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SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Educational Empowerment Act''.

SEC. 2. DESIGNATION OF EDUCATIONAL EMPOWERMENT ZONES.

    (a) In General.--Chapter 1 of the Internal Revenue Code of 1986 is 
amended by adding at the end the following new subchapter:

             ``Subchapter X--Educational Empowerment Zones

        ``Sec. 1400E. Designation of educational empowerment zones.

``SEC. 1400E. DESIGNATION OF EDUCATIONAL EMPOWERMENT ZONES.

    ``(a) Designation.--
            ``(1) Educational empowerment zone.--For purposes of this 
        title, the term `educational empowerment zone' means any area--
                    ``(A) which is nominated by one or more local 
                governments and the State or States in which it is 
                located for designation as an educational empowerment 
                zone (hereinafter in this section referred to as a 
                `nominated area'), and
                    ``(B) which the Secretary of Health and Human 
                Services and the Secretary of Education (hereinafter in 
                this section referred to as the `Secretaries 
                concerned') jointly designate as an educational 
                empowerment zone.
            ``(2) Number of designations.--The Secretaries concerned 
        may designate not more than 30 nominated areas as educational 
        empowerment zones.
            ``(3) Areas designated based on degree of poverty, etc.--
        Except as otherwise provided in this section, the nominated 
        areas designated as educational empowerment zones under this 
        subsection shall be those nominated areas with the highest 
        average ranking with respect to the criteria described in 
        subsection (c)(3). For purposes of the preceding sentence, an 
        area shall be ranked within each such criterion on the basis of 
        the amount by which the area exceeds such criterion, with the 
        area which exceeds such criterion by the greatest amount given 
        the highest ranking.
            ``(4) Limitation on designations.--
                    ``(A) Publication of regulations.--The Secretaries 
                concerned shall prescribe by regulation no later than 4 
                months after the date of the enactment of this 
                section--
                            ``(i) the procedures for nominating an area 
                        under paragraph (1)(A).
                            ``(ii) the parameters relating to the size 
                        and population characteristics of an 
                        educational empowerment zone, and
                            ``(iii) the manner in which nominated areas 
                        will be evaluated based on the criteria 
                        specified in subsection (c).
                    ``(B) Time limitations.--The Secretaries concerned 
                may designate nominated areas as educational 
                empowerment zones only during the 24-month period 
                beginning on the first day of the first month following 
                the month in which the regulations described in 
                subparagraph (A) are prescribed.
                    ``(C) Procedural rules.--The Secretaries concerned 
                shall not make any designation of a nominated area as 
                an educational empowerment zone under paragraph (2) 
                unless--
                            ``(i) a nomination regarding such area is 
                        submitted in such a manner and in such form, 
                        and contains such information, as the 
                        Secretaries concerned shall by regulation 
                        prescribe, and
                            ``(ii) the Secretaries concerned determine 
                        that any information furnished is reasonably 
                        accurate.
            ``(5) Nomination process for indian reservations.--For 
        purposes of this subchapter, in the case of a nominated area on 
        an Indian reservation, the reservation governing body (as 
        determined by the Secretary of the Interior) shall be treated 
        as being both the State and local governments with respect to 
        such area.
    ``(b) Period for Which Designation is in Effect.--Any designation 
of an area as an educational empowerment zone shall remain in effect 
during the period beginning on the date of the designation and ending 
on the earliest of--
            ``(1) December 31, 2007,
            ``(2) the termination date designated by the State and 
        local governments in their nomination, or
            ``(3) the date the Secretaries concerned revoke such 
        designation.
    ``(c) Area and Eligibility Requirements.--
            ``(1) In general.--The Secretary of Commerce may designate 
        a nominated area as an educational empowerment zone under 
        subsection (a) only if the area meets the requirements of 
        paragraphs (2) and (3) of this subsection.
            ``(2) Area requirements.--For purposes of paragraph (1), a 
        nominated area meets the requirements of this paragraph if--
                    ``(A) the area is within the jurisdiction of one or 
                more local governments,
                    ``(B) the boundary of the area is continuous, and
                    ``(C) the area does not include an empowerment zone 
                (as defined in section 1393(b)) other than such a zone 
                designated under section 1391(g).
            ``(3) Eligibility requirements.--For purposes of paragraph 
        (1), a nominated area meets the requirements of this paragraph 
        if the State and the local governments in which it is located 
        certify that the nominated area satisfies such conditions as 
        the Secretary of Education deems appropriate.
            ``(4) Consideration of dropout rate, etc.--The Secretary of 
        Education, in setting forth the conditions for eligibility 
        pursuant to paragraph (3), shall take into account the extent 
        to which an area has low-income families, a high dropout rate, 
        a high rate of teen pregnancy, and large school class size.
    ``(d) Coordination With Treatment of Enterprise Communities.--For 
purposes of this title, if there are in effect with respect to the same 
area both--
            ``(1) a designation as an educational empowerment zone, and
            ``(2) a designation as an enterprise community,
both of such designations shall be given full effect with respect to 
such area.
    ``(e) Definitions and Special Rules.--For purposes of this 
subchapter, rules similar to the rules of paragraphs (2), (3), (5), and 
(7) of section 1393 shall apply.''.
    (b) Clerical Amendment.--The table of subchapters for chapter 1 is 
amended by adding at the end the following new item:

                              ``Subchapter X. Educational Empowerment 
                                        Zones.''.

