SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Resolution of the Ethiopia-Eritrea
Border Dispute Act of 2004''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Algiers agreements.--The term ``Algiers Agreements''
        means the Cessation of Hostilities Agreement and the
        Comprehensive Peace Agreement.
            (2) Appropriate congressional committees.--The term
        ``appropriate congressional committees'' means the Committee on
        International Relations of the House of Representatives and the
        Committee on Foreign Relations of the Senate.
            (3) Cessation of hostilities agreement.--The term
        ``Cessation of Hostilities Agreement'' means the Agreement on
        the Cessation of Hostilities signed on June 18, 2000, in
        Algiers, Algeria, by the Government of Ethiopia and the
        Government of Eritrea that established a temporary
        demilitarized security zone within Eritrea to be enforced by
        the United Nations Peacekeeping Mission in Ethiopia and Eritrea
        (UNMEE).
            (4) Comprehensive peace agreement.--The term
        ``Comprehensive Peace Agreement'' means the agreement signed on
        December 12, 2000, in Algiers, Algeria, by the Government of
        Ethiopia and the Government of Eritrea, under the auspices of
        the Organization of African Unity (OAU), that provided for an
        end to military hostilities between the two countries,
        assurances by the countries to refrain from the threat or use
        of force against each other, and established a neutral Boundary
        Commission to delimit and demarcate the border between the two
        countries.
            (5) Economic assistance.--The term ``economic assistance''
        means--
                    (A) assistance under chapter 1 of part I of the
                Foreign Assistance Act of 1961 (relating to development
                assistance); and
                    (B) assistance under chapter 4 of part II of the
                Foreign Assistance Act of 1961 (relating to economic
                support fund assistance).
            (6) Military assistance and arms transfers.--The term
        ``military assistance and arms transfers'' means--
                    (A) assistance under chapter 2 of part II of the
                Foreign Assistance Act of 1961 (relating to military
                assistance), including the transfer of excess defense
                articles under section 516 of that Act;
                    (B) assistance under chapter 5 of part II of the
                Foreign Assistance Act of 1961 (relating to
                international military education and training or
                ``IMET''), including military education and training
                for civilian personnel under section 541 of that Act
                (commonly referred to as ``Expanded IMET''); and
                    (C) assistance under the ``Foreign Military
                Financing'' Program under section 23 of the Arms Export
                Control Act and the transfer of defense articles,
                defense services, design and construction services, or
                any other defense-related training under that Act.

SEC. 3. FINDINGS.

    Congress makes the following findings:
            (1) On May 6, 1998, a conflict erupted between Ethiopia and
        Eritrea, two of the world's poorest countries.
            (2) The two-year war claimed 100,000 lives, displaced more
        than 1,000,000 people, cost Ethiopia more than $2,900,000,000,
        and caused a 62 percent decline in food production in Eritrea.
            (3) Millions of dollars were diverted from much needed
        development projects into military activities and weapons
        procurements at a time when severe drought threatened a famine
        in both Ethiopia and Eritrea, as bad as the famine in 1984 in
        those countries, putting more than 13,000,000 lives at risk.
            (4) On June 18, 2000, Prime Minister Meles Zenawi of the
        Federal Democratic Republic of Ethiopia and President Isaias
        Afewerki of the State of Eritrea signed the Cessation of
        Hostilities Agreement in Algiers, Algeria. On December 12,
        2000, the two countries also signed the Comprehensive Peace
        Agreement in Algiers under the auspices of the Organization of
        African Unity (OAU) and in the presence of United Nations
        Secretary General Kofi Annan and President Abdel-Aziz
        Boutheflika of Algeria.
            (5) Article 4.2 of the Comprehensive Peace Agreement states
        the following: ``The parties agree that a neutral Boundary
        Commission composed of five members shall be established with a
        mandate to delimit and demarcate the colonial treaty border
        [between the two countries] based on pertinent colonial
        treaties (1900, 1902 and 1908) and applicable international
        law.''.
            (6) Article 4.15 of the Comprehensive Peace Agreement
        states the following: ``The parties agree that the delimitation
        and demarcation determinations of the Commission shall be final
        and binding. Each party shall respect the border so determined,
        as well as territorial integrity and sovereignty of the other
        party.''.
            (7)(A) The President of the United Nations Security
        Council, on behalf of the Security Council, confirmed the
        Security Council's endorsement of the terms and conditions of
        the Algiers Agreements, with special reference to the neutral
        Boundary Commission described in Article 4.2 of the
        Comprehensive Peace Agreement and its mandate.
            (B) In addition, the Security Council reaffirmed its
        support for the Algiers Agreements in United Nations Security
        Council Resolutions 1312 (July 31, 2000), 1320 (September 15,
        2000), 1344 (March 15, 2001), 1369 (September 14, 2001), 1398
        (March 15, 2002), 1430 (August 14, 2002), 1434 (September 6,
        2002), 1466 (March 14, 2003), 1507 (September 12, 2003), 1531
        (March 12, 2004), and 1560 (September 14, 2004).
            (8) On April 13, 2002, the neutral Boundary Commission
        announced its ``Delimitation Decision'', reiterating that both
        parties had agreed that it would be ``final and binding''.
            (9) Following the decision of the Boundary Commission that
        the heavily disputed town of Badme would be zoned to the
        Eritrean side of the new border, Foreign Minister Seyoum Mesfin
        of Ethiopia announced on April 15, 2003, that ``[n]o-one
        expects the [G]overnment of Ethiopia to accept these mistakes
        committed by the Commission''. Further, the Ethiopian Ministry
        of Information released a statement accusing the Boundary
        Commission of an ``unfair tendency'' in implementing the border
        ruling and ``misinterpreting'' the Algiers Agreements.
            (10) In his March 6, 2003, ``Progress Report'' to the
        United Nations Security Council, Secretary General Kofi Annan
        reported that Prime Minister Zenawi of Ethiopia had expressed
        to his Special Representative, Legwaila Joseph Legwaila, that
        ``if its concerns were not properly addressed Ethiopia might
        eventually reject the demarcation-related decisions of the
        Commission''.
            (11) On September 19, 2003, Prime Minister Zenawi wrote to
        United Nations Secretary General Kofi Annan and stated: ``As
        the Commission's decisions could inevitably lead the two
        countries into another round of fratricidal war, the Security
        Council has an obligation, arising out of the UN Charter, to
        avert such a threat to regional peace and stability.''.
            (12) On October 3, 2003, the United Nations Security
        Council wrote to Prime Minister Zenawi and stated: ``The
        members of the Security Council therefore wish to convey to you
        their deep regret at the intention of the government of
        Ethiopia not to accept the entirety of the delimitation and
        demarcation decision as decided by the boundary commission.
        They note in particular, that Ethiopia has committed itself
        under the Algiers Agreements to accept the boundary decision as
        final and binding.''.
            (13)(A) In an attempt to resolve the continued impasse,
        United Nations Secretary General Kofi Annan offered his good
        offices to the two parties and appointed Mr. Lloyd Axworthy,
        former Minister for Foreign Affairs of Canada, to serve as his
        Special Envoy for Ethiopia and Eritrea on January 29, 2004.
            (B) Despite the assurances of the United Nations Secretary
        General, including in his Progress Reports of March 6, 2004,
        and July 7, 2004, that the appointment of the Special Envoy was
        ``not intended to establish an alternative mechanism to the
        Boundary Commission or to renegotiate its final and binding
        decision'', President Isaias of Eritrea has refused to meet
        with the Special Envoy or otherwise engage in political
        dialogue aimed at resolving the current impasse.
            (14) In his July 7, 2004, ``Progress Report'' to the United
        Nations Security Council, Secretary General Kofi Annan reported
        that the Ethiopian Ministry of Foreign Affairs continues to
        reiterate its position that ``the current demarcation line
        would disrupt the lives of border communities and lead to
        future conflict''.
            (15) In that same report, Secretary General Annan reminded
        both governments that they themselves ``entrusted the Boundary
        Commission with the entire demarcation process, drew up its
        mandate and selected its Commissioners'' and called upon the
        Government of Ethiopia to ``unequivocally restate its
        acceptance of the Boundary Commission's decision, appoint field
        liaison officers, and pay its dues to and otherwise cooperate
        fully and expeditiously with the Commission''.

SEC. 4. SENSE OF CONGRESS.

    It is the sense of Congress that Ethiopia and Eritrea--
            (1) should take all appropriate actions to implement the
        Algiers Agreements, including by accepting the ``Delimitation
        Decision'' issued by the neutral Boundary Commission on April
        13, 2002, with respect to the boundary between the two
        countries; and
            (2) should fully cooperate with the United Nations Special
        Envoy for Ethiopia-Eritrea, Lloyd Axworthy, whose mandate is
        the implementation of the Algiers Agreements, the Delimitation
        Decision of the Boundary Commission, and the relevant
        resolutions and decisions of the United Nations Security
        Council.

SEC. 5. DECLARATIONS OF POLICY.

