113 S2772 PCS: Secure the Southwest Border Supplemental Appropriations Act, 2014
U.S. Senate
2014-07-31
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		II
		Calendar No. 527113th CONGRESS
		2d Session
		S. 2772
		IN THE SENATE OF THE UNITED STATES

			July 31, 2014
			Mr. Flake introduced the following bill; which was read the first time

		August 1, 2014Read the second time and placed on the calendarA BILL
		Making supplemental appropriations for the fiscal year ending September 30, 2014, and for other
			 purposes.

			That the following sums are appropriated, out of any money in the Treasury not otherwise
			 appropriated, for the fiscal year ending September 30, 2014, and for other
			 purposes, namely:

			A
			supplemental appropriations and rescissions

				I

					department of homeland security

					U.S. customs and border protection

					Salaries and expenses
					For an additional amount for Salaries and Expenses, $71,000,000, to remain available until September 30, 2015, for necessary expenses to apprehend,
			 transport, and provide temporary shelter associated with the significant
			 rise in unaccompanied alien children and alien adults accompanied by an
			 alien minor at the Southwest Border of the United States, including
			 related activities to secure the border, disrupt transnational crime, and
			 the necessary acquisition, construction, improvement, repair, and
			 management of facilities: Provided, That not later than 30 days after the date of the enactment of this Act, the Secretary of
			 Homeland Security shall submit to the Committees on Appropriations of the
			 House of Representatives and the Senate an obligation and quarterly
			 expenditure plan for these funds: Provided further, That the Secretary shall provide to such Committees quarterly updates on the expenditure of these
			 funds.

					U.S. immigration and customs enforcement

					salaries and expenses
					For an additional amount for “Salaries and Expenses”, $334,000,000, to remain available until
			 September 30, 2015, for necessary expenses to respond to the significant
			 rise in unaccompanied alien children and alien adults accompanied by an
			 alien minor at the Southwest Border of the United States, including for
			 enforcement of immigration and customs law, including detention and
			 removal operations, of which $262,000,000 shall be for Custody Operations
			 and $72,000,000 shall be for Transportation and Removal operations: Provided, That not later than 30 days after the date of the enactment of this Act, the Secretary of
			 Homeland Security shall submit to the Committees on Appropriations of the
			 House of Representatives and the Senate an obligation and quarterly
			 expenditure plan for these funds: Provided further, That the Secretary shall provide to such Committees quarterly updates on the expenditure of these
			 funds.

					general provisions—this title

					(including rescission)

					101.
					Notwithstanding any other provision of law, none of the funds provided by this title shall be
			 available for obligation or expenditure through a reprogramming or
			 transfer of funds that proposes to use funds directed for a specific
			 activity by either of the Committees on Appropriations of the House of
			 Representatives or the Senate for a different purpose than for which the
			 appropriations were provided: Provided, That prior to the obligation of such funds, a request for approval shall be submitted to such
			 Committees.

					102.
					The Secretary of Homeland Security shall provide to the Congress quarterly reports that include:
			 (1) the number of apprehensions at the border delineated by unaccompanied
			 alien children and alien adults accompanied by an alien minor; (2) the
			 number of claims of a credible fear of persecution delineated by
			 unaccompanied alien children and alien adults accompanied by an alien
			 minor, and the number of determinations of valid claims of a credible fear
			 of persecution delineated by unaccompanied alien children and alien adults
			 accompanied by an alien minor; (3) the number of unaccompanied alien
			 children and alien adults accompanied by an alien minor granted asylum by
			 an immigration judge, delineated by year of apprehension; (4) the number
			 of alien adults accompanied by an alien minor in detention facilities,
			 alternatives to detention, and other non-detention forms of supervision;
			 and (5) the number of removals delineated by unaccompanied alien children
			 and alien adults accompanied by an alien minor.

					103.
					Of the unobligated balance available for Department of Homeland Security—Federal Emergency Management Agency—Disaster Relief Fund, $405,000,000 is rescinded: Provided, That no amounts may be rescinded from amounts that were designated by the Congress as an emergency
			 requirement pursuant to a concurrent resolution on a budget or the
			 Balanced Budget and Emergency Deficit Control Act of 1985: Provided further, That no amounts may be rescinded from the amounts that were designated by the Congress as being
			 for disaster relief pursuant to section 251(b)(2)(D) of the Balanced
			 Budget and Emergency Deficit Control Act of 1985.

					104.
					Notwithstanding any other provision of law, grants awarded under sections 2003 or 2004 of the
			 Homeland Security Act of 2002 (6 U.S.C. 604 and 605) using funds provided
			 under the heading Federal Emergency Management Agency—State and Local Programs in division F of Public Law 113–76, division D of Public Law 113–6, or division D of Public Law
			 112–74 may be used by State and local law enforcement and public safety
			 agencies within local units of government along the Southwest Border of
			 the United States for costs incurred during the award period of
			 performance for personnel, overtime, travel, costs related to combating
			 illegal immigration and drug smuggling, and costs related to providing
			 humanitarian relief to unaccompanied alien children and alien adults
			 accompanied by an alien minor who have entered the United States.

				II

					department of defense—military

					military personnel

					national guard personnel, army
					For an additional amount for National Guard Personnel, Army, $12,419,000, to remain available until September 30, 2015, for necessary expenses related to the
			 Southwest Border of the United States.

					national guard personnel, air force
					For an additional amount for National Guard Personnel, Air Force, $2,258,000, to remain available until September 30, 2015, for necessary expenses related to the
			 Southwest Border of the United States.

					operation and maintenance

					operation and maintenance, army national guard
					For an additional amount for Operation and Maintenance, Army National Guard, $15,807,000, to remain available until September 30, 2015, for necessary expenses related to the
			 Southwest Border of the United States.

					operation and maintenance, air national guard
					For an additional amount for Operation and Maintenance, Air National Guard, $4,516,000, to remain available until September 30, 2015, for necessary expenses related to the
			 Southwest Border of the United States.

					general provision—this title

					(rescission)

					201.
					Of the unobligated balances of amounts appropriated in title II of division C of Public Law 113–76
			 for Operation and Maintenance, Defense-Wide, $35,000,000 is hereby rescinded to reflect excess cash balances in Department of Defense Working
			 Capital Funds.

				III

					department of justice

					general administration

					administrative review and appeals
					For an additional amount for Administrative Review and Appeals for necessary expenses to respond to the significant rise in unaccompanied alien children and
			 alien adults accompanied by an alien minor at the Southwest Border of the
			 United States, $22,000,000, to remain available until September 30, 2015,
			 of which $12,900,000 shall be for additional temporary immigration judges
			 and related expenses, and $9,100,000 shall be for technology for judges to
			 expedite the adjudication of immigration cases.

					general provision—this title

					(rescission)

					301.
					Of the unobligated balances available for Department of Justice—Legal Activities—Assets Forfeiture Fund, $22,000,000 is hereby permanently rescinded.

				IV

					general provisions—this title

					repatriation and reintegration

					401.
					(a)
						Repatriation and Reintegration
						Of the funds appropriated in titles III and IV of division K of Public Law 113–76, and in prior
			 Acts making appropriations for the Department of State, foreign
			 operations, and related programs, for assistance for the countries in
			 Central America, up to $40,000,000 shall be made available for such
			 countries for repatriation and reintegration activities: Provided, That funds made available pursuant to this section may be obligated notwithstanding subsections
			 (c) and (e) of section 7045 of division K of Public Law 113–76.

						(b)
						Report
						Prior to the initial obligation of funds made available pursuant to this section, but not later
			 than 15 days after the date of enactment of this Act, and every 90 days
			 thereafter until September 30, 2015, the Secretary of State, in
			 consultation with the Administrator of the United States Agency for
			 International Development, shall submit to the appropriate congressional
			 committees a report on the obligation of funds made available pursuant to
			 this section by country and the steps taken by the government of each
			 country to—

							(1)
							improve border security;

							(2)
							enforce laws and policies to stem the flow of illegal entries into the United States;

							(3)
							enact laws and implement new policies to stem the flow of illegal entries into the United States,
			 including increasing penalties for human smuggling;

							(4)
							conduct public outreach campaigns to explain the dangers of the journey to the Southwest Border of
			 the United States and to emphasize the lack of immigration benefits
			 available; and

							(5)
							cooperate with United States Federal agencies to facilitate and expedite the return, repatriation,
			 and reintegration of illegal migrants arriving at the Southwest Border of
			 the United States.

						(c)
						Suspension of Assistance
						The Secretary of State shall suspend assistance provided pursuant to this section to the government
			 of a country if such government is not making significant progress on each
			 item described in paragraphs (1) through (5) of subsection (b): Provided, That assistance may only be resumed if the Secretary reports to the appropriate congressional
			 committees that subsequent to the suspension of assistance such government
			 is making significant progress on each of the items enumerated in such
			 subsection.

						(d)
						Notification requirement
						Funds made available pursuant to this section shall be subject to the regular notification
			 procedures of the Committees on Appropriations of the House of
			 Representatives and the Senate.

					(rescission)

					402.
					Of the unexpended balances available to the President for bilateral economic assistance under the
			 heading Economic Support Fund from prior Acts making appropriations for the Department of State, foreign operations, and related
			 programs, $197,000,000 is rescinded: Provided, That no amounts may be rescinded from amounts that were designated by the Congress for Overseas
			 Contingency Operations/Global War on Terrorism pursuant to section
			 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of
			 1985 or as an emergency requirement pursuant to a concurrent resolution on
			 the budget or the Balanced Budget and Emergency Deficit Control Act of
			 1985.