SEC. 3. CREDIT FOR DONATIONS TO SCHOOL DISTRICTS IN EDUCATIONAL 
              EMPOWERMENT ZONES.

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

``SEC. 30B. CONTRIBUTIONS TO SCHOOL DISTRICTS IN EDUCATIONAL 
              EMPOWERMENT ZONES.

    ``(a) Allowance of Credit.--There shall be allowed as a credit 
against the tax imposed by this chapter for the taxable year an amount 
equal to the amount of qualified educational empowerment zone 
contributions made by the taxpayer during such year.
    ``(b) Maximum Credit.--The amount of the credit allowed by 
subsection (a)--
            ``(1) in the case of an individual, shall not exceed 
        $2,000, and
            ``(2) in the case of any other taxpayer, shall not exceed 
        $10,000.
    ``(c) Definition of Qualified Educational Empowerment Zone 
Contributions.--For purposes of this section, the term `qualified 
educational empowerment zone contributions' means cash contributions 
made to any school district located in an educational empowerment zone 
(as designated under section 1400E) if such contributions--
            ``(1) but for subsection (d), would be allowable as a 
        deduction under section 170, and
            ``(2) are used for any of the following purposes by the 
        school district:
                    ``(A) Hiring new teachers.
                    ``(B) Increasing teacher salaries.
                    ``(C) Training teachers.
    ``(d) Denial of Double Benefit.--No deduction shall be allowed 
under this chapter for any contribution taken into account in computing 
the credit under this section.
    ``(e) Election.--This section shall apply to any taxpayer for any 
taxable year only if such taxpayer elects (at such time and in such 
manner as the Secretary may by regulations prescribe) to have this 
section apply for such taxable year.
    ``(f) Application With Other Credits; Carryover of Excess Credit.--
The credit allowed by subsection (a) for any taxable year shall not 
exceed the excess (if any) of--
            ``(1) the regular tax for the taxable year reduced by the 
        sum of the credits allowable under subpart A and the preceding 
        sections of this subpart, over
            ``(2) the tentative minimum tax for the taxable year.
If the credit under subsection (a) exceeds the limitation of the 
preceding sentence, such excess shall be added to the credit allowable 
under subsection (a) for the succeeding taxable year.''.
    (b) Clerical Amendment.--The table of sections for subpart B of 
part IV of subchapter A of chapter 1 of such Code is amended by 
inserting after the item relating to section 30A the following new 
item:

        ``Sec. 30B. Contributions to school districts in educational 
                            empowerment zones.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 2003.

SEC. 4. TEACHER LOAN FORGIVENESS PROGRAM.

    Part B of title IV of the Higher Education Act of 1965 is amended 
by inserting after section 428K (20 U.S.C. 1078-11) the following new 
section:

``SEC. 428L. LOAN FORGIVENESS FOR MATHEMATICS AND SCIENCE TEACHERS.

