[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3630 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 3630
To provide incentives for the creation of jobs, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 9, 2011
Mr. Camp (for himself, Mr. Bachus, Mr. Daniel E. Lungren of California,
Mr. Lucas, Mr. Upton, and Ms. Ros-Lehtinen) introduced the following
bill; which was referred to the Committee on Ways and Means, and in
addition to the Committees on Energy and Commerce, Financial Services,
Foreign Affairs, Transportation and Infrastructure, Agriculture,
Oversight and Government Reform, House Administration, the Budget,
Natural Resources, Rules, and Select Intelligence (Permanent Select),
for a period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction of
the committee concerned
_______________________________________________________________________
A BILL
To provide incentives for the creation of jobs, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
(a) Short Title.--This Act may be cited as the ``Middle Class Tax
Relief and Job Creation Act of 2011''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title.
TITLE I--JOB CREATION INCENTIVES
Subtitle A--North American Energy Access
Sec. 1001. Short title.
Sec. 1002. Permit for Keystone XL Pipeline.
Subtitle B--EPA Regulatory Relief
Sec. 1101. Short title.
Sec. 1102. Legislative stay.
Sec. 1103. Compliance dates.
Sec. 1104. Energy recovery and conservation.
Sec. 1105. Other provisions.
Subtitle C--Extension of 100 Percent Expensing
Sec. 1201. Extension of allowance for bonus depreciation for certain
business assets.
TITLE II--EXTENSION OF CERTAIN EXPIRING PROVISIONS AND RELATED MEASURES
Subtitle A--Extension of Payroll Tax Reduction
Sec. 2001. Extension of temporary employee payroll tax reduction
through end of 2012.
Subtitle B--Unemployment Compensation
Sec. 2101. Short title.
Part 1--Reforms of Unemployment Compensation to Promote Work and Job
Creation
Sec. 2121. Consistent job search requirements.
Sec. 2122. Participation in reemployment services made a condition of
benefit receipt.
Sec. 2123. State flexibility to promote the reemployment of unemployed
workers.
Sec. 2124. Assistance and guidance in implementing self-employment
assistance programs.
Sec. 2125. Improving program integrity by better recovery of
overpayments.
Sec. 2126. Data standardization for improved data matching.
Sec. 2127. Drug testing of applicants.
Part 2--Provisions Relating To Extended Benefits
Sec. 2141. Short title.
Sec. 2142. Extension and modification of emergency unemployment
compensation program.
Sec. 2143. Temporary extension of extended benefit provisions.
Sec. 2144. Additional extended unemployment benefits under the Railroad
Unemployment Insurance Act.
Part 3--Improving Reemployment Strategies Under the Emergency
Unemployment Compensation Program
Sec. 2161. Improved work search for the long-term unemployed.
Sec. 2162. Reemployment services and reemployment and eligibility
assessment activities.
Sec. 2163. State flexibility to support long-term unemployed workers
with improved reemployment services.
Sec. 2164. Promoting program integrity through better recovery of
overpayments.
Sec. 2165. Restore State flexibility to improve unemployment program
solvency.
Subtitle C--Medicare Extensions; Other Health Provisions
Part 1--Medicare Extensions
Sec. 2201. Physician payment update.
Sec. 2202. Ambulance add-ons.
Sec. 2203. Medicare payment for outpatient therapy services.
Sec. 2204. Work geographic adjustment.
Part 2--Other Health Provisions
Sec. 2211. Qualifying individual (QI) program.
Sec. 2212. Extension of Transitional Medical Assistance (TMA).
Sec. 2213. Modification to requirements for qualifying for exception to
Medicare prohibition on certain physician
referrals for hospitals.
Part 3--Offsets
Sec. 2221. Adjustments to maximum thresholds for recapturing
overpayments resulting from certain
Federally-subsidized health insurance.
Sec. 2222. Prevention and Public Health Fund.
Sec. 2223. Parity in Medicare payments for hospital outpatient
department evaluation and management office
visit services.
Sec. 2224. Reduction of bad debt treated as an allowable cost.
Sec. 2225. Rebasing of State DSH allotments for fiscal year 2021.
Subtitle D--TANF Extension
Sec. 2301. Short title.
Sec. 2302. Extension of program.
Sec. 2303. Data standardization.
Sec. 2304. Spending policies for assistance under State TANF programs.
Sec. 2305. Technical corrections.
TITLE III--FLOOD INSURANCE REFORM
Sec. 3001. Short title.
Sec. 3002. Extensions.
Sec. 3003. Mandatory purchase.
Sec. 3004. Reforms of coverage terms.
Sec. 3005. Reforms of premium rates.
Sec. 3006. Technical Mapping Advisory Council.
Sec. 3007. FEMA incorporation of new mapping protocols.
Sec. 3008. Treatment of levees.
Sec. 3009. Privatization initiatives.
Sec. 3010. FEMA annual report on insurance program.
Sec. 3011. Mitigation assistance.
Sec. 3012. Notification to homeowners regarding mandatory purchase
requirement applicability and rate phase-
ins.
Sec. 3013. Notification to members of congress of flood map revisions
and updates.
Sec. 3014. Notification and appeal of map changes; notification to
communities of establishment of flood
elevations.
Sec. 3015. Notification to tenants of availability of contents
insurance.
Sec. 3016. Notification to policy holders regarding direct management
of policy by FEMA.
Sec. 3017. Notice of availability of flood insurance and escrow in
RESPA good faith estimate.
Sec. 3018. Reimbursement for costs incurred by homeowners and
communities obtaining letters of map
amendment or revision.
Sec. 3019. Enhanced communication with certain communities during map
updating process.
Sec. 3020. Notification to residents newly included in flood hazard
areas.
Sec. 3021. Treatment of swimming pool enclosures outside of hurricane
season.
Sec. 3022. Information regarding multiple perils claims.
Sec. 3023. FEMA authority to reject transfer of policies.
Sec. 3024. Appeals.
Sec. 3025. Reserve fund.
Sec. 3026. CDBG eligibility for flood insurance outreach activities and
community building code administration
grants.
Sec. 3027. Technical corrections.
Sec. 3028. Requiring competition for national flood insurance program
policies.
Sec. 3029. Studies of voluntary community-based flood insurance
options.
Sec. 3030. Report on inclusion of building codes in floodplain
management criteria.
Sec. 3031. Study on graduated risk.
Sec. 3032. Report on flood-in-progress determination.
Sec. 3033. Study on repaying flood insurance debt.
Sec. 3034. No cause of action.
Sec. 3035. Authority for the corps of engineers to provide specialized
or technical services.
TITLE IV--JUMPSTARTING OPPORTUNITY WITH BROADBAND SPECTRUM ACT OF 2011
Sec. 4001. Short title.
Sec. 4002. Definitions.
Sec. 4003. Rule of construction.
Sec. 4004. Enforcement.
Sec. 4005. National security restrictions on use of funds and auction
participation.
Subtitle A--Spectrum Auction Authority
Sec. 4101. Deadlines for auction of certain spectrum.
Sec. 4102. 700 MHz public safety narrowband spectrum and guard band
spectrum.
Sec. 4103. General authority for incentive auctions.
Sec. 4104. Special requirements for incentive auction of broadcast TV
spectrum.
Sec. 4105. Administration of auctions by Commission.
Sec. 4106. Extension of auction authority.
Sec. 4107. Unlicensed use in the 5 GHz band.
Subtitle B--Advanced Public Safety Communications
Part 1--National Implementation
Sec. 4201. Licensing of spectrum to Administrator.
Sec. 4202. National Public Safety Communications Plan.
Sec. 4203. Plan administration.
Sec. 4204. Initial funding for Administrator.
Sec. 4205. Study on emergency communications by amateur radio and
impediments to amateur radio
communications.
Part 2--State Implementation
Sec. 4221. Negotiation and approval of contracts.
Sec. 4222. State implementation grant program.
Sec. 4223. State Implementation Fund.
Sec. 4224. Grants to States for network buildout.
Sec. 4225. Wireless facilities deployment.
Part 3--Public Safety Trust Fund
Sec. 4241. Public Safety Trust Fund.
Part 4--Next Generation 9-1-1 Advancement Act of 2011
Sec. 4261. Short title.
Sec. 4262. Findings.
Sec. 4263. Purposes.
Sec. 4264. Definitions.
Sec. 4265. Coordination of 9-1-1 implementation.
Sec. 4266. Requirements for multi-line telephone systems.
Sec. 4267. GAO study of State and local use of 9-1-1 service charges.
Sec. 4268. Parity of protection for provision or use of Next Generation
9-1-1 services.
Sec. 4269. Commission proceeding on autodialing.
Sec. 4270. NHTSA report on costs for requirements and specifications of
Next Generation 9-1-1 services.
Sec. 4271. FCC recommendations for legal and statutory framework for
Next Generation 9-1-1 services.
Subtitle C--Federal Spectrum Relocation
Sec. 4301. Relocation of and spectrum sharing by Federal Government
stations.
Sec. 4302. Spectrum Relocation Fund.
Sec. 4303. National security and other sensitive information.
Subtitle D--Telecommunications Development Fund
Sec. 4401. No additional Federal funds.
Sec. 4402. Independence of the Fund.
TITLE V--OFFSETS
Subtitle A--Guarantee Fees
Sec. 5001. Guarantee Fees.
Subtitle B--Social Security Provisions
Sec. 5101. Information for administration of Social Security provisions
related to noncovered employment.
Subtitle C--Child Tax Credit
Sec. 5201. Social Security number required to claim the refundable
portion of the child tax credit.
Subtitle D--Eliminating Taxpayer Benefits for Millionaires
Sec. 5301. Ending unemployment and supplemental nutrition assistance
program benefits for millionaires.
Subtitle E--Federal Civilian Employees
Part 1--Retirement Annuities
Sec. 5401. Short title.
Sec. 5402. Retirement contributions.
Sec. 5403. Amendments relating to secure annuity employees.
Sec. 5404. Annuity supplement.
Part 2--Federal Workforce
Sec. 5421. Extension of pay limitation for Federal employees.
Sec. 5422. Reduction of discretionary spending limits to achieve
savings from Federal employee provisions.
Sec. 5423. Reduction of revised discretionary spending limits to
achieve savings from Federal employee
provisions.
Subtitle F--Health Care Provisions
Sec. 5501. Increase in applicable percentage used to calculate Medicare
part B and part D premiums for high-income
beneficiaries.
Sec. 5502. Temporary adjustment to the calculation of Medicare part B
and part D premiums.
TITLE VI--MISCELLANEOUS PROVISIONS
Sec. 6001. Repeal of certain shifts in the timing of corporate
estimated tax payments.
Sec. 6002. Repeal of requirement relating to time for remitting certain
merchandise processing fees.
Sec. 6003. Points of order in the Senate.
Sec. 6004. PAYGO scorecard estimates.
TITLE I--JOB CREATION INCENTIVES
Subtitle A--North American Energy Access
SEC. 1001. SHORT TITLE.
This subtitle may be cited as the ``North American Energy Security
Act''.
SEC. 1002. PERMIT FOR KEYSTONE XL PIPELINE.
(a) In General.--Except as provided in subsection (b), not later
than 60 days after the date of enactment of this Act, the President,
acting through the Secretary of State, shall grant a permit under
Executive Order 13337 (3 U.S.C. 301 note; relating to issuance of
permits with respect to certain energy-related facilities and land
transportation crossings on the international boundaries of the United
States) for the Keystone XL pipeline project application filed on
September 19, 2008 (including amendments).
(b) Exception.--
(1) In general.--The President shall not be required to
grant the permit under subsection (a) if the President
determines that the Keystone XL pipeline would not serve the
national interest.
(2) Report.--If the President determines that the Keystone
XL pipeline is not in the national interest under paragraph
(1), the President shall, not later than 15 days after the date
of the determination, submit to the Committee on Foreign
Relations of the Senate, the Committee on Foreign Affairs of
the House of Representatives, the majority leader of the
Senate, the minority leader of the Senate, the Speaker of the
House of Representatives, and the minority leader of the House
of Representatives a report that provides a justification for
determination, including consideration of economic, employment,
energy security, foreign policy, trade, and environmental
factors.
(3) Effect of no finding or action.--If a determination is
not made under paragraph (1) and no action is taken by the
President under subsection (a) not later than 60 days after the
date of enactment of this Act, the permit for the Keystone XL
pipeline described in subsection (a) that meets the
requirements of subsections (c) and (d) shall be in effect by
operation of law.
(c) Requirements.--The permit granted under subsection (a) shall
require the following:
(1) The permittee shall comply with all applicable Federal
and State laws (including regulations) and all applicable
industrial codes regarding the construction, connection,
operation, and maintenance of the United States facilities.
(2) The permittee shall obtain all requisite permits from
Canadian authorities and relevant Federal, State, and local
governmental agencies.
(3) The permittee shall take all appropriate measures to
prevent or mitigate any adverse environmental impact or
disruption of historic properties in connection with the
construction, operation, and maintenance of the United States
facilities.
(4) For the purpose of the permit issued under subsection
(a) (regardless of any modifications under subsection (d))--
(A) the final environmental impact statement issued
by the Secretary of State on August 26, 2011, satisfies
all requirements of the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.) and section 106 of
the National Historic Preservation Act (16 U.S.C.
470f);
(B) any modification required by the Secretary of
State to the Plan described in paragraph (5)(A) shall
not require supplementation of the final environmental
impact statement described in that paragraph; and
(C) no further Federal environmental review shall
be required.
(5) The construction, operation, and maintenance of the
facilities shall be in all material respects similar to that
described in the application described in subsection (a) and in
accordance with--
(A) the construction, mitigation, and reclamation
measures agreed to by the permittee in the Construction
Mitigation and Reclamation Plan found in appendix B of
the final environmental impact statement issued by the
Secretary of State on August 26, 2011, subject to the
modification described in subsection (d);
(B) the special conditions agreed to between the
permittee and the Administrator of the Pipeline
Hazardous Materials Safety Administration of the
Department of Transportation found in appendix U of the
final environmental impact statement described in
subparagraph (A);
(C) if the modified route submitted by the Governor
of Nebraska under subsection (d)(3)(B) crosses the Sand
Hills region, the measures agreed to by the permittee
for the Sand Hills region found in appendix H of the
final environmental impact statement described in
subparagraph (A); and
(D) the stipulations identified in appendix S of
the final environmental impact statement described in
subparagraph (A).
(6) Other requirements that are standard industry practice
or commonly included in Federal permits that are similar to a
permit issued under subsection (a).
(d) Modification.--The permit issued under subsection (a) shall
require--
(1) the reconsideration of routing of the Keystone XL
pipeline within the State of Nebraska;
(2) a review period during which routing within the State
of Nebraska may be reconsidered and the route of the Keystone
XL pipeline through the State altered with any accompanying
modification to the Plan described in subsection (c)(5)(A); and
(3) the President--
(A) to coordinate review with the State of Nebraska
and provide any necessary data and reasonable technical
assistance material to the review process required
under this subsection; and
(B) to approve the route within the State of
Nebraska that has been submitted to the Secretary of
State by the Governor of Nebraska.
(e) Effect of No Approval.--If the President does not approve the
route within the State of Nebraska submitted by the Governor of
Nebraska under subsection (d)(3)(B) not later than 10 days after the
date of submission, the route submitted by the Governor of Nebraska
under subsection (d)(3)(B) shall be considered approved, pursuant to
the terms of the permit described in subsection (a) that meets the
requirements of subsection (c) and this subsection, by operation of
law.
Subtitle B--EPA Regulatory Relief
SEC. 1101. SHORT TITLE.
This subtitle may be cited as the ``EPA Regulatory Relief Act of
2011''.
SEC. 1102. LEGISLATIVE STAY.
(a) Establishment of Standards.--In place of the rules specified in
subsection (b), and notwithstanding the date by which such rules would
otherwise be required to be promulgated, the Administrator of the
Environmental Protection Agency (in this subtitle referred to as the
``Administrator'') shall--
(1) propose regulations for industrial, commercial, and
institutional boilers and process heaters, and commercial and
industrial solid waste incinerator units, subject to any of the
rules specified in subsection (b)--
(A) establishing maximum achievable control
technology standards, performance standards, and other
requirements under sections 112 and 129, as applicable,
of the Clean Air Act (42 U.S.C. 7412, 7429); and
(B) identifying non-hazardous secondary materials
that, when used as fuels or ingredients in combustion
units of such boilers, process heaters, or incinerator
units are solid waste under the Solid Waste Disposal
Act (42 U.S.C. 6901 et seq.; commonly referred to as
the ``Resource Conservation and Recovery Act'') for
purposes of determining the extent to which such
combustion units are required to meet the emissions
standards under section 112 of the Clean Air Act (42
U.S.C. 7412) or the emission standards under section
129 of such Act (42 U.S.C. 7429); and
(2) finalize the regulations on the date that is 15 months
after the date of the enactment of this Act.
(b) Stay of Earlier Rules.--The following rules are of no force or
effect, shall be treated as though such rules had never taken effect,
and shall be replaced as described in subsection (a):
(1) ``National Emission Standards for Hazardous Air
Pollutants for Major Sources: Industrial, Commercial, and
Institutional Boilers and Process Heaters'', published at 76
Fed. Reg. 15608 (March 21, 2011).
(2) ``National Emission Standards for Hazardous Air
Pollutants for Area Sources: Industrial, Commercial, and
Institutional Boilers'', published at 76 Fed. Reg. 15554 (March
21, 2011).
(3) ``Standards of Performance for New Stationary Sources
and Emission Guidelines for Existing Sources: Commercial and
Industrial Solid Waste Incineration Units'', published at 76
Fed. Reg. 15704 (March 21, 2011).
(4) ``Identification of Non-Hazardous Secondary Materials
That Are Solid Waste'', published at 76 Fed. Reg. 15456 (March
21, 2011).
(c) Inapplicability of Certain Provisions.--With respect to any
standard required by subsection (a) to be promulgated in regulations
under section 112 of the Clean Air Act (42 U.S.C. 7412), the provisions
of subsections (g)(2) and (j) of such section 112 shall not apply prior
to the effective date of the standard specified in such regulations.
SEC. 1103. COMPLIANCE DATES.
(a) Establishment of Compliance Dates.--For each regulation
promulgated pursuant to section 1012, the Administrator--
(1) shall establish a date for compliance with standards
and requirements under such regulation that is, notwithstanding
any other provision of law, not earlier than 5 years after the
effective date of the regulation; and
(2) in proposing a date for such compliance, shall take
into consideration--
(A) the costs of achieving emissions reductions;
(B) any non-air quality health and environmental
impact and energy requirements of the standards and
requirements;
(C) the feasibility of implementing the standards
and requirements, including the time needed to--
(i) obtain necessary permit approvals; and
(ii) procure, install, and test control
equipment;
(D) the availability of equipment, suppliers, and
labor, given the requirements of the regulation and
other proposed or finalized regulations of the
Environmental Protection Agency; and
(E) potential net employment impacts.
(b) New Sources.--The date on which the Administrator proposes a
regulation pursuant to section 1012(a)(1) establishing an emission
standard under section 112 or 129 of the Clean Air Act (42 U.S.C. 7412,
7429) shall be treated as the date on which the Administrator first
proposes such a regulation for purposes of applying the definition of a
new source under section 112(a)(4) of such Act (42 U.S.C. 7412(a)(4))
or the definition of a new solid waste incineration unit under section
129(g)(2) of such Act (42 U.S.C. 7429(g)(2)).
(c) Rule of Construction.--Nothing in this subtitle shall be
construed to restrict or otherwise affect the provisions of paragraphs
(3)(B) and (4) of section 112(i) of the Clean Air Act (42 U.S.C.
7412(i)).
SEC. 1104. ENERGY RECOVERY AND CONSERVATION.
Notwithstanding any other provision of law, and to ensure the
recovery and conservation of energy consistent with the Solid Waste
Disposal Act (42 U.S.C. 6901 et seq.; commonly referred to as the
``Resource Conservation and Recovery Act''), in promulgating rules
under section 1012(a) addressing the subject matter of the rules
specified in paragraphs (3) and (4) of section 1012(b), the
Administrator--
(1) shall adopt the definitions of the terms ``commercial
and industrial solid waste incineration unit'', ``commercial
and industrial waste'', and ``contained gaseous material'' in
the rule entitled ``Standards of Performance for New Stationary
Sources and Emission Guidelines for Existing Sources:
Commercial and Industrial Solid Waste Incineration Units'',
published at 65 Fed. Reg. 75338 (December 1, 2000); and
(2) shall identify non-hazardous secondary material to be
solid waste only if--
(A) the material meets such definition of
commercial and industrial waste; or
(B) if the material is a gas, it meets such
definition of contained gaseous material.
SEC. 1105. OTHER PROVISIONS.
(a) Establishment of Standards Achievable in Practice.--In
promulgating rules under section 1012(a), the Administrator shall
ensure that emissions standards for existing and new sources
established under section 112 or 129 of the Clean Air Act (42 U.S.C.
7412, 7429), as applicable, can be met under actual operating
conditions consistently and concurrently with emission standards for
all other air pollutants regulated by the rule for the source category,
taking into account variability in actual source performance, source
design, fuels, inputs, controls, ability to measure the pollutant
emissions, and operating conditions.
(b) Regulatory Alternatives.--For each regulation promulgated
pursuant to section 1012(a), from among the range of regulatory
alternatives authorized under the Clean Air Act (42 U.S.C. 7401 et
seq.) including work practice standards under section 112(h) of such
Act (42 U.S.C. 7412(h)), the Administrator shall impose the least
burdensome, consistent with the purposes of such Act and Executive
Order No. 13563 published at 76 Fed. Reg. 3821 (January 21, 2011).
Subtitle C--Extension of 100 Percent Expensing
SEC. 1201. EXTENSION OF ALLOWANCE FOR BONUS DEPRECIATION FOR CERTAIN
BUSINESS ASSETS.
(a) Extension of 100 Percent Bonus Depreciation.--
(1) In general.--Paragraph (5) of section 168(k) of the
Internal Revenue Code of 1986 is amended--
(A) by striking ``January 1, 2012'' each place it
appears and inserting ``January 1, 2013'', and
(B) by striking ``January 1, 2013'' and inserting
``January 1, 2014''.
(2) Conforming amendments.--
(A) The heading for paragraph (5) of section 168(k)
of such Code is amended by striking ``Pre-2012
periods'' and inserting ``Pre-2013 periods''.
(B) Clause (ii) of section 460(c)(6)(B) of such
Code is amended to read as follows:
``(ii) is placed in service--
``(I) after December 31, 2009, and
before January 1, 2011 (January 1,
2012, in the case of property described
in section 168(k)(2)(B)), or
``(II) after December 31, 2011, and
before January 1, 2013 (January 1,
2014, in the case of property described
in section 168(k)(2)(B)).''.
(3) Effective date.--The amendments made by this subsection
shall apply to property placed in service after December 31,
2011.
(b) Expansion of Election To Accelerate AMT Credits in Lieu of
Bonus Depreciation.--
(1) In general.--Paragraph (4) of section 168(k) of such
Code is amended to read as follows:
``(4) Election to accelerate amt credits in lieu of bonus
depreciation.--
``(A) In general.--If a corporation elects to have
this paragraph apply for any taxable year--
``(i) paragraph (1) shall not apply to any
eligible qualified property placed in service
by the taxpayer in such taxable year,
``(ii) the applicable depreciation method
used under this section with respect to such
property shall be the straight line method, and
``(iii) the limitation imposed by section
53(c) for such taxable year shall be increased
by the bonus depreciation amount which is
determined for such taxable year under
subparagraph (B).
``(B) Bonus depreciation amount.--For purposes of
this paragraph--
``(i) In general.--The bonus depreciation
amount for any taxable year is an amount equal
to 20 percent of the excess (if any) of--
``(I) the aggregate amount of
depreciation which would be allowed
under this section for eligible
qualified property placed in service by
the taxpayer during such taxable year
if paragraph (1) applied to all such
property, over
``(II) the aggregate amount of
depreciation which would be allowed
under this section for eligible
qualified property placed in service by
the taxpayer during such taxable year
if paragraph (1) did not apply to any
such property.
The aggregate amounts determined under
subclauses (I) and (II) shall be determined
without regard to any election made under
subsection (b)(2)(D), (b)(3)(D), or (g)(7) and
without regard to subparagraph (A)(ii).
``(ii) Limitation.--The bonus depreciation
amount for any taxable year shall not exceed
the lesser of--
``(I) the minimum tax credit under
section 53(b) for such taxable year
determined by taking into account only
the adjusted minimum tax for taxable
years ending before January 1, 2012
(determined by treating credits as
allowed on a first-in, first-out
basis), or
``(II) 50 percent of the minimum
tax credit under section 53(b) for the
first taxable year ending after
December 31, 2011.
``(iii) Aggregation rule.--All corporations
which are treated as a single employer under
section 52(a) shall be treated--
``(I) as 1 taxpayer for purposes of
this paragraph, and
``(II) as having elected the
application of this paragraph if any
such corporation so elects.
``(C) Eligible qualified property.--For purposes of
this paragraph, the term `eligible qualified property'
means qualified property under paragraph (2), except
that in applying paragraph (2) for purposes of this
paragraph--
``(i) `March 31, 2008' shall be substituted
for `December 31, 2007' each place it appears
in subparagraph (A) and clauses (i) and (ii) of
subparagraph (E) thereof,
``(ii) `April 1, 2008' shall be substituted
for `January 1, 2008' in subparagraph
(A)(iii)(I) thereof, and
``(iii) only adjusted basis attributable to
manufacture, construction, or production--
``(I) after March 31, 2008, and
before January 1, 2010, and
``(II) after December 31, 2010, and
before January 1, 2013, shall be taken
into account under subparagraph (B)(ii)
thereof.
``(D) Credit refundable.--For purposes of section
6401(b), the aggregate increase in the credits
allowable under part IV of subchapter A for any taxable
year resulting from the application of this paragraph
shall be treated as allowed under subpart C of such
part (and not any other subpart).
``(E) Other rules.--
``(i) Election.--Any election under this
paragraph may be revoked only with the consent
of the Secretary.
``(ii) Partnerships with electing
partners.--In the case of a corporation making
an election under subparagraph (A) and which is
a partner in a partnership, for purposes of
determining such corporation's distributive
share of partnership items under section 702--
``(I) paragraph (1) shall not apply
to any eligible qualified property, and
``(II) the applicable depreciation
method used under this section with
respect to such property shall be the
straight line method.
``(iii) Certain partnerships.--In the case
of a partnership in which more than 50 percent
of the capital and profits interests are owned
(directly or indirectly) at all times during
the taxable year by one corporation (or by
corporations treated as 1 taxpayer under
subparagraph (B)(iii)), each partner shall be
treated as having an amount equal to such
partner's allocable share of the eligible
property for such taxable year (as determined
under regulations prescribed by the Secretary).
``(iv) Special rule for passenger
aircraft.--In the case of any passenger
aircraft, the written binding contract
limitation under paragraph (2)(A)(iii)(I) shall
not apply for purposes of subparagraphs
(B)(i)(I) and (C).''.
(2) Effective date.--The amendment made by this subsection
shall apply to taxable years ending after December 31, 2011.
(3) Transitional rule.--In the case of a taxable year
beginning before January 1, 2012, and ending after December 31,
2011, the bonus depreciation amount determined under paragraph
(4) of section 168(k) of Internal Revenue Code of 1986 for such
year shall be the sum of--
(A) such amount determined under such paragraph as
in effect on the date before the date of enactment of
this Act taking into account only property placed in
service before January 1, 2012, and
(B) such amount determined under such paragraph as
amended by this Act taking into account only property
placed in service after December 31, 2011.
TITLE II--EXTENSION OF CERTAIN EXPIRING PROVISIONS AND RELATED MEASURES
Subtitle A--Extension of Payroll Tax Reduction
SEC. 2001. EXTENSION OF TEMPORARY EMPLOYEE PAYROLL TAX REDUCTION
THROUGH END OF 2012.
Subsection (c) of section 601 of the Tax Relief, Unemployment
Insurance Reauthorization, and Job Creation Act of 2010 is amended by
striking ``calendar year 2011'' and inserting ``calendar years 2011 and
2012''.
Subtitle B--Unemployment Compensation
SEC. 2101. SHORT TITLE.
This subtitle may be cited as the ``Extended Benefits,
Reemployment, and Program Integrity Improvement Act''.
PART 1--REFORMS OF UNEMPLOYMENT COMPENSATION TO PROMOTE WORK AND JOB
CREATION
SEC. 2121. CONSISTENT JOB SEARCH REQUIREMENTS.
(a) In General.--Section 303(a) of the Social Security Act is
amended by adding at the end the following:
``(11)(A) A requirement that, as a condition of eligibility
for regular compensation for any week, a claimant must be able
to work, available to work, and actively seeking work.
``(B) For purposes of this paragraph, the term `actively
seeking work' means, with respect to an individual, that such
individual is actively engaged in a systematic and sustained
effort to obtain work, as determined based on evidence (whether
in electronic format or otherwise) satisfactory to the State
agency charged with the administration of the State law.
``(C) The specific requirements that must be met in order
to satisfy this paragraph shall be established by the State
agency, and shall include at least the following:
``(i) Registration for employment services within
10 days after making initial application for regular
compensation.
``(ii) Posting a resume, record, or other
application for employment on such database as the
State agency may require.
``(iii) Applying for work in such manner as the
State agency may require.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to weeks beginning after the end of the first session of the
State legislature which begins after the date of enactment of this Act.
SEC. 2122. PARTICIPATION IN REEMPLOYMENT SERVICES MADE A CONDITION OF
BENEFIT RECEIPT.
(a) Social Security Act.--Paragraph (10) of section 303(a) of the
Social Security Act is amended to read as follows:
``(10)(A) A requirement that, as a condition of eligibility
for regular compensation for any week and in addition to State
work search requirements--
``(i) a claimant shall meet the minimum educational
requirements set forth in subparagraph (B); and
``(ii) any claimant who has been referred to
reemployment services shall participate in such
services.
``(B) For purposes of this paragraph, an individual shall
not be considered to have met the minimum educational
requirements of this subparagraph unless such individual--
``(i) has earned a high school diploma;
``(ii) has earned the General Educational
Development (GED) credential or other State-recognized
equivalent (including by meeting recognized alternative
standards for individuals with disabilities); or
``(iii) is enrolled and making satisfactory
progress in classes leading to satisfaction of clause
(i) or (ii).
``(C) The requirements of subparagraph (B) may be waived
for an individual to the extent that the State agency charged
with the administration of the State law deems such
requirements to be unduly burdensome.''.
(b) Internal Revenue Code of 1986.--Paragraph (8) of section
3304(a) of the Internal Revenue Code of 1986 is amended to read as
follows:
``(8) compensation shall not be denied to an individual for
any week in which the individual is enrolled and making
satisfactory progress in education or training which has been
previously approved by the State agency;''.
(c) Effective Date.--The amendments made by this section shall
apply to weeks beginning after the end of the first session of the
State legislature which begins after the date of enactment of this Act.
SEC. 2123. STATE FLEXIBILITY TO PROMOTE THE REEMPLOYMENT OF UNEMPLOYED
WORKERS.
Title III of the Social Security Act (42 U.S.C. 501 and following)
is amended by adding at the end the following:
``demonstration projects
``Sec. 305. (a) The Secretary of Labor may enter into agreements,
with up to 10 States per year that submit an application described in
subsection (b), for the purpose of allowing such States to conduct
demonstration projects to test and evaluate measures designed--
``(1) to expedite the reemployment of individuals who have
established a benefit year and are otherwise eligible to claim
unemployment compensation under the State law of such State; or
``(2) to improve the effectiveness of a State in carrying
out its State law with respect to reemployment.
``(b) The Governor of any State desiring to conduct a demonstration
project under this section shall submit an application to the Secretary
of Labor. Any such application shall include--
``(1) a general description of the proposed demonstration
project, including the authority (under the laws of the State)
for the measures to be tested, as well as the period of time
during which such demonstration project would be conducted;
``(2) if a waiver under subsection (c) is requested, a
statement describing the specific aspects of the project to
which the waiver would apply and the reasons why such waiver is
needed;
``(3) a description of the goals and the expected
programmatic outcomes of the demonstration project, including
how the project would contribute to the objective described in
subsection (a)(1), subsection (a)(2), or both;
``(4) assurances (accompanied by supporting analysis) that
the demonstration project would operate for a period of at
least 1 calendar year and not result in any increased net costs
to the State's account in the Unemployment Trust Fund;
``(5) a description of the manner in which the State--
``(A) will conduct an impact evaluation, using a
methodology appropriate to determine the effects of the
demonstration project; and
``(B) will determine the extent to which the goals
and outcomes described in paragraph (3) were achieved;
and
``(6) assurances that the State will provide any reports
relating to the demonstration project, after its approval, as
the Secretary of Labor may require.
``(c) The Secretary of Labor may waive any of the requirements of
section 3304(a)(4) of the Internal Revenue Code of 1986 or of paragraph
(1) or (5) of section 303(a), to the extent and for the period the
Secretary of Labor considers necessary to enable the State to carry out
a demonstration project under this section.
``(d) A demonstration project under this section--
``(1) may be commenced any time after the date of enactment
of this section;
``(2) may not be approved for a period of time greater than
3 years, subject to extension upon request of the Governor of
the State involved for such additional period as the Secretary
of Labor may agree to, except that in no event may a
demonstration project under this section be conducted after the
end of the 5-year period beginning on the date of enactment of
this section; and
``(3) may not be extended without sufficient data to show
that the project--
``(A) did not increase the net cost to the State's
account in the Unemployment Trust Fund during the
initial demonstration period; and
``(B) may be reasonably projected not to increase
the net cost to the State's account in the Unemployment
Trust Fund during the extended period requested.
``(e) The Secretary of Labor shall, in the case of any State for
which an application is submitted under subsection (b)--
``(1) notify the State as to whether such application has
been approved or denied within 30 days after receipt of a
complete application; and
``(2) provide public notice of the decision within 10 days
after providing notification to the State in accordance with
paragraph (1).
Public notice under paragraph (2) may be provided through the Internet
or other appropriate means. Any application under this section that has
not been denied within the 30-day period described in paragraph (1)
shall be deemed approved, and public notice of any approval under this
sentence shall be provided within 10 days thereafter.
``(f) The Secretary of Labor may terminate a demonstration project
under this section if the Secretary determines that the State has
violated the substantive terms or conditions of the project.
``(g) Funding certified under section 302(a) may be used for an
approved demonstration project.''.
SEC. 2124. ASSISTANCE AND GUIDANCE IN IMPLEMENTING SELF-EMPLOYMENT
ASSISTANCE PROGRAMS.
(a) In General.--For purposes of assisting States in establishing,
improving, and administering self-employment assistance programs, the
Secretary shall--
(1) develop model language that may be used by States in
enacting such programs, as well as periodically review and
revise such model language;
(2) provide technical assistance and guidance in
establishing, improving, and administering such programs; and
(3) establish reporting requirements for States in regard
to such programs, including reporting on--
(A) the number of businesses and jobs created, both
directly and indirectly, by self-employment assistance
programs; and
(B) the estimated Federal and State tax revenues
collected from such businesses and their employees.
