SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Drug Price Competition Act of
2009''.

SEC. 2. EXCLUSIVITY PERIOD.

    (a) First Applicant.--Section 505(j)(5) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 355(j)(5)) is amended--
            (1) in subparagraph (B)(iv)--
                    (A) in subclause (II), by striking item (bb) and
                inserting the following:
                                            ``(bb) First applicant.--As
                                        used in this subsection, the
                                        term `first applicant' means--

                                                    ``(AA) an applicant
                                                that, on the first day
                                                on which a
                                                substantially complete
                                                application containing
                                                a certification
                                                described in paragraph
                                                (2)(A)(vii)(IV) is
                                                submitted for approval
                                                of a drug, submits a
                                                substantially complete
                                                application that
                                                contains and lawfully
                                                maintains a
                                                certification described
                                                in paragraph
                                                (2)(A)(vii)(IV) for the
                                                drug; or

                                                    ``(BB) an applicant
                                                for the drug not
                                                described in item (AA)
                                                that satisfies the
                                                requirements of
                                                subclause (III).''; and

                    (B) by adding at the end the following:
                                    ``(III) An applicant described in
                                subclause (II)(bb)(BB) shall--
                                            ``(aa) submit and lawfully
                                        maintain a certification
                                        described in paragraph
                                        (2)(A)(vii)(IV) or a statement
                                        described in paragraph
                                        (2)(A)(viii) for each unexpired
                                        patent for which a first
                                        applicant described in item
                                        (AA) had submitted a
                                        certification described in
                                        paragraph (2)(A)(vii)(IV) on
                                        the first day on which a
                                        substantially complete
                                        application containing such a
                                        certification was submitted;
                                            ``(bb) with regard to each
                                        such unexpired patent for which
                                        the applicant submitted a
                                        certification described in
                                        paragraph (2)(A)(vii)(IV), no
                                        action for patent infringement
                                        was brought against the
                                        applicant within the 45-day
                                        period specified in paragraph
                                        (5)(B)(iii), or if an action
                                        was brought within such time
                                        period, the applicant has
                                        obtained the decision of a
                                        court (including a district
                                        court) that the patent is
                                        invalid or not infringed
                                        (including any substantive
                                        determination that there is no
                                        cause of action for patent
                                        infringement or invalidity, and
                                        including a settlement order or
                                        consent decree signed and
                                        entered by the court stating
                                        that the patent is invalid or
                                        not infringed); and
                                            ``(cc) but for the
                                        effective date of approval
                                        provisions in subparagraphs (B)
                                        and (F) and sections 505A and
                                        527, be eligible to receive
                                        immediately effective approval
                                        at a time before any other
                                        applicant has begun commercial
                                        marketing.''; and
            (2) in subparagraph (D)--
                    (A) in clause (i)(IV), by striking ``The first
                applicant'' and inserting ``The first applicant, as
                defined in subparagraph (B)(iv)(II)(bb)(AA),''; and
                    (B) in clause (iii), in the matter preceding
                subclause (I)--
                            (i) by striking ``If all first applicants
                        forfeit the 180-day exclusivity period under
                        clause (ii)''; and
                            (ii) by inserting ``If all first
                        applicants, as defined in subparagraph
                        (B)(iv)(II)(bb)(AA), forfeit the 180-day
                        exclusivity period under clause (ii) at a time
                        at which no applicant has begun commercial
                        marketing''.
    (b) Effective Date and Transitional Provision.--
            (1) Effective date.--The amendments made by subsection (a)
        shall be effective only with respect to an application filed
        under section 505(j) of the Federal Food, Drug, and Cosmetic
        Act (21 U.S.C. 355(j)) to which the amendments made by section
        1102(a) of the Medicare Prescription Drug Improvement and
        Modernization Act of 2003 (Public Law 108-173) apply.
            (2) Transitional provision.--An application filed under
        section 505(j) of the Federal Food, Drug, and Cosmetic Act (21
        U.S.C. 355(j)), to which the 180-day exclusivity period
        described in paragraph (5)(iv) of such section does not apply,
        and that contains a certification under paragraph
        (2)(A)(vii)(IV) of such Act, shall be regarded as a previous
        application containing such a certification within the meaning
        of section 505(j)(5)(B)(iv) of such Act (as in effect before
        the amendments made by Medicare Prescription Drug Improvement
        and Modernization Act of 2003 (Public Law 108-173)) if--
                    (A) no action for infringement of the patent that
                is the subject of such certification was brought
                against the applicant within the 45-day period
                specified in section 505(j)(5)(B)(iii) of the Federal
                Food, Drug, and Cosmetic Act (21 U.S.C.
                355(j)(5)(B)(iii)), or if an action was brought within
                such time period, the applicant has obtained the
                decision of a court (including a district court) that
                the patent is invalid or not infringed (including any
                substantive determination that there is no cause of
                action for patent infringement or invalidity, and
                including a settlement order or consent decree signed
                and entered by the court stating that the patent is
                invalid or not infringed);
                    (B) the application is eligible to receive
                immediately effective approval, but for the effective
                date of approval provisions in sections 505(j)(5)(B)
                (as in effect before the amendment made by Public Law
                108-173), 505(j)(5)(F), 505A, and 527 of the Federal
                Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(5)(B),
                355(j)(5)(F), 355a, 360cc); and
                    (C) no other applicant has begun commercial
                marketing.


SECTION 1. DIRECT SALE OF EXCESS PROPERTY.

    (a) Amendment of Title 18, United States Code.--
            (1) In general.--Chapter 307 of title 18, United States
        Code, is amended by adding at the end the following new
        section:
``Sec. 4130. Direct sale of excess property
    ``Notwithstanding any other law, Federal Prison Industries may sell
on the open market at the best available price such excess or
obsolescent property as Federal Prison Industries deems appropriate,
the proceeds of such sales to be deposited in the Treasury to the
credit of the Prison Industries Fund.''.
            (2) Technical amendment.--The chapter analysis for chapter
        307 of title 18, United States Code, is amended by adding at
        the end the following new item:

``4130. Direct sale of excess property.''.
    (b) Amendment of the Federal Property and Administrative Services
Act.--Section 602 of the Federal Property and Administrative Services
Act of 1949 (40 U.S.C. 474) is amended--
            (1) by striking ``or'' at the end of paragraph (20);
            (2) by striking the period at the end of paragraph (21) and
        inserting ``; or''; and
            (3) by adding after paragraph (21) the following new
        paragraph:
            ``(22) Federal Prison Industries with respect to the
        disposal of property described in section 4130 of title 18,
        United States Code.''.
    (c) Transportation and Importation.--Section 1761(b) of title 18,
United States Code, is amended by inserting ``, nor to property
described in section 4130'' before the period.

SEC. 2. PRISON INDUSTRIES FUND; USE AND SETTLEMENT OF ACCOUNTS.

    Section 4126 of title 18, United States Code, is amended--
            (1) by amending subsection (a) to read as follows:
    ``(a) Federal Prison Industries shall determine the character of
and necessity for its obligations and expenditures, and the manner in
which they shall be incurred, allowed, and paid, subject to laws
specifically applicable to government corporations.'';
            (2) by striking subsections (d) and (e); and
            (3) by redesignating subsection (f) as subsection (d).

SEC. 3. ADMINISTRATION OF FEDERAL PRISON INDUSTRIES.

    Section 4122(a) of title 18, United States Code, is amended to read
as follows:
    ``(a)(1) As authorized by this chapter, Federal Prison Industries
shall determine in what manner and to what extent industrial operations
shall be carried on in Federal penal and correctional institutions for
the production of commodities and services.
    ``(2) Commodities and services produced by Federal Prison
Industries shall be sold at current market prices and shall conform to
design, quality, and testing standards of the Federal Government and
the relevant private industry.''.

SEC. 4. PRODUCTION AND ACQUISITION OF PRISON-MADE PRODUCTS, PROCESSES
              AND SERVICES.

