SECTION 1. SHORT TITLE; REFERENCES.

    (a) Short Title.--This Act may be cited as the ``Student Loan
Evaluation and Stabilization Act of 1995''.
    (b) References.--References in this Act to ``the Act'' are
references to the Higher Education Act of 1965 (20 U.S.C. 1001 et
seq.).

SEC. 2. FINDINGS.

    The Congress finds that:
            (1) The current public/private student loan partnership is
        fulfilling the mission set for it by Congress, delivering loans
        to students reliably and in a timely fashion, and should be
        preserved.
            (2) The Administration's dismantling of the Federal Family
        Education Loan (FFEL) Program which has begun in order to
        replace it with an unproven direct Government lending program,
        which increases the Federal debt, further enlarges the Federal
        bureaucracy, adds major new financial oversight activities to
        the already overburdened Department of Education, and forces
        Congress to depend on estimated budget savings which may prove
        illusory, needs to be stopped so that a true and valid
        comparison of the student loan programs can occur.
            (3) The Federal Direct Student Loan (FDSL) Program pilot is
        only now getting started and has proceeded fairly smoothly when
        dealing with 5 percent of new loan volume. This slow and
        cautious approach should be continued as the volume increases
        to 40 percent. This pilot program should continue to proceed
        slowly and cautiously and demonstrate successful results before
        expanding it to additional loan volume.
            (4) While the FDSL Program pilot continues its test phase,
        reform of the FFEL Program which will benefit students and
        institutions of higher education should be a continuing
        priority for the Department of Education.

SEC. 3. PARTICIPATION OF INSTITUTIONS AND ADMINISTRATION OF DIRECT LOAN
              PROGRAMS.

    (a) Limitation on Proportion of Loans Made Under Direct Loan
Program.--Section 453(a) of the Act (20 U.S.C. 1087c(a)) is amended--
            (1) by amending paragraph (2) to read as follows:
            ``(2) Determination of number of agreements.--In the
        exercise of the Secretary's discretion, the Secretary shall
        enter into agreements under subsections (a) and (b) of section
        454 with institutions for participation in the programs under
        this part, subject to the following:
                    ``(A) for academic year 1994-1995, loans made under
                this part shall represent 5 percent of the new student
                loan volume for such year; and
                    ``(B) for academic year 1995-1996 and for any
                succeeding fiscal year, loans made under this part
                shall be limited to loans to students and parents of
                students attending eligible institutions that have
                applied and been accepted for participation in the
                program under this part on or before December 31,
                1994.''
            (2) by striking paragraph (3); and
            (3) by redesignating paragraph (4) as paragraph (3).
    (b) Elimination of Conscription.--Section 453(b)(2) of such Act is
amended--
            (1) by striking subparagraph (B);
            (2) by redesignating subparagraphs (A)(i) and (A)(ii) as
        subparagraphs (A) and (B) respectively; and
            (3) in such subparagraph (B) (as so redesignated) by
        striking ``clause (i); and'' and inserting ``subparagraph
        (A).''.
    (c) Control of Administrative Expenses.--
            (1) In general.--Section 458(a) of the Act is amended to
        read as follows:
    ``(a) In General.--Each fiscal year, there shall be available to
the Secretary of Education from funds not otherwise appropriated, funds
to be obligated for administrative costs under this part, not to exceed
(from such funds not otherwise appropriated) $260,000,000 in fiscal
year 1994, $295,000,000 in fiscal year 1995, $395,000,000 in fiscal
year 1996, $400,000,000 in fiscal year 1997, and $400,000,000 in fiscal
year 1998. Such administrative costs shall include the costs of
annually assessing the program under this part and, subject to
subsection (e) of this section, payment of an administrative cost
allowance for the expenses of guaranty agencies in servicing
outstanding loans in their portfolios and in guaranteeing new loans. If
in any fiscal year the Secretary determines that additional funds for
administrative expenses are needed, the Secretary is authorized to use
funds available under this section for a subsequent fiscal year for
such expenses, except that the total expenditures by the Secretary
(from such funds not otherwise appropriated) shall not exceed
$1,750,000,000 in fiscal years 1994 through 1998. The Secretary is also
authorized to carry over funds available under this section to a
subsequent fiscal year.''.
            (2) Improved congressional oversight of administration.--
        Section 458 of the Act is further amended--
                    (A) by redesignating subsection (d) as subsection
                (g); and
                    (B) by inserting after subsection (c) the following
                new subsections:
    ``(d) Funding Triggers.--For each fiscal year, funds available
under this section may be obligated only in such amounts and according
to such schedule as specified in the appropriations Act for the
Department of Education after submission by the Department of Education
of a detailed proposal of expenditures under this section.
    ``(e) Administrative Cost Allowance.--
            ``(1) Conditions of receipt.--A guaranty agency may not
        obtain an administrative cost allowance from funds available
        under subsection (a) unless the guaranty agency has submitted
        an application in accordance with section 428(f)(2). A guaranty
        agency that receives such an allowance may expend such
        allowance for the purposes described in clauses (i) through (v)
        of section 428(f)(1)(A).
            ``(2) Election of payment rate.--For each fiscal year, at
        the time of its application for payments under section
        428(f)(2), each guaranty agency shall elect to receive an
        administrative cost allowance, payable quarterly, for the next
        fiscal year calculated on the basis of either of the following:
                    ``(A) 0.85 percent of the total principal amount of
                the loans upon which insurance was issued under part B
                during such fiscal year by such guaranty agency; or
                    ``(B) 0.08 percent of the original principal amount
                of loans guaranteed by the guaranty agency that was
                outstanding at the end of the previous fiscal year.
            ``(3) Ratable reduction.--If the total amount of funds to
        be expended by the Secretary for purposes of paying the
        administrative cost allowances to all guaranty agencies in
        accordance with this provision exceeds $150,000,000 for any
        fiscal year, the Secretary shall ratably reduce such payments
        to all guaranty agencies.
    ``(f) Quarterly Report.--The Secretary shall provide a detailed
quarterly report of all monies expended under this section to the
Chairman of the Committee on Labor and Human Resources of the Senate
and the Chairman of the Committee on Economic and Educational
Opportunities of the House of Representatives. Such report shall
specifically identify all contracts entered into by the Department for
services supporting the loan programs under parts B and D of this title
and the current and projected costs of such contracts.''.
    (d) Elimination of Transition to Direct Loans.--The Act is further
amended--
            (1) in section 422(c)(7)--
                    (A) by striking ``during the transition'' and all
                that follows through ``part D of this title'' in
                subparagraph (A); and
                    (B) by striking ``section 428(c)(10)(F)(v)'' in
                subparagraph (B) and inserting ``section
                428(c)(9)(F)(v)'';
            (2) in section 428(c)(8)--
                    (A) by striking ``(A)'' after the paragraph
                designation; and
                    (B) by striking subparagraph (B);
            (3) in section 428(c)(9)(E)--
                    (A) by inserting ``or'' after the semicolon at the
                end of clause (iv);
                    (B) by striking ``; or'' at the end of clause (v)
                and inserting a period; and
                    (C) by striking clause (vi);
            (4) in clause (vii) of section 428(c)(9)(F)--
                    (A) by inserting ``and'' before ``to avoid
                disruption''; and
                    (B) by striking ``, and to ensure an orderly
                transition'' and all that follows through the end of
                such clause and inserting a period;
            (5) in section 428(c)(9)(K), by striking ``the progress of
        the transition from the loan programs under this part to'' and
        inserting ``the integrity and administration of'';
            (6) in section 428(e)(1)(B)(ii), by striking ``during the
        transition'' and all that follows through ``part D of this
        title'';
            (7) in section 428(e)(3), by striking ``of transition'';
            (8) in section 428(j)(3)--
                    (A) by striking ``during transition to direct
                lending''; and
                    (B) by striking ``during the transition'' and all
                that follows through ``part D of this title,'' and
                inserting a comma;
            (9) in section 453(c)(2), by striking ``Transition'' and
        inserting ``Institutional'';
            (10) in section 453(c)(3), by striking ``after
        transition''; and
            (11) in section 456(b)--
                    (A) by inserting ``and'' after the semicolon at the
                end of paragraph (3);
                    (B) by striking paragraph (4);
                    (C) by redesignating paragraph (5) as paragraph
                (4); and
                    (D) in such paragraph (4) (as redesignated), by
                striking ``successful operation'' and inserting
                ``integrity and efficiency''.

SEC. 4. ABILITY OF BORROWERS TO CONSOLIDATE UNDER DIRECT AND GUARANTEED
              LOAN PROGRAMS.