(b) Model Language and Guidance.--The model language, guidance, and
reporting requirements developed by the Secretary pursuant to
subsection (a) shall--
(1) allow sufficient flexibility for States and
participating individuals; and
(2) ensure accountability and program integrity.
(c) Consultation.--In developing the model language, guidance, and
reporting requirements pursuant to subsection (a), the Secretary shall
consult with employers, labor organizations, State agencies, and other
relevant program experts.
(d) Entrepreneurial Training Programs.--The Secretary shall
coordinate with the Administrator of the Small Business Administration
to ensure that adequate funding is reserved and made available for the
provision of entrepreneurial training to individuals participating in
self-employment assistance programs.
SEC. 2125. IMPROVING PROGRAM INTEGRITY BY BETTER RECOVERY OF
OVERPAYMENTS.
(a) Use of Unemployment Compensation To Repay Overpayments.--
Section 3304(a)(4)(D) of the Internal Revenue Code of 1986 and section
303(g)(1) of the Social Security Act are amended by striking ``may''
and inserting ``shall''.
(b) Use of Unemployment Compensation To Repay Federal Additional
Compensation Overpayments.--Section 303(g)(3) of the Social Security
Act is amended by inserting ``Federal additional compensation,'' after
``trade adjustment allowances,''.
(c) Effective Date.--The amendments made by this section shall
apply to weeks beginning after the end of the first session of the
State legislature which begins after the date of enactment of this Act.
SEC. 2126. DATA STANDARDIZATION FOR IMPROVED DATA MATCHING.
(a) In General.--Title IX of the Social Security Act is amended by
adding at the end the following:
``data standardization for improved data matching
``Standard Data Elements
``Sec. 911. (a)(1) The Secretary of Labor, in consultation with an
interagency work group which shall be established by the Office of
Management and Budget, and considering State and employer perspectives,
shall, by rule, designate standard data elements for any category of
information required under title III or this title.
``(2) The standard data elements designated under paragraph (1)
shall, to the extent practicable, be nonproprietary and interoperable.
``(3) In designating standard data elements under this subsection,
the Secretary of Labor shall, to the extent practicable, incorporate--
``(A) interoperable standards developed and maintained by
an international voluntary consensus standards body, as defined
by the Office of Management and Budget, such as the
International Organization for Standardization;
``(B) interoperable standards developed and maintained by
intergovernmental partnerships, such as the National
Information Exchange Model; and
``(C) interoperable standards developed and maintained by
Federal entities with authority over contracting and financial
assistance, such as the Federal Acquisition Regulations
Council.
``Data Standards for Reporting
``(b)(1) The Secretary of Labor, in consultation with an
interagency work group established by the Office of Management and
Budget, and considering State and employer perspectives, shall, by
rule, designate data reporting standards to govern the reporting
required under title III or this title.
``(2) The data reporting standards required by paragraph (1) shall,
to the extent practicable--
``(A) incorporate a widely-accepted, nonproprietary,
searchable, computer-readable format;
``(B) be consistent with and implement applicable
accounting principles; and
``(C) be capable of being continually upgraded as
necessary.
``(3) In designating reporting standards under this subsection, the
Secretary of Labor shall, to the extent practicable, incorporate
existing nonproprietary standards, such as the eXtensible Business
Reporting Language.''.
(b) Effective Date.--The amendment made by this section shall apply
after September 30, 2012.
SEC. 2127. DRUG TESTING OF APPLICANTS.
Section 303 of the Social Security Act is amended by adding at the
end the following:
``(k)(1) Nothing in this Act or any other provision of Federal law
shall be considered to prevent a State from--
``(A) testing an applicant for unemployment compensation
for the unlawful use of controlled substances as a condition
for receiving such compensation; or
``(B) denying such compensation to such applicant on the
basis of the result of such testing.
``(2) For purposes of this subsection--
``(A) the term `unemployment compensation' has the meaning
given such term in subsection (d)(2)(A); and
``(B) the term `controlled substance' has the meaning given
such term in section 102 of the Controlled Substances Act (21
U.S.C. 802).''.
PART 2--PROVISIONS RELATING TO EXTENDED BENEFITS
SEC. 2141. SHORT TITLE.
This part may be cited as the ``Unemployment Benefits Extension Act
of 2011''.
SEC. 2142. EXTENSION AND MODIFICATION OF EMERGENCY UNEMPLOYMENT
COMPENSATION PROGRAM.
(a) Extension.--Section 4007 of the Supplemental Appropriations
Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note) is amended--
(1) in subsection (a)--
(A) by striking ``Except as provided in subsection
(b), an'' and inserting ``An''; and
(B) by striking ``January 3, 2012'' and inserting
``January 31, 2013''; and
(2) by amending subsection (b) to read as follows:
``(b) Termination.--No compensation under this title shall be
payable for any week subsequent to the last week described in
subsection (a).''.
(b) Modified Tiers of Emergency Unemployment Compensation.--
(1) In general.--Section 4002 of the Supplemental
Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304
note) is amended by striking subsections (b) through (e) and
inserting the following:
``(b) First-Tier Emergency Unemployment Compensation.--
``(1) In general.--The amount established in an account
under subsection (a) shall be an amount (in this title referred
to as `first-tier emergency unemployment compensation') equal
to the lesser of--
``(A) 80 percent of the total amount of regular
compensation (including dependents' allowances) payable
to the individual during the individual's benefit year
under the State law; or
``(B) 20 times the individual's average weekly
benefit amount for the benefit year.
``(2) Weekly benefit amount.--For purposes of this
subsection, an individual's weekly benefit amount for any week
is the amount of regular compensation (including dependents'
allowances) under the State law payable to such individual for
such week for total unemployment.
``(c) Second-Tier Emergency Unemployment Compensation.--
``(1) In general.--If, at the time that the amount
established in an individual's account under subsection (b)(1)
is exhausted or at any time thereafter, such individual's State
is in an extended benefit period (as determined under paragraph
(2)), such account shall be augmented by an amount (in this
title referred to as `second-tier emergency unemployment
compensation') equal to the lesser of--
``(A) 50 percent of the total amount of regular
compensation (including dependents' allowances) payable
to the individual during the individual's benefit year
under the State law; or
``(B) 13 times the individual's average weekly
benefit amount (as determined under subsection (b)(2))
for the benefit year.
``(2) Extended benefit period.--For purposes of paragraph
(1), a State shall be considered to be in an extended benefit
period, as of any given time, if--
``(A) such a period would then be in effect for
such State, under the Federal-State Extended
Unemployment Compensation Act of 1970, if section
203(d) of such Act--
``(i) were applied by substituting `4' for
`5' each place it appears; and
``(ii) did not include the requirement
under paragraph (1)(A) thereof; or
``(B) such a period would then be in effect for
such State, under the Federal-State Extended
Unemployment Compensation Act of 1970, if--
``(i) section 203(f) of such Act were
applied to such State (regardless of whether or
not the State by law had provided for such
application); and
``(ii) such section 203(f)--
``(I) were applied by substituting
`6.0' for `6.5' in paragraph (1)(A)(i)
thereof; and
``(II) did not include the
requirement under paragraph (1)(A)(ii)
thereof.
``(3) Limitation.--The account of an individual may be
augmented not more than once under this subsection.''.
(2) Technical and conforming amendments.--Section 4002 of
the Supplemental Appropriations Act, 2008 (Public Law 110-252;
26 U.S.C. 3304 note), as amended by paragraph (1), is further
amended--
(A) by striking subsection (f); and
(B) by redesignating subsection (g) as subsection
(d).
(c) Order of Payments Requirement.--
(1) In general.--Section 4001(e) of the Supplemental
Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304
note) is amended to read as follows:
``(e) Coordination Rule.--An agreement under this section shall not
apply (or shall cease to apply) with respect to a State upon a
determination by the Secretary that, under the State law or other
applicable rules of such State, the payment of extended compensation
for which an individual is otherwise eligible may or must be deferred
until after the payment of any emergency unemployment compensation
under section 4002, as amended by the Unemployment Benefits Extension
Act of 2011, for which the individual is concurrently eligible.''.
(2) Technical and conforming amendments.--Section
4001(b)(2) of such Act is amended--
(A) by striking ``or extended compensation''; and
(B) by striking ``(except as provided under
subsection (e))''.
(d) Funding.--Section 4004(e)(1) of the Supplemental Appropriations
Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note) is amended--
(1) in subparagraph (F), by striking ``and'' at the end;
and
(2) by inserting after subparagraph (G) the following:
``(H) the amendments made by section 2302 of the
Unemployment Benefits Extension Act of 2011; and''.
(e) Effective Dates; Transition Rules Relating to Subsection (b).--
(1) In general.--The amendments made by--
(A) subsection (a) shall take effect as if included
in the enactment of the Tax Relief, Unemployment
Insurance Reauthorization, and Job Creation Act of 2010
(Public Law 111-312);
(B) subsections (b) and (c) shall take effect on
December 28, 2011, and shall apply with respect to
weeks of unemployment beginning after that date; and
(C) subsection (d) shall take effect on the date of
enactment of this Act.
(2) Transition rules for the application of the amendments
made by subsection (b) in the case of individuals having
residual amounts in their account.--
(A) Exhaustion of residual amounts.--In the case of
an individual who, as of any time during the last week
ending before January 3, 2012, has amounts remaining in
an account established under section 4002 of the
Supplemental Appropriations Act, 2008, emergency
unemployment compensation shall continue to be payable
to such individual from the amounts so remaining,
subject to section 4007(b) of such Act, as amended by
this subtitle.
(B) Non-augmentation rule.--
(i) In general.--Except as provided in
clause (ii), after exhausting the amounts
remaining in the individual's account under
subparagraph (A), no augmentation (or further
augmentation) to such account may be made.
(ii) Exception.--In the case of an
individual whose residual amounts (as described
in subparagraph (A)) represent amounts that
were established in such individual's account
under section 4002(b) of the Supplemental
Appropriations Act, 2008, as in effect before
the date of enactment of this Act, no
augmentation to such account may be made except
in accordance with section 4002(c) of such Act,
as amended by this subtitle.
(3) Transition rules for the application of the amendments
made by subsection (b) in the case of individuals between
tiers.--
(A) In general.--In the case of an individual for
whom an emergency unemployment compensation account has
been established under section 4002 of the Supplemental
Appropriations Act, 2008, as in effect before the date
of enactment of this Act, but who is not covered by
paragraph (2), no augmentation (or further
augmentation) to such account shall be allowable,
except as provided in subparagraph (B).
(B) Exception.--
(i) Rule.--In the case of a first-tier
exhaustee, augmentation shall be allowable in a
manner similar to that described in paragraph
(2)(B)(ii).
(ii) Definition.--For purposes of this
subparagraph, the term ``first-tier exhaustee''
means an individual--
(I) who is described in
subparagraph (A); and
(II) whose emergency unemployment
compensation account--
(aa) has been exhausted of
amounts described in section
4002(b) of the Supplemental
Appropriations Act, 2008, as in
effect before the enactment of
this Act; but
(bb) has never been
augmented.
(4) Week defined.--For purposes of this subsection, the
term ``week'' has the meaning given such term under section
4006 of the Supplemental Appropriations Act, 2008.
SEC. 2143. TEMPORARY EXTENSION OF EXTENDED BENEFIT PROVISIONS.
(a) In General.--Section 2005 of the Assistance for Unemployed
Workers and Struggling Families Act, as contained in Public Law 111-5
(26 U.S.C. 3304 note), is amended--
(1) by striking ``January 4, 2012'' each place it appears
and inserting ``January 31, 2013''; and
(2) in subsection (c), by striking ``June 11, 2012'' and
inserting ``January 31, 2013''.
(b) Extension of Matching for States With No Waiting Week.--Section
5 of the Unemployment Compensation Extension Act of 2008 (Public Law
110-449; 26 U.S.C. 3304 note) is amended by striking ``June 10, 2012''
and inserting ``January 31, 2013''.
(c) Extension of Modification of Indicators Under the Extended
Benefit Program.--Section 203 of the Federal-State Extended
Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note) is
amended--
(1) in subsection (d), by striking ``December 31, 2011''
and inserting ``January 31, 2013''; and
(2) in subsection (f)(2), by striking ``December 31, 2011''
and inserting ``January 31, 2013''.
(d) Effective Date.--The amendments made by this section shall take
effect as if included in the enactment of the Tax Relief, Unemployment
Insurance Reauthorization, and Job Creation Act of 2010 (Public Law
111-312; 26 U.S.C. 3304 note).
SEC. 2144. ADDITIONAL EXTENDED UNEMPLOYMENT BENEFITS UNDER THE RAILROAD
UNEMPLOYMENT INSURANCE ACT.
(a) Extension.--Section 2(c)(2)(D)(iii) of the Railroad
Unemployment Insurance Act, as added by section 2006 of the American
Recovery and Reinvestment Act of 2009 (Public Law 96 111-5) and as
amended by section 9 of the Worker, Homeownership, and Business
Assistance Act of 2009 (Public Law 111-92) and section 505 of the Tax
Relief, Unemployment Insurance Reauthorization, and Job Creation Act of
2010 (Public Law 111-312), is amended--
(1) by striking ``June 30, 2011'' and inserting ``June 30,
2012''; and
(2) by striking ``December 31, 2011'' and inserting
``January 31, 2012''.
(b) Clarification on Authority to Use Funds.--Funds appropriated
under either the first or second sentence of clause (iv) of section
2(c)(2)(D) of the Railroad Unemployment Insurance Act shall be
available to cover the cost of additional extended unemployment
benefits provided under such section 2(c)(2)(D) by reason of the
amendments made by subsection (a) as well as to cover the cost of such
benefits provided under such section 2(c)(2)(D), as in effect on the
day before the date of enactment of this Act.
PART 3--IMPROVING REEMPLOYMENT STRATEGIES UNDER THE EMERGENCY
UNEMPLOYMENT COMPENSATION PROGRAM
SEC. 2161. IMPROVED WORK SEARCH FOR THE LONG-TERM UNEMPLOYED.
(a) In General.--Section 4001(b) of the Supplemental Appropriations
Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note) is amended--
(1) by striking ``and'' at the end of paragraph (2);
(2) by striking the period at the end of paragraph (3) and
inserting ``; and''; and
(3) by adding at the end the following:
``(4) are able to work, available to work, and actively
seeking work.''.
(b) Actively Seeking Work.--Section 4001 of such Act is amended by
adding at the end the following:
``(h) Actively Seeking Work.--
``(1) In general.--For purposes of subsection (b)(4), the
term `actively seeking work' means, with respect to any
individual, that such individual is actively engaged in a
systematic and sustained effort to obtain work, as determined
based on evidence (whether in electronic format or otherwise)
satisfactory to the State agency charged with the
administration of the State law.
``(2) Specific requirements.--The specific requirements
that must be met in order to satisfy subsection (b)(4), to the
extent that it relates to actively seeking work, shall be
established by the State agency, and shall include the
following:
``(A) Registration for employment services within
30 days after the date on which occurs whichever of the
following events occurs first, in the case of the
individual referred to in paragraph (1):
``(i) The submission of the claim on the
basis of which amounts described in section
4002(b) (as amended by the Unemployment
Benefits Extension Act of 2011) first become
payable to such individual.
``(ii) The submission of the claim on the
basis of which amounts described in section
4002(c) (as amended by the Unemployment
Benefits Extension Act of 2011) first become
payable to such individual.
``(B) Posting a resume, record, or other
application for employment on such database as the
State agency may require.
``(C) Applying, in such manner as the State agency
may require, for work.''.
SEC. 2162. REEMPLOYMENT SERVICES AND REEMPLOYMENT AND ELIGIBILITY
ASSESSMENT ACTIVITIES.
(a) In General.--
(1) Provision of services and activities.--Section 4001 of
the Supplemental Appropriations Act, 2008 (Public Law 110-252;
26 U.S.C. 3304 note) is amended by inserting after subsection
(h) (as added by section 2161) the following:
``(i) Provision of Services and Activities.--
``(1) In general.--An agreement under this section shall
require the following:
``(A) The State which is party to such agreement
shall provide reemployment services and reemployment
and eligibility assessment activities to each
individual--
``(i) who, on or after the 30th day after
the date of enactment of the Extended Benefits,
Reemployment, and Program Integrity Improvement
Act, begins receiving amounts described in
subsection (b) and (c) of 4002 of the
Supplemental Appropriations Act of 2008, as
amended by the Extended Benefits, Reemployment,
and Program Integrity Improvement Act; and
``(ii) while such individual continues to
receive emergency unemployment compensation
under this title.
``(B) As a condition of eligibility for emergency
unemployment compensation for any week--
``(i) a claimant shall meet the minimum
educational requirements set forth in section
303(a)(10)(B) of the Social Security Act;
``(ii) a claimant who has been duly
referred to reemployment services shall
participate in such services; and
``(iii) a claimant shall be actively
seeking work (determined applying subsection
(h)).
``(2) Description of services and activities.--The
reemployment services and in-person reemployment and
eligibility assessment activities provided to individuals
receiving emergency unemployment compensation described in
paragraph (1)--
``(A) shall include--
``(i) the provision of labor market and
career information;
``(ii) an assessment of the skills of the
individual;
``(iii) orientation to the services
available through the one-stop centers
established under title I of the Workforce
Investment Act of 1998; and
``(iv) review of the eligibility of the
individual for emergency unemployment
compensation relating to the job search
activities of the individual; and
``(B) may include the provision of--
``(i) comprehensive and specialized
assessments;
``(ii) individual and group career
counseling;
``(iii) training services;
``(iv) additional reemployment services;
and
``(v) job search counseling and the
development or review of an individual
reemployment plan that includes participation
in job search activities and appropriate
workshops.
``(3) Participation requirement.--As a condition of
continuing eligibility for emergency unemployment compensation
for any week, an individual who has been referred to
reemployment services or reemployment and eligibility
assessment activities under this subsection shall participate
in such services or activities, unless the State agency
responsible for the administration of State unemployment
compensation law determines that--
``(A) such individual has completed participating
in such services or activities; or
``(B) there is justifiable cause for failure to
participate or to complete participating in such
services or activities, as determined in accordance
with guidance to be issued by the Secretary.''.
(2) Issuance of guidance.--Not later than 30 days after the
date of enactment of this Act, the Secretary shall issue
guidance on the implementation of the reemployment services and
reemployment and eligibility assessment activities required to
be provided under the amendment made by paragraph (1).
(b) Funding.--Section 4002 of the Supplemental Appropriations Act,
2008 (Public Law 110-252; 26 U.S.C. 3304 note), as amended by section
2142(b), is further amended by adding at the end the following:
``(e) Optional Funding for Reemployment Services and Reemployment
and Eligibility Assessment Activities.--In order to carry out section
4001(i)(2), a State may withhold up to $5 from any amount otherwise
payable to an individual under this title for any week.''.
SEC. 2163. STATE FLEXIBILITY TO SUPPORT LONG-TERM UNEMPLOYED WORKERS
WITH IMPROVED REEMPLOYMENT SERVICES.
Title IV of the Supplemental Appropriations Act, 2008 (Public Law
110-252; 26 U.S.C. 3304 note) is amended by adding at the end the
following:
``demonstration projects
``Sec. 4008. (a) The Secretary may enter into an agreement under
this section, with any State which has an agreement with the Secretary
under section 4001 and which submits an application under subsection
(b), for the purpose of allowing such State to divert, in any month, a
number of emergency unemployment compensation beneficiaries not to
exceed 20 percent of the total number of beneficiaries, attributable to
such State and receiving emergency unemployment compensation for the
first week of such month, to conduct demonstration projects to test and
evaluate measures designed--
``(1) to expedite the reemployment of individuals who
establish initial eligibility for unemployment compensation
under the State law of such State; or
``(2) to improve the effectiveness of a State in carrying
out its State law with respect to reemployment.
``(b) The Governor of any State desiring to conduct a demonstration
project under this section shall submit an application to the
Secretary. Any such application shall include--
``(1) a description of the activities to be carried out by
the State to assist in the reemployment of eligible individuals
to be served in accordance with this part, including activities
the State intends to carry out and an estimate of the amounts
the State intends to allocate to those respective activities;
``(2) a description of the performance outcomes to be
achieved by the State through the activities carried out under
this part, including the employment outcomes to be achieved by
participants and the processes the State will use to track
performance, consistent with guidance provided by the Secretary
regarding such outcomes and processes;
``(3) the timelines for implementation of the activities
described in the application and the number of emergency
unemployment compensation claimants expected to be enrolled in
such activities for each quarter;
``(4) assurances that the State will participate in the
evaluation activities carried out by the Secretary under this
section;
``(5) assurances that the State will provide appropriate
reemployment services to individuals participating in the
demonstration project;
``(6) assurances that the State will report such
information as the Secretary may require relating to fiscal,
performance and other matters, including employment outcomes.
``(7) the specific aspects of the project to which the
waiver would apply and the reasons why such waiver is needed;
``(8) a description of the goals and the expected
programmatic outcomes of the demonstration project, including
how the project would contribute to the objective described in
subsection (a)(1), subsection (a)(2), or both;
``(9) assurances (accompanied by supporting analysis) that
the demonstration project would not result in any increased net
costs to the emergency unemployment compensation program;
``(10) a description of the manner in which the State--
``(A) will conduct an impact evaluation, using a
control or comparison group or other valid methodology,
of the demonstration project; and
``(B) will determine the extent to which the goals
and outcomes described in paragraph (8) were achieved;
and
``(11) assurances that the State will provide any reports
relating to the demonstration project, after its approval, as
the Secretary may require.
``(c) Activities that may be pursued under a demonstration project
under this section, including--
``(1) subsidies for employer-provided training, such as
wage subsidies;
``(2) work sharing or short-time compensation; and
``(3) enhanced employment strategies, which may include
services such as--
``(A) assessments, counseling, and other intensive
services that are provided by staff on a one-to-one
basis and may be customized to meet the reemployment
needs of emergency unemployment compensation claimants
and individuals;
``(B) comprehensive assessments designed to
identify alternative career paths;
``(C) case management;
``(D) reemployment services that are provided more
frequently and more intensively than such reemployment
services have previously been provided by the State;
``(E) self-employment assistance programs;
``(F) services that are designed to enhance
communication skills, interviewing skills, and other
skills that would assist in obtaining reemployment;
``(G) direct disbursements to employers who hire
individuals receiving emergency unemployment
compensation to cover part of the cost of wages that
exceed the unemployed individual's prior benefit level;
and
``(H) other innovative activities which use a
strategy that is different from the reemployment
strategies described above and which are designed to
facilitate the reemployment of individuals receiving
emergency unemployment compensation.
``(d) The Secretary shall, in the case of any State for which an
application is submitted under subsection (b)--
``(1) notify the State as to whether such application has
been approved or denied within 30 days after receipt of a
complete application; and
``(2) provide public notice of the decision within 10 days
after providing notification to the State in accordance with
paragraph (1).
Public notice under paragraph (2) may be provided through the Internet
or other appropriate means. Any application under this section that has
not been denied within such 30 days shall be deemed approved, and
public notice of any approval under this sentence shall be provided
within 10 days thereafter.
``(e) The Secretary may terminate a demonstration project under
this section if the Secretary determines that the State has violated
the substantive terms or conditions of the project.
``(f) Authority to carry out a demonstration project under this
section shall terminate with respect to any State after compensation
under this title ceases to be payable with respect to such State.''.
SEC. 2164. PROMOTING PROGRAM INTEGRITY THROUGH BETTER RECOVERY OF
OVERPAYMENTS.
Section 4005(c)(1) of the Supplemental Appropriations Act, 2008
(Public Law 110-252; 26 U.S.C. 3304 note) is amended--
(1) by striking ``may'' and inserting ``shall'';
(2) by striking ``exceed'' and inserting ``be less than'';
and
(3) by striking ``made.'' and inserting ``made, unless the
amount to be repaid is less than 50 percent of the weekly
benefit amount.''.
SEC. 2165. RESTORE STATE FLEXIBILITY TO IMPROVE UNEMPLOYMENT PROGRAM
SOLVENCY.
Subsection (g) of section 4001 of the Supplemental Appropriations
Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note) is repealed.
Subtitle C--Medicare Extensions; Other Health Provisions
PART 1--MEDICARE EXTENSIONS
SEC. 2201. PHYSICIAN PAYMENT UPDATE.
(a) In General.--Section 1848(d) of the Social Security Act (42
U.S.C. 1395w-4(d)) is amended by adding at the end the following new
paragraph:
``(13) Update for 2012 and 2013.--
``(A) In general.--Subject to paragraphs (7)(B),
(8)(B), (9)(B), (10)(B), (11)(B), and (12)(B), in lieu
of the update to the single conversion factor
established in paragraph (1)(C) that would otherwise
apply for 2012 and for 2013, the update to the single
conversion factor shall be 1.0 percent for the year.
``(B) No effect on computation of conversion factor
for 2014 and subsequent years.--The conversion factor
under this subsection shall be computed under paragraph
(1)(A) for 2014 and subsequent years as if subparagraph
(A) had never applied.''.
(b) Mandated Studies on Physician Payment Reform.--
(1) Study by secretary on options for bundled or episode-
based payment.--
(A) In general.--The Secretary of Health and Human
Services shall conduct a study that examines options
for bundled or episode-based payments, to cover
physicians' services currently paid under the physician
fee schedule under section 1848 of the Social Security
Act (42 U.S.C. 1395w-4), for one or more prevalent
chronic conditions (such as cancer, diabetes, and
congestive heart failure) or episodes of care for one
or more major procedures (such as medical device
implantation). In conducting the study the Secretary
shall consult with medical professional societies and
other relevant stakeholders. The study shall include an
examination of related private payer payment
initiatives.
(B) Report.--Not later than January 1, 2013, the
Secretary shall submit to the Committees on Ways and
Means and Energy and Commerce of the House of
Representatives and the Committee on Finance in the
Senate a report on the study conducted under this
paragraph. The Secretary shall include in the report
recommendations on suitable alternative payment options
for services paid under such fee schedule and on
associated implementation requirements (such as
timelines, operational issues, and interactions with
other payment reform initiatives).
(2) GAO study of private payer initiatives.--
(A) In general.--The Comptroller General of the
United States shall conduct a study that examines
initiatives of private entities offering or
administering health insurance coverage, group health
plans, or other private health benefit plans to base or
adjust physician payment rates under such coverage or
plans for performance on quality and efficiency as well
as demonstration of care delivery improvement
activities (such as adherence to evidence based
guidelines and patient shared decision making
programs). In conducting such study, the Comptroller
General shall consult, to the extent appropriate, with
medical professional societies and other relevant
stakeholders.
(B) Report.--Not later than January 1, 2013, the
Comptroller General shall submit to the Committees on
Ways and Means and Energy and Commerce of the House of
Representatives and the Committee on Finance in the
Senate a report on the study conducted under this
paragraph. Such report shall include an assessment of
applicability of the payer initiatives described in
subparagraph (A) to the Medicare program and
recommendations on modifications to existing Medicare
performance-based payment initiatives.
(3) MedPAC study of aligning payment incentives.--Not later
than March 1, 2013, the Medicare Payment Advisory Commission
shall conduct a study, and submit to the Committees on Ways and
Means and Energy and Commerce of the House of Representatives
and the Committee on Finance in the Senate a report, that
examines the feasibility of aligning private payer quality and
efficiency programs with those in the Medicare program. In
conducting such study, the Medicare Payment Advisory Commission
shall consult with medical professional societies and other
relevant stakeholders. Such report shall include
recommendations on how to achieve such alignment.
(4) Collaboration.--The Secretary, Comptroller General, and
Commission may collaborate to the extent beneficial in
conducting their respective studies and submitting their
respective reports under this subsection.
(c) Study and Review of Measures To Improve Physician Payments,
Health Outcomes, and Efficiency.--During the 112th Congress, the
Committees on Energy and Commerce and Ways and Means of the House of
Representatives and the Committee on Finance in the Senate shall each
study and review value-based measures and practice arrangements which
may improve health outcomes and efficiency in the Medicare program to
the end of replacing the Medicare sustainable growth rate in a fiscally
responsible manner and establishing a sustainable payment system. In
conducting such study and review, the committees shall solicit comments
from stakeholder physician groups, including State medical
associations.
SEC. 2202. AMBULANCE ADD-ONS.
(a) Ground Ambulance.--Section 1834(l)(13)(A) of the Social
Security Act (42 U.S.C. 1395m(l)(13)(A)), as amended by section 106(a)
of the Medicare and Medicaid Extenders Act of 2010 (Public Law 111-
309), is amended--
(1) in the matter preceding clause (i), by striking
``2012'' and inserting ``2013''; and
(2) in each of clauses (i) and (ii), by striking ``2012''
and inserting ``2013'' each place it appears.
(b) Super Rural Ambulance.--Section 1834(l)(12)(A) of the Social
Security Act (42 U.S.C. 1395m(l)(12)(A)), as amended by section 106(c)
of the Medicare and Medicaid Extenders Act of 2010 (Public Law 111-
309), is amended in the first sentence by striking ``2012'' and
inserting ``2013''.
(c) GAO Report Update.--Not later than October 1, 2012, the
Comptroller General of the United States shall update the GAO report
GAO-07-383 (relating to Ambulance Providers: Costs and Expected
Medicare Margins Vary Greatly) to reflect current costs for ambulance
providers.
(d) MedPAC Report.--The Medicare Payment Advisory Commission shall
conduct a study of--
(1) the appropriateness of the add-on payments for
ambulance providers under paragraphs (12)(A) and (13)(A) of
section 1834(l) of the Social Security Act (42 U.S.C.
1395m(l));
(2) the effect these additional payments have on the
Medicare margins of ambulance providers; and
(3) whether there is a need to reform the Medicare
ambulance fee schedule under such section and, if so, what
should such reforms be, including rolling the add-on payments
into the base rate.
Not later than July 1, 2012, the Commission shall submit to the
Committees on Ways and Means and Energy and Commerce of the House of
Representatives and the Committee on Finance of the Senate a report on
such study and shall include in the report such recommendations as the
Commission deems appropriate.
(e) Effective Date.--The amendments made by subsections (a) and (b)
shall apply to ambulance services furnished on or after January 1,
2012.
SEC. 2203. MEDICARE PAYMENT FOR OUTPATIENT THERAPY SERVICES.
(a) Application of Additional Requirements.--Section 1833(g)(5) of
the Social Security Act (42 U.S.C. 1395l(g)(5)) is amended--
(1) by inserting ``(A)'' after ``(5)'';
(2) by striking ``December 31, 2011'' and inserting
``December 31, 2013'';
(3) in the first sentence, by inserting ``and if the
requirement of subparagraph (B) is met'' after ``medically
necessary'';
(4) in the second sentence, by inserting ``made in
accordance with such requirement'' after ``receipt of the
request''; and
(5) by adding at the end the following new subparagraphs:
``(B) In the case of outpatient therapy services for which an
exception is requested under the first sentence of subparagraph (A),
the claim for such services contains an appropriate modifier (such as
the KX modifier used as of the date of the enactment of this
subparagraph) indicating that such services are medically necessary as
justified by appropriate documentation in the medical record involved.
``(C)(i) In applying this paragraph with respect to a request for
an exception with respect to expenses that would be incurred for
outpatient therapy services (including services described in subsection
(a)(8)(B)) that would exceed the threshold described in clause (ii) for
a year, the request for such an exception, for services furnished on or
after July 1, 2012, shall be subject to a manual medical review process
that is similar to the manual medical review process used for certain
exceptions under this paragraph in 2006.
``(ii) The threshold under this clause for a year is $3,700. Such
threshold shall be applied separately--
``(I) for physical therapy services and speech-language
pathology services; and
``(II) for occupational therapy services.''.
(b) Application of Therapy Cap to Therapy Furnished as Part of
Hospital Outpatient Services.--Paragraphs (1) and (3) of section
1833(g) of such Act are each amended by striking ``but not described in
section 1833(a)(8)(B)'' and inserting ``but (with respect to services
furnished before July 1, 2012) not described in subsection (a)(8)(B)''.
(c) Requirement for Inclusion on Claims of NPI of Physician Who
Reviews Therapy Plan.--Section 1842(t) of such Act (42 U.S.C. 1395u(t))
is amended--
(1) by inserting ``(1)'' after ``(t)''; and
(2) by adding at the end the following new paragraph:
``(2) Each request for payment, or bill submitted, for therapy
services described in paragraph (1) or (3) of section 1833(g) furnished
on or after July 1, 2012, for which payment may be made under this part
shall include the national provider identifier of the physician who
periodically reviews the plan for such services under section
1861(p)(2).''.
(d) Implementation.--The Secretary of Health and Human Services
shall implement such claims processing edits and issue such guidance as
may be necessary to implement the amendments made by this section in a
timely manner. Notwithstanding any other provision of law, the
Secretary may implement the amendments made by this section by program
instruction. Of the amount of funds made available to the Secretary for
fiscal year 2012 for program management for the Centers for Medicare &
Medicaid Services, not to exceed $7,500,000 shall be available for such
fiscal year to carry out section 1833(g)(5)(C) of the Social Security
Act (relating to manual medical review), as added by subsection (a). Of
the amount of funds made available to the Secretary for fiscal year
2013 for such program management, not to exceed $7,500,000 shall be
available for such fiscal year to carry out such section.
(e) Effective Date.--The amendments made by subsection (a) shall
apply to services furnished on or after January 1, 2012.
(f) MedPAC Report on Improved Medicare Therapy Benefits.--Not later
than March 1, 2013, the Medicare Payment Advisory Commission shall
submit to the Committees on Energy and Commerce and Ways and Means of
the House of Representatives and to the Committee on Finance of the
Senate a report making recommendations on how to improve the outpatient
therapy benefit under part B of title XVIII of the Social Security Act.
The report shall include recommendations on how to reform the payment
system for such outpatient therapy services under such part so that the
benefit is better designed to reflect individual acuity, condition, and
therapy needs of the patient. Such report shall include an examination
of private sector initiatives relating to outpatient therapy benefits.
(g) Collection of Additional Data.--
(1) Strategy.--The Secretary of Health and Human Services
shall implement, beginning on January 1, 2013, a claims-based
data collection strategy that is designed to assist in
reforming the Medicare payment system for outpatient therapy
services subject to the limitations of section 1833(g) of the
Social Security Act. Such strategy shall be designed to provide
for the collection of data on patient function during the
course of therapy services in order to better understand
patient condition and outcomes.
(2) Consultation.--In proposing and implementing such
strategy, the Secretary shall consult with relevant
stakeholders.
(h) GAO Report on Manual Medical Review Process Implementation.--
Not later than May 1, 2013, the Comptroller General of the United
States shall submit to the Committees on Energy and Commerce and Ways
and Means of the House of Representatives and to the Committee on
Finance of the Senate a report on the implementation of the manual
medical review process referred to in section 1833(g)(5)(C) of the
Social Security Act. Such report shall include aggregate data on the
number of individuals and claims subject to such process, the number of
reviews conducted under such process, and the outcome of such reviews.
SEC. 2204. WORK GEOGRAPHIC ADJUSTMENT.
