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Q: SECTION 1. SHORT TITLE.
    This Act may be cited as the ``Johnson-O'Malley Supplemental Indian 
Education Program Modernization Act''.
SEC. 2. INDIAN EDUCATION PROGRAM STUDENT COUNT UPDATE.
    The Act of April 16, 1934 (25 U.S.C. 5342 et seq.) (commonly 
referred to as the Johnson-O'Malley Act) is amended by adding at the 
end the following:
``SEC. 7. COMPUTATION OF STUDENT COUNT.
    ``(a) Definitions.--For the purposes of this Act, the following 
definitions apply:
        ``(1) Contracting party.--The term `contracting party' means an 
    entity that has a contract through a program authorized under this 
    Act.
        ``(2) Eligible entity.--The term `eligible entity' means an 
    entity that is eligible to apply for a contract for a supplemental 
    or operational support program under this Act, as outlined in 
    section 1.
        ``(3) Existing contracting party.--The term `existing 
    contracting party' means a contracting party that has a contract 
    under this Act that is in effect on the date of enactment of the 
    JOM Modernization Act.
        ``(4) JOM modernization act.--The term `JOM Modernization Act' 
    means the Johnson-O'Malley Supplemental Indian Education Program 
    Modernization Act.
        ``(5) New contracting party.--The term `new contracting party' 
    means an entity that enters into a contract under this Act after 
    the date of enactment of the JOM Modernization Act.
        ``(6) Secretary.--The term `Secretary' means the Secretary of 
    the Interior.
    ``(b) Determination of the Number of Eligible Indian Students.--
        ``(1) Initial determinations.--
            ``(A) In general.--The Secretary shall make an initial 
        determination of the number of eligible Indian students served 
        or potentially served by each eligible entity in accordance 
        with subparagraph (B).
            ``(B) Process for making the initial determination.--
                ``(i) Preliminary report.--Not later than 180 days 
            after the date of enactment of the JOM Modernization Act, 
            the Secretary shall publish a preliminary report describing 
            the number of eligible Indian students served or 
            potentially served by each eligible entity, using the most 
            applicable and accurate data (as determined by the 
            Secretary in consultation with eligible entities) from the 
            fiscal year preceding the fiscal year for which the initial 
            determination is to be made from--

                    ``(I) the Bureau of the Census;
                    ``(II) the National Center for Education 
                Statistics; or
                    ``(III) the Office of Indian Education of the 
                Department of Education.

                ``(ii) Data reconciliation.--To improve the accuracy of 
            the preliminary report described in clause (i) prior to 
            publishing, the Secretary shall reconcile the data 
            described in the preliminary report with--

                    ``(I) each existing contracting party's data 
                regarding the number of eligible Indian students served 
                by the existing contracting party for the fiscal year 
                preceding the fiscal year for which the initial 
                determination is made; and
                    ``(II) identifiable tribal enrollment information.