    ``(a) Purpose.--It is the purpose of this section to encourage more 
individuals to enter and stay in the field of teaching mathematics, 
science, and related fields.
    ``(b) Program.--
            ``(1) In general.--The Secretary shall carry out a program 
        of assuming the obligation to repay, pursuant to subsection 
        (c), a loan made, insured, or guaranteed under this part or 
        part D (excluding loans made under sections 428B and 428C or 
        comparable loans made under Part D) for any new borrower after 
October 12, 1998, who--
                    ``(A) has been employed as a full-time teacher for 
                3 consecutive complete school years in a school that is 
                located in an educational empowerment zone, as such 
                term is defined in section 1400E of the Internal 
                Revenue Code of 1986;
                    ``(B) is a fully qualified teacher; and
                    ``C) is not in default on a loan for which the 
                borrower seeks forgiveness.
            ``(2) Award basis; priority.--
                    ``(A) Award basis.--Subject to subparagraph (B), 
                loan repayment under this section shall be on a first-
                come, first-served basis and subject to the 
                availability of appropriations.
                    ``(B) Priority.--The Secretary shall give priority 
                in providing loan repayment under this section for a 
                fiscal year to student borrowers who received loan 
                repayment under this section for the preceding fiscal 
                year.
            ``(3) Regulations.--The Secretary is authorized to 
        prescribe such regulations as may be necessary to carry out the 
        provisions of this section.
    ``(c) Loan Repayment.--
            ``(1) Eligible amount.--The amount the Secretary may repay 
        on behalf of any individual under this section shall not 
        exceed--
                    ``(A) 80 percent of the sum of the principal 
                amounts outstanding of the individual's qualifying 
                loans at the end of 3 consecutive complete school years 
                of service described in subsection (b)(1)(A);
                    ``(B) an additional 10 percent of such sum at the 
                end of each of the next 2 consecutive complete school 
                years of such service; and
                    ``(C) a total of more than $10,000.
            ``(2) Construction.--Nothing in this section shall be 
        construed to authorize the refunding of any repayment of a loan 
        made under this part or part D.
            ``(3) Interest.--If a portion of a loan is repaid by the 
        Secretary under this section for any year, the proportionate 
        amount of interest on such loan which accrues for such year 
        shall be repaid by the Secretary.
            ``(4) Double benefits prohibited.--No borrower may, for the 
        same service, receive a benefit under both this section and 
        subtitle D of title I of the National and Community Service Act 
        of 1990 (42 U.S.C. 12601 et seq.). No borrower may receive a 
        reduction of loan obligations under both this section and 
        section 428J or 460.
    ``(d) Repayment to Eligible Lenders.--The Secretary shall pay to 
each eligible lender or holder for each fiscal year an amount equal to 
the aggregate amount of loans which are subject to repayment pursuant 
to this section for such year.
    ``(e) Application for Repayment.--
            ``(1) In general.--Each eligible individual desiring loan 
        repayment under this section shall submit a complete and 
        accurate application to the Secretary at such time, in such 
        manner, and containing such information as the Secretary may 
        require.
            ``(2) Conditions.--An eligible individual may apply for 
        loan repayment under this section after completing the required 
        number of years of qualifying employment.
            ``(3) Fully qualified teachers.--An application for loan 
        repayment under this section shall include such information as 
        is necessary to demonstrate that the applicant--
                    ``(A) if teaching in a public elementary or 
                secondary school (other than as a teacher in a public 
                charter school), has obtained State certification as a 
                teacher (including certification obtained through 
                alternative routes to certification) or passed the 
                State teacher licensing exam and holds a license to 
                teach in such State; and
                    ``(B) if teaching in--
                            ``(i) an elementary school, holds a 
                        bachelor's degree and demonstrates knowledge 
                        and teaching skills in reading, writing, 
                        mathematics, science, and other areas of the 
                        elementary school curriculum; or
                            ``(ii) a middle or secondary school, holds 
                        a bachelor's degree and demonstrates a high 
                        level of competency in all subject areas in 
                        which he or she teaches through--
                                    ``(I) a high level of performance 
                                on a rigorous State or local academic 
                                subject areas test; or
                                    ``(II) completion of an academic 
                                major in each of the subject areas in 
                                which he or she provides instruction.
    ``(f) Evaluation.--
            ``(1) In general.--The Secretary shall conduct, by grant or 
        contract, an independent national evaluation of the impact of 
        the program assisted under this section.
            ``(2) Competitive basis.--The grant or contract described 
        in subsection (b) shall be awarded on a competitive basis.
            ``(3) Contents.--The evaluation described in this 
        subsection shall--
                    ``(A) determine the number of individuals who were 
                encouraged by the program assisted under this section 
                to pursue teaching careers;
                    ``(B) determine the number of individuals who 
                remain employed in teaching mathematics, science, or 
                related fields as a result of participation in the 
                program;
                    ``(C) identify the barriers to the effectiveness of 
                the program;
                    ``(D) assess the cost-effectiveness of the program; 
                and
                    ``(E) identify the number of years each individual 
                participates in the program.
            ``(4) Interim and final evaluation reports.--The Secretary 
        shall prepare and submit to the President and the Congress such 
        interim reports regarding the evaluation described in this 
        subsection as the Secretary deems appropriate, and shall 
        prepare and so submit a final report regarding the evaluation 
        by January 1, 2006''.
Educational Empowerment Act - Amends the Internal Revenue Code to allow a tax credit for qualified educational empowerment zone contributions. Allows the designation of up to 30 such zones. Bases designations on the degree of poverty.Establishes a teacher loan forgiveness program for mathematics and science teachers.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Travel Facilitation and Safety Act 
of 2015''.

SEC. 2. RECOVERY OF INITIAL PRECLEARANCE OPERATION COSTS.

    (a) Cost Sharing Agreements With Relevant Airport Authorities.--The 
Commissioner of U.S. Customs and Border Protection may enter into a 
cost sharing agreement with airport authorities in foreign countries at 
which preclearance operations are to be established or maintained if--
            (1) an executive agreement to establish or maintain such 
        preclearance operations pursuant to the authorities under 
        section 629 of the Tariff Act of 1930 (19 U.S.C. 1629) and 
        section 103(a)(7) of the Immigration and Nationality Act (8 
        U.S.C. 1103(a)(7)) has been signed, but has not yet entered 
        into force; and
            (2) U.S. Customs and Border Protection has incurred, or 
        expects to incur, initial preclearance operations costs in 
        order to establish or maintain preclearance operations under 
        the agreement described in paragraph (1).
    (b) Contents of Cost Sharing Agreements.--
            (1) In general.--Notwithstanding section 13031(e) of the 
        Consolidated Omnibus Budget Reconciliation Act of 1985 (19 
        U.S.C. 58c(e)) and section 286(g) of the Immigration and 
        Nationality Act (8 U.S.C. 1356(g)), any cost sharing agreement 
        authorized under subsection (a) may provide for the airport 
        authority's payment to U.S. Customs and Border Protection of 
        its initial preclearance operations costs.
            (2) Timing of payments.--The airport authority's payment to 
        U.S. Customs and Border Protection for its initial preclearance 
        operations costs may be made in advance of the incurrence of 
        the costs or on a reimbursable basis.
    (c) Account.--
            (1) In general.--All amounts collected pursuant to any cost 
        sharing agreement authorized under subsection (a)--
                    (A) shall be credited as offsetting collections to 
                the currently applicable appropriation, account, or 
                fund of U.S. Customs and Border Protection;
                    (B) shall remain available, until expended, for the 
                purposes for which such appropriation, account, or fund 
                is authorized to be used; and
                    (C) may be collected and shall be available only to 
                the extent provided in appropriations Acts.
            (2) Return of unused funds.--Any advances or reimbursements 
        not used by U.S. Customs and Border Protection may be returned 
        to the relevant airport authority.
            (3) Rule of construction.--Nothing in this subsection may 
        be construed to preclude the use of appropriated funds, from 
        sources other than the payments collected under this Act, to 
        pay initial preclearance operation costs.
    (d) Initial Preclearance Operations Costs Defined.--
            (1) In general.--In this section, the term ``initial 
        preclearance operations costs'' means the costs incurred, or 
        expected to be incurred, by U.S. Customs and Border Protection 
        to establish or maintain preclearance operations at an airport 
        in a foreign country, including costs relating to--
                    (A) hiring, training, and equipping new officers of 
                U.S. Customs and Border Protection who will be 
                stationed at United States domestic ports of entry or 
                other facilities of U.S. Customs and Border Protection 
                to backfill such officers to be stationed at an airport 
                in a foreign country to conduct preclearance 
                operations; and
                    (B) visits to the airport authority conducted by 
                personnel of U.S. Customs and Border Protection 
                necessary to prepare for the establishment or 
                maintenance of preclearance operations at such airport, 
                including the compensation, travel expenses, and 
                allowances payable to such personnel attributable to 
                such visits.
            (2) Exception.--The costs described in paragraph (1)(A) 
        shall not include the salaries and benefits of new officers of 
        U.S. Customs and Border Protection once such officers are 
        permanently stationed at a domestic United States port of entry 
        or other domestic facility of U.S. Customs and Border 
        Protection after being hired, trained, and equipped.