(a) In General.--Section 1848(e)(1)(E) of the Social Security Act
(42 U.S.C. 1395w-4(e)(1)(E)) is amended by striking ``January 1, 2012''
and inserting ``January 1, 2013''.
(b) Report.--Not later than June 1, 2012, the Medicare Payment
Advisory Commission shall submit to the Committees on Ways and Means
and Energy and Commerce of the House of Representatives and the
Committee on Finance of the Senate a report that assesses whether any
geographic adjustment is needed under section 1848 of the Social
Security Act (42 U.S.C. 1395w-4) to distinguish the difference in work
effort by geographic area and, if so, what that level should be and
where it should be applied. The report shall also assess the impact of
the work geographic adjustment under such section, including the extent
to which the floor impacts access to care.
PART 2--OTHER HEALTH PROVISIONS
SEC. 2211. QUALIFYING INDIVIDUAL (QI) PROGRAM.
(a) Extension.--Section 1902(a)(10)(E)(iv) of the Social Security
Act (42 U.S.C. 1396a(a)(10)(E)(iv)) is amended by striking ``December
2011'' and inserting ``December 2012''.
(b) Extending Total Amount Available for Allocation.--Section
1933(g) of such Act (42 U.S.C. 1396u-3(g)) is amended--
(1) in paragraph (2)--
(A) by striking ``and'' at the end of subparagraph
(O);
(B) in subparagraph (P), by striking the period at
the end and inserting a semicolon; and
(C) by adding at the end the following new
subparagraphs:
``(Q) for the period that begins on January 1,
2012, and ends on September 30, 2012, the total
allocation amount is $450,000,000; and
``(R) for the period that begins on October 1,
2012, and ends on December 31, 2012, the total
allocation amount is $280,000,000.''; and
(2) in paragraph (3), in the matter preceding subparagraph
(A), by striking ``or (P)'' and inserting ``(P), or (R)''.
SEC. 2212. EXTENSION OF TRANSITIONAL MEDICAL ASSISTANCE (TMA).
(a) Extension.--Sections 1902(e)(1)(B) and 1925(f) of the Social
Security Act (42 U.S.C. 1396a(e)(1)(B), 1396r-6(f)) are each amended by
striking ``December 31, 2011'' and inserting ``December 31, 2012''.
(b) Extending Application of Termination of Eligibility Based on
Income to Initial Extension Period.--
(1) Income reporting requirements.--Subsection (b)(2)(B)(i)
of section 1925 of such Act (42 U.S.C. 1396r-6) is amended--
(A) by striking ``additional extended assistance
under this subsection'' and inserting ``continued
extended assistance under subsection (a)''; and
(B) by inserting ``(and, in the case of a State
that makes an election under subsection (a)(5), the 7th
month and the 11th month)'' after ``4th month''.
(2) Termination.--Subsection (a)(3) of such section is
amended--
(A) in subparagraph (B)--
(i) by inserting ``or (D)'' after
``subparagraph (A)''; and
(ii) by striking the period at the end and
inserting the following: ``, which notice shall
include (in the case of termination under
subparagraph (D)(ii), relating to no continued
earnings) a description of how the family may
reestablish eligibility for medical assistance
under the State plan. No termination shall be
effective under subparagraph (D) earlier than
10 days after the date of mailing of such
notice.'';
(B) in subparagraph (C)--
(i) by designating the matter beginning
with ``With respect to'' as a clause (i) with
the heading ``Dependent children.--'' and
appropriate indentation; and
(ii) by adding at the end the following new
clause:
``(ii) Medically needy.--With respect to an
individual who would cease to receive medical
assistance because of subparagraph (D) but who
may be eligible for assistance under the State
plan because the individual is within a
category of person for which medical assistance
under the State plan is available under section
1902(a)(10)(C) (relating to medically needy
individuals), the State may not discontinue
such assistance under such subparagraph until
the State has determined that the individual is
not eligible for assistance under the plan.'';
and
(C) by adding at the end the following new
subparagraph:
``(D) Quarterly income reporting and test.--Subject
to subparagraphs (B) and (C), extension of assistance
during the 6-month period described in paragraph (1) to
a family shall terminate (during the period) at the
close of the 4th month of the 6-month period (or 4th,
7th, or 11th month in case of a State that makes an
election under paragraph (5)) if--
``(i) the family fails to report to the
State, by the 21st day of such month, the
information required under subsection
(b)(2)(B)(i), unless the family has
established, to the satisfaction of the State,
good cause for the failure to report on a
timely basis;
``(ii) the caretaker relative had no
earnings in one or more of the previous 3
months, unless such lack of any earnings was
due to an involuntary loss of employment,
illness, or other good cause, established to
the satisfaction of the State; or
``(iii) the State determines that the
family's average gross monthly earnings (less
such costs for such child care as is necessary
for the employment of the caretaker relative)
during the immediately preceding 3-month period
exceed 185 percent of the official poverty line
(as defined by the Office of Management and
Budget, and revised annually in accordance with
section 673(2) of the Omnibus Budget
Reconciliation Act of 1981) applicable to a
family of the size involved.
Information described in clause (i) shall be subject to
the restrictions on use and disclosure of information
provided under section 402(a)(9). Instead of
terminating a family's extension under clause (i), a
State, at its option, may provide for suspension of the
extension until the month after the month in which the
family reports information required under subsection
(b)(2)(B)(i), but only if the family's extension has
not otherwise been terminated under clause (ii) or
(iii). The State shall make determinations under clause
(iii) for a family each time a report under subsection
(b)(2)(B)(i) for the family is received.''.
(3) Effective date.--
(A) In general.--The amendments made by this
subsection shall, subject to subparagraph (B), apply to
assistance furnished for months beginning with January
2012.
(B) Transition for current beneficiaries.--
(i) In general.--Subject to clause (ii),
such amendments shall not apply to any
individual who is receiving extended assistance
under subsection (a) of section 1925 of the
Social Security Act for December 2011 during
the period of assistance that includes such
month.
(ii) Special rule for individuals eligible
for 12 months extended assistance.--In the case
of a State that makes an election under
paragraph (5) of such section, such amendments
shall apply to an individual who is receiving
such extended assistance for such month if such
month is within the first 6 months of the 12-
month period referred to in such paragraph but
only with respect to the second 6 months of
such 12-month period.
SEC. 2213. MODIFICATION TO REQUIREMENTS FOR QUALIFYING FOR EXCEPTION TO
MEDICARE PROHIBITION ON CERTAIN PHYSICIAN REFERRALS FOR
HOSPITALS.
(a) In General.--Section 1877(i) of the Social Security Act (42
U.S.C. 1395nn(i)) is amended--
(1) in paragraph (1)(A)--
(A) in the matter preceding clause (i), by striking
``had'';
(B) in clause (i), by inserting ``had'' before
``physician ownership''; and
(C) by amending clause (ii) to read as follows:
``(ii) either--
``(I) had a provider agreement
under section 1866 in effect on such
date; or
``(II) was under construction on
such date.''; and
(2) in paragraph (3)--
(A) by amending subparagraph (E) to read as
follows:
``(E) Applicable hospital.--In this paragraph, the
term `applicable hospital' means a hospital that does
not discriminate against beneficiaries of Federal
health care programs and does not permit physicians
practicing at the hospital to discriminate against such
beneficiaries.''; and
(B) in subparagraph (F)(iii), by striking
``subparagraph (E)(iii)'' and inserting ``subparagraph
(E)''.
(b) Effective Date.--The amendments made by subsection (a) shall be
effective as if as if included in the enactment of subsection (i) of
section 1877 of the Social Security Act (42 U.S.C. 1395nn).
PART 3--OFFSETS
SEC. 2221. ADJUSTMENTS TO MAXIMUM THRESHOLDS FOR RECAPTURING
OVERPAYMENTS RESULTING FROM CERTAIN FEDERALLY-SUBSIDIZED
HEALTH INSURANCE.
The table specified in clause (i) of section 36B(f)(2)(B) of the
Internal Revenue Code of 1986 is amended to read as follows:
----------------------------------------------------------------------------------------------------------------
``If the household income (expressed as a percent of
poverty line) is: The applicable dollar amount is:
----------------------------------------------------------------------------------------------------------------
Less than 100 percent $600
At least 100 percent and less than 150 percent $800
At least 150 percent but less than 200 percent $1,000
At least 200 percent but less than 250 percent $1,500
At least 250 percent but less than 300 percent $2,200
At least 300 percent but less than 350 percent $2,500
At least 350 percent but less than 400 percent $3,200.''.
----------------------------------------------------------------------------------------------------------------
SEC. 2222. PREVENTION AND PUBLIC HEALTH FUND.
Section 4002(b) of the Patient Protection and Affordable Care Act
(42 U.S.C. 300u-11(b)) is amended--
(1) in paragraph (3), by adding at the end ``and''; and
(2) by striking each of paragraphs (4) through (6) and
inserting the following:
``(4) for fiscal year 2013 and each subsequent fiscal year,
$640,000,000.''.
SEC. 2223. PARITY IN MEDICARE PAYMENTS FOR HOSPITAL OUTPATIENT
DEPARTMENT EVALUATION AND MANAGEMENT OFFICE VISIT
SERVICES.
Section 1833(t) of the Social Security Act (42 U.S.C. 1395l(t)) is
amended--
(1) in paragraph (3)--
(A) in subparagraph (D), by striking ``The
Secretary'' and inserting ``Subject to subparagraph
(H), the Secretary''; and
(B) by adding at the end the following new
subparagraph:
``(H) Parity in fee schedule amount for specified
evaluation and management services.--
``(i) In general.--In the case of covered
OPD services that are specified evaluation and
management services furnished during 2012 or a
subsequent year, there shall be substituted for
the medicare OPD fee schedule amount
established under subparagraph (D) for such
services and year, before application of any
geographic or other adjustment, an amount equal
to the product of the conversion factor
established under section 1848(d) for such year
and the amount by which--
``(I) the non-facility practice
expense relative value units under the
fee schedule under section 1848 for
such year for physicians' services that
are such specified evaluation and
management services; exceeds
``(II) the facility practice
expense relative value unit under such
fee schedule for such year and
services.
``(ii) Budget neutrality.--In determining
the adjustments under paragraph (9)(B) for 2012
or a subsequent year, the Secretary shall not
take into account under such paragraph or
paragraph (2)(E) any changes in expenditures
that result from the application of this
subparagraph.
``(iii) Specified evaluation and management
services defined.--For the purposes of this
subparagraph, the term `specified evaluation
and management services' means the HCPCS codes
in the range 99201 through 99215 as of January
1, 2011 (and such codes as subsequently
modified by the Secretary).''; and
(2) in paragraph (9)(B), by striking ``If the Secretary''
and inserting ``Subject to paragraph (3)(H)(ii), if the
Secretary''.
SEC. 2224. REDUCTION OF BAD DEBT TREATED AS AN ALLOWABLE COST.
(a) Hospitals.--Section 1861(v)(1)(T) of the Social Security Act
(42 U.S.C. 1395x(v)(1)(T)) is amended--
(1) in clause (iii), by striking ``and'' at the end;
(2) in clause (iv)--
(A) by striking ``a subsequent fiscal year'' and
inserting ``fiscal years 2001 through 2012''; and
(B) by striking the period at the end and inserting
``, and''; and
(3) by adding at the end the following:
``(v) for cost reporting periods beginning
during fiscal year 2013, by 35 percent of such
amount otherwise allowable,
``(vi) for cost reporting periods beginning
during fiscal year 2014, by 40 percent of such
amount otherwise allowable, and
``(vii) for cost reporting periods
beginning during a subsequent fiscal year, by
45 percent of such amount otherwise
allowable.''.
(b) Skilled Nursing Facilities.--Section 1861(v)(1)(V) of such Act
(42 U.S.C. 1395x(v)(1)(V)) is amended--
(1) in the matter preceding clause (i), by striking ``with
respect to cost reporting periods beginning on or after October
1, 2005'' and inserting ``and (beginning with respect to cost
reporting periods beginning during fiscal year 2013) for
covered skilled nursing services described in section
1888(e)(2)(A) furnished by hospital providers of extended care
services (as described in section 1883)'';
(2) in clause (i), by striking ``reduced by'' and all that
follows through ``allowable; and'' and inserting the following:
``reduced by--
``(I) for cost reporting periods
beginning on or after October 1, 2005,
but before fiscal year 2013, 30 percent
of such amount otherwise allowable;
``(II) for cost reporting periods
beginning during fiscal year 2013, by
35 percent of such amount otherwise
allowable;
``(III) for cost reporting periods
beginning during fiscal year 2014, by
40 percent of such amount otherwise
allowable; and
``(IV) for cost reporting periods
beginning during a subsequent fiscal
year, by 45 percent of such amount
otherwise allowable; and''; and
(3) in clause (ii), by striking ``such section shall not be
reduced.'' and inserting ``such section--
``(I) for cost reporting periods
beginning on or after October 1, 2005,
but before fiscal year 2013, shall not
be reduced;
``(II) for cost reporting periods
beginning during fiscal year 2013,
shall be reduced by 15 percent of such
amount otherwise allowable;
``(III) for cost reporting periods
beginning during fiscal year 2014,
shall be reduced by 30 percent of such
amount otherwise allowable; and
``(IV) for cost reporting periods
beginning during a subsequent fiscal
year, shall be reduced by 45 percent of
such amount otherwise allowable.''.
(c) Certain Other Providers.--Section 1861(v)(1) of such Act (42
U.S.C. 1395x(v)(1)) is amended by adding at the end the following new
subparagraph:
``(W)(i) In determining such reasonable costs for providers
described in clause (ii), the amount of bad debts otherwise treated as
allowable costs which are attributable to deductibles and coinsurance
amounts under this title shall be reduced--
``(I) for cost reporting periods beginning during fiscal
year 2013, by 15 percent of such amount otherwise allowable;
``(II) for cost reporting periods beginning during fiscal
year 2014, by 30 percent of such amount otherwise allowable;
and
``(III) for cost reporting periods beginning during a
subsequent fiscal year, by 45 percent of such amount otherwise
allowable.
``(ii) A provider described in this clause is a provider of
services not described in subparagraph (T) or (V), a supplier, or any
other type of entity that receives payment for bad debts under the
authority under subparagraph (A).''.
(d) Conforming Amendment for Hospital Services.--Section 4008(c) of
the Omnibus Budget Reconciliation Act of 1987, as amended by section
8402 of the Technical and Miscellaneous Revenue Act of 1988 and section
6023 of the Omnibus Budget Reconciliation Act of 1989, is amended by
adding at the end the following new sentence: ``Effective for cost
reporting periods beginning on or after October 1, 2012, the provisions
of the previous two sentences shall not apply.''.
SEC. 2225. REBASING OF STATE DSH ALLOTMENTS FOR FISCAL YEAR 2021.
Section 1923(f) of the Social Security Act (42 U.S.C. 1396r-4(f))
is amended--
(1) by redesignating paragraph (8) as paragraph (9);
(2) in paragraph (3)(A) by striking ``paragraphs (6) and
(7)'' and inserting ``paragraphs (6), (7), and (8)''; and
(3) by inserting after paragraph (7) the following new
paragraph:
``(8) Rebasing of state dsh allotments for fiscal year
2021.--With respect to fiscal 2021 and each subsequent fiscal
year, for purposes of applying paragraph (3)(A) to determine
the DSH allotment for a State, the amount of the DSH allotment
for the State under paragraph (3) for fiscal year 2020 shall be
treated as if it were such amount as reduced under paragraph
(7).''.
Subtitle D--TANF Extension
SEC. 2301. SHORT TITLE.
This subtitle may be cited as the ``Welfare Integrity and Data
Improvement Act''.
SEC. 2302. EXTENSION OF PROGRAM.
(a) Family Assistance Grants.--Section 403(a)(1) of the Social
Security Act (42 U.S.C. 603(a)(1)) is amended--
(1) in subparagraph (A), by striking ``each of fiscal years
1996'' and all that follows through ``2003'' and inserting
``fiscal year 2012'';
(2) in subparagraph (B)--
(A) by inserting ``(as in effect just before the
enactment of the Welfare Integrity and Data Improvement
Act)'' after ``this paragraph'' the 1st place it
appears; and
(B) by inserting ``(as so in effect)'' after ``this
paragraph'' the 2nd place it appears; and
(3) in subparagraph (C), by striking ``2003'' and inserting
``2012''.
(b) Healthy Marriage Promotion and Responsible Fatherhood Grants.--
Section 403(a)(2)(D) of such Act (42 U.S.C. 603(a)(2)(D)) is amended by
striking ``2011'' and inserting ``2012''.
(c) Maintenance of Effort Requirement.--Section 409(a)(7) of such
Act (42 U.S.C. 609(a)(7)) is amended--
(1) in subparagraph (A), by striking ``fiscal year'' and
all that follows through ``2012'' and inserting ``a fiscal
year''; and
(2) in subparagraph (B)(ii)--
(A) by striking ``for fiscal years 1997 through
2011,''; and
(B) by striking ``407(a) for the fiscal year,'' and
inserting ``407(a),''.
(d) Tribal Grants.--Section 412(a) of such Act (42 U.S.C. 612(a))
is amended in each of paragraphs (1)(A) and (2)(A) by striking ``each
of fiscal years 1997'' and all that follows through ``2003'' and
inserting ``fiscal year 2012''.
(e) Studies and Demonstrations.--Section 413(h)(1) of such Act (42
U.S.C. 613(h)(1)) is amended by striking ``each of fiscal years 1997
through 2002'' and inserting ``fiscal year 2012''.
(f) Census Bureau Study.--Section 414(b) of such Act (42 U.S.C.
614(b)) is amended by striking ``each of fiscal years 1996'' and all
that follows through ``2003'' and inserting ``fiscal year 2012''.
(g) Child Care Entitlement.--Section 418(a)(3) of such Act (42
U.S.C. 618(a)(3)) is amended by striking ``appropriated'' and all that
follows and inserting ``appropriated $2,917,000,000 for fiscal year
2012.''.
(h) Grants to Territories.--Section 1108(b)(2) of such Act (42
U.S.C. 1308(b)(2)) is amended by striking ``for fiscal years 1997
through 2003'' and inserting ``fiscal year 2012''.
(i) Prevention of Duplicate Appropriations for Fiscal Year 2012.--
Expenditures made pursuant to the Short-Term TANF Extension Act (Public
Law 112-35) or section 403(b) of the Social Security Act for fiscal
year 2012 shall be charged to the applicable appropriation or
authorization provided by the amendments made by this section for such
fiscal year.
(j) Effective Date.--This section and the amendments made by this
section shall take effect on the date of the enactment of this Act.
SEC. 2303. DATA STANDARDIZATION.
(a) In General.--Section 411 of the Social Security Act (42 U.S.C.
611) is amended by adding at the end the following:
``(d) Data Standardization.--
``(1) Standard data elements.--
``(A) Designation.--The Secretary, in consultation
with an interagency work group which shall be
established by the Office of Management and Budget, and
considering State and tribal perspectives, shall, by
rule, designate standard data elements for any category
of information required to be reported under this part.
``(B) Requirements.--In designating the standard
data elements, the Secretary shall, to the extent
practicable--
``(i) ensure that the data elements are
nonproprietary and interoperable;
``(ii) incorporate interoperable standards
developed and maintained by an international
voluntary consensus standards body, as defined
by the Office of Management and Budget, such as
the International Organization for
Standardization;
``(iii) incorporate interoperable standards
developed and maintained by intergovernmental
partnerships, such as the National Information
Exchange Model; and
``(iv) incorporate interoperable standards
developed and maintained by Federal entities
with authority over contracting and financial
assistance, such as the Federal Acquisition
Regulatory Council.
``(2) Data reporting standards.--
``(A) Designation.--The Secretary, in consultation
with an interagency work group established by the
Office of Management and Budget, and considering State
and tribal perspectives, shall, by rule, designate
standards to govern the data reporting required under
this part.
``(B) Requirements.--In designating the data
reporting standards, the Secretary shall, to the extent
practicable, incorporate existing nonproprietary
standards, such as the eXtensible Business Reporting
Language. Such standards shall, to the extent
practicable--
``(i) incorporate a widely-accepted,
nonproprietary, searchable, computer-readable
format;
``(ii) be consistent with and implement
applicable accounting principles; and
``(iii) be capable of being continually
upgraded as necessary.''.
(b) Applicability.--The amendments made by this subsection shall
apply with respect to information required to be reported on or after
October 1, 2012.
SEC. 2304. SPENDING POLICIES FOR ASSISTANCE UNDER STATE TANF PROGRAMS.
(a) State Requirement.--Section 408(a) of the Social Security Act
(42 U.S.C. 608(a)) is amended by adding at the end the following:
``(12) State requirement to prevent unauthorized spending
of benefits.--
``(A) In general.--A State to which a grant is made
under section 403 shall maintain policies and practices
as necessary to prevent assistance provided under the
State program funded under this part from being used in
any transaction in--
``(i) any liquor store;
``(ii) any casino, gambling casino, or
gaming establishment; or
``(iii) any retail establishment which
provides adult-oriented entertainment in which
performers disrobe or perform in an unclothed
state for entertainment.
``(B) Definitions.--For purposes of subparagraph
(A)--
``(i) Liquor store.--The term `liquor
store' means any retail establishment which
sells exclusively or primarily intoxicating
liquor. Such term does not include a grocery
store which sells both intoxicating liquor and
groceries including staple foods (within the
meaning of section 3(r) of the Food and
Nutrition Act of 2008 (7 U.S.C. 2012(r))).
``(ii) Casino, gambling casino, or gaming
establishment.--The terms `casino', `gambling
casino', and `gaming establishment' do not
include a grocery store which sells groceries
including such staple foods and which also
offers, or is located within the same building
or complex as, casino, gambling, or gaming
activities.''.
(b) Penalty.--Section 409(a) of such Act (42 U.S.C. 609(a)) is
amended by adding at the end the following:
``(16) Penalty for failure to enforce spending policies.--
``(A) In general.--If, within 2 years after the
date of the enactment of this paragraph, any State has
not reported to the Secretary on such State's
implementation of the policies and practices required
by section 408(a)(12), or the Secretary determines that
any State has not implemented and maintained such
policies and practices, the Secretary shall reduce, by
an amount equal to 5 percent of the State family
assistance grant, the grant payable to such State under
section 403(a)(1) for--
``(i) the fiscal year immediately
succeeding the year in which such 2-year period
ends; and
``(ii) each succeeding fiscal year in which
the State does not demonstrate that such State
has implemented and maintained such policies
and practices.
``(B) Reduction of applicable penalty.--The
Secretary may reduce the amount of the reduction
required under subparagraph (A) based on the degree of
noncompliance of the State.
``(C) State not responsible for individual
violations.--Fraudulent activity by any individual in
an attempt to circumvent the policies and practices
required by section 408(a)(12) shall not trigger a
State penalty under subparagraph (A).''.
(c) Conforming Amendment.--Section 409(c)(4) of such Act (42 U.S.C.
609(c)(4)) is amended by striking ``or (13)'' and inserting ``(13), or
(16)''.
SEC. 2305. TECHNICAL CORRECTIONS.
(a) Section 404(d)(1)(A) of the Social Security Act (42 U.S.C.
604(d)(1)(A)) is amended by striking ``subtitle 1 of Title'' and
inserting ``Subtitle A of title''.
(b) Sections 407(c)(2)(A)(i) and 409(a)(3)(C) of such Act (42
U.S.C. 607(c)(2)(A)(i) and 609(a)(3)(C)) are each amended by striking
``403(b)(6)'' and inserting ``403(b)(5)''.
(c) Section 409(a)(2)(A) of such Act (42 U.S.C. 609(a)(2)(A)) is
amended by moving clauses (i) and (ii) 2 ems to the right.
(d) Section 409(c)(2) of such Act (42 U.S.C. 609(c)(2)) is amended
by inserting a comma after ``appropriate''.
(e) Section 411(a)(1)(A)(ii)(III) of such Act (42 U.S.C.
611(a)(1)(A)(ii)(III)) is amended by striking the last close
parenthesis.
TITLE III--FLOOD INSURANCE REFORM
SEC. 3001. SHORT TITLE.
This title may be cited as the ``Flood Insurance Reform Act of
2011''.
SEC. 3002. EXTENSIONS.
(a) Extension of Program.--Section 1319 of the National Flood
Insurance Act of 1968 (42 U.S.C. 4026) is amended by striking
``September 30, 2011'' and inserting ``September 30, 2016''.
(b) Extension of Financing.--Section 1309(a) of such Act (42 U.S.C.
4016(a)) is amended by striking ``September 30, 2011'' and inserting
``September 30, 2016''.
SEC. 3003. MANDATORY PURCHASE.
(a) Authority To Temporarily Suspend Mandatory Purchase
Requirement.--
(1) In general.--Section 102 of the Flood Disaster
Protection Act of 1973 (42 U.S.C. 4012a) is amended by adding
at the end the following new subsection:
``(i) Authority To Temporarily Suspend Mandatory Purchase
Requirement.--
``(1) Finding by administrator that area is an eligible
area.--For any area, upon a request submitted to the
Administrator by a local government authority having
jurisdiction over any portion of the area, the Administrator
shall make a finding of whether the area is an eligible area
under paragraph (3). If the Administrator finds that such area
is an eligible area, the Administrator shall, in the discretion
of the Administrator, designate a period during which such
finding shall be effective, which shall not be longer in
duration than 12 months.
``(2) Suspension of mandatory purchase requirement.--If the
Administrator makes a finding under paragraph (1) that an area
is an eligible area under paragraph (3), during the period
specified in the finding, the designation of such eligible area
as an area having special flood hazards shall not be effective
for purposes of subsections (a), (b), and (e) of this section,
and section 202(a) of this Act. Nothing in this paragraph may
be construed to prevent any lender, servicer, regulated lending
institution, Federal agency lender, the Federal National
Mortgage Association, or the Federal Home Loan Mortgage
Corporation, at the discretion of such entity, from requiring
the purchase of flood insurance coverage in connection with the
making, increasing, extending, or renewing of a loan secured by
improved real estate or a mobile home located or to be located
in such eligible area during such period or a lender or
servicer from purchasing coverage on behalf of a borrower
pursuant to subsection (e).
``(3) Eligible areas.--An eligible area under this
paragraph is an area that is designated or will, pursuant to
any issuance, revision, updating, or other change in flood
insurance maps that takes effect on or after the date of the
enactment of the Flood Insurance Reform Act of 2011, become
designated as an area having special flood hazards and that
meets any one of the following 3 requirements:
``(A) Areas with no history of special flood
hazards.--The area does not include any area that has
ever previously been designated as an area having
special flood hazards.
``(B) Areas with flood protection systems under
improvements.--The area was intended to be protected by
a flood protection system--
``(i) that has been decertified, or is
required to be certified, as providing
protection for the 100-year frequency flood
standard;
``(ii) that is being improved, constructed,
or reconstructed; and
``(iii) for which the Administrator has
determined measurable progress toward
completion of such improvement, construction,
reconstruction is being made and toward
securing financial commitments sufficient to
fund such completion.
``(C) Areas for which appeal has been filed.--An
area for which a community has appealed designation of
the area as having special flood hazards in a timely
manner under section 1363.
``(4) Extension of delay.--Upon a request submitted by a
local government authority having jurisdiction over any portion
of the eligible area, the Administrator may extend the period
during which a finding under paragraph (1) shall be effective,
except that--
``(A) each such extension under this paragraph
shall not be for a period exceeding 12 months; and
``(B) for any area, the cumulative number of such
extensions may not exceed 2.
``(5) Additional extension for communities making more than
adequate progress on flood protection system.--
``(A) Extension.--
``(i) Authority.--Except as provided in
subparagraph (B), in the case of an eligible
area for which the Administrator has, pursuant
to paragraph (4), extended the period of
effectiveness of the finding under paragraph
(1) for the area, upon a request submitted by a
local government authority having jurisdiction
over any portion of the eligible area, if the
Administrator finds that more than adequate
progress has been made on the construction of a
flood protection system for such area, as
determined in accordance with the last sentence
of section 1307(e) of the National Flood
Insurance Act of 1968 (42 U.S.C. 4014(e)), the
Administrator may, in the discretion of the
Administrator, further extend the period during
which the finding under paragraph (1) shall be
effective for such area for an additional 12
months.
``(ii) Limit.--For any eligible area, the
cumulative number of extensions under this
subparagraph may not exceed 2.
``(B) Exclusion for new mortgages.--
``(i) Exclusion.--Any extension under
subparagraph (A) of this paragraph of a finding
under paragraph (1) shall not be effective with
respect to any excluded property after the
origination, increase, extension, or renewal of
the loan referred to in clause (ii)(II) for the
property.
``(ii) Excluded properties.--For purposes
of this subparagraph, the term `excluded
property' means any improved real estate or
mobile home--
``(I) that is located in an
eligible area; and
``(II) for which, during the period
that any extension under subparagraph
(A) of this paragraph of a finding
under paragraph (1) is otherwise in
effect for the eligible area in which
such property is located--
``(aa) a loan that is
secured by the property is
originated; or
``(bb) any existing loan
that is secured by the property
is increased, extended, or
renewed.
``(6) Rule of construction.--Nothing in this subsection may
be construed to affect the applicability of a designation of
any area as an area having special flood hazards for purposes
of the availability of flood insurance coverage, criteria for
land management and use, notification of flood hazards,
eligibility for mitigation assistance, or any other purpose or
provision not specifically referred to in paragraph (2).
``(7) Reports.--The Administrator shall, in each annual
report submitted pursuant to section 1320, include information
identifying each finding under paragraph (1) by the
Administrator during the preceding year that an area is an area
having special flood hazards, the basis for each such finding,
any extensions pursuant to paragraph (4) of the periods of
effectiveness of such findings, and the reasons for such
extensions.''.
(2) No refunds.--Nothing in this subsection or the
amendments made by this subsection may be construed to
authorize or require any payment or refund for flood insurance
coverage purchased for any property that covered any period
during which such coverage is not required for the property
pursuant to the applicability of the amendment made by
paragraph (1).
(b) Termination of Force-Placed Insurance.--Section 102(e) of the
Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a(e)) is amended--
(1) in paragraph (2), by striking ``insurance.'' and
inserting ``insurance, including premiums or fees incurred for
coverage beginning on the date on which flood insurance
coverage lapsed or did not provide a sufficient coverage
amount.'';
(2) by redesignating paragraphs (3) and (4) as paragraphs
(5) and 6), respectively; and
(3) by inserting after paragraph (2) the following new
paragraphs:
``(3) Termination of force-placed insurance.--Within 30
days of receipt by the lender or servicer of a confirmation of
a borrower's existing flood insurance coverage, the lender or
servicer shall--
``(A) terminate the force-placed insurance; and
``(B) refund to the borrower all force-placed
insurance premiums paid by the borrower during any
period during which the borrower's flood insurance
coverage and the force-placed flood insurance coverage
were each in effect, and any related fees charged to
the borrower with respect to the force-placed insurance
during such period.
``(4) Sufficiency of demonstration.--For purposes of
confirming a borrower's existing flood insurance coverage, a
lender or servicer for a loan shall accept from the borrower an
insurance policy declarations page that includes the existing
flood insurance policy number and the identity of, and contact
information for, the insurance company or agent.''.
(c) Use of Private Insurance To Satisfy Mandatory Purchase
Requirement.--Section 102(b) of the Flood Disaster Protection Act of
1973 (42 U.S.C. 4012a(b)) is amended--
(1) in paragraph (1)--
(A) by striking ``lending institutions not to
make'' and inserting ``lending institutions--
``(A) not to make'';
(B) in subparagraph (A), as designated by
subparagraph (A) of this paragraph, by striking
``less.'' and inserting ``less; and''; and
(C) by adding at the end the following new
subparagraph:
``(B) to accept private flood insurance as
satisfaction of the flood insurance coverage
requirement under subparagraph (A) if the coverage
provided by such private flood insurance meets the
requirements for coverage under such subparagraph.'';
(2) in paragraph (2), by inserting after ``provided in
paragraph (1).'' the following new sentence: ``Each Federal
agency lender shall accept private flood insurance as
satisfaction of the flood insurance coverage requirement under
the preceding sentence if the flood insurance coverage provided
by such private flood insurance meets the requirements for
coverage under such sentence.'';
(3) in paragraph (3), in the matter following subparagraph
(B), by adding at the end the following new sentence: ``The
Federal National Mortgage Association and the Federal Home Loan
Mortgage Corporation shall accept private flood insurance as
satisfaction of the flood insurance coverage requirement under
the preceding sentence if the flood insurance coverage provided
by such private flood insurance meets the requirements for
coverage under such sentence.''; and
(4) by adding at the end the following new paragraph:
``(5) Private flood insurance defined.--In this subsection,
the term `private flood insurance' means a contract for flood
insurance coverage allowed for sale under the laws of any
State.''.
SEC. 3004. REFORMS OF COVERAGE TERMS.
(a) Minimum Deductibles for Claims.--Section 1312 of the National
Flood Insurance Act of 1968 (42 U.S.C. 4019) is amended--
(1) by striking ``The Director is'' and inserting the
following: ``(a) In General.--The Administrator is''; and
(2) by adding at the end the following:
``(b) Minimum Annual Deductibles.--
``(1) Subsidized rate properties.--For any structure that
is covered by flood insurance under this title, and for which
the chargeable rate for such coverage is less than the
applicable estimated risk premium rate under section 1307(a)(1)
for the area (or subdivision thereof) in which such structure
is located, the minimum annual deductible for damage to or loss
of such structure shall be $2,000.
``(2) Actuarial rate properties.--For any structure that is
covered by flood insurance under this title, for which the
chargeable rate for such coverage is not less than the
applicable estimated risk premium rate under section 1307(a)(1)
for the area (or subdivision thereof) in which such structure
is located, the minimum annual deductible for damage to or loss
of such structure shall be $1,000.''.
(b) Clarification of Residential and Commercial Coverage Limits.--
Section 1306(b) of the National Flood Insurance Act of 1968 (42 U.S.C.
4013(b)) is amended--
(1) in paragraph (2)--
(A) by striking ``in the case of any residential
property'' and inserting ``in the case of any
residential building designed for the occupancy of from
one to four families''; and
(B) by striking ``shall be made available to every
insured upon renewal and every applicant for insurance
so as to enable such insured or applicant to receive
coverage up to a total amount (including such limits
specified in paragraph (1)(A)(i)) of $250,000'' and
inserting ``shall be made available, with respect to
any single such building, up to an aggregate liability
(including such limits specified in paragraph
(1)(A)(i)) of $250,000''; and
(2) in paragraph (4)--
(A) by striking ``in the case of any nonresidential
property, including churches,'' and inserting ``in the
case of any nonresidential building, including a
church,''; and
(B) by striking ``shall be made available to every
insured upon renewal and every applicant for insurance,
in respect to any single structure, up to a total
amount (including such limit specified in subparagraph
(B) or (C) of paragraph (1), as applicable) of $500,000
for each structure and $500,000 for any contents
related to each structure'' and inserting ``shall be
made available with respect to any single such
building, up to an aggregate liability (including such
limits specified in subparagraph (B) or (C) of
paragraph (1), as applicable) of $500,000, and coverage
shall be made available up to a total of $500,000
aggregate liability for contents owned by the building
owner and $500,000 aggregate liability for each unit
within the building for contents owned by the tenant''.