                ``(iii) Comment period.--After publishing the 
            preliminary report under clause (i) in accordance with 
            clause (ii), the Secretary shall establish a 60-day comment 
            period to gain feedback about the preliminary report from 
            eligible entities, which the Secretary shall take into 
            consideration in preparing the final report described in 
            clause (iv).
                ``(iv) Final report.--Not later than 120 days after 
            concluding the consultation described in clause (iii), the 
            Secretary shall publish a final report on the initial 
            determination of the number of eligible Indian students 
            served or potentially served by each eligible entity, 
            including justification for not including any feedback 
            gained during such consultation, if applicable.
        ``(2) Subsequent academic years.--For each academic year 
    following the fiscal year for which an initial determination is 
    made under paragraph (1) to determine the number of eligible Indian 
    students served or potentially served by a contracting party, the 
    Secretary shall determine the number of eligible Indian students 
    served by the contracting party based on the reported eligible 
    Indian student count numbers identified through the reporting 
    process described in subsection (c).
    ``(c) Contracting Party Student Count Reporting Compliance.--
        ``(1) In general.--For each academic year following the fiscal 
    year for which an initial determination is made under subsection 
    (b) to determine the number of eligible Indian students served or 
    potentially served by a contracting party, the contracting party 
    shall submit to the Secretary a report describing the number of 
    eligible Indian students who were served using amounts allocated to 
    such party under this Act during the previous fiscal year. The 
    report shall also include an accounting of the amounts and purposes 
    for which the contract funds were expended.
        ``(2) Failure to comply.--A contracting party that fails to 
    submit a report under paragraph (1) shall receive no amounts under 
    this Act for the fiscal year following the academic year for which 
    the report should have been submitted.
        ``(3) Notice.--The Secretary shall provide contracting parties 
    with timely information relating to--
            ``(A) initial and final reporting deadlines; and
            ``(B) the consequences of failure to comply outlined in 
        paragraph (2).
        ``(4) Technical assistance.--The Secretary, acting through the 
    Director of the Bureau of Indian Education, shall provide technical 
    assistance and training on compliance with the reporting 
    requirements of this subsection to contracting parties.
    ``(d) Annual Report.--
        ``(1) In general.--The Secretary shall prepare an annual 
    report, including the most recent determination of the number of 
    eligible Indian students served by each contracting party, 
    recommendations on appropriate funding levels for the program based 
    on such determination, and an assessment of the contracts under 
    this Act that the Secretary--
            ``(A) may include in the budget request of the Department 
        of the Interior for each fiscal year;
            ``(B) shall submit to--
                ``(i) the Committee on Indian Affairs of the Senate;
                ``(ii) the Subcommittee on Interior, Environment, and 
            Related Agencies of the Committee on Appropriations of the 
            Senate;
                ``(iii) the Committee on Education and the Workforce of 
            the House of Representatives; and
                ``(iv) the Subcommittee on Interior, Environment, and 
            Related Agencies of the Committee on Appropriations of the 
            House of Representatives; and
            ``(C) shall make publicly available.
        ``(2) Manner of preparation.--The Secretary shall prepare the 
    report under paragraph (1) in a manner so as to prevent or minimize 
    new administrative burdens on contracting parties receiving funds 
    under this Act.
    ``(e) Hold Harmless.--
        ``(1) Initial hold harmless.--
            ``(A) In general.--Except as provided under subparagraph 
        (B) and subject to subparagraphs (C) and (D), for a fiscal 
        year, an existing contracting party shall not receive an amount 
        under this Act that is less than the amount that such existing 
        contracting party received under this Act for the fiscal year 
        preceding the date of enactment of the JOM Modernization Act.
            ``(B) Exceptions.--
                ``(i) In general.--An existing contracting party shall 
            receive an amount under this Act for a fiscal year that is 
            less than the amount that the existing contracting party 
            received under this Act for the fiscal year preceding the 
            date of enactment of the JOM Modernization Act, if one or 
            more of the following conditions is met:

                    ``(I) Failure to report.--The existing contracting 
                party failed to submit a complete report described in 
                subsection (c) that was most recently due from the date 
                of the determination.
                    ``(II) Violations of contract or law.--The 
                Secretary has found that the existing contracting party 
                has violated the terms of a contract entered into under 
                this Act or has otherwise violated Federal law.
                    ``(III) Student count decrease.--The number of 
                eligible Indian students reported by such existing 
                contracting party under subsection (c) has decreased 
                below the number of eligible Indian students served by 
                the existing contracting party in the fiscal year 
                preceding the date of enactment of the JOM 
                Modernization Act.