    (a) Ability of Part D Borrowers to Obtain Federal Stafford
Consolidation Loans.--Section 428C(a)(4) of the Act (20 U.S.C. 1078-
3(a)(4)) is amended--
            (1) by striking ``or'' at the end of subparagraph (B);
            (2) by redesignating subparagraphs (C) and (D) as
        subparagraphs (D) and (E); and
            (3) by inserting after subparagraph (B) the following new
        subparagraph:
                    ``(C) made under part D of this title;''.
    (b) Ability of Part B Borrowers to Obtain Federal Direct
Consolidation Loans.--Section 428C(b)(5) of such Act is amended to read
as follows:
            ``(5) Direct consolidation loans for borrowers in specified
        circumstances.--
                    ``(A) The Secretary may offer a borrower a direct
                consolidation loan in the event that a borrower
                otherwise eligible for a consolidation loan pursuant to
                this section is--
                            ``(i) unable to obtain a consolidation loan
                        from a lender with an agreement under
                        subsection (a)(1), or
                            ``(ii)(I) evidences a substantial existing
                        or projected difficulty in repaying loans
                        received under this part; and
                            ``(II) desires a consolidation loan with an
                        income contingent repayment schedule as offered
                        to borrowers under part D of this title.
                    ``(B) The Secretary shall establish appropriate
                certification procedures to verify the eligibility of
                borrowers for loans pursuant to this paragraph.
                    ``(C) The Secretary shall not offer such
                consolidation loans if, in the Secretary's judgment,
                the Department of Education does not have the necessary
                origination and servicing arrangements in place for
                such loans, or the projected volume in the program
                would be destabilizing to the availability of loans
                otherwise available under this part.''.

SEC. 5. RESERVE FUND PROGRAMS.

    (a) Guaranty Agency Reserve Levels.--Section 428(c)(9) of such Act
(20 U.S.C. 1078(c)(9)) is amended--
            (1) in subparagraph (E)--
                    (A) by striking ``The Secretary'' and inserting
                ``After notice and opportunity for a hearing on the
                record, the Secretary'';
                    (B) by inserting ``or'' after the semicolon at the
                end of clause (iv);
                    (C) by striking ``; or'' at the end of clause (v)
                and inserting a period; and
                    (D) by striking clause (vi); and
            (2) in subparagraph (F)--
                    (A) by inserting ``dedicated to the functions of
                the agency under the loan insurance program under this
                part'' after ``assets of the guaranty agency'' in
                clause (vi); and
                    (B) in clause (vi), by inserting before ``; or''
                the following ``, except that the Secretary may not
                take any action to require the guaranty agency to
                provide to the Secretary the unencumbered non-Federal
                portion of a reserve fund (as defined in section
                422(a)(2))''.
    (b) Additional Amendments.--Section 422 of such Act is further
amended--
            (1) in the last sentence of subsection (a)(2), by striking
        ``Except as provided in section 428(c)(10) (E) or (F), such''
        and inserting ``Such'';
            (2) in subsection (g), by striking paragraph (4) and
        inserting the following:
            ``(4) Disposition of funds returned to or recovered by the
        secretary.--Any funds that are returned to or otherwise
        recovered by the Secretary pursuant to this subsection shall be
        returned to the Treasury of the United States for purposes of
        reducing the Federal debt and shall be deposited into the
        special account under section 3113(d) of title 31, United
        States Code.''.

SEC. 6. DEFAULT RATE LIMITATIONS ON DIRECT LENDING.

    Section 455 of the Act is amended by adding at the end the
following new subsection:
    ``(k) Termination of Institutions for High Default Rates.--
            ``(1) Methodology and criteria.--After consultation with
        institutions of higher education and other members of the
        higher education community, the Secretary shall develop--
                    ``(A) a methodology for the calculation of
                institutional default rates under the loan programs
                operated pursuant to this part;
                    ``(B) criteria for the initiation of termination
                proceedings on basis of such default rates; and
                    ``(C) procedures for the conduct of such
                termination proceedings.
            ``(2) Comparability to part b.--In developing the
        methodology, criteria, and procedures required by paragraph
        (1), the Secretary shall, to the maximum extent possible,
        establish standards for the termination of institutions from
        participation in loan programs under this part that are
        comparable to the standards established for the termination of
        institutions from participation in the loan programs under part
        B. Such procedures shall also include provisions for the appeal
        of default rate calculations based on deficiencies in the
        servicing of loans under this part that are comparable to the
        provisions for such appeals based on deficiencies in the
        servicing of loans under part B.''.

SEC.  7.  APPLICATION FOR PART B LOANS USING FREE FEDERAL APPLICATION.

    Section 483(a) of the Act (20 U.S.C. 1090(a)) is amended--
            (1) in paragraph (1)--
                    (A) by inserting ``B,'' after ``assistance under
                parts A,'';
                    (B) by striking ``part A) and to determine the need
                of a student for the purpose of part B of this title''
                and inserting ``part A).''; and
                    (C) by striking the last sentence and inserting the
                following: ``Such form may be in an electronic or any
                other format (subject to section 485B) in order to
                facilitate use by borrowers and institutions.''; and
            (2) in paragraph (3), by striking ``and States shall
        receive,'' and inserting ``, any guaranty agency authorized by
        any such institution, and States shall receive, at their
        request and''.

SEC. 8. CREDIT REFORM.

    (a) Amendment.--Section 502(5)(B) of the Congressional Budget Act
(31 U.S.C. 661a(5)(B)) is amended to read as follows:
            ``(B) The cost of a direct loan shall be the net present
        value, at the time when the direct loan is disbursed, of the
        following cash flows for the estimated life of the loan:
                    ``(i) Loan disbursements.
                    ``(ii) Repayments of principal.
                    ``(iii) Payments of interest and other payments by
                or to the Government over the life of the loan after
                adjusting for estimated defaults, prepayments, fees,
                penalties, and other recoveries.
                    ``(iv) In the case of a direct student loan made
                pursuant to the program authorized under part D of
                title IV of the Higher Education Act of 1965, direct
                and indirect expenses, including but not limited to the
                following: expenses arising from credit policy and
                oversight, activities related to credit extension, loan
                origination, loan servicing, training, program
                promotion and payments to contractors, other Government
                entities, and program participants, collection of
                delinquent loans, and write-off and close-out of
                loans.''.
    (b) Effective Date.--The amendment made by subsection (a) of this
section shall apply to all fiscal years beginning on or after October
1, 1995, and to statutory changes made on or after the date of
enactment of this Act.

HR 530 IH----2

Summary: Student Loan Evaluation and Stabilization Act of 1995 - Amends the Higher Education Act of 1965 with respect to student loan programs. Revises the Federal Direct Student Loan program to limit the proportion of loans made under such program: (1) for academic year 1994-1995, to five percent of the new student loan volume for such year. And (2) for academic year 1995-1996 and any succeeding fiscal year, to loans to students and parents of students attending eligible institutions which have applied and been accepted for institutional participation in such program on or before December 31, 1994. Eliminates provisions for selecting additional institutions to participate in such pilot program. Reduces the maximum amount of funds for administrative expenses of such program allowed for certain periods. Revises the items which such funds must cover, including the costs of annually assessing such program and payment of an administrative cost allowance for the expenses of guaranty agencies in servicing outstanding loans in their portfolios and in guaranteeing new loans. Revises provisions for congressional oversight of program administration, by providing for funding triggers which allow administrative funds to be obligated only in such amounts and according to such schedule as specified in the appropriations Act for the Department of Education after submission by the Department of a detailed proposal for such expenditures. Requires a guaranty agency to: (1) submit a specified application before obtaining an administrative cost allowance from such funds, (2) expend such allowance only for specified purposes. And (3) elect a payment rate on the basis of one of two specified formulas. Provides for ratable reductions of such allowances when total payments exceed a specified level. Directs the Secretary of Education to provide a detailed quarterly report of all such expenditures to specified congressional committee chairs. Requires such report to specifically identify all contracts entered into by the Department for services supporting the Federal Family Education Loan (FFEL) Program and the Federal Perkins Loan Program, as well as the current and projected costs of such contracts. Eliminates the transition to the Federal Direct Loan Program. Sets forth conditions under which: (1) Federal Perkins Loan borrowers can obtain FFEL consolidation loans. And (2) FFEL borrowers can obtain Federal direct consolidation loans. Revises provisions relating to reserve fund programs. Sets institutional default rate limitations on direct lending. Provides for applications for FFEL loans using the free Federal application form, which is already in use for other types of student aid. Allows such form to be in an electronic or any other format, subject to certain conditions, in order to facilitate use by borrowers and institutions. Provides for authorized guaranty agencies to receive such form. Amends the Congressional Budget Act to prescribe a formula for determining the cost of a direct loan on the basis of the net present value, at the time the direct loan is disbursed, of specified types of cash flows for the estimated life of the loan.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Mining Claim Maintenance Act of
2001''.

SEC. 2. REFERENCES.

    Any reference in this Act to the ``general mining laws'' is a
reference to those Acts which generally comprise chapters 2, 12A, 16,
161 and 162 of title 30 of the United States Code.

                       TITLE I--MINING CLAIM FEES

SEC. 101. MAINTENANCE FEE.