(c) Indexing of Maximum Coverage Limits.--Subsection (b) of section
1306 of the National Flood Insurance Act of 1968 (42 U.S.C. 4013(b)) is
amended--
(1) in paragraph (4), by striking ``and'' at the end;
(2) in paragraph (5), by striking the period at the end and
inserting ``; and'';
(3) by redesignating paragraph (5) as paragraph (7); and
(4) by adding at the end the following new paragraph:
``(8) each of the dollar amount limitations under
paragraphs (2), (3), (4), (5), and (6) shall be adjusted
effective on the date of the enactment of the Flood Insurance
Reform Act of 2011, such adjustments shall be calculated using
the percentage change, over the period beginning on September
30, 1994, and ending on such date of enactment, in such
inflationary index as the Administrator shall, by regulation,
specify, and the dollar amount of such adjustment shall be
rounded to the next lower dollar; and the Administrator shall
cause to be published in the Federal Register the adjustments
under this paragraph to such dollar amount limitations; except
that in the case of coverage for a property that is made
available, pursuant to this paragraph, in an amount that
exceeds the limitation otherwise applicable to such coverage as
specified in paragraph (2), (3), (4), (5), or (6), the total of
such coverage shall be made available only at chargeable rates
that are not less than the estimated premium rates for such
coverage determined in accordance with section 1307(a)(1).''.
(d) Optional Coverage for Loss of Use of Personal Residence and
Business Interruption.--Subsection (b) of section 1306 of the National
Flood Insurance Act of 1968 (42 U.S.C. 4013(b)), as amended by the
preceding provisions of this section, is further amended by inserting
after paragraph (4) the following new paragraphs:
``(5) the Administrator may provide that, in the case of
any residential property, each renewal or new contract for
flood insurance coverage may provide not more than $5,000
aggregate liability per dwelling unit for any necessary
increases in living expenses incurred by the insured when
losses from a flood make the residence unfit to live in, except
that--
``(A) purchase of such coverage shall be at the
option of the insured;
``(B) any such coverage shall be made available
only at chargeable rates that are not less than the
estimated premium rates for such coverage determined in
accordance with section 1307(a)(1); and
``(C) the Administrator may make such coverage
available only if the Administrator makes a
determination and causes notice of such determination
to be published in the Federal Register that--
``(i) a competitive private insurance
market for such coverage does not exist; and
``(ii) the national flood insurance program
has the capacity to make such coverage
available without borrowing funds from the
Secretary of the Treasury under section 1309 or
otherwise;
``(6) the Administrator may provide that, in the case of
any commercial property or other residential property,
including multifamily rental property, coverage for losses
resulting from any partial or total interruption of the
insured's business caused by damage to, or loss of, such
property from a flood may be made available to every insured
upon renewal and every applicant, up to a total amount of
$20,000 per property, except that--
``(A) purchase of such coverage shall be at the
option of the insured;
``(B) any such coverage shall be made available
only at chargeable rates that are not less than the
estimated premium rates for such coverage determined in
accordance with section 1307(a)(1); and
``(C) the Administrator may make such coverage
available only if the Administrator makes a
determination and causes notice of such determination
to be published in the Federal Register that--
``(i) a competitive private insurance
market for such coverage does not exist; and
``(ii) the national flood insurance program
has the capacity to make such coverage
available without borrowing funds from the
Secretary of the Treasury under section 1309 or
otherwise;''.
(e) Payment of Premiums in Installments for Residential
Properties.--Section 1306 of the National Flood Insurance Act of 1968
(42 U.S.C. 4013) is amended by adding at the end the following new
subsection:
``(d) Payment of Premiums in Installments for Residential
Properties.--
``(1) Authority.--In addition to any other terms and
conditions under subsection (a), such regulations shall provide
that, in the case of any residential property, premiums for
flood insurance coverage made available under this title for
such property may be paid in installments.
``(2) Limitations.--In implementing the authority under
paragraph (1), the Administrator may establish increased
chargeable premium rates and surcharges, and deny coverage and
establish such other sanctions, as the Administrator considers
necessary to ensure that insureds purchase, pay for, and
maintain coverage for the full term of a contract for flood
insurance coverage or to prevent insureds from purchasing
coverage only for periods during a year when risk of flooding
is comparatively higher or canceling coverage for periods when
such risk is comparatively lower.''.
(f) Effective Date of Policies Covering Properties Affected by
Floods in Progress.--Paragraph (1) of section 1306(c) of the National
Flood Insurance Act of 1968 (42 U.S.C. 4013(c)) is amended by adding
after the period at the end the following: ``With respect to any flood
that has commenced or is in progress before the expiration of such 30-
day period, such flood insurance coverage for a property shall take
effect upon the expiration of such 30-day period and shall cover damage
to such property occurring after the expiration of such period that
results from such flood, but only if the property has not suffered
damage or loss as a result of such flood before the expiration of such
30-day period.''.
SEC. 3005. REFORMS OF PREMIUM RATES.
(a) Increase in Annual Limitation on Premium Increases.--Section
1308(e) of the National Flood Insurance Act of 1968 (42 U.S.C. 4015(e))
is amended by striking ``10 percent'' and inserting ``20 percent''.
(b) Phase-In of Rates for Certain Properties in Newly Mapped
Areas.--
(1) In general.--Section 1308 of the National Flood
Insurance Act of 1968 (42 U.S.C. 4015) is amended--
(A) in subsection (a), in the matter preceding
paragraph (1), by inserting ``or notice'' after
``prescribe by regulation'';
(B) in subsection (c), by inserting ``and
subsection (g)'' before the first comma; and
(C) by adding at the end the following new
subsection:
``(g) 5-Year Phase-In of Flood Insurance Rates for Certain
Properties in Newly Mapped Areas.--
``(1) 5-year phase-in period.--Notwithstanding subsection
(c) or any other provision of law relating to chargeable risk
premium rates for flood insurance coverage under this title, in
the case of any area that was not previously designated as an
area having special flood hazards and that, pursuant to any
issuance, revision, updating, or other change in flood
insurance maps, becomes designated as such an area, during the
5-year period that begins, except as provided in paragraph (2),
upon the date that such maps, as issued, revised, updated, or
otherwise changed, become effective, the chargeable premium
rate for flood insurance under this title with respect to any
covered property that is located within such area shall be the
rate described in paragraph (3).
``(2) Applicability to preferred risk rate areas.--In the
case of any area described in paragraph (1) that consists of or
includes an area that, as of date of the effectiveness of the
flood insurance maps for such area referred to in paragraph (1)
as so issued, revised, updated, or changed, is eligible for any
reason for preferred risk rate method premiums for flood
insurance coverage and was eligible for such premiums as of the
enactment of the Flood Insurance Reform Act of 2011, the 5-year
period referred to in paragraph (1) for such area eligible for
preferred risk rate method premiums shall begin upon the
expiration of the period during which such area is eligible for
such preferred risk rate method premiums.
``(3) Phase-in of full actuarial rates.--With respect to
any area described in paragraph (1), the chargeable risk
premium rate for flood insurance under this title for a covered
property that is located in such area shall be--
``(A) for the first year of the 5-year period
referred to in paragraph (1), the greater of--
``(i) 20 percent of the chargeable risk
premium rate otherwise applicable under this
title to the property; and
``(ii) in the case of any property that, as
of the beginning of such first year, is
eligible for preferred risk rate method
premiums for flood insurance coverage, such
preferred risk rate method premium for the
property;
``(B) for the second year of such 5-year period, 40
percent of the chargeable risk premium rate otherwise
applicable under this title to the property;
``(C) for the third year of such 5-year period, 60
percent of the chargeable risk premium rate otherwise
applicable under this title to the property;
``(D) for the fourth year of such 5-year period, 80
percent of the chargeable risk premium rate otherwise
applicable under this title to the property; and
``(E) for the fifth year of such 5-year period, 100
percent of the chargeable risk premium rate otherwise
applicable under this title to the property.
``(4) Covered properties.--For purposes of the subsection,
the term `covered property' means any residential property
occupied by its owner or a bona fide tenant as a primary
residence.''.
(2) Regulation or notice.--The Administrator of the Federal
Emergency Management Agency shall issue an interim final rule
or notice to implement this subsection and the amendments made
by this subsection as soon as practicable after the date of the
enactment of this Act.
(c) Phase-In of Actuarial Rates for Certain Properties.--
(1) In general.--Section 1308(c) of the National Flood
Insurance Act of 1968 (42 U.S.C. 4015(c)) is amended--
(A) by redesignating paragraph (2) as paragraph
(7); and
(B) by inserting after paragraph (1) the following
new paragraphs:
``(2) Commercial properties.--Any nonresidential property.
``(3) Second homes and vacation homes.--Any residential
property that is not the primary residence of any individual.
``(4) Homes sold to new owners.--Any single family property
that--
``(A) has been constructed or substantially
improved and for which such construction or improvement
was started, as determined by the Administrator, before
December 31, 1974, or before the effective date of the
initial rate map published by the Administrator under
paragraph (2) of section 1360(a) for the area in which
such property is located, whichever is later; and
``(B) is purchased after the effective date of this
paragraph, pursuant to section 3005(c)(3)(A) of the
Flood Insurance Reform Act of 2011.
``(5) Homes damaged or improved.--Any property that, on or
after the date of the enactment of the Flood Insurance Reform
Act of 2011, has experienced or sustained--
``(A) substantial flood damage exceeding 50 percent
of the fair market value of such property; or
``(B) substantial improvement exceeding 30 percent
of the fair market value of such property.
``(6) Homes with multiple claims.--Any severe repetitive
loss property (as such term is defined in section 1366(j)).''.
(2) Technical amendments.--Section 1308 of the National
Flood Insurance Act of 1968 (42 U.S.C. 4015) is amended--
(A) in subsection (c)--
(i) in the matter preceding paragraph (1),
by striking ``the limitations provided under
paragraphs (1) and (2)'' and inserting
``subsection (e)''; and
(ii) in paragraph (1), by striking ``,
except'' and all that follows through
``subsection (e)''; and
(B) in subsection (e), by striking ``paragraph (2)
or (3)'' and inserting ``paragraph (7)''.
(3) Effective date and transition.--
(A) Effective date.--The amendments made by
paragraphs (1) and (2) shall apply beginning upon the
expiration of the 12-month period that begins on the
date of the enactment of this Act, except as provided
in subparagraph (B) of this paragraph.
(B) Transition for properties covered by flood
insurance upon effective date.--
(i) Increase of rates over time.--In the
case of any property described in paragraph
(2), (3), (4), (5), or (6) of section 1308(c)
of the National Flood Insurance Act of 1968, as
amended by paragraph (1) of this subsection,
that, as of the effective date under
subparagraph (A) of this paragraph, is covered
under a policy for flood insurance made
available under the national flood insurance
program for which the chargeable premium rates
are less than the applicable estimated risk
premium rate under section 1307(a)(1) of such
Act for the area in which the property is
located, the Administrator of the Federal
Emergency Management Agency shall increase the
chargeable premium rates for such property over
time to such applicable estimated risk premium
rate under section 1307(a)(1).
(ii) Amount of annual increase.--Such
increase shall be made by increasing the
chargeable premium rates for the property
(after application of any increase in the
premium rates otherwise applicable to such
property), once during the 12-month period that
begins upon the effective date under
subparagraph (A) of this paragraph and once
every 12 months thereafter until such increase
is accomplished, by 20 percent (or such lesser
amount as may be necessary so that the
chargeable rate does not exceed such applicable
estimated risk premium rate or to comply with
clause (iii)).
(iii) Properties subject to phase-in and
annual increases.--In the case of any pre-FIRM
property (as such term is defined in section
578(b) of the National Flood Insurance Reform
Act of 1974), the aggregate increase, during
any 12-month period, in the chargeable premium
rate for the property that is attributable to
this subparagraph or to an increase described
in section 1308(e) of the National Flood
Insurance Act of 1968 may not exceed 20
percent.
(iv) Full actuarial rates.--The provisions
of paragraphs (2), (3), (4), (5), and (6) of
such section 1308(c) shall apply to such a
property upon the accomplishment of the
increase under this subparagraph and
thereafter.
(d) Prohibition of Extension of Subsidized Rates to Lapsed
Policies.--Section 1308 of the National Flood Insurance Act of 1968 (42
U.S.C. 4015), as amended by the preceding provisions of this title, is
further amended--
(1) in subsection (e), by inserting ``or subsection (h)''
after ``subsection (c)''; and
(2) by adding at the end the following new subsection:
``(h) Prohibition of Extension of Subsidized Rates to Lapsed
Policies.--Notwithstanding any other provision of law relating to
chargeable risk premium rates for flood insurance coverage under this
title, the Administrator shall not provide flood insurance coverage
under this title for any property for which a policy for such coverage
for the property has previously lapsed in coverage as a result of the
deliberate choice of the holder of such policy, at a rate less than the
applicable estimated risk premium rates for the area (or subdivision
thereof) in which such property is located.''.
(e) Recognition of State and Local Funding for Construction,
Reconstruction, and Improvement of Flood Protection Systems in
Determination of Rates.--
(1) In general.--Section 1307 of the National Flood
Insurance Act of 1968 (42 U.S.C. 4014) is amended--
(A) in subsection (e)--
(i) in the first sentence, by striking
``construction of a flood protection system''
and inserting ``construction, reconstruction,
or improvement of a flood protection system
(without respect to the level of Federal
investment or participation)''; and
(ii) in the second sentence--
(I) by striking ``construction of a
flood protection system'' and inserting
``construction, reconstruction, or
improvement of a flood protection
system''; and
(II) by inserting ``based on the
present value of the completed system''
after ``has been expended''; and
(B) in subsection (f)--
(i) in the first sentence in the matter
preceding paragraph (1), by inserting
``(without respect to the level of Federal
investment or participation)'' before the
period at the end;
(ii) in the third sentence in the matter
preceding paragraph (1), by inserting ``,
whether coastal or riverine,'' after ``special
flood hazard''; and
(iii) in paragraph (1), by striking ``a
Federal agency in consultation with the local
project sponsor'' and inserting ``the entity or
entities that own, operate, maintain, or repair
such system''.
(2) Regulations.--The Administrator of the Federal
Emergency Management Agency shall promulgate regulations to
implement this subsection and the amendments made by this
subsection as soon as practicable, but not more than 18 months
after the date of the enactment of this Act. Paragraph (3) may
not be construed to annul, alter, affect, authorize any waiver
of, or establish any exception to, the requirement under the
preceding sentence.
SEC. 3006. TECHNICAL MAPPING ADVISORY COUNCIL.
(a) Establishment.--There is established a council to be known as
the Technical Mapping Advisory Council (in this section referred to as
the ``Council'').
(b) Membership.--
(1) In general.--The Council shall consist of--
(A) the Administrator of the Federal Emergency
Management Agency (in this section referred to as the
``Administrator''), or the designee thereof;
(B) the Director of the United States Geological
Survey of the Department of the Interior, or the
designee thereof;
(C) the Under Secretary of Commerce for Oceans and
Atmosphere, or the designee thereof;
(D) the commanding officer of the United States
Army Corps of Engineers, or the designee thereof;
(E) the chief of the Natural Resources Conservation
Service of the Department of Agriculture, or the
designee thereof;
(F) the Director of the United States Fish and
Wildlife Service of the Department of the Interior, or
the designee thereof;
(G) the Assistant Administrator for Fisheries of
the National Oceanic and Atmospheric Administration of
the Department of Commerce, or the designee thereof;
and
(H) 14 additional members to be appointed by the
Administrator of the Federal Emergency Management
Agency, who shall be--
(i) an expert in data management;
(ii) an expert in real estate;
(iii) an expert in insurance;
(iv) a member of a recognized regional
flood and storm water management organization;
(v) a representative of a State emergency
management agency or association or
organization for such agencies;
(vi) a member of a recognized professional
surveying association or organization;
(vii) a member of a recognized professional
mapping association or organization;
(viii) a member of a recognized
professional engineering association or
organization;
(ix) a member of a recognized professional
association or organization representing flood
hazard determination firms;
(x) a representative of State national
flood insurance coordination offices;
(xi) representatives of two local
governments, at least one of whom is a local
levee flood manager or executive, designated by
the Federal Emergency Management Agency as
Cooperating Technical Partners; and
(xii) representatives of two State
governments designated by the Federal Emergency
Management Agency as Cooperating Technical
States.
(2) Qualifications.--Members of the Council shall be
appointed based on their demonstrated knowledge and competence
regarding surveying, cartography, remote sensing, geographic
information systems, or the technical aspects of preparing and
using flood insurance rate maps. In appointing members under
paragraph (1)(H), the Administrator shall ensure that the
membership of the Council has a balance of Federal, State,
local, and private members, and includes an adequate number of
representatives from the States with coastline on the Gulf of
Mexico and other States containing areas identified by the
Administrator of the Federal Emergency Management Agency as at
high-risk for flooding or special flood hazard areas.
(c) Duties.--
(1) New mapping standards.--Not later than the expiration
of the 12-month period beginning upon the date of the enactment
of this Act, the Council shall develop and submit to the
Administrator and the Congress proposed new mapping standards
for 100-year flood insurance rate maps used under the national
flood insurance program under the National Flood Insurance Act
of 1968. In developing such proposed standards the Council
shall--
(A) ensure that the flood insurance rate maps
reflect true risk, including graduated risk that better
reflects the financial risk to each property; such
reflection of risk should be at the smallest geographic
level possible (but not necessarily property-by-
property) to ensure that communities are mapped in a
manner that takes into consideration different risk
levels within the community;
(B) ensure the most efficient generation, display,
and distribution of flood risk data, models, and maps
where practicable through dynamic digital environments
using spatial database technology and the Internet;
(C) ensure that flood insurance rate maps reflect
current hydrologic and hydraulic data, current land
use, and topography, incorporating the most current and
accurate ground and bathymetric elevation data;
(D) determine the best ways to include in such
flood insurance rate maps levees, decertified levees,
and areas located below dams, including determining a
methodology for ensuring that decertified levees and
other protections are included in flood insurance rate
maps and their corresponding flood zones reflect the
level of protection conferred;
(E) consider how to incorporate restored wetlands
and other natural buffers into flood insurance rate
maps, which may include wetlands, groundwater recharge
areas, erosion zones, meander belts, endangered species
habitat, barrier islands and shoreline buffer features,
riparian forests, and other features;
(F) consider whether to use vertical positioning
(as defined by the Administrator) for flood insurance
rate maps;
(G) ensure that flood insurance rate maps
differentiate between a property that is located in a
flood zone and a structure located on such property
that is not at the same risk level for flooding as such
property due to the elevation of the structure;
(H) ensure that flood insurance rate maps take into
consideration the best scientific data and potential
future conditions (including projections for sea level
rise); and
(I) consider how to incorporate the new standards
proposed pursuant to this paragraph in existing mapping
efforts.
(2) Ongoing duties.--The Council shall, on an ongoing
basis, review the mapping protocols developed pursuant to
paragraph (1), and make recommendations to the Administrator
when the Council determines that mapping protocols should be
altered.
(3) Meetings.--In carrying out its duties under this
section, the Council shall consult with stakeholders through at
least 4 public meetings annually, and shall seek input of all
stakeholder interests including State and local
representatives, environmental and conservation organizations,
insurance industry representatives, advocacy groups, planning
organizations, and mapping organizations.
(d) Prohibition on Compensation.--Members of the Council shall
receive no additional compensation by reason of their service on the
Council.
(e) Chairperson.--The Administrator shall serve as the Chairperson
of the Council.
(f) Staff.--
(1) FEMA.--Upon the request of the Council, the
Administrator may detail, on a nonreimbursable basis, personnel
of the Federal Emergency Management Agency to assist the
Council in carrying out its duties.
(2) Other federal agencies.--Upon request of the Council,
any other Federal agency that is a member of the Council may
detail, on a non-reimbursable basis, personnel to assist the
Council in carrying out its duties.
(g) Powers.--In carrying out this section, the Council may hold
hearings, receive evidence and assistance, provide information, and
conduct research, as the Council considers appropriate.
(h) Termination.--The Council shall terminate upon the expiration
of the 5-year period beginning on the date of the enactment of this
Act.
(i) Moratorium on Flood Map Changes.--
(1) Moratorium.--Except as provided in paragraph (2) and
notwithstanding any other provision of this title, the National
Flood Insurance Act of 1968, or the Flood Disaster Protection
Act of 1973, during the period beginning upon the date of the
enactment of this Act and ending upon the submission by the
Council to the Administrator and the Congress of the proposed
new mapping standards required under subsection (c)(1), the
Administrator may not make effective any new or updated rate
maps for flood insurance coverage under the national flood
insurance program that were not in effect for such program as
of such date of enactment, or otherwise revise, update, or
change the flood insurance rate maps in effect for such program
as of such date.
(2) Letters of map change.--During the period described in
paragraph (1), the Administrator may revise, update, and change
the flood insurance rate maps in effect for the national flood
insurance program only pursuant to a letter of map change
(including a letter of map amendment, letter of map revision,
and letter of map revision based on fill).
SEC. 3007. FEMA INCORPORATION OF NEW MAPPING PROTOCOLS.
(a) New Rate Mapping Standards.--Not later than the expiration of
the 6-month period beginning upon submission by the Technical Mapping
Advisory Council under section 3006 of the proposed new mapping
standards for flood insurance rate maps used under the national flood
insurance program developed by the Council pursuant to section 3006(c),
the Administrator of the Federal Emergency Management Agency (in this
section referred to as the ``Administrator'') shall establish new
standards for such rate maps based on such proposed new standards and
the recommendations of the Council.
(b) Requirements.--The new standards for flood insurance rate maps
established by the Administrator pursuant to subsection (a) shall--
(1) delineate and include in any such rate maps--
(A) all areas located within the 100-year flood
plain; and
(B) areas subject to graduated and other risk
levels, to the maximum extent possible;
(2) ensure that any such rate maps--
(A) include levees, including decertified levees,
and the level of protection they confer;
(B) reflect current land use and topography and
incorporate the most current and accurate ground level
data;
(C) take into consideration the impacts and use of
fill and the flood risks associated with altered
hydrology;
(D) differentiate between a property that is
located in a flood zone and a structure located on such
property that is not at the same risk level for
flooding as such property due to the elevation of the
structure;
(E) identify and incorporate natural features and
their associated flood protection benefits into mapping
and rates; and
(F) identify, analyze, and incorporate the impact
of significant changes to building and development
throughout any river or costal water system, including
all tributaries, which may impact flooding in areas
downstream; and
(3) provide that such rate maps are developed on a
watershed basis.
(c) Report.--If, in establishing new standards for flood insurance
rate maps pursuant to subsection (a) of this section, the Administrator
does not implement all of the recommendations of the Council made under
the proposed new mapping standards developed by the Council pursuant to
section 3006(c), upon establishment of the new standards the
Administrator shall submit a report to the Committee on Financial
Services of the House of Representatives and the Committee on Banking,
Housing, and Urban Affairs of the Senate specifying which such
recommendations were not adopted and explaining the reasons such
recommendations were not adopted.
(d) Implementation.--The Administrator shall, not later than the
expiration of the 6-month period beginning upon establishment of the
new standards for flood insurance rate maps pursuant to subsection (a)
of this section, commence use of the new standards and updating of
flood insurance rate maps in accordance with the new standards. Not
later than the expiration of the 10-year period beginning upon the
establishment of such new standards, the Administrator shall complete
updating of all flood insurance rate maps in accordance with the new
standards, subject to the availability of sufficient amounts for such
activities provided in appropriation Acts.
(e) Temporary Suspension of Mandatory Purchase Requirement for
Certain Properties.--
(1) Submission of elevation certificate.--Subject to
paragraphs (2) and (3) of this subsection, subsections (a),
(b), and (e) of section 102 of the Flood Disaster Protection
Act of 1973 (42 U.S.C. 4012a), and section 202(a) of such Act,
shall not apply to a property located in an area designated as
having a special flood hazard if the owner of such property
submits to the Administrator an elevation certificate for such
property showing that the lowest level of the primary residence
on such property is at an elevation that is at least three feet
higher than the elevation of the 100-year flood plain.
(2) Review of certificate.--The Administrator shall accept
as conclusive each elevation certificate submitted under
paragraph (1) unless the Administrator conducts a subsequent
elevation survey and determines that the lowest level of the
primary residence on the property in question is not at an
elevation that is at least three feet higher than the elevation
of the 100-year flood plain. The Administrator shall provide
any such subsequent elevation survey to the owner of such
property.
(3) Determinations for properties on borders of special
flood hazard areas.--
(A) Expedited determination.--In the case of any
survey for a property submitted to the Administrator
pursuant to paragraph (1) showing that a portion of the
property is located within an area having special flood
hazards and that a structure located on the property is
not located within such area having special flood
hazards, the Administrator shall expeditiously process
any request made by an owner of the property for a
determination pursuant to paragraph (2) or a
determination of whether the structure is located
within the area having special flood hazards.
(B) Prohibition of fee.--If the Administrator
determines pursuant to subparagraph (A) that the
structure on the property is not located within the
area having special flood hazards, the Administrator
shall not charge a fee for reviewing the flood hazard
data and shall not require the owner to provide any
additional elevation data.
(C) Simplification of review process.--The
Administrator shall collaborate with private sector
flood insurers to simplify the review process for
properties described in subparagraph (A) and to ensure
that the review process provides for accurate
determinations.
(4) Termination of authority.--This subsection shall cease
to apply to a property on the date on which the Administrator
updates the flood insurance rate map that applies to such
property in accordance with the requirements of subsection (d).
SEC. 3008. TREATMENT OF LEVEES.
Section 1360 of the National Flood Insurance Act of 1968 (42 U.S.C.
4101) is amended by adding at the end the following new subsection:
``(k) Treatment of Levees.--The Administrator may not issue flood
insurance maps, or make effective updated flood insurance maps, that
omit or disregard the actual protection afforded by an existing levee,
floodwall, pump or other flood protection feature, regardless of the
accreditation status of such feature.''.
SEC. 3009. PRIVATIZATION INITIATIVES.
(a) FEMA and GAO Reports.--Not later than the expiration of the 18-
month period beginning on the date of the enactment of this Act, the
Administrator of the Federal Emergency Management Agency and the
Comptroller General of the United States shall each conduct a separate
study to assess a broad range of options, methods, and strategies for
privatizing the national flood insurance program and shall each submit
a report to the Committee on Financial Services of the House of
Representatives and the Committee on Banking, Housing, and Urban
Affairs of the Senate with recommendations for the best manner to
accomplish such privatization.
(b) Private Risk-Management Initiatives.--
(1) Authority.--The Administrator of the Federal Emergency
Management Agency may carry out such private risk-management
initiatives under the national flood insurance program as the
Administrator considers appropriate to determine the capacity
of private insurers, reinsurers, and financial markets to
assist communities, on a voluntary basis only, in managing the
full range of financial risks associated with flooding.
(2) Assessment.--Not later than the expiration of the 12-
month period beginning on the date of the enactment of this
Act, the Administrator shall assess the capacity of the private
reinsurance, capital, and financial markets by seeking
proposals to assume a portion of the program's insurance risk
and submit to the Congress a report describing the response to
such request for proposals and the results of such assessment.
(3) Protocol for release of data.--The Administrator shall
develop a protocol to provide for the release of data
sufficient to conduct the assessment required under paragraph
(2).
(c) Reinsurance.--The National Flood Insurance Act of 1968 is
amended--
(1) in section 1331(a)(2) (42 U.S.C. 4051(a)(2)), by
inserting ``, including as reinsurance of insurance coverage
provided by the flood insurance program'' before ``, on such
terms'';
(2) in section 1332(c)(2) (42 U.S.C. 4052(c)(2)), by
inserting ``or reinsurance'' after ``flood insurance
coverage'';
(3) in section 1335(a) (42 U.S.C. 4055(a))--
(A) by inserting ``(1)'' after ``(a)''; and
(B) by adding at the end the following new
paragraph:
``(2) The Administrator is authorized to secure reinsurance
coverage of coverage provided by the flood insurance program from
private market insurance, reinsurance, and capital market sources at
rates and on terms determined by the Administrator to be reasonable and
appropriate in an amount sufficient to maintain the ability of the
program to pay claims and that minimizes the likelihood that the
program will utilize the borrowing authority provided under section
1309.'';
(4) in section 1346(a) (12 U.S.C. 4082(a))--
(A) in the matter preceding paragraph (1), by
inserting ``, or for purposes of securing reinsurance
of insurance coverage provided by the program,'' before
``of any or all of'';
(B) in paragraph (1)--
(i) by striking ``estimating'' and
inserting ``Estimating''; and
(ii) by striking the semicolon at the end
and inserting a period;
(C) in paragraph (2)--
(i) by striking ``receiving'' and inserting
``Receiving''; and
(ii) by striking the semicolon at the end
and inserting a period;
(D) in paragraph (3)--
(i) by striking ``making'' and inserting
``Making''; and
(ii) by striking ``; and'' and inserting a
period;
(E) in paragraph (4)--
(i) by striking ``otherwise'' and inserting
``Otherwise''; and
(ii) by redesignating such paragraph as
paragraph (5); and
(F) by inserting after paragraph (3) the following
new paragraph:
``(4) Placing reinsurance coverage on insurance provided by
such program.''; and
(5) in section 1370(a)(3) (42 U.S.C. 4121(a)(3)), by
inserting before the semicolon at the end the following: ``, is
subject to the reporting requirements of the Securities
Exchange Act of 1934, pursuant to section 13(a) or 15(d) of
such Act (15 U.S.C. 78m(a), 78o(d)), or is authorized by the
Administrator to assume reinsurance on risks insured by the
flood insurance program''.
(d) Assessment of Claims-Paying Ability.--
(1) Assessment.--Not later than September 30 of each year,
the Administrator of the Federal Emergency Management Agency
shall conduct an assessment of the claims-paying ability of the
national flood insurance program, including the program's
utilization of private sector reinsurance and reinsurance
equivalents, with and without reliance on borrowing authority
under section 1309 of the National Flood Insurance Act of 1968
(42 U.S.C. 4016). In conducting the assessment, the
Administrator shall take into consideration regional
concentrations of coverage written by the program, peak flood
zones, and relevant mitigation measures.
(2) Report.--The Administrator shall submit a report to the
Congress of the results of each such assessment, and make such
report available to the public, not later than 30 days after
completion of the assessment.
SEC. 3010. FEMA ANNUAL REPORT ON INSURANCE PROGRAM.
Section 1320 of the National Flood Insurance Act of 1968 (42 U.S.C.
4027) is amended--
(1) in the section heading, by striking ``report to the
president'' and inserting ``annual report to congress'';
(2) in subsection (a)--
(A) by striking ``biennially'';
(B) by striking ``the President for submission
to''; and
(C) by inserting ``not later than June 30 of each
year'' before the period at the end;
(3) in subsection (b), by striking ``biennial'' and
inserting ``annual''; and
(4) by adding at the end the following new subsection:
``(c) Financial Status of Program.--The report under this section
for each year shall include information regarding the financial status
of the national flood insurance program under this title, including a
description of the financial status of the National Flood Insurance
Fund and current and projected levels of claims, premium receipts,
expenses, and borrowing under the program.''.
SEC. 3011. MITIGATION ASSISTANCE.
(a) Mitigation Assistance Grants.--Section 1366 of the National
Flood Insurance Act of 1968 (42 U.S.C. 4104c) is amended--
(1) in subsection (a), by striking the last sentence and
inserting the following: ``Such financial assistance shall be
made available--
``(1) to States and communities in the form of grants under
this section for carrying out mitigation activities;
``(2) to States and communities in the form of grants under
this section for carrying out mitigation activities that reduce
flood damage to severe repetitive loss structures; and
``(3) to property owners in the form of direct grants under
this section for carrying out mitigation activities that reduce
flood damage to individual structures for which 2 or more claim
payments for losses have been made under flood insurance
coverage under this title if the Administrator, after
consultation with the State and community, determines that
neither the State nor community in which such a structure is
located has the capacity to manage such grants.'';
(2) by striking subsection (b);
(3) in subsection (c)--
(A) by striking ``flood risk'' and inserting
``multi-hazard'';
(B) by striking ``provides protection against'' and
inserting ``examines reduction of''; and
(C) by redesignating such subsection as subsection
(b);
(4) by striking subsection (d);
(5) in subsection (e)--
(A) in paragraph (1), by striking the paragraph
designation and all that follows through the end of the
first sentence and inserting the following:
``(1) Requirement of consistency with approved mitigation
plan.--Amounts provided under this section may be used only for
mitigation activities that are consistent with mitigation plans
that are approved by the Administrator and identified under
subparagraph (4).'';
(B) by striking paragraphs (2), (3), and (4) and
inserting the following new paragraphs:
``(2) Requirements of technical feasibility, cost
effectiveness, and interest of nfif.--The Administrator may
approve only mitigation activities that the Administrator
determines are technically feasible and cost-effective and in
the interest of, and represent savings to, the National Flood
Insurance Fund. In making such determinations, the
Administrator shall take into consideration recognized benefits
that are difficult to quantify.
``(3) Priority for mitigation assistance.--In providing
grants under this section for mitigation activities, the
Administrator shall give priority for funding to activities
that the Administrator determines will result in the greatest
savings to the National Flood Insurance Fund, including
activities for--
``(A) severe repetitive loss structures;
``(B) repetitive loss structures; and
``(C) other subsets of structures as the
Administrator may establish.'';
(C) in paragraph (5)--
(i) by striking all of the matter that
precedes subparagraph (A) and inserting the
following:
``(4) Eligible activities.--Eligible activities may
include--'';
(ii) by striking subparagraphs (E) and (H);
(iii) by redesignating subparagraphs (D),
(F), and (G) as subparagraphs (E), (G), and
(H);
(iv) by inserting after subparagraph (C)
the following new subparagraph:
``(D) elevation, relocation, and floodproofing of
utilities (including equipment that serve
structures);'';
(v) by inserting after subparagraph (E), as
so redesignated by clause (iii) of this
subparagraph, the following new subparagraph:
``(F) the development or update of State, local, or
Indian tribal mitigation plans which meet the planning
criteria established by the Administrator, except that
the amount from grants under this section that may be
used under this subparagraph may not exceed $50,000 for
any mitigation plan of a State or $25,000 for any
mitigation plan of a local government or Indian
tribe;'';
(vi) in subparagraph (H); as so
redesignated by clause (iii) of this
subparagraph, by striking ``and'' at the end;
and
(vii) by adding at the end the following
new subparagraphs:
``(I) other mitigation activities not described in
subparagraphs (A) through (G) or the regulations issued
under subparagraph (H), that are described in the
mitigation plan of a State, community, or Indian tribe;
and
``(J) personnel costs for State staff that provide
technical assistance to communities to identify
eligible activities, to develop grant applications, and
to implement grants awarded under this section, not to
exceed $50,000 per State in any Federal fiscal year, so
long as the State applied for and was awarded at least
$1,000,000 in grants available under this section in
the prior Federal fiscal year; the requirements of
subsections (d)(1) and (d)(2) shall not apply to the
activity under this subparagraph.'';
(D) by adding at the end the following new
paragraph:
``(6) Eligibility of demolition and rebuilding of
properties.--The Administrator shall consider as an eligible
activity the demolition and rebuilding of properties to at
least base flood elevation or greater, if required by the
Administrator or if required by any State regulation or local
ordinance, and in accordance with criteria established by the
Administrator.''; and
(E) by redesignating such subsection as subsection
(c);
(6) by striking subsections (f), (g), and (h) and inserting
the following new subsection:
``(d) Matching Requirement.--The Administrator may provide grants
for eligible mitigation activities as follows:
``(1) Severe repetitive loss structures.--In the case of
mitigation activities to severe repetitive loss structures, in
an amount up to 100 percent of all eligible costs.
