)
                shall not apply to a State if State law specifically
                exempts the State program funded under this part from
                the application of subparagraph (A).
                    ``(F) Substitution of family caps in effect under
                waivers.--Subparagraph (A) shall not apply to a State--
                            ``(i) if, as of the date of the enactment
                        of this part, there is in effect a waiver
                        approved by the Secretary under section 1115
                        which permits the State to deny aid under the
                        State plan approved under part A of this title
                        (as in effect without regard to the amendments
                        made by title I of the Personal Responsibility
                        and Work Opportunity Reconciliation Act of 1996
                        (Public Law 104-193, 110 Stat. 2110) to a
                        family by reason of the birth of a child to a
                        family member otherwise eligible for such aid;
                        and
                            ``(ii) for so long as the State continues
                        to implement such policy under the State
                        program funded under this part, under rules
                        prescribed by the State.''.

SEC. 3. PROHIBITION OF RECRUITMENT ACTIVITIES.

    Section 1631 of the Social Security Act (42 U.S.C. 1383) is amended
by adding at the end the following new subsection:

                ``prohibition of recruitment activities

    ``(p) Nothing in this title shall be construed to authorize
recruitment activities under this title, including with respect to any
outreach programs or demonstration projects.''.

SEC. 4. MANDATORY TERMINATION OF ASSISTANCE.

    Section 407(e)(1) of the Social Security Act (42 U.S.C. 607(e)(1)),
is amended to read as follows:
            ``(1) In general.--Except as provided in paragraph (2), if
        an individual in a family receiving assistance under the State
        program funded under this part refuses to engage in work
        required in accordance with this section, the State shall--
                    ``(A) in the case of the first or second refusal--
                            ``(i) reduce the amount of assistance
                        otherwise payable to the family pro rata (or
                        more, at the option of the State) with respect
                        to any period during a month in which the
                        individual so refuses; or
                            ``(ii) terminate such assistance,
                subject to such good cause and other exceptions as the
                State may establish; and
                    ``(B) in the case of the third refusal, terminate
                the assistance.''.

SEC. 5. WORK PARTICIPATION RATE REQUIREMENT.

    The table in section 407(a)(1) of the Social Security Act (42
U.S.C. 607(a)(1)), is amended, in the item relating to fiscal year 2002
or thereafter, by striking ``50'' and inserting ``75''.

SEC. 6. LIMITATION ON PAYMENTS TO STATES.

    Part A of title IV of the Social Security Act (42 U.S.C. 601 et
seq.) is amended by adding at the end the following:

``SEC. 420. LIMITATION ON PAYMENTS TO STATES.

    ``Notwithstanding any other provision of this part, no funds may be
paid to a State under this part unless the State--
            ``(1) establishes and maintains a reasonable program for
        randomly testing an individual in a family receiving assistance
        under the State program funded under this part for the use of
        controlled substances; and
            ``(2) terminates assistance under the State program funded
        under this part for any individual who tests positive for the
        use of controlled substances.''.

SEC. 7. EFFECTIVE DATE.

    This Act and the amendments made by this Act take effect as if
included in the enactment of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (Public Law 104-193, 110 Stat.
2105).

Summary: Welfare Improvement Act of 1997 - Amends part A (TANF) of title IV of the Social Security Act (SSA) in order to make various specified changes to the Personal Responsibility and Work Opportunity Reconciliation Act of 1996. Prohibits States from providing cash TANF benefits for a minor child born to a TANF recipient family with other children or to a person with other children who received TANF assistance during the ten-month period ending with the birth of the child, with certain exceptions for rape or incest, unless the State elects to opt out of the application of such prohibition. Exempts from such prohibition a minor child born into a family with no other children. Requires termination of TANF assistance after the TANF recipient's third refusal to engage in required work activities. Increases from 50 percent to 75 percent the minimum work participation rate required under TANF for FY 2002 and thereafter. Prohibits Federal TANF funds to States which do not establish random drug testing programs under which the TANF assistance for individual family recipients who test positive for controlled substance use is terminated. Amends SSA title XVI to expressly provide that nothing in it shall be construed to authorize recruitment activities under such title, including with respect to any outreach programs or demonstration projects.

Welfare Improvement Act of 1997


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Private Property Protection Act of
1995''.