    (a) Claim Maintenance Fee.--Except as provided in subsections (c),
(d), and (e), the holder of each unpatented mining claim, mill or
tunnel site located pursuant to the general mining laws, whether
located before or after the enactment of this Act, shall pay to the
Secretary of the Interior, on or before August 31 of each year, a claim
maintenance fee of $100 per claim. Such claim maintenance fee shall be
in lieu of the assessment work requirement contained in the general
mining laws and the related filing requirements contained in section
314 (a) of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1744 (a) and (c)).
    (b) Time of Payment.--The claim maintenance fee payable pursuant to
subsection (a) for any assessment year (as defined under the general
mining laws) shall be paid before the commencement of the assessment
year. The location fee imposed under section 102 shall be payable not
later than 90 days after the date of location.
    (c) Oil Shale Claims Subject to Claim Maintenance Fees Under Energy
Policy Act of 1992.--This section shall not apply to any oil shale
claims for which a fee is required to be paid under section 2511(e)(2)
of the Energy Policy Act of 1992 (106 Stat. 3111; 30 U.S.C. 242).
    (d) Waiver for Patent Applicants.--(1) The Secretary may waive the
claim maintenance fee required under this section for a claimant who
certifies in writing to the Secretary that on the date the payment was
due, the claimant and all related parties--
            (A) had filed a patent application with the Secretary on or
        before September 30, 1994; and
            (B) had fully complied with all requirements established
        under sections 2325 and 2326 of the Revised Statutes (30 U.S.C.
        29 and 30) for vein or lode claims and sections 2329, 2330,
        2331, and 2333 of the Revised Statutes (30 U.S.C. 35, 36, and
        37) for placer claims, and section 2337 of the Revised Statutes
        (30 U.S.C. 42) for mill site claims, by that date.
    (e) Exceptions for Claimants Holding 10 or Fewer Mining Claims.--
            (1) In general.--A claimant may elect to perform the
        assessment work required under the general mining laws in lieu
        of paying the maintenance fee required under this section if
        the claimant who certifies in writing to the Secretary that on
        the date the payment was due, the claimant and all related
        parties--
                    (A) are producing hard rock minerals under a valid
                notice or plan of operation which production results in
                not less than $1,500 and not more than $800,000 in
                gross revenues per year from a total of 10 or fewer
                claims, as certified by the claimant;
                    (B) are performing exploration work to disclose,
                expose, or otherwise make known possible valuable
                mineralization on a total of 10 or fewer claims under a
                valid notice or plan of operation; and
                    (C) have less than 10 acres of unreclaimed surface
                disturbance from such mining activity or such
                exploration work.
            (2) Claimants electing to do assessment work.--A claimant
        holding 10 or fewer mining claims, who elects to do the
        assessment work required by the general mining laws in lieu of
        paying the claim maintenance fee required under this section
        shall be required to meet the filing requirements of section
        314(a) and (c) of the Federal Land Policy and Management Act
        (43 U.S.C. 1744 (a) and (c)) on such 10 or fewer claims and
        shall certify the performance of such assessment work to the
        Secretary of the Interior by August 31 of each year.
            (3) Definitions.--For purposes of this section:
                    (1) With respect to any claimant, the term
                ``related party'' means--
                            (A) the spouse and dependent children (as
                        defined in section 152 of the Internal Revenue
                        Code of 1986), of the claimant; and
                            (B) a person who controls, is controlled
                        by, or is under common control with the
                        claimant.
                    (2) The term ``control'' includes actual control,
                legal control, and the power to exercise control,
                through or by common directors, officers, stockholders,
                a voting trust, or a holding company or investment
                company, or any other means.

SEC. 102. LOCATION FEE.

    Notwithstanding any other provision of law, for every unpatented
mining claim, mill or tunnel site located after the date of enactment
of this title, pursuant to the general mining laws, the locator shall,
at the time the location notice is recorded with the Bureau of Land
Management, pay to the Secretary of the Interior a location fee, in
addition to the claim maintenance fee required by section 101, of
$25.00 per claim.

SEC. 103. CO-OWNERSHIP.

    The co-ownership provisions of the general mining laws shall remain
in effect, except that in applying such provisions, the annual claim
maintenance fee required under this title shall, where applicable,
replace applicable assessment requirements and expenditures.

SEC. 104. FAILURE TO PAY.

    Failure to pay the claim maintenance fee or the location fee on the
date due as required by this title shall conclusively constitute a
forfeiture of the unpatented mining claim, mill or tunnel site by the
claimant and the claim shall be deemed null and void by operation of
law.

SEC. 105. OTHER REQUIREMENTS.

    (a) Federal Land Policy and Management Act Requirements.--Nothing
in this title shall change or modify the requirements of section 314(b)
of the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1744(b)), of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1744(c)) related to filings required by section 314(b), and such
requirements shall remain in effect with respect to claims, and mill or
tunnel sites for which fees are required to be paid under this section.
    (b) Revised Statutes Section 2324.--The third sentence of section
2324 of the Revised Statutes (30 U.S.C. 28) is amended by inserting
after ``On each claim located after the tenth day of May, eighteen
hundred and seventy-two,'' the following: ``that is granted a waiver
under section 101 (d) or (e) of the Mining Claim Maintenance Act of
2001''.
    (c) Fee Adjustments.--(1) The Secretary of the Interior shall
adjust the fees required by this title to reflect changes in the
Consumer Price Index published by the Bureau of Labor Statistics of the
Department of Labor every 5 years after the date of the enactment of
this Act, or more frequently if the Secretary determines an adjustment
to be reasonable.
    (2) The Secretary shall provide claimants notice of any adjustment
made under this subsection not later than July 1 of any year in which
the adjustment is made.
    (3) A fee adjustment under this subsection shall begin to apply the
first assessment year (as defined under the general mining laws) which
begins at noon on the first day of September after the adjustment is
made.

SEC. 106. REGULATIONS.

    The Secretary of the Interior shall promulgate rules and
regulations to carry out the terms and conditions of this title as soon
as practicable after the date of the enactment of this title.

                    TITLE II--LIMITATION ON PATENTS

SEC. 201. MINING CLAIMS

    After the date of enactment of this Act, no patent shall be issued
by the United States for any mining claim located under the general
mining laws or under this Act unless the Secretary determines that, for
the claim concerned--
            (1) a patent application was filed with the Secretary on or
        before September 30, 1994; and
            (2) all requirements established under sections 2325 and
        2326 of the Revised Statutes (30 U.S.C. 29 and 30) for vein or
        lode claims and sections 2329, 2330, 2331, and 2333 of the
        Revised Statutes (30 U.S.C. 35, 36, and 37) for placer claims
        were fully complied with by that date.
If the Secretary makes the determinations referred to in paragraphs (1)
and (2) for any mining claim, the holder of the claim shall be entitled
to the issuance of a patent in the same manner and degree to which such
claim holder would have been entitled to prior to the enactment of this
Act, unless and until such determinations are withdrawn or invalidated
by the Secretary or by a court of the United States.

SEC. 202. MILL SITES.

    After the date of enactment of this Act, no patent shall be issued
by the United States for any mill site claim located under the general
mining laws unless the Secretary determines that for the mill site
concerned--
            (1) a patent application for such land was filed with the
        Secretary on or before September 30, 1994; and
            (2) all requirements applicable to such patent application
        were fully complied with by that date.
    If the Secretary makes the determinations referred to in paragraphs
(1) and (2) for any mill site claim, the holder of the claim shall be
entitled to the issuance of a patent in the same manner and degree to
which such claim holder would have been entitled to prior to the
enactment of this Act, unless and until such determinations are
withdrawn or invalidated by the Secretary or by a court of the United
States.

Summary: Mining Claim Maintenance Act of 2001 - Requires: (1) the holder of each unpatented mining claim, mill, or tunnel site to pay to the Secretary of the Interior an annual claim maintenance fee of $100 per claim in lieu of specified statutory assessment work requirements. And (2) the locator of every unpatented mining claim, mill, or tunnel site to pay a location fee of $25 per claim in addition to the claim maintenance fee. Prohibits the issuance of any Federal mining patent or mill site claim, unless: (1) the patent application was filed on or before September 30, 1994. And (2) specified requirements for vein or lode claims and placer claims were fully complied with.

To address certain anachronistic provisions of the general mining laws, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Public School Redefinition Act of
1993''.

SEC. 2. FINDINGS.

    The Congress finds that--
            (1) the ability of the United States to deliver more
        effective educational services to citizens, especially
        disadvantaged citizens, is of primary importance to the
        national and economic security of the United States;
            (2) fundamental reform is needed in our Nation's
        educational system in order to release the creative energies of
        teachers, students, parents, and communities;
            (3) market forces of competition and choice can have a
        positive influence in promoting fundamental reform; however,
        choice is incomplete without the availability of more
        educational choices for all students, including disadvantaged
        students and historically underserved students;
            (4) the exclusive franchise that local educational agencies
        have traditionally had on the creation of new public schools
        has served to limit the number and variety of school choices
        available to parents and students; and
            (5) public education should be defined by outcomes and
        requirements that protect and promote the public interest, not
        solely by the ownership or control of facilities and programs
        by a local educational agency or other public agency.