SEC. 3. COLLECTION AND DISPOSITION OF FUNDS COLLECTED FOR IMMIGRATION 
              INSPECTION SERVICES AND PRECLEARANCE ACTIVITIES.

    (a) Immigration and Nationality Act.--Section 286(i) of the 
Immigration and Nationality Act (8 U.S.C. 1356(i)) is amended by 
striking the last sentence and inserting ``Reimbursements under this 
subsection may be collected in advance of the provision of such 
immigration inspection services. Notwithstanding subsection (h)(1)(B), 
and only to the extent provided in appropriations Acts, any amounts 
collected under this subsection shall be credited as offsetting 
collections to the currently applicable appropriation, account, or fund 
of U.S. Customs and Border Protection, remain available until expended, 
and be available for the purposes for which such appropriation, 
account, or fund is authorized to be used.''.
    (b) Farm Security and Rural Investment Act of 2002.--Section 
10412(b) of the Farm Security and Rural Investment Act of 2002 (7 
U.S.C. 8311(b)) is amended to read as follows:
    ``(b) Funds Collected for Preclearance.--Funds collected for 
preclearance activities--
            ``(1) may be collected in advance of the provision of such 
        activities;
            ``(2) shall be credited as offsetting collections to the 
        currently applicable appropriation, account, or fund of U.S. 
        Customs and Border Protection;
            ``(3) shall remain available until expended;
            ``(4) shall be available for the purposes for which such 
        appropriation, account, or fund is authorized to be used; and
            ``(5) may be collected and shall be available only to the 
        extent provided in appropriations Acts.''.

SEC. 4. EXPANSION OF PRECLEARANCE AT FOREIGN AIRPORTS.

    (a) Findings.--Congress makes the following findings:
            (1) Preclearance operations provide the ultimate ability 
        for the United States to address potential threats at the 
        earliest possible moment and prior to departure, through the 
        forward deployment of officers of U.S. Customs and Border 
        Protection to last points of departure in a foreign country.
            (2) With inspections and examination operations of U.S. 
        Customs and Border Protection located in a foreign country, 
        preclearance provides the capability to interdict, address, and 
        work with host-country law enforcement in furtherance of both 
        aviation security and border security in the United States.
            (3) Under current preclearance operations, officers of the 
        U.S. Customs and Border Protection collect biometrics in the 
        same way that is currently done upon arrival in the United 
        States, in accordance with current regulation, and as part of 
        the routine entry process from certain aliens who are not 
        citizens of the United States prior to boarding flights 
        destined to the United States.
            (4) Preclearance operations provide the best means for 
        existing and future biometric security capabilities beyond the 
        United States. Support for preclearance expansion will greatly 
        increase border and aviation security in the United States and 
        foreign countries.
    (b) Sense of Congress.--It is the sense of Congress that each 
country designated as a visa waiver program country under section 217 
of the Immigration and Nationality Act (8 U.S.C. 1187) should seek to 
participate in the preclearance program with the United States, to 
jointly address security concerns through additional exchange of 
information and to improve joint ability to secure the that visa waiver 
program while maintaining the original intent of the program.

SEC. 5. BIOMETRIC DEMONSTRATION PROGRAMS AT PRECLEARANCE LOCATIONS.

    (a) Authority.--The Secretary of Homeland Security is authorized to 
select preclearance locations, including preclearance expansion 
locations, and enter into an agreement with a foreign government or 
airport to conduct a collaborative biometric demonstration program at 
such a location to test emerging biometric technologies. The scope of 
the demonstration program may encompass travelers other than those 
utilizing preclearance at such a location, provided that such program 
includes means for information sharing with U.S. Customs and Border 
Protection operations.
    (b) International Cooperation and Coordination.--Section 233(a) of 
the Security and Accountability For Every Port Act of 2006 (6 U.S.C. 
983(a)) is amended--
            (1) in paragraph (1), by striking the period at the end and 
        inserting ``, and to establish and maintain, in partnership 
        with foreign governments, demonstration programs to test 
        emerging biometric technologies at foreign airports at which 
        the Secretary has established preclearance operations.''; and
            (2) in paragraph (2)--
                    (A) in subparagraph (A), by striking ``and'' at the 
                end;
                    (B) in subparagraph (B), by striking the period at 
                the end and inserting a semicolon and ``and''; and
                    (C) by adding the following:
                    ``(C) lease, loan, provide, or otherwise assist in 
                the deployment of biometric technologies at foreign 
                airports at which the Secretary has established 
                preclearance operations under such terms and conditions 
                as the Secretary prescribes, including nonreimbursable 
                loans or the transfer of ownership of such 
                technologies, and provide the necessary training and 
                technical assistance related to the biometric 
                demonstration programs referred to in paragraph (1).''.