                ``(ii) Amount of funding reduction for existing 
            contracting parties reporting decreased student counts.--A 
            reduction in an amount pursuant to clause (i)(III) shall 
            not be done in such a manner that the existing contracting 
            party receives an amount of funding per eligible Indian 
            student that is less than the amount of funding per 
            eligible Indian student such party received for the fiscal 
            year preceding the date of enactment of the JOM 
            Modernization Act.
            ``(C) Ratable reductions in appropriations.--If the funds 
        available under this Act for a fiscal year are insufficient to 
        pay the full amounts that all existing contracting parties are 
        eligible to receive under subparagraph (A) for the fiscal year, 
        the Secretary shall ratably reduce those amounts for the fiscal 
        year.
            ``(D) Sunset.--This paragraph shall cease to be effective 4 
        years after the date of enactment of the JOM Modernization Act.
        ``(2) Maximum decrease after 4 years.--Beginning 4 years after 
    the date of enactment of the JOM Modernization Act, no contracting 
    party shall receive for a fiscal year more than a 10 percent 
    decrease in funding per eligible Indian student from the previous 
    fiscal year.
    ``(f) Funding Allocation and Reform.--
        ``(1) Funding reform.--The Secretary may make recommendations 
    for legislation to increase the amount of funds available per 
    eligible Indian student through contracts under this Act to equal 
    to or greater than the amount of funds that were available per 
    eligible Indian student through contracts under this Act for fiscal 
    year 1995, and attempt to identify additional sources of funding 
    that do not reallocate existing funds otherwise utilized by Indian 
    students served--
            ``(A) by the Bureau of Indian Education; or
            ``(B) under title VI of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 7401 et seq.).
        ``(2) Increases in program funding.--
            ``(A) In general.--Subject to subsection (e) and 
        subparagraph (B), for any fiscal year for which the amount 
        appropriated to carry out this Act exceeds the amount 
        appropriated to carry out this Act for the preceding fiscal 
        year, the excess amounts shall--
                ``(i) be allocated only to those contracting parties 
            that did not receive their full per student funding 
            allocation for the previous fiscal year; and
                ``(ii) be allocated first to new contracting parties 
            that did not receive their full per student funding 
            allocation for the previous fiscal year.
            ``(B) Parity in funding.--Subparagraph (A) shall have no 
        effect after the first fiscal year for which each contracting 
        party receives their full per student funding allocation.
    ``(g) Increased Geographical and Tribal Participation in the 
Johnson-O'Malley Supplementary Education Program.--To the maximum 
extent practicable, the Secretary shall consult with Indian tribes and 
contact State educational agencies, local educational agencies, and 
Alaska Native organizations that have not previously entered into a 
contract under this Act--
        ``(1) to determine the interest of the Indian tribes, State 
    educational agencies, local educational agencies, and Alaska Native 
    organizations, in entering into such contracts; and
        ``(2) to share information relating to the process for entering 
    into a contract under this Act.
    ``(h) Rulemaking.--
        ``(1) In general.--Not later than 1 year after the date of 
    enactment of the JOM Modernization Act, the Secretary, acting 
    through the Director of the Bureau of Indian Education, shall 
    undertake and complete a rulemaking process, following the 
    provisions of subchapter II of chapter 5 of title 5, United States 
    Code, to--
            ``(A) determine how the regulatory definition of `eligible 
        Indian student' may be revised to clarify eligibility 
        requirements for contracting parties under this Act;
            ``(B) determine, as necessary, how the funding formula 
        described in section 273.31 of title 25, Code of Federal 
        Regulations (as in effect on the day before the date of 
        enactment of the JOM Modernization Act) may be clarified and 
        revised to ensure full participation of contracting parties and 
        provide clarity on the funding process under this Act; and
            ``(C) otherwise reconcile and modernize the rules to 
        comport with the activities of the contracting parties under 
        this Act as of the date of enactment of the JOM Modernization 
        Act.
        ``(2) Report.--Not later than 30 days after the date the 
    rulemaking under paragraph (1) is complete, the Secretary shall 
    submit a report to Congress describing the results of such 
    rulemaking and necessary recommendations to ensure the full 
    implementation of such rulemaking.
    ``(i) Student Privacy.--The Secretary shall ensure that data is 
collected and each report is prepared under this section in a manner 
that protects the rights of eligible Indian students in accordance with 
section 444 of the General Education Provisions Act (commonly referred 
to as the Family Educational Rights and Privacy Act of 1974) (20 U.S.C. 
1232g).
    ``(j) GAO Report.--Not later than 18 months after the final report 
described in subsection (b)(1)(B)(iv) is published, the Comptroller 
General shall--
        ``(1) conduct a review of the implementation of this section 
    during the preceding 2-year period, including any factors 
    impacting--
            ``(A) the accuracy of the determinations of the number of 
        eligible Indian students under this section;
            ``(B) the communication between the Bureau of Indian 
        Education and contracting parties; and
            ``(C) the efforts by the Bureau of Indian Education to 
        ensure accurate and sufficient distribution of funding for 
        Indian students;
        ``(2) submit a report describing the results of the review 
    under paragraph (1) to--
            ``(A) the Committee on Indian Affairs of the Senate;
            ``(B) the Subcommittee on Interior, Environment, and 
        Related Agencies of the Committee on Appropriations of the 
        Senate;
            ``(C) the Subcommittee on Indian, Insular and Alaska Native 
        Affairs of the Committee on Natural Resources of the House of 
        Representatives; and
            ``(D) the Subcommittee on Interior, Environment, and 
        Related Agencies of the Committee on Appropriations of the 
        House of Representatives; and
        ``(3) make such report publicly available.
    ``(k) Effect.--Nothing in this section--
        ``(1) creates a new program or duplicates program activities 
    under this Act; or
        ``(2) replaces or diminishes the effect of regulations to carry 
    out this Act existing on the day before the date of enactment of 
    the JOM Modernization Act, unless expressly provided in this 
    section.''.

                               Speaker of the House of Representatives.

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

A: Johnson-O'Malley Supplemental Indian Education Program Modernization Act This bill requires the Department of the Interior to annually update the count of Indian students eligible for the Johnson-O'Malley Program (JOM Program). The JOM Program awards contracts to tribal organizations, schools, states, and others to support the cultural and academic needs of Indian students. The contract amounts are based on the number of students served. Contracting parties must annually report to Interior on the number of students they serve. If they fail to submit the report, then Interior may not give them program funds for the next fiscal year.  The bill sets forth a process to revise funding allocations provided under the program.  Interior must consult with Indian tribes and state and local education agencies that have not participated in the program to determine their interest in entering into contracts. The Bureau of Indian Education must determine how: (1) the regulatory definition of eligible student may be clarified for contracting parties, and (2) the program funding formula may be updated to ensure the full participation of contracting parties and provide clarity on the funding process.
****
Q: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Protection of Lawful Commerce in 
Arms Act''.