SEC. 3. PURPOSE.

    It is the purpose of this Act to--
            (1) encourage States to offer teachers, parents, and local
        communities the opportunity to establish new and more effective
        public schools;
            (2) provide Federal assistance and flexibility to encourage
        States to assist teachers, parents, and communities to develop
        such schools; and
            (3) provide criteria for States, teachers, parents, and
        communities to use in establishing new and more effective
        public schools.

SEC. 4. DEFINITIONS.

    For the purpose of this Act--
            (1) the term ``eligible partnership'' means a partnership
        between--
                    (A) a sponsor; and
                    (B) a charter public school;
            (2) the term ``local educational agency'' has the meaning
        given such term by section 1471(12) of the Elementary and
        Secondary Education Act of 1965;
            (3) the term ``charter public school'' means a school
        that--
                    (A) is nonsectarian in its programs, admission
                policies, employment practices, and all other
                operations and is not affiliated with a nonpublic
                sectarian school or religious institution;
                    (B) has a primary focus of providing a
                comprehensive program of instruction for at least one
                grade from kindergarten to twelfth grade or one age
                group from 5 to 18 years of age;
                    (C) does not charge tuition;
                    (D) complies with title VI of the Civil Rights Act
                of 1964, title IX of the Education Amendments of 1972,
                section 504 of the Rehabilitation Act of 1973, and the
                procedural safeguards under the Individuals With
                Disabilities Education Act;
                    (E) in the event that more students apply for
                admission than may be accommodated, admits students on
                the basis of a lottery;
                    (F) is subject to the same Federal and State
                financial audits and audit procedures and requirements
                as any other school located in the State in which such
                school is located;
                    (G) meets all State and local health and safety
                requirements; and
                    (H) participates in an eligible partnership;
            (4) the term ``Secretary'' means the Secretary of
        Education;
            (5) the term ``sponsor'' means a--
                    (A) school board;
                    (B) local educational agency; or
                    (C) State educational agency;
            (6) the term ``State educational agency'' has the meaning
        given such term by section 1471(23) of the Elementary and
        Secondary Education Act of 1965.

SEC. 5. PROGRAM AUTHORITY.

    (a) Program Authorized.--
            (1) In general.--The Secretary is authorized to award
        grants to State educational agencies having applications
        approved pursuant to section 6 to enable such agencies to
        conduct a charter public school program in accordance with this
        Act.
            (2) Special rule.--If a State elects not to participate in
        the program assisted under this Act, the Secretary is
        authorized to award a grant to a charter public school that
        serves such State and has an application approved pursuant to
        section 6, as permitted by applicable State laws and
        regulations in the State in which the school shall operate.
    (b) Use of Grants.--
            (1) State.--Each State educational agency receiving a grant
        under this Act shall use such grant funds to award grants to
        one or more charter public schools in the State to enable such
        schools to plan and implement a charter public school in
        accordance with this Act.
            (2) Charter public school.--Each charter public school
        receiving a grant from the Secretary pursuant to subsection
        (a)(2) shall use such grant funds to plan and implement a
        charter public school in accordance with this Act.
            (3) Administrative expenses.--Each State educational agency
        receiving a grant pursuant to subsection (a)(1) may reserve not
        more than 5 percent of such grant funds for administrative
        expenses associated with the program assisted under this Act.
    (c) Duration.--A charter public school shall receive a grant under
this Act for a period of not more than 3 years.
    (d) Matching Requirement.--In order for a charter public school to
receive a grant pursuant to subsection (a), such school shall provide
matching funds in the amount of--
            (1) 10 percent of the grant payment received in the first
        year such school receives a grant under this Act; and
            (2) 25 percent of the grant payment received in the second
        and third such years.
    (e) Geographic Dispersion.--The Secretary shall ensure that grants
awarded pursuant to subsection (a) benefit students in urban and rural
areas.
    (f) Construction, Renovation, and Repair.--
            (1) Prohibition.--Grant funds awarded under this Act shall
        not be used for the construction or major renovation or repair
        of facilities.
            (2) Start-up costs.--Grant funds awarded under this Act may
        be used for planning, equipment purchases, and other start-up
        costs, including minor renovation of facilities necessary to
        meet applicable State and local health and safety requirements.

SEC. 6. APPLICATION.

    (a) State Application.--
            (1) In general.--Each State educational agency desiring a
        grant under this Act shall submit to the Secretary an
        application at such time, in such manner, and containing or
        accompanied by such information as the Secretary may reasonably
        require.
            (2) Contents.--Each application submitted pursuant to
        paragraph (1) shall--
                    (A) describe the objectives of the State
                educational agency's charter public school program and
                a description of how such objectives shall be
                fulfilled, including steps taken by the State
                educational agency to inform teachers, parents, and
                communities of the State educational agency's charter
                public school program and the availability of grants
                for the establishment of such schools;
                    (B) contain assurances that the State educational
                agency shall obtain a waiver of all State and Federal
                statutes and regulations applicable to a school board,
                local educational agency or school district that are
                relevant to and hindering the establishment of a
                charter public school in such State;
                    (C) provide a written description of outcomes and
                other requirements to be included in each eligible
                partnership agreement between a sponsor and a charter
                public school;
                    (D) provide a description of how charter public
                schools within the State shall be required to meet the
                definition of a charter public school as described in
                section 4(3);
                    (E) contain specific outcomes to be achieved by the
                students attending a charter public school in
                accordance with the outcomes agreement described in
                section 7;
                    (F) provide an explanation of how progress in
                meeting the outcomes described in section 7 shall be
                measured; and
                    (G) contain a description of how teachers, parents,
                and community members have been, or shall be, involved
                in the planning, development and implementation of each
                charter public school.
    (b) Eligible Partnership Application.--
            (1) In general.--Each charter public school desiring a
        grant pursuant to section 5(a)(2) shall submit an application
        to the Secretary at such time, in such manner, and accompanied
        by such information as the Secretary may reasonably require.
            (2) Contents.--Each application submitted pursuant to
        paragraph (1) shall contain the same information and assurances
        as the information and assurances described in subparagraphs
        (B) through (G) of subsection (a)(2).

SEC. 7. OUTCOMES AGREEMENT.

    (a) Agreement.--In order to receive a grant under this Act a
charter public school shall enter into an outcomes agreement with the
sponsor participating in the eligible partnership.
    (b) Contents.--Each agreement referred to in subsection (a) shall--
            (1) be in the form of a written contract between the
        sponsor and the board of directors of the charter public school
        participating in the eligible partnership;
            (2) set forth outcomes that such school shall achieve; and
            (3) include information and assurances described in
        subparagraphs (B) through (G) of section 6(a)(2).

SEC. 8. CONTINUATION OF FUNDING.

    Each charter public school receiving a grant under this Act shall
be eligible to receive Federal, State, and local education revenue,
grants and other aids as though such school were a local educational
agency.

SEC. 9. TERMINATION.

    The Secretary or a State educational agency receiving a grant under
this part shall terminate grant payments under this Act if the
Secretary or such State educational agency, at any time, determines
that the charter public school is not making acceptable progress toward
meeting the outcomes described in section 7.

SEC. 10. REPORTS.

    (a) State Report.--
            (1) Reports.--Each charter public school receiving a grant
        pursuant to section 5(a)(1) shall report at least annually to
        the State educational agency or other agency designated by the
        Governor on such school's progress in meeting the outcomes
        described in section 7.
            (2) Report to the secretary.--Each State educational agency
        receiving a report under subsection (a) shall annually report
        to the Secretary on the program assisted under this Act.
    (b) School Reports.--Each charter public school receiving a grant
pursuant to section 5(a)(2) shall at least annually report to the
Secretary the charter public school's progress in meeting the outcomes
described in section 7.

SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated $50,000,000 for fiscal year
1994, $75,000,000 for fiscal year 1995, and such sums as may be
necessary for the 3 succeeding fiscal years to carry out the provisions
of this Act.

Summary: Public School Redefinition Act of 1993 - Establishes a demonstration program to provide Federal assistance to encourage States to assist teachers, parents, and local communities to establish and develop outcome-based public schools. Authorizes the Secretary of Education to award grants to State educational agencies (SEAs) to conduct such outcome-based public school programs . Limits such grants to three years and requires the school to provide matching funds. Prohibits grant funds from being used for construction or major renovation or repair of facilities, but allows their use for planning, equipment purchases and other start-up costs, including minor renovation of facilities to meet applicable health and safety requirements. Provides that each such outcome-based public school shall be eligible to receive Federal, State, and local education revenue, grants, and other aid as though such school were a local educational agency. Directs the Secretary or the SEA receiving such a grant to terminate grant payments to an outcome-based public school upon determination that it is not making acceptable progress. Authorizes appropriations.