    Congress makes the following declarations:
            (1) Congress expresses its support for the Boundary
        Commission established by the Comprehensive Peace Agreement and
        calls on the international community to continue to support the
        United Nations trust fund established to facilitate the process
        of demarcation between Ethiopia and Eritrea and the economic
        and social transition of affected communities to new borders
        determined by the Commission.
            (2) Congress further declares that it shall be the policy
        of the United States to limit United States assistance for
        Ethiopia or Eritrea if either such country is not in compliance
        with, or is not taking significant steps to comply with, the
        terms and conditions of the Algiers Agreements.
            (3) Congress strongly condemns statements by senior
        Ethiopian officials criticizing the Boundary Commission's
        decision and calls on the Government of Ethiopia to immediately
        and unconditionally fulfill its commitments under the Algiers
        Agreements, publicly accept the Boundary Commission's decision,
        and fully cooperate with the implementation of such decision.
            (4) Congress recognizes the acceptance by the Government of
        Eritrea of the Boundary Commission's decision as final and
        binding, but condemns the Government of Eritrea's continued
        refusal to take advantage of the good offices offered by the
        United Nations Secretary General, to work with Special Envoy
        Lloyd Axworthy, or to otherwise engage in dialogue aimed at
        resolving the current impasse, and calls on the President of
        Eritrea to do so without further delay.

SEC. 6. LIMITATIONS ON UNITED STATES ASSISTANCE.

    (a) Limitation on Economic Assistance.--Economic assistance may
only be provided for Ethiopia or Eritrea for any period of time for
which the President determines that Ethiopia or Eritrea (as the case
may be) is in compliance with, or is taking significant steps to comply
with, the terms and conditions of the Algiers Agreements.
    (b) Limitation on Military Assistance and Arms Transfers.--Military
assistance and arms transfers may only be provided for Ethiopia or
Eritrea for any period of time for which the President determines that
Ethiopia or Eritrea (as the case may be) is in compliance with, or is
taking significant steps to comply with, the terms and conditions of
the Algiers Agreements.
    (c) Exceptions.--The limitation on assistance under subsections (a)
and (b) shall not apply with respect to humanitarian assistance (such
as food or medical assistance), assistance to protect or promote human
rights, and assistance to prevent, treat, and control HIV/AIDS.
    (d) Waiver.--The President may waive the application of subsection
(a) or (b) with respect to Ethiopia or Eritrea, particularly for the
provision of peacekeeping assistance or counterterrorism assistance, if
the President determines and certifies to the appropriate congressional
committees that it is in the national interests of the United States to
do so.

SEC. 7. INTEGRATION AND BORDER DEVELOPMENT INITIATIVE.

    (a) Assistance.--After the date on which the border demarcation
between Ethiopia and Eritrea is finalized (consistent with the decision
of the Boundary Commission established by the Comprehensive Peace
Agreement), the President shall establish and carry out an initiative
in conjunction with the Governments of Ethiopia and Eritrea under which
assistance is provided to reduce the adverse humanitarian impacts on
the populations of the border region, prevent conflict which might
result from the demarcation process, and further social and economic
development projects that are identified and evaluated by local
authorities to establish sustainable integration, development, and
trade at the border region.
    (b) Project Examples.--Examples of development projects referred to
in subsection (a) are--
            (1) startup initiatives, including farming projects, to
        promote community economic development and the free flow of
        trade across the border between the two countries;
            (2) generous compensation packages for families displaced
        by the border demarcation and support for relocation;
            (3) effective mechanisms for managing movement of persons
        across the border between the two countries;
            (4) an increase in the supply of basic services in the
        border region, including water, sanitation, housing, health
        care, and education; and
            (5) support for local efforts to reinforce peace and
        reconciliation in the border region.

SEC. 8. REPORT.

    Until the date on which the border demarcation between Ethiopia and
Eritrea is finalized, the President shall prepare and transmit on a
regular basis to the appropriate congressional committees a report that
contains a description of progress being made toward such demarcation,
including the extent to which Ethiopia and Eritrea are in compliance
with, or are taking significant steps to comply with, the terms and
conditions of the Algiers Agreements, and are otherwise cooperating
with internationally-sanctioned efforts to resolve the current impasse.

            Passed the House of Representatives October 8, 2004.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.

Summary: Resolution of the Ethiopia-Eritrea Border Dispute Act of 2004 - Expresses the sense of Congress that both Ethiopia and Eritrea should: (1) take all appropriate actions to implement the Algiers Agreements, including by accepting the Delimitation Decision issued by the neutral Boundary Commission on April 13, 2002, with respect to the boundary between the two countries. And (2) fully cooperate with the United Nations (UN) Special Envoy for Ethiopia-Eritrea. Declares that: (1) Congress expresses its support for the Boundary Commission established by the Comprehensive Peace Agreement and calls on the international community to continue to support the UN trust fund to facilitate the demarcation process between Ethiopia and Eritrea and the economic and social transition of affected communities to new borders. (2) it shall be US policy to limit US assistance for Ethiopia or Eritrea if either country is not in compliance with, or is not taking significant steps to comply with the Algiers Agreements. And (3) Congress strongly condemns statements by senior Ethiopian officials criticizing the Boundary Commission's decision and calls on the Government of Ethiopia to accept the Commission's decision. States that economic and military assistance for Ethiopia or Eritrea may only be provided for any period of time for which the President determines that either Ethiopia or Eritrea is in compliance with, or is taking significant steps to comply with, the Algiers Agreements. Authorizes presidential waiver of such provision for national security purposes. Exempts from such provision assistance for humanitarian or human rights purposes, or for HIVAIDS control. Directs the President to establish, after finalization of the Ethiopian-Eritrean border demarcation, an integration and border development initiative, including projects to: (1) increase basic services, (2) develop free trade and community development. And (3) reinforce peace and reconciliation. Sets forth presidential reporting requirements.

To limit United States assistance for Ethiopia and Eritrea if those countries are not in compliance with the terms and conditions of agreements entered into by the two countries to end hostilities and provide for a demarcation of the border between the two countries, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Community Protection and
Preparedness Act of 2016''.

SEC. 2. RAIL SPILL PREPAREDNESS FUND.

    (a) In General.--Chapter 51 of title 49, United States Code, is
amended by inserting after section 5110 the following:
``Sec. 5111. Rail spill preparedness fund
    ``(a) Establishment of Rail Account.--There is established in the
Oil Spill Liability Trust Fund a separate account to be known as the
`Rail Account' consisting of such amounts as may be appropriated,
credited, deposited, or transferred to such account as provided in this
section.
    ``(b) Fee for Certain Railroad Tank Cars Transporting Class 3
Flammable Liquids.--Not later than October 1, 2017, and annually
thereafter, the Secretary shall impose a fee of $1,500 for each DOT-111
specification railroad tank car, including each CPC-1232 tank car, used
to transport Class 3 flammable liquids during the previous fiscal year
that, at the time such tank car was used, did not meet the DOT-117,
DOT-117P, or DOT-117R specifications in part 179 of title 49, Code of
Federal Regulations. Such fee shall be--
            ``(1) paid by each person who causes such liquids to be
        transported by such a tank car in commerce; and
            ``(2) imposed regardless of--
                    ``(A) train composition; or
                    ``(B) the phase-out schedule under section 7304(b)
                of the FAST Act (49 U.S.C. 20155 note).
    ``(c) Limitation.--A fee imposed pursuant to subsection (b) may not
be imposed on a railroad carrier that transports Class 3 flammable
liquids.
    ``(d) Means of Collection.--The Secretary shall prescribe
procedures to collect the fees described in subsection (b). The
Secretary may use a department, agency, or instrumentality of the
United States Government or of a State or local government to collect
the fee and may reimburse the department, agency, or instrumentality a
reasonable amount for its services.
    ``(e) Deposits.--Amounts equivalent to the fees collected pursuant
to subsection (b) shall be deposited into the Rail Account.
    ``(f) Expenditures.--Amounts deposited pursuant to subsection (e)
shall be available to the Secretary, without need of further
appropriation, only for the following purposes:
            ``(1) The payment of removal and remediation costs and
        other costs, expenses, claims, and damages related to an
        accident or incident involving the transportation of Class 3
        flammable liquids by rail.
            ``(2) For the Secretary to make grants to States and Indian
        tribes to--
                    ``(A) to develop, improve, and carry out emergency
                plans under the Emergency Planning and Community Right-
                To-Know Act of 1986 (42 U.S.C. 11001 et seq.) related
                to an accident or incident involving the transportation
                of Class 3 flammable liquids by rail, including
                ascertaining flow patterns of Class 3 flammable liquids
                on lands under the jurisdiction of a State or Indian
                tribe and lands of another State or Indian tribe;
                    ``(B) to develop and train regional hazardous
                material emergency response teams to prepare for an
                accident or incident involving the transportation of
                Class 3 flammable liquids by rail;
                    ``(C) to train public sector employees to respond
                to accidents and incidents involving the transportation
                of Class 3 flammable liquids by rail consistent with
                the requirements of section 5116; and
                    ``(D) for any other measures that the Secretary, in
                consultation with States and Indian tribes, determines
                necessary to assist such States and Indian tribes in
                preparing for accidents and incidents involving the
                transportation of Class 3 flammable liquids by rail.
    ``(g) Public Sector Training Standards.--To the extent that a grant
under subsection (f) is used to train emergency responders, the State
or Indian tribe shall ensure that the emergency responders who receive
training under the grant have the ability to protect nearby persons,
property, and the environment from the effects of accidents or
incidents involving the transportation of hazardous material in
accordance with existing regulations or National Fire Protection
Association standards for competence of responders to accidents and
incidents involving hazardous materials, including the transportation
of Class 3 flammable liquids by rail.
    ``(h) No Effect on Compliance or Liability Under Federal or State
Law.--Nothing in this section may be construed to affect or limit the
application of, obligation to comply with, or liability under any
Federal or State law.
    ``(i) Definitions.--
            ``(1) Class 3 flammable liquid.--The term `Class 3
        flammable liquid' has the meaning given the term flammable
        liquid in section 173.120(a) of title 49, Code of Federal
        Regulations.
            ``(2) Railroad carrier.--The term `railroad carrier' has
        the meaning given such term in section 20102.''.
    (b) Conforming Amendment.--The analysis for chapter 51 of title 49,
United States Code, is amended by inserting after the item relating to
section 5110 the following new item:

``5111. Rail spill preparedness fund.''.