SEC 2. AMENDMENT TO ORGANIC ACT.

    The Act entitled ``An Act to establish the Department of Commerce 
and Labor'', approved February 14, 1903 (15 U.S.C. 1501 et seq.), is 
amended by redesignating section 13 as section 14 and by inserting 
after section 12 the following:

``SEC. 13. RESTRICTION ON COMMERCE.

    ``(a) Secretary of Commerce List.--The Secretary of Commerce shall 
establish and maintain a list consisting of each person that notifies 
the Secretary under subsection (b) that it is a manufacturer or seller 
in interstate or foreign commerce of a firearm or ammunition product or 
is a trade association representing such manufacturers or sellers. The 
list shall contain the name of the person, the chief executive officer 
of the person, and the address and location of the headquarters of the 
person. The Secretary shall maintain and update the list and may 
publish the list in the Federal Register.
    ``(b) Notification.--Each person that--
            ``(1) is a manufacturer in interstate or foreign commerce 
        of a firearm or ammunition product, and is licensed to engage 
        in business as such manufacturer to the extent required under 
        chapter 44 of title 18, United States Code,
            ``(2) is a seller in interstate or foreign commerce of a 
        firearm or ammunition product, and is licensed to engage in 
        business as such seller to the extent required under chapter 44 
        of title 18, United States Code, or
            ``(3) is a trade association representing such 
        manufacturers or sellers,
 may notify the Secretary of its existence and provide to the Secretary 
the information described in subsection (a).
    ``(c) Freedom From Restriction.--Conduct that--
            ``(1)(A) is carried out by a manufacturer in interstate or 
        foreign commerce of a firearm or ammunition product, involves 
        such firearm or ammunition product, and is described in 
        paragraph (4) of subsection (d);
            ``(B) is carried out by a seller in interstate or foreign 
        commerce of a firearm or ammunition product, involves a firearm 
        or ammunition product, and is described in paragraph (6) of 
        subsection (d); or
            ``(C) is carried out by a trade association in the course 
        of organizing, advising, or representing its members who are 
        manufacturers in interstate or foreign commerce of a firearm or 
        ammunition product, or who are sellers in interstate or foreign 
        commerce of a firearm or ammunition product, with respect to 
        conduct of such manufacturers or sellers described in paragraph 
        (4) or (6) of subsection (d), as the case may be; and
            ``(2) is lawful under chapter 44 of title 18, United States 
        Code, or under applicable State law;
shall not be a basis for imposing a restriction on interstate or 
foreign commerce on a person on the list described in subsection (a) as 
a result of harm caused by the criminal or other unlawful misuse of 
such firearm or ammunition product by any other person.
    ``(d) Definitions.--In this section:
            ``(1) Ammunition product.--The term `ammunition product' 
        means `ammunition' as defined in section 921(a)(17) of title 
        18, United States Code, and includes a component part of such 
        ammunition product that has been shipped or transported in 
        interstate or foreign commerce.
            ``(2) Firearm product.--The term `firearm product' means 
        `firearm' as defined in subparagraph (A) or (B) section 
        921(a)(3) of title 18, United States Code, and includes any 
        `antique firearm' as defined in section 921(a)(16) of such 
        title, and includes a component part of such a firearm that has 
        been shipped or transported in interstate or foreign commerce.
            ``(3) Interstate or foreign commerce.--The term `interstate 
        or foreign commerce' has the  meaning given that term in 
section 921(a)(2) of title 18, United States Code.
            ``(4) Manufacturer.--The term `manufacturer in interstate 
        or foreign commerce of a firearm or ammunition product' means--
                    ``(A) a person who, in the course of a business in 
                interstate or foreign commerce to import, make, 
                produce, create, assemble, design, or formulate a 
                firearm or ammunition product, imports, makes, 
                produces, creates, assembles, designs, or formulates a 
                firearm or ammunition product, or engages another 
                person to import, make, produce, create, assemble, 
                design, or formulate a firearm or ammunition product;
                    ``(B) a seller in interstate or foreign commerce of 
                a firearm or ammunition product made by another person, 
                but only with respect to an aspect of the firearm or 
                ammunition product that the seller makes, produces, 
                creates, assembles, designs, or formulates; and
                    ``(C) any seller in interstate or foreign commerce 
                of a firearm or ammunition product on which, or on the 
                packaging of which, the seller is also represented as 
                the manufacturer of the firearm or ammunition product.
            ``(5) Restriction on interstate or foreign commerce.--The 
        term `restriction on interstate or foreign commerce'--
                    ``(A) means--
                            ``(i) civil damages or equitable relief, or
                            ``(ii) any other limitation or condition,
                awarded or ordered by a Federal, State, or local court, 
                that restricts the ability of a person listed under 
                subsection (a) to freely engage in interstate or 
                foreign commerce with respect to firearm or ammunition 
                products, or of a trade association listed under 
                subsection (a) to freely engage in lawful activities on 
                behalf of its membership; and
                    ``(B) does not include any damages, equitable 
                relief, or other limitation or condition arising from--
                            ``(i) breach of contract or warranty in 
                        connection with the purchase of a firearm or 
                        ammunition product; or
                            ``(ii) physical injuries or property damage 
                        resulting directly from the failure to function 
                        or improper functioning of a firearm or 
                        ammunition product, when used as intended, due 
                        to a defect in design or manufacture.
            ``(6) Seller.--The term `seller in interstate or foreign 
        commerce of a firearm or ammunition product' means a person 
        who--
                    ``(A) in the course of a business conducted in 
                interstate or foreign commerce for such purpose, sells, 
                distributes, rents, leases, prepares, blends, packages, 
                labels, or otherwise is involved in placing a firearm 
                or ammunition product in the stream of commerce; or
                    ``(B) in the course of a business conducted in 
                interstate or foreign commerce for such purpose, 
                installs, repairs, refurbishes, reconditions, or 
                maintains an aspect of a firearm or ammunition product.
            ``(7) State.--The term `State' includes the District of 
        Columbia, the Commonwealth of Puerto Rico, and any territory or 
        possession of the United States.
            ``(8) Trade association.--The term `trade association' 
        means any association or business organization (whether or not 
        incorporated under the laws of any State), 2 or more members of 
        which are manufacturers or sellers in interstate or foreign 
        commerce of a firearm or ammunition product.
    ``(e) Limitation on Use of List.--No officer, agency, or 
instrumentality of the United States may use the list established and 
maintained under this section for any purpose other than the 
enforcement of the provisions of this section, nor shall the list be 
used or allowed to be used in any way that would result in the creation 
of any registry of firearms, firearm owners, or firearm purchasers by 
the United States, or by any State or any political subdivision 
thereof.''.