Public School Redefinition Act of 1993


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Electronic Books Opening Opportunity
for Knowledge Act of 2014'' or the ``E-BOOK Act of 2014''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Rising costs are making it increasingly difficult for
        students and their families to afford a college education.
            (2) In addition to the growing price of tuition, fees, and
        room and board, the average college student in the United
        States must also spend more than $1,000 per year on textbooks
        and supplies.
            (3) New learning technologies in higher education provide a
        growing opportunity to reduce the cost of course materials for
        students and their families.
            (4) All students deserve the opportunity to obtain a high-
        quality education and acquire the skills needed to compete in
        21st-century economy.

SEC. 3. PURPOSE.

    The purpose of this Act is to identify savings in the cost of
public college education for undergraduate students by funding pilot
programs in institutions of higher education to provide expanded access
to digital course materials as part of their academic programs.

SEC. 4. GRANTS TO EXPAND ACCESS TO DIGITAL COURSE MATERIALS.

    Title VIII of the Higher Education Act of 1965 (20 U.S.C. 1161a et
seq.) is amended by adding at the end the following new part:

    ``PART BB--GRANTS FOR THE EXPANSION OF ACCESS TO DIGITAL COURSE
                               MATERIALS

``SEC. 891. GRANTS FOR ACCESS TO DIGITAL COURSE MATERIALS.

    ``(a) Grants Authorized.--
            ``(1) In general.--From amounts made available by the
        Secretary pursuant to subsection (g), the Secretary may award
        grants on a competitive basis to not more than 10 institutions
        of higher education to reduce the cost of attendance for
        undergraduate students by providing such students with expanded
        access to digital course materials.
            ``(2) Amount of funds to be awarded.--The Secretary shall
        determine the amount of funds to be awarded for each grant
        based on the number of students to be served under the grant,
        except that no grant under this section shall be in an amount
        that is more than $2,000,000.
    ``(b) Application.--An institution desiring to obtain a grant under
this section shall submit an application to the Secretary at such time,
in such form, and accompanied by such information, agreements, and
assurances as the Secretary may reasonably require.
    ``(c) Preference.--In awarding grants under this section, the
Secretary shall give preference to applications that demonstrate a
commitment to serving disadvantaged students.
    ``(d) Use of Funds.--Each grant awarded under this section shall
provide to an institution of higher education funds to support a pilot
program for the institution to make digital course materials available
to undergraduate students in at least two different academic
departments. Such funds may be used for any of the following:
            ``(1) Purchasing and maintaining electronic equipment or
        software necessary for the operation of the pilot program,
        including mobile computer devices and accompanying hardware,
        software applications, computer systems and platforms, digital
        and online content, online instruction, and other online
        services and support.
            ``(2) Purchasing and maintaining digital and online content
        for the institution to make available electronically to
        instructors or students, including paying any copyright fees
        associated with the digital distribution of physical course
        materials.
            ``(3) Hiring staff for the administration of the pilot
        program, with priority given to hiring enrolled undergraduate
        students.
            ``(4) Building or acquiring extra storage space dedicated
        to equipment used for the pilot program.
            ``(5) Revising and adapting academic curricula as needed to
        implement the pilot program.
            ``(6) Acquiring such other goods or services as the
        Secretary determines appropriate.
    ``(e) Reporting Requirements.--
            ``(1) Report to the secretary.--After a period of time to
        be determined by the Secretary, each institution of higher
        education that receives a grant under this section shall submit
        to the Secretary a report that includes--
                    ``(A) an assessment of the effectiveness of the
                pilot program funded by the grant in reducing the cost
                of attendance for students;
                    ``(B) an assessment of any impact of the pilot
                program on student achievement;
                    ``(C) an accounting of the purposes for which the
                grant funds were expended; and
                    ``(D) any additional information the Secretary
                reasonably requires.
            ``(2) Report to congress.--Not later than three years after
        the end of the first fiscal year in which a grant is awarded
        under this section, the Secretary shall submit to Congress a
        report on the effectiveness of the grants. Such report shall
        include--
                    ``(A) an estimate by the Secretary of the amount of
                money saved by students who participate in the pilot
                programs;
                    ``(B) a summary of the best practices developed in
                the pilot programs;
                    ``(C) a description of the types of digital course
                materials used in the pilot programs, including
                electronic books, interactive and adaptive digital
                learning tools, and open educational resources; and
                    ``(D) any recommendations the Secretary determines
                appropriate regarding future congressional action
                related to student access to digital course materials.
    ``(f) Definitions.--In this section:
            ``(1) Cost of attendance.--The term `cost of attendance'
        has the meaning given the term in section 472.
            ``(2) Institution of higher education.--The term
        `institution of higher education' has the meaning given the
        term in section 101(a), except that such term only includes
        public institutions.
            ``(3) Digital course materials.--The term `digital course
        materials' includes electronic books, portable document format
        and word-processing documents, Internet websites, interactive
        and adaptive digital learning tools, open educational
        resources, and other digital and online educational resources.
            ``(4) Open educational resources.--The term `open
        educational resources' means digital course materials that are
        made freely available online to the public with a permanent
        copyright license granting advance permission for the public to
        access, distribute, adapt, and otherwise use the work with
        appropriate attribution to the authors as set forth in the
        materials.
            ``(5) Mobile computer device.--The term `mobile computer
        device' means an electronic reader or tablet computer.
            ``(6) Disadvantaged student.--The term `disadvantaged
        student' means an undergraduate student who is--
                    ``(A) from a low-income family;
                    ``(B) a minority; or
                    ``(C) from an economically or otherwise
                disadvantaged background.
    ``(g) Funding.--Of the funds made available in appropriation Acts
for fiscal years 2015, 2016, and 2017 for the purpose of making
competitive grants to institutions of higher education under this Act,
the Secretary may make available to carry out this section not more
than $20,000,000.
    ``(h) Sunset.--No grants may be awarded under this section after
September 30, 2017.''.

Summary: Electronic Books Opening Opportunity for Knowledge Act of 2014 or the E-BOOK Act of 2014 - Amends the Higher Education Act of 1965 to authorize the Secretary of Education to award competitive grants to up to 10 institutions of higher education (IHEs) to conduct pilot programs to reduce the cost of attendance for undergraduate students by expanding their access to digital course materials. Directs the Secretary to give a preference to applications that demonstrate a commitment to serving disadvantaged students. Requires grantees to make digital course materials available to undergraduate students in at least two different academic departments. Allows the IHEs to use the grant funds to: purchase and maintain the electronic equipment or software their pilot programs need. Purchase and maintain the digital and online content that instructors or students will use. Hire staff to administer their pilot programs, with priority given to hiring enrolled undergraduate students, build or acquire extra storage space for pilot program equipment. And revise and adapt academic curricula as needed to implement their pilot programs.

E-BOOK Act of 2014


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``International Hydrocephalus
Treatment and Training Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Hydrocephalus, also known as ``water on the brain'', is
        a medical condition in which an abnormal accumulation of
        cerebrospinal fluid in the ventricles or cavities of the brain
        causes increased intracranial pressure inside the skull and
        progressive enlargement of the head.
            (2) If left untreated, hydrocephalus leads to physical and
        mental disabilities and eventually death.
            (3) Hydrocephalus is an extremely painful condition that
        most commonly occurs in infants and young children as a result
        of a congenital abnormality (anatomic abnormality, aqueductal
        stenosis, spina bifida or encephalocele), or post-infectious
        hydrocephalus (PIH) caused by infections acquired after birth,
        such as meningitis, that attack the brain.
            (4) PIH is the most common cause of hydrocephalus globally,
        accounting for approximately 60 percent of all cases.
            (5) Three to five out of every 1,000 newborns in developing
        countries are either born with hydrocephalus or acquire it due
        to neonatal infections in the first few months of life.
            (6) It is conservatively estimated that more than 300,000
        children are born with or acquire hydrocephalus in the
        developing world each year.
            (7) Children with hydrocephalus who are not effectively
        treated or who are not treated in the early stages of the
        condition suffer from cognitive deficiencies or physical
        disabilities or both.
            (8) Families of children who have hydrocephalus in
        developing countries rarely know that it is a treatable
        condition, where to go for treatment, or how to care for a
        child suffering from the condition.
            (9) Many children with hydrocephalus in developing
        countries are abandoned, ostracized, or abused due to their
        appearance and physical and mental disabilities.
            (10) Hydrocephalus can be treated, and advances in
        innovative medical procedures such as ETV/CPC have the
        potential to save thousands of lives annually and prevent or
        mitigate physical and mental disabilities in thousands of
        children in developing countries.
            (11) The current standard treatment for hydrocephalus is
        the VP shunt which often requires up to 5 surgical revisions
        before a child reaches adulthood to remedy blockages in the
        shunt and to account for the child's growth. Blockages can be
        expected during the life of the patient and can lead to death,
        particularly in developing countries where access to the
        requisite medical expertise often is not available.
            (12) Due to the need for multiple replacements of a VP
        shunt, this treatment is expensive and creates an increased
        burden on fragile health systems, patients, and families.
            (13) ETV/CPC is a shunt-less surgery for hydrocephalus that
        does not require a VP shunt and has been shown to be
        appropriate in at least two-thirds of the cases of infants with
        hydrocephalus. Of those cases, ETV/CPC is 93 percent effective
        in eliminating hydrocephalus.
            (14) Few hospitals with the expertise and capacity to treat
        hydrocephalus exist in developing countries, and the demand for
        treatment far exceeds the capacity of health systems in those
        countries.
            (15) Neurosurgical care for hydrocephalus in developing
        countries is widely unavailable due to a lack of trained
        neurosurgeons. In East Africa, there is only 1 neurosurgeon per
        10,000,000 people. In many developing countries there are no
        trained neurosurgeons.
            (16) Hundreds of thousands of cases of hydrocephalus in
        children in developing countries could be successfully treated
        if adequate resources are devoted to training surgeons in new
        techniques, such as ETV/CPC, and many future cases could be
        prevented if adequate resources are devoted to research means
        to mitigate the preventable causes of hydrocephalus.
            (17) Adoption of innovative new techniques to treat
        hydrocephalus, such as ETV/CPC, are more cost effective in the
        long term than current treatment methods since only one surgery
        is required in most cases, thus limiting the impact on
        overburdened health systems in developing countries.