    (a) In General.--Section 4124 of title 18, United States Code, is
amended--
            (1) by striking ``(b) Disputes'' and inserting ``(f)
        Disputes.--Disputes'';
            (2) by striking ``(c) Each'' and inserting ``(g) Reporting
        of Acquisitions.--Each'';
            (3) by striking ``(d) Within'' and inserting ``(h)
        Catalog.--Within''; and
            (4) by striking the heading and subsection (a) and
        inserting the following:
``Sec. 4124. Production and acquisition of prison-made products,
              processes, and services
    ``(a) Relationship Between Federal Prison Industries and Government
Institutions.--The Federal departments and agencies and all other
Government institutions of the United States shall--
            ``(1) purchase from Federal Prison Industries such
        products, processes, or services of the industries authorized
        by this chapter as meet their requirements and may be
        available, except that if Federal Prison Industries and the
        workshops for the blind or other severely handicapped each
        offer competitive services, priority shall be afforded to
        services offered by the workshops; and
            ``(2) provide to Federal Prison Industries the maximum
        practicable opportunity to participate as a subcontractor in
        labor-intensive, light manufacturing segments of contracts
        awarded, consistent with efficient contract performance.
    ``(b) Production of Products, Processes, and Services Otherwise
Produced Offshore.--(1) Notwithstanding any other law and subject to
the limitations stated in this subsection, Federal Prison Industries
may produce or provide for sale on the open market processes, products,
and services that would otherwise be produced by foreign labor at
offshore locations.
    ``(2) Federal Prison Industries may enter into agreements with
private industry in order to carry out this section.
    ``(3) The board of directors of Federal Prison Industries shall
certify that processes, products, or services undertaken under this
section--
            ``(A) are labor-intensive and limited to levels that
        replace goods and services produced by offshore labor; and
            ``(B) do not significantly increase competition with any
        remaining domestic labor or industry.
    ``(c) Recycling of Materials for Sale on the Open Market.--
Notwithstanding any other law, Federal Prison Industries may produce
and provide for sale on the open market recycled materials directly or
in partnership with private sector firms.
    ``(d) Flood or Other Disaster Relief Activities.--Notwithstanding
any other law, Federal Prison Industries may produce or provide goods
and services for sale or donation on the open market to private,
nonprofit organizations chartered by Congress to assist in flood or
other disaster relief programs or activities.
    ``(e) Exemptions From Requirements of Other Laws.--(1)(A) Items
sold on the open market pursuant to the authority granted in this
chapter are exempt from the prohibition against shipment in commerce of
prison-made goods contained in section 1761.
    ``(B) Inmates who work on the production of products or processes
or provide services under this section are exempt from the minimum wage
requirements of the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et
seq.).
    ``(2) Section 4122(b) (4) and (5) do not apply with respect to
production undertaken pursuant to subsection (b) or (c).''.
    (b) Technical Amendment.--The chapter analysis for chapter 307 of
title 18, United States Code, is amended by striking the item relating
to section 4124 and inserting the following:

``4124. Production and acquisition of prison-made products, processes,
                            and services.''.

SEC. 5. PROCUREMENT.

    (a) In General.--Chapter 307 of title 18, United States Code, as
amended by section 1(a), is amended by adding at the end the following
new section:
``Sec. 4131. Procurement
    ``(a) In General.--Funds available to Federal Prison Industries may
be used to enter into contracts directly related to the purchase of
goods for industrial operations authorized under this chapter without
regard to laws governing procurement by Federal agencies.
    ``(b) Rule of Construction.--Nothing in this section shall be
construed to affect any requirement of law to purchase commodities and
services produced or provided by qualified nonprofit agencies for the
blind and other severely handicapped.
    ``(c) Procedures.--The board of directors of Federal Prison
Industries shall establish procedures to ensure that any such
procurements are conducted in a manner that promotes competition
consistent with the needs of the Corporation.''.
    (b) Technical Amendment.--The chapter analysis for chapter 307 of
title 18, United States Code, is amended by adding at the end the
following new item:

``4131. Procurement.''.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Drug Trafficking Vessel Interdiction
Act of 2008''.

                     TITLE I--CRIMINAL PROHIBITION

SEC. 101. FINDINGS AND DECLARATIONS.

    Congress finds and declares that operating or embarking in a
submersible vessel or semi-submersible vessel without nationality and
on an international voyage is a serious international problem,
facilitates transnational crime, including drug trafficking, and
terrorism, and presents a specific threat to the safety of maritime
navigation and the security of the United States.

SEC. 102. OPERATION OF SUBMERSIBLE VESSEL OR SEMI-SUBMERSIBLE VESSEL
              WITHOUT NATIONALITY.

    (a) In General.--Chapter 111 of title 18, United States Code, is
amended by adding at the end the following new section:

``2285. OPERATION OF SUBMERSIBLE VESSEL OR SEMI-SUBMERSIBLE VESSEL
            WITHOUT NATIONALITY.

    ``(a) Offense.--Whoever knowingly operates, or attempts or
conspires to operate, by any means, or embarks in any submersible
vessel or semi-submersible vessel that is without nationality and that
is navigating or has navigated into, through, or from waters beyond the
outer limit of the territorial sea of a single country or a lateral
limit of that country's territorial sea with an adjacent country, with
the intent to evade detection, shall be fined under this title,
imprisoned not more than 15 years, or both.
    ``(b) Evidence of Intent To Evade Detection.--For purposes of
subsection (a), the presence of any of the indicia described in
paragraph (1)(A), (E), (F), or (G), or in paragraph (4), (5), or (6),
of section 70507(b) of title 46 may be considered, in the totality of
the circumstances, to be prima facie evidence of intent to evade
detection.
    ``(c) Extraterritorial Jurisdiction.--There is extraterritorial
Federal jurisdiction over an offense under this section, including an
attempt or conspiracy to commit such an offense.
    ``(d) Claim of Nationality or Registry.--A claim of nationality or
registry under this section includes only--
        ``(1) possession on board the vessel and production of
    documents evidencing the vessel's nationality as provided in
    article 5 of the 1958 Convention on the High Seas;
        ``(2) flying its nation's ensign or flag; or
        ``(3) a verbal claim of nationality or registry by the master
    or individual in charge of the vessel.
    ``(e) Affirmative Defenses.--
        ``(1) In general.--It is an affirmative defense to a
    prosecution for a violation of subsection (a), which the defendant
    has the burden to prove by a preponderance of the evidence, that
    the submersible vessel or semi-submersible vessel involved was, at
    the time of the offense--
            ``(A) a vessel of the United States or lawfully registered
        in a foreign nation as claimed by the master or individual in
        charge of the vessel when requested to make a claim by an
        officer of the United States authorized to enforce applicable
        provisions of United States law;
            ``(B) classed by and designed in accordance with the rules
        of a classification society;
            ``(C) lawfully operated in government-regulated or licensed
        activity, including commerce, research, or exploration; or
            ``(D) equipped with and using an operable automatic
        identification system, vessel monitoring system, or long range
        identification and tracking system.
        ``(2) Production of documents.--The affirmative defenses
    provided by this subsection are proved conclusively by the
    production of--
            ``(A) government documents evidencing the vessel's
        nationality at the time of the offense, as provided in article
        5 of the 1958 Convention on the High Seas;
            ``(B) a certificate of classification issued by the
        vessel's classification society upon completion of relevant
        classification surveys and valid at the time of the offense; or
            ``(C) government documents evidencing licensure,
        regulation, or registration for commerce, research, or
        exploration.
    ``(f) Federal Activities Excepted.--Nothing in this section applies
to lawfully authorized activities carried out by or at the direction of
the United States Government.
    ``(g) Applicability of Other Provisions.--Sections 70504 and 70505
of title 46 apply to offenses under this section in the same manner as
they apply to offenses under section 70503 of such title.
    ``(h) Definitions.--In this section, the terms `submersible
vessel', `semi-submersible vessel', `vessel of the United States', and
`vessel without nationality' have the meaning given those terms in
section 70502 of title 46.''.
    (b) Clerical Amendment.--The chapter analysis for chapter 111 of
title 18, United States Code, is amended by inserting after the item
relating to section 2284 the following:

``2285. Operation of submersible vessel or semi-submersible vessel
          without nationality''.

SEC. 103. SENTENCING GUIDELINES.