``(2) Repetitive loss structures.--In the case of
mitigation activities to repetitive loss structures, in an
amount up to 90 percent of all eligible costs.
``(3) Other mitigation activities.--In the case of all
other mitigation activities, in an amount up to 75 percent of
all eligible costs.'';
(7) in subsection (i)--
(A) in paragraph (2)--
(i) by striking ``certified under
subsection (g)'' and inserting ``required under
subsection (d)''; and
(ii) by striking ``3 times the amount'' and
inserting ``the amount''; and
(B) by redesignating such subsection as subsection
(e);
(8) in subsection (j)--
(A) in paragraph (1), by striking ``Riegle
Community Development and Regulatory Improvement Act of
1994'' and inserting ``Flood Insurance Reform Act of
2011'';
(B) by redesignating such subsection as subsection
(f); and
(9) by striking subsections (k) and (m) and inserting the
following new subsections:
``(g) Failure To Make Grant Award Within 5 Years.--For any
application for a grant under this section for which the Administrator
fails to make a grant award within 5 years of the date of application,
the grant application shall be considered to be denied and any funding
amounts allocated for such grant applications shall remain in the
National Flood Mitigation Fund under section 1367 of this title and
shall be made available for grants under this section.
``(h) Limitation on Funding for Mitigation Activities for Severe
Repetitive Loss Structures.--The amount used pursuant to section
1310(a)(8) in any fiscal year may not exceed $40,000,000 and shall
remain available until expended.
``(i) Definitions.--For purposes of this section, the following
definitions shall apply:
``(1) Community.--The term `community' means--
``(A) a political subdivision that--
``(i) has zoning and building code
jurisdiction over a particular area having
special flood hazards, and
``(ii) is participating in the national
flood insurance program; or
``(B) a political subdivision of a State, or other
authority, that is designated by political
subdivisions, all of which meet the requirements of
subparagraph (A), to administer grants for mitigation
activities for such political subdivisions.
``(2) Repetitive loss structure.--The term `repetitive loss
structure' has the meaning given such term in section 1370.
``(3) Severe repetitive loss structure.--The term `severe
repetitive loss structure' means a structure that--
``(A) is covered under a contract for flood
insurance made available under this title; and
``(B) has incurred flood-related damage--
``(i) for which 4 or more separate claims
payments have been made under flood insurance
coverage under this title, with the amount of
each such claim exceeding $15,000, and with the
cumulative amount of such claims payments
exceeding $60,000; or
``(ii) for which at least 2 separate claims
payments have been made under such coverage,
with the cumulative amount of such claims
exceeding the value of the insured
structure.''.
(b) Elimination of Grants Program for Repetitive Insurance Claims
Properties.--Chapter I of the National Flood Insurance Act of 1968 is
amended by striking section 1323 (42 U.S.C. 4030).
(c) Elimination of Pilot Program for Mitigation of Severe
Repetitive Loss Properties.--Chapter III of the National Flood
Insurance Act of 1968 is amended by striking section 1361A (42 U.S.C.
4102a).
(d) National Flood Insurance Fund.--Section 1310(a) of the National
Flood Insurance Act of 1968 (42 U.S.C. 4017(a)) is amended--
(1) in paragraph (6), by inserting ``and'' after the
semicolon;
(2) in paragraph (7), by striking the semicolon and
inserting a period; and
(3) by striking paragraphs (8) and (9).
(e) National Flood Mitigation Fund.--Section 1367 of the National
Flood Insurance Act of 1968 (42 U.S.C. 4104d) is amended--
(1) in subsection (b)--
(A) by striking paragraph (1) and inserting the
following new paragraph:
``(1) in each fiscal year, from the National Flood
Insurance Fund in amounts not exceeding $90,000,000 to remain
available until expended, of which--
``(A) not more than $40,000,000 shall be available
pursuant to subsection (a) of this section only for
assistance described in section 1366(a)(1);
``(B) not more than $40,000,000 shall be available
pursuant to subsection (a) of this section only for
assistance described in section 1366(a)(2); and
``(C) not more than $10,000,000 shall be available
pursuant to subsection (a) of this section only for
assistance described in section 1366(a)(3).'';
(B) in paragraph (3), by striking ``section
1366(i)'' and inserting ``section 1366(e)'';
(2) in subsection (c), by striking ``sections 1366 and
1323'' and inserting ``section 1366'';
(3) by redesignating subsections (d) and (e) as subsections
(f) and (g), respectively; and
(4) by inserting after subsection (c) the following new
subsections:
``(d) Prohibition on Offsetting Collections.--Notwithstanding any
other provision of this title, amounts made available pursuant to this
section shall not be subject to offsetting collections through premium
rates for flood insurance coverage under this title.
``(e) Continued Availability and Reallocation.--Any amounts made
available pursuant to subparagraph (A), (B), or (C) of subsection
(b)(1) that are not used in any fiscal year shall continue to be
available for the purposes specified in such subparagraph of subsection
(b)(1) pursuant to which such amounts were made available, unless the
Administrator determines that reallocation of such unused amounts to
meet demonstrated need for other mitigation activities under section
1366 is in the best interest of the National Flood Insurance Fund.''.
(f) Increased Cost of Compliance Coverage.--Section 1304(b)(4) of
the National Flood Insurance Act of 1968 (42 U.S.C. 4011(b)(4)) is
amended--
(1) by striking subparagraph (B); and
(2) by redesignating subparagraphs (C), (D), and (E) as
subparagraphs (B), (C), and (D), respectively.
SEC. 3012. NOTIFICATION TO HOMEOWNERS REGARDING MANDATORY PURCHASE
REQUIREMENT APPLICABILITY AND RATE PHASE-INS.
Section 201 of the Flood Disaster Protection Act of 1973 (42 U.S.C.
4105) is amended by adding at the end the following new subsection:
``(f) Annual Notification.--The Administrator, in consultation with
affected communities, shall establish and carry out a plan to notify
residents of areas having special flood hazards, on an annual basis--
``(1) that they reside in such an area;
``(2) of the geographical boundaries of such area;
``(3) of whether section 1308(g) of the National Flood
Insurance Act of 1968 applies to properties within such area;
``(4) of the provisions of section 102 requiring purchase
of flood insurance coverage for properties located in such an
area, including the date on which such provisions apply with
respect to such area, taking into consideration section 102(i);
and
``(5) of a general estimate of what similar homeowners in
similar areas typically pay for flood insurance coverage,
taking into consideration section 1308(g) of the National Flood
Insurance Act of 1968.''.
SEC. 3013. NOTIFICATION TO MEMBERS OF CONGRESS OF FLOOD MAP REVISIONS
AND UPDATES.
Section 1360 of the National Flood Insurance Act of 1968 (42 U.S.C.
4101), as amended by the preceding provisions of this title, is further
amended by adding at the end the following new subsection:
``(l) Notification to Members of Congress of Map Modernization.--
Upon any revision or update of any floodplain area or flood-risk zone
pursuant to subsection (f), any decision pursuant to subsection (f)(1)
that such revision or update is necessary, any issuance of preliminary
maps for such revision or updating, or any other significant action
relating to any such revision or update, the Administrator shall notify
the Senators for each State affected, and each Member of the House of
Representatives for each congressional district affected, by such
revision or update in writing of the action taken.''.
SEC. 3014. NOTIFICATION AND APPEAL OF MAP CHANGES; NOTIFICATION TO
COMMUNITIES OF ESTABLISHMENT OF FLOOD ELEVATIONS.
Section 1363 of the National Flood Insurance Act of 1968 (42 U.S.C.
4104) is amended by striking the section designation and all that
follows through the end of subsection (a) and inserting the following:
``Sec. 1363. (a) In establishing projected flood elevations for
land use purposes with respect to any community pursuant to section
1361, the Director shall first propose such determinations--
``(1) by providing the chief executive officer of each
community affected by the proposed elevations, by certified
mail, with a return receipt requested, notice of the
elevations, including a copy of the maps for the elevations for
such community and a statement explaining the process under
this section to appeal for changes in such elevations;
``(2) by causing notice of such elevations to be published
in the Federal Register, which notice shall include information
sufficient to identify the elevation determinations and the
communities affected, information explaining how to obtain
copies of the elevations, and a statement explaining the
process under this section to appeal for changes in the
elevations;
``(3) by publishing in a prominent local newspaper the
elevations, a description of the appeals process for flood
determinations, and the mailing address and telephone number of
a person the owner may contact for more information or to
initiate an appeal; and
``(4) by providing written notification, by first class
mail, to each owner of real property affected by the proposed
elevations of--
``(A) the status of such property, both prior to
and after the effective date of the proposed
determination, with respect to flood zone and flood
insurance requirements under this Act and the Flood
Disaster Protection Act of 1973;
``(B) the process under this section to appeal a
flood elevation determination; and
``(C) the mailing address and phone number of a
person the owner may contact for more information or to
initiate an appeal.''.
SEC. 3015. NOTIFICATION TO TENANTS OF AVAILABILITY OF CONTENTS
INSURANCE.
The National Flood Insurance Act of 1968 is amended by inserting
after section 1308 (42 U.S.C. 4015) the following new section:
``SEC. 1308A. NOTIFICATION TO TENANTS OF AVAILABILITY OF CONTENTS
INSURANCE.
``(a) In General.--The Administrator shall, upon entering into a
contract for flood insurance coverage under this title for any
property--
``(1) provide to the insured sufficient copies of the
notice developed pursuant to subsection (b); and
``(2) require the insured to provide a copy of the notice,
or otherwise provide notification of the information under
subsection (b) in the manner that the manager or landlord deems
most appropriate, to each such tenant and to each new tenant
upon commencement of such a tenancy.
``(b) Notice.--Notice to a tenant of a property in accordance with
this subsection is written notice that clearly informs a tenant--
``(1) whether the property is located in an area having
special flood hazards;
``(2) that flood insurance coverage is available under the
national flood insurance program under this title for contents
of the unit or structure leased by the tenant;
``(3) of the maximum amount of such coverage for contents
available under this title at that time; and
``(4) of where to obtain information regarding how to
obtain such coverage, including a telephone number, mailing
address, and Internet site of the Administrator where such
information is available.''.
SEC. 3016. NOTIFICATION TO POLICY HOLDERS REGARDING DIRECT MANAGEMENT
OF POLICY BY FEMA.
Part C of chapter II of the National Flood Insurance Act of 1968
(42 U.S.C. 4081 et seq.) is amended by adding at the end the following
new section:
``SEC. 1349. NOTIFICATION TO POLICY HOLDERS REGARDING DIRECT MANAGEMENT
OF POLICY BY FEMA.
``(a) Notification.--Not later than 60 days before the date on
which a transferred flood insurance policy expires, and annually
thereafter until such time as the Federal Emergency Management Agency
is no longer directly administering such policy, the Administrator
shall notify the holder of such policy that--
``(1) the Federal Emergency Management Agency is directly
administering the policy;
``(2) such holder may purchase flood insurance that is
directly administered by an insurance company; and
``(3) purchasing flood insurance offered under the National
Flood Insurance Program that is directly administered by an
insurance company will not alter the coverage provided or the
premiums charged to such holder that otherwise would be
provided or charged if the policy was directly administered by
the Federal Emergency Management Agency.
``(b) Definition.--In this section, the term `transferred flood
insurance policy' means a flood insurance policy that--
``(1) was directly administered by an insurance company at
the time the policy was originally purchased by the policy
holder; and
``(2) at the time of renewal of the policy, direct
administration of the policy was or will be transferred to the
Federal Emergency Management Agency.''.
SEC. 3017. NOTICE OF AVAILABILITY OF FLOOD INSURANCE AND ESCROW IN
RESPA GOOD FAITH ESTIMATE.
Subsection (c) of section 5 of the Real Estate Settlement
Procedures Act of 1974 (12 U.S.C. 2604(c)) is amended by adding at the
end the following new sentence: ``Each such good faith estimate shall
include the following conspicuous statements and information: (1) that
flood insurance coverage for residential real estate is generally
available under the national flood insurance program whether or not the
real estate is located in an area having special flood hazards and
that, to obtain such coverage, a home owner or purchaser should contact
the national flood insurance program; (2) a telephone number and a
location on the Internet by which a home owner or purchaser can contact
the national flood insurance program; and (3) that the escrowing of
flood insurance payments is required for many loans under section
102(d) of the Flood Disaster Protection Act of 1973, and may be a
convenient and available option with respect to other loans.''.
SEC. 3018. REIMBURSEMENT FOR COSTS INCURRED BY HOMEOWNERS AND
COMMUNITIES OBTAINING LETTERS OF MAP AMENDMENT OR
REVISION.
(a) In General.--Section 1360 of the National Flood Insurance Act
of 1968 (42 U.S.C. 4101), as amended by the preceding provisions of
this title, is further amended by adding at the end the following new
subsection:
``(m) Reimbursement.--
``(1) Requirement upon bona fide error.--If an owner of any
property located in an area described in section 102(i)(3) of
the Flood Disaster Protection Act of 1973, or a community in
which such a property is located, obtains a letter of map
amendment, or a letter of map revision, due to a bona fide
error on the part of the Administrator of the Federal Emergency
Management Agency, the Administrator shall reimburse such
owner, or such entity or jurisdiction acting on such owner's
behalf, or such community, as applicable, for any reasonable
costs incurred in obtaining such letter.
``(2) Reasonable costs.--The Administrator shall, by
regulation or notice, determine a reasonable amount of costs to
be reimbursed under paragraph (1), except that such costs shall
not include legal or attorneys fees. In determining the
reasonableness of costs, the Administrator shall only consider
the actual costs to the owner or community, as applicable, of
utilizing the services of an engineer, surveyor, or similar
services.''.
(b) Regulations.--Not later than 90 days after the date of the
enactment of this Act, the Administrator of the Federal Emergency
Management Agency shall issue the regulations or notice required under
section 1360(m)(2) of the National Flood Insurance Act of 1968, as
added by the amendment made by subsection (a) of this section.
SEC. 3019. ENHANCED COMMUNICATION WITH CERTAIN COMMUNITIES DURING MAP
UPDATING PROCESS.
Section 1360 of the National Flood Insurance Act of 1968 (42 U.S.C.
4101), as amended by the preceding provisions of this title, is further
amended by adding at the end the following new subsection:
``(n) Enhanced Communication With Certain Communities During Map
Updating Process.--In updating flood insurance maps under this section,
the Administrator shall communicate with communities located in areas
where flood insurance rate maps have not been updated in 20 years or
more and the appropriate State emergency agencies to resolve
outstanding issues, provide technical assistance, and disseminate all
necessary information to reduce the prevalence of outdated maps in
flood-prone areas.''.
SEC. 3020. NOTIFICATION TO RESIDENTS NEWLY INCLUDED IN FLOOD HAZARD
AREAS.
Section 1360 of the National Flood Insurance Act of 1968 (42 U.S.C.
4101), as amended by the preceding provisions of this title, is further
amended by adding at the end the following new subsection:
``(o) Notification to Residents Newly Included in Flood Hazard
Area.--In revising or updating any areas having special flood hazards,
the Administrator shall provide to each owner of a property to be newly
included in such a special flood hazard area, at the time of issuance
of such proposed revised or updated flood insurance maps, a copy of the
proposed revised or updated flood insurance maps together with
information regarding the appeals process under section 1363 of the
National Flood Insurance Act of 1968 (42 U.S.C. 4104).''.
SEC. 3021. TREATMENT OF SWIMMING POOL ENCLOSURES OUTSIDE OF HURRICANE
SEASON.
Chapter I of the National Flood Insurance Act of 1968 (42 U.S.C.
4001 et seq.) is amended by adding at the end the following new
section:
``SEC. 1325. TREATMENT OF SWIMMING POOL ENCLOSURES OUTSIDE OF HURRICANE
SEASON.
``In the case of any property that is otherwise in compliance with
the coverage and building requirements of the national flood insurance
program, the presence of an enclosed swimming pool located at ground
level or in the space below the lowest floor of a building after
November 30 and before June 1 of any year shall have no effect on the
terms of coverage or the ability to receive coverage for such building
under the national flood insurance program established pursuant to this
title, if the pool is enclosed with non-supporting breakaway walls.''.
SEC. 3022. INFORMATION REGARDING MULTIPLE PERILS CLAIMS.
Section 1345 of the National Flood Insurance Act of 1968 (42 U.S.C.
4081) is amended by adding at the end the following new subsection:
``(d) Information Regarding Multiple Perils Claims.--
``(1) In general.--Subject to paragraph (2), if an insured
having flood insurance coverage under a policy issued under the
program under this title by the Administrator or a company,
insurer, or entity offering flood insurance coverage under such
program (in this subsection referred to as a `participating
company') has wind or other homeowners coverage from any
company, insurer, or other entity covering property covered by
such flood insurance, in the case of damage to such property
that may have been caused by flood or by wind, the
Administrator and the participating company, upon the request
of the insured, shall provide to the insured, within 30 days of
such request--
``(A) a copy of the estimate of structure damage;
``(B) proofs of loss;
``(C) any expert or engineering reports or
documents commissioned by or relied upon by the
Administrator or participating company in determining
whether the damage was caused by flood or any other
peril; and
``(D) the Administrator's or the participating
company's final determination on the claim.
``(2) Timing.--Paragraph (1) shall apply only with respect
to a request described in such paragraph made by an insured
after the Administrator or the participating company, or both,
as applicable, have issued a final decision on the flood claim
involved and resolution of all appeals with respect to such
claim.''.
SEC. 3023. FEMA AUTHORITY TO REJECT TRANSFER OF POLICIES.
Section 1345 of the National Flood Insurance Act of 1968 (42 U.S.C.
4081) is amended by adding at the end the following new subsection:
``(e) FEMA Authority To Reject Transfer of Policies.--
Notwithstanding any other provision of this Act, the Administrator may,
at the discretion of the Administrator, refuse to accept the transfer
of the administration of policies for coverage under the flood
insurance program under this title that are written and administered by
any insurance company or other insurer, or any insurance agent or
broker.''.
SEC. 3024. APPEALS.
(a) Television and Radio Announcement.--Section 1363 of the
National Flood Insurance Act of 1968 (42 U.S.C. 4104) is amended--
(1) in subsection (a), by inserting after
``determinations'' by inserting the following: ``by notifying a
local television and radio station,''; and
(2) in the first sentence of subsection (b), by inserting
before the period at the end the following: ``and shall notify
a local television and radio station at least once during the
same 10-day period''.
(b) Extension of Appeals Period.--Subsection (b) of section 1363 of
the National Flood Insurance Act of 1968 (42 U.S.C. 4104(b)) is
amended--
(1) by striking ``(b) The Director'' and inserting ``(b)(1)
The Administrator''; and
(2) by adding at the end the following new paragraph:
``(2) The Administrator shall grant an extension of the 90-day
period for appeals referred to in paragraph (1) for 90 additional days
if an affected community certifies to the Administrator, after the
expiration of at least 60 days of such period, that the community--
``(A) believes there are property owners or lessees in the
community who are unaware of such period for appeals; and
``(B) will utilize the extension under this paragraph to
notify property owners or lessees who are affected by the
proposed flood elevation determinations of the period for
appeals and the opportunity to appeal the determinations
proposed by the Administrator.''.
(c) Applicability.--The amendments made by subsections (a) and (b)
shall apply with respect to any flood elevation determination for any
area in a community that has not, as of the date of the enactment of
this Act, been issued a Letter of Final Determination for such
determination under the flood insurance map modernization process.
SEC. 3025. RESERVE FUND.
(a) Establishment.--Chapter I of the National Flood Insurance Act
of 1968 is amended by inserting after section 1310 (42 U.S.C. 4017) the
following new section:
``SEC. 1310A. RESERVE FUND.
``(a) Establishment of Reserve Fund.--In carrying out the flood
insurance program authorized by this title, the Administrator shall
establish in the Treasury of the United States a National Flood
Insurance Reserve Fund (in this section referred to as the `Reserve
Fund') which shall--
``(1) be an account separate from any other accounts or
funds available to the Administrator; and
``(2) be available for meeting the expected future
obligations of the flood insurance program.
``(b) Reserve Ratio.--Subject to the phase-in requirements under
subsection (d), the Reserve Fund shall maintain a balance equal to--
``(1) 1 percent of the sum of the total potential loss
exposure of all outstanding flood insurance policies in force
in the prior fiscal year; or
``(2) such higher percentage as the Administrator
determines to be appropriate, taking into consideration any
circumstance that may raise a significant risk of substantial
future losses to the Reserve Fund.
``(c) Maintenance of Reserve Ratio.--
``(1) In general.--The Administrator shall have the
authority to establish, increase, or decrease the amount of
aggregate annual insurance premiums to be collected for any
fiscal year necessary--
``(A) to maintain the reserve ratio required under
subsection (b); and
``(B) to achieve such reserve ratio, if the actual
balance of such reserve is below the amount required
under subsection (b).
``(2) Considerations.--In exercising the authority under
paragraph (1), the Administrator shall consider--
``(A) the expected operating expenses of the
Reserve Fund;
``(B) the insurance loss expenditures under the
flood insurance program;
``(C) any investment income generated under the
flood insurance program; and
``(D) any other factor that the Administrator
determines appropriate.
``(3) Limitations.--In exercising the authority under
paragraph (1), the Administrator shall be subject to all other
provisions of this Act, including any provisions relating to
chargeable premium rates and annual increases of such rates.
``(d) Phase-In Requirements.--The phase-in requirements under this
subsection are as follows:
``(1) In general.--Beginning in fiscal year 2012 and not
ending until the fiscal year in which the ratio required under
subsection (b) is achieved, in each such fiscal year the
Administrator shall place in the Reserve Fund an amount equal
to not less than 7.5 percent of the reserve ratio required
under subsection (b).
``(2) Amount satisfied.--As soon as the ratio required
under subsection (b) is achieved, and except as provided in
paragraph (3), the Administrator shall not be required to set
aside any amounts for the Reserve Fund.
``(3) Exception.--If at any time after the ratio required
under subsection (b) is achieved, the Reserve Fund falls below
the required ratio under subsection (b), the Administrator
shall place in the Reserve Fund for that fiscal year an amount
equal to not less than 7.5 percent of the reserve ratio
required under subsection (b).
``(e) Limitation on Reserve Ratio.--In any given fiscal year, if
the Administrator determines that the reserve ratio required under
subsection (b) cannot be achieved, the Administrator shall submit a
report to the Congress that--
``(1) describes and details the specific concerns of the
Administrator regarding such consequences;
``(2) demonstrates how such consequences would harm the
long-term financial soundness of the flood insurance program;
and
``(3) indicates the maximum attainable reserve ratio for
that particular fiscal year.
``(f) Availability of Amounts.--The reserve ratio requirements
under subsection (b) and the phase-in requirements under subsection (d)
shall be subject to the availability of amounts in the National Flood
Insurance Fund for transfer under section 1310(a)(10), as provided in
section 1310(f).''.
(b) Funding.--Subsection (a) of section 1310 of the National Flood
Insurance Act of 1968 (42 U.S.C. 4017(a)) is amended--
(1) in paragraph (8), by striking ``and'' at the end;
(2) in paragraph (9), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(10) for transfers to the National Flood Insurance
Reserve Fund under section 1310A, in accordance with such
section.''.
SEC. 3026. CDBG ELIGIBILITY FOR FLOOD INSURANCE OUTREACH ACTIVITIES AND
COMMUNITY BUILDING CODE ADMINISTRATION GRANTS.
Section 105(a) of the Housing and Community Development Act of 1974
(42 U.S.C. 5305(a)) is amended--
(1) in paragraph (24), by striking ``and'' at the end;
(2) in paragraph (25), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following new paragraphs:
``(26) supplementing existing State or local funding for
administration of building code enforcement by local building
code enforcement departments, including for increasing
staffing, providing staff training, increasing staff competence
and professional qualifications, and supporting individual
certification or departmental accreditation, and for capital
expenditures specifically dedicated to the administration of
the building code enforcement department, except that, to be
eligible to use amounts as provided in this paragraph--
``(A) a building code enforcement department shall
provide matching, non-Federal funds to be used in
conjunction with amounts used under this paragraph in
an amount--
``(i) in the case of a building code
enforcement department serving an area with a
population of more than 50,000, equal to not
less than 50 percent of the total amount of any
funds made available under this title that are
used under this paragraph;
``(ii) in the case of a building code
enforcement department serving an area with a
population of between 20,001 and 50,000, equal
to not less than 25 percent of the total amount
of any funds made available under this title
that are used under this paragraph; and
``(iii) in the case of a building code
enforcement department serving an area with a
population of less than 20,000, equal to not
less than 12.5 percent of the total amount of
any funds made available under this title that
are used under this paragraph,
except that the Secretary may waive the matching fund
requirements under this subparagraph, in whole or in
part, based upon the level of economic distress of the
jurisdiction in which is located the local building
code enforcement department that is using amounts for
purposes under this paragraph, and shall waive such
matching fund requirements in whole for any recipient
jurisdiction that has dedicated all building code
permitting fees to the conduct of local building code
enforcement; and
``(B) any building code enforcement department
using funds made available under this title for
purposes under this paragraph shall empanel a code
administration and enforcement team consisting of at
least 1 full-time building code enforcement officer, a
city planner, and a health planner or similar officer;
and
``(27) provision of assistance to local governmental
agencies responsible for floodplain management activities
(including such agencies of Indians tribes, as such term is
defined in section 4 of the Native American Housing Assistance
and Self-Determination Act of 1996 (25 U.S.C. 4103)) in
communities that participate in the national flood insurance
program under the National Flood Insurance Act of 1968 (42
U.S.C. 4001 et seq.), only for carrying out outreach activities
to encourage and facilitate the purchase of flood insurance
protection under such Act by owners and renters of properties
in such communities and to promote educational activities that
increase awareness of flood risk reduction; except that--
``(A) amounts used as provided under this paragraph
shall be used only for activities designed to--
``(i) identify owners and renters of
properties in communities that participate in
the national flood insurance program, including
owners of residential and commercial
properties;
``(ii) notify such owners and renters when
their properties become included in, or when
they are excluded from, an area having special
flood hazards and the effect of such inclusion
or exclusion on the applicability of the
mandatory flood insurance purchase requirement
under section 102 of the Flood Disaster
Protection Act of 1973 (42 U.S.C. 4012a) to
such properties;
``(iii) educate such owners and renters
regarding the flood risk and reduction of this
risk in their community, including the
continued flood risks to areas that are no
longer subject to the flood insurance mandatory
purchase requirement;
``(iv) educate such owners and renters
regarding the benefits and costs of maintaining
or acquiring flood insurance, including, where
applicable, lower-cost preferred risk policies
under this title for such properties and the
contents of such properties;
``(v) encourage such owners and renters to
maintain or acquire such coverage;
``(vi) notify such owners of where to
obtain information regarding how to obtain such
coverage, including a telephone number, mailing
address, and Internet site of the Administrator
of the Federal Emergency Management Agency (in
this paragraph referred to as the
`Administrator') where such information is
available; and
``(vii) educate local real estate agents in
communities participating in the national flood
insurance program regarding the program and the
availability of coverage under the program for
owners and renters of properties in such
communities, and establish coordination and
liaisons with such real estate agents to
facilitate purchase of coverage under the
National Flood Insurance Act of 1968 and
increase awareness of flood risk reduction;
``(B) in any fiscal year, a local governmental
agency may not use an amount under this paragraph that
exceeds 3 times the amount that the agency certifies,
as the Secretary, in consultation with the
Administrator, shall require, that the agency will
contribute from non-Federal funds to be used with such
amounts used under this paragraph only for carrying out
activities described in subparagraph (A); and for
purposes of this subparagraph, the term `non-Federal
funds' includes State or local government agency
amounts, in-kind contributions, any salary paid to
staff to carry out the eligible activities of the local
governmental agency involved, the value of the time and
services contributed by volunteers to carry out such
services (at a rate determined by the Secretary), and
the value of any donated material or building and the
value of any lease on a building;
``(C) a local governmental agency that uses amounts
as provided under this paragraph may coordinate or
contract with other agencies and entities having
particular capacities, specialties, or experience with
respect to certain populations or constituencies,
including elderly or disabled families or persons, to
carry out activities described in subparagraph (A) with
respect to such populations or constituencies; and
``(D) each local government agency that uses
amounts as provided under this paragraph shall submit a
report to the Secretary and the Administrator, not
later than 12 months after such amounts are first
received, which shall include such information as the
Secretary and the Administrator jointly consider
appropriate to describe the activities conducted using
such amounts and the effect of such activities on the
retention or acquisition of flood insurance
coverage.''.
SEC. 3027. TECHNICAL CORRECTIONS.
(a) Flood Disaster Protection Act of 1973.--The Flood Disaster
Protection Act of 1973 (42 U.S.C. 4002 et seq.) is amended--
(1) by striking ``Director'' each place such term appears,
except in section 102(f)(3) (42 U.S.C. 4012a(f)(3)), and
inserting ``Administrator''; and
(2) in section 201(b) (42 U.S.C. 4105(b)), by striking
``Director's'' and inserting ``Administrator's''.
(b) National Flood Insurance Act of 1968.--The National Flood
Insurance Act of 1968 (42 U.S.C. 4001 et seq.) is amended--
(1) by striking ``Director'' each place such term appears
and inserting ``Administrator''; and
(2) in section 1363 (42 U.S.C. 4104), by striking
``Director's'' each place such term appears and inserting
``Administrator's''.
(c) Federal Flood Insurance Act of 1956.--Section 15(e) of the
Federal Flood Insurance Act of 1956 (42 U.S.C. 2414(e)) is amended by
striking ``Director'' each place such term appears and inserting
``Administrator''.
SEC. 3028. REQUIRING COMPETITION FOR NATIONAL FLOOD INSURANCE PROGRAM
POLICIES.
(a) Report.--Not later than the expiration of the 90-day period
beginning upon the date of the enactment of this Act, the Administrator
of the Federal Emergency Management Agency, in consultation with
insurance companies, insurance agents and other organizations with
which the Administrator has contracted, shall submit to the Congress a
report describing procedures and policies that the Administrator shall
implement to limit the percentage of policies for flood insurance
coverage under the national flood insurance program that are directly
managed by the Agency to not more than 10 percent of the aggregate
number of flood insurance policies in force under such program.
(b) Implementation.--Upon submission of the report under subsection
(a) to the Congress, the Administrator shall implement the policies and
procedures described in the report. The Administrator shall, not later
than the expiration of the 12-month period beginning upon submission of
such report, reduce the number of policies for flood insurance coverage
that are directly managed by the Agency, or by the Agency's direct
servicing contractor that is not an insurer, to not more than 10
percent of the aggregate number of flood insurance policies in force as
of the expiration of such 12-month period.
(c) Continuation of Current Agent Relationships.--In carrying out
subsection (b), the Administrator shall ensure that--
(1) agents selling or servicing policies described in such
subsection are not prevented from continuing to sell or service
such policies; and
(2) insurance companies are not prevented from waiving any
limitation such companies could otherwise enforce to limit any
such activity.
SEC. 3029. STUDIES OF VOLUNTARY COMMUNITY-BASED FLOOD INSURANCE
OPTIONS.
(a) Studies.--The Administrator of the Federal Emergency Management
Agency and the Comptroller General of the United States shall each
conduct a separate study to assess options, methods, and strategies for
offering voluntary community-based flood insurance policy options and
incorporating such options into the national flood insurance program.
Such studies shall take into consideration and analyze how the policy
options would affect communities having varying economic bases,
geographic locations, flood hazard characteristics or classifications,
and flood management approaches.
(b) Reports.--Not later than the expiration of the 18-month period
beginning on the date of the enactment of this Act, the Administrator
of the Federal Emergency Management Agency and the Comptroller General
of the United States shall each submit a report to the Committee on
Financial Services of the House of Representatives and the Committee on
Banking, Housing, and Urban Affairs of the Senate on the results and
conclusions of the study such agency conducted under subsection (a),
and each such report shall include recommendations for the best manner
to incorporate voluntary community-based flood insurance options into
the national flood insurance program and for a strategy to implement
such options that would encourage communities to undertake flood
mitigation activities.
SEC. 3030. REPORT ON INCLUSION OF BUILDING CODES IN FLOODPLAIN
MANAGEMENT CRITERIA.
Not later than the expiration of the 6-month period beginning on
the date of the enactment of this Act, the Administrator of the Federal
Emergency Management Agency shall conduct a study and submit a report
to the Committee on Financial Services of the House of Representatives
and the Committee on Banking, Housing, and Urban Affairs of the Senate
regarding the impact, effectiveness, and feasibility of amending
section 1361 of the National Flood Insurance Act of 1968 (42 U.S.C.
4102) to include widely used and nationally recognized building codes
as part of the floodplain management criteria developed under such
section, and shall determine--
(1) the regulatory, financial, and economic impacts of such
a building code requirement on homeowners, States and local
communities, local land use policies, and the Federal Emergency
Management Agency;
(2) the resources required of State and local communities
to administer and enforce such a building code requirement;
(3) the effectiveness of such a building code requirement
in reducing flood-related damage to buildings and contents;
(4) the impact of such a building code requirement on the
actuarial soundness of the National Flood Insurance Program;
(5) the effectiveness of nationally recognized codes in
allowing innovative materials and systems for flood-resistant
construction;
(6) the feasibility and effectiveness of providing an
incentive in lower premium rates for flood insurance coverage
under such Act for structures meeting whichever of such widely
used and nationally recognized building code or any applicable
local building code provides greater protection from flood
damage;
(7) the impact of such a building code requirement on rural
communities with different building code challenges than more
urban environments; and
(8) the impact of such a building code requirement on
Indian reservations.
SEC. 3031. STUDY ON GRADUATED RISK.
(a) Study.--The National Academy of Sciences shall conduct a study
exploring methods for understanding graduated risk behind levees and
the associated land development, insurance, and risk communication
dimensions, which shall--
(1) research, review, and recommend current best practices
for estimating direct annualized flood losses behind levees for
residential and commercial structures;
(2) rank such practices based on their best value,
balancing cost, scientific integrity, and the inherent
uncertainties associated with all aspects of the loss estimate,
including geotechnical engineering, flood frequency estimates,
economic value, and direct damages;
(3) research, review, and identify current best floodplain
management and land use practices behind levees that
effectively balance social, economic, and environmental
considerations as part of an overall flood risk management
strategy;
(4) identify examples where such practices have proven
effective and recommend methods and processes by which they
could be applied more broadly across the United States, given
the variety of different flood risks, State and local legal
frameworks, and evolving judicial opinions;
(5) research, review, and identify a variety of flood
insurance pricing options for flood hazards behind levees which
are actuarially sound and based on the flood risk data
developed using the top three best value approaches identified
pursuant to paragraph (1);
(6) evaluate and recommend methods to reduce insurance
costs through creative arrangements between insureds and
insurers while keeping a clear accounting of how much financial
risk is being borne by various parties such that the entire
risk is accounted for, including establishment of explicit
limits on disaster aid or other assistance in the event of a
flood; and
(7) taking into consideration the recommendations pursuant
to paragraphs (1) through (3), recommend approaches to
communicating the associated risks to community officials,
homeowners, and other residents.