SEC. 3. ASSISTANCE TO TREAT HYDROCEPHALUS AND TRAIN SURGEONS.

    Chapter 1 of part I of the Foreign Assistance Act of 1961 (22
U.S.C. 2151 et. seq.) is amended--
            (1) by redesignating the second section 135 (as added by
        section 5(a) of the Senator Paul Simon Water for the Poor Act
        of 2005 (Public Law 109-121; 119 Stat. 2536)) as section 136;
        and
            (2) by adding at the end the following:

``SEC. 137. ASSISTANCE TO TREAT HYDROCEPHALUS AND TRAIN SURGEONS.

    ``(a) Purposes.--The purposes of assistance authorized by this
section are--
            ``(1) to ensure that life-saving treatment of hydrocephalus
        is an important priority of United States bilateral foreign
        assistance, including through promotion of innovative
        treatments and training of medical practitioners from the
        developing world in the latest treatment protocols and best
        practices for the treatment of hydrocephalus, including--
                    ``(A) surgery and post-surgery care in developing
                countries;
                    ``(B) the creation of a comprehensive hydrocephalus
                training program based in the developing world for
                surgeons and key members of their medical team; and
                    ``(C) the training of medical practitioners based
                in the developing world in ETV/CPC and other
                appropriate treatment protocols; and
            ``(2) to promote research to reduce the incidence of PIH
        epidemiology, pathophysiology, and disease burden, and to
        improve treatment of hydrocephalus.
    ``(b) Authorization.--To carry out the purposes of subsection (a),
the President is authorized to provide assistance to support a network
of trained medical practitioners to treat hydrocephalus in children at
pediatric hospitals and hydrocephalus treatment centers in developing
countries with a high incidence of hydrocephalus.
    ``(c) Activities Supported.--
            ``(1) Comprehensive program.--
                    ``(A) In general.--Assistance provided under
                subsection (b) shall, to the maximum extent
                practicable, be used to establish a comprehensive
                program to administer global hydrocephalus treatment
                and training activities utilizing a network of
                pediatric hospitals capable of performing endoscopic
                surgery in developing countries.
                    ``(B) Administration.--The program described in
                subparagraph (A) shall be administered by healthcare
                executives and neurosurgeons with expertise in the
                treatment of hydrocephalus.
                    ``(C) Responsibilities.--The responsibilities of
                the administrators described in subparagraph (B) shall
                include--
                            ``(i) developing an appropriate education
                        and training curriculum;
                            ``(ii) establishing quality control
                        standards;
                            ``(iii) instituting safety guidelines and
                        standards; and
                            ``(iv) developing monitoring and evaluation
                        protocols.
            ``(2) Training hospital.--
                    ``(A) In general.--Assistance provided under
                subsection (b) shall, to the maximum extent
                practicable, be used to establish a surgeon training
                program within a pediatric hospital based in a
                developing country with a high incidence of
                hydrocephalus with the goal of training four surgeons
                annually and a total of 20 surgeons over a 5-year
                period to treat hydrocephalus utilizing the ETV/CPC
                technique.
                    ``(B) Timeline.--To the maximum extent practicable,
                the surgeon training program described in subparagraph
                (A) should be operational no later than 1 year after
                the date of enactment of this Act.
                    ``(C) Training admissions criteria.--Candidates for
                the surgeon training program established under
                subparagraph (A) shall--
                            ``(i) have a demonstrated commitment to
                        providing medical assistance in the developing
                        world; and
                            ``(ii) certify that the candidate intends
                        to remain and practice medicine in the
                        developing world following completion of the
                        program.
                    ``(D) Training program methodology.--The surgeon
                training program established under subparagraph (A)
                shall--
                            ``(i) be conducted by a neurosurgeon with a
                        minimum of 3 years of full-time operating
                        experience in the developing world;
                            ``(ii) be a hands-on operating room
                        experience in the developing world;
                            ``(iii) utilize a hydrocephalus treatment
                        protocol with an emphasis on ETV/CPC as the
                        preferred treatment when medically appropriate;
                        and
                            ``(iv) require that each trainee complete a
                        minimum of 50 ETV/CPC or ETV procedures and at
                        least 25 VP shunt procedures.
            ``(3) Treatment centers.--
                    ``(A) In general.--Assistance provided under
                subsection (b) shall, to the maximum extent
                practicable, be used to establish at least 20
                hydrocephalus treatment centers located at public and
                private hospital in developing countries with a high
                incidence of hydrocephalus, which shall include
                treatment costs, endoscopy equipment and medical
                supplies necessary to provide ETV/CPC procedures to
                treat hydrocephalus.
                    ``(B) Staffing.--The treatment centers described in
                subparagraph (A) shall be staffed by--
                            ``(i) one or more surgeons who have
                        successfully completed the surgeon training
                        program provided pursuant to paragraph (2); and
                            ``(ii) a patient care administrator.
                    ``(C) Treatment.--The treatment centers described
                in subparagraph (A) shall--
                            ``(i) provide surgery to treat
                        hydrocephalus in children;
                            ``(ii) perform at least 50 hydrocephalus
                        surgeries annually including a minimum of 25
                        ETV or ETV/CPC surgeries; and
                            ``(iii) provide post-surgery care and
                        support for the children treated in accordance
                        with clause (i).
            ``(4) Medical records and data.--Assistance provided under
        subsection (b) shall, to the maximum extent practicable,
        include the maintenance of medical records which track patient
        care activities and information about the causes and incidence
        rates of PIH.
    ``(d) Definitions.--In this section:
            ``(1) CPC.--The term `CPC' means choroid plexus
        cauterization, a surgical procedure to reduce the production of
        cerebrospinal fluid in the brain.
            ``(2) ETV.--The term `ETV' means endoscopic third
        ventriculostomy, a shunt-less surgical procedure in which an
        opening is created in the floor of the third ventricle of the
        brain allowing cerebrospinal fluid to bypass any obstruction
        and flow directly to the basal cisterns.
            ``(3) ETV/CPC.--The term `ETV/CPC' means the shunt-less
        surgical method for treating hydrocephalus through the
        combination of ETV and CPC surgical procedures.
            ``(4) Hydrocephalus.--The term `hydrocephalus' means a
        medical condition in which an abnormal accumulation of
        cerebrospinal fluid in the ventricles or cavities of the brain
        causes increased intracranial pressure inside the skull and
        progressive enlargement of the head.
            ``(5) Medical practitioners.--The term `medical
        practitioners' means physicians, nurses and other clinicians.
            ``(6) PIH.--The term `PIH' means post-infectious or
        acquired hydrocephalus which is the onset of hydrocephalus
        after birth due to the affects of an infection, such as
        meningitis, that has attacked the brain.
            ``(7) VP shunt.--The term `VP shunt' means a
        ventriculoperitonea shunt which is a plastic tube that is
        regulated by a valve and surgically placed in a brain ventricle
        that allows the cerebrospinal fluid to flow out of the brain
        through the tube and into the patient's abdomen.
    ``(e) Authorization of Appropriations.--Of the amounts made
available to carry out this chapter for child survival and maternal
health programs, there are authorized to be appropriated to the
President such sums as may be necessary for each of the fiscal years
2014 through 2018 to carry out this section.''.

Summary: International Hydrocephalus Treatment and Training Act - Amends the Foreign Assistance Act of 1961 to authorize the President to provide assistance to support a network of trained medical practitioners to treat hydrocephalus in children at pediatric hospitals and hydrocephalus treatment centers in developing countries. Requires such assistance to provide for surgeon training and establishment of at least 20 treatment centers.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Border Enforcement Security Task
Force Reauthorization Act of 2017''.