SEC. 6. VISA WAIVER PROGRAM REQUIREMENTS.

    (a) Information Sharing Process.--The Director of National 
Intelligence shall--
            (1) develop a process to share information derived from the 
        Terrorist Identities Datamart Environment (TIDE) database and 
        the Terrorist Screening Database (TSDB), including biometric 
        and biographic information, with countries participating in the 
        visa waiver program established under section 217(a) of the 
        Immigration and Nationality Act (8 U.S.C. 1187(a)); and
            (2) not later than 1 year after the date of the enactment 
        of this Act, certify to Congress that such process may be 
        utilized by such countries.
    (b) Continuing Qualification and Designation Terminations.--
Subsection (c) of section 217 of the Immigration and Nationality Act (8 
U.S.C. 1187) is amended--
            (1) in paragraph (1), by striking ``Attorney General,'' and 
        inserting ``Secretary of Homeland Security,''; and
            (2) in paragraph (2)--
                    (A) in subparagraph (C)(iii)--
                            (i) by striking ``and the Committee on 
                        International Relations'' and inserting ``, the 
                        Committee on Foreign Affairs, and the Committee 
                        on Homeland Security''; and
                            (ii) by striking ``and the Committee on 
                        Foreign Relations'' and inserting ``, the 
                        Committee on Foreign Relations, and the 
                        Committee on Homeland Security and Governmental 
                        Affairs''; and
                    (B) by adding at the end the following:
                    ``(G) Border security.--The government of the 
                country utilizes the process developed by the Director 
                of National Intelligence under section 6(a) of the 
                Travel Facilitation and Safety Act of 2015 to utilize 
                information derived from the Terrorist Identities 
                Datamart Environment (TIDE) database and the Terrorist 
                Screening Database (TSDB) for border security and 
                immigration purposes, including the screening of aliens 
                seeking asylum or refugee status in that country.''.
Travel Facilitation and Safety Act of 2015 This bill authorizes the U.S. Customs and Border Protection (CBP) of the Department of Homeland Security (DHS) to enter into cost-sharing agreements with airport authorities in foreign countries at which preclearance operations will be established or maintained if certain circumstances apply. Any cost-sharing agreement may provide for an airport authority's payment to the CBP of its initial preclearance operations costs. The Immigration and Nationality Act is amended with respect to reimbursements to the Department of Justice received from commercial aircraft or vessel owners, operators, or agents, or from any airport or seaport authority, for expenses incurred for immigration inspection services they have requested. Such reimbursements may be collected in advance of those services, and shall be credited as offsetting collections to the currently applicable CBP appropriation, account, or fund. The Farm Security and Rural Investment Act of 2002 is amended to make the same disposition for reimbursements to the Department of Agriculture for preclearance of animals or articles at locations outside the United States for movement into the United States. The bill expresses the sense of Congress that each visa waiver program country should seek to participate in the U.S. preclearance program. DHS may select preclearance locations and enter into agreements with foreign governments or airports to conduct a collaborative demonstration program at those locations to test emerging biometric technologies.  The Office of the Director of National Intelligence shall develop a process to share information derived from the Terrorist Identities Datamart Environment database and the Terrorist Screening Database with countries participating in the visa waiver program.

That this Act may be 
cited as the ``Small Business and Minority Small Business Procurement 
Opportunities Act of 1994''.

SEC. 2. FUNCTIONS OF SMALL BUSINESS ADMINISTRATION.

    The Small Business Act is amended by adding the following new 
section:
    ``Sec. 29. The Administrator of the Small Business Administration, 
in coordination with other Federal agencies, shall--
            ``(1) develop plans to coordinate and promote the use of 
        the Federal Acquisition Computer Network by small businesses 
        that incorporate outreach efforts by the Administration, agency 
        Offices of Small and Disadvantaged Business Utilization, Small 
        Business Development Centers, and other appropriate 
        organizations; and
            ``(2) inform and provide consistent and comprehensive 
        training on the Network for small businesses.''.

SEC. 3. SMALL BUSINESS RESERVATION.

    Section 15(j) of the Small Business Act (15 U.S.C. 644(j)) is 
amended to read as follows:
    ``(j)(1) Each contract for the procurement of goods and services 
that has an anticipated value not in excess of $100,000 shall be 
reserved exclusively for small business concerns unless the contracting 
officer is unable to obtain offers from two or more small business 
concerns that (A) are competitive with market prices, and (B) are 
competitive with regard to the quality and delivery of the goods or 
services being procured.
    ``(2) In carrying out paragraph (1), a contracting officer shall 
consider any offer that is responsive and that is received in a timely 
manner from an eligible small business offeror.
    ``(3) Nothing in paragraph (1) shall be construed as precluding an 
award of a contract with a value not in excess of $100,000 under the 
authority of--
            ``(A) section 8(a) of this Act;
            ``(B) section 2323 of title 10, United States Code;
            ``(C) section 316 of the Federal Property and 
        Administrative Services Act of 1949; or
            ``(D) section 12 of the Business Opportunity Development 
        Reform Act of 1988 (Public Law 100-656; U.S.C. 644 note).
    ``(4) In the case of contracts referred to in paragraph (1) that 
are entered into with small business concerns, contracting officers 
shall, wherever circumstances permit, provide for the use of fast 
payment terms and the disbursement of payment through electronic fund 
transfer.
    ``(5) A purchase by an executive agency with an anticipated value 
of the micro-purchase threshold or less shall not be subject to the 
small business reserve requirements of paragraph (1) of this 
subsection.''.