(b) Report.--Not later than the expiration of the 12-month period
beginning on the date of the enactment of this Act, the National
Academy of Sciences shall submit a report to the Committees on
Financial Services and Science, Space, and Technology of the House of
Representatives and the Committees on Banking, Housing, and Urban
Affairs and Commerce, Science and Transportation of the Senate on the
study under subsection (a) including the information and
recommendations required under such subsection.
SEC. 3032. REPORT ON FLOOD-IN-PROGRESS DETERMINATION.
The Administrator of the Federal Emergency Management Agency shall
review the processes and procedures for determining that a flood event
has commenced or is in progress for purposes of flood insurance
coverage made available under the national flood insurance program
under the National Flood Insurance Act of 1968 and for providing public
notification that such an event has commenced or is in progress. In
such review, the Administrator shall take into consideration the
effects and implications that weather conditions, such as rainfall,
snowfall, projected snowmelt, existing water levels, and other
conditions have on the determination that a flood event has commenced
or is in progress. Not later than the expiration of the 6-month period
beginning upon the date of the enactment of this Act, the Administrator
shall submit a report to the Congress setting forth the results and
conclusions of the review undertaken pursuant to this section and any
actions undertaken or proposed actions to be taken to provide for a
more precise and technical determination that a flooding event has
commenced or is in progress.
SEC. 3033. STUDY ON REPAYING FLOOD INSURANCE DEBT.
Not later than the expiration of the 6-month period beginning on
the date of the enactment of this Act, the Administrator of the Federal
Emergency Management Agency shall submit a report to the Congress
setting forth a plan for repaying within 10 years all amounts,
including any amounts previously borrowed but not yet repaid, owed
pursuant to clause (2) of subsection (a) of section 1309 of the
National Flood Insurance Act of 1968 (42 U.S.C. 4016(a)(2)).
SEC. 3034. NO CAUSE OF ACTION.
No cause of action shall exist and no claim may be brought against
the United States for violation of any notification requirement imposed
upon the United States by this title or any amendment made by this
title.
SEC. 3035. AUTHORITY FOR THE CORPS OF ENGINEERS TO PROVIDE SPECIALIZED
OR TECHNICAL SERVICES.
(a) In General.--Notwithstanding any other provision of law, upon
the request of a State or local government, the Secretary of the Army
may evaluate a levee system that was designed or constructed by the
Secretary for the purposes of the National Flood Insurance Program
established under chapter 1 of the National Flood Insurance Act of 1968
(42 U.S.C. 4011 et seq.).
(b) Requirements.--A levee system evaluation under subsection (a)
shall--
(1) comply with applicable regulations related to areas
protected by a levee system;
(2) be carried out in accordance with such procedures as
the Secretary, in consultation with the Administrator of the
Federal Emergency Management Agency, may establish; and
(3) be carried out only if the State or local government
agrees to reimburse the Secretary for all cost associated with
the performance of the activities.
TITLE IV--JUMPSTARTING OPPORTUNITY WITH BROADBAND SPECTRUM ACT OF 2011
SEC. 4001. SHORT TITLE.
This title may be cited as the ``Jumpstarting Opportunity with
Broadband Spectrum Act of 2011'' or the ``JOBS Act of 2011''.
SEC. 4002. DEFINITIONS.
In this title:
(1) 700 mhz d block spectrum.--The term ``700 MHz D block
spectrum'' means the portion of the electromagnetic spectrum
between the frequencies from 758 megahertz to 763 megahertz and
between the frequencies from 788 megahertz to 793 megahertz.
(2) 700 mhz public safety guard band spectrum.--The term
``700 MHz public safety guard band spectrum'' means the portion
of the electromagnetic spectrum between the frequencies from
768 megahertz to 769 megahertz and between the frequencies from
798 megahertz to 799 megahertz.
(3) 700 mhz public safety narrowband spectrum.--The term
``700 MHz public safety narrowband spectrum'' means the portion
of the electromagnetic spectrum between the frequencies from
769 megahertz to 775 megahertz and between the frequencies from
799 megahertz to 805 megahertz.
(4) Administrator.--The term ``Administrator'' means the
entity selected under section 4203(a) to serve as Administrator
of the National Public Safety Communications Plan.
(5) Assistant secretary.--The term ``Assistant Secretary''
means the Assistant Secretary of Commerce for Communications
and Information.
(6) Board.--The term ``Board'' means the Public Safety
Communications Planning Board established under section
4202(a)(1).
(7) Broadcast television licensee.--The term ``broadcast
television licensee'' means the licensee of--
(A) a full-power television station; or
(B) a low-power television station that has been
accorded primary status as a Class A television
licensee under section 73.6001(a) of title 47, Code of
Federal Regulations.
(8) Broadcast television spectrum.--The term ``broadcast
television spectrum'' means the portions of the electromagnetic
spectrum between the frequencies from 54 megahertz to 72
megahertz, from 76 megahertz to 88 megahertz, from 174
megahertz to 216 megahertz, and from 470 megahertz to 698
megahertz.
(9) Commercial mobile data service.--The term ``commercial
mobile data service'' means any mobile service (as defined in
section 3 of the Communications Act of 1934 (47 U.S.C. 153))
that is--
(A) a data service;
(B) provided for profit; and
(C) available to the public or such classes of
eligible users as to be effectively available to a
substantial portion of the public, as specified by
regulation by the Commission.
(10) Commercial mobile service.--The term ``commercial
mobile service'' has the meaning given such term in section 332
of the Communications Act of 1934 (47 U.S.C. 332).
(11) Commercial standards.--The term ``commercial
standards'' means the technical standards followed by the
commercial mobile service and commercial mobile data service
industries for network, device, and Internet Protocol
connectivity. Such term includes standards developed by the
Third Generation Partnership Project (3GPP), the Institute of
Electrical and Electronics Engineers (IEEE), the Alliance for
Telecommunications Industry Solutions (ATIS), the Internet
Engineering Task Force (IETF), and the International
Telecommunication Union (ITU).
(12) Commission.--The term ``Commission'' means the Federal
Communications Commission.
(13) Emergency call.--The term ``emergency call'' means any
real-time communication with a public safety answering point or
other emergency management or response agency, including--
(A) through voice, text, or video and related data;
and
(B) nonhuman-initiated automatic event alerts, such
as alarms, telematics, or sensor data, which may also
include real-time voice, text, or video communications.
(14) Forward auction.--The term ``forward auction'' means
the portion of an incentive auction of broadcast television
spectrum under section 4104(c).
(15) Incentive auction.--The term ``incentive auction''
means a system of competitive bidding under subparagraph (G) of
section 309(j)(8) of the Communications Act of 1934, as added
by section 4103.
(16) Multichannel video programming distributor.--The term
``multichannel video programming distributor'' has the meaning
given such term in section 602 of the Communications Act of
1934 (47 U.S.C. 522).
(17) National public safety communications plan.--The term
``National Public Safety Communications Plan'' or ``Plan''
means the plan adopted under section 4202(c).
(18) Next generation 9-1-1 services.--The term ``Next
Generation 9-1-1 services'' means an IP-based system comprised
of hardware, software, data, and operational policies and
procedures that--
(A) provides standardized interfaces from emergency
call and message services to support emergency
communications;
(B) processes all types of emergency calls,
including voice, text, data, and multimedia
information;
(C) acquires and integrates additional emergency
call data useful to call routing and handling;
(D) delivers the emergency calls, messages, and
data to the appropriate public safety answering point
and other appropriate emergency entities;
(E) supports data or video communications needs for
coordinated incident response and management; and
(F) provides broadband service to public safety
answering points or other first responder entities.
(19) NTIA.--The term ``NTIA'' means the National
Telecommunications and Information Administration.
(20) Public safety answering point.--The term ``public
safety answering point'' has the meaning given such term in
section 222 of the Communications Act of 1934 (47 U.S.C. 222).
(21) Public safety broadband spectrum.--The term ``public
safety broadband spectrum'' means the portion of the
electromagnetic spectrum between the frequencies from 763
megahertz to 768 megahertz and between the frequencies from 793
megahertz to 798 megahertz.
(22) Public safety communications.--The term ``public
safety communications'' means communications by providers of
public safety services.
(23) Public safety services.--The term ``public safety
services'' has the meaning given such term in section 337 of
the Communications Act of 1934 (47 U.S.C. 337).
(24) Reverse auction.--The term ``reverse auction'' means
the portion of an incentive auction of broadcast television
spectrum under section 4104(a), in which a broadcast television
licensee may submit bids stating the amount it would accept for
voluntarily relinquishing some or all of its broadcast
television spectrum usage rights.
(25) Spectrum licensed to the administrator.--The term
``spectrum licensed to the Administrator'' means the portion of
the electromagnetic spectrum that the Administrator is licensed
to use under section 4201(a).
(26) State.--The term ``State'' has the meaning given such
term in section 3 of the Communications Act of 1934 (47 U.S.C.
153).
(27) State public safety broadband communications
network.--The term ``State public safety broadband
communications network'' means a broadband network for public
safety communications established by a State Public Safety
Broadband Office, in accordance with the National Public Safety
Communications Plan, using the spectrum licensed to the
Administrator.
(28) State public safety broadband office.--The term
``State Public Safety Broadband Office'' means an office
established or designated under section 4221(a).
(29) Ultra high frequency.--The term ``ultra high
frequency'' means, with respect to a television channel, that
the channel is located in the portion of the electromagnetic
spectrum between the frequencies from 470 megahertz to 698
megahertz.
(30) Very high frequency.--The term ``very high frequency''
means, with respect to a television channel, that the channel
is located in the portion of the electromagnetic spectrum
between the frequencies from 54 megahertz to 72 megahertz, from
76 megahertz to 88 megahertz, or from 174 megahertz to 216
megahertz.
SEC. 4003. RULE OF CONSTRUCTION.
Each range of frequencies described in this title shall be
construed to be inclusive of the upper and lower frequencies in the
range.
SEC. 4004. ENFORCEMENT.
(a) In General.--The Commission shall implement and enforce this
title as if this title is a part of the Communications Act of 1934 (47
U.S.C. 151 et seq.). A violation of this title, or a regulation
promulgated under this title, shall be considered to be a violation of
the Communications Act of 1934, or a regulation promulgated under such
Act, respectively.
(b) Exceptions.--
(1) Other agencies.--Subsection (a) does not apply in the
case of a provision of this title that is expressly required to
be carried out by an agency (as defined in section 551 of title
5, United States Code) other than the Commission.
(2) NTIA regulations.--The Assistant Secretary may
promulgate such regulations as are necessary to implement and
enforce any provision of this title that is expressly required
to be carried out by the Assistant Secretary.
SEC. 4005. NATIONAL SECURITY RESTRICTIONS ON USE OF FUNDS AND AUCTION
PARTICIPATION.
(a) Use of Funds.--No funds made available by section 4102 or
subtitle B may be used to make payments under a contract to a person
described in subsection (c).
(b) Auction Participation.--A person described in subsection (c)
may not participate in a system of competitive bidding under section
309(j) of the Communications Act of 1934 (47 U.S.C. 309(j))--
(1) that is required to be conducted by this title; or
(2) in which any spectrum usage rights for which licenses
are being assigned were made available under clause (i) of
subparagraph (G) of paragraph (8) of such section, as added by
section 4103.
(c) Person Described.--A person described in this subsection is a
person who has been, for reasons of national security, barred by any
agency of the Federal Government from bidding on a contract,
participating in an auction, or receiving a grant.
Subtitle A--Spectrum Auction Authority
SEC. 4101. DEADLINES FOR AUCTION OF CERTAIN SPECTRUM.
(a) Clearing Certain Federal Spectrum.--
(1) In general.--The President shall--
(A) not later than 3 years after the date of the
enactment of this Act, begin the process of withdrawing
or modifying the assignment to a Federal Government
station of the electromagnetic spectrum described in
paragraph (2); and
(B) not later than 30 days after completing the
withdrawal or modification, notify the Commission that
the withdrawal or modification is complete.
(2) Spectrum described.--The electromagnetic spectrum
described in this paragraph is the following:
(A) The frequencies between 1755 megahertz and 1780
megahertz, except that if--
(i) the Secretary of Commerce--
(I) determines that such
frequencies cannot be reallocated for
non-Federal use because incumbent
Federal operations cannot be
eliminated, relocated to other
spectrum, or accommodated through other
means;
(II) identifies other spectrum for
reallocation for non-Federal use that
the Secretary of Commerce determines
can reasonably be expected to produce a
comparable amount of net auction
proceeds; and
(III) submits to the Committee on
Commerce, Science, and Transportation
of the Senate and the Committee on
Energy and Commerce of the House of
Representatives a report that
identifies such spectrum and explains
the determinations under subclauses (I)
and (II); and
(ii) not later than 1 year after the date
of the submission of such report, there is
enacted a law approving the substitution of the
spectrum identified under clause (i)(II) for
the frequencies between 1755 megahertz and 1780
megahertz;
the spectrum described in this subparagraph shall be
the spectrum identified under such clause.
(B) The 15 megahertz of spectrum between 1675
megahertz and 1710 megahertz identified under paragraph
(3).
(C) The frequencies between 3550 megahertz and 3650
megahertz, except for the geographic exclusion zones
(as such zones may be amended) identified in the report
of the NTIA published in October 2010 and entitled ``An
Assessment of Near-Term Viability of Accommodating
Wireless Broadband Systems in 1675-1710 MHz, 1755-1780
MHz, 3500-3650 MHz, and 4200-4220 MHz, 4380-4400 MHz
Bands''.
(3) Identification by secretary of commerce.--Not later
than 1 year after the date of the enactment of this Act, the
Secretary of Commerce shall submit to the President a report
identifying 15 megahertz of spectrum between 1675 megahertz and
1710 megahertz for reallocation from Federal use to non-Federal
use.
(b) Reallocation and Auction.--
(1) In general.--Notwithstanding paragraph (15)(A) of
section 309(j) of the Communications Act of 1934 (47 U.S.C.
309(j)), not later than 3 years after the date of the enactment
of this Act, the Commission shall, except as provided in
paragraph (4)--
(A) allocate the spectrum described in paragraph
(2) for commercial use; and
(B) through a system of competitive bidding under
such section, grant new initial licenses for the use of
such spectrum, subject to flexible-use service rules.
(2) Spectrum described.--The spectrum described in this
paragraph is the following:
(A) The frequencies between 1915 megahertz and 1920
megahertz, paired with the frequencies between 1995
megahertz and 2000 megahertz.
(B) The frequencies described in subsection
(a)(2)(A).
(C) The frequencies between 2155 megahertz and 2180
megahertz.
(D) The 15 megahertz of spectrum identified under
subsection (a)(3), paired with 15 megahertz of
contiguous spectrum to be identified by the Commission.
(E) The frequencies described in subsection
(a)(2)(C).
(3) Proceeds to cover 110 percent of federal relocation or
sharing costs.--Nothing in paragraph (1) shall be construed to
relieve the Commission from the requirements of section
309(j)(16)(B) of the Communications Act of 1934 (47 U.S.C.
309(j)(16)(B)).
(4) Determination by commission.--If the Commission
determines that either band of frequencies described in
paragraph (2)(A) cannot be used without causing harmful
interference to commercial mobile service licensees in the
frequencies between 1930 megahertz and 1995 megahertz, the
Commission may not--
(A) allocate for commercial use under paragraph
(1)(A) either band described in paragraph (2)(A); or
(B) grant licenses under paragraph (1)(B) for the
use of either band described in paragraph (2)(A).
(c) Auction Proceeds.--Section 309(j)(8) of the Communications Act
of 1934 (47 U.S.C. 309(j)(8)) is amended--
(1) in subparagraph (A), by striking ``(D), and (E),'' and
inserting ``(D), (E), (F), and (G),'';
(2) in subparagraph (C)(i), by striking ``subparagraph
(E)(ii)'' and inserting ``subparagraphs (D)(ii), (E)(ii), (F),
and (G)'';
(3) in subparagraph (D)--
(A) by striking the heading and inserting
``Proceeds from reallocated federal spectrum'';
(B) by striking ``Cash'' and inserting the
following:
``(i) In general.--Except as provided in
clause (ii), cash''; and
(C) by adding at the end the following:
``(ii) Certain other proceeds.--
Notwithstanding subparagraph (A) and except as
provided in subparagraph (B), in the case of
proceeds (including deposits and upfront
payments from successful bidders) attributable
to the auction of eligible frequencies
described in paragraph (2) of section 113(g) of
the National Telecommunications and Information
Administration Organization Act that are
required to be auctioned by section
4101(b)(1)(B) of the Jumpstarting Opportunity
with Broadband Spectrum Act of 2011, such
portion of such proceeds as is necessary to
cover the relocation or sharing costs (as
defined in paragraph (3) of such section
113(g)) of Federal entities relocated from such
eligible frequencies shall be deposited in the
Spectrum Relocation Fund. The remainder of such
proceeds shall be deposited in the Public
Safety Trust Fund established by section
4241(a)(1) of the Jumpstarting Opportunity with
Broadband Spectrum Act of 2011.''; and
(4) by adding at the end the following:
``(F) Certain proceeds designated for public safety
trust fund.--Notwithstanding subparagraph (A) and
except as provided in subparagraphs (B) and (D)(ii),
the proceeds (including deposits and upfront payments
from successful bidders) from the use of a system of
competitive bidding under this subsection pursuant to
section 4101(b)(1)(B) of the Jumpstarting Opportunity
with Broadband Spectrum Act of 2011 shall be deposited
in the Public Safety Trust Fund established by section
4241(a)(1) of such Act.''.
SEC. 4102. 700 MHZ PUBLIC SAFETY NARROWBAND SPECTRUM AND GUARD BAND
SPECTRUM.
(a) Reallocation and Auction.--
(1) In general.--On the date that is 5 years after a
certification by the Administrator to the Commission of the
availability of standards for public safety voice over
broadband, the Commission shall, notwithstanding paragraph
(15)(A) of section 309(j) of the Communications Act of 1934 (47
U.S.C. 309(j))--
(A) reallocate the 700 MHz public safety narrowband
spectrum and the 700 MHz public safety guard band
spectrum for commercial use; and
(B) begin a system of competitive bidding under
such section to grant new initial licenses for the use
of such spectrum.
(2) Auction proceeds.--Notwithstanding subparagraphs (A)
and (C)(i) of paragraph (8) of such section, not more than
$1,000,000,000 of the proceeds (including deposits and upfront
payments from successful bidders) from the use of a system of
competitive bidding pursuant to paragraph (1)(B) shall be
available to the Assistant Secretary to carry out subsection
(b) and shall remain available until expended.
(b) Grants for Public Safety Radio Equipment.--
(1) In general.--From amounts made available under
subsection (a)(2), the Assistant Secretary shall make grants to
States for the acquisition of public safety radio equipment.
(2) Application.--The Assistant Secretary may only make a
grant under this subsection to a State that submits an
application at such time, in such form, and containing such
information and assurances as the Assistant Secretary may
require.
(3) Quarterly reports.--
(A) From grantees to ntia.--A State receiving grant
funds under this subsection shall, not later than 3
months after receiving such funds and not less
frequently than quarterly thereafter until the date
that is 1 year after all such funds have been expended,
submit to the Assistant Secretary a report on the use
of grant funds by such State.
(B) From ntia to congress.--Not later than 6 months
after making the first grant under this subsection and
not less frequently than quarterly thereafter until the
date that is 18 months after all such funds have been
expended by the grantees, the Assistant Secretary shall
submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Energy and Commerce of the House of Representatives a
report that--
(i) summarizes the reports submitted by
grantees under subparagraph (A); and
(ii) describes and evaluates the use of
grant funds disbursed under this subsection.
(c) Conforming Amendments.--Section 337(a) of the Communications
Act of 1934 (47 U.S.C. 337(a)) is amended--
(1) in the matter preceding paragraph (1)--
(A) by striking ``Not later than January 1, 1998,
the'' and inserting ``The''; and
(B) by inserting ``for either public safety
services or commercial use,'' after ``inclusive,'';
(2) in paragraph (1)--
(A) by striking ``24 megahertz'' and inserting
``Not more than 34 megahertz''; and
(B) by striking ``, in consultation with the
Secretary of Commerce and the Attorney General; and''
and inserting a period; and
(3) in paragraph (2), by striking ``36 megahertz'' and
inserting ``Not more than 40 megahertz''.
SEC. 4103. GENERAL AUTHORITY FOR INCENTIVE AUCTIONS.
Section 309(j)(8) of the Communications Act of 1934, as amended by
section 4101(c), is further amended by adding at the end the following:
``(G) Incentive auctions.--
``(i) In general.--Notwithstanding
subparagraph (A) and except as provided in
subparagraph (B), the Commission may encourage
a licensee to relinquish voluntarily some or
all of its licensed spectrum usage rights in
order to permit the assignment of new initial
licenses subject to flexible-use service rules
by sharing with such licensee a portion, based
on the value of the relinquished rights as
determined in the reverse auction required by
clause (ii)(I), of the proceeds (including
deposits and upfront payments from successful
bidders) from the use of a competitive bidding
system under this subsection.
``(ii) Limitations.--The Commission may not
enter into an agreement for a licensee to
relinquish spectrum usage rights in exchange
for a share of auction proceeds under clause
(i) unless--
``(I) the Commission conducts a
reverse auction to determine the amount
of compensation that licensees would
accept in return for voluntarily
relinquishing spectrum usage rights;
and
``(II) at least two competing
licensees participate in the reverse
auction.
``(iii) Treatment of revenues.--
Notwithstanding subparagraph (A) and except as
provided in subparagraph (B), the proceeds
(including deposits and upfront payments from
successful bidders) from any auction, prior to
the end of fiscal year 2021, of spectrum usage
rights made available under clause (i) that are
not shared with licensees under such clause
shall be deposited as follows:
``(I) $3,000,000,000 of the
proceeds from the incentive auction of
broadcast television spectrum required
by section 4104 of the Jumpstarting
Opportunity with Broadband Spectrum Act
of 2011 shall be deposited in the TV
Broadcaster Relocation Fund established
by subsection (d)(1) of such section.
``(II) All other proceeds shall be
deposited--
``(aa) prior to the end of
fiscal year 2021, in the Public
Safety Trust Fund established
by section 4241(a)(1) of such
Act; and
``(bb) after the end of
fiscal year 2021, in the
general fund of the Treasury,
where such proceeds shall be
dedicated for the sole purpose
of deficit reduction.
``(iv) Congressional notification.--At
least 3 months before any incentive auction
conducted under this subparagraph, the Chairman
of the Commission, in consultation with the
Director of the Office of Management and
Budget, shall notify the appropriate committees
of Congress of the methodology for calculating
the amounts that will be shared with licensees
under clause (i).
``(v) Definition.--In this subparagraph,
the term `appropriate committees of Congress'
means--
``(I) the Committee on Commerce,
Science, and Transportation of the
Senate;
``(II) the Committee on
Appropriations of the Senate;
``(III) the Committee on Energy and
Commerce of the House of
Representatives; and
``(IV) the Committee on
Appropriations of the House of
Representatives.''.
SEC. 4104. SPECIAL REQUIREMENTS FOR INCENTIVE AUCTION OF BROADCAST TV
SPECTRUM.
(a) Reverse Auction To Identify Incentive Amount.--
(1) In general.--The Commission shall conduct a reverse
auction to determine the amount of compensation that each
broadcast television licensee would accept in return for
voluntarily relinquishing some or all of its broadcast
television spectrum usage rights in order to make spectrum
available for assignment through a system of competitive
bidding under subparagraph (G) of section 309(j)(8) of the
Communications Act of 1934, as added by section 4103.
(2) Eligible relinquishments.--A relinquishment of usage
rights for purposes of paragraph (1) shall include the
following:
(A) Relinquishing all usage rights with respect to
a particular television channel without receiving in
return any usage rights with respect to another
television channel.
(B) Relinquishing all usage rights with respect to
an ultra high frequency television channel in return
for receiving usage rights with respect to a very high
frequency television channel.
(C) Relinquishing usage rights in order to share a
television channel with another licensee.
(3) Confidentiality.--The Commission shall take all
reasonable steps necessary to protect the confidentiality of
Commission-held data of a licensee participating in the reverse
auction under paragraph (1), including withholding the identity
of such licensee until the reassignments and reallocations (if
any) under subsection (b)(1)(B) become effective, as described
in subsection (f)(2).
(4) Protection of carriage rights of licensees sharing a
channel.--A broadcast television station that voluntarily
relinquishes spectrum usage rights under this subsection in
order to share a television channel and that possessed carriage
rights under section 338, 614, or 615 of the Communications Act
of 1934 (47 U.S.C. 338; 534; 535) on November 30, 2010, shall
have, at its shared location, the carriage rights under such
section that would apply to such station at such location if it
were not sharing a channel.
(b) Reorganization of Broadcast TV Spectrum.--
(1) In general.--For purposes of making available spectrum
to carry out the forward auction under subsection (c)(1), the
Commission--
(A) shall evaluate the broadcast television
spectrum (including spectrum made available through the
reverse auction under subsection (a)(1)); and
(B) may, subject to international coordination
along the border with Mexico and Canada--
(i) make such reassignments of television
channels as the Commission considers
appropriate; and
(ii) reallocate such portions of such
spectrum as the Commission determines are
available for reallocation.
(2) Factors for consideration.--In making any reassignments
or reallocations under paragraph (1)(B), the Commission shall
make all reasonable efforts to preserve, as of the date of the
enactment of this Act, the coverage area and population served
of each broadcast television licensee, as determined using the
methodology described in OET Bulletin 69 of the Office of
Engineering and Technology of the Commission.
(3) No involuntary relocation from uhf to vhf.--In making
any reassignments under paragraph (1)(B)(i), the Commission may
not involuntarily reassign a broadcast television licensee--
(A) from an ultra high frequency television channel
to a very high frequency television channel; or
(B) from a television channel between the
frequencies from 174 megahertz to 216 megahertz to a
television channel between the frequencies from 54
megahertz to 88 megahertz.
(4) Payment of relocation costs.--
(A) In general.--Except as provided in subparagraph
(B), from amounts made available under subsection
(d)(2), the Commission shall reimburse costs reasonably
incurred by--
(i) a broadcast television licensee that
was reassigned under paragraph (1)(B)(i) from
one ultra high frequency television channel to
a different ultra high frequency television
channel, from one very high frequency
television channel to a different very high
frequency television channel, or, in accordance
with subsection (g)(1)(B), from a very high
frequency television channel to an ultra high
frequency television channel, in order for the
licensee to relocate its television service
from one channel to the other; or
(ii) a multichannel video programming
distributor in order to continue to carry the
signal of a broadcast television licensee
that--
(I) is described in clause (i);
(II) voluntarily relinquishes
spectrum usage rights under subsection
(a) with respect to an ultra high
frequency television channel in return
for receiving usage rights with respect
to a very high frequency television
channel; or
(III) voluntarily relinquishes
spectrum usage rights under subsection
(a) to share a television channel with
another licensee.
(B) Regulatory relief.--In lieu of reimbursement
for relocation costs under subparagraph (A), a
broadcast television licensee may accept, and the
Commission may grant as it considers appropriate, a
waiver of the service rules of the Commission to permit
the licensee, subject to interference protections, to
make flexible use of the spectrum assigned to the
licensee to provide services other than broadcast
television services. Such waiver shall only remain in
effect while the licensee provides at least 1 broadcast
television program stream on such spectrum at no charge
to the public.
(C) Limitation.--The Commission may not make
reimbursements under subparagraph (A) for lost
revenues.
(D) Deadline.--The Commission shall make all
reimbursements required by subparagraph (A) not later
than the date that is 3 years after the completion of
the forward auction under subsection (c)(1).
(5) Low-power television usage rights.--Nothing in this
subsection shall be construed to alter the spectrum usage
rights of low-power television stations.
(c) Forward Auction.--
(1) Auction required.--The Commission shall conduct a
forward auction in which--
(A) the Commission assigns licenses for the use of
the spectrum that the Commission reallocates under
subsection (b)(1)(B)(ii); and
(B) the amount of the proceeds that the Commission
shares under clause (i) of section 309(j)(8)(G) of the
Communications Act of 1934 with each licensee whose bid
the Commission accepts in the reverse auction under
subsection (a)(1) is not less than the amount of such
bid.
(2) Minimum proceeds.--
(A) In general.--If the amount of the proceeds from
the forward auction under paragraph (1) is not greater
than the sum described in subparagraph (B), no licenses
shall be assigned through such forward auction, no
reassignments or reallocations under subsection
(b)(1)(B) shall become effective, and the Commission
may not revoke any spectrum usage rights by reason of a
bid that the Commission accepts in the reverse auction
under subsection (a)(1).
(B) Sum described.--The sum described in this
subparagraph is the sum of--
(i) the total amount of compensation that
the Commission must pay successful bidders in
the reverse auction under subsection (a)(1);
(ii) the costs of conducting such forward
auction that the salaries and expenses account
of the Commission is required to retain under
section 309(j)(8)(B) of the Communications Act
of 1934 (47 U.S.C. 309(j)(8)(B)); and
(iii) the estimated costs for which the
Commission is required to make reimbursements
under subsection (b)(4)(A).
(C) Administrative costs.--The amount of the
proceeds from the forward auction under paragraph (1)
that the salaries and expenses account of the
Commission is required to retain under section
309(j)(8)(B) of the Communications Act of 1934 (47
U.S.C. 309(j)(8)(B)) shall be sufficient to cover the
costs incurred by the Commission in conducting the
reverse auction under subsection (a)(1), conducting the
evaluation of the broadcast television spectrum under
subparagraph (A) of subsection (b)(1), and making any
reassignments or reallocations under subparagraph (B)
of such subsection, in addition to the costs incurred
by the Commission in conducting such forward auction.
(3) Factor for consideration.--In conducting the forward
auction under paragraph (1), the Commission shall consider
assigning licenses that cover geographic areas of a variety of
different sizes.
(d) TV Broadcaster Relocation Fund.--
(1) Establishment.--There is established in the Treasury of
the United States a fund to be known as the TV Broadcaster
Relocation Fund.
(2) Payment of relocation costs.--Any amounts borrowed
under paragraph (3)(A) and any amounts in the TV Broadcaster
Relocation Fund that are not necessary for reimbursement of the
general fund of the Treasury for such borrowed amounts shall be
available to the Commission to make the payments required by
subsection (b)(4)(A).
(3) Borrowing authority.--
(A) In general.--Beginning on the date when any
reassignments or reallocations under subsection
(b)(1)(B) become effective, as provided in subsection
(f)(2), and ending when $1,000,000,000 has been
deposited in the TV Broadcaster Relocation Fund, the
Commission may borrow from the Treasury of the United
States an amount not to exceed $1,000,000,000 to use
toward the payments required by subsection (b)(4)(A).
(B) Reimbursement.--The Commission shall reimburse
the general fund of the Treasury, without interest, for
any amounts borrowed under subparagraph (A) as funds
are deposited into the TV Broadcaster Relocation Fund.
(4) Transfer of unused funds.--If any amounts remain in the
TV Broadcaster Relocation Fund after the date that is 3 years
after the completion of the forward auction under subsection
(c)(1), the Secretary of the Treasury shall--
(A) prior to the end of fiscal year 2021, transfer
such amounts to the Public Safety Trust Fund
established by section 4241(a)(1); and
(B) after the end of fiscal year 2021, transfer
such amounts to the general fund of the Treasury, where
such amounts shall be dedicated for the sole purpose of
deficit reduction.
(e) Numerical Limitation on Auctions and Reorganization.--The
Commission may not complete more than one reverse auction under
subsection (a)(1) or more than one reorganization of the broadcast
television spectrum under subsection (b).
(f) Timing.--
(1) Contemporaneous auctions and reorganization
permitted.--The Commission may conduct the reverse auction
under subsection (a)(1), any reassignments or reallocations
under subsection (b)(1)(B), and the forward auction under
subsection (c)(1) on a contemporaneous basis.
(2) Effectiveness of reassignments and reallocations.--
Notwithstanding paragraph (1), no reassignments or
reallocations under subsection (b)(1)(B) shall become effective
until the completion of the reverse auction under subsection
(a)(1) and the forward auction under subsection (c)(1), and, to
the extent practicable, all such reassignments and
reallocations shall become effective simultaneously.
(3) Deadline.--The Commission may not conduct the reverse
auction under subsection (a)(1) or the forward auction under
subsection (c)(1) after the end of fiscal year 2021.
(4) Limit on discretion regarding auction timing.--Section
309(j)(15)(A) of the Communications Act of 1934 (47 U.S.C.
309(j)(15)(A)) shall not apply in the case of an auction
conducted under this section.
(g) Limitation on Reorganization Authority.--
(1) In general.--During the period described in paragraph
(2), the Commission may not--
(A) involuntarily modify the spectrum usage rights
of a broadcast television licensee or reassign such a
licensee to another television channel except--
(i) in accordance with this section; or
(ii) in the case of a violation by such
licensee of the terms of its license or a
specific provision of a statute administered by
the Commission, or a regulation of the
Commission promulgated under any such
provision; or
(B) reassign a broadcast television licensee from a
very high frequency television channel to an ultra high
frequency television channel, unless such a
reassignment will not decrease the total amount of
ultra high frequency spectrum made available for
reallocation under this section.
(2) Period described.--The period described in this
paragraph is the period beginning on the date of the enactment
of this Act and ending on the earliest of--
(A) the first date when the reverse auction under
subsection (a)(1), the reassignments and reallocations
(if any) under subsection (b)(1)(B), and the forward
auction under subsection (c)(1) have been completed;
(B) the date of a determination by the Commission
that the amount of the proceeds from the forward
auction under subsection (c)(1) is not greater than the
sum described in subsection (c)(2)(B); or
(C) September 30, 2021.
(h) Protest Right Inapplicable.--The right of a licensee to protest
a proposed order of modification of its license under section 316 of
the Communications Act of 1934 (47 U.S.C. 316) shall not apply in the
case of a modification made under this section.
(i) Commission Authority.--Nothing in subsection (b) shall be
construed to--
(1) expand or contract the authority of the Commission,
except as otherwise expressly provided; or
(2) prevent the implementation of the Commission's ``White
Spaces'' Second Report and Order and Memorandum Opinion and
Order (FCC 08-260, adopted November 4, 2008) in the spectrum
that remains allocated for broadcast television use after the
reorganization required by such subsection.
SEC. 4105. ADMINISTRATION OF AUCTIONS BY COMMISSION.