SEC. 3. INCREASED INSPECTIONS OF CERTAIN RAIL TRACK.

    (a) In General.--Not later than 9 months after the date of
enactment of this Act, the Secretary of Transportation shall issue such
regulations as are necessary to require each Class I railroad carrier
to inspect all track where an accident or incident involving the
transportation of flammable liquids or material poisonous or toxic by
inhalation by rail could affect a high consequence area, in accordance
with a schedule prescribed by the Secretary.
    (b) Method of Inspection.--The inspections required under
subsection (a) shall be carried out--
            (1) on foot; and
            (2) periodically, by a gage restraint measurement system,
        as described in section 213.110 of title 49, Code of Federal
        Regulations.
    (c) Remedial Action.--If the individual making an inspection
required under subsection (a) finds a deviation from the requirements
of part 213 of title 49, Code of Federal Regulations, the individual
shall immediately initiate remedial action.
    (d) Other Railroad Carriers.--Nothing in this section shall be
construed to restrict the discretion of the Secretary to require
railroad carriers other than Class I railroad carriers to inspect track
in accordance with this section. In exercising such discretion, the
Secretary shall consider the risk to the public and to railroad
employees associated with the operations of the railroad carrier and
the transportation of flammable liquids or material poisonous or toxic
by inhalation by rail.
    (e) Definitions.--In this section:
            (1) High consequence area.--The term ``high consequence
        area'' means--
                    (A) a commercially navigable waterway, which means
                a waterway where a substantial likelihood of commercial
                navigation exists;
                    (B) a high population area, which means an
                urbanized area, as defined and delineated by the Census
                Bureau, that contains 50,000 or more people and has a
                population density of at least 1,000 people per square
                mile;
                    (C) an other populated area, which means a place,
                as defined and delineated by the Census Bureau, that
                contains a concentrated population, such as an
                incorporated or unincorporated city, town, village, or
                other designated residential or commercial area; or
                    (D) an unusually sensitive area, including a
                drinking water or ecological resource area that is
                unusually sensitive to environmental damage.
            (2) Material poisonous or toxic by inhalation.--The term
        ``material poisonous or toxic by inhalation'' has the meaning
        given the terms material poisonous by inhalation and material
        toxic by inhalation in section 171.8 of title 49, Code of
        Federal Regulations.
            (3) Other definitions.--The definitions contained in
        section 20102 of title 49, United States Code, shall apply to
        this section.

SEC. 4. TRACK SAFETY SPECIALISTS.

    There are authorized to be appropriated such sums as may be
necessary for the Administrator of the Federal Railroad Administration
to hire a minimum of 2 additional track safety specialists per region.

Summary: Community Protection and Preparedness Act of 2016 This bill requires the Department of Transportation (DOT), annually, to impose a $1,500 fee for each DOT-111 specification railroad tank car used to transport Class 3 flammable liquids during the previous fiscal year that did not meet DOT-117, DOT-117P, or DOT-117R specifications at the time it was used. Such fee shall be paid by each person who causes such liquids to be transported by such car in commerce and not by the railroad carrier that transports such liquids. Collected fees shall be deposited into a Rail Account established within the Oil Spill Liability Trust Fund and shall be available only for: (1) the payment of removal and remediation costs and other costs, expenses, claims, and damages related to an accident or incident involving the transportation of Class 3 flammable liquids by rail. And (2) DOT grants to states and Indian tribes to develop emergency plans and to train regional hazardous material emergency response teams and public employees responding to such an accident or incident. DOT shall issue such regulations as necessary to require each Class I railroad carrier to inspect all track where an accident or incident involving the transportation by rail of flammable liquids or material poisonous or toxic by inhalation could affect a quot, high consequence areaquot. . The inspections shall be carried out on foot and by a gage restraint measurement system. An inspector who finds a deviation from requirements regarding track safety standards shall immediately initiate remedial action. Necessary amounts are authorized for the Federal Railroad Administration to hire at least two additional track safety specialists per region.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Expedited CARD Reform for Consumers
Act of 2009''.

SEC. 2. EARLIER EFFECTIVE DATE FOR CREDIT CARD PROVISIONS OF THE CREDIT
              CARD ACT OF 2009.

    Section 3 of the Credit Card Accountability Responsibility and
Disclosure Act of 2009 (15 U.S.C. 1602 note) is amended--
            (1) by striking ``This Act'' and inserting ``(a) In
        General.--This Act''; and
            (2) by adding at the end the following new subsections:
    ``(b) Certain Credit Card Provisions.--Except as otherwise
specifically provided in this Act, titles I, II, and III, and the
amendments made by such titles, shall take effect on the date of the
enactment of the Expedited CARD Reform for Consumers Act of 2009.
    ``(c) Certain Credit Card Issuers.--Except as otherwise
specifically provided in this Act and notwithstanding subsection (b),
the effective date established under subsection (a) shall apply with
respect to the application of titles I, II, and III, and the amendments
made by such titles, to any credit card issuer which is a depository
institution (as defined in section 19(b)(1)(A) of the Federal Reserve
Act) with fewer than 2,000,000 credit cards in circulation as of the
date of the enactment of this Act.''.

SEC. 3. EARLIER EFFECTIVE DATES FOR SPECIFIC PROVISIONS TO PREVENT
              FURTHER ABUSES.

    (a) Review of Past Consumer Interest Rate Increases.--Section
148(d) of the Truth in Lending Act (15 U.S.C. 1665c(d)) (as added by
section 101(c) of the Credit Card Accountability Responsibility and
Disclosure Act of 2009) is amended--
            (1) by striking ``9 months after the date of enactment of
        this section'' and inserting ``the date of the enactment of the
        Expedited CARD Reform for Consumers Act of 2009, except that
        for a depository institution, as defined in section 19(b)(1)(A)
        of the Federal Reserve Act (12 U.S.C. 461(b)(1)(A)), with fewer
        than 2 million credit cards in circulation on the date of the
        enactment of the Expedited CARD Reform for Consumers Act of
        2009, the effective date shall be February 22, 2010,''; and
            (2) by striking ``become effective 15 months after that
        date of enactment'' and inserting ``take effect on the date of
        the enactment of the Expedited CARD Reform for Consumers Act of
        2009, except that for a depository institution, as defined in
        section 19(b)(1)(A) of the Federal Reserve Act (12 U.S.C.
        461(b)(1)(A)), with fewer than 2 million credit cards in
        circulation on the date of the enactment of the Expedited CARD
        Reform for Consumers Act of 2009, the effective date shall be
        August 22, 2010''.
    (b) Requirement That Penalty Fees Be Reasonable and Proportional to
the Violation.--Section 149(b) of the Truth in Lending Act (15 U.S.C.
1665d(b)) (as added by section 102(b) of the Credit Card Accountability
Responsibility and Disclosure Act of 2009) is amended--
            (1) by striking ``9 months after the date of enactment of
        this section,'' and inserting ``the date of the enactment of
        the Expedited CARD Reform for Consumers Act of 2009, except
        that for a depository institution, as defined in section
        19(b)(1)(A) of the Federal Reserve Act (12 U.S.C.
        461(b)(1)(A)), with fewer than 2 million credit cards in
        circulation on the date of the enactment of the Expedited CARD
        Reform for Consumers Act of 2009, the effective date shall be
        February 22, 2010,''; and
            (2) by striking ``become effective 15 months after the date
        of enactment of the section'' and inserting ``take effect on
        the date of the enactment of the Expedited CARD Reform for
        Consumers Act of 2009, except that for a depository
        institution, as defined in section 19(b)(1)(A) of the Federal
        Reserve Act (12 U.S.C. 461(b)(1)(A)), with fewer than 2 million
        credit cards in circulation on the date of the enactment of the
        Expedited CARD Reform for Consumers Act of 2009, the effective
        date shall be August 22, 2010''.

SEC. 4. CLARIFICATION THAT 45-DAY DELAY DOES NOT APPLY TO REDUCTIONS IN
              INTEREST RATES AND FEES.

    Subsection (i) of section 127 of the Truth in Lending Act (15
U.S.C. 1637) (as added by section 101(a)(1) of the Credit CARD Act of
2009) is amended by adding at the end the following new paragraph:
            ``(5) Clarification.--No provision of this subsection shall
        be construed as preventing any creditor from putting any
        reduction in an annual percentage rate, any decrease or
        elimination of any fee imposed on any consumer, or any
        significant change in terms solely or primarily for the benefit
        of the consumer into effect immediately.''.