				V

					department of health and human services

					administration for children and families

					refugee and entrant assistance
					For an additional amount for Refugee and Entrant Assistance, $197,000,000, to be merged with and available for the same time period and for the same purposes
			 as the funds made available under this heading in division H of Public Law
			 113–76 for carrying out such sections 414, 501, 462, and 235: Provided, That of this amount, $47,000,000 shall be for the Social Services and Targeted Assistance
			 programs.

					This division may be cited as the Secure the Southwest Border Supplemental Appropriations Act, 2014.

			B
			Secure the Southwest Border Act of 2014

				1.
				Short title; table of contents
					(a)
					Short title
					This division may be cited as the Secure the Southwest Border Act of 2014.

					(b)
					Table of contents
					The table of contents for this division is as follows:

						Sec. 1. Short title; table of contents.
						Title I—Protecting Children
						Sec. 101. Repatriation of unaccompanied alien children.
						Sec. 102. Expedited due process and screening of unaccompanied alien children.
						Sec. 103. Due process protections for unaccompanied alien children present in the United States.
						Sec. 104. Emergency immigration judge resources.
						Sec. 105. Protecting children from human traffickers, sex offenders, and other criminals.
						Sec. 106. Inclusion of additional grounds for per se ineligibility for asylum.
						Title II—Use of National Guard to Improve Border Security
						Sec. 201. National Guard support for border operations.
						Title III—National Security and Federal Lands Protection
						Sec. 301. Prohibition on actions that impede border security on certain Federal land.
						Sec. 302. Sense of Congress on placement of unauthorized aliens at military installations.

				I
				Protecting Children

					101.
					Repatriation of unaccompanied alien childrenSection 235(a) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232(a)) is amended—

						(1)
						in paragraph (2)—

							(A)
							by amending the paragraph heading to read as follows: Rules for unaccompanied alien children;

							(B)
							in subparagraph (A), in the matter preceding clause (i), by striking who is a national or habitual resident of a country that is contiguous with the United States; and

							(C)
							in subparagraph (C)—

								(i)
								by amending the subparagraph heading to read as follows: Agreements with foreign countries; and

								(ii)
								in the matter preceding clause (i), by striking countries contiguous to the United States and inserting Canada, El Salvador, Guatemala, Honduras, Mexico, and any other foreign country that the Secretary
			 determines appropriate; and

						(2)
						in paragraph (5)(D)—

							(A)
							in the subparagraph heading, by striking Placement in removal proceedings and inserting Expedited due process and screening for unaccompanied alien children;

							(B)
							in the matter preceding clause (i), by striking , except for an unaccompanied alien child from a contiguous country subject to the exceptions under
			 subsection (a)(2), shall be— and inserting who meets the criteria listed in paragraph (2)(A)—;

							(C)
							by striking clause (i) and inserting the following:

									(i)
									shall be placed in a proceeding in accordance with section 235B of the Immigration and Nationality
			 Act, which shall commence not later than 7 days after the screening of an
			 unaccompanied alien child described in paragraph (4);
								;

							(D)
							by redesignating clauses (ii) and (iii) as clauses (iii) and (iv), respectively;

							(E)
							by inserting after clause (i) the following:

									(ii)
									may not be placed in the immediate custody of a nongovernmental sponsor or otherwise released from
			 the custody of the United States Government until the child is repatriated
			 unless the child is the subject of an order under section 235B(e)(1) of
			 the Immigration and Nationality Act;
								;

							(F)
							in clause (iii), as redesignated, by inserting is before eligible; and

							(G)
							in clause (iv), as redesignated, by inserting shall be before provided.

					102.
					Expedited due process and screening of unaccompanied alien children
						(a)
						Amendments to Immigration and Nationality Act

							(1)
							In general
							Chapter 4 of the Immigration and Nationality Act is amended by inserting after section 235A the
			 following:

									235B.
									Humane and expedited inspection and screening for unaccompanied alien children

										(a)
										Defined term
										In this section, the term asylum officer had the meaning given such term in section 235(b)(1)(E) of the Immigration and Nationality Act (8
			 U.S.C. 1225(b)(1)(E)).

										(b)
										Proceeding

											(1)
											In general
											Not later than 7 days after the screening of an unaccompanied alien child under section 235(a)(4)
			 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232(a)(4)), an immigration judge shall conduct a proceeding to inspect, screen, and
			 determine the status of an unaccompanied alien child who is an applicant
			 for admission to the United States.

											(2)
											Time limit
											Not later than 72 hours after the conclusion of a proceeding with respect to an unaccompanied alien
			 child under this section, the immigration judge who conducted such
			 proceeding shall issue an order pursuant to subsection (e).

										(c)
										Conduct of proceeding

											(1)
											Authority of immigration judge
											The immigration judge conducting a proceeding under this section—

												(A)
												shall administer oaths, receive evidence, and interrogate, examine, and cross-examine the alien and
			 any witnesses;

												(B)
												may issue subpoenas for the attendance of witnesses and presentation of evidence; and

												(C)
												is authorized to sanction by civil money penalty any action (or inaction) in contempt of the
			 judge’s proper exercise of authority under this Act.

											(2)
											Form of proceeding
											A proceeding under this section may take place—

												(A)
												in person;

												(B)
												at a location agreed to by the parties, in the absence of the alien;

												(C)
												through video conference; or

												(D)
												through telephone conference.

											(3)
											Presence of alien
											If it is impracticable by reason of an alien's mental incompetency for the alien to be present at
			 the proceeding, the Attorney General shall prescribe safeguards to protect
			 the rights and privileges of the alien.

											(4)
											Rights of the alien
											In a proceeding under this section—

												(A)
												the alien shall be given the privilege of being represented, at no expense to the Government, by
			 counsel of the alien’s choosing who is authorized to practice in such
			 proceedings;

												(B)
												the alien shall be given a reasonable opportunity—

													(i)
													to examine the evidence against the alien;

													(ii)
													to present evidence on the alien’s own behalf; and

													(iii)
													to cross-examine witnesses presented by the Government;

												(C)
												the rights set forth in subparagraph (B) shall not entitle the alien—

													(i)
													to examine such national security information as the Government may proffer in opposition to the
			 alien’s admission to the United States; or

													(ii)
													to an application by the alien for discretionary relief under this Act; and

												(D)
												a complete record shall be kept of all testimony and evidence produced at the proceeding.

											(5)
											Withdrawal of application for admission
											In the discretion of the Attorney General, an alien applying for admission to the United States
			 may, and at any time, be permitted to withdraw such application and
			 immediately be returned to the alien’s country of nationality or country
			 of last habitual residence.

											(6)
											Consequences of failure to appear
											Any alien who fails to appear at a proceeding required under this section, shall be ordered removed
			 in absentia if the Government establishes by a preponderance of the
			 evidence that the alien was at fault for their absence from the
			 proceedings.

										(d)
										Decision and burden of proof

											(1)
											Decision

												(A)
												In general
												At the conclusion of a proceeding under this section, the immigration judge shall determine whether
			 an unaccompanied alien child is likely to be—

													(i)
													admissible to the United States; or

													(ii)
													eligible for any form of relief from removal under this Act.

												(B)
												Evidence
												The determination of the immigration judge under subparagraph (A) shall be based only on the
			 evidence produced at the hearing.

											(2)
											Burden of proof

												(A)
												In general
												In a proceeding under this section, an alien who is an applicant for admission has the burden of
			 establishing, by a preponderance of the evidence, that the alien—

													(i)
													is likely to be entitled to be lawfully admitted to the United States or eligible for any form of
			 relief from removal under this Act; or

													(ii)
													is lawfully present in the United States pursuant to a prior admission.

												(B)
												Access to documents
												In meeting the burden of proof under subparagraph (A)(ii), the alien shall be given access to—

													(i)
													the alien’s visa or other entry document, if any; and

													(ii)
													any other records and documents, not considered by the Attorney General to be confidential,
			 pertaining to the alien’s admission or presence in the United States.

										(e)
										Orders

											(1)
											Placement in further proceedings
											If an immigration judge determines that the unaccompanied alien child has met the burden of proof
			 under subsection (d)(2), the judge shall order the alien to be placed in
			 further proceedings in accordance with section 240.

											(2)
											Orders of removal
											If an immigration judge determines that the unaccompanied alien child has not met the burden of
			 proof required under subsection (d)(2), the judge shall order the alien
			 removed from the United States without further hearing or review unless
			 the alien claims—

												(A)
												an intention to apply for asylum under section 208; or

												(B)
												a fear of persecution.

											(3)
											Claims for asylum
											If an unaccompanied alien child described in paragraph (2) claims an intention to apply for asylum
			 under section 208 or a fear of persecution, the judge shall order the
			 alien referred for an interview by an asylum officer under subsection (f).

										(f)
										Asylum interviews

											(1)
											Defined term
											In this subsection, the term credible fear of persecution has the meaning given such term in section 235(b)(1)(B)(v) of the Immigration and Nationality Act
			 (8 U.S.C. 1225(b)(1)(B)(v)).

											(2)
											Conduct by asylum officer
											An asylum officer shall conduct interviews of aliens referred under subsection (e)(3).

											(3)
											Referral of certain aliens
											If the officer determines at the time of the interview that an alien has a credible fear of
			 persecution, the alien shall be held in the custody of the Secretary of
			 Health and Human Services pursuant to section 235(b) of the William
			 Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8
			 U.S.C. 1232(b)) during further consideration of the application for
			 asylum.

											(4)
											Removal without further review if no credible fear of persecution

												(A)
												In general
												Subject to subparagraph (C), if the asylum officer determines that an alien does not have a
			 credible fear of persecution the officer shall order the alien removed
			 from the United States without further hearing or review.