Section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j))
is amended by adding at the end the following new paragraphs:
``(17) Certain conditions on auction participation
prohibited.--Notwithstanding any other provision of law, the
Commission may not prevent a person from participating in a
system of competitive bidding under this subsection if such
person--
``(A) meets the technical, financial, and character
qualifications required by sections 303(l)(1), 308(b),
and 310 to hold a license; or
``(B) could meet such qualifications prior to the
grant of the license.
``(18) Certain licensing conditions prohibited.--In
assigning licenses through a system of competitive bidding
under this subsection, the Commission may not impose any
condition on the licenses assigned through such system that--
``(A) limits the ability of a licensee to manage
the use of its network, including management of the use
of applications, services, or devices on its network,
or to prioritize the traffic on its network as it
chooses; or
``(B) requires a licensee to sell access to its
network on a wholesale basis.''.
SEC. 4106. EXTENSION OF AUCTION AUTHORITY.
Section 309(j)(11) of the Communications Act of 1934 (47 U.S.C.
309(j)(11)) is amended by striking ``2012'' and inserting ``2021''.
SEC. 4107. UNLICENSED USE IN THE 5 GHZ BAND.
(a) Modification of Commission Regulations To Allow Certain
Unlicensed Use.--
(1) In general.--Subject to paragraph (2), not later than 1
year after the date of the enactment of this Act, the
Commission shall begin a proceeding to modify part 15 of title
47, Code of Federal Regulations, to allow unlicensed U-NII
devices to operate in the 5350-5470 MHz band.
(2) Required determinations.--The Commission may make the
modification described in paragraph (1) only if the Commission
determines that--
(A) licensed users will be protected by technical
solutions, including use of existing, modified, or new
spectrum-sharing technologies and solutions, such as
dynamic frequency selection; and
(B) the primary mission of Federal spectrum users
in the 5350-5470 MHz band will not be compromised by
the introduction of unlicensed devices.
(b) Study by NTIA.--
(1) In general.--The Assistant Secretary, in consultation
with the Commission, shall conduct a study evaluating known and
proposed spectrum-sharing technologies and the risk to Federal
users if unlicensed U-NII devices were allowed to operate in
the 5350-5470 MHz band.
(2) Submission.--Not later than 8 months after the date of
the enactment of this Act, the Assistant Secretary shall submit
the study required by paragraph (1) to--
(A) the Commission; and
(B) the Committee on Energy and Commerce of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate.
(c) 5350-5470 MHz Band Defined.--In this section, the term ``5350-
5470 MHz band'' means the portion of the electromagnetic spectrum
between the frequencies from 5350 megahertz to 5470 megahertz.
Subtitle B--Advanced Public Safety Communications
PART 1--NATIONAL IMPLEMENTATION
SEC. 4201. LICENSING OF SPECTRUM TO ADMINISTRATOR.
(a) In General.--Not later than 60 days after the initial selection
under section 4203(a) of an entity to serve as Administrator, the
Commission shall assign to the Administrator a license for the
exclusive use of the public safety broadband spectrum and the 700 MHz D
block spectrum.
(b) Term of License and License Conditions.--
(1) Initial license.--The initial license assigned under
subsection (a) shall be for a term of 10 years.
(2) Renewal of license.--Prior to the expiration of the
term of the initial license assigned under subsection (a) or
the expiration of any renewal of such license, if the
Administrator wishes to continue serving as Administrator after
the license expires, the Administrator shall submit to the
Commission an application for the renewal of such license in
accordance with the Communications Act of 1934 (47 U.S.C. 151
et seq.) and any applicable Commission regulations. Such
renewal application shall demonstrate that, during the term of
the license that the Administrator is seeking to renew, the
Administrator has fulfilled its duties and obligations under
this title and the Communications Act of 1934 and has complied
with all applicable Commission regulations. A renewal of the
initial license granted under subsection (a) or any renewal of
such license shall be for a term not to exceed 10 years.
(3) Use of spectrum.--Except as provided in section
4221(d), the license assigned under subsection (a) and any
renewal of such license shall prohibit the Administrator from
using the public safety broadband spectrum or the 700 MHz D
block spectrum for any purpose other than authorizing the
operation of State public safety broadband communications
networks in accordance with the National Public Safety
Communications Plan.
(4) Limitation on license conditions.--The Commission may
not place any conditions on the license assigned under
subsection (a) or any renewal of such license or, with respect
to the spectrum governed by such license, otherwise prohibit
any action of the Administrator, a State Public Safety
Broadband Office, or an entity with which such an Office has
entered into a contract under section 4221(b)(1)(D), except as
necessary to--
(A) protect other users from harmful interference;
(B) ensure that such spectrum is used in accordance
with the National Public Safety Communications Plan; or
(C) enforce a provision of this title or the
Communications Act of 1934 (47 U.S.C. 151 et seq.) that
governs the use of such spectrum.
(5) License conditioned on service as administrator.--If an
entity ceases to serve as Administrator, the Commission shall,
as soon as practicable after the Assistant Secretary selects a
different entity to serve as Administrator under section
4203(a)(2), transfer to such different entity the license
assigned under subsection (a) or any renewal of such license.
(c) Elimination of D Block Auction Requirement.--Notwithstanding
section 309(j)(15)(C)(v) of the Communications Act of 1934 (47 U.S.C.
309(j)(15)(C)(v)), the Commission may not assign a license for the use
of the 700 MHz D block spectrum except under subsection (a).
(d) Definition of Public Safety Services.--Section 337(f)(1) of the
Communications Act of 1934 (47 U.S.C. 337(f)(1)) is amended--
(1) in subparagraph (A), by striking ``to protect the
safety of life, health, or property'' and inserting ``to
provide law enforcement, fire and rescue response, or emergency
medical assistance (including such assistance provided by
ambulance services, hospitals, and urgent care facilities)'';
and
(2) in subparagraph (B)--
(A) in clause (i), by inserting ``or tribal
organizations (as defined in section 4 of the Indian
Self-Determination and Education Assistance Act (25
U.S.C. 450b))'' before the semicolon; and
(B) in clause (ii), by inserting ``or a tribal
organization'' after ``a governmental entity''.
(e) Conforming Amendments.--Section 337(d)(3) of the Communications
Act of 1934 (47 U.S.C. 337(d)(3)) is amended--
(1) in the matter preceding subparagraph (A), by striking
``public safety services licensees and commercial licensees'';
(2) in subparagraph (A), by inserting ``public safety
services licensees and commercial licensees'' before ``to
aggregate''; and
(3) in subparagraph (B), by inserting ``commercial
licensees'' before ``to disaggregate''.
SEC. 4202. NATIONAL PUBLIC SAFETY COMMUNICATIONS PLAN.
(a) Establishment of Public Safety Communications Planning Board.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Commission shall establish a
board to be known as the Public Safety Communications Planning
Board.
(2) Membership.--The membership of the Board shall be as
follows:
(A) Federal members.--
(i) In general.--Four Federal members as
follows:
(I) The Chairman of the Commission,
or a designee.
(II) The Assistant Secretary, or a
designee.
(III) The Director of the Office of
Emergency Communications in the
Department of Homeland Security, or a
designee.
(IV) The Director of the National
Institute of Standards and Technology,
or a designee.
(ii) Designees.--If a Federal official
designates a designee under clause (i), such
designee shall be an officer or employee of the
agency of the official who is subordinate to
the official, except that the Chairman of the
Commission may designate another Commissioner
of the Commission or an officer or employee of
the Commission.
(B) Non-federal members.--Nine non-Federal members
as follows:
(i) Two members who represent providers of
commercial mobile data service, with one
representing providers that have nationwide
coverage areas and one representing providers
that have regional coverage areas.
(ii) Two members who represent
manufacturers of mobile wireless network
equipment.
(iii) Five members who represent the
interests of State and local governments,
chosen to reflect geographic and population
density differences across the United States,
as follows:
(I) Two members who represent the
public safety interests of the States.
(II) One member who represents
State and local public safety
employees.
(III) Two members who represent
other interests of State and local
governments, to be determined by the
Chairman of the Commission.
(3) Selection of non-federal members.--
(A) Nomination.--For each non-Federal member of the
Board, the group that is represented by such member
shall, by consensus, nominate an individual to serve as
such member and submit the name of the nominee to the
Chairman of the Commission.
(B) Appointment.--The Chairman of the Commission
shall appoint the non-Federal members of the Board from
the nominations submitted under subparagraph (A). If a
group fails to reach consensus on a nominee or to
submit a nomination for a member that represents such
group, or if the nominee is not qualified under
subparagraph (C), the Chairman shall select a member to
represent such group.
(C) Qualifications.--Each non-Federal member
appointed under subparagraph (B) shall meet at least 1
of the following criteria:
(i) Public safety experience.--Knowledge of
and experience in Federal, State, local, or
tribal public safety or emergency response.
(ii) Technical expertise.--Technical
expertise regarding broadband communications,
including public safety communications.
(iii) Network expertise.--Expertise in
building, deploying, and operating commercial
telecommunications networks.
(iv) Financial expertise.--Expertise in
financing and funding telecommunications
networks.
(4) Terms of appointment.--
(A) Length.--
(i) Federal members.--The term of office of
each Federal member of the Board shall be 3
years, except that such term shall end when
such member no longer holds the Federal office
by reason of which such member is a member of
the Board (or, in the case of a designee, the
Federal official who designated such designee
no longer holds the office by reason of which
such designation was made or the designee is no
longer an officer, employee, or Commissioner as
described in paragraph (2)(A)(ii)).
(ii) Non-federal members.--The term of
office of each non-Federal member of the Board
shall be 3 years.
(B) Staggered terms.--With respect to the initial
non-Federal members of the Board--
(i) three members shall serve for a term of
3 years;
(ii) three members shall serve for a term
of 2 years; and
(iii) three members shall serve for a term
of 1 year.
(C) Vacancies.--
(i) Effect of vacancies.--A vacancy in the
membership of the Board shall not affect the
Board's powers, subject to paragraph (8), and
shall be filled in the same manner as the
original member was appointed.
(ii) Appointment to fill vacancy.--A member
of the Board appointed to fill a vacancy
occurring prior to the expiration of the term
for which that member's predecessor was
appointed shall be appointed for the remainder
of the predecessor's term.
(iii) Expiration of term.--A non-Federal
member of the Board whose term has expired may
serve until such member's successor has taken
office, or until the end of the calendar year
in which such member's term has expired,
whichever is earlier.
(5) Chair.--
(A) Selection.--The Chair of the Board shall be
selected by the Board from among the members of the
Board.
(B) Term.--The term of office of the Chair of the
Board shall run from the date when the Chair is
selected until the date when the term of the Chair as a
member of the Board expires.
(6) Removal of chair and non-federal members.--
(A) By board.--The members of the Board may, by
majority vote--
(i) remove the Chair of the Board from the
position of Chair for conduct determined to be
detrimental to the Board; or
(ii) remove from the Board any non-Federal
member of the Board for conduct determined to
be detrimental to the Board.
(B) By chairman of the commission.--The Chairman of
the Commission may, for good cause--
(i) remove the Chair of the Board from the
position of Chair; or
(ii) remove from the Board any non-Federal
member of the Board.
(7) Annual meetings.--In addition to any other meetings
necessary to carry out the duties of the Board under this
section, the Board shall meet--
(A) subject to the call of the Chair; and
(B) annually to consider the most recent report
submitted by the Administrator under section
4203(f)(1).
(8) Quorum.--Seven members of the Board, including not
fewer than 6 non-Federal members, shall constitute a quorum.
(9) Resources.--The Commission shall provide the Board with
the staff, administrative support, and facilities necessary to
carry out the duties of the Board under this section.
(10) Prohibition against compensation.--A member of the
Board shall serve without pay but shall be allowed a per diem
allowance for travel expenses, at rates authorized for an
employee of an agency under subchapter I of chapter 57 of title
5, United States Code, while away from the home or regular
place of business of the member in the performance of the
duties of the Board. Compensation of a Federal member of the
Board for service in the Federal office or employment by reason
of which such member is a member of the Board shall not be
considered compensation under this paragraph.
(11) Federal advisory committee act inapplicable.--The
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply
to the Board.
(b) Development of Plan by Board.--
(1) In general.--Not later than 1 year after the date on
which the Board is established under subsection (a)(1), the
Board shall submit to the Commission a detailed proposal for a
National Public Safety Communications Plan to govern the use of
the spectrum licensed to the Administrator in order to meet
long-term public safety communications needs.
(2) Limitation on recommendations.--The Board may not make
any recommendations for requirements generally applicable to
providers of commercial mobile service or private mobile
service (as defined in section 332 of the Communications Act of
1934 (47 U.S.C. 332)).
(c) Consideration of Plan by Commission.--
(1) In general.--Not later than 90 days after the date of
the submission of the proposal by the Board under subsection
(b)(1), the Commission shall complete a single proceeding to--
(A) adopt such proposal, without modification, as
the National Public Safety Communications Plan; or
(B) reject such proposal.
(2) Procedures if plan rejected.--If the Commission rejects
such proposal under paragraph (1)(B), the Board shall, not
later than 90 days thereafter, submit to the Commission a
revised proposal. Such revised proposal shall be treated as a
proposal submitted by the Board under subsection (b)(1).
(3) Revisions to plan.--
(A) Submission.--The Board shall periodically
submit to the Commission proposals for revisions to the
Plan.
(B) Consideration by commission.--Not later than 90
days after the submission of such a proposal, the
Commission shall complete a single proceeding to--
(i) revise the Plan in accordance with such
proposal, without modification of the proposal;
or
(ii) reject such proposal.
(d) Requirements for Plan.--The Plan shall include the following
requirements:
(1) Deployment standards.--The Plan shall--
(A) require each State public safety broadband
communications network to be interconnected and
interoperable with all other such networks;
(B) require each State public safety broadband
communications network to be based on a network
architecture that evolves with technological
advancements;
(C) require all State public safety broadband
communications networks to be based on the same
commercial standards;
(D) require each State public safety broadband
communications network to be deployed as networks are
typically deployed by providers of commercial mobile
data service;
(E) promote competition in the public safety
equipment market by requiring equipment for use on the
State public safety broadband communications networks
to be--
(i) built to open, nonproprietary,
commercial standards;
(ii) capable of being used by any provider
of public safety services and accessed by
devices manufactured by multiple vendors; and
(iii) backward-compatible with prior
generations of commercial mobile service and
commercial mobile data service networks to the
extent typically deployed by providers of
commercial mobile service and commercial mobile
data service; and
(F) require each State public safety broadband
communications network to be integrated with public
safety answering points, or the equivalent of public
safety answering points, and with networks for the
provision of Next Generation 9-1-1 services.
(2) State-specific requirements.--The Plan shall require
each State Public Safety Broadband Office to include in
requests for proposals for the construction, management,
maintenance, and operation of the State public safety broadband
communications network of such State--
(A) specifications for the construction and
deployment of such network, including--
(i) build timetables, which shall take into
consideration the time needed to build out to
rural areas;
(ii) required coverage areas, including
rural and nonurban areas;
(iii) minimum service levels; and
(iv) specific performance criteria;
(B) the technical and operational requirements for
such network;
(C) the practices, procedures, and standards for
the management and operation of such network;
(D) the terms of service for the use of such
network; and
(E) specifications for ongoing compliance review
and monitoring of--
(i) the construction, management,
maintenance, and operation of such network;
(ii) the practices and procedures of the
entities operating on such network; and
(iii) the necessary training needs of
network users.
(e) Development of Baseline Request for Proposals.--
(1) Development by board.--Not later than 1 year after the
date on which the Board is established under subsection (a)(1),
the Board shall submit to the Commission a draft baseline
request for proposals for each State to use in developing its
request for proposals for the construction, management,
maintenance, and operation of a State public safety broadband
communications network.
(2) Consideration by commission.--
(A) In general.--Not later than 90 days after the
date of the submission of the draft baseline request
for proposals by the Board under paragraph (1), the
Commission shall complete a single proceeding to--
(i) adopt such draft, without modification;
or
(ii) reject such draft.
(B) Procedures if draft rejected.--If the
Commission rejects such draft under subparagraph
(A)(ii), the Board shall, not later than 60 days
thereafter, submit to the Commission a revised draft
baseline request for proposals. Such revised draft
shall be treated as a draft submitted by the Board
under paragraph (1).
(3) Revisions.--
(A) Submission.--The Board shall periodically
submit to the Commission draft revisions to the
baseline request for proposals adopted under paragraph
(2)(A)(i).
(B) Consideration by commission.--Not later than 90
days after the submission of such a draft revision, the
Commission shall complete a single proceeding to--
(i) revise the baseline request for
proposals in accordance with such draft
revision, without modification of such draft
revision; or
(ii) reject such draft revision.
SEC. 4203. PLAN ADMINISTRATION.
(a) Selection of Administrator.--
(1) In general.--The Assistant Secretary shall, through an
open, transparent request-for-proposals process, select an
entity to serve as the Administrator of the Plan. The Assistant
Secretary shall commence such process not later than 120 days
after the date of the adoption of the Plan by the Commission
under section 4202(c)(1)(A).
(2) Replacement.--If an entity ceases to serve as
Administrator under a contract awarded under paragraph (1) or
this paragraph, the Assistant Secretary shall, through an open,
transparent request-for-proposals process, select another
entity to serve as Administrator.
(b) Powers and Duties of Administrator.--The Administrator shall--
(1) review and coordinate the implementation of the Plan
and the construction, management, maintenance, and operation of
the State public safety broadband communications networks, in
accordance with the Plan, under contracts entered into by the
State Public Safety Broadband Offices;
(2) transmit to each State Public Safety Broadband Office
the baseline request for proposals adopted by the Commission
under section 4202(e)(2)(A)(i) and any revisions to such
baseline request for proposals adopted by the Commission under
section 4202(e)(3)(B)(i);
(3) review and approve or disapprove, in accordance with
section 4221(c), each contract proposed by a State Public
Safety Broadband Office for the construction, management,
maintenance, and operation of a State public safety broadband
communications network;
(4) give public notice of each decision to approve or
disapprove such a contract and of any other decision of the
Administrator with respect to such a contract, a State Public
Safety Broadband Office, or a State public safety broadband
communications network;
(5) in consultation with State Public Safety Broadband
Offices, conduct assessments for inclusion in the annual report
required by subsection (f)(1) of--
(A) progress on construction and adoption of the
State public safety broadband communications networks;
and
(B) the management, maintenance, and operation of
such networks; and
(6) conduct such audits as are necessary to ensure--
(A) with respect to contracts described in
paragraph (3), the integrity of the contracting process
and the adequate performance of such contracts; and
(B) that the State public safety broadband
communications networks are constructed, managed,
maintained, and operated in accordance with the Plan.
(c) Limitation on Powers of Administrator.--The Administrator may
not--
(1) take any action unless this title expressly confers on
the Administrator the power to take such action or such action
is necessary to carry out a power that this title expressly
confers on the Administrator; or
(2) prohibit or refuse to approve any action of a State
Public Safety Broadband Office or with respect to a State
public safety broadband communications network unless such
action would violate the Plan or the license terms of the
spectrum licensed to the Administrator.
(d) Review of Decisions of Administrator.--
(1) In general.--The United States District Court for the
District of Columbia shall have exclusive jurisdiction to
review decisions of the Administrator.
(2) Filing of petition.--Any party aggrieved by a decision
of the Administrator may seek review of such decision by filing
a petition for review with the court not later than 30 days
after the date on which public notice is given of such
decision.
(3) Contents of petition.--The petition shall contain a
concise statement of the following:
(A) The nature of the proceedings as to which
review is sought.
(B) The grounds on which relief is sought.
(C) The relief prayed.
(4) Attachment to petition.--The petitioner shall attach to
the petition, as an exhibit, a copy of the decision of the
Administrator on which review is sought.
(5) Service.--The clerk shall serve a true copy of the
petition on the Administrator, the Assistant Secretary, and the
Commission by registered mail, with request for a return
receipt.
(6) Standard of review.--The court may affirm or vacate a
decision of the Administrator on review. The court may vacate a
decision of the Administrator only--
(A) where the decision was procured by corruption,
fraud, or undue means;
(B) where there was actual partiality or corruption
in the Administrator;
(C) where the Administrator was guilty of
misconduct in refusing to hear evidence pertinent and
material to the decision or of any other misbehavior by
which the rights of any party have been prejudiced; or
(D) where the Administrator exceeded the powers
conferred on it by this title or otherwise did not
arguably construe or apply the Plan in making its
decision.
(7) Review by ntia prohibited.--The Assistant Secretary
shall take such action as is necessary to ensure that the
Administrator complies with the requirements of this title, the
Plan, and the terms of the contract entered into under
subsection (a), but the Assistant Secretary may not vacate or
otherwise modify a decision by the Administrator with respect
to a third party.
(e) Audits of Use of Federal Funds by Administrator.--Not later
than 1 year after entering into a contract to serve as Administrator,
and annually thereafter, the Administrator shall provide to the
Assistant Secretary a statement, audited by an independent auditor,
that details the use during the preceding fiscal year of any Federal
funds received by the Administrator in connection with its service as
Administrator.
(f) Annual Report by Administrator.--
(1) In general.--Not later than 1 year after entering into
a contract to serve as Administrator, and annually thereafter,
the Administrator shall submit a report covering the preceding
fiscal year to--
(A) the Committee on Energy and Commerce of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate;
(B) the Assistant Secretary;
(C) the Commission; and
(D) the Board.
(2) Required content.--The report required by paragraph (1)
shall include--
(A) a comprehensive and detailed description of--
(i) the results of assessments conducted
under subsection (b)(5) and audits conducted
under subsection (b)(6);
(ii) the activities of the Administrator in
its capacity as Administrator; and
(iii) the financial condition of the
Administrator; and
(B) such recommendations or proposals for
legislative or administrative action as the
Administrator considers appropriate.
SEC. 4204. INITIAL FUNDING FOR ADMINISTRATOR.
(a) Borrowing Authority.--Prior to the end of fiscal year 2021, the
Assistant Secretary may borrow from the general fund of the Treasury of
the United States not more than $40,000,000 to enter into a contract
with an entity to serve as Administrator under section 4203(a).
(b) Reimbursement.--The Assistant Secretary shall reimburse the
general fund of the Treasury, without interest, for any amounts
borrowed under subsection (a) from funds made available from the Public
Safety Trust Fund established by section 4241(a)(1), as such funds
become available.
SEC. 4205. STUDY ON EMERGENCY COMMUNICATIONS BY AMATEUR RADIO AND
IMPEDIMENTS TO AMATEUR RADIO COMMUNICATIONS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Commission, in consultation with the Office
of Emergency Communications in the Department of Homeland Security,
shall--
(1) complete a study on the uses and capabilities of
amateur radio service communications in emergencies and
disaster relief; and
(2) submit to the Committee on Energy and Commerce of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report on the
findings of such study.
(b) Contents.--The study required by subsection (a) shall include--
(1)(A) a review of the importance of emergency amateur
radio service communications relating to disasters, severe
weather, and other threats to lives and property in the United
States; and
(B) recommendations for--
(i) enhancements in the voluntary deployment of
amateur radio operators in disaster and emergency
communications and disaster relief efforts; and
(ii) improved integration of amateur radio
operators in the planning and furtherance of
initiatives of the Federal Government; and
(2)(A) an identification of impediments to enhanced amateur
radio service communications, such as the effects of
unreasonable or unnecessary private land use restrictions on
residential antenna installations; and
(B) recommendations regarding the removal of such
impediments.
(c) Expertise.--In conducting the study required by subsection (a),
the Commission shall use the expertise of stakeholder entities and
organizations, including the amateur radio, emergency response, and
disaster communications communities.
PART 2--STATE IMPLEMENTATION
SEC. 4221. NEGOTIATION AND APPROVAL OF CONTRACTS.
(a) State Public Safety Broadband Offices.--Each State desiring to
establish a State public safety broadband communications network shall
establish or designate a State Public Safety Broadband Office.
(b) Negotiation by States.--
(1) In general.--Each State Public Safety Broadband Office
shall--
(A) use the baseline request for proposals
transmitted under section 4203(b)(2) to develop a
request for proposals for the construction, management,
maintenance, and operation of a State public safety
broadband communications network;
(B) negotiate a contract with a private-sector
entity for such construction, management, maintenance,
and operation;
(C) transmit such contract to the Administrator for
approval; and
(D) if the Administrator approves such contract,
enter into such contract with such entity.
(2) Factors for consideration.--In developing a request for
proposals under paragraph (1)(A) and negotiating a proposed
contract under paragraph (1)(B), the State Public Safety
Broadband Office shall take into consideration the following:
(A) The most efficient and effective use and
integration by State, local, and tribal providers of
public safety services within such State of the
spectrum licensed to the Administrator and the
infrastructure, equipment, and other architecture
associated with the State public safety broadband
communications network to satisfy the wireless
communications and data services needs of such
providers.
(B) The particular assets and specialized needs of
such providers. Such assets may include available
towers and infrastructure. Such needs may include the
projected number of users, preferred buildout
timeframes, special coverage needs, special hardening,
reliability, security, and resiliency needs, local user
priority assignments, and integration needs of public
safety answering points and emergency operations
centers.
(C) Whether any entities that are not providers of
public safety services should have emergency access to
the State public safety broadband communications
network, as described in subsection (e).
(D) Whether the State public safety broadband
communications network provides for the selection on a
localized basis of network options that remain
consistent with the Plan.
(E) How to ensure the reliability, security, and
resiliency of the State public safety broadband
communications network, including through measures
for--
(i) protecting and monitoring the
cybersecurity of the network; and
(ii) managing supply chain risks to the
network.
(3) Partnerships.--
(A) In general.--In choosing from among the
entities that respond to the request for proposals
developed under paragraph (1)(A), the State Public
Safety Broadband Office shall--
(i) select a provider of commercial mobile
service or commercial mobile data service; and
(ii) give additional consideration to
providers of commercial mobile service or
commercial mobile data service whose proposals
include a partnership with a utility provider.
(B) Joint ventures.--For purposes of subparagraph
(A), a joint venture that includes a provider of
commercial mobile service or commercial mobile data
service shall be considered to be such a provider.
(c) Review by Administrator.--
(1) In general.--Upon receiving from a State Public Safety
Broadband Office a contract negotiated under subsection (b),
the Administrator shall either approve or disapprove such
contract but may not make any changes to its terms.
(2) Disapproval.--In the case of disapproval under
paragraph (1), the State Public Safety Broadband Office may
renegotiate the contract, negotiate a contract with another
entity that responded to the Office's request for proposals, or
issue a new request for proposals.
(d) Public-Private Partnerships.--Notwithstanding any limitation in
section 337 of the Communications Act of 1934 (47 U.S.C. 337), a
contract entered into between a State Public Safety Broadband Office
and a private entity under subsection (b)(1)(D) may permit--
(1) such entity to obtain access to the spectrum licensed
to the Administrator in such State for services that are not
public safety services; or
(2) the State Public Safety Broadband Office to share with
such entity equipment or infrastructure of the State public
safety broadband communications network, including antennas and
towers.
(e) Emergency Access by Non-Public Safety Entities.--
(1) In general.--Notwithstanding any limitation in section
337 of the Communications Act of 1934 (47 U.S.C. 337), as
expressly permitted by the terms of a contract entered into
under subsection (b)(1)(D) for the construction, management,
maintenance, and operation of a State public safety broadband
communications network, the Administrator may enter into
agreements with entities in such State that are not providers
of public safety services to permit such entities to obtain
access on a secondary, preemptible basis to the State public
safety broadband communications network of such State in order
to facilitate interoperability between such entities and
providers of public safety services in protecting the safety of
life, health, and property during emergencies and during
preparation for and recovery from emergencies, including during
emergency drills, exercises, and tests.
(2) Preemption.--The Administrator shall ensure that, under
any agreement entered into under paragraph (1), providers of
public safety services may preempt use of the State public
safety broadband communications network by an entity with which
the Administrator has entered into such agreement.
(f) Multi-State Negotiation.--The State Public Safety Broadband
Offices of more than one State may form a consortium for purposes of
developing a request for proposals and negotiating and entering into a
contract for the construction, management, maintenance, and operation
of a State public safety broadband communications network for such
States. While such Offices remain in the consortium, such States shall
be treated as a single State, such Offices shall be treated as a single
Office of a single State, and such network shall be treated as the
State public safety broadband communications network of a single State.
SEC. 4222. STATE IMPLEMENTATION GRANT PROGRAM.
(a) In General.--From amounts made available under section 4223(b),
the Assistant Secretary shall, in consultation with the Administrator,
make grants to State Public Safety Broadband Offices to assist such
Offices in carrying out the duties of such Offices under this part,
except for making payments under contracts entered into under section
4221(b)(1)(D).
(b) Application.--The Assistant Secretary may only make a grant
under this section to a State Public Safety Broadband Office that
submits an application at such time, in such form, and containing such
information and assurances as the Assistant Secretary may require.
(c) Matching Requirements; Federal Share.--
(1) In general.--The Federal share of the cost of any
activity carried out using a grant under this section may not
exceed 80 percent of the eligible costs of carrying out that
activity, as determined by the Assistant Secretary.
(2) Waiver.--The Assistant Secretary may waive, in whole or
in part, the requirements of paragraph (1) if the State Public
Safety Broadband Office has demonstrated financial hardship.
(d) Programmatic Requirements.--Not later than 1 year after the
date of the adoption of the Plan by the Commission under section
4202(c)(1)(A), the Assistant Secretary, in consultation with the Board,
shall establish requirements relating to the grant program to be
carried out under this section, including the following:
(1) Defining eligible costs for purposes of subsection
(c)(1).
(2) Determining the scope of eligible activities for grant
funding under this section.
(3) Prioritizing grants for activities that ensure coverage
in rural as well as urban areas.
SEC. 4223. STATE IMPLEMENTATION FUND.
(a) Establishment.--There is established in the Treasury of the
United States a fund to be known as the State Implementation Fund.
(b) Amounts Available for State Implementation Grant Program.--Any
amounts borrowed under subsection (c)(1) and any amounts in the State
Implementation Fund that are not necessary to reimburse the general
fund of the Treasury for such borrowed amounts shall be available to
the Assistant Secretary to implement section 4222.
(c) Borrowing Authority.--
(1) In general.--Prior to the end of fiscal year 2021, the
Assistant Secretary may borrow from the general fund of the
Treasury such sums as may be necessary, but not to exceed
$100,000,000, to implement section 4222.
(2) Reimbursement.--The Assistant Secretary shall reimburse
the general fund of the Treasury, without interest, for any
amounts borrowed under paragraph (1) as funds are deposited
into the State Implementation Fund.
(d) Transfer of Unused Funds.--If there is a balance remaining in
the State Implementation Fund on September 30, 2021, the Secretary of
the Treasury shall transfer such balance to the general fund of the
Treasury, where such balance shall be dedicated for the sole purpose of
deficit reduction.
SEC. 4224. GRANTS TO STATES FOR NETWORK BUILDOUT.
(a) Establishment.--From amounts made available from the Public
Safety Trust Fund established by section 4241(a)(1), the Assistant
Secretary shall make grants to State Public Safety Broadband Offices
for payments under contracts entered into under section 4221(b)(1)(D).
(b) Application.--The Assistant Secretary may only make a grant
under this section to a State Public Safety Broadband Office that
submits an application at such time, in such form, and containing such
information and assurances as the Assistant Secretary may require.
(c) Quarterly Reports.--
(1) From grantees to ntia.--Not later than 3 months after
receiving a grant under this section and not less frequently
than quarterly thereafter until the date that is 1 year after
all such funds have been expended, a State Public Safety
Broadband Office shall submit to the Assistant Secretary a
report on--
(A) the use of grant funds by such Office; and
(B) the construction, management, maintenance, and
operation of the State public safety broadband
communications network of such State.
(2) From ntia to congress.--Not later than 6 months after
making the first grant under this section and not less
frequently than quarterly thereafter until the date that is 18
months after all such funds have been expended by the grantees,
the Assistant Secretary shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Energy and Commerce of the House of
Representatives a report that--
(A) summarizes the reports submitted by grantees
under paragraph (1); and
(B) describes and evaluates--
(i) the use of grant funds disbursed under
this section; and
(ii) the construction, management,
maintenance, and operation of the State public
safety broadband communications networks under
the contracts under which grantees make
payments using grant funds.
SEC. 4225. WIRELESS FACILITIES DEPLOYMENT.
(a) Facility Modifications.--
(1) In general.--Notwithstanding section 704 of the
Telecommunications Act of 1996 (Public Law 104-104) or any
other provision of law, a State or local government may not
deny, and shall approve, any eligible facilities request for a
modification of an existing wireless tower or base station that
does not substantially change the physical dimensions of such
tower or base station.
(2) Eligible facilities request.--For purposes of this
subsection, the term ``eligible facilities request'' means any
request for modification of an existing wireless tower or base
station that involves--
(A) collocation of new transmission equipment;
(B) removal of transmission equipment; or
(C) replacement of transmission equipment.
(b) Federal Easements and Rights-of-Way.--
(1) Grant.--If an executive agency, a State, a political
subdivision or agency of a State, or a person, firm, or
organization applies for the grant of an easement or right-of-
way to, in, over, or on a building or other property owned by
the Federal Government for the right to install, construct, and
maintain wireless service antenna structures and equipment and
backhaul transmission equipment, the executive agency having
control of the building or other property may grant to the
applicant, on behalf of the Federal Government, an easement or
right-of-way to perform such installation, construction, and
maintenance.
(2) Application.--The Administrator of General Services
shall develop a common form for applications for easements and
rights-of-way under paragraph (1) for all executive agencies
that shall be used by applicants with respect to the buildings
or other property of each such agency.
(3) Fee.--
(A) In general.--Notwithstanding any other
provision of law, the Administrator of General Services
shall establish a fee for the grant of an easement or
right-of-way pursuant to paragraph (1) that is based on
direct cost recovery.
(B) Exceptions.--The Administrator of General
Services may establish exceptions to the fee amount
required under subparagraph (A)--
(i) in consideration of the public benefit
provided by a grant of an easement or right-of-
way; and
(ii) in the interest of expanding wireless
and broadband coverage.
(4) Use of fees collected.--Any fee amounts collected by an
executive agency pursuant to paragraph (3) may be made
available, as provided in appropriations Acts, to such agency
to cover the costs of granting the easement or right-of-way.
(c) Master Contracts for Wireless Facility Sitings.--
(1) In general.--Notwithstanding section 704 of the
Telecommunications Act of 1996 or any other provision of law,
and not later than 60 days after the date of the enactment of
this Act, the Administrator of General Services shall--
(A) develop 1 or more master contracts that shall
govern the placement of wireless service antenna
structures on buildings and other property owned by the
Federal Government; and
(B) in developing the master contract or contracts,
standardize the treatment of the placement of wireless
service antenna structures on building rooftops or
facades, the placement of wireless service antenna
equipment on rooftops or inside buildings, the
technology used in connection with wireless service
antenna structures or equipment placed on Federal
buildings and other property, and any other key issues
the Administrator of General Services considers
appropriate.
(2) Applicability.--The master contract or contracts
developed by the Administrator of General Services under
paragraph (1) shall apply to all publicly accessible buildings
and other property owned by the Federal Government, unless the
Administrator of General Services decides that issues with
respect to the siting of a wireless service antenna structure
on a specific building or other property warrant nonstandard
treatment of such building or other property.
