SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Prepaid Card Consumer Protection Act
of 2010''.

SEC. 2. DEFINITIONS.

    (a) Definition of ``Account''.--Section 903 of the Electronic Fund
Transfer Act (15 U.S.C. 1693a) is amended by striking paragraph (2) and
inserting the following:
            ``(2) the term `account'--
                    ``(A) means--
                            ``(i) a demand deposit, savings deposit, or
                        other asset account (other than an occasional
                        or incidental credit balance in an open end
                        credit plan as defined in section 103(i) of
                        this Act), as described in regulations of the
                        Bureau, established primarily for personal,
                        family, or household purposes, including a
                        payroll card account, as defined by the Bureau
                        by rule; and
                            ``(ii) a spending card account, as defined
                        in section 924(a); and
                    ``(B) does not include an account held by a
                financial institution pursuant to a bona fide trust
                agreement;''.
    (b) Definition of ``Financial Institution''.--Section 903(9) of the
Electronic Fund Transfer Act (15 U.S.C. 1693a(9)) is amended by
striking ``holds an account'' and inserting ``provides or holds an
account containing funds''.
    (c) Technical and Conforming Amendments.--Section 903 of the
Electronic Fund Transfer Act (15 U.S.C. 1693a) is amended--
            (1) by redesignating paragraph (4) (relating to the Board
        of Governors of the Federal Reserve System), as so designated
        by section 1084(2)(A) of the Dodd-Frank Wall Street Reform and
        Consumer Protection Act (Public Law 111-203; 124 Stat. 2081),
        as paragraph (3); and
            (2) in paragraph (3), as so redesignated by paragraph (1)
        of this subsection, by striking ``term `Bureau' means the
        Bureau of Governors'' and inserting ``term `Board' means the
        Board of Governors''.

SEC. 3. SPENDING CARD ACCOUNTS.

    (a) Spending Card Accounts.--The Electronic Fund Transfer Act (15
U.S.C. 1693 et seq.) is amended--
            (1) by redesignating section 923 (15 U.S.C. 1693 note),
        relating to the effective date of the Electronic Fund Transfer
        Act, as so designated by section 1073 of the Dodd-Frank Wall
        Street Reform and Consumer Protection Act (Public Law 111-203;
        124 Stat. 2060), as section 925;
            (2) by redesignating section 922 (15 U.S.C. 1693r),
        relating to exemptions for State regulation, as so designated
        by section 1073 of the Dodd-Frank Wall Street Reform and
        Consumer Protection Act (Public Law 111-203; 124 Stat. 2060),
        as section 923; and
            (3) by inserting after section 923, as redesignated by
        paragraph (2), the following:
``Sec. 924. Spending card accounts
    ``(a) Definition.--For purposes of this section, the term `spending
card account'--
            ``(1) means an asset account, other than as defined in
        subparagraph (A)(i) or (B) of section 903(2)--
                    ``(A) that is established by a consumer or on
                behalf of a consumer;
                    ``(B) that contains the funds of a consumer;
                    ``(C) to which payments are to be made by a
                consumer, or at the direction of a consumer;
                    ``(D) to which recurring electronic fund transfers
                may be made, at the direction of a consumer; or
                    ``(E) from which payments may be made at the
                direction of a consumer through the use of a card,
                code, or device;
            ``(2) includes an asset account described in paragraph
        (1)--
                    ``(A) that is operated or managed by a financial
                institution, or any other person; and
                    ``(B) the funds of which are--
                            ``(i) pooled with the funds of a person
                        other than the person who established the
                        account; or
                            ``(ii) held in a name other than that of
                        the person who established the account; and
            ``(3) does not include--
                    ``(A) a nonreloadable general-use prepaid card, as
                defined in section 915(a)(2)(A), in an amount that does
                not exceed $250;
                    ``(B) a general-use prepaid card, as defined in
                section 915(a)(2)(A), that is solely associated with--
                            ``(i) a health plan to which section 105 of
                        the Internal Revenue Code of 1986 applies;
                            ``(ii) a qualified transportation fringe,
                        as defined in section 132(f) of the Internal
                        Revenue Code of 1986;
                            ``(iii) a health savings account, as
                        defined in section 223(d) of the Internal
                        Revenue Code of 1986; or
                            ``(iv) any other healthcare benefit
                        account, including a healthcare account
                        relating to Medicare or Medicaid benefits;
                    ``(C) a gift certificate, as defined in section
                915(a)(2)(B);
                    ``(D) a store gift card, as defined in section
                915(a)(2)(C);
                    ``(E) an electronic promise, plastic card, or
                payment code or device described in clause (i), (v), or
                (vi) of section 915(a)(2)(D);
                    ``(F) a nonreloadable card labeled as a gift card
                and marketed solely as a gift card; or
                    ``(G) a nonreloadable loyalty, rebate or
                promotional card.
    ``(b) FDIC Insurance.--
            ``(1) Insurance required.--A financial institution may only
        offer electronic fund transfer services in connection with a
        spending card account if the account is insured under, and
        complies with the requirements for pass-through deposit
        insurance under, section 11 of the Federal Deposit Insurance
        Act (12 U.S.C. 1821).
            ``(2) Transfer of funds.--Any person that accepts funds in
        connection with an electronic fund transfer to a spending card
        account shall promptly, and in no event later than 24 hours
        after the person accepts the funds--
                    ``(A) transfer such funds to an account at an
                insured depository institution (as defined in section
                3(c) of the Federal Deposit Insurance Act (12 U.S.C.
                1813(c))); or
                    ``(B) credit the spending card account an amount
                equal to the amount of such funds.
    ``(c) Alternative to Periodic Statement.--
            ``(1) Periodic statement not required.--In the case of an
        electronic fund transfer from a spending card account, a
        financial institution shall not be subject to the requirement
        under section 906(c) to provide a periodic statement to a
        consumer, if--
                    ``(A) the financial institution provides to the
                consumer--
                            ``(i) access to the account balance of the
                        consumer--
                                    ``(I) through a readily available
                                telephone line;
                                    ``(II) through the Internet; and
                                    ``(III) at an electronic terminal
                                or other device that allows the
                                consumer to make a balance inquiry, by
                                providing balance information or,
                                routinely or upon request, on a receipt
                                provided at the electronic terminal at
                                the time of an electronic fund
                                transfer;
                            ``(ii) notice of the means by which the
                        consumer may access the account balance of the
                        consumer, including any telephone number;
                            ``(iii) in response to an oral or written
                        request of the consumer, a written record of
                        the account transactions of the consumer during
                        the 2-year period ending on the date of the
                        request that includes the information required
                        to be provided to the consumer under section
                        906(c);
                            ``(iv) an electronic record, such as a
                        record available on the Internet, of the
                        account transactions of the consumer during the
                        60-day period ending on the date on which the
                        consumer accesses the electronic record that
                        includes the information required to be
                        provided to the consumer under section 906(c);
                            ``(v) with at least the same frequency as a
                        written periodic statement that would otherwise
                        be required under section 906, notification by
                        email of the availability of an electronic
                        history or an electronic periodic statement,
                        unless the consumer has declined to provide an
                        email address;
                            ``(vi) the option to receive a written
                        periodic statement and notice of such option;
                            ``(vii) annual notice of the error
                        resolution procedure for the spending card
                        account, as prescribed in regulations of the
                        Bureau; and
                            ``(viii) any other transaction information
                        that the financial institution elects to make
                        available and that the consumer elects to
                        receive, such as messages or alerts concerning
                        balance levels or account activity; or
                    ``(B) the consumer does not provide a valid address
                to the card issuer.
            ``(2) Fees prohibited.--
                    ``(A) In general.--Except as provided in
                subparagraph (B), a financial institution may not
                charge a fee for any service provided under paragraph
                (1).
                    ``(B) Fee for written periodic statement.--A
                financial institution may charge a fee of not more than
                $1 for each written periodic statement provided under
                paragraph (1)(A)(vi).
            ``(3) No election by consumer.--If a consumer does not
        provide an email address to a financial institution and does
        not elect to receive written periodic statements under
        paragraph (1)(A)(vi), the financial institution shall provide a
        written statement to the consumer at least once each year, at
        no cost to the consumer, that contains the date, source, and
        amount of each transaction made or fee charged, together with
        such additional information as the Bureau may require.
    ``(d) Limitations on Liability.--For purposes of section 909(a),
reimbursement need not be made to a consumer for a loss relating to a
spending card account that a financial institution establishes would
not have occurred but for the failure of the consumer to report any
unauthorized electronic fund transfer or account error--
            ``(1) not later than 60 days after the earlier of--
                    ``(A) the receipt by the consumer of a written
                account record under subsection (c)(1) that includes
                the unauthorized electronic fund transfer or account
                error; or
                    ``(B) the date on which account information that
                includes the unauthorized electronic fund transfer or
                account error is provided to or accessed by the
                consumer under subsection (c); or
            ``(2) in extenuating circumstances, such as extended travel
        or hospitalization, within a longer time that is reasonable
        under the circumstances.
    ``(e) Fees.--
            ``(1) Fees prohibited.--Except as provided in paragraph
        (2), a financial institution may not charge in connection with
        a spending card account--
                    ``(A) an annual fee;
                    ``(B) an overdraft fee, including a fee for
                shortage or nonsufficient funds, or any other fee for a
                transaction processed for amounts exceeding the account
                balance;
                    ``(C) a usage fee for use at the point of sale;
                    ``(D) a fee for a declined transaction;
                    ``(E) a fee for the use of an electronic terminal
                that is in the network of the issuer;
                    ``(F) an inactivity or dormancy fee;
                    ``(G) a fee for a balance inquiry or access to
                transaction information;
                    ``(H) a fee for an inquiry to customer service;
                    ``(I) a finance charge or other fee imposed in
                connection with an extension of credit;
                    ``(J) an account closing fee or a fee to obtain the
                remaining balance in the spending card account; or
                    ``(K) a fee for any activity not described in
                paragraph (2).
            ``(2) Fees permitted.--A financial institution may charge
        in connection with a spending card account--
                    ``(A) a fee for a replacement card--
                            ``(i) of not more than $5 for the first
                        replacement card requested by a consumer during
                        any 12-month period; and
                            ``(ii) that is in addition to the
                        replacement card described in clause (i);
                    ``(B) a fee for expedited delivery of a replacement
                card;
                    ``(C) a periodic fee, not more frequently than
                monthly;
                    ``(D) a reload fee, or any other fee for adding
                value to the spending card account, if the financial
                institution provides an alternate method for adding
                value to the spending card account without a fee;
                    ``(E) a fee for a transfer from the spending card
                account to another account;
                    ``(F) a fee for bill payment by check;
                    ``(G) a fee for a withdrawal by the consumer from
                an electronic terminal that is--
                            ``(i) located outside the United States;
                            ``(ii) not in the network of the financial
                        institution, including a fee to cover the costs
                        of any charge to the financial institution by
                        the owner of the electronic terminal relating
                        to the use of the electronic terminal by the
                        consumer;
                    ``(H) a fee for a purchase or a withdrawal in a
                foreign currency; and
                    ``(I) an activation, initiation, or enrollment fee.
            ``(3) Disclosure of fee information.--
                    ``(A) Disclosure required.--Each financial
                institution that offers a spending card account shall
                provide to a consumer--
                            ``(i) together with any application, offer,
                        or solicitation for a spending card account--
                                    ``(I) a table of any fees that may
                                be charged in connection with the
                                spending card account that--
                                            ``(aa) can be easily
                                        understood by the consumer;
                                            ``(bb) is conspicuously
                                        displayed to the consumer
                                        before purchase; and
                                            ``(cc) includes, at a
                                        minimum, the amount and a
                                        description of each fee that
                                        may be charged by the financial
                                        institution under paragraph
                                        (2); and
                                    ``(II) an estimate of the average
                                total monthly cost to a typical
                                consumer for using the spending card
                                account;
                            ``(ii) on the card or other means of
                        access, a toll-free telephone number and
                        website at which the consumer may access a
                        clear and conspicuous disclosure of the fees
                        that may be charged in connection with the
                        spending card account; and
                            ``(iii) a wallet-sized summary of any fees
                        that may be charged in connection with the
                        spending card account and a toll-free telephone
                        number for customer service relating to the
                        spending card account.
                    ``(B) Regulations.--Not later than 9 months after
                the date of enactment of the Prepaid Card Consumer
                Protection Act of 2010, the Bureau shall establish, by
                regulation--
                            ``(i) the headings, content, and format of
                        the fee table, estimate, and wallet-sized fee
                        summary required under subparagraph (A); and
                            ``(ii) a profile of the typical consumer
                        for purposes of subparagraph (A)(i)(II).''.
    (b) Technical and Conforming Amendments.--
            (1) Written periodic statements.--Section 906(c) of the
        Electronic Fund Transfer Act (15 U.S.C. 1693d(c)) is amended,
        in the first sentence of the matter preceding paragraph (1), by
        striking ``A financial'' and inserting ``Except as provided in
        section 923(c), a financial''.
            (2) Error resolution.--Section 908(a) of the Electronic
        Fund Transfer Act (15 U.S.C. 1693f(a)) is amended by striking
        ``or notification pursuant to section 906(b)'' and inserting
        ``, notification pursuant to section 906(b), or written or
        electronic documentation pursuant to section 923(c)''.