SEC. 2. FEDERAL POLICY AND DIRECTION.

    (a) General Policy.--It is the policy of the Federal Government
that no law or agency action should limit the use of privately owned
property so as to diminish its value.
    (b) Application to Federal Agency Action.--Each Federal agency,
officer, and employee should exercise Federal authority to ensure that
agency action will not limit the use of privately owned property so as
to diminish its value.

SEC. 3. RIGHT TO COMPENSATION.

    (a) In General.--The Federal Government shall compensate an owner
of property whose use of any portion of that property has been limited
by an agency action, under a specified regulatory law, that diminishes
the fair market value of that portion by 20 percent or more. The amount
of the compensation shall equal the diminution in value that resulted
from the agency action. If the diminution in value of a portion of that
property is greater than 50 percent, at the option of the owner, the
Federal Government shall buy that portion of the property for its fair
market value.
    (b) Duration of Limitation on Use.--Property with respect to which
compensation has been paid under this Act shall not thereafter be used
contrary to the limitation imposed by the agency action, even if that
action is later rescinded or otherwise vitiated. However, if that
action is later rescinded or otherwise vitiated, and the owner elects
to refund the amount of the compensation, adjusted for inflation, to
the Treasury of the United States, the property may be so used.

SEC. 4. EFFECT OF STATE LAW.

    If a use is a nuisance as defined by the law of a State or is
already prohibited under a local zoning ordinance, no compensation
shall be made under this Act with respect to a limitation on that use.

SEC. 5. EXCEPTIONS.

    (a) Prevention of Hazard to Health or Safety or Damage to Specific
Property.--No compensation shall be made under this Act with respect to
an agency action the primary purpose of which is to prevent an
identifiable--
            (1) hazard to public health or safety; or
            (2) damage to specific property other than the property
        whose use is limited.
    (b) Navigation Servitude.--No compensation shall be made under this
Act with respect to an agency action pursuant to the Federal navigation
servitude, as defined by the courts of the United States, except to the
extent such servitude is interpreted to apply to wetlands.

SEC. 6. PROCEDURE.

    (a) Request of Owner.--An owner seeking compensation under this Act
shall make a written request for compensation to the agency whose
agency action resulted in the limitation. No such request may be made
later than 180 days after the owner receives actual notice of that
agency action.
    (b) Negotiations.--The agency may bargain with that owner to
establish the amount of the compensation. If the agency and the owner
agree to such an amount, the agency shall promptly pay the owner the
amount agreed upon.
    (c) Choice of Remedies.--If, not later than 180 days after the
written request is made, the parties do not come to an agreement as to
the right to and amount of compensation, the owner may choose to take
the matter to binding arbitration or seek compensation in a civil
action.
    (d) Arbitration.--The procedures that govern the arbitration shall,
as nearly as practicable, be those established under title 9, United
States Code, for arbitration proceedings to which that title applies.
An award made in such arbitration shall include a reasonable attorney's
fee and other arbitration costs (including appraisal fees). The agency
shall promptly pay any award made to the owner.
    (e) Civil Action.--An owner who does not choose arbitration, or who
does not receive prompt payment when required by this section, may
obtain appropriate relief in a civil action against the agency. An
owner who prevails in a civil action under this section shall be
entitled to, and the agency shall be liable for, a reasonable
attorney's fee and other litigation costs (including appraisal fees).
The court shall award interest on the amount of any compensation from
the time of the limitation.
    (f) Source of Payments.--Any payment made under this section to an
owner, and any judgment obtained by an owner in a civil action under
this section shall, notwithstanding any other provision of law, be made
from the annual appropriation of the agency whose action occasioned the
payment or judgment. If the agency action resulted from a requirement
imposed by another agency, then the agency making the payment or
satisfying the judgment may seek partial or complete reimbursement from
the appropriated funds of the other agency. For this purpose the head
of the agency concerned may transfer or reprogram any appropriated
funds available to the agency. If insufficient funds exist for the
payment or to satisfy the judgment, it shall be the duty of the head of
the agency to seek the appropriation of such funds for the next fiscal
year.

SEC. 7. LIMITATION.

    Notwithstanding any other provision of law, any obligation of the
United States to make any payment under this Act shall be subject to
the availability of appropriations.