A: Protection of Lawful Commerce in Arms Act - Amends the Organic Act establishing the Department of Commerce to direct the Secretary of Commerce to establish and maintain a list of each person that notifies the Secretary that it is a manufacturer or seller that is: (1) licensed to engage in interstate or foreign commerce of a firearm (including antique firearm) or ammunition product; or (2) is a trade association representing such manufacturers or sellers. Declares that any lawful conduct carried out by a manufacturer or seller in interstate or foreign commerce of a firearm or ammunition product, or lawful conduct carried out by a trade association in the course of representing such manufacturers or sellers, shall not be the basis for imposing a restriction on such commerce (the award of civil damages, equitable relief, or any other specified limitation) as a result of harm caused by the criminal or other unlawful misuse of such firearm or ammunition product by any other person.
****
Q: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Homeowners' Emergency Mortgage 
Assistance Act''.

SEC. 2. MORTGAGE EMERGENCY ASSISTANCE PROGRAM.

    (a) In General.--The Secretary shall establish a program to make 
payments on a mortgage insured under the National Housing Act for a 1- 
to 4-family residence when--
            (1) the mortgagee has given the mortgagor notice in 
        accordance with section 3(b) that it intends to foreclose the 
        mortgage;
            (2) at least 2 full monthly installments due on the 
        mortgage are unpaid after the application of any partial 
        payments that may have been accepted but not yet applied to the 
        mortgage account;
            (3) the mortgagor is suffering financial hardship due to 
        circumstances beyond the control of the mortgagor which render 
        the mortgagor unable to correct the delinquency on the mortgage 
        and unable to make full mortgage payments before the expiration 
        of the 60-day period beginning on the date that notice was sent 
        to the mortgagor in accordance with section 3(b);
            (4) there is a reasonable prospect that the mortgagor will 
        be able to resume full mortgage payments not later than 36 
        months after the beginning of the period for which assistance 
        payments are provided and to pay the mortgage in full by its 
        maturity date or by a later date agreed upon by the mortgagee;
            (5) the property mortgaged is the mortgagor's principal 
        place of residence;
            (6) the mortgagor does not own other property which is 
        subject to a mortgage insured or held by the Secretary;
            (7) the mortgagor has applied to the Secretary for 
        assistance in accordance with section 4; and
            (8) the mortgagor has not been more than 60 days in arrears 
        on a residential mortgage within the 2-year period preceding 
        the delinquency for which assistance is requested, unless the 
        mortgagor can demonstrate that the prior delinquency was the 
        result of financial hardship due to circumstances beyond the 
        control of the mortgagor.
    (b) Effect of Finding of Ineligibility.--If, after reviewing an 
application for assistance submitted in accordance with section 4, the 
Secretary determines that the mortgagor has not met the conditions of 
eligibility described in subsection (a), the mortgagor shall be 
prohibited from reapplying for assistance under this Act until the 
expiration of the 6-month period beginning on the date of such 
determination unless there is a material change in the financial 
circumstances of the mortgagor.
    (c) Determination Relating to Financial Hardship.--In determining 
whether a financial hardship (which may be caused by a reduction in 
income or an increase in expenses, or both) is due to circumstances 
beyond the control of a mortgagor, the Secretary may consider 
information regarding the mortgagor's employment record, credit 
history, and current income. Such circumstances shall include, but not 
be limited to--
            (1) loss of job of a member of the household;
            (2) salary, wage or earnings reduction of a member of the 
        household;
            (3) injury, disability or illness of a member of the 
        household;
            (4) divorce or separation in the household; or
            (5) death of a member of the household.
    (d) Housing Counseling Agencies.--The Secretary shall designate and 
approve nonprofit housing counseling agencies in each State to be 
available to assist the Secretary in implementing the program 
established pursuant to subsection (a) of this section and to section 
4(b)(1)(A). Nonprofit housing agencies designated and approved under 
this subsection shall provide assistance to an eligible mortgagor 
during the entire period that such mortgagor receives assistance under 
this Act.