SEC. 4. EFFECTIVE DATE.

    This Act, and the amendments made by this Act, shall take effect on
the date that is 6 months after the date of enactment of this Act.

Summary: Prepaid Card Consumer Protection Act of 2010 - Amends the Electronic Fund Transfer Act to extend its coverage to spending card accounts established by a consumer : (1) to which recurring electronic fund transfers may be made, at the consumer's direction, and (2) from which payments may be made, at the consumer's direction, through the use of a card, code, or device. Treats as a spending card account any similar asset account operated or managed by a financial institution, or any other person, whose funds: (1) are pooled with the funds of a person other than the one who established the account, or (2) are held in a name other than that of the person who established the account. Excludes from the meaning of spending card account: (1) any nonreloadable general-use prepaid card in an amount under $250. And (2) any general-use prepaid card solely associated with a certain kind of health plan, a qualified transportation fringe, a health savings account or any other healthcare benefit account, a gift certificate, a store gift card, an electronic promise, plastic card, or payment code, or device, a nonreloadable card labeled as a gift card and marketed solely as such, or a nonreloadable loyalty, rebate, or promotional card. Requires a financial institution to offer electronic fund transfer services in connection with a spending card account only if the account is insured under the Federal Deposit Insurance Act and complies with its pass-through deposit insurance requirements. Requires any person that accepts funds in connection with an electronic fund transfer to a spending card account to: (1) transfer them, within 24 hours after accepting them, to an account at an insured depository institution. Or (2) credit the spending card account an amount equal to the amount of such funds. Waives the requirement for providing a consumer with a periodic statement if a financial institution, among other things, provides the consumer with access to the account balance through a readily available telephone line and the Internet and at an electronic terminal or other device that allows the consumer to make a balance inquiry. Prohibits the charging of fees for services required to meet these requirements, other than $1 for an optional periodic statement. Specifies other fees which may and may not be charged in connection with a spending account card.

A bill to amend the Electronic Fund Transfer Act to provide protection for consumers who have prepaid cards, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Hurricane Katrina Employment and
Training Assistance Act''.

SEC. 2. SPECIAL RULES FOR NATIONAL EMERGENCY GRANTS RELATED TO
              HURRICANE KATRINA.