SEC. 8. DUTY OF NOTICE TO OWNERS.

    Whenever an agency takes an agency action limiting the use of
private property, the agency shall give appropriate notice to the
owners of that property directly affected explaining their rights under
this Act and the procedures for obtaining any compensation that may be
due to them under this Act.

SEC. 9. RULES OF CONSTRUCTION.

    (a) Effect on Constitutional Right to Compensation.--Nothing in
this Act shall be construed to limit any right to compensation that
exists under the Constitution or under other laws of the United States.
    (b) Effect of Payment.--Payment of compensation under this Act
(other than when the property is bought by the Federal Government at
the option of the owner) shall not confer any rights on the Federal
Government other than the limitation on use resulting from the agency
action.

SEC. 10. DEFINITIONS.

    For the purposes of this Act--
            (1) the term ``property'' means land and includes the right
        to use or receive water;
            (2) a use of property is limited by an agency action if a
        particular legal right to use that property no longer exists
        because of the action;
            (3) the term ``agency action'' has the meaning given that
        term in section 551 of title 5, United States Code, but also
        includes the making of a grant to a public authority
        conditioned upon an action by the recipient that would
        constitute a limitation if done directly by the agency;
            (4) the term ``agency'' has the meaning given that term in
        section 551 of title 5, United States Code;
            (5) the term ``specified regulatory law'' means--
                    (A) section 404 of the Federal Water Pollution
                Control Act (33 U.S.C. 1344);
                    (B) the Endangered Species Act of 1979 (16 U.S.C.
                1531 et seq.);
                    (C) title XII of the Food Security Act of 1985 (16
                U.S.C. 3801 et seq.); or
                    (D) with respect to an owner's right to use or
                receive water only--
                            (i) the Act of June 17, 1902, and all Acts
                        amendatory thereof or supplementary thereto,
                        popularly called the ``Reclamation Acts'' (43
                        U.S.C. 371 et seq.);
                            (ii) the Federal Land Policy Management Act
                        (43 U.S.C. 1701 et seq.); or
                            (iii) section 6 of the Forest and Rangeland
                        Renewable Resources Planning Act of 1974 (16
                        U.S.C. 1604);
            (6) the term ``fair market value'' means the most probable
        price at which property would change hands, in a competitive
        and open market under all conditions requisite to a fair sale,
        between a willing buyer and a willing seller, neither being
        under any compulsion to buy or sell and both having reasonable
        knowledge of relevant facts, at the time the agency action
        occurs;
            (7) the term ``State'' includes the District of Columbia,
        Puerto Rico, and any other territory or possession of the
        United States; and
            (8) the term ``law of the State'' includes the law of a
        political subdivision of a State.

            Passed the House of Representatives March 3, 1995.

            Attest:

                                                ROBIN H. CARLE,

                                                                Clerk.

Summary: Private Property Protection Act of 1995 - Requires the Federal Government to compensate a property owner whose use of that property has been limited by an agency action, pursuant to a specified regulatory law, that diminishes the fair market value of that property by 20 percent or more, for that diminution in value. Requires the Government to buy at fair market value any portion of a property whose value has been diminished by more than 50 percent. Declares that property with respect to which compensation has been paid under this Act shall not thereafter be used contrary to the limitation imposed by the agency action, unless: (1) the action is later rescinded or vitiated. And (2) the property owner refunds the amount of the compensation to the Treasury. Provides that if a use is a nuisance as defined by State law or local zoning ordinance, no compensation shall be made under this Act with respect to a limitation on that use. Prohibits compensation from being made under this Act with respect to: (1) an agency action the primary purpose of which is to prevent an identifiable hazard to public health and safety or damage to specific property other than the property whose use is limited. Or (2) an agency action pursuant to the Federal navigational servitude, except as such servitude is applied by US courts to wetlands. Sets forth the procedures by which a property owner may seek compensation under this Act. Subjects any payment under this Act to the availability of appropriations. Requires any agency taking an action limiting private property use to give appropriate notice of rights and compensation procedures to the property owners. Declares that: (1) nothing in this Act shall be construed to limit any right to compensation under the Constitution or other Federal law. And (2) payment of compensation shall not confer on the Federal Government any rights other than the use limitation resulting from the agency action.

Private Property Protection Act of 1995