    (a) In General.--Pursuant to its authority under section 994(p) of
title 28, United States Code, and in accordance with this section, the
United States Sentencing Commission shall promulgate sentencing
guidelines (including policy statements) or amend existing sentencing
guidelines (including policy statements) to provide adequate penalties
for persons convicted of knowingly operating by any means or embarking
in any submersible vessel or semi-submersible vessel in violation of
section 2285 of title 18, United States Code.
    (b) Requirements.--In carrying out this section, the United States
Sentencing Commission shall--
        (1) ensure that the sentencing guidelines and policy statements
    reflect the serious nature of the offense described in section 2285
    of title 18, United States Code, and the need for deterrence to
    prevent such offenses;
        (2) account for any aggravating or mitigating circumstances
    that might justify exceptions, including--
            (A) the use of a submersible vessel or semi-submersible
        vessel described in section 2285 of title 18, United States
        Code, to facilitate other felonies;
            (B) the repeated use of a submersible vessel or semi-
        submersible vessel described in section 2285 of title 18,
        United States Code, to facilitate other felonies, including
        whether such use is part of an ongoing criminal organization or
        enterprise;
            (C) whether the use of such a vessel involves a pattern of
        continued and flagrant violations of section 2285 of title 18,
        United States Code;
            (D) whether the persons operating or embarking in a
        submersible vessel or semi-submersible vessel willfully caused,
        attempted to cause, or permitted the destruction or damage of
        such vessel or failed to heave to when directed by law
        enforcement officers; and
            (E) circumstances for which the sentencing guidelines (and
        policy statements) provide sentencing enhancements;
        (3) ensure reasonable consistency with other relevant
    directives, other sentencing guidelines and policy statements, and
    statutory provisions;
        (4) make any necessary and conforming changes to the sentencing
    guidelines and policy statements; and
        (5) ensure that the sentencing guidelines and policy statements
    adequately meet the purposes of sentencing set forth in section
    3553(a)(2) of title 18, United States Code.

                      TITLE II--CIVIL PROHIBITION

SEC. 201. OPERATION OF SUBMERSIBLE VESSEL OR SEMI-SUBMERSIBLE VESSEL
              WITHOUT NATIONALITY.

    (a) Finding and declaration.--Section 70501 of title 46, United
States Code, is amended--
        (1) by inserting ``(1)'' after ``that''; and
        (2) by striking ``States.'' and inserting ``States and (2)
    operating or embarking in a submersible vessel or semi-submersible
    vessel without nationality and on an international voyage is a
    serious international problem, facilitates transnational crime,
    including drug trafficking, and terrorism, and presents a specific
    threat to the safety of maritime navigation and the security of the
    United States.''.

SEC. 202. OPERATION PROHIBITED.

    (a) In General.--Chapter 705 of title 46, United States Code, is
amended by adding at the end thereof the following:

``70508. Operation of submersible vessel or semi-submersible vessel
            without nationality

    ``(a) In General.--An individual may not operate by any means or
embark in any submersible vessel or semi-submersible vessel that is
without nationality and that is navigating or has navigated into,
through, or from waters beyond the outer limit of the territorial sea
of a single country or a lateral limit of that country's territorial
sea with an adjacent country, with the intent to evade detection.
    ``(b) Evidence of Intent To Evade Detection.--In any civil
enforcement proceeding for a violation of subsection (a), the presence
of any of the indicia described in paragraph (1)(A), (E), (F), or (G),
or in paragraph (4), (5), or (6), of section 70507(b) may be
considered, in the totality of the circumstances, to be prima facie
evidence of intent to evade detection.
    ``(c) Defenses.--
        ``(1) In general.--It is a defense in any civil enforcement
    proceeding for a violation of subsection (a) that the submersible
    vessel or semi-submersible vessel involved was, at the time of the
    violation--
            ``(A) a vessel of the United States or lawfully registered
        in a foreign nation as claimed by the master or individual in
        charge of the vessel when requested to make a claim by an
        officer of the United States authorized to enforce applicable
        provisions of United States law;
            ``(B) classed by and designed in accordance with the rules
        of a classification society;
            ``(C) lawfully operated in government-regulated or licensed
        activity, including commerce, research, or exploration; or
            ``(D) equipped with and using an operable automatic
        identification system, vessel monitoring system, or long range
        identification and tracking system.
        ``(2) Production of documents.--The defenses provided by this
    subsection are proved conclusively by the production of--
            ``(A) government documents evidencing the vessel's
        nationality at the time of the offense, as provided in article
        5 of the 1958 Convention on the High Seas;
            ``(B) a certificate of classification issued by the
        vessel's classification society upon completion of relevant
        classification surveys and valid at the time of the offense; or
            ``(C) government documents evidencing licensure,
        regulation, or registration for research or exploration.
    ``(d) Civil Penalty.--A person violating this section shall be
liable to the United States for a civil penalty of not more than
$1,000,000.''
    (b) Conforming Amendments.--
        (1) The chapter analysis for chapter 705 of title 46, United
    States Code, is amended by inserting after the item relating to
    section 70507 the following:

``70508. Operation of submersible vessel or semi-submersible vessel
          without nationality''.
        (2) Section 70504(b) of title 46, United States Code, is
    amended by inserting ``or 70508'' after ``70503''.
        (3) Section 70505 of title 46, United States Code, is amended
    by striking ``this title'' and inserting ``this title, or against
    whom a civil enforcement proceeding is brought under section
    70508,''.

SEC. 203. SUBMERSIBLE VESSEL AND SEMI-SUBMERSIBLE VESSEL DEFINED.

    Section 70502 of title 46, United States Code, is amended by adding
at the end thereof the following:
    ``(f) Semi-submersible Vessel; Submersible Vessel.--In this
chapter:
        ``(1) Semi-submersible vessel.--The term `semi-submersible
    vessel' means any watercraft constructed or adapted to be capable
    of operating with most of its hull and bulk under the surface of
    the water, including both manned and unmanned watercraft.
        ``(2) Submersible vessel.--The term `submersible vessel' means
    a vessel that is capable of operating completely below the surface
    of the water, including both manned and unmanned watercraft.''.

                               Speaker of the House of Representatives.

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


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Economic Recovery Through
Responsible Homeownership Act of 2009''.

SEC. 2. REFUNDABLE CREDIT FOR RESIDENCES PURCHASED DURING 2009 OR 2010.

    (a) In General.--Subpart C of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to refundable credits)
is amended by inserting after section 36 the following new section:

``SEC. 36A. GENERAL HOMEBUYER CREDIT FOR RESIDENCES PURCHASED DURING
              2009 OR 2010.

    ``(a) Allowance of Credit.--In the case of an individual who makes
an eligible purchase during the taxable year, there shall be allowed as
a credit against the tax imposed by this subtitle for such taxable year
an amount equal to so much of the purchase price as does not exceed the
applicable amount.
    ``(b) Applicable Amount.--For purposes of subsection (a), the
applicable amount is--
            ``(1) $10,000 in the case of an eligible purchase where the
        down payment is at least 15 percent of the purchase price,
            ``(2) $5,000 in the case of an eligible purchase where the
        down payment is at least 10 percent of the purchase price,
            ``(3) $2,000 in the case of an eligible purchase where the
        down payment is at least 5 percent of the purchase price, and
            ``(4) zero in any other case.
    ``(c) Definitions.--For purposes of this section--
            ``(1) Eligible purchase.--The term `eligible purchase'
        means the purchase of a residence for the taxpayer if--
                    ``(A) such residence is located in the United
                States,
                    ``(B) the construction of such residence began
                before 2009, and
                    ``(C) such purchase is made by the taxpayer during
                2009 or 2010.
            ``(2) Other definitions.--The terms `purchase' and
        `purchase price' have the respective meanings given such terms
        by section 26(c).
    ``(d) Exceptions.--No credit shall be allowed under subsection (a)
to any taxpayer for any taxable year with respect to the purchase of a
residence if--
            ``(1) credit under section 36 (relating to first-time
        homebuyer credit) or 1400C (relating to first-time homebuyer in
        the District of Columbia) is allowed to the taxpayer (or the
        taxpayer's spouse) for such taxable year or any prior taxable
        year,
            ``(2) the residence is financed by the proceeds of a
        qualified mortgage issue the interest on which is exempt from
        tax under section 103,
            ``(3) the taxpayer is a nonresident alien, or
            ``(4) the taxpayer disposes of such residence (or such
        residence ceases to be a residence of the taxpayer (or, if
        married, the taxpayer's spouse)) before the close of such
        taxable year.
    ``(e) Other Rules To Apply.--
            ``(1) Related persons.--Rules similar to the rules of
        section 26(c)(5) shall apply for purposes of this section.
            ``(2) Married individuals filing separate returns, etc.--
        Rules similar to the rules of subparagraphs (B) and (C) of
        section 26(b)(1) shall apply for purposes of this section.
            ``(3) Reporting.--Rules similar to the rules of section
        26(e) shall apply for purposes of this section.
    ``(f) Recapture of Credit.--Rules similar to the rules of section
26(f) shall apply for purposes of this section, except that--
            ``(1) paragraph (1) thereof shall be applied by
        substituting `33\1/3\ percent' for `6\2/3\ percent', and
            ``(2) paragraph (7) thereof shall be applied by
        substituting `3 years' for `15 years'.''.
    (b) Conforming Amendments.--
            (1) Section 26(b)(2) of such Code is amended--
                    (A) in subparagraph (W)--
                            (i) by striking ``homebuyer credit'' and
                        inserting ``first-time homebuyer credit'', and
                            (ii) by striking ``and'',
                    (B) by striking the period at the end of
                subparagraph (X) and inserting ``, and'', and
                    (C) by inserting after subparagraph (X) the
                following new subparagraph:
                    ``(Y) section 36A(f) (relating to recapture of
                general homebuyer credit)''.
            (2) Section 6211(b)(4)(A) of such Code is amended by
        inserting ``36A,'' after ``36,''.
            (3) Section 1324(b)(2) of title 31, United States Code, is
        amended by inserting ``36A,'' after ``36,''.
            (4) The table of sections for subpart C of part IV of
        subchapter A of chapter 1 of such Code is amended by inserting
        after the item relating to section 36 the following new item:

``Sec. 36A. General homebuyer credit for residences purchased during
                            2009 or 2010.''.
    (c) Effective Date.--The amendments made by this section shall
apply to residences purchased after December 31, 2008, in taxable years
ending after such date.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Education Department Civil Rights
Transparency Act''.

SEC. 2. REPORT BY THE SECRETARY OF EDUCATION.

    Section 203(b) of the Department of Education Organization Act (20
U.S.C. 3413(b)) is amended by adding at the end the following:
            ``(3) In addition to the requirements under paragraph (1),
        the report required under such paragraph shall include the
        following:
                    ``(A) A list of each of the following:
                            ``(i) Each educational institution against
                        which the Department has received, in the
                        preceding year, 1 complaint alleging that the
                        institution has violated a Federal civil rights
                        law.
                            ``(ii) Each educational institution against
                        which the Department has received, in the
                        preceding year, more than 1 such complaint.
                            ``(iii) Each educational institution
                        against which the Department has received, in
                        the preceding 5 years, more than 3 such
                        complaints.
                            ``(iv) Each educational institution that,
                        during the preceding year, was under
                        investigation by the Department for such a
                        complaint.
                            ``(v) Each educational institution against
                        which the Department has received, in the
                        preceding year, such a complaint for which the
                        Department has not commenced an investigation,
                        and which the Department has not dismissed.
                            ``(vi) Each educational institution against
                        which the Department has received, in the
                        preceding year, such a complaint for which the
                        Department has dismissed without commencing an
                        investigation.
                    ``(B) The list of educational institutions
                described in subparagraph (A) shall be disaggregated
                by--
                            ``(i) each Federal civil rights law that
                        the complaint alleges has been violated by each
                        such institution;
                            ``(ii) type of educational institution; and
                            ``(iii) whether the complaint filed against
                        each such institution was processed by the
                        Department as a systemic or as a class-action
                        complaint.
                    ``(C) The list of educational institutions under
                subparagraph (A) shall include--
                            ``(i) the date on which the complaint was
                        filed against each such institution; and
                            ``(ii) the status of the complaint.
                    ``(D) In addition to the requirements of
                subparagraphs (B) and (C), the list of institutions
                described in subparagraph (A)(vi) shall include--
                            ``(i) the procedural or administrative
                        reason for which the complaint was dismissed,
                        including--
                                    ``(I) whether the complaint failed
                                to allege--
                                            ``(aa) a violation of
                                        Federal law for which the
                                        Department has administrative
                                        responsibility or subject
                                        matter jurisdiction; or
                                            ``(bb) a violation against
                                        an educational institution for
                                        which the Department has
                                        administrative responsibility
                                        or personal jurisdiction; and
                                    ``(II) whether the complainant
                                failed to submit a consent form; and
                                    ``(III) whether the Department
                                offered the complainant an opportunity
                                to correct the procedural or
                                administrative error prior to
                                dismissing the complaint.
                    ``(E) Any resolution agreement or letter between
                the Department and an educational institution against
                which a complaint described in paragraph (1) has been
                filed, which settled the Department's investigation of
                such complaint.
                    ``(F) Any corrective action levied or remedy
                obtained for the preceding year against an educational
                institution for a violation of Federal civil rights law
                pursuant to a resolution agreement or letter, or other
                findings document, the status of such corrective
                actions, and whether the Department is considering
                extending such corrective actions.
                    ``(G) With respect to each complaint described in
                subparagraph (A)(vi) which the Department dismissed
                because the Department lacks the administrative
                responsibility, or subject matter or personal
                jurisdiction, for the Federal law that the complaint
                alleges to have been violated or the educational
                institution against which the complaint was filed--
                            ``(i) a list of each such educational
                        institution and each such Federal law; and
                            ``(ii) recommendations on whether Federal
                        legislation is necessary for the Department to
                        address the complaints described in this
                        paragraph.
                    ``(H) With respect to each educational institution
                against which a complaint described in subparagraph (A)
                has been filed that the Department investigated and
                found insufficient evidence to support a finding of a
                Federal civil rights law violation, a report explaining
                the basis for such decision.
                    ``(I) With respect to each educational institution
                that has had a resolution agreement or corrective
                action that the Department has determined does not need
                to be extended, a report on the basis for the decision
                and how such institution improved with respect to
                compliance with Federal civil rights laws.
                    ``(J) In a case in which a decision by the
                Department to not pursue a complaint or investigation
                relating to an alleged violation of a Federal civil
                rights law was due to the resource constraints of the
                Department for the preceding year, a description of
                which resources the Department needs to fully and
                expeditiously investigate each such complaint received
                by the Department.
                    ``(K) Any changes made, in the preceding year, to
                the case processing manual of the Office for Civil
                Rights of the Department.
            ``(4) In paragraph (4):
                    ``(A) Complaint.--
                            ``(i) In general.--The term `complaint'
                        means a written statement to the Department
                        alleging that the rights of one or more persons
                        have been violated and requesting that the
                        Department take action.
                            ``(ii) Exclusions.--The term `complaint'
                        does not include oral allegations that are not
                        reduced to writing, anonymous correspondence,
                        courtesy copies of correspondence or a
                        complaint filed with or otherwise submitted to
                        another person or other entity, or inquiries
                        that seek advice or information but do not seek
                        action or intervention from the Department.
                    ``(B) Educational institution.--The term
                `educational institution' has the meaning given the
                term in section 901(c) of the Education Amendments of
                1972 (20 U.S.C. 1681(c)).
                    ``(C) Federal civil rights law.--The term `Federal
                civil rights law' includes--
                            ``(i) title IX of the Education Amendments
                        of 1972 (20 U.S.C. 1681 et seq.);
                            ``(ii) the Civil Rights Act of 1964 (42
                        U.S.C. 2000a et seq.);
                            ``(iii) the Age Discrimination Act of 1975
                        (42 U.S.C. 6101 et seq.);
                            ``(iv) the Americans with Disabilities Act
                        of 1990 (42 U.S.C. 12101 et seq.);
                            ``(v) the Boy Scouts of America Equal
                        Access Act (20 U.S.C. 7905);
                            ``(vi) the Rehabilitation Act of 1973 (29
                        U.S.C. 701 et seq.); and
                            ``(vii) any other law for which the Office
                        for Civil Rights of the Department of Education
                        has administrative responsibility.''.

SEC. 3. SENSE OF CONGRESS.