SEC. 5. MORATORIUM ON INCREASES IN RATES AND FEES AND CHANGES IN TERMS
              TO THE DETRIMENT OF THE CONSUMER.

    Notwithstanding any other provision of this Act or any amendment
made by this Act, subsection (b) of section 164 of the Truth in Lending
Act (as added by section 104(4) of the Credit Card Accountability
Responsibility and Disclosure Act of 2009 (Public Law 111-24)) shall
not take effect until February 22, 2010, for any creditor with respect
to an existing credit card account under an open end credit plan, or
such a plan issued on or after the date of enactment, as long as the
creditor does not--
            (1) increase any annual percentage rate, fee, or finance
        charge applicable to any existing or future balance, except as
        permitted under subsection 171(b) of the Truth in Lending Act
        (as added by Public Law 111-24); or
            (2) change the terms to the detriment of a consumer,
        including terms governing the repayment of any outstanding
        balance, except as provided in section 171(c) of the Truth in
        Lending Act (as added by Public Law 111-24).

SEC. 6. ADDITIONAL LIMITATIONS ESTABLISHED.

    Section 127 of the Truth in Lending Act (15 U.S.C. 1637) is amended
by inserting after subsection (r) (as added by the Credit CARD Act of
2009) the following new subsection:
    ``(s) Cancellation of Account Without Detrimental Effect.--If, in
the case of a credit card account under an open end consumer credit
plan, the consumer receives notice of the imposition of a new fee, and
within the 45-day period beginning on receipt of such notice, pays off
any outstanding balance on the account, no creditor and no consumer
reporting agency (as defined in section 603) may use such pay off or
closure of the consumer credit account to negatively impact the
consumer's credit score or consumer report (as such terms are defined
in sections 609 and 603, respectively).''.

SEC. 7. MORATORIUM ON RATE INCREASES.

    (a) In General.--During the period beginning on the date of the
enactment of this Act and ending 9 months after the date of the
enactment of the Credit Card Accountability Responsibility and
Disclosure Act of 2009, in the case of any credit card account under an
open end consumer credit plan--
            (1) no creditor may increase any annual percentage rate,
        fee, or finance charge applicable to any outstanding balance,
        except as permitted under subsection 171(b) of the Truth in
        Lending Act (as added by Public Law 111-24); and
            (2) no creditor may change the terms governing the
        repayment of any outstanding balance, except as set forth in
        section 171(c) of the Truth in Lending Act (as added by Public
        Law 111-24).
    (b) Definitions.--For purposes of this section, the following
definitions shall apply:
            (1) Annual percentage rate.--The term ``annual percentage
        rate'' means an annual percentage rate, as determined under
        section 107 of the Truth in Lending Act (15 U.S.C. 1606).
            (2) Finance charge.--The term ``finance charge'' means a
        finance charge, as determined under section 106 of the Truth in
        Lending Act (15 U.S.C. 1605).
            (3) Outstanding balance.--The term ``outstanding balance''
        has the same meaning as in section 171(d) of the Truth in
        Lending Act (as added by Public Law 111-24).
            (4) Other terms.--Any term used in this section that is
        defined in section 103 of the Truth in Lending Act (15 U.S.C.
        1602) and is not otherwise defined in this section shall have
        the same meanings as in section 103 of the Truth in Lending
        Act.
    (c) Regulatory Authority.--
            (1) In general.--The Board of Governors of the Federal
        Reserve System may prescribe such regulations as may be
        necessary to carry out this section.
            (2) Effective date.--The provisions of this section shall
        take effect upon the date of the enactment of this title,
        regardless of whether rules are issued under subsection (a).

            Passed the House of Representatives November 4, 2009.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.

Summary: Expedited CARD Reform for Consumers Act of 2009 - Amends the Credit Card Accountability Responsibility and Disclosure Act of 2009 to: (1) make Title I: Consumer Protection, Title II: Enhanced Consumer Disclosures, and Title III: Protection of Young Consumers effective as of the date of enactment of this Act. And (2) make February 22, 2010, the effective date of such titles for a depository institution with fewer than two million credit cards in circulation on the date of the enactment of the Credit CARD Act of 2009. Amends the Truth in Lending Act (TILA) to make conforming amendments with respect to review of past consumer interest rate increases. Amends TILA to move to the date of enactment of this Act: (1) the deadline by which the Board of Governors of the Federal Reserve System (Board) must issue final implementing rules for required creditor reviews of changes in factors considered in past consumer annual percentage interest rate (APR) increases when determining whether to reduce the APR. And (2) the effective date of the creditor review requirement. But makes February 22, 2010, the rules deadline, and August 22, 2010, the effective date of the creditor review requirement governing a depository institution that has fewer than two million credit cards in circulation on the date of the enactment of this Act. Declares the date of enactment of this Act: (1) the effective date of the requirement that any penalty fee or charge that a credit card issuer may impose, including a late payment fee, over-the-limit fee, or any other penalty fee or charge, be reasonable and proportional to the omission or violation to which it relates. And (2) the deadline for the Board to issue final implementing rules establishing standards for assessing whether any such penalty fee or charge is reasonable and proportional. But makes February 22, 2010, the rules deadline, and August 22, 2010, the effective date of the reasonable and proportional requirement itself, with respect to a depository institution with fewer than two million credit cards in circulation on the date of the enactment of this Act. States that TILA does not prevent a creditor from putting into effect immediately: (1) any reduction in APR. (2) elimination or reduction of any fee imposed on a consumer. Or (3) any significant change in terms for the benefit of the consumer. Defers until February 22, 2010, the effective date of the new requirement under the Act that a credit card issuer must apply amounts in excess of the minimum payment amount first to the card balance bearing the highest rate of interest. Conditions this moratorium, however, on the creditor's refraining from: (1) increasing any APR, or fees or finance charges applicable to any existing or future balance. Or (2) changing the account terms to the detriment of a consumer, including repayment of any outstanding balance . Amends TILA to prohibit either a creditor or a consumer reporting agency from using the pay off or closure of a consumer credit card account under an open end consumer credit plan to negatively impact the consumer's credit score or consumer report when the consumer pays off an outstanding account balance within 45 days after receiving notice of the imposition of a new fee. Imposes a limited moratorium on APR, fee, and finance charge increases, beginning on the date of enactment of this Act. Prohibits a creditor, during the moratorium period, from: (1) increasing any APR, fee, or finance charge applicable to any outstanding balance of a credit card account under an open end consumer credit plan. Or (2) changing the repayment terms of an outstanding balance . Ends such moratorium nine months after the date of enactment of the Credit Card Accountability Responsibility and Disclosure Act of 2009 .

To amend the Credit Card Accountability Responsibility and Disclosure Act of 2009 to establish an earlier effective date for various consumer protections, and for other purposes.


SECTION 1. POTENTIAL PROBLEM OFFICER EARLY WARNING PROGRAMS.