SEC. 2. MODIFIED INSTRUCTIONS.

    (a) Updated Considerations for the Establishment of Units.--Section
432(c)(2) of the Homeland Security Act of 2002 (6 U.S.C. 240(c)) is
amended--
            (1) in the matter preceding subparagraph (A), by striking
        ``shall consider'' and inserting ``shall apply risk-based
        criteria that takes into consideration'';
            (2) in subparagraph (A), by inserting ``, including threats
        posed by transnational criminal organizations'' before the
        semicolon at the end;
            (3) in subparagraph (C), by striking ``and'' at the end;
            (4) in subparagraph (D), by striking the period at the end
        and inserting a semicolon; and
            (5) by adding at the end the following:
                    ``(E) the extent to which the BEST unit would
                advance the Department's homeland and border security
                strategic priorities and related objectives; and
                    ``(F) whether departmental Joint Task Force
                operations established pursuant to section 708 and
                other joint cross-border initiatives would be enhanced,
                improved, or otherwise assisted by the BEST unit.''.
    (b) Port Security.--Section 432(c) of the Homeland Security Act of
2002, as amended by subsection (a), is further amended by adding at the
end the following:
            ``(4) Port security best units.--A BEST unit established
        pursuant to paragraph (2) with a port security nexus shall be
        composed of at least 1 member of each of the following:
                    ``(A) The Coast Guard Investigative Service.
                    ``(B) The geographically responsible Coast Guard
                Sector Intelligence Office.''.
    (c) Updated Report Elements.--Section 432(e) of the Homeland
Security Act of 2002 (6 U.S.C. 240(e)) is amended to read as follows:
    ``(e) Report.--Not later than 180 days after the date of the
enactment of this subsection, and annually thereafter for the following
5 years, the Secretary shall submit to Congress a report that
includes--
            ``(1) a description of the effectiveness of BEST in
        enhancing border security, disrupting and dismantling
        transnational criminal organizations, and reducing drug
        trafficking, arms smuggling, child exploitation, illegal alien
        trafficking and smuggling, violence, and kidnapping along and
        across the international borders of the United States, as
        measured by crime statistics, including violent deaths,
        incidents of violence, and drug-related arrests;
            ``(2) an assessment of how BEST enhances information-
        sharing, including the dissemination of homeland security
        information, among Federal, State, local, tribal, and foreign
        law enforcement agencies, as well as BEST capability gaps
        relating to intelligence coordinating and sharing efforts;
            ``(3) a description of how BEST advances the Department's
        homeland and border security strategic priorities and
        effectiveness of BEST in achieving related objectives; and
            ``(4) an assessment of BEST's joint operational efforts
        with departmental Joint Task Force operations established
        pursuant to section 708 and other joint cross-border
        initiatives;.
            ``(5) An assessment of whether additional authorities are
        needed to accomplish the BEST mission;
            ``(6) An assessment of whether additional Memos of
        Understanding are needed to address intelligence and
        coordination gaps; and
            ``(7) An assessment of whether funding has an impact on the
        overall mission of BEST operations to assist in advancing the
        Department's homeland and border security priorities and
        related objectives.''.

SEC. 3. AUTHORIZATION OF DANGER PAY ALLOWANCE FOR ICE AGENTS STATIONED
              IN DANGEROUS AREAS.

    (a) Sense of Congress.--It is the sense of Congress that providing
personnel danger pay to U.S. Immigration and Customs Enforcement (ICE)
agents who are assigned to dangerous overseas posts will--
            (1) help modernize ICE's overseas workforce compensation
        system; and
            (2) place ICE on equal footing with the law enforcement
        agencies of the Department of Justice.
    (b) Authorization.--Section 5928 of title 5, United States Code, is
amended by inserting ``The Secretary of State may not deny a request by
the Administrator of the Drug Enforcement Administration, the Director
of the Federal Bureau of Investigation, or the Director of U.S.
Immigration and Customs Enforcement to authorize a danger pay allowance
under this section for any employee of any such agency.'' after the
first sentence.
    (c) Conforming Amendment.--Section 151 of the Foreign Relations
Authorization Act, Fiscal Years 1990 and 1991 (Public Law 101-246) is
repealed.
    (d) Reporting Requirement.--Not later than 30 days after the date
on which regulations are issued pursuant to subsection (d), the
Director of U.S. Immigration and Customs Enforcement shall submit a
report to the Committee on Foreign Relations of the Senate, the
Committee on Homeland Security and Governmental Affairs of the Senate,
the Committee on Foreign Affairs of the House of Representatives, and
the Committee on Homeland Security of the House of Representatives that
specifies--
            (1) the overseas posts that have been designated by the
        Director as locations at which ICE agents will receive a danger
        pay allowance; and
            (2) the justification for each such designation.

Summary: Border Enforcement Security Task Force Reauthorization Act of 2017 This bill amends the Homeland Security Act of 2002 to require the Department of Homeland Security (DHS), before establishing a Border Enforcement Security Task Force (BEST) unit, to apply risk-based criteria that takes into consideration specified factors, including: whether the area in which the BEST unit would be established is significantly impacted by threats posed by transnational criminal organizations. The extent to which the unit would advance DHS's homeland and border security strategic priorities and related objectives. And whether departmental Joint Task Force operations would be enhanced, improved, or otherwise assisted by the unit. A BEST unit with a port security nexus must be composed of at least one member of: (1) the Coast Guard Investigative Service, and (2) the geographically responsible Coast Guard Sector Intelligence Office. The bill modifies the DHS annual reporting requirement on the BEST program to require:: a description of the effectiveness of BEST in disrupting and dismantling transnational criminal organizations and reducing child exploitation, an assessment of how BEST enhances information-sharing. A description of how BEST advances DHS's homeland and border security strategic priorities and effectiveness of BEST in achieving related objectives. An assessment of BEST's joint operational efforts with departmental Joint Task Force operations. An assessment of whether additional authorities are needed to accomplish the BEST mission. An assessment of whether additional Memos of Understanding are needed to address intelligence and coordination gaps. And an assessment of whether funding has an impact on the overall mission of BEST operations to assist in advancing DHS's homeland and border security priorities and related objectives. The bill expresses the sense of Congress that providing personnel danger pay to U. S Immigration and Customs Enforcement (ICE) agents who are assigned to dangerous overseas posts will: (1) help modernize ICE's overseas workforce compensation system, and (2) place ICE on equal footing with the law enforcement agencies of the Department of Justice. The Department of State may not deny a request by the Drug Enforcement Administration, the Federal Bureau of Investigation, or ICE to authorize a danger pay allowance for any employee of such agencies. ICE must submit a report to the congressional foreign affairs and homeland security committees that specifies the overseas posts that have been designated as locations at which ICE agents will receive a danger pay allowance and the justification for each such designation.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Technology Transfer Improvements Act
of 1993''.

SEC. 2. FINDINGS.

    The Congress finds and declares the following:
            (1) The commercialization of technology and industrial
        innovation are central to the economic, environmental, and
        social well-being of citizens of the United States.
            (2) The Government can help United States business to speed
        the development of new products and processes by entering into
        Cooperative Research and Development Agreements which make
        available the assistance of the Federal laboratories to the
        private sector, but the commercialization of technology and
        industrial innovation in the United States depends largely upon
        actions by business.
            (3) Government action to claim a right of ownership to any
        invention or other intellectual property developed under a
        Cooperative Research and Development Agreement can inhibit the
        establishment of such agreements with business and can prevent
        the commercialization of technology and industrial innovation
        by business.
            (4) The commercialization of technology and industrial
        innovation in the United States will be enhanced if the
        ownership of any invention or other intellectual property
        developed under a Cooperative Research and Development
        Agreement belongs to a company or companies incorporated in the
        United States.

SEC. 3. TITLE TO INTELLECTUAL PROPERTY ARISING FROM COOPERATIVE
              RESEARCH AND DEVELOPMENT AGREEMENTS.