    It is the sense of Congress that the Secretary of Education should
protect any personally identifying information of an individual named
in a complaint or other document, which may be subject to public
release under paragraph (3) of section 203(b) of the Department of
Education Organization Act (20 U.S.C. 3413(b)), as added by this Act.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Education and Training for Health
Act of 2017'' or the ``EAT for Health Act of 2017''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) According to 2013 national health expenditure data,
        United States health care spending increased 3.6 percent to
        reach $2.9 trillion, or $9,255 per person, and accounted for
        17.4 percent of Gross Domestic Product (GDP).
            (2) According to the Institute of Medicine, in 2012
        estimates of health care costs attributed over 75 percent of
        national health expenditures to treatment for chronic diseases.
            (3) A March 2003 report from the World Health Organization
        concluded diet was a major cause of chronic diseases.
            (4) Seven out of 10 deaths among people in the United
        States each year are from chronic diseases such as
        cardiovascular disease, obesity, diabetes, and cancer.
            (5) According to the Centers for Disease Control and
        Prevention, in 2013 heart disease was the leading cause of
        death for American adults. Approximately 600,000 American
        adults die each year from cardiovascular disease. Coronary
        heart disease alone costs American taxpayers $108.9 billion
        each year.
            (6) Research has shown that following a healthful diet can
        not only reduce symptoms related to cardiovascular disease but
        can also actually reverse damage done to the arteries.
            (7) According to the Journal of the American Medical
        Association, two-thirds of adults in the United States are
        currently overweight, and half of those overweight individuals
        are obese. One in three children are overweight, and one-fifth
        of children are obese. The United States spends about $147 to
        $210 billion a year on obesity related diseases, including type
        2 diabetes, hypertension, heart disease, and arthritis.
            (8) An estimated 29.1 million people in the United States
        have diabetes. Another 86 million American adults have
        prediabetes. The Centers for Disease Control and Prevention
        predicts that one in three children born in 2000 will develop
        diabetes at some point in their lives. Total estimated costs of
        diagnosed diabetes have increased 41 percent, to $245 billion
        in 2012 from $174 billion in 2007.
            (9) According to the American Cancer Society, there will be
        an estimated 1,658,370 new cancer cases diagnosed and 589,430
        cancer deaths in the United States in 2015. That is equivalent
        to about 1,620 deaths per day and accounts for nearly 1 of
        every 4 deaths. The Agency for Healthcare Research and Quality
        (AHRQ) estimates that the direct medical costs for cancer in
        the United States in 2011 were $88.7 billion.
            (10) According to the Journal of the American College of
        Nutrition, in 2008 physicians felt inadequately trained to
        provide proper nutrition advice. Ninety-four percent felt
        nutrition counseling should be included during primary care
        visits, but only 14 percent felt adequately trained to provide
        such counseling.
            (11) A 1985 National Academy of Sciences report recommended
        that all medical schools require at least 25 contact hours of
        nutrition education. According to a 2009 national survey of
        medical colleges published in Academic Medicine, only 38
        percent of medical schools met these minimum standards by
        requiring 25 hours of nutrition education as part of their
        general curricula in 2004. By 2010, that number had shrunk to
        27 percent. In addition, 30 percent of United States medical
        schools required a dedicated nutrition course in 2004. Most
        recently, only 25 percent of such schools required such a
        course in 2010.
            (12) According to the Journal of Nutrition in Clinical
        Practice in 2010, more than half of graduating medical students
        felt their nutrition education was insufficient.
            (13) Recognizing the importance of nutrition, Healthy
        People 2020--the Federal Government's framework for a healthier
        Nation--includes a goal (NWS-6) to increase the proportion of
        physician office visits that include counseling or education
        related to nutrition or weight. According to Healthy People
        2020, only 13.8 percent of physician office visits included
        counseling about nutrition or diet (2010 latest year
        available).
            (14) According to Mission: Readiness, one in four Americans
        cannot serve in the military due to weight. For those serving,
        the military discharged 4,300 active-duty personnel due to
        weight problems in 2012.
            (15) According to the Journal of American Health Promotion,
        the military spends well over $1 billion a year to treat
        weight-related health problems such as heart disease and
        diabetes through its TRICARE health insurance for active duty
        personnel, reservists, retirees and their families.
            (16) According to the Centers for Disease Control and
        Prevention, American Indian or Alaska Native adults are 60
        percent more likely to be obese and over twice as likely as to
        have diabetes compared to White adults.
            (17) According to the Centers for Disease Control and
        Prevention, American Indian or Alaska Native adults have the
        highest rate of diabetes among all minority groups at 15.9
        percent.

SEC. 3. DEPARTMENT OF HEALTH AND HUMAN SERVICES GUIDELINES, AND FEDERAL
              AGENCIES ANNUAL REPORTS, RELATING TO CERTAIN PRIMARY CARE
              FEDERAL HEALTH PROFESSIONALS COMPLETING CONTINUING
              MEDICAL EDUCATION ON NUTRITION.

    (a) Guidelines.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Health and Human Services shall
issue guidelines to Federal agencies for developing procedures and
requirements to ensure that every primary care health professional
employed full-time for such agencies have continuing education courses
relating to nutrition (as described in subsection (c)).
    (b) Biannual Reports.--Not later than 18 months after the date of
the enactment of this Act and each subsequent year, the head of each
Federal agency that employs full-time primary care health professionals
shall submit to Congress a report attesting, in a form and manner
specified by the Secretary of Health and Human Services, to the extent
to which the agency has adopted and encouraged the guidelines issued
under subsection (a) with respect to such professionals employed by
such agency during any portion of the previous year. If the agency,
with respect to such previous year, did not fully adopt and encourage
such guidelines with respect to such professionals, the head of the
agency shall include in the report for the year the percentage of such
professionals employed by such agency to furnish primary care services
who completed continuing education courses relating to nutrition (as
described in subsection (c)).
    (c) Continuing Education Relating to Nutrition.--For purposes of
subsections (a) and (b), continuing education courses relating to
nutrition shall include at least content on the role of nutrition in
the prevention, management, and, as possible, reversal of obesity,
cardiovascular disease, diabetes, or cancer.
    (d) Definitions.--For purposes of this Act:
            (1) Continuing education.--The term ``continuing
        education'' is defined as courses that meet requirements for
        Continuing Medical Education (CME) or Continuing Education (CE)
        by medical or nurse practitioner professional organizations or
        certified accrediting bodies.
            (2) Nurse practitioner.--The term ``nurse practitioner''
        has the meaning given such term in section 1861(aa)(5) of the
        Social Security Act (42 U.S.C. 1395x(aa)(5)).
            (3) Physician.--The term ``physician'' has the meaning
        given such term in section 1861(r)(1) of the Social Security
        Act (42 U.S.C. 1395x(r)(1)).
            (4) Primary care health professional.--The term ``primary
        care health professional'' means a physician or nurse
        practitioner who furnishes primary care services.
            (5) Primary care services.--The term ``primary care
        services'' has the meaning given such term in section
        1842(i)(4) of the Social Security Act (42 U.S.C. 1395u(i)(4)),
        but shall include such services furnished by a nurse
        practitioner as would otherwise be included if furnished by a
        physician.


SECTION 1. SHORT TITLE.

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

SEC. 2. DESIGNATION OF EDUCATIONAL EMPOWERMENT ZONES.