												(B)
												Record of determination
												The officer shall prepare a written record of a determination under subparagraph (A), which shall
			 include—

													(i)
													a summary of the material facts as stated by the applicant;

													(ii)
													such additional facts (if any) relied upon by the officer;

													(iii)
													the officer's analysis of why, in light of such facts, the alien has not established a credible
			 fear of persecution; and

													(iv)
													a copy of the officer’s interview notes.

												(C)
												Review of determination

													(i)
													Rulemaking
													The Attorney General shall establish, by regulation, a process by which an immigration judge will
			 conduct a prompt review, upon the alien’s request, of a determination
			 under subparagraph (A) that the alien does not have a credible fear of
			 persecution.

													(ii)
													Mandatory components
													The review described in clause (i)—

														(I)
														shall include an opportunity for the alien to be heard and questioned by the immigration judge,
			 either in person or by telephonic or video connection; and

														(II)
														shall be conducted—

															(aa)
															as expeditiously as possible;

															(bb)
															within the 24-hour period beginning at the time the asylum officer makes a determination under
			 subparagraph (A), to the maximum extent practicable; and

															(cc)
															in no case later than 7 days after such determination.

											(5)
											Mandatory protective custody
											Any alien subject to the procedures under this subsection shall be held in the custody of the
			 Secretary of Health and Human Services pursuant to section 235(b) of the
			 William Wilberforce Trafficking Victims Protection Reauthorization Act of
			 2008 (8 U.S.C. 1232(b))—

												(A)
												pending a final determination of an asylum application under section 208; or

												(B)
												after a determination that the alien does not have a credible fear of persecution, until the alien
			 is removed.

										(g)
										Limitation on administrative review

											(1)
											In general
											Except as provided in subsection (f)(4)(C) and paragraph (2), a removal order entered in accordance
			 with subsection (e)(2) or (f)(4)(A) is not subject to administrative
			 appeal.

											(2)
											Rulemaking
											The Attorney General shall establish, by regulation, a process for the prompt review of an order
			 under subsection (e)(2) against an alien who claims under oath, or as
			 permitted under penalty of perjury under section 1746 of title 28, United
			 States Code, after having been warned of the penal ties for falsely making
			 such claim under such conditions to have been—

												(A)
												lawfully admitted for permanent residence;

												(B)
												admitted as a refugee under section 207; or

												(C)
												granted asylum under section 208.

										(h)
										Last In, First Out
										In any proceedings, determinations, or removals under this section, priority shall be accorded to
			 the alien who has most recently arrived in the United States.
									.

							(2)
							Clerical amendment
							The table of contents for the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended by
			 inserting after the item relating to section 235A the following:

									Sec. 235B. Humane and expedited inspection and screening for unaccompanied alien children.

								.

						(b)
						Judicial review of orders of removal
						Section 242 of the Immigration and Nationality Act (8 U.S.C. 1252) is amended—

							(1)
							in subsection (a)—

								(A)
								in paragraph (1), by inserting , or an order of removal issued to an unaccompanied alien child after proceedings under section
			 235B after section 235(b)(1); and

								(B)
								in paragraph (2)—

									(i)
									by inserting or section 235B after section 235(b)(1) each place it appears; and

									(ii)
									in subparagraph (A)—

										(I)
										in the subparagraph heading, by inserting or 235B after section 235(b)(1); and

										(II)
										in clause (iii), by striking section 235(b)(1)(B), and inserting section 235(b)(1)(B) or 235B(f);; and

							(2)
							in subsection (e)—

								(A)
								in the subsection heading, by inserting or 235B after section 235(b)(1);

								(B)
								by inserting or section 235B after section 235(b)(1) in each place it appears;

								(C)
								in subparagraph (2)(C), by inserting or section 235B(g) after section 235(b)(1)(C); and

								(D)
								in subparagraph (3)(A), by inserting or section 235B after section 235(b).

					103.
					Due process protections for unaccompanied alien children present in the United States
						(a)
						Filing authorized
						Not later than 60 days after the date of the enactment of this Act, the Secretary of Homeland
			 Security, notwithstanding any other provision of law, shall, at an
			 immigration court designated to conduct proceedings under section 235B of
			 the Immigration and Nationality Act, permit an unaccompanied alien child
			 who was issued a Notice to Appear under section 239 of the Immigration and
			 Nationality Act (8 U.S.C. 1229) during the period beginning on January 1,
			 2013, and ending on the date of the enactment of this Act—

							(1)
							to appear, in-person, before an immigration judge who has been authorized by the Attorney General
			 to conduct proceedings under section 235B of the Immigration and
			 Nationality Act, as added by section 102;

							(2)
							to attest to their desire to apply for admission to the United States; and

							(3)
							to file a motion—

								(A)
								to replace any Notice to Appear issued between January 1, 2013, and the date of the enactment of
			 this Act under section 239 of the Immigration and Nationality Act (8
			 U.S.C. 1229); and

								(B)
								to apply for admission to the United States by being placed in proceedings under section 235B of
			 the Immigration and Nationality Act.

						(b)
						Motion granted
						An immigration judge may, at the sole and unreviewable discretion of the judge, grant a motion
			 filed under subsection (a)(3) upon a finding that—

							(1)
							the petitioner was an unaccompanied alien child (as such term is defined in section 462 of the
			 Homeland Security Act of 2002 (6 U.S.C. 279)) on the date on which a
			 Notice to Appear described in subsection (a) was issued to the alien;

							(2)
							the Notice to Appear was issued during the period beginning on January 1, 2013, and ending on the
			 date of the enactment of this Act;

							(3)
							the unaccompanied alien child is applying for admission to the United States; and

							(4)
							the granting of such motion would not be manifestly unjust.

						(c)
						Effect of motion
						Notwithstanding any other provision of law, upon the granting of a motion to replace under
			 subsection (b), the immigration judge who granted such motion shall—

							(1)
							while the petitioner remains in-person, immediately inspect and screen the petitioner for admission
			 to the United States by conducting a proceeding under section 235B of the
			 Immigration and Nationality Act, as added by section 102;

							(2)
							immediately notify the petitioner of the petitioner’s ability, under section 235B(c)(5) of the
			 Immigration and Nationality Act to withdraw the petitioner’s application
			 for admission to the United States and immediately be returned to the
			 petitioner’s country of nationality or country of last habitual residence;
			 and

							(3)
							replace the petitioner’s notice to appear with an order under section 235B(e) of the Immigration
			 and Nationality Act.

						(d)
						Protective custody
						An unaccompanied alien child who has been granted a motion under subsection (b) shall be held in
			 the custody of the Secretary of Health and Human Services pursuant to
			 section 235 of the William Wilberforce Trafficking Victims Protection
			 Reauthorization Act of 2008 (8 U.S.C. 1232).

					104.
					Emergency immigration judge resources
						(a)
						Designation
						Not later than 14 days after the date of the enactment of this Act, the Attorney General shall
			 designate up to 40 immigration judges, including through the hiring of
			 retired immigration judges, administrative law judges, or magistrate
			 judges, or the reassignment of current immigration judges, that are
			 dedicated to conducting humane and expedited inspection and screening for
			 unaccompanied alien children under section 235B of the Immigration and
			 Nationality Act, as added by section 102. Such designations shall remain
			 in effect solely for the duration of the humanitarian crisis at the
			 southern border (as determined by the Secretary of Homeland Security, in
			 consultation with the Attorney General).

						(b)
						Requirement
						The Attorney General shall ensure that sufficient immigration judge resources are dedicated to the
			 purpose described in subsection (a) to comply with the requirement under
			 section 235B(b)(1) of the Immigration and Nationality Act.

					105.
					Protecting children from human traffickers, sex offenders, and other criminalsSection 235(c)(3) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of
			 2008 (8 U.S.C. 1232(c)(3)) is amended—

						(1)
						in subparagraph (A), by inserting , including a mandatory biometric criminal history check before the period at the end; and

						(2)
						by adding at the end the following—

								(D)
								Prohibition on placement with sex offenders and human traffickers

									(i)
									In general
									The Secretary of Health and Human Services may not place an unaccompanied alien child in the
			 custody of an individual who has been convicted of—

										(I)
										a sex offense (as defined in section 111 of the Sex Offender Registration and Notification Act (42
			 U.S.C. 16911)); or

										(II)
										a crime involving a severe form of trafficking in persons (as defined in section 103 of the
			 Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102)).

									(ii)
									Requirements of criminal background check
									A biometric criminal history check under subparagraph (A) shall be based on a set of fingerprints
			 or other biometric identifiers and conducted through—

										(I)
										the Federal Bureau of Investigation; and

										(II)
										criminal history repositories of all States that the individual lists as current or former
			 residences.
									.

					106.
					Inclusion of additional grounds for per se ineligibility for asylumSection 208(b)(2)(A)(iii) of the Immigration and Nationality Act (8 U.S.C. 1158(b)(2)(A)(iii)) is
			 amended by inserting after a serious nonpolitical crime the following: (including any drug-related offense punishable by a term of imprisonment greater than 1 year).

				II
				Use of National Guard to Improve Border Security

					201.
					National Guard support for border operations
						(a)
						Deployment authority and funding
						Amounts appropriated for the Department of Defense in this Act shall be expended for any units or
			 personnel of the National Guard deployed to perform operations and
			 missions under section 502(f) of title 32, United States Code, on the
			 southern border of the United States.

						(b)
						Assignment of operations and missions

							(1)
							In general
							National Guard units and personnel deployed under subsection (a) may be assigned such operations as
			 may be necessary to provide assistance for operations on the southern
			 border, with priority given to high traffic areas experiencing the highest
			 number of crossings by unaccompanied alien children.

							(2)
							Nature of duty
							The duty of National Guard personnel performing operations and missions on the southern border
			 shall be full-time duty under title 32, United States Code.