SEC. 3. LEGAL ACTION.

    (a) Conditions Under Which Legal Action Is Prohibited.--Except as 
otherwise provided in the Act, a mortgagee of a mortgage which is 
insured under the National Housing Act for a 1- to 4-family residence 
may not accelerate the maturity of or commence any legal action 
regarding such a mortgage (including, but not limited to, mortgage 
foreclosure to recover under such obligation) or take possession of any 
security of the mortgagor for such mortgage obligation unless the 
mortgagee has sent to the mortgagor notice pursuant to subsection (b). 
In addition, the mortgagee may not take such action--
            (1) before the expiration of the 30-day period beginning on 
        the date that notice of the intent to take such action was sent 
        to the mortgagor in accordance with subsection (b);
            (2) before the expiration of the 30-day period beginning on 
        the date of the initial meeting between the mortgagor and an 
        approved counseling agency held in accordance with section 
        4(a);
            (3) if an application for such assistance under this Act 
        has been submitted to the Secretary on behalf of the mortgagor 
        and such application--
                    (A) is pending; or
                    (B) has been approved but payments have not yet 
                been made toward the mortgage; or
            (4) if payment toward the mortgage is being made under this 
        Act.
    (b) Requirements of Notice.--The Secretary shall issue regulations 
that include, but are not limited to, a uniform notice under this 
section. Such notice shall be in plain language and shall--
            (1) inform the mortgagor in large bold type that he or she 
        may be eligible for temporary assistance in making mortgage 
        payments;
            (2) include an explanation of the mortgage assistance 
        program under this Act;
            (3) inform the mortgagor that to apply for mortgage 
        assistance, he or she shall attend a meeting in accordance with 
        section 4(a) within 30 days of the date of the notice;
            (4) include the legal action intended and the basis 
        therefore;
            (5) include a list of approved counseling agencies located 
        in the State in which the mortgagor resides;
            (6) be sent via first class mail to the last known address 
        of the mortgagor; and
            (7) be subject to such other requirements as prescribed by 
        the Secretary.

SEC. 4. APPLICATION FOR ASSISTANCE.