    (a) Declarations.--The Congress finds and declares that--
            (1) police brutality is a problem of deep concern; and
            (2) the Congress has an interest in assisting local units
        in creating early warning systems that are effective,
        resilient, and affordable to the local units.
    (b) Definition.--In this Act, ``potential problem officer early
warning program'' means a system of procedures that is designed to--
            (1) identify police officers who have been the subject of
        an excessive number of legitimate complaints of excessive use
        of force by members of the public or have otherwise
        demonstrated the potentiality of having difficulty dealing
        appropriately with members of the public;
            (2) provide assistance to such officers in avoiding such
        difficulty in the future, including the provision of training
        in communication techniques, conflict resolution, and stress
        management; and
            (3) apply discipline where appropriate.
    (c) Evaluation and Report.--
            (1) Evaluation.--The Attorney General, acting through the
        Director of the National Institute of Justice, shall--
                    (A) conduct an evaluation of potential problem
                officer early warning programs that are being or have
                been utilized by units of local government, including
                analyses of--
                            (i) the effect on such programs of factors
                        such as the population and geographic size and
                        characteristics of a jurisdiction and the
                        ability of such programs to adjust in a
                        resilient manner to changes in such factors;
                            (ii) the potential savings that local
                        governments can realize from the operation of
                        such programs as a result of the reduction in
                        the number of citizen complaints, the reduction
                        in the number of occasions in which it is
                        necessary to change the duty assignments of or
                        to dismiss (and replace) problem officers, and
                        other beneficial effects;
                            (iii) the positive and negative effects
                        that such programs may have on the law
                        enforcement system, such as their effect on
                        police morale and the ability of police
                        officers to perform their law enforcement
                        duties;
                            (iv) the ability of such programs to ensure
                        the exoneration of officers whose conduct is
                        proper while identifying those whose conduct
                        indicates the necessity or desirability of
                        prophylactic action; and
                            (v) the costs of establishing such programs
                        and of operating and monitoring the
                        effectiveness of such programs on a permanent
                        basis;
                    (B) develop a model early warning system that is
                effective, capable of adjusting to changing
                circumstances, and affordable to units (or combinations
                of units) of local government of jurisdictions (or
                combinations of jurisdictions) with populations of
                50,000 or more; and
                    (C) prepare and disseminate to the law enforcement
                community, including Federal, State and local law
                enforcement agencies, findings and recommendations made
                as a result of the evaluation for the establishment of
                such programs.
            (2) Report.--On or before October 1, 1994, the Attorney
        General shall submit to Congress a report addressing the
        matters described in paragraph (1), with recommendations
        concerning the need or appropriateness of further action by the
        Federal Government.
            (3) Expenses.--Expenses incurred in conducting the
        evaluation and developing a model potential problem officer
        early warning system under paragraph (1) shall be paid out of
        funds that are available to the National Institute of Justice
        and not specifically appropriated for other purposes, to the
        extent that such funds can be made available without increasing
        the amount of appropriations for the National Institute of
        Justice for any fiscal year over the amount appropriated for
        fiscal year 1993.
    (d) Sense of Congress.--It is the sense of Congress that--
            (1) the Attorney General should, under existing authorities
        and using appropriations available for those authorities and
        funds otherwise available to the Attorney General, make seed
        money grants of up to $25,000 each to units (or combinations of
        units) of local government of jurisdictions (or combinations of
        jurisdictions) of a population of 50,000 or more for the
        purpose of assisting the police department (or other entity
        that performs the functions of a police department) in
        establishing a potential problem officer early warning program;
            (2) a unit of local government should be eligible to
        receive a grant described in subsection (c) if--
                    (A) its police department (or other entity that
                performs the functions of a police department) adopts
                and enforces--
                            (i) a written policy prohibiting the use of
                        unreasonable or unnecessary physical force by
                        law enforcement officers; and
                            (ii) written procedures for receiving and
                        investigating citizen complaints alleging
                        misconduct by law enforcement officers;
                    (B) the program to be funded includes provisions
                for continuing self-monitoring of the program,
                including the provision to the Attorney General of
                information that may be useful in performing the
                evaluation and developing the model program described
                in subsection (d)(1); and
                    (C) the grant recipient demonstrates a commitment
                to the long-term continuance of the program and the
                reduction of the incidence of police brutality;
            (3) a policy described in paragraph (2)(A) should--
                    (A) restrict the use of force to circumstances
                authorized by law and to the degree minimally necessary
                to accomplish a lawful law enforcement purpose; and
                    (B) include procedures for reporting and monitoring
                the use of force by officers within the jurisdiction of
                the department;
            (4) the procedures described in paragraph (2)(B) should
        require that complainants--
                    (A) be allowed to receive copies of their
                complaints;
                    (B) be informed of the findings, disposition, and
                specific disciplinary actions, if any, resulting from
                their complaints; and
                    (C) be permitted to attend any disciplinary
                hearings that result from their complaints;
            (5) a unit (or combination of units) of local government
        should receive grants described in this subsection in amounts
        that do not exceed $50,000 in the aggregate; and
            (6) the total amount of grants described in this subsection
        that are made during fiscal years 1994, 1995, 1996, 1997, and
        1998 should not exceed $5,000,000.

Summary: Directs the Attorney General to: (1) conduct an evaluation of potential problem officer early warning programs utilized by local governments. (2) develop a model early warning system that is effective, capable of adjusting to changing circumstances, and affordable to local governments of jurisdictions with populations of 50,000 or more. And (3) prepare and disseminate findings and recommendations to the law enforcement community for the establishment of such programs. Sets forth provisions regarding: (1) reporting requirements. And (2) payment of expenses incurred in conducting the evaluation and developing a model system. Expresses thhe sense of the Congress that: (1) the Attorney General should make seed money grants of up to $25,000 to local governments for assisting in establishing such programs. And (2) local governments should be eligible if they adopt and enforce policies prohibiting unreasonable or unnecessary force by law enforcement officers and procedures for receiving and investigating citizen complaints.

A bill to require the Attorney General to prepare an evaluation and report on potential problem officer early warning programs and to develop a model potential problem officer early warning program, and to express the sense of the Congress that the Attorney General, under existing authorities, should provide assistance to local jurisdictions in establishing procedures to identify and provide guidance to police officers who demonstrate the potentiality of having difficulty dealing with members of the public on a consistent basis.


SECTION 1. DIVIDENDS OF INDIVIDUALS TAXED AT CAPITAL GAIN RATES.

    (a) In General.--Section 1(h) of the Internal Revenue Code of 1986
(relating to maximum capital gains rate) is amended by adding at the
end the following new paragraph:
            ``(13) Dividends taxed as net capital gain.--
                    ``(A) In general.--For purposes of this subsection,
                the term `net capital gain' means net capital gain
                (determined without regard to this paragraph),
                increased by qualified dividend income.
                    ``(B) Qualified dividend income.--For purposes of
                this paragraph--
                            ``(i) In general.--The term `qualified
                        dividend income' means dividends received from
                        domestic corporations during the taxable year.
                            ``(ii) Certain dividends excluded.--Such
                        term shall not include--
                                    ``(I) any dividend from a
                                corporation which for the taxable year
                                of the corporation in which the
                                distribution is made, or the preceding
                                taxable year, is a corporation exempt
                                from tax under section 501 or 521,
                                    ``(II) any amount allowed as a
                                deduction under section 591 (relating
                                to deduction for dividends paid by
                                mutual savings banks, etc.), and
                                    ``(III) any dividend described in
                                section 404(k).
                            ``(iii) Minimum holding period.--Such term
                        shall not include any dividend on any share of
                        stock with respect to which the holding period
                        requirements of section 246(c) are not met.
                    ``(C) Special rules.--
                            ``(i) Amounts taken into account as
                        investment income.--Qualified dividend income
                        shall not include any amount which the taxpayer
                        takes into account as investment income under
                        section 163(d)(4)(B).
                            ``(ii) Nonresident aliens.--In the case of
                        a nonresident alien individual, subparagraph
                        (A) shall apply only--
                                    ``(I) in determining the tax
                                imposed for the taxable year pursuant
                                to section 871(b) and only in respect
                                of amounts which are effectively
                                connected with the conduct of a trade
                                or business within the United States,
                                and
                                    ``(II) in determining the tax
                                imposed for the taxable year pursuant
                                to section 877.
                            ``(iii) Treatment of dividends from
                        regulated investment companies and real estate
                        investment trusts.--

                                ``For treatment of dividends from
regulated investment companies and real estate investment trusts, see
sections 854 and 857.''
    (b) Exclusion of Dividends From Investment Income.--Subparagraph
(B) of section 163(d)(4) of the Internal Revenue Code of 1986 (defining
net investment income) is amended by adding at the end the following
flush sentence:
                ``Such term shall include qualified dividend income (as
                defined in section 1(h)(13)(B)) only to the extent the
                taxpayer elects to treat such income as investment
                income for purposes of this subsection.''
    (c) Treatment of Dividends From Regulated Investment Companies.--
            (1) Subsection (a) of section 854 of the Internal Revenue
        Code of 1986 (relating to dividends received from regulated
        investment companies) is amended by inserting ``section
        1(h)(13) (relating to maximum rate of tax on dividends and
        interest) and'' after ``For purposes of''.
            (2) Paragraph (1) of section 854(b) of such Code (relating
        to other dividends) is amended by redesignating subparagraph
        (B) as subparagraph (C) and by inserting after subparagraph (A)
        the following new subparagraph:
                    ``(B) Maximum rate under section 1(h).--
                            ``(i) In general.--If the aggregate
                        dividends received by a regulated investment
                        company during any taxable year is less than 95
                        percent of its gross income, then, in computing
                        the maximum rate under section 1(h)(13), rules
                        similar to the rules of subparagraph (A) shall
                        apply.
                            ``(ii) Gross income.--For purposes of
                        clause (i), in the case of 1 or more sales or
                        other dispositions of stock or securities, the
                        term `gross income' includes only the excess
                        of--
                                    ``(I) the net short-term capital
                                gain from such sales or dispositions,
                                over
                                    ``(II) the net long-term capital
                                loss from such sales or dispositions.''
            (3) Subparagraph (C) of section 854(b)(1) of such Code, as
        redesignated by paragraph (2), is amended by striking
        ``subparagraph (A)'' and inserting ``subparagraph (A) or (B)''.
            (4) Paragraph (2) of section 854(b) of such Code is amended
        by inserting ``the maximum rate under section 1(h)(13) and''
        after ``for purposes of''.
    (d) Treatment of Dividends Received From Real Estate Investment
Trusts.--Section 857(c) of the Internal Revenue Code of 1986 (relating
to restrictions applicable to dividends received from real estate
investment trusts) is amended to read as follows:
    ``(c) Restrictions Applicable To Dividends Received From Real
Estate Investment Trusts.--For purposes of section 1(h)(13) (relating
to maximum rate of tax on dividends) and section 243 (relating to
deductions received by corporations), a dividend received from a real
estate investment trust which meets the requirements of this part shall
not be considered a dividend.''
    (e) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2002.

Summary: Amends the Internal Revenue Code to provide that dividend income shall be taxed as net capital gain.

A bill to amend the Internal Revenue Code of 1986 to provide that dividend income of individuals not be taxed at rates in excess of the maximum capital gains rate.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Enhancing Teaching Standards and
License Portability Act of 2007''.

SEC. 2. TEACHING STANDARDS AND LICENSE PORTABILITY.

    Part C of title II of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6671 et seq.) is amended by adding at the end the
following:

        ``Subpart 6--Teaching Standards and License Portability

``SEC. 2371. PURPOSES.