						(c)
						Materiel and logistical support
						The Secretary of Defense shall deploy such materiel and equipment and logistical support as may be
			 necessary to ensure success of the operations and missions conducted by
			 the National Guard under this section.

						(d)
						Exclusion from national guard personnel strength limitations
						National Guard personnel deployed under subsection (a) shall not be included in—

							(1)
							the calculation to determine compliance with limits on end strength for National Guard personnel;
			 or

							(2)
							limits on the number of National Guard personnel that may be placed on active duty for operational
			 support under section 115 of title 10, United States Code.

						(e)
						High traffic areas defined
						In this section:

							(1)
							The term high traffic areas means sectors along the northern and southern borders of the United States that are within the
			 responsibility of the Border Patrol that have the most illicit
			 cross-border activity, informed through situational awareness.

							(2)
							The term unaccompanied alien child means a child who—

								(A)
								has no lawful immigration status in the United States;

								(B)
								has not attained 18 years of age; and

								(C)
								with respect to whom—

									(i)
									there is no parent or legal guardian in the United States; or

									(ii)
									no parent or legal guardian in the United States is available to provide care and physical custody.

				III
				National Security and Federal Lands Protection

					301.
					Prohibition on actions that impede border security on certain Federal land
						(a)
						Prohibition on secretaries of the interior and agriculture
						The Secretary of the Interior or the Secretary of Agriculture shall not impede, prohibit, or
			 restrict activities of U.S. Customs and Border Protection on Federal land
			 located within 100 miles of the United States border with Mexico that is
			 under the jurisdiction of the Secretary of the Interior or the Secretary
			 of Agriculture, to execute search and rescue operations, and to prevent
			 all unlawful entries into the United States, including entries by
			 terrorists, other unlawful aliens, instruments of terrorism, narcotics,
			 and other contraband through such international land border of the United
			 States. These authorities of U.S. Customs and Border Protection on such
			 Federal land apply whether or not a state of emergency exists.

						(b)
						Authorized activities of U.S. customs and border protection
						U.S. Customs and Border Protection shall have immediate access to Federal land within 100 miles of
			 the United States border with Mexico that is under the jurisdiction of the
			 Secretary of the Interior or the Secretary of Agriculture for purposes of
			 conducting the following activities on such land that prevent all unlawful
			 entries into the United States, including entries by terrorists, other
			 unlawful aliens, instruments of terrorism, narcotics, and other contraband
			 through such international land border of the United States:

							(1)
							Construction and maintenance of roads.

							(2)
							Construction and maintenance of barriers.

							(3)
							Use of vehicles to patrol, apprehend, or rescue.

							(4)
							Installation, maintenance, and operation of communications and surveillance equipment and sensors.

							(5)
							Deployment of temporary tactical infrastructure.

						(c)
						Clarification relating to waiver authority

							(1)
							In general
							Notwithstanding any other provision of law (including any termination date relating to the waiver
			 referred to in this subsection), the waiver by the Secretary of Homeland
			 Security on April 1, 2008, under section 102(c)(1) of the Illegal
			 Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1103
			 note; Public Law 104–208) of the laws described in paragraph (2) with
			 respect to certain sections of the international border between the United
			 States and Mexico shall be considered to apply to all Federal land under
			 the jurisdiction of the Secretary of the Interior or the Secretary of
			 Agriculture within 100 miles of such international land border of the
			 United States for the activities of U.S. Customs and Border Protection
			 described in subsection (b).

							(2)
							Description of laws waived
							The laws referred to in paragraph (1) are limited to the Wilderness Act (16 U.S.C. 1131 et seq.),
			 the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.),
			 the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), the National
			 Historic Preservation Act (16 U.S.C. 470 et seq.), Public Law 86–523 (16
			 U.S.C. 469 et seq.), the Act of June 8, 1906 (commonly known as the Antiquities Act of 1906; 16 U.S.C. 431 et seq.), the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.), the Federal Land
			 Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), the National
			 Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd et
			 seq.), the Fish and Wildlife Act of 1956 (16 U.S.C. 742a et seq.), the
			 Fish and Wildlife Coordination Act (16 U.S.C. 661 et seq.), subchapter II
			 of chapter 5, and chapter 7, of title 5, United States Code (commonly
			 known as the Administrative Procedure Act), the National Park Service Organic Act (16 U.S.C. 1 et seq.), the General Authorities Act of 1970
			 (Public Law 91–383) (16 U.S.C. 1a–1 et seq.), sections 401(7), 403, and
			 404 of the National Parks and Recreation Act of 1978 (Public Law 95–625,
			 92 Stat. 3467), and the Arizona Desert Wilderness Act of 1990 (16 U.S.C.
			 1132 note; Public Law 101–628).

						(d)
						Protection of legal uses
						This section shall not be construed to provide—

							(1)
							authority to restrict legal uses, such as grazing, hunting, mining, or public-use recreational and
			 backcountry airstrips on land under the jurisdiction of the Secretary of
			 the Interior or the Secretary of Agriculture; or

							(2)
							any additional authority to restrict legal access to such land.

						(e)
						Effect on state and private land
						This Act shall—

							(1)
							have no force or effect on State or private lands; and

							(2)
							not provide authority on or access to State or private lands.

						(f)
						Tribal sovereignty
						Nothing in this section supersedes, replaces, negates, or diminishes treaties or other agreements
			 between the United States and Indian tribes.

					302.
					Sense of Congress on placement of unauthorized aliens at military installations
						(a)
						Sense of Congress
						It is the sense of Congress that—

							(1)
							the Secretary of Defense should not allow the placement of unauthorized aliens at a military
			 installation unless—

								(A)
								the Secretary submits written notice to the congressional defense committees and each Member of
			 Congress representing any jurisdiction in which an affected military
			 installation is situated; and

								(B)
								the Secretary publishes notice in the Federal Register;

							(2)
							the placement of unauthorized aliens at a military institution should not displace active members
			 of the Armed Forces;

							(3)
							the placement of unauthorized aliens at a military institution should not interfere with any
			 mission of the Department of Defense;

							(4)
							the Secretary of Health and Human Services should not use a military installation for the placement
			 of unauthorized aliens unless all other facilities of the Department of
			 Health and Human Services are unavailable;

							(5)
							the Secretary of Health and Human Services should not use a military installation for the placement
			 of unauthorized aliens for more than 120 days;

							(6)
							the Secretary of Health and Human Services should ensure that all unauthorized alien children are
			 vaccinated upon arrival at a military installation as set forth in the
			 guidelines of the Office of Refugee Resettlement;

							(7)
							the Secretary of Health and Human Services should ensure that all individuals under the supervision
			 of the Secretary with access to unauthorized alien children at a military
			 installation are properly cleared according to the procedures set forth in
			 the Victims of Child Abuse Act of 1990 (42 U.S.C. 13001 et seq.);

							(8)
							the Secretary of Health and Human Services should fully comply with the provisions of the Victims
			 of Child Abuse Act of 1990 (42 U.S.C. 13001 et seq.) with respect to
			 background checks and should retain full legal responsibility for such
			 compliance; and

							(9)
							in accordance with section 1535 of title 31, United States Code (commonly referred to as the Economy Act), the Secretary of Health and Human Services should reimburse the Secretary of Defense for all
			 expenses incurred by the Secretary of Defense in carrying out the
			 placement of unauthorized aliens at a military installation.

						(b)
						Definitions
						In this section:

							(1)
							The term congressional defense committees has the meaning given that term in section 101(a)(16) of title 10, United States Code.

							(2)
							The term Member of Congress has the meaning given that term in section 1591(c)(1) of title 10, United States Code.

							(3)
							The term military installation has the meaning given that term in section 2801(c)(4) of title 10, United States Code, but does
			 not include an installation located outside of the United States.

							(4)
							The term placement means the placement of an unauthorized alien in either a detention facility or an alternative to
			 such a facility.

							(5)
							The term unauthorized alien means an alien unlawfully present in the United States, but does not include a dependent of a
			 member of the Armed Forces.

	August 1, 2014Read the second time and placed on the calendar


115 HR 4554 IH: Medicare Common Access Card Act of 2017
U.S. House of Representatives
2017-12-05
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I115th CONGRESS1st SessionH. R. 4554IN THE HOUSE OF REPRESENTATIVESDecember 5, 2017Mr. Roskam (for himself, Mr. Blumenauer, Mr. Shimkus, Mrs. Dingell, Mr. Meehan, Mr. Brendan F. Boyle of Pennsylvania, Mr. Costello of Pennsylvania, Mr. Connolly, Mr. Buchanan, and Mr. Danny K. Davis of Illinois) introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such
			 provisions as fall within the jurisdiction of the committee concernedA BILLTo establish a smart card pilot program to combat fraud, waste, and abuse and to protect
			 beneficiary identity under the Medicare program.