SEC. 4. TECHNICAL AND CONFORMING CHANGES.

    (a) Section 3(m) of the Small Business Act (15 U.S.C. 632(m)) is 
amended to read as follows:
    ``(m) For purposes of this Act, the term `simplified acquisition 
threshold' has the meaning given such term in section 4A of the Office 
of Federal Procurement Policy Act (41 U.S.C. 403A) and the term `micro-
purchase threshold' has the meaning given such term in section 4B(e) of 
the Office of Federal Procurement Policy Act (41 U.S.C. 401 et 
seq.).''.
    (b) Section 8(d)(2)(A) of the Small Business Act (15 U.S.C. 
637(d)(2)(A)) is amended by striking out ``does not exceed the small 
purchase threshold'' and inserting in lieu thereof ``is for an amount 
not in excess of the simplified acquisition threshold''.

SEC. 5. CONTRACT GOALS FOR SMALL BUSINESSES OWNED BY ECONOMICALLY AND 
              SOCIALLY DISADVANTAGED INDIVIDUALS AND FOR CERTAIN 
              INSTITUTIONS OF HIGHER EDUCATION.

    Section 8(g) of the Small Business Act is amended to read as 
follows:
    ``(g)(1) The President annually shall establish Government-wide 
goals for procurement contracts awarded to small business concerns and 
small business concerns owned and controlled by socially and 
economically disadvantaged individuals. The Government-wide goal for 
participation by small business concerns shall be established at not 
less than 20 percent of the total value of all prime contract awards 
for each fiscal year. The Government-wide goal for participation by 
small business concerns owned and controlled by socially and 
economically disadvantaged individuals shall be established at not less 
than 5 percent of the total value of all prime contract and subcontract 
awards for each fiscal year.
    ``(2) A goal of 5 percent of the amount described in paragraph (5) 
shall be the objective of an executive agency in each of fiscal years 
1994 through 2000 for the total combined amount obligated for contracts 
and subcontracts entered into with--
            ``(A) small business concerns, including mass media and 
        advertising firms, owned and controlled by socially and 
        economically disadvantaged individuals, the majority of the 
        earnings of which directly accrue to such individuals;
            ``(B) historically Black colleges and universities, 
        including any nonprofit research institution that was an 
        integral part of such a college or university before November 
        14, 1986; and
            ``(C) minority institutions (as defined in section 1046(3) 
        of the Higher Education Act of 1965 (20 U.S.C. 1135d-5(3)), 
        which, for the purposes of this section, shall include 
        Hispanic-serving institutions (as defined in section 316(b)(1) 
        of such Act (20 U.S.C. 1059c(b)(1)).
    ``(3) The head of the agency shall establish a specific goal within 
the overall 5 percent goal for the award of prime contracts and 
subcontracts to historically Black colleges and universities and 
minority institutions in order to increase the participation of such 
colleges and universities in the program provided for by this 
subsection.
    ``(4) The administration, in consultation with the Administrator of 
the Office of Federal Procurement Policy, shall provide procedures or 
guidelines for contracting officers to set goals which executive agency 
prime contractors that are required to submit subcontracting plans 
under subsection (d) in furtherance of the agency's program to meet the 
5 percent goal specified in paragraph (2) should meet in awarding 
subcontracts, including subcontracts to minority-owned media, to 
entities described in that paragraph.
    ``(5) The requirements of paragraphs (2) through (4) for any fiscal 
year apply to the total value of all prime contract awards entered into 
by the executive agency for such fiscal year.
    ``(6) (A) To attain the goal specified in paragraph (2), the head 
of the agency shall provide technical assistance to the entities 
referred to in that subsection and, in the case of historically Black 
colleges and universities and minority institutions, shall also provide 
infrastructure assistance.
    ``(B) Technical assistance provided under this section shall 
include information about the program, advice about the agency's 
procurement procedures, instruction in preparation of proposals, and 
other such assistance as the agency head considers appropriate. If the 
resources of the executive agency are inadequate to provide such 
assistance, the agency head may enter into contracts with minority 
private sector entities with experience and expertise in the design, 
development, and delivery of technical assistance services to eligible 
individuals, business firms and institutions, acquisition agencies, and 
prime contractors. Agency contracts with such entities shall be awarded 
annually, based upon, among other things, the number of minority small 
business concerns, historically Black colleges and universities, and 
minority institutions that each such entity brings into the program.
    ``(C) The agency head shall, to the maximum extent practical, carry 
out programs under this section at colleges, universities, and 
institutions that agree to bear a substantial portion of the cost 
associated with the programs.
    ``(7) To attain the goal of paragraph (2),
            ``(A) The head of the agency shall--
                    ``(i) ensure that substantial progress is made in 
                increasing awards of agency contracts to entities 
                described in paragraph (2);
                    ``(ii) exercise his utmost authority, 
                resourcefulness, and diligence; and
                    ``(iii) actively monitor and assess the progress of 
                prime contractors of the agency in attaining such goal.
            ``(B) In making the assessment under subparagraph (A)(iii), 
        the agency head shall evaluate the extent to which use of the 
        authority provided in paragraphs (C) and (D) and compliance 
        with the requirement in paragraph (E) is effective for 
        facilitating the attainment of the goal.
            ``(C) To the extent practicable and when necessary to 
        facilitate achievement of the 5 percent goal described in 
        paragraph (2), the agency head shall make advance payments 
        under section 305 of title III of the Federal Property and 
        Administrative Services Act of 1949 (41 U.S.C. 251 et seq.) to 
        contractors described in paragraph (2). The Federal Acquisition 
        Regulation shall provide guidance to contracting officers for 
        making advance payments to entities described in subsection 
        (a)(1) under such section.
            ``(D) To the extent practicable and when necessary to 
        facilitate achievement of the 5 percent goal described in 
        paragraph (2), the agency head may enter into contracts using 
        less than full and open competitive procedures (including 
        awards under subsection (a) of this section) and partial set 
        asides for entities described in paragraph (2), but shall pay a 
        price not exceeding fair market cost by more than 10 percent in 
        payment per contract to contractors or subcontractors described 
        in paragraph (2). The agency head shall adjust the percentage 
        specified in the preceding sentence for any industry category 
        if available information clearly indicates that 