    (a) Meeting.--
            (1) In general.--To apply for assistance under this Act, 
        not later than 30 days after receiving notice in accordance 
        with section 3(b), a mortgagor shall attend a face to face 
        meeting with the mortgagee or an approved counseling agency to 
        attempt to prevent legal action for which the notice was sent 
        by restructuring the mortgage payment schedule. A meeting under 
        this paragraph may be conducted over the telephone under 
        circumstances prescribed by the Secretary.
            (2) Notice.--If the mortgagor meets with the approved 
        counseling agency within the period specified in paragraph (1), 
        the approved counseling agency shall send notice of the meeting 
        which includes, but is not limited to, the date of the meeting, 
        to the mortgagee not later than 5 business days after the 
        meeting.
    (b) Preparation; Submission.--
            (1) In general.--If the mortgagor is not able to resolve 
        the default and prevent foreclosure before the expiration of 
        the 30-day period beginning on the date of the meeting, the 
        mortgagor may file an application for mortgage assistance under 
        this Act. At the request of the mortgagor, an approved 
        counseling agency shall--
                    (A) assist the mortgagor in preparing an 
                application for assistance under this Act; and
                    (B) not later than 30 days after the mortgagor 
                initially requests assistance in the preparation of the 
                application, submit the completed application to the 
                Secretary.
            (2) Fees.--The Secretary may pay approved counseling 
        agencies a fee, in an amount determined by the Secretary, for 
        rendering assistance pursuant to this Act.
    (c) Notice to Mortgagee.--If the approved counseling agency submits 
an application for assistance to the Secretary on behalf of a 
mortgagor, the approved counseling agency shall, not later than 5 
business days after submitting the application, inform the mortgagee of 
the date that the application was submitted.
    (d) Form; Contents.--An application for assistance under this Act 
shall be submitted on a form prescribed by the Secretary and shall 
include a financial statement disclosing all assets and liabilities of 
the mortgagor, whether singly or jointly held, and all household income 
regardless of source.
    (e) Effect of Misrepresentation.--A mortgagor who intentionally 
misrepresents any financial information in connection with the filing 
of an application for assistance under this Act may be denied 
assistance and required to immediately repay any amount of assistance 
received, and the mortgagee may, at any time thereafter, take any legal 
action to enforce the mortgage without any further restrictions or 
requirements under this Act.
    (f) Availability.--An application for assistance under this Act may 
be obtained from an approved counseling agency.
    (g) Determination on Application.--
            (1) Time period.--The Secretary shall determine eligibility 
        of a mortgagor for assistance under this Act not later than 60 
        days after receipt of the application of the mortgagor.
            (2) Notification.--Not later than 5 business days after 
        making the determination on an application for assistance, the 
        Secretary shall notify the mortgagor and the mortgagee as to 
        whether the application has been approved or disapproved.

SEC. 5. ASSISTANCE PAYMENTS BY SECRETARY.

    (a) Amount to Bring Mortgage Current.--If the Secretary determines 
that a mortgagor is eligible for assistance under this Act, the 
Secretary shall pay to the mortgagee from the Mutual Mortgage Insurance 
Fund the full amount due to the mortgagee pursuant to the terms of the 
mortgage without regard to any acceleration under the mortgage, or the 
full amount of any alternative mortgage payments agreed to by the 
mortgagee and mortgagor on the date that the application is approved by 
the Secretary. This amount shall include the amount of principal, 
interest, taxes, assessments, ground rents, hazard insurance, any 
mortgage insurance or credit insurance premiums, and reasonable 
attorneys' fees incurred by such mortgagee in relation to the 
arrearage.
    (b) Monthly Assistance Payments.--
            (1) In general.--The Secretary shall make monthly mortgage 
        assistance payments to the mortgagee on behalf of the mortgagor 
        pursuant to this Act.
            (2) Obligation of the mortgagor.--A mortgagor on whose 
        behalf the Secretary is making the mortgage assistance payments 
        shall pay monthly payments to the Secretary. Such payments 
        shall be in an amount which will cause the mortgagor's total 
        housing expense not to exceed 35 percent of the mortgagor's net 
        effective income. This shall be the maximum amount the 
        mortgagor can be required to pay during the 36 months a 
        mortgagor is eligible for mortgage assistance.
            (3) Obligation of the secretary.--Upon receipt of this 
        payment from the mortgagor, the Secretary or the Secretary's 
        duly authorized agent shall send the total mortgage payment 
        directly to the mortgagee.
    (c) Review Upon Delinquency.--If the mortgagor fails to pay to the 
Secretary any amounts due directly from the mortgagor under this 
section not later than 15 days after such due date, the Secretary or 
its designated agent shall review the mortgagor's financial 
circumstances to determine whether a delinquency in payments due from 
the mortgagor under this section or section 6 is the result of a change 
in the mortgagor's financial circumstances since the payment amount was 
last determined. If the delinquency is not the result of a change in 
the mortgagor's financial circumstances, the Secretary shall terminate 
future mortgage assistance payments and the mortgagee may, at any time 
thereafter, take any legal action to enforce its mortgage without any 
further restriction or requirement. If the delinquency is the result of 
such a change, the Secretary shall modify the mortgagor's required 
payments to the Secretary as the Secretary shall determine.
    (d) Period for Assistance.--Payments under this Act shall be 
provided for a period not to exceed 36 months, either consecutively or 
nonconsecutively. The Secretary shall establish procedures for periodic 
review of the mortgagor's financial circumstances for the purpose of 
determining the necessity for continuation, termination, or adjustment 
of the amount of the payments.

SEC. 6. REPAYMENT OF ASSISTANCE.