    (a) Use of Grants for Projects Outside Disaster Area.--Funds
provided to States that submit applications for assistance described in
section 173(a)(2) of the Workforce Investment Act of 1998 (29 U.S.C.
2918(a)(2)) to address the effects of Hurricane Katrina may be used to
provide disaster relief employment and other assistance under section
173(d)(1) of such Act (29 U.S.C. 2918(d)(1)) on projects that provide
assistance in areas outside of the disaster area (as such term is
defined in section 173(a)(2) of such Act).
    (b) Expanded Eligibility for Disaster Relief Employment.--Funds
provided to States that submit applications for assistance described in
section 173(a)(2) of the Workforce Investment Act of 1998 to address
the effects of Hurricane Katrina may be used to provide disaster relief
employment and other assistance under section 173(d)(1) of such Act, or
public sector employment authorized under subsection (c) of this Act,
to individuals who were unemployed at the time of the emergency or
major disaster involved and to individuals who are without employment
history, in addition to individuals described in section 173(d)(2) of
the Workforce Investment Act of 1998 (29 U.S.C. 2918(d)(2)).
    (c) Authorization for General Public Sector Employment.--Funds
provided to States that submit applications for assistance described in
section 173(a)(2) of the Workforce Investment Act of 1998 to address
the effects of Hurricane Katrina may be used to provide to eligible
individuals temporary employment by public sector entities for a period
not to exceed 6 months in addition to disaster relief employment
described in section 173(d)(1) of such Act.
    (d) Extension of the Duration of Disaster Relief Employment.--The
Secretary of Labor may extend the 6-month maximum duration of
employment under this Act and under section 173(d) of the Workforce
Investment Act of 1998 (29 U.S.C. 2918(d)) for not more than an
additional 6 months due to extraordinary circumstances.
    (e) Priority for Disaster Relief Employment Funds.--In awarding
national emergency grants to States under section 173(a)(2) of the
Workforce Investment Act of 1998 (29 U.S.C. 2918(a)(2)) to address the
effects of Hurricane Katrina by providing disaster relief employment,
the Secretary of Labor shall--
            (1) first, give priority to States in which areas that have
        suffered major disasters (as defined in section 102 of the
        Robert T. Stafford Disaster Relief and Emergency Assistance Act
        (42 U.S.C. 5122)) are located; and
            (2) second, give priority to the remaining States that have
        been most heavily impacted by the demand for services by
        workers affected by Hurricane Katrina.
    (f) Documentation.--In providing disaster relief employment under
section 173(a)(2) of the Workforce Investment Act of 1998 (29 U.S.C.
2918(a)(2)), an entity shall not deny such employment to a worker
affected by Hurricane Katrina because of the worker's inability, due to
the effects of Hurricane Katrina, to provide at the time of application
appropriate documentation of eligibility under section 173(d)(2) of
such Act (29 U.S.C. 2918(d)(2)).
    (g) Eligibility for Needs-Related Payments.--Funds provided to
States that submit applications for asisstance described in section
173(a)(2) of the Workforce Investment Act of 1998 (29 U.S.C.
2918(a)(2)) to address the effects of Hurricane Katrina may be used to
provide needs-related payments (described in section 134(e)(3) of such
Act (29 U.S.C. 2864(e)(3))) to individuals described in subsection (b)
who do not qualify for (or have ceased to qualify for) unemployment
compensation, and who are not employed on a project described under
section 173(d) of such Act, for the purpose of enabling such
individuals to participate in activities described in paragraphs (2),
(3), or (4) of section 134(d) of such Act.
    (h) Use of Available Funds.--With the approval of the Secretary of
Labor, any State may use funds that remain available for expenditure
under any grants awarded to the State under section 173 of the
Workforce Investment Act of 1998 (29 U.S.C. 2918) or under this
section, to provide any assistance authorized under such section 173 or
this section, or personal protective equipment not otherwise available
through public funds or private contributions, to assist workers
affected by Hurricane Katrina, including workers who have relocated
from areas for which an emergency or major disaster (as defined in
section 102 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5122)) was declared, due to the effects of
Hurricane Katrina.
    (i) Expanded Eligibility for Employment and Training Activities.--
            (1) In general.--In awarding national emergency grants
        under section 173(a)(1) of the Workforce Investment Act of 1998
        (29 U.S.C. 2918(a)(1)), the Secretary may award such a grant to
        an entity to provide employment and training assistance
        available under section 173(a)(1) of such Act to workers
        affected by Hurricane Katrina, including workers who have
        relocated from areas for which an emergency or major disaster
        (as defined in section 102 of the Robert T. Stafford Disaster
        Relief and Emergency Assistance Act (42 U.S.C. 5122)) was
        declared, due to the effects of Hurricane Katrina.
            (2) Eligible entity.--In this subsection, the term
        ``entity'' means a State, a local board (as defined in section
        101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801)),
        or an entity described in section 166(c) of such Act (29 U.S.C.
        2911(c)), that submits an application for assistance described
        in section 173(a)(1) of the Workforce Investment Act of 1998 to
        address the effects of Hurricane Katrina.

SEC. 3. SENSE OF CONGRESS.

    (a) Mobile One-Stop Centers.--It is the sense of Congress that
States that operate mobile one-stop centers, established as part of
one-stop delivery systems authorized under subtitle B of title I of the
Workforce Investment Act of 1998 (29 U.S.C. 2811 et seq.) should, where
possible, make such centers available for use in the areas affected by
Hurricane Katrina, and areas where large numbers of workers affected by
Hurricane Katrina have been relocated.
    (b) Expanded Operational Hours.--It is the sense of Congress that
one-stop operators (as such term is defined in section 101 of the
Workforce Investment Act of 1998 (29 U.S.C. 2801) should increase
access for workers affected by Hurricane Katrina to the one-stop
delivery systems authorized under subtitle B of title I of such Act,
including through the implementation of expanded operational hours at
one-stop centers and on-site services for individuals in temporary
housing locations.

Summary: Hurricane Katrina Employment and Training Assistance Act - Allows national emergency grant funds to states under the Workforce Investment Act of 1998 (WIA) for addressing the effects of Hurricane Katrina (HK) to be used to provide disaster relief employment on projects that provide assistance in areas outside of the HK-disaster area. Allows such funds to be used to provide disaster relief employment and other WIA assistance, or temporary general public sector employment, to HK-affected individuals, including those who have relocated from states in the disaster area, who were unemployed at the time of the disaster, or who are without employment history, in addition those who meet WIA eligibility requirements. Limits such general public sector employment to not more than six months in addition to such disaster relief employment. Authorizes the Secretary of Labor, however, to extend the duration of employment under this Act and WIA for up to an additional six months due to extraordinary circumstances. Directs the Secretary, in awarding WIA national emergency grants for disaster relief employment, to give priority: (1) first, to states with major disaster areas. And (2) second, to the remaining states that have been most heavily impacted by the demand for services by HK-affected workers. Prohibits an entity that is providing such disaster relief employment from denying such employment because of an HK-affected worker's inability, due to HK's effects, to provide documentation of eligibility. Allows any state, with the Secretary's approval, to use available WIA national emergency grant funds to assist HK-affected workers, including those who have relocated from states in the HK-disaster area. Authorizes the Secretary to award a WIA national emergency grant for employment and training assistance (ETA) for dislocated workers to an eligible entity to provide ETA to HK-affected workers, including workers who have relocated from HK-disaster areas. Expresses the sense of Congress that: (1) states operating one-stop centers should make them available for use in HK-affected areas and areas where large numbers of HK's victims have been relocated. And (2) one-stop operators should increase access for HK-affected individuals, including through expanded operational hours and on-site services for those in temporary housing locations.

A bill to provide special rules for disaster relief employment under the Workforce Investment Act of 1998 for individuals displaced by Hurricane Katrina.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Small Company Capital Formation Act
of 2011''.

SEC. 2. AUTHORITY TO EXEMPT CERTAIN SECURITIES.

    (a) In General.--Section 3(b) of the Securities Act of 1933 (15
U.S.C. 77c(b)) is amended--
            (1) by striking ``(b) The Commission'' and inserting the
        following:
    ``(b) Additional Exemptions.--
            ``(1) Small issues exemptive authority.--The Commission'';
        and
            (2) by adding at the end the following:
            ``(2) Additional issues.--The Commission shall by rule or
        regulation add a class of securities to the securities exempted
        pursuant to this section in accordance with the following terms
        and conditions:
                    ``(A) The aggregate offering amount of all
                securities offered and sold within the prior 12-month
                period in reliance on the exemption added in accordance
                with this paragraph shall not exceed $50,000,000.
                    ``(B) The securities may be offered and sold
                publicly.
                    ``(C) The securities shall not be restricted
                securities within the meaning of the Federal securities
                laws and the regulations promulgated thereunder.
                    ``(D) The civil liability provision in section
                12(a)(2) shall apply to any person offering or selling
                such securities.
                    ``(E) The issuer may solicit interest in the
                offering prior to filing any offering statement, on
                such terms and conditions as the Commission may
                prescribe in the public interest or for the protection
                of investors.
                    ``(F) The Commission shall require the issuer to
                file audited financial statements with the Commission
                annually.
                    ``(G) Such other terms, conditions, or requirements
                as the Commission may determine necessary in the public
                interest and for the protection of investors, which may
                include--
                            ``(i) a requirement that the issuer prepare
                        and electronically file with the Commission and
                        distribute to prospective investors an offering
                        statement, and any related documents, in such
                        form and with such content as prescribed by the
                        Commission, including audited financial
                        statements, a description of the issuer's
                        business operations, its financial condition,
                        its corporate governance principles, its use of
                        investor funds, and other appropriate matters;
                        and
                            ``(ii) disqualification provisions under
                        which the exemption shall not be available to
                        the issuer or its predecessors, affiliates,
                        officers, directors, underwriters, or other
                        related persons, which shall be substantially
                        similar to the disqualification provisions
                        contained in the regulations adopted in
                        accordance with section 926 of the Dodd-Frank
                        Wall Street Reform and Consumer Protection Act
                        (15 U.S.C. 77d note).
            ``(3) Limitation.--Only the following types of securities
        may be exempted under a rule or regulation adopted pursuant to
        paragraph (2): equity securities, debt securities, and debt
        securities convertible or exchangeable to equity interests,
        including any guarantees of such securities.
            ``(4) Periodic disclosures.--Upon such terms and conditions
        as the Commission determines necessary in the public interest
        and for the protection of investors, the Commission by rule or
        regulation may require an issuer of a class of securities
        exempted under paragraph (2) to make available to investors and
        file with the Commission periodic disclosures regarding the
        issuer, its business operations, its financial condition, its
        corporate governance principles, its use of investor funds, and
        other appropriate matters, and also may provide for the
        suspension and termination of such a requirement with respect
        to that issuer.
            ``(5) Adjustment.--Not later than 2 years after the date of
        enactment of the Small Company Capital Formation Act of 2011
        and every 2 years thereafter, the Commission shall review the
        offering amount limitation described in paragraph (2)(A) and
        shall increase such amount as the Commission determines
        appropriate. If the Commission determines not to increase such
        amount, it shall report to the Committee on Financial Services
        of the House of Representatives and the Committee on Banking,
        Housing, and Urban Affairs of the Senate on its reasons for not
        increasing the amount.''.
    (b) Treatment as Covered Securities for Purposes of NSMIA.--Section
18(b)(4) of the Securities Act of 1933 (15 U.S.C. 77r(b)(4)) is
amended--
            (1) in subparagraph (C), by striking ``; or'' at the end
        and inserting a semicolon; and
            (2) by redesignating subparagraph (D) as subparagraph (E),
        and inserting after subparagraph (C) the following:
                    ``(D) a rule or regulation adopted pursuant to
                section 3(b)(2) and such security is--
                            ``(i) offered or sold on a national
                        securities exchange; or
                            ``(ii) offered or sold to a qualified
                        purchaser, as defined by the Commission
                        pursuant to paragraph (3) with respect to that
                        purchase or sale.''.
    (c) Conforming Amendment.--Section 4(5) of the Securities Act of
1933 is amended by striking ``section 3(b)'' and inserting ``section
3(b)(1)''.