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

             ``Subchapter X--Educational Empowerment Zones

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

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

    ``(a) Designation.--
            ``(1) Educational empowerment zone.--For purposes of this
        title, the term `educational empowerment zone' means any area--
                    ``(A) which is nominated by one or more local
                governments and the State or States in which it is
                located for designation as an educational empowerment
                zone (hereinafter in this section referred to as a
                `nominated area'), and
                    ``(B) which the Secretary of Health and Human
                Services and the Secretary of Education (hereinafter in
                this section referred to as the `Secretaries
                concerned') jointly designate as an educational
                empowerment zone.
            ``(2) Number of designations.--The Secretaries concerned
        may designate not more than 30 nominated areas as educational
        empowerment zones.
            ``(3) Areas designated based on degree of poverty, etc.--
        Except as otherwise provided in this section, the nominated
        areas designated as educational empowerment zones under this
        subsection shall be those nominated areas with the highest
        average ranking with respect to the criteria described in
        subsection (c)(3). For purposes of the preceding sentence, an
        area shall be ranked within each such criterion on the basis of
        the amount by which the area exceeds such criterion, with the
        area which exceeds such criterion by the greatest amount given
        the highest ranking.
            ``(4) Limitation on designations.--
                    ``(A) Publication of regulations.--The Secretaries
                concerned shall prescribe by regulation no later than 4
                months after the date of the enactment of this
                section--
                            ``(i) the procedures for nominating an area
                        under paragraph (1)(A),
                            ``(ii) the parameters relating to the size
                        and population characteristics of an
                        educational empowerment zone, and
                            ``(iii) the manner in which nominated areas
                        will be evaluated based on the criteria
                        specified in subsection (c).
                    ``(B) Time limitations.--The Secretaries concerned
                may designate nominated areas as educational
                empowerment zones only during the 24-month period
                beginning on the first day of the first month following
                the month in which the regulations described in
                subparagraph (A) are prescribed.
                    ``(C) Procedural rules.--The Secretaries concerned
                shall not make any designation of a nominated area as
                an educational empowerment zone under paragraph (2)
                unless--
                            ``(i) a nomination regarding such area is
                        submitted in such a manner and in such form,
                        and contains such information, as the
                        Secretaries concerned shall by regulation
                        prescribe, and
                            ``(ii) the Secretaries concerned determine
                        that any information furnished is reasonably
                        accurate.
            ``(5) Nomination process for indian reservations.--For
        purposes of this subchapter, in the case of a nominated area on
        an Indian reservation, the reservation governing body (as
        determined by the Secretary of the Interior) shall be treated
        as being both the State and local governments with respect to
        such area.
    ``(b) Period for Which Designation Is in Effect.--Any designation
of an area as an educational empowerment zone shall remain in effect
during the period beginning on the date of the designation and ending
on the earliest of--
            ``(1) December 31, 2005,
            ``(2) the termination date designated by the State and
        local governments in their nomination, or
            ``(3) the date the Secretaries concerned revoke such
        designation.
    ``(c) Area and Eligibility Requirements.--
            ``(1) In general.--The Secretary of Commerce may designate
        a nominated area as an educational empowerment zone under
        subsection (a) only if the area meets the requirements of
        paragraphs (2) and (3) of this subsection.
            ``(2) Area requirements.--For purposes of paragraph (1), a
        nominated area meets the requirements of this paragraph if--
                    ``(A) the area is within the jurisdiction of one or
                more local governments,
                            ``(B) the boundary of the area is
                        continuous, and
                            ``(C) the area does not include an
                        empowerment zone (as defined in section
                        1393(b)) other than such a zone designated
                        under section 1391(g).
            ``(3) Eligibility requirements.--For purposes of paragraph
        (1), a nominated area meets the requirements of this paragraph
        if the State and the local governments in which it is located
        certify that the nominated area satisfies such conditions as
        the Secretary of Education deems appropriate.
            ``(4) Consideration of dropout rate, etc.--The Secretary of
        Education, in setting forth the conditions for eligibility
        pursuant to paragraph (3), shall take into account the extent
        to which an area has low-income families, a high dropout rate,
        a high rate of teen pregnancy, and large school class sizes.
    ``(d) Coordination With Treatment of Enterprise Communities.--For
purposes of this title, if there are in effect with respect to the same
area both--
            ``(1) a designation as an educational empowerment zone, and
            ``(2) a designation as an enterprise community,
both of such designations shall be given full effect with respect to
such area.
    ``(e) Definitions and Special Rules.--For purposes of this
subchapter, rules similar to the rules of paragraphs (2), (3), (5), and
(7) of section 1393 shall apply.''.
    (b) Clerical Amendment.--The table of subchapters for chapter 1 is
amended by adding at the end the following new item:

                              ``Subchapter X. Educational Empowerment
                                        Zones.''

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

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

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

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

                              ``Sec. 30B. Contributions to school
                                        districts in educational
                                        empowerment zones.''
    (c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2000.

SEC. 4. TEACHER LOAN FORGIVENESS PROGRAM.

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

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

    ``(a) Purpose.--It is the purpose of this section to encourage more
individuals to enter and stay in the field of teaching mathematics,
science, and related fields.
    ``(b) Program.--
            ``(1) In general.--The Secretary shall carry out a program
        of assuming the obligation to repay, pursuant to subsection
        (c), a loan made, insured, or guaranteed under this part or
        part D (excluding loans made under sections 428B and 428C or
        comparable loans made under part D) for any new borrower after
        October 1, 1998, who--
                    ``(A) has been employed as a full-time teacher for
                3 consecutive complete school years in a school that is
                located in an educational empowerment zone, as such
                term is defined in section 1400E of the Internal
                Revenue Code of 1986;
                    ``(B) is a fully qualified teacher; and
                    ``(C) is not in default on a loan for which the
                borrower seeks forgiveness.
            ``(2) Award basis; priority.--
                    ``(A) Award basis.--Subject to subparagraph (B),
                loan repayment under this section shall be on a first-
                come, first-served basis and subject to the
                availability of appropriations.
                    ``(B) Priority.--The Secretary shall give priority
                in providing loan repayment under this section for a
                fiscal year to student borrowers who received loan
                repayment under this section for the preceding fiscal
                year.
            ``(3) Regulations.--The Secretary is authorized to
        prescribe such regulations as may be necessary to carry out the
        provisions of this section.
    ``(c) Loan Repayment.--
            ``(1) Eligible amount.--The amount the Secretary may repay
        on behalf of any individual under this section shall not
        exceed--
                    ``(A) 80 percent of the sum of the principal
                amounts outstanding of the individual's qualifying
                loans at the end of 3 consecutive complete school years
                of service described in subsection (b)(1)(A);
                    ``(B) an additional 10 percent of such sum at the
                end of each of the next 2 consecutive complete school
                years of such service; and
                    ``(C) a total of more than $10,000.
            ``(2) Construction.--Nothing in this section shall be
        construed to authorize the refunding of any repayment of a loan
        made under this part or part D.
            ``(3) Interest.--If a portion of a loan is repaid by the
        Secretary under this section for any year, the proportionate
        amount of interest on such loan which accrues for such year
        shall be repaid by the Secretary.
            ``(4) Double benefits prohibited.--No borrower may, for the
        same service, receive a benefit under both this section and
        subtitle D of title I of the National and Community Service Act
        of 1990 (42 U.S.C. 12601 et seq.). No borrower may receive a
        reduction of loan obligations under both this section and
        section 428J or 460.
    ``(d) Repayment to Eligible Lenders.--The Secretary shall pay to
each eligible lender or holder for each fiscal year an amount equal to
the aggregate amount of loans which are subject to repayment pursuant
to this section for such year.
    ``(e) Application for Repayment.--
            ``(1) In general.--Each eligible individual desiring loan
        repayment under this section shall submit a complete and
        accurate application to the Secretary at such time, in such
        manner, and containing such information as the Secretary may
        require.
            ``(2) Conditions.--An eligible individual may apply for
        loan repayment under this section after completing the required
        number of years of qualifying employment.
            ``(3) Fully qualified teachers.--An application for loan
        repayment under this section shall include such information as
        is necessary to demonstrate that the applicant--
                    ``(A) if teaching in a public elementary or
                secondary school (other than as a teacher in a public
                charter school), has obtained State certification as a
                teacher (including certification obtained through
                alternative routes to certification) or passed the
                State teacher licensing exam and holds a license to
                teach in such State; and
                    ``(B) if teaching in--
                            ``(i) an elementary school, holds a
                        bachelor's degree and demonstrates knowledge
                        and teaching skills in reading, writing,
                        mathematics, science, and other areas of the
                        elementary school curriculum; or
                            ``(ii) a middle or secondary school, holds
                        a bachelor's degree and demonstrates a high
                        level of competency in all subject areas in
                        which he or she teaches through--
                                    ``(I) a high level of performance
                                on a rigorous State or local academic
                                subject areas test; or
                                    ``(II) completion of an academic
                                major in each of the subject areas in
                                which he or she provides instruction.
    ``(f) Evaluation.--
            ``(1) In general.--The Secretary shall conduct, by grant or
        contract, an independent national evaluation of the impact of
        the program assisted under this section.
            ``(2) Competitive basis.--The grant or contract described
        in subsection (b) shall be awarded on a competitive basis.
            ``(3) Contents.--The evaluation described in this
        subsection shall--
                    ``(A) determine the number of individuals who were
                encouraged by the program assisted under this section
                to pursue teaching careers;
                    ``(B) determine the number of individuals who
                remain employed in teaching mathematics, science, or
                related fields as a result of participation in the
                program;
                    ``(C) identify the barriers to the effectiveness of
                the program;
                    ``(D) assess the cost-effectiveness of the program;
                and
                    ``(E) identify the number of years each individual
                participates in the program.
            ``(4) Interim and final evaluation reports.--The Secretary
        shall prepare and submit to the President and the Congress such
        interim reports regarding the evaluation described in this
        subsection as the Secretary deems appropriate, and shall
        prepare and so submit a final report regarding the evaluation
        by January 1, 2004.''.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Eleanor Smith Inclusive Home Design
Act of 2013''.