        nondisadvantaged small business concerns in such industry 
        category are generally being denied a reasonable opportunity to 
        compete for contracts because of the use of that percentage in 
        the application of this paragraph.
            ``(E) To the extent practicable, the agency head shall 
        maximize the number of minority small business concerns, 
        historically Black colleges and universities, and minority 
        institutions participating in the program.
            ``(F) The administration, in consultation with the 
        Administrator of the Office of Federal Procurement Policy, 
        shall prescribe regulations which provide for the following:
                    ``(i) Procedures or guidance for contracting 
                officers to provide incentives for prime contractors 
                described in paragraph (2) to increase subcontractor 
                awards to entities described in such paragraph.
                    ``(ii) A requirement that contracting officers 
                emphasize the award of contracts to entities described 
                in paragraph (2) in all industry categories, including 
                those categories in which such entities have not 
                traditionally dominated.
                    ``(iii) Guidance to executive agency personnel on 
                the relationship among the following programs:
                            ``(I) The program implementing this 
                        subsection.
                            ``(II) The program established under 
                        subsection (a).
                            ``(III) The small business set-aside 
                        program established under section 15(a) of this 
                        Act (15 U.S.C. 644(a)).
                    ``(iv) With respect to an agency procurement which 
                is reasonably likely to be set aside for entities 
                described in paragraph (2), a requirement that (to the 
                maximum extent practicable) the procurement be 
                designated as such a set-aside before the solicitation 
                for the procurement is issued.
                    ``(v) Policies and procedures which, to the maximum 
                extent practicable, will ensure that current levels in 
                the number or dollar value of contracts awarded under 
                the program established under subsection (a) (15 U.S.C. 
                637(a)) and under the small business set-aside program 
                established under section 15(a) of this Act (15 U.S.C. 
                644(a)) are maintained and that every effort is made to 
                provide new opportunities for contract awards to 
                eligible entities, in order to meet the goal of 
                paragraph (2).
                    ``(vi) Implementation of this section in a manner 
                which will not alter the procurement process under the 
                program established under subsection (a) of this Act 
                (15 U.S.C. 637(a)).
                    ``(vii) A requirement that one factor used in 
                evaluating the performance of a contracting officer be 
                the ability of the officer to increase contract awards 
                to entities described in paragraph (2).
                    ``(viii) Increased technical assistance to entities 
                described in paragraph (2).
    ``(8)(A) Whoever for the purpose of securing a contract or 
subcontract under paragraph (2), misrepresents the status of any 
concern or person as a small business concern owned and controlled by a 
minority (as described in paragraph (2), shall be punished by 
imprisonment for not more than one year or a fine of not less than 
$10,000, or both.
    ``(B) The Federal Acquisition Regulation shall prohibit awarding a 
contract under this section to an entity described in paragraph (2) 
unless the entity agrees to comply with the requirements of section 
15(o)(1) of this Act (15 U.S.C. 644(o)(1)).
    ``(9)(A) To the maximum extent practicable, the head of the agency 
shall--
            ``(i) ensure that no particular industry category bears a 
        disproportionate share of the contracts awarded to attain the 
        goal established by paragraph (2); and
            ``(ii) ensure that contracts awarded to attain the goal 
        established by paragraph (2) are made across the broadest 
        possible range of industry categories.
    ``(B) Under procedures prescribed by the head of the agency and 
approved by the administration, a person may request the agency head to 
determine whether the use of small disadvantaged business set asides by 
a contracting activity of the agency has caused a particular industry 
category to bear a disproportionate share of the contracts awarded to 
attain the goal established for that contracting activity for the 
purposes of this subsection. Upon making a determination that a 
particular industry category is bearing a disproportionate share, the 
agency head shall take appropriate actions to limit the contracting 
activity's use of set asides in awarding contracts in that particular 
industry category.
    ``(10)(A) The administration shall issue regulations to ensure that 
potential contractors submitting sealed bids or competitive proposals 
to the executive agency for procurement contracts to be awarded under 
the program provided for by this subsection are complying with 
applicable subcontracting plan requirements of subsection (d) of this 
Act (15 U.S.C. 637(d)).
    ``(B) The regulations required by paragraph (A) shall ensure that, 
with respect to a sealed bid or competitive proposal for which the 
bidder or offeror is required to negotiate or submit a subcontracting 
plan under subsection (d) of this Act (15 U.S.C. 637(d)), the 
subcontracting plan shall be a factor in evaluating the bid or 
proposal.
    ``(11)(A) Not later than December 15 of each year, the 
administration shall submit to Congress a report on the progress of 
each executive agency toward attaining the goal of paragraph (2) during 
the preceding fiscal year.
    ``(B) The report required under paragraph (A) shall include a 
description of--
            ``(i) the degree of participation by small businesses owned 
        and controlled by socially and economically disadvantaged 
        individuals in procurements conducted by each executive agency; 
        and
            ``(ii) the extent of compliance by executive agencies with 
        the goals for participation by such businesses required by 
        paragraph (1), relating to Government-wide small business and 
        small disadvantaged business goals for procurement contracts.
    ``(12) This subsection shall not be construed as modifying or 
superseding any other provision of law establishing a goal or 
requirement for an agency to obligate 5 percent or more of the total 
value of all prime contract awards entered into by the agency for a 
fiscal year with any entity described in paragraph (2).
    ``(13) The Coast Guard and the National Aeronautics and Space 
Administration (notwithstanding section 302(a)(1)) of the Federal 
Property and Administrative Services Act of 1949 (41 U.S.C. 251 et 
seq.) shall each be considered to be an executive agency for the 
purposes of this subsection.
    ``(14) This subsection applies to each of fiscal years 1994 through 
2000.''.