SEC. 3. STUDY ON THE IMPACT OF STATE BLUE SKY LAWS ON REGULATION A
              OFFERINGS.

    The Comptroller General shall conduct a study on the impact of
State laws regulating securities offerings, or ``Blue Sky laws'', on
offerings made under Regulation A (17 CFR 230.251 et seq.). The
Comptroller General shall transmit a report on the findings of the
study to the Committee on Financial Services of the House of
Representatives, and the Committee on Banking, Housing, and Urban
Affairs of the Senate not later than 3 months after the date of
enactment of this Act.

            Passed the House of Representatives November 2, 2011.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.

Summary: Small Company Capital Formation Act of 2011 - Amends the Securities Act of 1933 (Act) to direct the Securities and Exchange Commission (SEC) to exempt from its regulation a class of securities for which the aggregate offering amount of all securities sold within the prior 12-month period in reliance upon such exemption does not exceed $50 million. Restricts any such exemption to equity securities, debt securities, and debt securities convertible or exchangeable to equity interests, including any guarantees of such securities. Subjects to civil liability certain violations arising from offering or selling securities by use of prospectuses and communications. Authorizes the SEC to: (1) require an issuer of such exempted class of securities to make periodic disclosures available to investors regarding the issuer, its business operations, financial condition, corporate governance principles, and use of investor funds. (2) require the issuer to file electronically with the SEC and distribute to prospective investors an offering statement which includes this information. (3) provide for the suspension and termination of this disclosure requirement with respect to that issuer. And (4) prescribe exemption disqualification requirements, substantially similar to regulations adopted in accordance with the Dodd-Frank Wall Street Reform and Consumer Protection Act, under which the exemption shall not be available to the issuer and related persons, including predecessors, affiliates, officers, directors, and underwriters. Requires the SEC to: (1) review and increase biennially such offering amount limitation, as appropriate. And (2) report to certain congressional committees its reasons for not increasing the amount if it determines not to do so. Exempts from state regulation the securities covered and required exempted from SEC regulation by this Act. Directs the Comptroller General to study the impact of state laws regulating securities offerings on offerings made under Regulation A .

To amend the Securities Act of 1933 to require the Securities and Exchange Commission to exempt a certain class of securities from such Act.


SECTION. 1. SHORT TITLE.

    This Act may be cited as the ``Immigrant Labor Policy Review Act''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) The unemployment rate in the United States is at a
        record low.
            (2) Many industries in the United States, including
        agriculture, tourism, construction, nursing, information
        technology, and other portions of the service sector, are
        experiencing labor shortages.
            (3) The inability to secure sufficient workers is having a
        detrimental impact on the economy of the United States and the
        standard of living for all people in the United States.

SEC. 3. ESTABLISHMENT.

    There is established a commission to be known as the High Level
Commission on Immigrant Labor Policy (hereinafter in this Act referred
to as the ``Commission'').

SEC. 4. DUTIES.

    (a) In General.--The Commission shall study the interactions
between Federal immigration policy and the labor markets for aliens in
the United States, including the following subjects:
            (1) The adequacy of the supply of labor in the United
        States and whether this supply needs to be further supplemented
        with alien workers.
            (2) The extent to which employers in the United States rely
        upon the employment of a temporary workforce.
            (3) The economic impact and desirability of maintaining
        statutory caps on nonimmigrant workers.
            (4) The extent to which employers in the United States rely
        upon the employment of a workforce that includes or consists of
        aliens who unlawfully enter or remain in the United States.
            (5) The extent of unemployment and underemployment of
        workers who are United States citizens or aliens lawfully
        admitted to the United States for permanent residence.
            (6) The effectiveness of United States labor policies in
        stopping the flow into the United States of illegal immigrants.
            (7) Any other subject necessary to permit the Commission to
        prepare the reports required under section 8.
    (b) Consultation.--In conducting the study, the Commission shall
consult with migrant labor groups, nonprofit organizations, labor
unions, pertinent business and agriculture associations and
organizations, State Governors, law enforcement associations and
organizations, and relevant executive branch agencies and congressional
committees.

SEC. 5. MEMBERSHIP.

    (a) Number and Appointment.--The Commission shall consist of 10
members, to be appointed as follows:
            (1) 4 to be appointed by the President.
            (2) 2 to be appointed by the Speaker of the House of
        Representatives.
            (3) 1 to be appointed by the minority leader of the House
        of Representatives.
            (4) 2 to be appointed by the President pro tempore of the
        Senate.
            (5) 1 to be appointed by the minority leader of the Senate.
    (b) Consultations.--In making appointments under subsection (a)(1),
the President shall consult with--
            (1) the Attorney General in appointing 1 member;
            (2) the Chairman of the Federal Reserve Board in appointing
        1 member;
            (3) the Secretary of Commerce in appointing 1 member; and
            (4) the Secretary of Agriculture in appointing 1 member.
    (c) Terms.--Each member of the Commission shall be appointed for
the life of the Commission.
    (d) Vacancies.--A vacancy in the Commission shall be filled in the
manner in which the original appointment was made.
    (e) Chairperson.--The Chairman of the Federal Reserve Board (or the
Chairman of the Federal Reserve Board's designee) shall serve as the
chairperson of the Commission until such time as the members of the
Commission can elect a chairperson.
    (f) Basic Pay.--Each member shall serve without pay. Each member
shall receive travel expenses, including per diem in lieu of
subsistence, in accordance with sections 5702 and 5703 of title 5,
United States Code.
    (g) Quorum.--A majority of the members shall constitute a quorum
for the transaction of business.
    (h) Meetings.--The Commission shall meet at the call of the
chairperson.

SEC. 6. DIRECTOR AND STAFF; EXPERTS AND CONSULTANTS.

    (a) Director.--The Commission shall have a director who shall be
appointed by the chairperson subject to rules prescribed by the
Commission.
    (b) Staff.--Subject to rules prescribed by the Commission, the
chairperson may appoint and fix the pay of such additional personnel as
the chairperson considers appropriate.
    (c) Applicability of Certain Civil Service Laws.--The director and
staff of the Commission may be appointed without regard to title 5,
United States Code, governing appointments in the competitive service,
and may be paid without regard to the requirements of chapter 51 and
subchapter III of chapter 53 of such title relating to classification
and General Schedule pay rates, except that an individual so appointed
may not receive pay in excess of the maximum annual rate of basic pay
payable for GS-15 of the General Schedule.
    (d) Experts and Consultants.--The chairperson may procure temporary
and intermittent services under section 3109(b) of title 5, United
States Code, at rates for individuals not to exceed the daily
equivalent of the maximum annual rate of basic pay payable for GS-15 of
the General Schedule.
    (e) Staff of Federal Agencies.--Upon request of the chairperson,
the head of any Federal agency may detail, on a reimbursable basis, any
of the personnel of the agency to the Commission to assist the
Commission in carrying out its duties.