SEC. 2. DEFINITIONS.

    As used in this Act:
            (1) Covered dwelling unit.--The term ``covered dwelling
        unit'' means a dwelling unit that--
                    (A) is a detached single family house, a townhouse
                or multi-level dwelling unit (whether detached or
                attached to other units or structures), or a ground-
                floor unit in a building of three or fewer dwelling
                units;
                    (B) is designed as, or intended for occupancy as, a
                residence;
                    (C) was designed, constructed, or commissioned,
                contracted or otherwise arranged for construction, by
                any person or entity who, at any time before the design
                or construction, received or was guaranteed Federal
                financial assistance for any program or activity; and
                    (D) is made available for first occupancy after the
                expiration of the one-year period beginning on the date
                of the enactment of this Act.
            (2) Federal financial assistance.--The term ``Federal
        financial assistance'' means--
                    (A) any assistance that is provided or otherwise
                made available by the Secretary of Housing and Urban
                Development or the Secretary of Veterans Affairs, or
                any program or activity or such agencies, through any
                grant, loan, contract, or any other arrangement, after
                the expiration of the one-year period beginning on the
                date of the enactment of this Act, including--
                            (i) grants, subsidies, or any other funds;
                            (ii) services of Federal personnel;
                            (iii) real or personal property or any
                        interest in or use of such property,
                        including--
                                    (I) transfers or leases of the
                                property for less than the fair market
                                value or for reduced consideration; and
                                    (II) proceeds from a subsequent
                                transfer or lease of the property if
                                the Federal share of its fair market
                                value is not returned to the Federal
                                Government;
                            (iv) any tax credit, mortgage or loan
                        guarantee or insurance; and
                            (v) community development funds in the form
                        of obligations guaranteed under section 108 of
                        the Housing and Community Development Act of
                        1974 (42 U.S.C. 5308); or
                    (B) any assistance that is provided or otherwise
                made available by the Secretary of Agriculture under
                title V of the Housing Act of 1949 (42 U.S.C. 1471 et
                seq.).
            (3) Person or entity.--The term ``person or entity''
        includes one or more individuals, corporations (including not-
        for-profit corporations), partnerships, associations, labor
        organizations, legal representatives, mutual corporations,
        joint-stock companies, trusts, unincorporated associations,
        trustees, trustees in cases under title 11 of the United States
        Code, receivers, and fiduciaries.

SEC. 3. VISITABILITY REQUIREMENT.

    It shall be unlawful for any person referred to in section 2(1)(C)
with respect to a covered dwelling unit to fail to ensure that such
dwelling unit contains at least one level that complies with the
Standards for Type C (Visitable) Units of the American National
Standards Institute (ANSI) Standards for Accessible and Usable
Buildings and Facilities (1005-ICC ANSI A117.1-2009) and any future
revisions thereto.

SEC. 4. ENFORCEMENT.

    (a) Requirement for Federal Financial Assistance.--Each applicant
for Federal financial assistance shall submit an assurance to the
Federal agency responsible for such assistance that all of its programs
and activities will be conducted in compliance with this Act.
    (b) Approval of Architectural and Construction Plans.--
            (1) Submission.--Any applicant for or recipient of Federal
        financial assistance for a covered dwelling unit shall submit
        for approval the architectural and construction plans for such
        unit to the State or local department or agency that is
        responsible, under applicable State or local law, for the
        review and approval of construction plans for compliance with
        generally applicable building codes or requirements (in this
        subsection referred to as the ``appropriate State or local
        agency'').
            (2) Determination of compliance.--
                    (A) Enforcement actions.--The enforcement actions
                under this subparagraph are--
                            (i) reviewing any plans for a covered
                        dwelling unit submitted pursuant to paragraph
                        (1) and approving or disapproving such plans
                        based upon compliance of the dwelling unit with
                        the requirements of this Act; and
                            (ii) consistent with applicable State or
                        local laws and procedures, withholding final
                        approval of construction or occupancy of a
                        covered dwelling unit unless and until such
                        compliance is determined.
                    (B) Condition of federal housing assistance.--The
                Secretary of Housing and Urban Development may not
                provide any Federal financial assistance under any
                program administered by such Secretary to a State or
                unit of general local government (or any agency
                thereof) unless the appropriate State or local agency
                thereof is, in the determination of the Secretary,
                taking the enforcement actions under subparagraph (A).
    (c) Civil Action for Private Persons.--
            (1) Action.--Any person aggrieved by an act or omission
        that is unlawful under this Act may commence a civil action in
        an appropriate United States district court or State court
        against any person or entity responsible for any part of the
        design or construction of a covered dwelling unit no later than
        two years after the occurrence or termination of the alleged
        unlawful conduct under this Act.
            (2) Liability.--In any action under this subsection for a
        violation involving architectural or construction plans for a
        covered dwelling unit that were approved by the appropriate
        State or local department or agency--
                    (A) if such approved plans violate this Act and any
                construction on such dwelling that violates this Act
                was performed in accordance with such approved plans,
                such State or local department or agency shall be
                liable for such construction in violation; and
                    (B) if such approved plans comply with this Act and
                any construction on such dwelling violates this Act,
                the person or entity responsible for the construction
                shall be liable for such construction in violation.
    (d) Enforcement by Attorney General.--Whenever the Attorney General
has reasonable cause to believe that any person or group of persons has
violated this Act, the Attorney General may commence a civil action in
any appropriate United States district court. The Attorney General may
also, upon timely application, intervene in any civil action brought
under subsection (c) by a private person if the Attorney General
certifies that the case is of general public importance.
    (e) Relief.--In any civil action brought under this section, if the
court finds that a violation of this title has occurred or is about to
occur, it may award to the plaintiff actual and punitive damages, and
subject to subsection (g), may grant as relief, as the court finds
appropriate, any permanent or temporary injunction, temporary
restraining order, or other order (including an order enjoining the
defendant from violating the Act or ordering such affirmative action as
may be appropriate).
    (f) Violations.--For purposes of this section, a violation
involving a covered dwelling unit that is not designed or constructed
in conformity with the requirements of this Act shall not be considered
to terminate until the violation is corrected.
    (g) Attorney's Fees.--In any civil action brought under this
section, the court, in its discretion, may allow the prevailing party,
other than the United States, a reasonable attorney's fee and costs.
    (h) Effect on Certain Sales, Encumbrances, and Rentals.--Relief
granted under this section shall not affect any contract, sale,
encumbrance, or lease consummated before the granting of such relief
and involving a bona fide purchaser, encumbrancer, or tenant, without
actual notice of a civil action under this title.

SEC. 5. EFFECT ON STATE LAWS.

    Nothing in this Act shall be constructed to invalidate or limit any
law of a State or political subdivision of a State, or of any other
jurisdiction in which this Act shall be effective, that grants,
guarantees, or provides the same rights, protections, and requirements
as are provided by this Act, but any law of a State, a political
subdivision thereof, or other such jurisdiction that purports to
require or permit any action that would violate this Act shall to that
extent be invalid.

SEC. 6. DISCLAIMER OF PREEMPTIVE EFFECT ON OTHER ACTS.

    Nothing in this Act shall limit any right, procedure, or remedy
available under the Constitution or any other Act of the Congress.

SEC. 7. SEVERABILITY OF PROVISIONS.