 1.Short titleThis Act may be cited as the Medicare Common Access Card Act of 2017. 2.Medicare smart card pilot programPart E of title XVIII of the Social Security Act is amended by inserting after section 1866E the following new section:

				1866F.Smart card pilot program
					(a)Implementation
 (1)In generalNot later than 36 months after the date of the enactment of this section, the Secretary shall establish a pilot program (in this section referred to as the pilot program) to demonstrate the feasibility of using smart card technology under this title.
 (2)Smart card technology definedIn this section, the term smart card technology means the following: (A)Beneficiary smart cardA machine readable, fraud- and tamper-resistant card (in this section referred to as a smart card) that includes an embedded integrated circuit chip with a secure micro-controller that enables the verification and secure, electronic authentication of the identity of a Medicare beneficiary at the point of service through a combination of the smart card and a personal identification number known by or associated with such beneficiary.
 (B)Card reader technologyInformation technology that enables a supplier and provider to authenticate the identity of a Medicare beneficiary through presentation of such a smart card and such components, with such authentication to be reflected through the use of a modifier or in another appropriate manner, as determined by the Secretary, in the claims adjudication process.
 (3)Program design elementsThe pilot program shall be conducted for a period of 3 years consistent with the following: (A)Selection of areaIn consultation with the Inspector General of the Department of Health and Human Services, the Secretary shall select at least 3 geographic areas in which the pilot program will operate.
 (B)Selection of supplier and provider typesIn consultation with the Inspector General of the Department of Health and Human Services, the Secretary shall select supplier and provider types that will be required to participate in the pilot program (referred to in this section as participating suppliers and providers). In selecting such supplier and provider types, the Secretary shall—
 (i)take into account the risk of fraud, waste, and abuse (as described in section 1886(j)(2)(B) with respect to the category of provider or supplier) and other factors as determined appropriate by the Secretary; and
 (ii)limit the pilot program to no more than 2,000 suppliers and providers. (C)Supplier and provider hardship exemptionsThe Secretary shall exempt from participation in the pilot program a supplier or provider that either—
 (i)does not have access to card reader technology (as described in paragraph (2)(B)); (ii)does not have sufficient internet access; or
 (iii)has a low volume (as determined by the Secretary) of Medicare claims for which payment is made under this title.
 (D)Beneficiary smart card issuanceThe Secretary shall provide for the issuance of beneficiary smart cards described in paragraph (2)(A) to all Medicare beneficiaries residing in a geographic area in which the pilot program is conducted under subparagraph (A). Information that appears on Medicare cards used outside the pilot program may appear on the face of the beneficiary smart card.
 (E)Information on operation of pilot programThe Secretary shall provide participating suppliers and providers and Medicare beneficiaries who are furnished items and services by such suppliers and providers, with information on the operation of the pilot program, including privacy protections described in subparagraph (H).
							(F)Access to services outside the pilot program
 (i)BeneficiariesMedicare beneficiaries who receive beneficiary smart cards may receive items and services care from suppliers and providers not participating in the pilot program.
 (ii)Suppliers and providersSuppliers and providers not participating in the pilot program may submit claims under this title for items and services furnished without use of smart card technology to Medicare beneficiaries who receive beneficiary smart cards.
 (G)Private sector implementationThe Secretary shall select, by using a competitive procurement, a private sector contractor to implement and operate the pilot program.
 (H)Privacy protectionsThe Secretary shall ensure that the pilot program complies with applicable Federal laws, including regulations, concerning individually identifiable health information, including the Privacy Act of 1974 and regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 and such individually identifiable information shall be exempt from disclosure under section 552(b)(3) of title 5, United States Code.
 (I)Mandatory participationSubject to subparagraph (C), in the case of services furnished by a provider or supplier included in a supplier or provider type selected under subparagraph (B) in a geographic area selected under subparagraph (A), payment may only be made under this title for such services during the period of the pilot program if the provider or supplier is participating in the pilot program.
 (4)DefinitionsIn this section: (A)The terms supplier and provider have the meanings given the terms supplier and provider of services in subsections (d) and (u), respectively, of section 1861.
 (B)The term Medicare beneficiary means an individual who is enrolled in the original Medicare fee-for-service program under parts A and B and is not enrolled in an MA plan under part C, an eligible organization under section 1876, or a PACE program under section 1894.
 (C)The term Medicare claim means a claim for an item or service for which payment is made under this title. (b)Reports to Congress (1)In generalThe Secretary shall submit to Congress the following reports:
 (A)Initial design reportNot later than 2 years after the date of the enactment of this section, a report that outlines the plan for implementation of the pilot program.
 (B)Implementation reportAfter implementation of the pilot program, a report on the initial implementation of the pilot program, including parameters for operation of such program.
 (C)Interim performance reportNot later than 2 years after the date the pilot program is implemented, an interim report on the performance of such program.
 (D)Final performance reportNot later than 18 months after the date of the completion of the pilot program, a final report on the performance of such program.
 (2)Contents of certain reportsThe reports under subparagraphs (C) and (D) of paragraph (1) shall include information on the performance of the pilot program in achieving its objectives and such recommendations regarding expanding the duration and scope of such program as the Secretary determines appropriate.
 (c)FundingFor purposes of conducting the pilot program, the Secretary shall provide for the transfer, from the Supplemental Medical Insurance Trust Fund under section 1841, to the Centers for Medicare & Medicaid Program Management Account, of $150,000,000, to be available until expended.
					.


114 HR 10 PCS: SOAR Reauthorization Act
U.S. House of Representatives

text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		II
		Calendar No. 561114th CONGRESS
		2d Session
		H. R. 10
		IN THE SENATE OF THE UNITED STATES
		October 22, 2015ReceivedJuly 13, 2016Read the first timeJuly 14, 2016Read the second time and placed on the calendarAN ACT
		To reauthorize the Scholarships for Opportunity and Results Act, and for other purposes.

		1.Short title; references in Act
 (a)Short TitleThis Act may be cited as the Scholarships for Opportunity and Results Reauthorization Act or the SOAR Reauthorization Act. (b)References in ActWhenever in this Act an amendment is expressed in terms of an amendment to or repeal of a section or other provision, the reference shall be considered to be made to that section or other provision of the Scholarships for Opportunity and Results Act (division C of Public Law 112–10; sec. 38–1853.01 et seq., D.C. Official Code).
			2.Findings; purpose
 (a)FindingsCongress finds the following: (1)Parents are best equipped to make decisions for their children, including the educational setting that will best serve the interests and educational needs of their children.
 (2)In 1995, Congress passed the DC School Reform Act, which granted the District of Columbia the authority to create public charter schools and gave parents greater educational options for their children.
 (3)In 2003, in partnership with the Mayor of the District of Columbia, the chairman of the DC Council Education Committee, and community activists, Congress passed the DC School Choice Incentive Act of 2003 (Public Law 108–199; 118 Stat. 126), to provide opportunity scholarships to parents of students in the District of Columbia to enable them to pursue a high-quality education at a private elementary or secondary school of their choice.
 (4)The DC Opportunity Scholarship Program (DC OSP) was part of a comprehensive three-part funding arrangement that provided additional funds for both the District of Columbia public schools and public charter schools of the District of Columbia. The intent behind the additional resources was to ensure both District of Columbia public and charter schools continued to improve.
 (5)In 2011, Congress enacted the three-part funding arrangement when it reauthorized the DC OSP and passed the Scholarships for Opportunity and Results (SOAR) Act (division C of Public Law 112–10) with bipartisan support.
 (6)While the National Center for Education Statistics indicates that per pupil expenditure for public schools in the District of Columbia is the highest in the United States, performance on the National Assessment of Educational Progress (NAEP) continues to be near the bottom of the country when examining scores in mathematics and reading for fourth and eighth grades. When Congress passed the DC School Choice Incentive Act of 2003, students in the District of Columbia ranked 52 out of 52 States (including the Department of Defense schools). Since that time, the District of Columbia has made significant gains in mathematics and reading. However, students in the District of Columbia still rank in the bottom three States out of 52 States. According to the 2013 fourth grade math NAEP results, 34 percent of students are below basic, 38 percent are at basic, and 28 percent are at proficient or advanced. The 2013 fourth grade reading results found that 50 percent of fourth grade students in the District of Columbia are at or below basic, 27 percent are at basic, and 23 percent are proficient or advanced.
 (7)Since the inception of the DC OSP, there has been strong demand for the program by parents and the citizens of the District of Columbia. In fact, 74 percent of District of Columbia residents support continuing the program (based on the Lester & Associates February 2011 Poll).
 (8)Since the program’s inception, parental satisfaction has remained high. The program has also been found to result in significantly higher graduation rates for those students who have received and used their opportunity scholarships.
 (9)The DC OSP offers low-income families in the District of Columbia important educational alternatives while public schools are improved. The program should continue to be reauthorized as part of a three-part comprehensive funding strategy for the District of Columbia school system providing equal funding for public schools, public charter schools, and opportunity scholarships for students to attend private schools.
 (b)PurposeIt is the purpose of this Act to amend the Scholarships for Opportunity and Results Act to provide low-income parents residing in the District of Columbia with expanded educational opportunities for enrolling their children in other schools in the District of Columbia, and provide resources to support educational reforms for District of Columbia Public Schools and District of Columbia public charter schools.
 3.Prohibiting imposition of limits on types of eligible students participating in the programSection 3004(a) (sec. 38–1853.04(a), D.C. Official Code) is amended by adding at the end the following new paragraph:

				(3)Prohibiting imposition of limits on eligible students participating in the program
 (A)In generalIn carrying out the program under this division, the Secretary may not limit the number of eligible students receiving scholarships under section 3007(a), and may not prevent otherwise eligible students from participating in the program under this Act, on any of the following grounds:
 (i)The type of school the student previously attended. (ii)Whether or not the student previously received a scholarship or participated in the program.
 (iii)Whether or not the student was a member of the control group used by the Institute of Education Sciences to carry out previous evaluations of the program under section 3009.
 (B)Rule of constructionNothing in subparagraph (A) may be construed to waive the requirement under section 3005(b)(1)(B) that the entity carrying out the program under this Act must carry out a random selection process which gives weight to the priorities described in section 3006 if more eligible students seek admission in the program than the program can accommodate..
		4.Requiring eligible entities to utilize internal fiscal and quality controls
 Section 3005(b)(1) (sec. 38–1853.05(b)(1), D.C. Official Code) is amended— (1)by striking and at the end of subparagraph (K); and
 (2)by adding at the end the following new subparagraph:  (M)how the entity will ensure that it utilizes internal fiscal and quality controls; and.
			5.Clarification of priorities for awarding scholarships to determining eligible students
 Section 3006(1) (sec. 38–1853.06(1), D.C. Official Code) is amended— (1)in subparagraph (A), by striking identified for improvement, corrective action, or restructuring under section 1116 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316) and inserting identified as one of the lowest-performing schools under the District of Columbia’s accountability system; and
 (2)in subparagraph (C), by striking the semicolon at the end and inserting the following: , or whether such students have, in the past, attended a private school;. 6.Modification of requirements for participating schools and eligible entities (a)Criminal Background Checks; Compliance With Reporting RequirementsSection 3007(a)(4) (sec. 38–1853.07(a)(4), D.C. Official Code) is amended—
 (1)by striking and at the end of subparagraph (E); (2)by striking the period at the end of subparagraph (F) and inserting a semicolon; and
 (3)by adding at the end the following new subparagraphs:  (G)conducts criminal background checks on school employees who have direct and unsupervised interaction with students; and
 (H)complies with all requests for data and information regarding the reporting requirements described in section 3010..
 (b)AccreditationSection 3007(a) (sec. 38–1853.07(a), D.C. Official Code) is amended— (1)in paragraph (1), by striking paragraphs (2) and (3) and inserting paragraphs (2), (3), and (5); and
 (2)by adding at the end the following new paragraph:  (5)Accreditation requirements (A)In generalNone of the funds provided under this division for opportunity scholarships may be used by an eligible student to enroll in a participating private school unless one of the following applies:
 (i)In the case of a school that, as of the date of enactment of the SOAR Reauthorization Act, is a participating school, the school is provisionally or fully accredited by an accrediting body described in subparagraphs (A) through (G) of section 2202(16) of the District of Columbia School Reform Act of 1995 (sec. 38–1802.02(16)(A–G), D.C. Official Code).
 (ii)In the case of a school that, as of the day before the date of enactment of the SOAR Reauthorization Act, is a participating school but does not meet the requirements of clause (i)—
 (I)not later than 1 year after the date of enactment of such Act, the school is pursuing full accreditation by an accrediting body described in clause (i); and
 (II)not later than 5 years after the date of enactment of such Act, the school meets the requirements of clause (i), except that an eligible entity may extend this deadline for a single 1-year period if the school provides the eligible entity with evidence from such an accrediting body that the school’s application for accreditation is in process and that the school will be awarded accreditation before the end of such period.
 (iii)In the case of a school that, as of the date of enactment of the SOAR Reauthorization Act, is not a participating school, the school meets the requirements of clause (i) or, if it does not meet the requirements of clause (i)—
 (I)at the time the school notifies an eligible entity that it seeks to be a participating school, the school is actively pursuing full accreditation by an accrediting body described in clause (i);
 (II)not later than 5 years after the school notifies an eligible entity that it seeks to be a participating school, the school meets the requirements of clause (i), except that an eligible entity may extend this deadline for a single 1-year period if the school provides the eligible entity with evidence from such an accrediting body that the school’s application for accreditation is in process and that the school will be awarded accreditation before the end of such period; and
 (III)the school meets all of the other requirements for participating schools under this Act. (B)Reports to eligible entityNot later than 5 years after the date of enactment of the SOAR Reauthorization Act, each participating school shall submit to the eligible entity a certification that the school has been fully or provisionally accredited in accordance with subparagraph (A), or has been granted an extension by the eligible entity in accordance with subparagraph (A)(ii)(II).
 (C)Assisting students in enrolling in other schoolsIf a participating school fails to meet the requirements of subparagraph (A), the eligible entity shall assist the parents of the eligible students who attend the school in identifying, applying to, and enrolling in another participating school under this Act.
							.
 (c)Use of Funds for Administrative Expenses and Parental AssistanceSection 3007 (sec. 38–1853.07, D.C. Official Code) is amended— (1)by striking subsections (b) and (c) and inserting the following:

 (b)Administrative Expenses and Parental AssistanceThe Secretary shall make $2,000,000 of the amount provided under the grant each year available to an eligible entity receiving a grant under section 3004(a) to cover the following expenses:
 (1)The administrative expenses of carrying out its program under this Act during the year, including— (A)determining the eligibility of students to participate;
 (B)selecting the eligible students to receive scholarships; (C)determining the amount of the scholarships and issuing the scholarships to eligible students;
 (D)compiling and maintaining financial and programmatic records; and (E)conducting site visits as described in section 3005(b)(1)(l).
 (2)The expenses of educating parents about the entity’s program under this Act, and assisting parents through the application process under this Act, including—

									(A)
 providing information about the program and the participating schools to parents of eligible students;

									(B)
 providing funds to assist parents of students in meeting expenses that might otherwise preclude the participation of eligible students in the program; and

									(C)
 streamlining the application process for parents. ; and (2)by redesignating subsection (d) as subsection (c).
 (d)Clarification of Use of Funds for Student Academic AssistanceSection 3007(c) (sec. 38–1853.07(c), D.C. Official Code), as redesignated by subsection (c)(2), is amended by striking identified for improvement, corrective action, or restructuring under section 1116 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316) and inserting identified as one of the lowest-performing schools under the District of Columbia’s accountability system.
 (e)Permitting Use of Funds Remaining Unobligated From Previous Fiscal YearsSection 3007 (sec. 38–1853.07, D.C. Official Code), as amended by this section, is amended by adding at the end the following new subsection:

 (d)Permitting Use of Funds Remaining Unobligated from Previous Fiscal YearsTo the extent that any funds appropriated for the opportunity scholarship program under this Act for any fiscal year (including a fiscal year occurring prior to the enactment of this subsection) remain unobligated at the end of the fiscal year, the Secretary shall make such funds available during the next fiscal year and (if still unobligated as of the end of that fiscal year) any subsequent fiscal year for scholarships for eligible students, except that an eligible entity may use not more than 5 percent of the funds for administrative expenses, parental assistance, and tutoring, in addition to the amounts appropriated for such purposes under section 3007(b) and (c)..
			7.Program Evaluation
			(a)Revision of Evaluation Procedures and Requirements
 (1)In generalSection 3009(a) (sec. 38–1853.09(a), D.C. Official Code) is amended to read as follows:  (a)In General (1)Duties of the Secretary and the MayorThe Secretary and the Mayor of the District of Columbia shall—
 (A)jointly enter into an agreement with the Institute of Education Sciences of the Department of Education to evaluate annually the opportunity scholarship program under this Act;
 (B)jointly enter into an agreement to monitor and report on the use of funds authorized and appropriated for the District of Columbia Public Schools and the District of Columbia public charter schools under this Act; and
 (C)make the evaluations described in subparagraphs (A) and (B) public in accordance with subsection (c).
 (2)Duties of the SecretaryThe Secretary, through a grant, contract, or cooperative agreement, shall— (A)ensure that the evaluation under paragraph (1)(A)—
 (i)is conducted using an acceptable quasi-experimental research design for determining the effectiveness of the opportunity scholarship program under this Act which does not use a control study group consisting of students who applied for but who did not receive opportunity scholarships; and
 (ii)addresses the issues described in paragraph (4); and (B)disseminate information on the impact of the program—
 (i)in increasing academic achievement and educational attainment of participating eligible students; and
 (ii)on students and schools in the District of Columbia. (3)Duties of the Institute of Education SciencesThe Institute of Education Sciences of the Department of Education shall—
 (A)assess participating eligible students in each of the grades 3 through 8, as well as one of the grades in the high school level, by supervising the administration of the same reading and math assessment used by the District of Columbia Public Schools to comply with section 1111(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b));
 (B)measure the academic achievement of all participating students in the grades described in subparagraph (A); and
 (C)work with the eligible entities to ensure that the parents of each student who receives a scholarship under this Act agree to permit the student to participate in the evaluations and assessments carried out by the Institute under this subsection.
 (4)Issues to be evaluatedThe issues to be evaluated under paragraph (1)(A) shall include the following: (A)A comparison of the academic achievement of participating eligible students in the measurements described in paragraph (3) to the academic achievement of a comparison group of students with similar backgrounds in the District of Columbia Public Schools.
 (B)The success of the program under this Act in expanding choice options for parents of participating eligible students and increasing the satisfaction of such parents and students with their choice.
 (C)The reasons parents of participating eligible students choose for their children to participate in the program, including important characteristics for selecting schools.
 (D)A comparison of the retention rates, high school graduation rates, college enrollment rates, college persistence rates, and college graduation rates of participating eligible students with the rates of students in the comparison group described in subparagraph (A).
 (E)A report on the college enrollment rates, college persistence rates, and college graduation rates of students who participated in the program in 2004, 2005, 2011, 2012, 2013, 2014, and 2015 as the result of winning the Opportunity Scholarship Program lottery as well as the rates of students who entered but did not win such lottery in those years and who, as a result, served as the control group for previous evaluations of the program under this Act. Nothing in this subparagraph may be construed to waive section 3004(a)(3)(A)(iii) with respect to any such student.
 (F)A comparison of the safety of the schools attended by participating eligible students and the schools in the District of Columbia attended by students in the comparison group described in subparagraph (A), based on the perceptions of the students and parents.
 (G)Such other issues with respect to participating eligible students as the Secretary considers appropriate for inclusion in the evaluation, such as the impact of the program on public elementary schools and secondary schools in the District of Columbia.
								(5)Prohibiting disclosure of personal information
 (A)In generalAny disclosure of personally identifiable information shall be in compliance with section 444 of the General Education Provisions Act (commonly known as the Family Educational Rights and Privacy Act of 1974) (20 U.S.C. 1232g).
 (B)Students not attending public schoolsWith respect to any student who is not attending a public elementary school or secondary school, personally identifiable information may not be disclosed outside of the group of individuals carrying out the evaluation for such student or the group of individuals providing information for carrying out the evaluation of such student, other than to the parents of such student..
 (2)Transition from current evaluationThe Secretary of Education shall terminate the current evaluations conducted under section 3009(a) of the Scholarships for Opportunity and Results Act (sec. 38–1853.09, D.C. Official Code), as in effect prior to the date of enactment of this Act, after obtaining data for the 2015–2016 school year, and shall submit the reports required with respect to the evaluations in accordance with section 3009(b) of such Act. Effective with respect to the 2016–2017 school year, the Secretary shall conduct new evaluations in accordance with the provisions of section 3009(a) of such Act as amended by this Act, and as a component of the new evaluations, the Secretary shall continue to monitor and evaluate the students who were evaluated in the most recent evaluation under such section prior to the enactment of this Act, along with their corresponding test scores and other information.
 (b)Duty of Mayor To Ensure Institute Has All Information Necessary To Carry Out EvaluationsSection 3011(a)(1) (sec. 38–1853.11(a)(1), D.C. Official Code) is amended to read as follows:  (1)Information necessary to carry out evaluationsEnsure that all District of Columbia public schools and District of Columbia public charter schools make available to the Institute of Education Sciences of the Department of Education all of the information the Institute requires to carry out the assessments and perform the evaluations required under section 3009(a)..
			8.Funding for District of Columbia Public Schools and Public Charter Schools
 (a)Mandatory withholding of funds for failure To comply with conditionsSection 3011(b) (sec. 38–1853.11(b), D.C. Official Code) is amended to read as follows:  (b)EnforcementIf, after reasonable notice and an opportunity for a hearing, the Secretary determines that the Mayor has failed to comply with any of the requirements of subsection (a), the Secretary may withhold from the Mayor, in whole or in part—
 (1)the funds otherwise authorized to be appropriated under section 3014(a)(2), if the failure to comply relates to the District of Columbia public schools;
 (2)the funds otherwise authorized to be appropriated under section 3014(a)(3), if the failure to comply relates to the District of Columbia public charter schools; or
 (3)the funds otherwise authorized to be appropriated under both section 3014(a)(2) and section 3014(a)(3), if the failure relates to both the District of Columbia public schools and the District of Columbia public charter schools..
 (b)Rules for Use of Funds Provided for Support of Public Charter SchoolsSection 3011 (sec. 38–1853.11, D.C. Official Code) is amended— (1)by redesignating subsection (c) as subsection (d); and
 (2)by inserting after subsection (b) the following new subsection:  (c)Specific Rules Regarding Funds Provided for Support of Public Charter SchoolsThe following rules shall apply with respect to the funds provided under this Act for the support of District of Columbia public charter schools:
 (1)The Secretary shall direct the funds provided for any fiscal year to the Office of the State Superintendent of Education of the District of Columbia (OSSE).
 (2)The OSSE may transfer the funds to subgrantees who are specific District of Columbia public charter schools or networks of such schools or who are District of Columbia-based non-profit organizations with experience in successfully providing support or assistance to District of Columbia public charter schools or networks of schools.
 (3)The funds shall be available to any District of Columbia public charter school in good standing with the District of Columbia Charter School Board (Board), and the OSSE and Board may not restrict the availability of the funds to certain types of schools on the basis of the school’s location, governing body, or any other characteristic..
 9.Revision of current Memorandum of UnderstandingThe Secretary of Education and the Mayor of the District of Columbia shall revise the memorandum of understanding which is in effect under section 3012(d) of the Scholarships for Opportunity and Results Act (sec. 38–1853.12(d), D.C. Official Code) as of the day before the date of the enactment of this Act to address the following:
 (1)The amendments made by this Act. (2)The need to ensure that participating schools under such Act meet fire code standards and maintain certificates of occupancy.
 (3)The need to ensure that District of Columbia public schools and District of Columbia public charter schools meet the requirements under such Act to comply with all reasonable requests for information necessary to carry out the evaluations required under section 3009(a) of such Act.
 10.Extension of authorization of appropriationsSection 3014(a) (sec. 38–1853.14(a), D.C. Official Code) is amended by striking each of the 4 succeeding fiscal years and inserting each of the 9 succeeding fiscal years. 11.Effective dateThe amendments made by this Act shall apply with respect to school year 2016–2017 and each succeeding school year.

	Passed the House of Representatives October 21, 2015.Karen L. Haas,Clerk
	July 14, 2016Read the second time and placed on the calendar


117 S146 IS: Medical Bankruptcy Fairness Act of 2021
U.S. Senate
2021-02-01
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II
117th CONGRESS1st Session
S. 146
IN THE SENATE OF THE UNITED STATES

February 2, 2021
Mr. Whitehouse (for himself, Mr. Brown, Mr. Blumenthal, Ms. Baldwin, and Ms. Warren) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

A BILL
To amend title 11, United States Code, to provide bankruptcy protections for medically distressed debtors, and for other purposes.

1.Short titleThis Act may be cited as the Medical Bankruptcy Fairness Act of 2021. 2.Definitions (a)In generalSection 101 of title 11, United States Code, is amended—
(1)by inserting after paragraph (39A) the following:  (39B)The term medical debt means any debt incurred voluntarily or involuntarily—
(A)as a result of the diagnosis, cure, mitigation, or treatment of injury, deformity, or disease of an individual; or (B)for services performed by a medical professional for the prevention of disease or illness in an individual.
(39C)The term medically distressed debtor means— (A)a debtor who, during the 3-year period preceding the date of the filing of the petition—
(i)incurred or paid aggregate medical debt for the debtor, a dependent of the debtor, or a nondependent parent, grandparent, sibling, child, grandchild, or spouse of the debtor that was not paid by any third-party payor and was greater than the lesser of— (I)10 percent of the adjusted gross income (as such term is defined in section 62 of the Internal Revenue Code of 1986) of the debtor; or
(II)$10,000; (ii)did not receive domestic support obligations, or had a spouse or dependent who did not receive domestic support obligations, of at least $10,000 due to a medical issue of the individual obligated to pay that would cause the obligor to meet the requirements under clause (i) or (iii), if the obligor was a debtor in a case under this title; or
(iii)experienced a change in employment status that resulted in a reduction in wages, salaries, commissions, or work hours or resulted in unemployment due to— (I)an injury, deformity, or disease of the debtor;
(II)care for an injured, deformed, or ill dependent or nondependent parent, grandparent, sibling, child, grandchild, or spouse of the debtor; or (III)the national emergency declared by the President under the National Emergencies Act (50 U.S.C. 1601 et seq.) with respect to the coronavirus disease 2019 (COVID–19) or another emergency declared by a Federal, State, or local official relating to a public health crisis; or
(B)a debtor who is the spouse of a debtor described in subparagraph (A).. (b)Conforming amendmentsSection 104 of title 11, United States Code, is amended—
(1)in subsection (a), in the matter preceding paragraph (1), by inserting 101(39C)(A), after 101(19A),; and (2)in subsection (b), by inserting 101(39C)(A), after 101(19A),.
3.Exemptions
(a)Exempt propertySection 522 of title 11, United States Code, is amended by adding at the end the following:  (r) (1)If a medically distressed debtor exempts property listed in subsection (b)(2), the debtor may, in lieu of the exemption provided under subsection (d)(1), elect to exempt the aggregate interest of the debtor, not to exceed $250,000 in value, in property described in paragraph (3).
(2)If a medically distressed debtor exempts property listed in subsection (b)(3) and the exemption provided under applicable law for the kind of property described in paragraph (3) is for less than $250,000 in value, the debtor may elect to exempt the aggregate interest of the debtor, not to exceed $250,000 in value, in any such property. (3)The property described in this paragraph is—
(A)real property or personal property that the debtor or a dependent of the debtor uses as a residence; (B)a cooperative that owns property that the debtor or a dependent of the debtor uses as a residence; or
(C)a burial plot for the debtor or a dependent of the debtor.. (b)Conforming amendmentsSection 104 of title 11, United States Code, is amended—
(1)in subsection (a), in the matter preceding paragraph (1), by inserting 522(r), after 522(q),; and (2)in subsection (b), by inserting 522(r), after 522(q),.
4.Waiver of administrative requirements
(a)Case under chapter 7Section 707(b) of title 11, United States Code, is amended by adding at the end the following:  (8)Paragraph (2) does not apply in any case in which the debtor is a medically distressed debtor..
(b)Case under chapter 13Section 1325(b)(1) of title 11, United States Code, is amended— (1)in subparagraph (A), by striking or at the end;
(2)in subparagraph (B), by striking the period at the end and inserting ; or; and (3)by adding at the end the following:

(C)the debtor is a medically distressed debtor.. 5.Credit counselingSection 109(h)(4) of title 11, United States Code, is amended by inserting a medically distressed debtor or after apply with respect to.
6.Student loan undue hardshipSection 523(a)(8) of title 11, United States Code, is amended by inserting the debtor is a medically distressed debtor, or before excepting. 7.Attestation by debtorSection 521 of title 11, United States Code, is amended by adding at the end the following:

(k)If the debtor seeks relief as a medically distressed debtor, the debtor shall file a statement of medical expenses relevant to the determination of whether the debtor is a medically distressed debtor, which shall declare under penalty of perjury that such medical expenses were not incurred for the purpose of bringing the debtor within the meaning of the term medically distressed debtor.. 8.Effective date; application of amendments (a)Effective dateExcept as provided in subsection (b), this Act and the amendments made by this Act shall take effect on the date of enactment of this Act.
(b)Application of amendmentsThe amendments made by this Act shall apply only with respect to cases commenced under title 11, United States Code, on or after the date of enactment of this Act.