    ``The purposes of this subpart are the following:
            ``(1) To support the development of rigorous kindergarten
        through grade 12 teaching standards that incorporate 21st
        century learning skills.
            ``(2) To create incentives for States to adopt, pilot, and
        implement such rigorous kindergarten through grade 12 teaching
        standards.
            ``(3) To create incentives for States to align the States'
        teacher licensing systems to such rigorous kindergarten through
        grade 12 teaching standards.
            ``(4) To create incentives for States to develop policies
        to facilitate teacher license portability across States in
        order to improve the capacity of States to collaboratively
        address teacher shortages.

``SEC. 2372. DEFINITIONS.

    ``In this subpart:
            ``(1) Core teaching standards.--The term `core teaching
        standards' means standards that all beginning teachers should
        know and be able to teach in order to practice responsibly,
        regardless of the subject matter or grade level being taught.
            ``(2) Eligible entity.--The term `eligible entity' means an
        organization representing administrators of State educational
        agencies in partnership with 1 or more independent professional
        organizations with expertise in the following areas:
                    ``(A) Teacher preparation and licensure.
                    ``(B) Assessment of teacher knowledge, skills, and
                competencies.
            ``(3) 21st century learning skills.--The term `21st century
        learning skills' means the skills, knowledge, and competencies
        that students should master to succeed in postsecondary
        education and the workforce of the 21st century, including
        creativity and innovation skills, critical thinking and
        problem-solving skills, communication and collaboration skills,
        information and technology literacy, civic and health literacy,
        adaptability, social and cross-cultural skills, and leadership
        skills.

``SEC. 2373. GRANT PROGRAM AUTHORIZED.

    ``(a) Authorization.--The Secretary is authorized to award a
competitive grant to an eligible entity to enable such entity to carry
out the following:
            ``(1) The development or updating of core teaching
        standards and content-specific kindergarten through grade 12
        teaching standards that are rigorous and incorporate 21st
        century learning skills and recent research and expert
        knowledge on teaching practices.
            ``(2) The development of teacher assessments linked to the
        kindergarten through grade 12 teaching standards that can be
        used for licensing, are valid and reliable, and are
        performance-based.
            ``(3) The awarding of subgrants as described in subsection
        (b)(2) to State educational agencies.
            ``(4) The provision of technical assistance to States in
        the adoption, pilot testing, and implementation of kindergarten
        through grade 12 teaching standards and teacher assessments as
        described in paragraph (2).
            ``(5) The provision of technical assistance to States to
        facilitate teacher license portability across States through
        changes in relevant State policies or the creation of new
        policies for such purpose.
    ``(b) Uses of Funds.--
            ``(1) Direct activities.--
                    ``(A) First and second years.--An eligible entity
                that receives a grant under subsection (a) shall use
                100 percent of the funds made available through the
                grant for the first and second fiscal years--
                            ``(i) to develop or update the core
                        teaching standards and content-specific
                        kindergarten through grade 12 teaching
                        standards; and
                            ``(ii) to develop and pilot test teacher
                        performance assessments that can be used to
                        supplement or supplant current State licensing
                        exams.
                    ``(B) Third year and beyond.--An eligible entity
                that receives a grant under subsection (a) shall use
                not more than 40 percent of the funds made available
                through the grant for the third fiscal year, not more
                than 30 percent of the funds made available through the
                grant for the fourth fiscal year, and not more than 20
                percent of the funds made available through the grant
                for the fifth fiscal year--
                            ``(i) to continue pilot testing and
                        validating the teacher performance assessments;
                            ``(ii) to disseminate the kindergarten
                        through grade 12 teaching standards,
                        assessments, and any other materials that
                        States may need to properly evaluate and adopt
                        such standards, assessments, and materials;
                            ``(iii) to provide technical assistance to
                        States in--
                                    ``(I) adopting the kindergarten
                                through grade 12 teaching standards;
                                    ``(II) pilot testing the teacher
                                assessments; and
                                    ``(III) reliably and accurately
                                administering and interpreting the
                                teacher assessments; and
                            ``(iv) to fund research activities that
                        further the development of kindergarten through
                        grade 12 teaching standards and assessments.
            ``(2) Subgrants.--An eligible entity that receives a grant
        under subsection (a) shall use not less than 60 percent of the
        funds made available through the grant for the third fiscal
        year, not less than 70 percent of the funds made available
        through the grant for the fourth fiscal year, and not less than
        80 percent of the funds made available through the grant for
        the fifth fiscal year to award subgrants to State educational
        agencies to pay the Federal share of the costs of carrying out
        the following activities in the States:
                    ``(A) To adopt the core teaching standards and
                content-specific kindergarten through grade 12 teaching
                standards developed or updated by the eligible entity.
                    ``(B) To align the States' teacher licensing
                systems to such standards, which may include the pilot
                testing and use of teacher assessments developed by the
                eligible entity under paragraph (1)(A)(ii).
                    ``(C) To change relevant policies or introduce new
                policies to facilitate teacher license portability
                across the States.

``SEC. 2374. APPLICATIONS.

    ``(a) Grant Application.--
            ``(1) In general.--An eligible entity that desires a grant
        under this subpart shall submit to the Secretary an application
        at such time, in such manner, and accompanied by such
        information as the Secretary may require.
            ``(2) Contents.--In an application submitted under
        paragraph (1), an eligible entity shall include, at a minimum,
        a description of the capability of the entity to carry out
        section 2373(b).
    ``(b) Subgrant Application.--
            ``(1) In general.--A State educational agency that desires
        a subgrant under this subpart shall submit an application to
        the eligible entity at such time, in such manner, and
        accompanied by such information as the eligible entity may
        require.
            ``(2) Contents.--In an application submitted under
        paragraph (1), a State educational agency shall include, at a
        minimum, a description of how the agency plans to carry out the
        activities described in subparagraphs (A), (B), and (C) of
        section 2373(b)(2).

``SEC. 2375. FEDERAL SHARE.

    ``(a) Federal Share.--For State educational agencies receiving a
subgrant under section 2371(b)(2), the Federal share of the cost of
carrying out the activities described in subparagraphs (A), (B), and
(C) of section 2371(b)(2) shall be 50 percent.
    ``(b) Payment of Non-Federal Share.--The non-Federal share may be
paid in cash or in kind (fairly evaluated).

``SEC. 2376. REPORTS TO CONGRESS.

    ``Not later than 2 years after the date funds are first made
available to carry out this subpart, and again 2 years thereafter, the
Comptroller General of the United States shall submit to the
appropriate committees of Congress a report regarding activities
assisted under this subpart.

``SEC. 2377. SUPPLEMENT, NOT SUPPLANT.

    ``Funds made available to carry out this subpart shall be used to
supplement, and not supplant, other Federal, State, and local funds
available to carry out the [purposes described in section 2371].

``SEC. 2378. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to carry out this
subpart--
            ``(1) $4,000,000 for each of fiscal years 2008 and 2009;
        and
            ``(2) $10,000,000 for each of fiscal years 2010, 2011, and
        2012.''.

Summary: Enhancing Teaching Standards and License Portability Act of 2007 - Amends the Elementary and Secondary Education Act of 1965 to authorize the Secretary of Education to award a competitive grant to a partnership between an organization representing state educational agency administrators and one or more independent professional organizations that have teacher preparation, licensure, and assessment expertise to: (1) enhance kindergarten through grade 12 teaching standards. (2) develop performance-based teaching assessments that are linked to such standards and can be used for licensing. And (3) provide technical assistance and matching subgrants to states to adopt such teaching standards and assessments, align their licensing systems to such standards, and facilitate teacher license portability across the states.

A bill to amend title II of the Elementary and Secondary Education Act of 1965 to enhance teaching standards and provide for license portability.


SECTION 1. EXTENSION.
    (a) In General.--Chapter 5 of subtitle B of the Agricultural
Marketing Act of 1946 (7 U.S.C. 1636 et seq.) is amended by adding at
the end the following new section:
    ``SEC. 260. TERMINATION OF AUTHORITY.
    ``The authority provided by this subtitle terminates on September
30, 2010.''.
    (b) Conforming Amendment and Extension.--Section 942 of the
Livestock Mandatory Reporting Act of 1999 (7 U.S.C. 1635 note; Public
Law 106-78) is amended by striking ``terminate on September 30, 2005''
and inserting ``(other than section 911 of subtitle A and the
amendments made by that section) terminate on September 30, 2010''.
SEC. 2. DEFINITIONS.
    (a) Base Market Hogs.--Section 231(4) of the Agricultural Marketing
Act of 1946 (7 U.S.C. 1635i(4)) is amended to read as follows:
        ``(4) Base market hog.--The term `base market hog' means a
    barrow or gilt for which no discounts are subtracted from and no
    premiums are added to the base price.''.
    (b) Boars.--Section 231(5) of such Act (7 U.S.C. 1635i(5)) is
amended to read as follows:
        ``(5) Boar.--The term `boar' means a sexually-intact male
    swine.''.
    (c) Packer of Sows and Boars.--Section 231(12) of such Act (7
U.S.C. 1635i(12)) is amended by--
        (1) striking subparagraph (B) and inserting the following new
    subparagraph:
            ``(B) for any calendar year, the term includes only--
                ``(i) a swine processing plant that slaughtered an
            average of at least 100,000 swine per year during the
            immediately preceding five calendar years; and
                ``(ii) a person that slaughtered an average of at least
            200,000 sows, boars, or any combination thereof, per year
            during the immediately preceding five calendar years;
            and''; and
        (2) in subparagraph (C)--
            (A) by inserting ``or person'' after ``swine processing
        plant'';
            (B) by inserting ``or person'' after ``plant capacity of
        the processing plant''; and
            (C) by inserting ``or person'' after ``determining whether
        the processing plant''.
SEC. 3. REPORTING; BARROWS AND GILTS.
    Section 232(c) of the Agricultural Marketing Act of 1946 (7 U.S.C.
1635j(c)) is amended to read as follows:
    ``(c) Daily Reporting; Barrows and Gilts.--
        ``(1) Prior day report.--
            ``(A) In general.--The corporate officers or officially
        designated representatives of each packer processing plant that
        processes barrows or gilts shall report to the Secretary, for
        each business day of the packer, such information as the
        Secretary determines necessary and appropriate to--
                ``(i) comply with the publication requirements of this
            section; and
                ``(ii) provide for the timely access to the information
            by producers, packers, and other market participants.
            ``(B) Reporting deadline and plants required to report.--A
        packer required to report under subparagraph (A) shall--
                ``(i) not later than 7:00 a.m. Central Time on each
            reporting day, report information regarding all barrows and
            gilts purchased or priced, and
                ``(ii) not later than 9:00 a.m. Central Time on each
            reporting day, report information regarding all barrows and
            gilts slaughtered,
        during the prior business day of the packer.
            ``(C) Information required.--The information from the prior
        business day of a packer required under this paragraph shall
        include--
                ``(i) all purchase data, including--