SEC. 7. POWERS.

    (a) Obtaining Official Data.--The chairperson may secure directly
from any Federal agency information necessary to enable the Commission
to carry out its duties. Upon request of the chairperson, the head of
the agency shall furnish such information to the Commission to the
extent such information is not prohibited from disclosure by law.
    (b) Mails.--The Commission may use the United States mails in the
same manner and under the same conditions as other Federal agencies.
    (c) Administrative Support Services.--Upon the request of the
chairperson, the Administrator of General Services shall provide to the
Commission, on a reimbursable basis, the administrative support
services necessary for the Commission to carry out its duties.
    (d) Contract Authority.--The chairperson may contract with and
compensate government and private agencies or persons for the purpose
of conducting research, surveys, and other services necessary to enable
the Commission to carry out its duties.

SEC. 8. REPORTS.

    (a) Interim Report.--Not later than 6 months after the date of the
enactment of this Act, the Commission shall prepare and submit to the
President and the Congress an interim report on the following:
            (1) The overall effectiveness of Federal immigration and
        labor laws and policies in--
                    (A) protecting jobs held by citizens and nationals
                of the United States, aliens who are lawfully admitted
                to the United States for permanent residence, aliens
                who are admitted as refugees or are granted asylum, and
                other immigrants otherwise authorized to be employed in
                the United States;
                    (B) preventing exploitation of alien immigrant and
                nonimmigrant workers;
                    (C) reducing the number of illegal border crossings
                into the United States; and
                    (D) reducing the numbers of aliens unlawfully
                employed in the United States.
            (2) The impact of statutory numerical limitations on the
        entry of immigrants and nonimmigrants into the United States on
        the achievement of the goals described in subparagraphs (A)
        through (D) of paragraph (1).
            (3) The impact of recent measures undertaken in border
        areas to deter illegal border crossings on the achievement of
        such goals.
            (4) The impact of Federal alien labor laws and policies on
        the overall economic performance within the United States and
        economic performance within the following sectors:
                    (A) Agriculture.
                    (B) Tourism and service.
                    (C) Construction.
                    (D) Nursing and health care.
                    (E) Apparel.
                    (F) Information technology.
    (b) Final Report.--Not later than 1 year after the date of the
enactment of this Act, the Commission shall prepare and submit to the
President and the Congress a final report that contains at least the
following:
            (1) Information that updates the findings reported in the
        interim report on each of the issues described in paragraphs
        (1) through (4) of subsection (a).
            (2) Recommendations for actions that the Commission
        considers necessary--
                    (A) to curb illegal border crossings into the
                United States;
                    (B) to curb unlawful employment of aliens in the
                United States;
                    (C) to ensure adequate protection of the workers
                described in subsection (a)(1)(A); and
                    (D) to ensure a stable and steady workforce for
                industry in the United States.
            (3) The viability of expanding the agricultural guest
        worker program established under section 101(a)(15)(H)(ii)(a)
        of the Immigration and Nationality Act (8 U.S.C.
        1101(a)(15)(H)(ii)(a)) and section 218 of such Act (8 U.S.C.
        1188) to any or all of the following United States industries:
                    (A) Tourism and service.
                    (B) Construction.
                    (C) Nursing and health care.
                    (D) Apparel.
                    (E) Information technology.
            (4) Recommendations for any additional actions that the
        Commission determines would improve Federal immigration or
        labor laws or policies.
            (5) Any other related information that the Commission
        considers to be appropriate.

SEC. 9. TERMINATION.

    The Commission shall terminate 6 months after the date on which the
Commission submits its final report under section 8(b).

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as may be
necessary to carry out this Act, which sums shall remain available
until expended.

Summary: Immigrant Labor Policy Review Act - Establishes the High Level Commission on Immigrant Labor Policy. Directs the Commission to study the interactions between Federal immigration policy and the labor markets for aliens in the United States. Terminates the Commission six months after submission of its final report.

To establish the High Level Commission on Immigrant Labor Policy.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Oil Independence, Limiting
Subsidies, and Accelerating Vehicle Efficiency (OILSAVE) Act''.

SEC. 2. TAX CREDIT FOR FUEL-EFFICIENT MOTOR VEHICLES.

    (a) In General.--Subpart B of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to other credits) is
amended by inserting after section 30C the following new section:

``SEC. 30D. FUEL-EFFICIENT MOTOR VEHICLE CREDIT.

    ``(a) Allowance of Credit.--There shall be allowed a credit against
the tax imposed by this chapter for the taxable year an amount equal to
the applicable amount for each new qualified fuel-efficient motor
vehicle placed in service by the taxpayer during the taxable year.
    ``(b) New Qualified Fuel-Efficient Motor Vehicle.--For purposes of
this section, the term `new qualified fuel-efficient motor vehicle'
means a motor vehicle (as defined under section 30(c)(2))--
            ``(1) which is a passenger automobile or a light truck,
            ``(2) which--
                    ``(A) in the case of a passenger automobile,
                achieves a fuel economy of not less than 34.5 miles per
                gallon, and
                    ``(B) in the case of a light truck, achieves a fuel
                economy of not less than 27.5 miles per gallon,
            ``(3) the original use of which commences with the
        taxpayer,
            ``(4) which is acquired for use or lease by the taxpayer
        and not for resale, and
            ``(5) which is made by a manufacturer for model year 2007,
        2008, 2009, 2010, or 2011.
    ``(c) Applicable Amount.--For purposes of this section, the
applicable amount shall be determined as follows:

------------------------------------------------------------------------
                                                In the case
                                                    of a     In the case
                                                 passenger    of a light
``If the motor vehicle achieves a fuel economy  automobile,   truck, the
                      of:                           the       applicable
                                                 applicable   amount is:
                                                 amount is:
------------------------------------------------------------------------
27.5 miles per gallon.........................           $0         $630
28.5..........................................            0          710
29.5..........................................            0          780
30.5..........................................            0          850
31.5..........................................            0          920
32.5..........................................            0          980
33.5..........................................            0        1,040
34.5..........................................          630        1.090
35.5..........................................          700        1,140
36.5..........................................          760        1,190
37.5..........................................          820        1,240
38.5..........................................          880        1,280
39.5..........................................          940        1,320
40.5..........................................          990        1,360
41.5..........................................        1,040        1,400
42.5..........................................        1,090        1,430
43.5..........................................        1,140        1,470
44.5..........................................        1,180        1,500
45.5..........................................        1,220        1,530
46.5..........................................        1,260        1,560
47.5..........................................        1,300        1,590
48.5..........................................        1,340        1,620
49.5..........................................        1,370        1,640
50.5..........................................        1,410        1,670
51.5..........................................        1,440        1,690
52.5..........................................        1,470        1,720
53.5..........................................        1,500        1,740
54.5..........................................        1,530        1,760
55.5..........................................        1,560        1,780
56.5..........................................        1,590        1,800
57.5..........................................        1,610        1,820
58.5..........................................        1,640        1,840
59.5 or more..................................        1,660        1,860
------------------------------------------------------------------------