    Section 12 of the Stevenson-Wydler Technology Innovation Act of
1980 (15 U.S.C. 3710a) is amended as follows:
            (1) In the text of subsection (b) immediately preceding
        paragraph (1), strike ``Government-operated Federal laboratory,
        and to the extent provided in an agency-approved joint work
        statement, a Government-owned contractor-operated laboratory,
        may'' and insert ``Federal laboratory shall ensure that title
        to any intellectual property arising from the agreement, except
        intellectual property developed in whole by a laboratory
        employee, is assigned to the collaborating party or parties to
        the agreement in exchange for reasonable compensation to the
        laboratory, and may''.
            (2) In subsection (b)(2), strike ``or in part''.
            (3) Amend subsection (b)(3) to read as follows:
            ``(3) retain a nonexclusive, nontransferable, irrevocable,
        paid-up license from the collaborating party or parties for any
        intellectual property arising from the agreement, and have such
        license practiced throughout the world by or on behalf of the
        Government, but shall not, in the exercise of such license,
        publicly disclose proprietary information related to the
        license;''.
            (4) Amend subsection (b)(4) to read as follows:
            ``(4) retain the right, in accordance with procedures
        provided in regulations promulgated under this section, to
        require a collaborating party to grant to a responsible
        applicant or applicants a nonexclusive, partially exclusive, or
        exclusive license to use the subject intellectual property in
        any field of use, on terms that are reasonable under the
        circumstances, or if the collaborating party fails to grant
        such a license, to grant the license itself if the laboratory
        finds that--
                    ``(A) the collaborating party has not taken, and is
                not expected to take within a reasonable time,
                effective steps to achieve practical application of the
                subject intellectual property in the field of use;
                    ``(B) such action is necessary to meet health or
                safety needs that are not reasonably satisfied by the
                collaborating party;
                    ``(C) such action is necessary to meet requirements
                for public use specified by Federal regulations and
                such requirements are not reasonably satisfied by the
                collaborating party; or
                    ``(D) the collaborating party has not entered into
                or is in breach of an agreement made pursuant to
                subsection (c)(4)(B).''.
            (5) In subsection (d)(2), strike ``and'' at the end;
            (6) In subsection (d)(3), strike the period at the end and
        insert ``; and''.
            (7) At the end of subsection (d), insert the following new
        paragraph:
            ``(4) the term `intellectual property rights' means--
                    ``(A) in the case of government-owned, government-
                operated Federal laboratories, patents; and
                    ``(B) in the case of government-owned, contractor-
                operated Federal laboratories, patents, copyrights, and
                computer chip mask work registrations.''.

SEC. 4. DISTRIBUTION OF INCOME FROM INTELLECTUAL PROPERTY RECEIVED BY
              FEDERAL LABORATORIES.

    Section 14 of the Stevenson-Wydler Technology Innovation Act of
1980 (15 U.S.C. 3710c) is amended to read as follows:

``SEC. 14. DISTRIBUTION OF INCOME FROM INTELLECTUAL PROPERTY RECEIVED
              BY FEDERAL AGENCIES OR LABORATORIES.

    ``(a) In General.--
            ``(1) Except as provided in paragraphs (2) and (4), any
        income received by a Federal agency or laboratory from the
        licensing or assignment of intellectual property under
        agreements entered into by Federal laboratories under section
        12, and intellectual property of Federal agencies or
        laboratories licensed under section 207 of title 35, United
        States Code, or under any other provision of law, shall be
        retained by the agency or laboratory and shall be disposed of
        as follows:
                    ``(A)(i) The head of the agency or laboratory or
                his designee shall pay to the laboratory employee or
                employees who have assigned their rights in the
                intellectual property to the United States, to the
                laboratory operator, or to a collaborating party or
                parties to a research agreement an amount equal to the
                sum of--
                            ``(I) the first $10,000 received by the
                        agency or laboratory from the intellectual
                        property; and
                            ``(II) 15 percent of any income received by
                        the agency or laboratory from the intellectual
                        property in excess of the sum of the amount
                        paid pursuant to item (I) and the value of
                        unreimbursed research and development resources
                        provided by the laboratory under the terms of
                        the agreement.
                    ``(ii) An agency or laboratory may provide
                appropriate incentives from royalties to laboratory
                employees who contribute substantially to the technical
                development of licensed or assigned intellectual
                property between the time that the intellectual
                property rights are legally asserted and the time of
                the licensing or assigning of the intellectual property
                rights.
                    ``(iii) The agency or laboratory shall retain the
                income received from intellectual property until the
                agency or laboratory makes payments to laboratory
                employees under clause (i) or (ii).
                    ``(B) The balance of the income shall be
                transferred to the agency's laboratories, with the
                majority share of the royalties or other income going
                to the laboratory where the intellectual property
                originated, and the income so transferred to any such
                laboratory may be used or obligated by that laboratory
                during the fiscal year in which it is received or
                during the succeeding fiscal year--
                            ``(i) for payment of not more than 15
                        percent of such income for expenses incidental
                        to the administration and licensing of
                        intellectual property by the agency or
                        laboratory with respect to intellectual
                        property which originated at that laboratory,
                        including the fees or other costs for the
                        services of other agencies, persons, or
                        organizations for intellectual property
                        management and licensing services;
                            ``(ii) to reward scientific, engineering,
                        and technical employees of the laboratory,
                        including developers of sensitive or classified
                        technology, regardless of whether the
                        technology has commercial applications;
                            ``(iii) to further scientific exchange
                        among the laboratories of the agency; or
                            ``(iv) for education and training of
                        employees consistent with the research and
                        development mission and objectives of the
                        agency or laboratory, and for other activities
                        that increase the potential for transfer of the
                        technology of the laboratories of the agency.
        All income retained by the agency or laboratory after payments
        have been made pursuant to subparagraphs (A) and (B) that is
        unobligated and unexpended at the end of the fiscal year
        succeeding the fiscal year in which the income was received
        shall be paid into the United States Treasury.
            ``(2) If, after payments to employees under paragraph (1),
        the intellectual property income received by an agency and its
        laboratories in any fiscal year exceeds 5 percent of the budget
        of the laboratories of the agency for that year, 75 percent of
        such excess shall be paid to the United States Treasury and the
        remaining 25 percent may be used or obligated for the purposes
        described in clauses (i) through (iv) of paragraph (1)(B)
        during that fiscal year or the succeeding fiscal year. Any
        income not so used or obligated shall be paid into the United
        States Treasury.
            ``(3) Any payment made to an employee under this section
        shall be in addition to the regular pay of the employee and to
        any other awards made to the employee, and shall not affect the
        entitlement of the employee to any regular pay, annuity, or
        award to which the employee is otherwise entitled or for which
        the employee is otherwise eligible, or limit the amount
        thereof. Any payment made under this section to any employee
        shall continue after the employee leaves the employment of the
        laboratory or agency.
            ``(4) A Federal agency receiving income as a result of
        intellectual property management services performed for another
        Federal agency or laboratory under section 207 of title 35,
        United States Code, may retain such income to the extent
        required to offset the payment of income from intellectual
        property under paragraph (1)(A)(i), and costs and expenses
        incurred under paragraph (1)(B)(i), including the cost of
        foreign protection of the intellectual property of the other
        agency. All income remaining after payment of the income,
        costs, and expenses described in the preceding sentence shall
        be transferred to the agency for which the services were
        performed, for distribution in accordance with clauses (i)
        through (iv) of paragraph (1)(B).
    ``(b) Certain Assignments.--If the intellectual property from which
the income is derived was assigned to the Federal agency--
            ``(1) by a contractor, grantee, or participant in a
        cooperative agreement with the agency; or
            ``(2) by an employee of the agency who was not working in
        the laboratory at the time the intellectual property was
        originated;
``the agency unit that was involved in such assignment shall be
considered to be a laboratory for purposes of this section.
    ``(c) Reports.--
            ``(1) In making its annual submission to the Congress, each
        Federal agency shall submit, to the appropriate authorization
        and appropriations committee of both Houses of the Congress, a
        summary of the amount of income received from intellectual
        property and expenditures made (including employee awards)
        under this section.
            ``(2) Not later than October 1, 1996, the Comptroller
        General shall review the effectiveness of the various income-
        sharing programs established under this section and report to
        the appropriate committees of the House of Representatives and
        the Senate, in a timely manner, the Comptroller General's
        findings, conclusions, and recommendations for improvements in
        such programs.''.

SEC. 5. AMENDMENT TO BAYH-DOLE ACT.

    Section 210(e) of title 35, United States Code, is amended by
inserting ``and the Technology Commercialization Act of 1993'' after
``Federal Technology Transfer Act of 1986''.

Summary: Technology Transfer Improvements Act of 1993 - Amends the Stevenson-Wydler Technology Innovation Act of 1980 regarding title to intellectual property arising from cooperative research and developments agreements (CRADAs) to: (1) direct Federal laboratories to ensure that such title is assigned to the collaborating parties to the CRADA in exchange for reasonable compensation to the Federal laboratory. (2) authorize a Federal laboratory to retain a nonexclusive, nontransferable, irrevocable, paid-up license from the collaborating parties for such property. And (3) authorize a Federal laboratory to require a collaborating partner to grant a license to use such property to a responsible applicant. Defines intellectual property rights as: (1) patents in the case of Government-owned, Government-operated Federal laboratories. And (2) patents, copyrights, and computer chip mask work registration in the case of Government-owned, contractor-operated Federal laboratories. Sets forth a framework for the distribution of income from intellectual property received by Federal agencies or laboratories. Requires the Comptroller General to report to the Congress on the effectiveness of the income-sharing programs established under this Act. Amends the Bayh-Dole Act to grant this Act precedence over its provisions.