                    ``(I) the total number of--

                        ``(aa) barrows and gilts purchased; and
                        ``(bb) barrows and gilts scheduled for
                    delivery; and

                    ``(II) the base price and purchase data for
                slaughtered barrows and gilts for which a price has
                been established;

                ``(ii) all slaughter data for the total number of
            barrows and gilts slaughtered, including--

                    ``(I) information concerning the net price, which
                shall be equal to the total amount paid by a packer to
                a producer (including all premiums, less all discounts)
                per hundred pounds of carcass weight of barrows and
                gilts delivered at the plant--

                        ``(aa) including any sum deducted from the
                    price per hundredweight paid to a producer that
                    reflects the repayment of a balance owed by the
                    producer to the packer or the accumulation of a
                    balance to later be repaid by the packer to the
                    producer; and
                        ``(bb) excluding any sum earlier paid to a
                    producer that must later be repaid to the packer;

                    ``(II) information concerning the average net
                price, which shall be equal to the quotient (stated per
                hundred pounds of carcass weight of barrows and gilts)
                obtained by dividing--

                        ``(aa) the total amount paid for the barrows
                    and gilts slaughtered at a packing plant during the
                    applicable reporting period, including all premiums
                    and discounts, and including any sum deducted from
                    the price per hundredweight paid to a producer that
                    reflects the repayment of a balance owed by the
                    producer to the packer, or the accumulation of a
                    balance to later be repaid by the packer to the
                    producer, less all discounts; by
                        ``(bb) the total carcass weight (in hundred
                    pound increments) of the barrows and gilts;

                    ``(III) information concerning the lowest net
                price, which shall be equal to the lowest net price
                paid for a single lot or a group of barrows or gilts
                slaughtered at a packing plant during the applicable
                reporting period per hundred pounds of carcass weight
                of barrows and gilts;
                    ``(IV) information concerning the highest net
                price, which shall be equal to the highest net price
                paid for a single lot or group of barrows or gilts
                slaughtered at a packing plant during the applicable
                reporting period per hundred pounds of carcass weight
                of barrows and gilts;
                    ``(V) the average carcass weight, which shall be
                equal to the quotient obtained by dividing--

                        ``(aa) the total carcass weight of the barrows
                    and gilts slaughtered at the packing plant during
                    the applicable reporting period, by
                        ``(bb) the number of the barrows and gilts
                    described in item (aa),

                adjusted for special slaughter situations (such as
                skinning or foot removal), as the Secretary determines
                necessary to render comparable carcass weights;
                    ``(VI) the average sort loss, which shall be equal
                to the average discount (in dollars per hundred pounds
                carcass weight) for barrows and gilts slaughtered
                during the applicable reporting period, resulting from
                the fact that the barrows and gilts did not fall within
                the individual packer's established carcass weight or
                lot variation range;
                    ``(VII) the average backfat, which shall be equal
                to the average of the backfat thickness (in inches)
                measured between the third and fourth from the last
                ribs, 7 centimeters from the carcass split (or adjusted
                from the individual packer's measurement to that
                reference point using an adjustment made by the
                Secretary) of the barrows and gilts slaughtered during
                the applicable reporting period;
                    ``(VIII) the average lean percentage, which shall
                be equal to the average percentage of the carcass
                weight comprised of lean meat for the barrows and gilts
                slaughtered during the applicable reporting period,
                except that when a packer is required to report the
                average lean percentage under this subclause, the
                packer shall make available to the Secretary the
                underlying data, applicable methodology and formulae,
                and supporting materials used to determine the average
                lean percentage, which the Secretary may convert to the
                carcass measurements or lean percentage of the barrows
                and gilts of the individual packer to correlate to a
                common percent lean measurement; and
                    ``(IX) the total slaughter quantity, which shall be
                equal to the total number of barrows and gilts
                slaughtered during the applicable reporting period,
                including all types of purchases and barrows and gilts
                that qualify as packer-owned swine; and

                ``(iii) packer purchase commitments, which shall be
            equal to the number of barrows and gilts scheduled for
            delivery to a packer for slaughter for each of the next 14
            calendar days.
            ``(D) Publication.--
                ``(i) In general.--The Secretary shall publish the
            information obtained under this paragraph in a prior day
            report--

                    ``(I) in the case of information regarding barrows
                and gilts purchased or priced, not later than 8:00 a.m.
                Central Time, and
                    ``(II) in the case of information regarding barrows
                and gilts slaughtered, not later than 10:00 a.m.
                Central Time,

            on the reporting day on which the information is received
            from the packer.
                ``(ii) Price distributions.--The information published
            by the Secretary under clause (i) shall include a
            distribution of net prices in the range between and
            including the lowest net price and the highest net price
            reported. The publication shall include a delineation of
            the number of barrows and gilts at each reported price
            level or, at the option of the Secretary, the number of
            barrows and gilts within each of a series of reasonable
            price bands within the range of prices.
        ``(2) Morning report.--
            ``(A) In general.--The corporate officers or officially
        designated representatives of each packer processing plant that
        processes barrows or gilts shall report to the Secretary not
        later than 10:00 a.m. Central Time each reporting day--
                ``(i) the packer's best estimate of the total number of
            barrows and gilts, and barrows and gilts that qualify as
            packer-owned swine, expected to be purchased throughout the
            reporting day through each type of purchase;
                ``(ii) the total number of barrows and gilts, and
            barrows and gilts that qualify as packer-owned swine,
            purchased up to that time of the reporting day through each
            type of purchase;
                ``(iii) the base price paid for all base market hogs
            purchased up to that time of the reporting day through
            negotiated purchases; and
                ``(iv) the base price paid for all base market hogs
            purchased through each type of purchase other than
            negotiated purchase up to that time of the reporting day,
            unless such information is unavailable due to pricing that
            is determined on a delayed basis.
            ``(B) Publication.--The Secretary shall publish the
        information obtained under this paragraph in the morning report
        as soon as practicable, but not later than 11:00 a.m. Central
        Time, on each reporting day.
        ``(3) Afternoon report.--
            ``(A) In general.--The corporate officers or officially
        designated representatives of each packer processing plant that
        processes barrows or gilts shall report to the Secretary not
        later than 2:00 p.m. Central Time each reporting day--
                ``(i) the packer's best estimate of the total number of
            barrows and gilts, and barrows and gilts that qualify as
            packer-owned swine, expected to be purchased throughout the
            reporting day through each type of purchase;
                ``(ii) the total number of barrows and gilts, and
            barrows and gilts that qualify as packer-owned swine,
            purchased up to that time of the reporting day through each
            type of purchase;
                ``(iii) the base price paid for all base market hogs
            purchased up to that time of the reporting day through
            negotiated purchases; and
                ``(iv) the base price paid for all base market hogs
            purchased up to that time of the reporting day through each
            type of purchase other than negotiated purchase, unless
            such information is unavailable due to pricing that is
            determined on a delayed basis.
            ``(B) Publication.--The Secretary shall publish the
        information obtained under this paragraph in the afternoon
        report as soon as practicable, but not later than 3:00 p.m.
        Central Time, on each reporting day.''.
SEC. 4. REPORTING; SOWS AND BOARS.
    Section 232 of the Agricultural Marketing Act of 1946 (7 U.S.C.
1635j) is amended by--
        (1) redesignating subsection (d) as subsection (e); and
        (2) inserting after subsection (c) the following new
    subsection:
    ``(d) Daily Reporting; Sows and Boars.--
        ``(1) Prior day report.--The corporate officers or officially
    designated representatives of each packer of sows and boars shall
    report to the Secretary, for each business day of the packer, such
    information reported by hog class as the Secretary determines
    necessary and appropriate to--
            ``(A) comply with the publication requirements of this
        section; and
            ``(B) provide for the timely access to the information by
        producers, packers, and other market participants.
        ``(2) Reporting.--Not later than 9:30 a.m. Central Time, or
    such other time as the Secretary considers appropriate, on each
    reporting day, a packer required to report under paragraph (1)
    shall report information regarding all sows and boars purchased or
    priced during the prior business day of the packer.
        ``(3) Information required.--The information from the prior
    business day of a packer required under this subsection shall
    include all purchase data, including--
            ``(A) the total number of sows purchased and the total
        number of boars purchased, each divided into at least three
        reasonable and meaningful weight classes specified by the
        Secretary;
            ``(B) the number of sows that qualify as packer-owned
        swine;
            ``(C) the number of boars that qualify as packer-owned
        swine;
            ``(D) the average price paid for all sows;
            ``(E) the average price paid for all boars;
            ``(F) the average price paid for sows in each weight class
        specified by the Secretary under subparagraph (A);
            ``(G) the average price paid for boars in each weight class
        specified by the Secretary under subparagraph (A);
            ``(H) the number of sows and the number of boars for which
        prices are determined, by each type of purchase;
            ``(I) the average prices for sows and the average prices
        for boars for which prices are determined, by each type of
        purchase; and
            ``(J) such other information as the Secretary considers
        appropriate to carry out this subsection.
        ``(4) Price calculations without packer-owned swine.--A packer
    shall omit the prices of sows and boars that qualify as packer-
    owned swine from all average price calculations, price range
    calculations, and reports required by this subsection.
        ``(5) Reporting exception: public auction purchases.--The
    information required to be reported under this subsection shall not
    include purchases of sows or boars made by agents of the reporting
    packer at a public auction at which the title of the sows and boars
    is transferred directly from the producer to such packer.
        ``(6) Publication.--The Secretary shall publish the information
    obtained under this paragraph in a prior day report not later than
    11:00 a.m. Central Time on the reporting day on which the
    information is received from the packer.
        ``(7) Electronic submission of information.--The Secretary of
    Agriculture shall provide for the electronic submission of any
    information required to be reported under this subsection through
    an Internet website or equivalent electronic means maintained by
    the Department of Agriculture.''.