SEC. 6. TEST OF INNOVATIVE AND ALTERNATIVE PROCUREMENT PROCEDURES.

    Section 8(g) of the Small Business Act (15 U.S.C. 637(g)) (as 
amended by section 5 of this Act) is further amended by inserting the 
following:
            ``(15) The requirements of subsections (e) and (f) of this 
        section may be waived by the Administrator of the Office of 
        Federal Procurement Policy after consultation with the 
        Administrator of the Small Business Administration in 
        conducting innovative and alternative procurement test programs 
        under section 9001 of the Federal Acquisition Improvement Act 
        of 1994.''.

                                 

HR 4263 IH----2

Small Business and Minority Small Business Procurement Opportunities Act of 1994 - Amends the Small Business Act (the Act) to direct the Administrator of the Small Business Administration (SBA) to:  (1) develop plans to coordinate and promote the use of the Federal Acquisition Computer Network by small businesses that incorporate outreach efforts by various agencies and organizations; (2) inform and provide consistent and comprehensive training on the Network for small businesses; and (3) provide Minority Business Development Centers and other Department of Commerce minority assistance programs information on procurement opportunities and access to the Network. 
(Sec. 2) Requires each Federal contract for the procurement of goods and services not in excess of $100,000 or the simplified acquisition threshold, whichever is higher, to be reserved exclusively for small businesses unless the contracting officer is unable to obtain competitive offers from two or more small businesses. 
(Sec. 5) Revises provisions regarding contract goals for small businesses and small businesses owned by socially disadvantaged individuals.  Expands such program to include small businesses owned by women. Increases the percentage goal for small business participation to at least 25 (currently, 20) percent of the total value of all prime contract awards in a fiscal year.  Sets a minimum goal of five percent of the total value of all prime contract and subcontract awards in a fiscal year for participation by small businesses owned by women. 
Requires all executive agencies to establish a goal of at least five percent of contract and subcontract dollars per year to be expended through small businesses owned by socially disadvantaged individuals for fiscal years 1994 through 2000.  Outlines administrative procedures with respect to the attainment of such goals, including the provision of appropriate technical assistance. 
Authorizes the use of advance payments and less than full and open competitive procedures when determined appropriate and in furtherance of the attainment of the contract goals.  Requires appropriate regulations by the Administrator for Federal Procurement Policy.  Provides civil and criminal penalties for the misrepresentation of a business as a business owned by socially disadvantaged individuals.  Requires an agency head, upon request, to determine whether the use of small disadvantaged business set asides by a contracting activity of such agency has caused a particular industry category to bear a disproportionate share of the contracts awarded to attain the goal established for such contracting activity.  Requires appropriate corrective action upon a positive finding. 
(Sec. 8) Requires procuring activities, until October 1, 1999, to report procurement awards with a dollar value between $10,000 and $100,000 in conformity with the procedures or the reporting of a contract award in excess of $25,000 that were in effect on October 1, 1992. 
Directs the SBA Administrator to propose a modification to the Federal Acquisition Regulation that provides for the use of specified fast payment terms. 
(Sec. 9) Provides deadlines for responses to requests by small businesses regarding contract administration matters. 
(Sec. 10) Prohibits contracting procurement agencies from using any market acceptance criterion that would preclude small businesses from being eligible for a contract award solely on the basis of being unable to supply a quantity of product when the same amount of product could be obtained from a number of small business suppliers. 
(Sec. 12) Requires the President to report annually to the Congress on the progress that small businesses owned by socially disadvantaged individuals and women are making in obtaining Federal procurement dollars. 
(Sec. 13) Makes certain requirements regarding the participation of small businesses and small businesses owned by socially disadvantaged individuals in contracts and subcontracts applicable to small businesses owned by women as well.