    ``(d) Other Definitions and Special Rules.--For purposes of this
section--
            ``(1) Fuel economy.--The term `fuel economy' has the
        meaning given such term under section 32901(a)(10) of title 49,
        United States Code.
            ``(2) Model year.--The term `model year' has the meaning
        given such term under section 32901(a)(14) of such title.
            ``(3) Other terms.--The terms `passenger automobile',
        `light truck', and `manufacturer' have the meaning given such
        terms in regulations prescribed by the Administrator of the
        Environmental Protection Agency for purposes of the
        administration of title II of the Clean Air Act.
            ``(4) Reduction in basis.--For purposes of this subtitle,
        the basis of any property for which a credit is allowable under
        subsection (a) shall be reduced by the amount of such credit so
        allowed.
            ``(5) No double benefit.--
                    ``(A) Coordination with other vehicle credits.--No
                credit shall be allowed under subsection (a) with
                respect to any new qualified fuel-efficient motor
                vehicle for any taxable year if a credit is allowed
                with respect to such motor vehicle for such taxable
                year under section 30 or 30B.
                    ``(B) Other tax benefits.--The amount of any
                deduction or credit (other than the credit allowable
                under this section and any credit described in
                subparagraph (A)) allowable under this chapter with
                respect to any new qualified fuel-efficient motor
                vehicle shall be reduced by the amount of credit
                allowed under subsection (a) for such motor vehicle for
                such taxable year.
            ``(6) Property used outside the united states, etc., not
        qualified.--No credit shall be allowable under subsection (a)
        with respect to any property referred to in section 50(b)(1) or
        with respect to the portion of the cost of any property taken
        into account under section 179.
            ``(7) Election not to take credit.--No credit shall be
        allowed under subsection (a) for any vehicle if the taxpayer
        elects not to have this section apply to such vehicle.
            ``(8) Interaction with air quality and motor vehicle safety
        standards.--Unless otherwise provided in this section, a motor
        vehicle shall not be considered eligible for a credit under
        this section unless such vehicle is in compliance with--
                    ``(A) the applicable provisions of the Clean Air
                Act for the applicable make and model year of the
                vehicle (or applicable air quality provisions of State
                law in the case of a State which has adopted such
                provision under a waiver under section 209(b) of the
                Clean Air Act), and
                    ``(B) the motor vehicle safety provisions of
                sections 30101 through 30169 of title 49, United States
                Code.
    ``(e) Credit May Be Transferred.--
            ``(1) In general.--A taxpayer may, in connection with the
        purchase of a new qualified fuel-efficient motor vehicle,
        transfer any credit allowable under subsection (a) to any
        person who is in the trade or business of selling new qualified
        fuel-efficient motor vehicles, but only if such person clearly
        discloses to such taxpayer, through the use of a window sticker
        attached to the new qualified fuel-efficient vehicle--
                    ``(A) the amount of any credit allowable under
                subsection (a) with respect to such vehicle, and
                    ``(B) a notification that the taxpayer will not be
                eligible for any credit under section 30 or 30B with
                respect to such vehicle unless the taxpayer elects not
                to have this section apply with respect to such
                vehicle.
            ``(2) Consent required for revocation.--Any transfer under
        paragraph (1) may be revoked only with the consent of the
        Secretary.
            ``(3) Regulations.--The Secretary may prescribe such
        regulations as necessary to ensure that any credit described in
        paragraph (1) is claimed once and not retransferred by a
        transferee.''.
    (b) Conforming Amendments.--
            (1) Section 1016(a) of the Internal Revenue Code of 1986 is
        amended by striking ``and'' at the end of paragraph (36), by
        striking the period at the end of paragraph (37) and inserting
        ``, and'', and by adding at the end the following new
        paragraph:
            ``(38) to the extent provided in section 30D(d)(4).''.
            (2) Section 6501(m) of such Code is amended by inserting
        ``30D(d)(7),'' after ``30C(e)(5),''.
            (3) The table of section for subpart C of part IV of
        subchapter A of chapter 1 of such Code is amended by inserting
        after the item relating to section 30C the following new item:

``Sec. 30D. Fuel-efficient motor vehicle credit.''.
    (c) Effective Date.--The amendments made by this section shall
apply to property placed in service after the date of the enactment of
this Act.

SEC. 3. AMORTIZATION OF INTANGIBLE DRILLING AND DEVELOPMENT COSTS FOR
              MAJOR INTEGRATED OIL COMPANIES.

    (a) In General.--Subsection (i) of section 263 of the Internal
Revenue Code of 1986 is amended--
            (1) by striking ``Incurred Outside the United States'' in
        the heading,
            (2) by inserting ``or owned or operated by a major
        integrated oil company (as defined in section 167(h)(5)(B))''
        after ``United States'', and
            (3) by inserting ``located outside the United States''
        after ``nonproductive well'' in the last sentence thereof.
    (b) Effective Date.--The amendments made by this section shall
apply to costs paid or incurred after the date of the enactment of this
Act.

Summary: Oil Independence, Limiting Subsidies, and Accelerating Vehicle Efficiency (OILSAVE) Act - Amends the Internal Revenue Code to allow a tax credit for the purchase of a new qualified fuel-efficient motor vehicle. Defines new qualified fuel-efficient motor vehicle as a passenger automobile with a fuel economy rating of not less than 34.5 miles per gallon or a light truck with a 27.5 miles per gallon rating which are manufactured for model years 2007-2011. Denies major integrated oil companies the option to expense intangible drilling and development costs.

A bill to amend the Internal Revenue Code of 1986 to provide a credit for fuel-efficient motor vehicles and to require major integrated oil companies to amortize intangible drilling and development costs.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Urban Search and Rescue
Response System Act of 2007''.

SEC. 2. PURPOSE.

    The purpose of this Act is to clarify and codify the authority of
the Administrator of the Federal Emergency Management Agency to
administer the National Urban Search and Rescue Response System for
Federal response to all hazards.

SEC. 3. NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM.

    (a) In General.--Title III of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5141 et seq.) is amended
by adding at the end the following:

``SEC. 327. NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM.