    (a) Assistance Loan.--The amount by which the assistance payments 
made by the Secretary to the mortgagee exceeds the amount of payments 
made by the mortgagor to the Secretary shall be a loan by the Secretary 
to the mortgagor. The loan shall be evidenced by such documents as the 
Secretary shall determine necessary to protect the interests of the 
United States.
    (b) Repayment of Assistance Loan.--Before making assistance 
payments under this Act on behalf of a mortgagor, the Secretary shall 
enter into an agreement with the mortgagor for repayment of all 
mortgage assistance made by the Secretary under section 5, plus 
interest as provided in subsection (c). The agreement shall provide for 
monthly payments by the mortgagor to the Secretary which (1) shall 
begin once the Secretary has determined that continuation of mortgage 
assistance payments to the mortgagee is unnecessary, and (2) shall be 
in an amount determined as follows:
            (1) Housing expense less than 35 percent.--If the 
        mortgagor's total housing expense is less than 35 percent of 
        the mortgagor's net effective income, the mortgagor shall pay 
        to the Secretary the difference between 35 percent of the 
        mortgagor's net effective income and the mortgagor's total 
        housing expense unless otherwise determined by the Secretary 
        after examining the mortgagor's financial circumstances and 
        ability to contribute to repayment of the mortgage assistance.
            (2) Housing expense greater than 35 percent.--If the 
        mortgagor's total housing expense is more than 35 percent of 
        the mortgagor's net effective income, repayment of the mortgage 
        assistance shall be deferred until the mortgagor's total 
        housing expense is less than 35 percent of the mortgagor's net 
        effective income.
            (3) When mortgage paid in full.--Notwithstanding paragraphs 
        (1) and (2), if repayment of mortgage assistance is not made by 
        the date that the mortgage is paid in full, the mortgagor shall 
        make mortgage assistance repayments in an amount not less than 
        the previous regular mortgage payment until the mortgage 
        assistance is repaid.
    (c) Interest.--Interest shall accrue on all mortgage assistance 
made under this Act at the rate determined monthly by the Secretary of 
the Treasury to be equal to the then current average yield on 
outstanding 30-year bonds issued by the Secretary of the Treasury under 
section 3102 of title 31, United States Code, and shall accrue only 
during the period in which the mortgagor is required to make repayment 
under this section.
    (d) Lien to Secure Repayment of Assistance.--Repayment of amounts 
owed to the Secretary from a mortgagor shall be secured by a mortgage 
lien on the property and by such other obligation as the Secretary may 
require. The lien or other security interest of the Secretary shall not 
be deemed to take priority over any other secured lien or secured 
interest in effect against the mortgagor's property on the date 
assistance payments begin. The Secretary may allow subordination of the 
mortgage assistance lien only if such subordination is necessary to 
permit the mortgagor to obtain a home improvement loan for repairs 
necessary to preserve the property.
    (e) Time for Repayment.--Payments under this section shall be made 
by the mortgagor to the Secretary not later than 14 days after each 
mortgage payment is due under the mortgage (or in the case of repayment 
after the mortgage has been paid in full, not later than the date the 
mortgage payments were due under the mortgage).

SEC. 7. DEFINITIONS.

    For the purposes of this Act, the following definitions apply:
            (1) Approved counseling agency.--The term ``approved 
        counseling agency'' means a nonprofit housing counseling agency 
        approved by the Secretary pursuant to section 2(e).
            (2) Gross household income.--The term ``gross household 
        income'' means the total income of a mortgagor, the mortgagor's 
        spouse, children residing in the same residence as the 
        mortgagor, and any other person living in such residence that 
        is declared by the mortgagor as a dependent for Federal income 
        tax purposes.
            (3) Household.--The term ``household'' means a mortgagor, 
        the mortgagor's spouse, children residing in the same residence 
        as the mortgagor, and any other person living in such residence 
        that is declared by the mortgagor as a dependent for Federal 
        income tax purposes.
            (4) Housing expense.--The term ``housing expense'' means 
        the sum of the mortgagor's monthly maintenance, utility, and 
        hazard insurance expense, taxes, and required mortgage 
        payments, including escrows.
            (5) Mortgagee; mortgagor.--The terms ``mortgagee'' and 
        ``mortgagor'' have the meanings given such terms in section 201 
        of the National Housing Act (12 U.S.C. 1707).
            (6) Net effective income.--The term ``net effective 
        income'' means the gross household income of the mortgagor, 
        less city, State, and Federal income and social security taxes.
            (7) Secretary.--The term ``Secretary'' means the Secretary 
        of Housing and Urban Development.

A:
Homeowners' Emergency Mortgage Assistance Act - Directs the Secretary of Housing and Urban Development to establish a mortgage emergency assistance program for qualifying homeowners with National Housing Act-insured mortgages who are temporarily unable to meet their obligations due to financial hardship beyond their control.

Requires: (1) homeowner repayment of such assistance and interest; and (2) certain conditions to be met before legal action may be taken against a qualifying homeowner, including providing the homeowner with program notice.
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