    If any provision of this Act of the application thereof to any
person or circumstances is held invalid, the remainder of the Act and
the application of the provision to other persons not similarly
situated shall not be affected thereby.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Electronic Commerce Extension
Establishment Act of 1999''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) The United States economy is in the early stages of a
        revolution in electronic commerce--the ability to buy, sell,
        and even deliver goods and services through computer networks.
        Estimates are that electronic commerce sales in 1998 were
        around $100,000,000,000 and could rise to $1,300,000,000,000 by
        2003.
            (2) Electronic commerce promises to spur tremendously
        United States productivity and economic growth--repeating a
        historical pattern where the greatest impetus toward economic
        growth lies not in the sale of new technologies but in their
        widespread adoption and use.
            (3) Electronic commerce presents an enormous opportunity
        and challenge for small businesses. Such commerce will give
        such businesses new markets and new ways of doing businesses.
        However, many such business will have difficulty in adopting
        appropriate electronic commerce technologies and practices.
        Moreover, such businesses in more rural areas will find distant
        businesses entering their markets and competing with them.
        Thus, there is considerable risk many small businesses will be
        left behind in the shift to electronic commerce.
            (4) The United States has an interest in ensuring that
        small businesses in all parts of the United States participate
        fully in the electronic commerce revolution, both for the sake
        of such businesses and in order to promote productivity and
        economic growth throughout the entire United States economy.
            (5) The Federal Government has a long history of
        successfully helping small farmers with new agricultural
        technologies through the Cooperative Extension System at the
        Department of Agriculture, founded in 1914. More recently, the
        National Institute of Standards and Technology has successfully
        helped small manufacturers with manufacturing technologies
        through its Manufacturing Extension Program, established in
        1988.
            (6) Similarly, now is the time to establish an electronic
        commerce extension program to help small businesses throughout
        the United States identify, adapt, and adopt electronic
        commerce technologies and business practices, thereby ensuring
        that such businesses fully participate in the electronic
        commerce revolution.

SEC. 3. PURPOSE.

    The purpose of this Act is to establish an electronic commerce
extension program focused on small businesses at the National Institute
of Standards and Technology.

SEC. 4. ESTABLISHMENT OF ELECTRONIC COMMERCE EXTENSION PROGRAM AT
              NATIONAL INSTITUTES OF STANDARDS AND TECHNOLOGY.

    (a) Establishment.--The National Bureau of Standards Act (15 U.S.C.
271 et seq.) is amended by inserting after section 25 (15 U.S.C. 278k)
the following new section:

 ``regional centers for the transfer of electronic commerce technology

    ``Sec. 25A. (a)(1) The Secretary, through the Undersecretary of
Commerce for Technology and the Director and in consultation with other
appropriate officials, shall provide assistance for the creation and
support of Regional Centers for the Transfer of Electronic Commerce
Technology (in this section referred to as `Centers').
    ``(2) The Centers shall be affiliated with any United States-based
nonprofit institution or organization, or group thereof, that applies
for and is awarded financial assistance under this section in
accordance with the program established by the Secretary under
subsection (c).
    ``(3) The objective of the Centers is to enhance productivity and
technological performance in United States electronic commerce
through--
            ``(A) the transfer of electronic commerce technology and
        techniques developed at the Institute to Centers and, through
        them, to companies throughout the United States;
            ``(B) the participation of individuals from industry,
        institutions of higher education, State governments, other
        Federal agencies, and, when appropriate, the Institute in
        cooperative technology transfer activities;
            ``(C) efforts to make electronic commerce technology and
        techniques usable by a wide range of United States-based small
        companies;
            ``(D) the active dissemination of scientific, engineering,
        technical, and management information about electronic commerce
        to small companies, with a particular focus on reaching those
        located in rural or isolated areas; and
            ``(E) the utilization, when appropriate, of the expertise
        and capability that exists in State and local governments,
        institutions of higher education, the private sector, and
        Federal laboratories other than the Institute.
    ``(b) The activities of the Centers shall include--
            ``(1) the establishment of electronic commerce
        demonstration systems, based on research by the Institute and
        other organizations and entities, for the purpose of technology
        transfer; and
            ``(2) the active transfer and dissemination of research
        findings and Center expertise to a wide range of companies and
        enterprises, particularly small companies.
    ``(c)(1) The Secretary may provide financial support to any Center
created under subsection (a) in accordance with a program established
by the Secretary for purposes of this section.
    ``(2) The Secretary may not provide to a Center more than 50
percent of the capital and annual operating and maintenance funds
required to create and maintain the Center.
    ``(3)(A) Any nonprofit institution, or group thereof, or consortia
of nonprofit institutions may, in accordance with the procedures
established by the Secretary under the program under paragraph (1),
submit to the Secretary an application for financial support for the
creation and operation of a Center under this section.
    ``(B) In order to receive financial assistance under this section
for a Center, an applicant shall provide adequate assurances that it
will contribute 50 percent or more of the estimated capital and annual
operating and maintenance costs of the Center for the first three years
of its operation and an increasing share of such costs over the next
three years of its operation.
    ``(C) An applicant shall also submit a proposal for the allocation
of the legal rights associated with any invention which may result from
the activities of the Center proposed by the applicant.
    ``(4)(A) The Secretary shall subject each application submitted
under this subsection to merit review.
    ``(B) In making a decision whether to approve an application and
provide financial support for a Center under this section, the
Secretary shall consider at a minimum--
            ``(i) the merits of the application, particularly the
        portions of the application regarding technology transfer,
        training and education, and adaptation of electronic commerce
        technologies to the needs of particular industrial sectors;
            ``(ii) the quality of service to be provided;
            ``(iii) geographical diversity and extent of service area;
        and
            ``(iv) the percentage of funding and amount of in-kind
        commitment from other sources.
    ``(5)(A) Each Center receiving financial assistance under this
section shall be evaluated during the third year of its operation by an
evaluation panel appointed by the Secretary.
    ``(B) Each evaluation panel under this paragraph shall be composed
of private experts, none of whom shall be connected with the Center
involved, and with appropriate Federal officials. An official of the
Institute shall chair each evaluation panel.
    ``(C) Each evaluation panel under this paragraph shall measure the
performance of the Center involved against the objectives specified in
this section and under the arrangement between the Center and the
Institute.
    ``(6) The Secretary may not provide funding for a Center under this
section for the fourth through the sixth years of its operation unless
the evaluation regarding the Center under paragraph (5) is positive. If
such evaluation for a Center is positive, the Secretary may provide
continued funding for the Center through the sixth year of its
operation at declining levels.
    ``(7)(A) After the sixth year of operation of a Center, the Center
may receive additional financial support under this section if the
Center has received a positive evaluation of its operation through an
independent review conducted under procedures established by the
Institute. Such independent review shall be undertaken for a Center not
less often than every two years commencing after the sixth year of its
operation.
    ``(B) The amount of funding received by a Center under this section
for any fiscal year of the Center after the sixth year of its operation
may not exceed an amount equal to one-third of the capital and annual
operating and maintenance costs of the Center in such fiscal year under
the program.
    ``(8) The provisions of chapter 18 of title 35, United States Code,
shall (to the extent not inconsistent with this section) apply to the
promotion of technology from research by Centers under this section
except for contracts for such specific technology extension or transfer
services as may be specified by statute or by the Director.
    ``(d)(1) In addition to such sums as may be appropriated to the
Secretary and Director for purposes of the support of Centers under
this section, the Secretary and Director may accept funds from other
Federal departments and agencies for such purposes.
    ``(2) The selection and operation of a Center under this section
shall be governed by the provisions of this section, regardless of the
Federal department or agency providing funds for the operation of the
Center.
    ``(e) In this section, the term `electronic commerce' means the
buying, selling, and delivery of goods and services, or the
coordination or conduct of economic activities within and among
organizations, through computer networks.''.
    (b) Description of Program.--(1) Not later than 90 days after the
date of the enactment of this Act, the Secretary of Commerce shall
publish in the Federal Register a proposal for the program required by
section 25A(c) of the National Bureau of Standards Act, as added by
subsection (a).
    (2) The proposal for the program under paragraph (1) shall
include--
            (A) a description of the program;
            (B) procedures to be followed by applicants for support
        under the program;
            (C) criteria for determining qualified applicants under the
        program;
            (D) criteria, including the criteria specified in paragraph
        (4) of such section 25A(c), for choosing recipients of
        financial assistance under the program from among qualified
        applicants; and
            (E) maximum support levels expected to be available to
        Centers for the Transfer of Electronic Commerce Technology
        under the program in each year of assistance under the program.
    (3) The Secretary shall provide a 30-day period of opportunity for
public comment on the proposal published under paragraph (1).
    (4) Upon completion of the period referred to in paragraph (3), the
Secretary shall publish in the Federal Register a final version of the
program referred to in paragraph (1). The final version of the program
shall take into account public comments received by the Secretary under
paragraph (3).
    (c) Authorization of Appropriations.--There is hereby authorized to
be appropriated for the Department of Commerce each fiscal year such
amounts as may be required during such fiscal year for purposes of
activities under section 25A of the National Bureau of Standards Act,
as added by subsection (a).