    ``(a) Definitions.--In this section, the following definitions
apply:
            ``(1) Administrator.--The term `Administrator' means the
        Administrator of the Federal Emergency Management Agency.
            ``(2) Agency.--The term `Agency' means the Federal
        Emergency Management Agency.
            ``(3) Hazard.--The term `hazard' has the meaning given that
        term by section 602.
            ``(4) Participating agency.--The term `participating
        agency' means a State or local government, nonprofit
        organization, or private organization that has executed an
        agreement with a sponsoring agency to participate in the
        System.
            ``(5) Sponsoring agency.--The term `sponsoring agency'
        means a State or local government that is the sponsor of a task
        force designated by the Administrator to participate in the
        System.
            ``(6) System.--The term `System' means the National Urban
        Search and Rescue Response System to be administered under this
        section.
            ``(7) System member.--The term `System member' means an
        individual who is not a regular full-time employee of the
        Federal Government, who serves on a task force or on a System
        management or other technical team.
            ``(8) Task force.--The term `task force' means an urban
        search and rescue team designated by the Administrator to
        participate in the System.
    ``(b) General Authority.--Subject to the requirements of this
section, the Administrator shall continue to administer the emergency
response system known as the `National Urban Search and Rescue Response
System'.
    ``(c) Functions.--In administering the System, the Administrator
shall provide for a national network of standardized search and rescue
resources to assist States and local governments in responding to
hazards.
    ``(d) Task Forces.--
            ``(1) Designation.--The Administrator shall designate task
        forces to participate in the System. The Administrator shall
        determine the criteria for such participation.
            ``(2) Sponsoring agencies.--Each task force shall have a
        sponsoring agency. The Administrator shall enter into an
        agreement with the sponsoring agency of each task force with
        respect to the participation of the task force in the System.
            ``(3) Composition.--
                    ``(A) Participating agencies.--A task force may
                include, at the discretion of the sponsoring agency of
                the task force, one or more participating agencies. The
                sponsoring agency of a task force shall enter into an
                agreement with each participating agency of the task
                force with respect to the participation of the
                participating agency on the task force.
                    ``(B) Other individuals.--A task force may also
                include, at the discretion of the sponsoring agency of
                the task force, other individuals not otherwise
                associated with the sponsoring agency or a
                participating agency of the task force. The sponsoring
                agency of a task force may enter into a separate
                agreement with each such individual with respect to the
                participation of the individual on the task force.
    ``(e) Management and Technical Teams.--The Administrator shall
maintain such management teams and other technical teams as the
Administrator determines are necessary to administer the System.
    ``(f) Appointment of System Members Into Federal Service.--
            ``(1) In general.--The Administrator may appoint a System
        member into Federal service for a period of service to provide
        for the participation of the System member in exercises,
        preincident staging, major disaster and emergency response
        activities, and training events sponsored or sanctioned by the
        Administrator.
            ``(2) Nonapplicability of certain civil service laws.--The
        Administrator may make appointments under paragraph (1) without
        regard to the provisions of title 5, United States Code,
        governing appointments in the competitive service.
            ``(3) Relationship to other authorities.--The authority of
        the Administrator to make appointments under this subsection
        shall not affect any other authority of the Administrator under
        this Act.
            ``(4) Limitation.--A System member who is appointed into
        Federal service under paragraph (1) shall not be deemed an
        employee of the United States for purposes other than those
        specifically set forth in this section.
    ``(g) Compensation.--
            ``(1) Pay of system members.--Subject to such terms and
        conditions as the Administrator may impose by regulation, the
        Administrator shall make payments to the sponsoring agency of a
        task force--
                    ``(A) to reimburse each employer of a System member
                on the task force for compensation paid by the employer
                to the System member for any period during which the
                System member is appointed into Federal service under
                subsection (f)(1); and
                    ``(B) as appropriate, in lieu of providing
                reimbursement to an employer of a System member on the
                task force under subparagraph (A), to make payments
                directly to the System member for any period during
                which the System member is appointed into Federal
                service under subsection (f)(1).
            ``(2) Reimbursement for employees filling positions of
        system members.--
                    ``(A) In general.--Subject to such terms and
                conditions as the Administrator may impose by
                regulation, the Administrator shall make payments to
                the sponsoring agency of a task force to reimburse each
                employer of a System member on the task force for
                compensation paid by the employer to an employee
                filling a position normally filled by the System member
                for any period during which the System member is
                appointed into Federal service under subsection (f)(1).
                    ``(B) Limitation.--Costs incurred by an employer
                shall be eligible for reimbursement under subparagraph
                (A) only to the extent that the costs are in excess of
                the costs that would have been incurred by the employer
                had the System member not been appointed into Federal
                service under subsection (f)(1).
            ``(3) Method of payment.--A System member shall not be
        entitled to pay directly from the Agency for a period during
        which the System member is appointed into Federal service under
        subsection (f)(1).
    ``(h) Personal Injury, Illness, Disability, or Death.--
            ``(1) In general.--A System member who is appointed into
        Federal service under subsection (f)(1) and who suffers
        personal injury, illness, disability, or death as a result of a
        personal injury sustained while acting in the scope of such
        appointment shall, for the purposes of subchapter I of chapter
        81 of title 5, United States Code, be treated as though the
        member were an employee (as defined by section 8101 of that
        title) who had sustained the injury in the performance of duty.
            ``(2) Election of benefits.--
                    ``(A) In general.--If a System member (or, in the
                case of the death of the System member, the System
                member's dependent) is entitled--
                            ``(i) under paragraph (1) to receive
                        benefits under subchapter I of chapter 81 of
                        title 5, United States Code, by reason of
                        personal injury, illness, disability, or death,
                        and
                            ``(ii) to receive benefits from a State or
                        local government by reason of the same personal
                        injury, illness, disability, or death,
                the System member or dependent shall elect to receive
                either the benefits referred to in clause (i) or (ii).
                    ``(B) Deadline.--A System member or dependent shall
                make an election of benefits under subparagraph (A) not
                later than one year after the date of the personal
                injury, illness, disability, or death that is the
                reason for the benefits or until such later date as the
                Secretary of Labor may allow for reasonable cause
                shown.
                    ``(C) Effect of election.--An election of benefits
                made under this paragraph is irrevocable unless
                otherwise provided by law.
            ``(3) Reimbursement for state or local benefits.--Subject
        to such terms and conditions as the Administrator may impose by
        regulation, in the event that a System member or dependent
        elects benefits from a State or local government under
        paragraph (2)(A), the Administrator shall reimburse the State
        or local government for the value of those benefits.
    ``(i) Liability.--A System member appointed into Federal service
under subsection (f)(1), while acting within the scope of the
appointment, is deemed an employee of the United States under section
1346(b) of title 28, United States Code, and chapter 171 of that title,
relating to tort claims procedure.
    ``(j) Employment and Reemployment Rights.--With respect to a System
member who is not a regular full-time employee of a sponsoring agency
or participating agency, the following terms and conditions apply:
            ``(1) Service as a System member shall be deemed `service
        in the uniformed services' for purposes of chapter 43 of title
        38, United States Code, relating to employment and reemployment
        rights of individuals who have performed service in the
        uniformed services (regardless of whether the individual
        receives compensation for such participation). All rights and
        obligations of such persons and procedures for assistance,
        enforcement, and investigation shall be as provided for in such
        chapter.
            ``(2) Preclusion of giving notice of service by necessity
        of appointment under this section shall be deemed preclusion by
        `military necessity' for purposes of section 4312(b) of title
        38, United States Code, pertaining to giving notice of absence
        from a position of employment. A determination of such
        necessity shall be made by the Administrator and shall not be
        subject to judicial review.
    ``(k) Licenses and Permits.--If a System member holds a valid
license, certificate, or other permit issued by any State or other
governmental jurisdiction evidencing the member's qualifications in any
professional, mechanical, or other skill or type of assistance required
by the System, the System member shall be deemed to be performing a
Federal activity when rendering aid involving such skill or assistance
during a period of appointment into Federal service under subsection
(f)(1).
    ``(l) Advisory Committee.--
            ``(1) In general.--The Administrator shall establish and
        maintain an advisory committee to provide expert
        recommendations to the Administrator in order to assist the
        Administrator in administering the System.
            ``(2) Composition.--The advisory committee shall be
        composed of members from geographically diverse areas, and
        shall include--
                    ``(A) the chief officer or senior executive from at
                least 3 sponsoring agencies;
                    ``(B) the senior emergency manager from at least 2
                States that include sponsoring agencies; and
                    ``(C) at least one representative recommended by
                the leaders of the task forces.
            ``(3) Inapplicability of termination requirement.--Section
        14(a)(2) of the Federal Advisory Committee Act (5 U.S.C. App.)
        shall not apply to the advisory committee under this
        subsection.
    ``(m) Preparedness Cooperative Agreements.--
            ``(1) In general.--Subject to the availability of
        appropriations for such purpose, the Administrator shall enter
        into an annual preparedness cooperative agreement with each
        sponsoring agency. Amounts made available to a sponsoring
        agency under such a preparedness cooperative agreement shall be
        for the following purposes:
                    ``(A) Training and exercises with other Federal,
                State, and local government response entities.
                    ``(B) Acquisition and maintenance of equipment,
                including interoperable communications and personal
                protective equipment.
                    ``(C) Medical monitoring required for responder
                safety and health in anticipation of and following a
                major disaster, emergency, or other hazard, as
                determined by the Administrator.
            ``(2) Availability of appropriations.--Notwithstanding
        section 1552(b) of title 31, United States Code, amounts made
        available for cooperative agreements under this subsection that
        are not expended shall be deposited in an Agency account and
        shall remain available for such agreements without fiscal year
        limitation.
    ``(n) Response Cooperative Agreements.--The Administrator shall
enter into a response cooperative agreement with each sponsoring
agency, as appropriate, under which the Administrator agrees to
reimburse the sponsoring agency for costs incurred by the sponsoring
agency in responding to a major disaster, emergency, or other hazard as
determined by the Administrator.
    ``(o) Obligations.--The Administrator may incur all necessary
obligations consistent with this section in order to ensure the
effectiveness of the System.
    ``(p) Authorization of Appropriations.--
            ``(1) In general.--There is authorized to be appropriated
        to carry out this section $52,000,000 for each of fiscal years
        2009, 2010, and 2011. Such sums shall be in addition to amounts
        made available from the Disaster Relief Fund for response
        cooperative agreements entered into under subsection (n).
            ``(2) Administrative expenses.--The Administrator may use
        not to exceed 6 percent of the funds appropriated for a fiscal
        year pursuant to paragraph (1) for salaries, expenses, and
        other administrative costs incurred by the Administrator in
        carrying out this section.''.
    (b) Conforming Amendments.--
            (1) Applicability of title 5, united states code.--Section
        8101(1) of title 5, United States Code, is amended--
                    (A) in subparagraph (D) by striking ``and'' at the
                end;
                    (B) in subparagraph (E) by inserting ``and'' after
                the semicolon; and
                    (C) by adding at the end the following:
                    ``(F) an individual who is a System member of the
                National Urban Search and Rescue Response System during
                a period of appointment into Federal service pursuant
                to section 327 of the Robert T. Stafford Disaster
                Relief and Emergency Assistance Act.''.
            (2) Inclusion as part of uniformed services for purposes of
        userra.--Section 4303 of title 38, United States Code, is
        amended--
                    (A) in paragraph (13) by inserting ``a period for
                which a System member of the National Urban Search and
                Rescue Response System is absent from a position of
                employment due to an appointment into Federal service
                under section 327 of the Robert T. Stafford Disaster
                Relief and Emergency Assistance Act,'' before ``, and a
                period''; and
                    (B) in paragraph (16) by inserting after ``Public
                Health Service,'' the following: ``, System members of
                the National Urban Search and Rescue Response System
                during a period of appointment into Federal service
                under section 327 of the Robert T. Stafford Disaster
                Relief and Emergency Assistance Act,''.