                               Speaker of the House of Representatives.

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

Summary: Amends the Agricultural Marketing Act of 1946 to extend the provisions of the Livestock Mandatory Price Reporting Act of 1999 through September 30, 2010. Amends swine price reporting provisions.

To reauthorize the Livestock Mandatory Reporting Act of 1999 and to amend the swine reporting provisions of that Act.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Immigrant Children's Educational
Advancement and Dropout Prevention Act of 2001''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress makes the following findings:
            (1) Undocumented children come to the United States for a
        variety of reasons. Most are brought to the United States by
        adults and have no ability to make an independent decision
        about whether or not to migrate to the United States. Some come
        with their parents. Others are brought by smugglers and
        traffickers intent on exploiting them.
            (2) It is the policy of the United States Government,
        supported both by acts of Congress and Supreme Court precedent,
        to permit undocumented children to attend public schools in the
        United States. This policy is rooted in recognition of the fact
        that such children often are not in a position to make an
        independent decision about where they will live, of the
        vulnerability of children, and by the desire to ensure that
        such children have an opportunity to become educated while in
        the United States.
            (3) Each year, 50,000 to 75,000 such undocumented children
        graduate from United States public schools after having resided
        in the United States for 5 or more years.
            (4) Young children who have resided in the United States
        for a substantial period of their lives often are acculturated
        as Americans, including learning to speak English. Often, they
        consider themselves Americans and have little or no knowledge
        or ties to the country in which they were born.
            (5) Current law provides little avenue for long-staying
        alien children to regularize their immigration status. This, in
        turn, prevents them from continuing their education past high
        school, making it less likely that they will succeed in life
        and encouraging many to drop out of high school before
        graduating.
            (6) While current law requires State and local governments
        to provide elementary and secondary education to undocumented
        alien children, the law effectively precludes State and local
        governments from providing in-State tuition to these same alien
        children once they have graduated from high school.
    (b) Purposes.--The purposes of this Act are--
            (1) to provide an opportunity to certain alien children who
        were brought to the United States at a young age and have since
        been acculturated in the United States to adjust their status
        to lawful permanent residency and become contributing members
        of United States society;
            (2) to restore to each State the flexibility to provide in-
        State tuition to all children residing in the State, including
        to undocumented alien children; and
            (3) to permit and encourage alien children who were brought
        to the United States at a young age and have been educated in
        United States elementary and secondary schools to continue
        their education through high school graduation and into
        college.

SEC. 3. ATTORNEY GENERAL AUTHORITY TO ADJUST STATUS OF CERTAIN
              CHILDREN.

    (a) In General.--Section 240A(b) of the Immigration and Nationality
Act (8 U.S.C. 1229b(b)) is amended--
            (1) in paragraph (3)--
                    (A) by striking ``paragraph (1) or (2)'' and
                inserting ``paragraph (1), (2), or (3)'' each place it
                appears;
                    (B) by redesignating such paragraph as paragraph
                (5); and
                    (C) by moving such paragraph to follow paragraph
                (4); and
            (2) by inserting after paragraph (2) the following new
        paragraph:
            ``(3) Rule for alien residents brought to the united states
        as children.--
                    ``(A) Authority.--Subject to the restrictions in
                subparagraph (D), the Attorney General shall cancel
                removal of, and adjust to the status of an alien
                lawfully admitted for permanent residence, an alien who
                is inadmissible or deportable from the United States if
                the alien demonstrates that--
                            ``(i) in the case of an alien who--
                                    ``(I) has not attained the age of
                                21 at the time of application, the
                                alien has been physically present in
                                the United States for a continuous
                                period of not less than five years
                                immediately preceding the date of such
                                application, or
                                    ``(II) has attained the age of 21
                                but had not attained the age of 25 at
                                the time of application, such alien has
                                been physically present in the United
                                States for a continuous period of not
                                less than five years immediately
                                preceding the date of such application,
                                including the five years immediately
                                preceding the attainment of the age of
                                21;
                            ``(ii) the alien has been a person of good
                        moral character during the five-year period
                        preceding the application and admission; and
                            ``(iii) the alien is either a secondary
                        school student in the United States, is
                        attending an accredited two-year or four-year
                        post secondary educational institution in the
                        United States, or has submitted an application
                        for admission to an accredited two-year or
                        four-year post-secondary educational
                        institution in the United States.
                    ``(B) Treatment of minor children.--The status of
                an alien shall be adjusted by the Attorney General to
                that of an alien lawfully admitted for permanent
                residence if the alien is the child of an alien
                described in subparagraph (A).
                    ``(C) Application for relief.--The Attorney General
                shall provide a procedure by regulation allowing
                eligible individuals to apply affirmatively for the
                relief available under this paragraph without being
                placed in removal proceedings.
                    ``(D) Restrictions on authority.--The provisions of
                this paragraph shall not apply to any of the following
                aliens:
                            ``(i) An alien who is inadmissible under
                        section 212(a)(2)(A)(i)(I) or is deportable
                        under section 237(a)(2)(A)(i) (relating to
                        crimes of moral turpitude) unless the Attorney
                        General determines that the alien's removal
                        would result in extreme hardship to the alien,
                        the alien's child, or (in the case of an alien
                        who is a child) to the alien's parent.
                            ``(ii) An alien who is inadmissible under
                        section 212(a)(3) or is deportable under
                        section 237(a)(2)(D)(i) or 237(a)(2)(D)(ii)
                        (relating to security and related grounds).''.
    (b) Exemption From Numerical Limitations.--Section 240A(e)(3) of
such Act (8 U.S.C. 1229b(e)) is amended by adding at the end the
following new subparagraph:
                    ``(C) Aliens described in subsection (b)(3).''.

SEC. 4. ELIGIBILITY OF CANCELLATION APPLICANTS FOR FEDERAL AND STATE
              HIGHER EDUCATION ASSISTANCE.

    Notwithstanding any other provision of law, a child who has applied
for relief under section 240A(b)(3) of the Immigration and Nationality
Act (as added by the section 3(a)) but whose application has not been
finally adjudicated, shall be deemed to be a ``qualified alien'' under
section 431(b) of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (8 U.S.C. 1641(b)) for the purpose of
receiving any post-secondary education benefit, including any grants,
loans, or scholarships.

SEC. 5. STATE CONTROL OVER HIGHER EDUCATION ADMISSIONS IN STATE
              SYSTEMS.

    (a) In General.--Section 505 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (division C of Public Law 104-208;
110 Stat 3009-672; 8 U.S.C. 1623) is hereby repealed.
    (b) Effective Date.--The repeal made by subsection (a) shall take
effect as if included in the enactment of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996.

Summary: Immigrant Children's Educational Advancement and Dropout Prevention Act of 2001 - Amends the Immigration and Nationality Act to direct the Attorney General to cancel the removal of, and adjust to permanent resident status, certain alien secondary or college students with qualifying years of US residency. Makes such aliens eligible for Federal and State higher education assistance during the pendency of their application for cancellation of removal. Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to repeal the provision prohibiting an unlawful alien's eligibility for higher education benefits based on State residence unless a US national is similarly eligible without regard to such State residence.

To amend the Immigration and Nationality Act to adjust the status of certain long-staying alien children, to lower high school drop out rates for certain immigrant children, and to restore the right of State and local governments to decide whom they will admit to their State and local colleges and universities.