		II
		110th CONGRESS
		1st Session
		S. 1812
		IN THE SENATE OF THE UNITED STATES

			July 18 (legislative
			 day, July 17), 2007
			Mrs. Clinton (for
			 herself, Mr. Kerry,
			 Mr. Akaka, and Mr. Bayh) introduced the following bill; which was
			 read twice and referred to the Committee
			 on Health, Education, Labor, and Pensions

		A BILL
		To amend the Elementary and Secondary Education Act of
		  1965 to strengthen mentoring programs, and for other purposes.

		1.Short titleThis Act may be cited as the
			 Mentoring America’s Children Act of
			 2007.
		2.Amendments to
			 mentoring programs
			(a)Purpose;
			 definitionsSection 4130(a)
			 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7140(a)) is
			 amended—
				(1)in
			 paragraph (1)—
					(A)in subparagraph
			 (B), by striking achievement of such children and inserting
			 outcomes of such children by improving their school connectedness,
			 decreasing absenteeism, and increasing academic performance;
					(B)in subparagraph
			 (D), by striking and at the end;
					(C)in subparagraph
			 (E), by striking the period at the end and inserting ; and;
			 and
					(D)by adding at the
			 end the following:

							(F)to foster character
				education.
							;

					(2)in paragraph
			 (2)(A), by striking or who lacks strong positive role models and
			 inserting who lacks strong positive role models, is a foster youth, or
			 has 1 or both parents incarcerated;
				(3)in paragraph (2)(B)(iii), by striking
			 a partnership between a local educational agency and a nonprofit,
			 community-based organization and inserting a consortium between
			 1 or more local educational agencies, nonprofit community-based organizations,
			 and other partners, such as corporations, universities, or foster care group
			 homes; and
				(4)in paragraph
			 (2)(C)(iii), by inserting and successful after
			 responsible.
				(b)Grant
			 programSection 4130(b) of the Elementary and Secondary Education
			 Act of 1965 (20 U.S.C. 7140(b)) is amended—
				(1)in paragraph (1),
			 in the matter preceding subparagraph (A), by striking this subpart under
			 section 4003(2) and inserting this section under subsection
			 (d);
				(2)in paragraph
			 (1)(A), by striking (particularly and all that follows through
			 failure) and inserting , particularly children living in
			 rural, suburban, or urban areas facing high rates of crime, gang involvement,
			 drug use, dropouts, or youth suicides,;
				(3)in paragraph
			 (1)(B), by striking clauses (vi) and (viii) and inserting the following:

						(vi)Encourage
				setting goals and planning for the future, including encouragement of
				graduation from secondary school, planning for postsecondary education or
				training, and participating in internships.
						(vii)Discourage
				involvement in
				gangs.
						;
				(4)in paragraph
			 (4)—
					(A)in subparagraph
			 (I), by striking and at the end;
					(B)in subparagraph
			 (J), by striking the period at the end and inserting a semicolon; and
					(C)by adding at the
			 end the following:

							(K)information regarding the staffing plan and
				levels the eligible entity will use to monitor the mentor/mentee match over the
				duration of the match; and
							(L)information
				regarding the eligible entity’s sustainability plan, specifically how the
				eligible entity will meet the required match, which is—
								(i)in
				year 1 of the grant, not less than 10 percent of the amount awarded for that
				year;
								(ii)in year 2 of the
				grant, not less than 25 percent of the amount awarded for that year;
								(iii)in year 3 of the
				grant, not less than 50 percent of the amount awarded for that year; and
								(iv)for an entity
				receiving subsequent funding under paragraph (5)(E), in all 3 years of the
				grant the match shall be not less than 50 percent of the amount awarded for
				that
				year.
								;
					(5)in paragraph
			 (5)—
					(A)by striking
			 subparagraph (B)(i) and inserting the following:

							(i)serves children
				with greatest need living in rural areas, high-crime areas, troubled home
				environments, or communities with a high rate of youth suicide, who attended
				school with violence problems, or who are foster
				children;
							;
					(B)in subparagraph
			 (C)—
						(i)in clause (i), by
			 striking urban and rural and inserting urban, suburban,
			 and rural;
						(ii)in clause
			 (ii)(II), by inserting after organizations, the following:
			 children,; and
						(iii)in clause (iii),
			 by inserting after mentoring program the following: and
			 sustain it for the duration of the grant and beyond; and
						(C)by adding at the
			 end following:

							(E)Subsequent
				grantsIn awarding grants
				under subparagraph (A), the Secretary shall consider entities who have received
				funding in a prior grant cycle for a new grant only if each of the following
				criteria is met:
								(i)Performance during
				the initial grant was satisfactory in terms of program design and numbers of
				children served.
								(ii)The subsequent
				grant will exclusively support expanded service to a new geographic area or
				target population.
								(iii)The eligible
				entity demonstrates that it is able to provide a 50 percent match to Federal
				funds for all 3 years of the new grant.
								(F)Policy on one
				entity having two grants at same timeIn awarding grants under
				subparagraph (A), the Secretary may have in effect a policy under which an
				entity is prohibited from having 2 grants at the same time. However, such a
				policy shall not prohibit an entity from having 2 grants at the same time when
				the periods of the 2 grants overlap by 3 months or
				less.
							.
					(c)Additional
			 provisionsSection 4130 of
			 the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7140) is amended
			 by adding at the end the following:

					(c)Ensuring quality
				grants
						(1)Support for
				granteesIn order to ensure the strongest possible outcomes for
				children mentored through this section, the Secretary shall—
							(A)provide training
				and technical assistance to grant recipients, beginning in year 1 and
				continuing throughout the span of the grant;
							(B)track the
				mentoring practices and outcomes of all grant recipients throughout the 3-year
				span of the grant utilizing a robust online tracking and evaluation system;
				and
							(C)submit an annual
				report to Congress detailing the number of children served by grant recipients
				and the outcomes achieved for those children.
							(2)Research on
				school-based mentoringIn order to ensure that grant recipients
				have access to the most current research-based knowledge about building and
				carrying out strong and effective mentoring programs, the Secretary shall do
				the following:
							(A)Consult with
				leading mentoring organizations and researchers, including the Federal
				Mentoring Council and the National Mentoring Working Group, to determine
				priorities for research on school-based mentoring and appropriate research
				design, with consideration for—
								(i)determining the
				ideal school environments in which school-based mentoring succeeds;
								(ii)identifying
				techniques for matching children with specific characteristics (such as age,
				academic situation, risk factors) with the most appropriate mentoring
				models;
								(iii)determining the
				ideal infrastructure needed to foster the expansion of school-based mentoring
				in a sustainable way; and
								(iv)refining best
				practices, match activities, and a range of mentoring models to lead to the
				best possible outcomes for children.
								(B)Issue grants or
				contracts to high-quality research entities to perform research on the
				priorities identified in subparagraph (A), with the following criteria:
								(i)The proposed
				research design shall meet accepted standards within the academic
				community.
								(ii)All research
				results and findings shall be widely disseminated to existing grantees and to
				the larger mentoring community.
								(C)Issue grants or
				contracts only if amount appropriated for each fiscal year under subsection
				(d)(1) exceeds $50,000,000.
							(d)Authorization of
				appropriations; reservation of certain amounts
						(1)AuthorizationThere
				are authorized to be appropriated to carry out this section $100,000,000 for
				fiscal year 2008 and such sums as may be necessary for each succeeding fiscal
				year.
						(2)ReservationsEach
				fiscal year, the Secretary shall reserve—
							(A)not more than 5
				percent of the amount appropriated for that fiscal year under paragraph (1) for
				expenditure on support for grantees as authorized by subsection (c)(1);
				and
							(B)not more than 10
				percent of the amount appropriated for that fiscal year under paragraph (1) for
				expenditure on research as authorized by subsection
				(c)(2).
							.
			(d)Revisions to
			 other education programs
				(1)Inclusion of
			 mentoring for minority programs
					(A)Section 7121(c)(1)
			 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7441(c)(1)) is
			 amended—
						(i)in
			 subparagraph (E), by inserting , including mentoring, after
			 programs and projects; and
						(ii)in
			 subparagraph (J), by inserting , including mentoring, after
			 programs.
						(B)Section 7205(a)(3)
			 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7515(a)(3)) is
			 amended—
						(i)in
			 subparagraph (H)(ii), by inserting , including mentoring after
			 programs; and
						(ii)in
			 subparagraph (I)(iii), by inserting , mentoring, after
			 counseling.
						(C)Section
			 7304(a)(2)(P) of the Elementary and Secondary Education Act of 1965 (20 U.S.C.
			 7544(a)(2)(P)) is amended by inserting or mentoring programs
			 after program.
					(2)Transition
			 servicesSection 1418(a)(2)(C) of the Elementary and Secondary
			 Education Act of 1965 (20 U.S.C. 6438(a)(2)(C)) is amended—
					(A)in clause (iv), by
			 striking and at the end;
					(B)in clause (v), by
			 striking the period at the end and inserting ; and; and
					(C)by adding at the
			 end the following:

							(vi)youth mentoring
				programs.
							.
					(3)National safe
			 and drug-free schools programsSection 4121(a)(2) of the
			 Elementary and Secondary Education Act of 1965 (20 U.S.C. 7131(a)(2)) is
			 amended—
					(A)in subparagraph
			 (C), by striking and at the end;
					(B)in subparagraph
			 (D), by adding and at the end; and
					(C)by adding at the
			 end the following:

							(E)school and community-based mentoring
				programs;
							.