Summary: National Urban Search and Rescue Response System Act of 2007 - Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to direct the Administrator of the Federal Emergency Management Agency (FEMA) to: (1) continue to administer the National Urban Search and Rescue Response System. (2) provide for a national network of standardized search and rescue resources. (3) designate task forces to participate in the System and determine criteria for participation. And (4) enter into an agreement with the required sponsoring agency of each task force regarding participation. Sets forth provisions regarding the composition of task forces and reimbursement. Authorizes the Administrator to appoint a System member for a period of federal service to participate in sponsored or sanctioned exercises, pre-incident staging, major disaster and emergency response activities, and training events. Entitles a member who suffers personal injury, illness, disability, or death while acting in the scope of such appointment to be treated as an employee who sustained the injury in the performance of duty. Sets forth provisions regarding election of benefits, liability, employment and re-employment rights, and licenses and permits. Directs the Administrator to: (1) establish and maintain an advisory committee. And (2) enter into an annual preparedness cooperative agreement with each agency. And (3) enter into response cooperative agreements under which the Administrator agrees to reimburse agencies for emegency response costs.

To amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to clarify and codify the authority of the Administrator of the Federal Emergency Management Agency to administer the National Urban Search and Rescue Response System for Federal response to all hazards.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Beneficiary Access to Care Act of
2003''.

SEC. 2. TREATMENT OF DRUGS AND BIOLOGICALS UNDER THE MEDICARE
              OUTPATIENT HOSPITAL PROSPECTIVE PAYMENT SYSTEM.

    (a) Separate APCs for Most Drugs and Biologicals.--
            (1) In general.--Section 1833(t)(2) of the Social Security
        Act (42 U.S.C. 1395l(t)(2)) is amended--
                    (A) by striking ``and'' at the end of subparagraph
                (F);
                    (B) by striking the period at the end of
                subparagraph (G) and inserting ``; and''; and
                    (C) by adding at the end the following:
                    ``(H) the Secretary shall treat as a separate group
                of covered OPD services--
                            ``(i) any drug or biological that was
                        treated as such a group as of December 31,
                        2002; and
                            ``(ii) any drug or biological that has
                        ceased to be eligible for transitional, pass-
                        through payments under paragraph (6) by reason
                        of the limited period of payment specified in
                        paragraph (6)(C)(i).''.
            (2) Effective date.--The amendments made by paragraph (1)
        shall apply to items and services furnished on or after January
        1, 2004.
    (b) Payment Rates for Non-Pass-Through Drugs and Biologicals.--
            (1) Program payments.--Section 1833(t) of the Social
        Security Act (42 U.S.C. 1395l(t)) is amended--
                    (A) in paragraph (3), by amending subparagraph (D)
                to read as follows:
                    ``(D) Calculation of medicare opd fee schedule
                amounts.--
                            ``(i) In general.--The Secretary shall
                        compute a medicare OPD fee schedule amount for
                        each covered OPD service (or group of such
                        services) furnished in a year, in an amount
                        that (except as provided in clause (ii)) is
                        equal to the product of--
                                    ``(I) the conversion factor
                                computed under subparagraph (C) for the
                                year; and
                                    ``(II) the relative payment weight
                                (determined under paragraph (2)(C) or
                                paragraph (9)(A)) for the service or
                                group.
                            ``(ii) Special rules for 2004.--
                                    ``(I) In general.--Notwithstanding
                                clause (i), the medicare OPD fee
                                schedule amount for 2004 for a drug or
                                biological that is treated as a
                                separate group of covered OPD services
                                and is--
                                            ``(aa) a single-source drug
                                        (as defined in section
                                        1927(k)(7)(A)(iv));
                                            ``(bb) an innovator
                                        multiple source drug (as
                                        defined in section
                                        1927(k)(7)(A)(ii)); or
                                            ``(cc) a biological product
                                        approved for marketing under
                                        section 351 of the Public
                                        Health Service Act (including
                                        any such product that is
                                        marketed by any cross-licensed
                                        producers or distributors),
                                may not be less than 87.37 percent of
                                the payment rate for the drug or
                                biological under paragraph (6) as of
                                December 31, 2002 (determined without
                                regard to any reduction under
                                subparagraph (E)(iii) of such
                                paragraph).
                                    ``(II) No revision of relative
                                payment weights.--The relative payment
                                weights established under paragraph
                                (9)(A) for 2004 for groups of covered
                                OPD services other than those to which
                                subclause (I) applies shall not be
                                revised to take into account the
                                application of such subclause (I).'';
                    (B) in paragraph (4)--
                            (i) in subparagraph (A), by striking
                        ``Secretary, as computed under paragraphs
                        (2)(D) and (2)(E)'' and inserting ``Secretary
                        (as computed under paragraphs (2)(D) and
                        (2)(E)), except that the medicare OPD fee
                        schedule amount determined under paragraph
                        (3)(D) for a drug or biological that is treated
                        as a separate group of covered OPD services
                        shall not be adjusted for relative differences
                        in the cost of labor''; and
                            (ii) in subparagraph (B), by striking
                        ``adjusted''; and
                    (C) in paragraph (9), by adding at the end the
                following:
                    ``(D) Use of external data.--In determining the
                relative payment weight for any drug or biological that
                is treated as a separate group of covered OPD services
                for any year after 2003, the Secretary shall adjust the
                weight otherwise determined under this paragraph with
                respect to the drug or biological to the extent that
                reliable and valid data collected and submitted by
                entities and organizations other than the Department of
                Health and Human Services (including data submitted in
                public comments on the proposed rule promulgated with
                respect to the system established under this subsection
                for 2004) demonstrate that such payment weight is
                inadequate or inaccurate. In the case of any
                adjustments made pursuant to the preceding sentence for
                2004, the Secretary shall not revise the relative
                payment weights for other groups of covered OPD
                services for such year to take into account such
                adjustments, and the medicare OPD fee schedule amount
                determined under paragraph (3)(D) using a relative
                weight resulting from such an adjustment shall be
                subject to the minimum amount described in clause
(ii)(I) of such paragraph.''.
            (2) Copayments.--Section 1833(t)(8)(E) of the Social
        Security Act (42 U.S.C. 1395l(t)(8)(E)) is amended--
                    (A) in the heading, by striking ``outlier and pass-
                through'' and inserting ``certain''; and
                    (B) by striking ``paragraphs (5) and (6)'' and
                inserting ``paragraphs (3)(D)(ii), (5), and (6)''.
            (3) Exceptions to budget neutrality requirement.--Section
        1833(t)(9)(B) of the Social Security Act (42 U.S.C.
        1395l(t)(9)(B)) is amended by adding at the end the following:
        ``In determining the budget neutrality adjustment required by
        the preceding sentence, the Secretary shall not take into
        account--
                            ``(i) any expenditures that would not have
                        been made but for the application of clause
                        (ii) of paragraph (3)(D); or
                            ``(ii) any expenditures made by reason of
                        an adjustment required by subparagraph (D) for
                        2004.''.
    (c) Study of Pharmacy Services Used To Provide Cancer Drug
Therapies in Hospital Outpatient Setting.--
            (1) In general.--The Comptroller General shall conduct a
        study of payments under part B of title XVIII of the Social
        Security Act for pharmacy service costs and related costs that
        are incurred in acquiring chemotherapy and supportive care
        drugs and providing these therapies to cancer patients in
        hospital outpatient departments. The study shall--
                    (A) identify pharmacy costs, including the costs of
                storage, handling, processing, quality control,
                disposal, compliance with safety protocols and
                regulations, establishing dosage regimens that avoid
                drug interactions and contraindications, and pharmacy
                overhead;
                    (B) include a review of the adequacy of the current
                payment methodology for pharmacy service costs and
                related costs (including the adequacy of the
                methodology used to estimate costs); and
                    (C) identify any changes to that methodology that
                are necessary to ensure recognition of, and appropriate
                payment for, all of the services and functions inherent
                in the provision of cancer treatment in hospital
                outpatient settings.
            (2) Report to congress.--Not later than 12 months after the
        date of enactment of this Act, the Comptroller General shall
        submit to Congress a report on the results of the study under
        paragraph (1), including any recommendations for legislation
        that is necessary to implement the changes identified under
        paragraph (1)(C).

Summary: Beneficiary Access to Care Act of 2003 - Amends title XVIII (Medicare) of the Social Security Act with respect to the prospective payment system for hospital outpatient department services (OPD) to: (1) require the Secretary of Health and Human Services to treat as a separate group of covered OPD services any drug or biological that was treated as such a group as of December 31, 2002, and any drug or biological that has ceased to be eligible for transitional, pass-through payments by reason of the limited period of payment specified. And (2) add special rules for 2004 for the calculation of Medicare OPD fee schedule amounts, among other payment-related changes. Directs the Comptroller General to study and report to Congress on pharmacy services used to provide cancer drug therapies in hospital outpatient setting.

A bill to amend title XVIII of the Social Security Act to provide for special treatment for certain drugs and biologicals under the prospective payment system for hospital outpatient department services under the medicare program.