(3) Application.--The Administrator of General Services
shall develop a common form or set of forms for wireless
service antenna structure siting applications under this
subsection for all executive agencies that shall be used by
applicants with respect to the buildings and other property of
each such agency.
(d) Executive Agency Defined.--In this section, the term
``executive agency'' has the meaning given such term in section 102 of
title 40, United States Code.
PART 3--PUBLIC SAFETY TRUST FUND
SEC. 4241. PUBLIC SAFETY TRUST FUND.
(a) Establishment of Public Safety Trust Fund.--
(1) In general.--There is established in the Treasury of
the United States a trust fund to be known as the Public Safety
Trust Fund.
(2) Availability.--Amounts deposited in the Public Safety
Trust Fund shall remain available through fiscal year 2021. Any
amounts remaining in the Fund after the end of such fiscal year
shall be deposited in the general fund of the Treasury, where
such amounts shall be dedicated for the sole purpose of deficit
reduction.
(b) Use of Fund.--As amounts are deposited in the Public Safety
Trust Fund, such amounts shall be used to make the following deposits
or payments in the following order of priority:
(1) Repayment of amount borrowed for administration of
national public safety communications plan.--An amount not to
exceed $40,000,000 shall be available to the Assistant
Secretary to reimburse the general fund of the Treasury for any
amounts borrowed under section 4204(a).
(2) State implementation fund.--$100,000,000 shall be
deposited in the State Implementation Fund established by
section 4223(a).
(3) Buildout of state public safety broadband
communications networks.--$4,960,000,000 shall be available to
the Assistant Secretary to carry out section 4224.
(4) Deficit reduction.--$20,400,000,000 shall be deposited
in the general fund of the Treasury, where such amount shall be
dedicated for the sole purpose of deficit reduction.
(5) 9-1-1, e9-1-1, and next generation 9-1-1 implementation
grants.--$250,000,000 shall be available to the Assistant
Secretary and the Administrator of the National Highway Traffic
Safety Administration to carry out the grant program under
section 158 of the National Telecommunications and Information
Administration Organization Act, as amended by section 4265 of
this title.
(6) Buildout of state public safety broadband
communications networks and deficit reduction.--Of the
remaining amounts deposited in the Fund--
(A) 10 percent of any such amounts, not to exceed
$1,500,000,000, shall be available to the Assistant
Secretary to carry out section 4224; and
(B) 90 percent of any such amounts (or 100 percent
of any such amounts after amounts made available under
subparagraph (A) exceed $1,500,000,000) shall be
deposited in the general fund of the Treasury, where
such amounts shall be dedicated for the sole purpose of
deficit reduction.
(c) Investment.--Amounts in the Public Safety Trust Fund shall be
invested in accordance with section 9702 of title 31, United States
Code, and any interest on, and proceeds from, any such investment shall
be credited to, and become a part of, the Fund.
PART 4--NEXT GENERATION 9-1-1 ADVANCEMENT ACT OF 2011
SEC. 4261. SHORT TITLE.
This part may be cited as the ``Next Generation 9-1-1 Advancement
Act of 2011''.
SEC. 4262. FINDINGS.
Congress finds that--
(1) for the sake of the public safety of our Nation, a
universal emergency service number (9-1-1) that is enhanced
with the most modern and state-of-the-art telecommunications
capabilities possible, including voice, data, and video
communications, should be available to all citizens wherever
they live, work, and travel;
(2) a successful migration to Next Generation 9-1-1 service
communications systems will require greater Federal, State, and
local government resources and coordination;
(3) any funds that are collected from fees imposed on
consumer bills for the purposes of funding 9-1-1 services,
enhanced 9-1-1 services, or Next Generation 9-1-1 services
should only be used for the purposes for which the funds are
collected;
(4) it is a national priority to foster the migration from
analog, voice-centric 9-1-1 and current generation emergency
communications systems to a 21st century, Next Generation, IP-
based emergency services model that embraces a wide range of
voice, video, and data applications;
(5) ensuring 9-1-1 access for all citizens includes
improving access to 9-1-1 systems for the deaf, hard of
hearing, deaf-blind, and individuals with speech disabilities,
who increasingly communicate with non-traditional text, video,
and instant-messaging communications services, and who expect
those services to be able to connect directly to 9-1-1 systems;
(6) a coordinated public educational effort on current and
emerging 9-1-1 system capabilities and proper use of the 9-1-1
system is essential to the operation of effective 9-1-1
systems;
(7) Federal policies and funding should enable the
transition to Internet Protocol-based (IP-based) Next
Generation 9-1-1 systems, and Federal 9-1-1 and emergency
communications laws and regulations must keep pace with rapidly
changing technology to ensure an open and competitive 9-1-1
environment based on the most advanced technology available;
and
(8) Federal policies and grant programs should reflect the
growing convergence and integration of emergency communications
technology, such that State interoperability plans and Federal
funding in support of such plans are made available for all
aspects of Next Generation 9-1-1 service and emergency
communications systems.
SEC. 4263. PURPOSES.
The purposes of this part are--
(1) to focus Federal policies and funding programs to
ensure a successful migration from voice-centric 9-1-1 systems
to IP-enabled, Next Generation 9-1-1 emergency response systems
that use voice, data, and video services to greatly enhance the
capability of 9-1-1 and emergency response services;
(2) to ensure that technologically advanced 9-1-1 and
emergency communications systems are universally available and
adequately funded to serve all Americans; and
(3) to ensure that all 9-1-1 and emergency response
organizations have access to--
(A) high-speed broadband networks;
(B) interconnected IP backbones; and
(C) innovative services and applications.
SEC. 4264. DEFINITIONS.
In this part, the following definitions shall apply:
(1) 9-1-1 services and e9-1-1 services.--The terms ``9-1-1
services'' and ``E9-1-1 services'' shall have the meaning given
those terms in section 158 of the National Telecommunications
and Information Administration Organization Act (47 U.S.C.
942), as amended by this part.
(2) Multi-line telephone system.--The term ``multi-line
telephone system'' or ``MLTS'' means a system comprised of
common control units, telephone sets, control hardware and
software and adjunct systems, including network and premises
based systems, such as Centrex and VoIP, as well as PBX,
Hybrid, and Key Telephone Systems (as classified by the
Commission under part 68 of title 47, Code of Federal
Regulations), and includes systems owned or leased by
governmental agencies and non-profit entities, as well as for
profit businesses.
(3) Office.--The term ``Office'' means the 9-1-1
Implementation Coordination Office established under section
158 of the National Telecommunications and Information
Administration Organization Act (47 U.S.C. 942), as amended by
this part.
SEC. 4265. COORDINATION OF 9-1-1 IMPLEMENTATION.
Section 158 of the National Telecommunications and Information
Administration Organization Act (47 U.S.C. 942) is amended to read as
follows:
``SEC. 158. COORDINATION OF 9-1-1, E9-1-1, AND NEXT GENERATION 9-1-1
IMPLEMENTATION.
``(a) 9-1-1 Implementation Coordination Office.--
``(1) Establishment and continuation.--The Assistant
Secretary and the Administrator of the National Highway Traffic
Safety Administration shall--
``(A) establish and further a program to facilitate
coordination and communication between Federal, State,
and local emergency communications systems, emergency
personnel, public safety organizations,
telecommunications carriers, and telecommunications
equipment manufacturers and vendors involved in the
implementation of 9-1-1 services; and
``(B) establish a 9-1-1 Implementation Coordination
Office to implement the provisions of this section.
``(2) Management plan.--
``(A) Development.--The Assistant Secretary and the
Administrator shall develop a management plan for the
grant program established under this section, including
by developing--
``(i) plans related to the organizational
structure of such program; and
``(ii) funding profiles for each fiscal
year of the duration of such program.
``(B) Submission to congress.--Not later than 90
days after the date of enactment of the Next Generation
9-1-1 Advancement Act of 2011, the Assistant Secretary
and the Administrator shall submit the management plan
developed under subparagraph (A) to--
``(i) the Committees on Commerce, Science,
and Transportation and Appropriations of the
Senate; and
``(ii) the Committees on Energy and
Commerce and Appropriations of the House of
Representatives.
``(3) Purpose of office.--The Office shall--
``(A) take actions, in concert with coordinators
designated in accordance with subsection (b)(3)(A)(ii),
to improve coordination and communication with respect
to the implementation of 9-1-1 services, E9-1-1
services, and Next Generation 9-1-1 services;
``(B) develop, collect, and disseminate information
concerning practices, procedures, and technology used
in the implementation of 9-1-1 services, E9-1-1
services, and Next Generation 9-1-1 services;
``(C) advise and assist eligible entities in the
preparation of implementation plans required under
subsection (b)(3)(A)(iii);
``(D) receive, review, and recommend the approval
or disapproval of applications for grants under
subsection (b); and
``(E) oversee the use of funds provided by such
grants in fulfilling such implementation plans.
``(4) Reports.--The Assistant Secretary and the
Administrator shall provide an annual report to Congress by the
first day of October of each year on the activities of the
Office to improve coordination and communication with respect
to the implementation of 9-1-1 services, E9-1-1 services, and
Next Generation 9-1-1 services.
``(b) 9-1-1, E9-1-1, and Next Generation 9-1-1 Implementation
Grants.--
``(1) Matching grants.--The Assistant Secretary and the
Administrator, acting through the Office, shall provide grants
to eligible entities for--
``(A) the implementation and operation of 9-1-1
services, E9-1-1 services, migration to an IP-enabled
emergency network, and adoption and operation of Next
Generation 9-1-1 services and applications;
``(B) the implementation of IP-enabled emergency
services and applications enabled by Next Generation 9-
1-1 services, including the establishment of IP
backbone networks and the application layer software
infrastructure needed to interconnect the multitude of
emergency response organizations; and
``(C) training public safety personnel, including
call-takers, first responders, and other individuals
and organizations who are part of the emergency
response chain in 9-1-1 services.
``(2) Matching requirement.--The Federal share of the cost
of a project eligible for a grant under this section shall not
exceed 80 percent. The non-Federal share of the cost shall be
provided from non-Federal sources unless waived by the
Assistant Secretary and the Administrator.
``(3) Coordination required.--In providing grants under
paragraph (1), the Assistant Secretary and the Administrator
shall require an eligible entity to certify in its application
that--
``(A) in the case of an eligible entity that is a
State government, the entity--
``(i) has coordinated its application with
the public safety answering points located
within the jurisdiction of such entity;
``(ii) has designated a single officer or
governmental body of the entity to serve as the
coordinator of implementation of 9-1-1
services, except that such designation need not
vest such coordinator with direct legal
authority to implement 9-1-1 services, E9-1-1
services, or Next Generation 9-1-1 services or
to manage emergency communications operations;
``(iii) has established a plan for the
coordination and implementation of 9-1-1
services, E9-1-1 services, and Next Generation
9-1-1 services; and
``(iv) has integrated telecommunications
services involved in the implementation and
delivery of 9-1-1 services, E9-1-1 services,
and Next Generation 9-1-1 services; or
``(B) in the case of an eligible entity that is not
a State, the entity has complied with clauses (i),
(iii), and (iv) of subparagraph (A), and the State in
which it is located has complied with clause (ii) of
such subparagraph.
``(4) Criteria.--Not later than 120 days after the date of
enactment of the Next Generation 9-1-1 Advancement Act of 2011,
the Assistant Secretary and the Administrator shall issue
regulations, after providing the public with notice and an
opportunity to comment, prescribing the criteria for selection
for grants under this section. The criteria shall include
performance requirements and a timeline for completion of any
project to be financed by a grant under this section. The
Assistant Secretary and the Administrator shall update such
regulations as necessary.
``(c) Diversion of 9-1-1 Charges.--
``(1) Designated 9-1-1 charges.--For the purposes of this
subsection, the term `designated 9-1-1 charges' means any
taxes, fees, or other charges imposed by a State or other
taxing jurisdiction that are designated or presented as
dedicated to deliver or improve 9-1-1 services, E9-1-1
services, or Next Generation 9-1-1 services.
``(2) Certification.--Each applicant for a matching grant
under this section shall certify to the Assistant Secretary and
the Administrator at the time of application, and each
applicant that receives such a grant shall certify to the
Assistant Secretary and the Administrator annually thereafter
during any period of time during which the funds from the grant
are available to the applicant, that no portion of any
designated 9-1-1 charges imposed by a State or other taxing
jurisdiction within which the applicant is located are being
obligated or expended for any purpose other than the purposes
for which such charges are designated or presented during the
period beginning 180 days immediately preceding the date of the
application and continuing through the period of time during
which the funds from the grant are available to the applicant.
``(3) Condition of grant.--Each applicant for a grant under
this section shall agree, as a condition of receipt of the
grant, that if the State or other taxing jurisdiction within
which the applicant is located, during any period of time
during which the funds from the grant are available to the
applicant, obligates or expends designated 9-1-1 charges for
any purpose other than the purposes for which such charges are
designated or presented, eliminates such charges, or
redesignates such charges for purposes other than the
implementation or operation of 9-1-1 services, E9-1-1 services,
or Next Generation 9-1-1 services, all of the funds from such
grant shall be returned to the Office.
``(4) Penalty for providing false information.--Any
applicant that provides a certification under paragraph (2)
knowing that the information provided in the certification was
false shall--
``(A) not be eligible to receive the grant under
subsection (b);
``(B) return any grant awarded under subsection (b)
during the time that the certification was not valid;
and
``(C) not be eligible to receive any subsequent
grants under subsection (b).
``(d) Funding and Termination.--
``(1) In general.--From the amounts made available to the
Assistant Secretary and the Administrator under section
4241(b)(5) of the Jumpstarting Opportunity with Broadband
Spectrum Act of 2011, the Assistant Secretary and the
Administrator are authorized to provide grants under this
section through the end of fiscal year 2021. Not more than 5
percent of such amounts may be obligated or expended to cover
the administrative costs of carrying out this section.
``(2) Termination.--Effective on October 1, 2021, the
authority provided by this section terminates and this section
shall have no effect.
``(e) Definitions.--In this section, the following definitions
shall apply:
``(1) 9-1-1 services.--The term `9-1-1 services' includes
both E9-1-1 services and Next Generation 9-1-1 services.
``(2) E9-1-1 services.--The term `E9-1-1 services' means
both phase I and phase II enhanced 9-1-1 services, as described
in section 20.18 of the Commission's regulations (47 C.F.R.
20.18), as in effect on the date of enactment of the Next
Generation 9-1-1 Advancement Act of 2011, or as subsequently
revised by the Commission.
``(3) Eligible entity.--
``(A) In general.--The term `eligible entity' means
a State or local government or a tribal organization
(as defined in section 4(l) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
450b(l))).
``(B) Instrumentalities.--The term `eligible
entity' includes public authorities, boards,
commissions, and similar bodies created by 1 or more
eligible entities described in subparagraph (A) to
provide 9-1-1 services, E9-1-1 services, or Next
Generation 9-1-1 services.
``(C) Exception.--The term `eligible entity' does
not include any entity that has failed to submit the
most recently required certification under subsection
(c) within 30 days after the date on which such
certification is due.
``(4) Emergency call.--The term `emergency call' refers to
any real-time communication with a public safety answering
point or other emergency management or response agency,
including--
``(A) through voice, text, or video and related
data; and
``(B) nonhuman-initiated automatic event alerts,
such as alarms, telematics, or sensor data, which may
also include real-time voice, text, or video
communications.
``(5) Next generation 9-1-1 services.--The term `Next
Generation 9-1-1 services' means an IP-based system comprised
of hardware, software, data, and operational policies and
procedures that--
``(A) provides standardized interfaces from
emergency call and message services to support
emergency communications;
``(B) processes all types of emergency calls,
including voice, data, and multimedia information;
``(C) acquires and integrates additional emergency
call data useful to call routing and handling;
``(D) delivers the emergency calls, messages, and
data to the appropriate public safety answering point
and other appropriate emergency entities;
``(E) supports data or video communications needs
for coordinated incident response and management; and
``(F) provides broadband service to public safety
answering points or other first responder entities.
``(6) Office.--The term `Office' means the 9-1-1
Implementation Coordination Office.
``(7) Public safety answering point.--The term `public
safety answering point' has the meaning given the term in
section 222 of the Communications Act of 1934 (47 U.S.C. 222).
``(8) State.--The term `State' means any State of the
United States, the District of Columbia, Puerto Rico, American
Samoa, Guam, the United States Virgin Islands, the Northern
Mariana Islands, and any other territory or possession of the
United States.''.
SEC. 4266. REQUIREMENTS FOR MULTI-LINE TELEPHONE SYSTEMS.
(a) In General.--Not later than 270 days after the date of the
enactment of this Act, the Administrator of General Services, in
conjunction with the Office, shall issue a report to Congress
identifying the 9-1-1 capabilities of the multi-line telephone system
in use by all Federal agencies in all Federal buildings and properties.
(b) Commission Action.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Commission shall issue a public
notice seeking comment on the feasibility of requiring MLTS
manufacturers to include within all such systems manufactured
or sold after a date certain, to be determined by the
Commission, one or more mechanisms to provide a sufficiently
precise indication of a 9-1-1 caller's location, while avoiding
the imposition of undue burdens on MLTS manufacturers,
providers, and operators.
(2) Specific requirement.--The public notice under
paragraph (1) shall seek comment on the National Emergency
Number Association's ``Technical Requirements Document On Model
Legislation E9-1-1 for Multi-Line Telephone Systems'' (NENA 06-
750, Version 2).
SEC. 4267. GAO STUDY OF STATE AND LOCAL USE OF 9-1-1 SERVICE CHARGES.
(a) In General.--Not later than 60 days after the date of the
enactment of this Act, the Comptroller General of the United States
shall initiate a study of--
(1) the imposition of taxes, fees, or other charges imposed
by States or political subdivisions of States that are
designated or presented as dedicated to improve emergency
communications services, including 9-1-1 services or enhanced
9-1-1 services, or related to emergency communications services
operations or improvements; and
(2) the use of revenues derived from such taxes, fees, or
charges.
(b) Report.--Not later than 18 months after initiating the study
required by subsection (a), the Comptroller General shall prepare and
submit a report on the results of the study to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee
on Energy and Commerce of the House of Representatives setting forth
the findings, conclusions, and recommendations, if any, of the study,
including--
(1) the identity of each State or political subdivision
that imposes such taxes, fees, or other charges; and
(2) the amount of revenues obligated or expended by that
State or political subdivision for any purpose other than the
purposes for which such taxes, fees, or charges were designated
or presented.
SEC. 4268. PARITY OF PROTECTION FOR PROVISION OR USE OF NEXT GENERATION
9-1-1 SERVICES.
(a) Immunity.--A provider or user of Next Generation 9-1-1
services, a public safety answering point, and the officers, directors,
employees, vendors, agents, and authorizing government entity (if any)
of such provider, user, or public safety answering point, shall have
immunity and protection from liability under Federal and State law to
the extent provided in subsection (b) with respect to--
(1) the release of subscriber information related to
emergency calls or emergency services;
(2) the use or provision of 9-1-1 services, E9-1-1
services, or Next Generation 9-1-1 services; and
(3) other matters related to 9-1-1 services, E9-1-1
services, or Next Generation 9-1-1 services.
(b) Scope of Immunity and Protection From Liability.--The scope and
extent of the immunity and protection from liability afforded under
subsection (a) shall be the same as that provided under section 4 of
the Wireless Communications and Public Safety Act of 1999 (47 U.S.C.
615a) to wireless carriers, public safety answering points, and users
of wireless 9-1-1 service (as defined in paragraphs (4), (3), and (6),
respectively, of section 6 of that Act (47 U.S.C. 615b)) with respect
to such release, use, and other matters.
SEC. 4269. COMMISSION PROCEEDING ON AUTODIALING.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Commission shall initiate a proceeding to
create a specialized Do-Not-Call registry for public safety answering
points.
(b) Features of the Registry.--The Commission shall issue
regulations, after providing the public with notice and an opportunity
to comment, that--
(1) permit verified public safety answering point
administrators or managers to register the telephone numbers of
all 9-1-1 trunks and other lines used for the provision of
emergency services to the public or for communications between
public safety agencies;
(2) provide a process for verifying, no less frequently
than once every 7 years, that registered numbers should
continue to appear upon the registry;
(3) provide a process for granting and tracking access to
the registry by the operators of automatic dialing equipment;
(4) protect the list of registered numbers from disclosure
or dissemination by parties granted access to the registry; and
(5) prohibit the use of automatic dialing or ``robocall''
equipment to establish contact with registered numbers.
(c) Enforcement.--The Commission shall--
(1) establish monetary penalties for violations of the
protective regulations established pursuant to subsection
(b)(4) of not less than $100,000 per incident nor more than
$1,000,000 per incident;
(2) establish monetary penalties for violations of the
prohibition on automatically dialing registered numbers
established pursuant to subsection (b)(5) of not less than
$10,000 per call nor more than $100,000 per call; and
(3) provide for the imposition of fines under paragraphs
(1) or (2) that vary depending upon whether the conduct leading
to the violation was negligent, grossly negligent, reckless, or
willful, and depending on whether the violation was a first or
subsequent offence.
SEC. 4270. NHTSA REPORT ON COSTS FOR REQUIREMENTS AND SPECIFICATIONS OF
NEXT GENERATION 9-1-1 SERVICES.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Administrator of the National Highway
Traffic Safety Administration, in consultation with the Commission, the
Secretary of Homeland Security, and the Office, shall prepare and
submit a report to Congress that analyzes and determines detailed costs
for specific Next Generation 9-1-1 service requirements and
specifications.
(b) Purpose of Report.--The purpose of the report required under
subsection (a) is to serve as a resource for Congress as it considers
creating a coordinated, long-term funding mechanism for the deployment
and operation, accessibility, application development, equipment
procurement, and training of personnel for Next Generation 9-1-1
services.
(c) Required Inclusions.--The report required under subsection (a)
shall include the following:
(1) How costs would be broken out geographically and/or
allocated among public safety answering points, broadband
service providers, and third-party providers of Next Generation
9-1-1 services.
(2) An assessment of the current state of Next Generation
9-1-1 service readiness among public safety answering points.
(3) How differences in public safety answering points'
access to broadband across the country may affect costs.
(4) A technical analysis and cost study of different
delivery platforms, such as wireline, wireless, and satellite.
(5) An assessment of the architectural characteristics,
feasibility, and limitations of Next Generation 9-1-1 service
delivery.
(6) An analysis of the needs for Next Generation 9-1-1
services of persons with disabilities.
(7) Standards and protocols for Next Generation 9-1-1
services and for incorporating Voice over Internet Protocol and
``Real-Time Text'' standards.
SEC. 4271. FCC RECOMMENDATIONS FOR LEGAL AND STATUTORY FRAMEWORK FOR
NEXT GENERATION 9-1-1 SERVICES.
Not later than 1 year after the date of the enactment of this Act,
the Commission, in coordination with the Secretary of Homeland
Security, the Administrator of the National Highway Traffic Safety
Administration, and the Office, shall prepare and submit a report to
Congress that contains recommendations for the legal and statutory
framework for Next Generation 9-1-1 services, consistent with
recommendations in the National Broadband Plan developed by the
Commission pursuant to the American Recovery and Reinvestment Act of
2009, including the following:
(1) A legal and regulatory framework for the development of
Next Generation 9-1-1 services and the transition from legacy
9-1-1 to Next Generation 9-1-1 networks.
(2) Legal mechanisms to ensure efficient and accurate
transmission of 9-1-1 caller information to emergency response
agencies.
(3) Recommendations for removing jurisdictional barriers
and inconsistent legacy regulations including--
(A) proposals that would require States to remove
regulatory roadblocks to Next Generation 9-1-1 services
development, while recognizing existing State authority
over 9-1-1 services;
(B) eliminating outdated 9-1-1 regulations at the
Federal level; and
(C) preempting inconsistent State regulations.
Subtitle C--Federal Spectrum Relocation
SEC. 4301. RELOCATION OF AND SPECTRUM SHARING BY FEDERAL GOVERNMENT
STATIONS.
(a) In General.--Section 113 of the National Telecommunications and
Information Administration Organization Act (47 U.S.C. 923) is
amended--
(1) in subsection (g)--
(A) by striking the heading and inserting
``Relocation of and Spectrum Sharing by Federal
Government Stations'';
(B) by amending paragraph (1) to read as follows:
``(1) Eligible federal entities.--Any Federal entity that
operates a Federal Government station authorized to use a band
of eligible frequencies described in paragraph (2) and that
incurs relocation or sharing costs because of planning for an
auction of spectrum frequencies or the reallocation of spectrum
frequencies from Federal use to exclusive non-Federal use or to
shared use shall receive payment for such relocation or sharing
costs from the Spectrum Relocation Fund, in accordance with
this section and section 118. For purposes of this paragraph,
Federal power agencies exempted under subsection (c)(4) that
choose to relocate from the frequencies identified for
reallocation pursuant to subsection (a) are eligible to receive
payment under this paragraph.'';
(C) by amending paragraph (2)(B) to read as
follows:
``(B) any other band of frequencies reallocated
from Federal use to exclusive non-Federal use or to
shared use after January 1, 2003, that is assigned by
competitive bidding pursuant to section 309(j) of the
Communications Act of 1934 (47 U.S.C. 309(j)).'';
(D) by amending paragraph (3) to read as follows:
``(3) Relocation or sharing costs defined.--
``(A) In general.--For purposes of this section and
section 118, the term `relocation or sharing costs'
means the costs incurred by a Federal entity in
connection with the auction of spectrum frequencies
previously assigned to such entity or the sharing of
spectrum frequencies assigned to such entity (including
the auction or a planned auction of the rights to use
spectrum frequencies on a shared basis with such
entity) in order to achieve comparable capability of
systems as before the relocation or sharing
arrangement. Such term includes, with respect to
relocation or sharing, as the case may be--
``(i) the costs of any modification or
replacement of equipment, spares, associated
ancillary equipment, software, facilities,
operating manuals, training, or compliance with
regulations that are attributable to relocation
or sharing;
``(ii) the costs of all engineering,
equipment, software, site acquisition, and
construction, as well as any legitimate and
prudent transaction expense, including term-
limited Federal civil servant and contractor
staff necessary to carry out the relocation or
sharing activities of a Federal entity, and
reasonable additional costs incurred by the
Federal entity that are attributable to
relocation or sharing, including increased
recurring costs associated with the replacement
of facilities;
``(iii) the costs of research, engineering
studies, economic analyses, or other expenses
reasonably incurred in connection with--
``(I) calculating the estimated
relocation or sharing costs that are
provided to the Commission pursuant to
paragraph (4)(A);
``(II) determining the technical or
operational feasibility of relocation
to 1 or more potential relocation
bands; or
``(III) planning for or managing a
relocation or sharing arrangement
(including spectrum coordination with
auction winners);
``(iv) the one-time costs of any
modification of equipment reasonably
necessary--
``(I) to accommodate non-Federal
use of shared frequencies; or
``(II) in the case of eligible
frequencies reallocated for exclusive
non-Federal use and assigned through a
system of competitive bidding under
section 309(j) of the Communications
Act of 1934 (47 U.S.C. 309(j)) but with
respect to which a Federal entity
retains primary allocation or protected
status for a period of time after the
completion of the competitive bidding
process, to accommodate shared Federal
and non-Federal use of such frequencies
for such period; and
``(v) the costs associated with the
accelerated replacement of systems and
equipment if the acceleration is necessary to
ensure the timely relocation of systems to a
new frequency assignment or the timely
accommodation of sharing of Federal
frequencies.
``(B) Comparable capability of systems.--For
purposes of subparagraph (A), comparable capability of
systems--
``(i) may be achieved by relocating a
Federal Government station to a new frequency
assignment, by relocating a Federal Government
station to a different geographic location, by
modifying Federal Government equipment to
mitigate interference or use less spectrum, in
terms of bandwidth, geography, or time, and
thereby permitting spectrum sharing (including
sharing among relocated Federal entities and
incumbents to make spectrum available for non-
Federal use) or relocation, or by utilizing an
alternative technology; and
``(ii) includes the acquisition of state-
of-the-art replacement systems intended to meet
comparable operational scope, which may include
incidental increases in functionality.'';
(E) in paragraph (4)--
(i) in the heading, by striking
``relocations costs'' and inserting
``relocation or sharing costs'';
(ii) by striking ``relocation costs'' each
place it appears and inserting ``relocation or
sharing costs''; and
(iii) in subparagraph (A), by inserting
``or sharing'' after ``such relocation'';
(F) in paragraph (5)--
(i) by striking ``relocation costs'' and
inserting ``relocation or sharing costs''; and
(ii) by inserting ``or sharing'' after
``for relocation''; and
(G) by amending paragraph (6) to read as follows:
``(6) Implementation of procedures.--The NTIA shall take
such actions as necessary to ensure the timely relocation of
Federal entities' spectrum-related operations from frequencies
described in paragraph (2) to frequencies or facilities of
comparable capability and to ensure the timely implementation
of arrangements for the sharing of frequencies described in
such paragraph. Upon a finding by the NTIA that a Federal
entity has achieved comparable capability of systems, the NTIA
shall terminate or limit the entity's authorization and notify
the Commission that the entity's relocation has been completed
or sharing arrangement has been implemented. The NTIA shall
also terminate such entity's authorization if the NTIA
determines that the entity has unreasonably failed to comply
with the timeline for relocation or sharing submitted by the
Director of the Office of Management and Budget under section
118(d)(2)(C).'';
(2) by redesignating subsections (h) and (i) as subsections
(k) and (l), respectively; and
(3) by inserting after subsection (g) the following:
``(h) Development and Publication of Relocation or Sharing
Transition Plans.--
``(1) Development of transition plan by federal entity.--
Not later than 240 days before the commencement of any auction
of eligible frequencies described in subsection (g)(2), a
Federal entity authorized to use any such frequency shall
submit to the NTIA and to the Technical Panel established by
paragraph (3) a transition plan for the implementation by such
entity of the relocation or sharing arrangement. The NTIA shall
specify, after public input, a common format for all Federal
entities to follow in preparing transition plans under this
paragraph.
``(2) Contents of transition plan.--The transition plan
required by paragraph (1) shall include the following
information:
``(A) The use by the Federal entity of the eligible
frequencies to be auctioned, current as of the date of
the submission of the plan.
``(B) The geographic location of the facilities or
systems of the Federal entity that use such
frequencies.
``(C) The frequency bands used by such facilities
or systems, described by geographic location.
``(D) The steps to be taken by the Federal entity
to relocate its spectrum use from such frequencies or
to share such frequencies, including timelines for
specific geographic locations in sufficient detail to
indicate when use of such frequencies at such locations
will be discontinued by the Federal entity or shared
between the Federal entity and non-Federal users.
``(E) The specific interactions between the
eligible Federal entity and the NTIA needed to
implement the transition plan.
``(F) The name of the officer or employee of the
Federal entity who is responsible for the relocation or
sharing efforts of the entity and who is authorized to
meet and negotiate with non-Federal users regarding the
transition.
``(G) The plans and timelines of the Federal entity
for--
``(i) using funds received from the
Spectrum Relocation Fund established by section
118;
``(ii) procuring new equipment and
additional personnel needed for relocation or
sharing;
``(iii) field-testing and deploying new
equipment needed for relocation or sharing; and
``(iv) hiring and relying on contract
personnel, if any, needed for relocation or
sharing.
``(H) Factors that could hinder fulfillment of the
transition plan by the Federal entity.
``(3) Technical panel.--
``(A) Establishment.--There is established within
the NTIA a panel to be known as the Technical Panel.
``(B) Membership.--
``(i) Number and appointment.--The
Technical Panel shall be composed of 3 members,
to be appointed as follows:
``(I) One member to be appointed by
the Director of the Office of
Management and Budget (in this
subsection referred to as `OMB').
``(II) One member to be appointed
by the Assistant Secretary.
``(III) One member to be appointed
by the Chairman of the Commission.
``(ii) Qualifications.--Each member of the
Technical Panel shall be a radio engineer or a
technical expert.
``(iii) Initial appointment.--The initial
members of the Technical Panel shall be
appointed not later than 180 days after the
date of the enactment of the Jumpstarting
Opportunity with Broadband Spectrum Act of
2011.
``(iv) Terms.--The term of a member of the
Technical Panel shall be 18 months, and no
individual may serve more than 1 consecutive
term.
``(v) Vacancies.--Any member appointed to
fill a vacancy occurring before the expiration
of the term for which the member's predecessor
was appointed shall be appointed only for the
remainder of that term. A member may serve
after the expiration of that member's term
until a successor has taken office. A vacancy
shall be filled in the manner in which the
original appointment was made.
``(vi) No compensation.--The members of the
Technical Panel shall not receive any
compensation for service on the Technical
Panel. If any such member is an employee of the
agency of the official that appointed such
member to the Technical Panel, compensation in
the member's capacity as such an employee shall
not be considered compensation under this
clause.
``(C) Administrative support.--The NTIA shall
provide the Technical Panel with the administrative
support services necessary to carry out its duties
under this subsection and subsection (i).
``(D) Regulations.--Not later than 180 days after
the date of the enactment of the Jumpstarting
Opportunity with Broadband Spectrum Act of 2011, the
NTIA shall, after public notice and comment and subject
to approval by the Director of OMB, adopt regulations
to govern the workings of the Technical Panel.
``(E) Certain requirements inapplicable.--The
Federal Advisory Committee Act (5 U.S.C. App.) and
sections 552 and 552b of title 5, United States Code,
shall not apply to the Technical Panel.
``(4) Review of plan by technical panel.--
``(A) In general.--Not later than 30 days after the
submission of the plan under paragraph (1), the
Technical Panel shall submit to the NTIA and to the
Federal entity a report on the sufficiency of the plan,
including whether the plan includes the information
required by paragraph (2) and an assessment of the
reasonableness of the proposed timelines and estimated
relocation or sharing costs, including the costs of any
proposed expansion of the capabilities of a Federal
system in connection with relocation or sharing.
``(B) Insufficiency of plan.--If the Technical
Panel finds the plan insufficient, the Federal entity
shall, not later than 90 days after the submission of
the report by the Technical panel under subparagraph
(A), submit to the Technical Panel a revised plan. Such
revised plan shall be treated as a plan submitted under
paragraph (1).
``(5) Publication of transition plan.--Not later than 120
days before the commencement of the auction described in
paragraph (1), the NTIA shall make the transition plan publicly
available on its website.
``(6) Updates of transition plan.--As the Federal entity
implements the transition plan, it shall periodically update
the plan to reflect any changed circumstances, including
changes in estimated relocation or sharing costs or the
timeline for relocation or sharing. The NTIA shall make the
updates available on its website.
``(7) Classified and other sensitive information.--
``(A) Classified information.--If any of the
information required to be included in the transition
plan of a Federal entity is classified information (as
defined in section 798(b) of title 18, United States
Code), the entity shall--
``(i) include in the plan--
``(I) an explanation of the
exclusion of any such information,
which shall be as specific as possible;
and
``(II) all relevant non-classified
information that is available; and
``(ii) discuss as a factor under paragraph
(2)(H) the extent of the classified information
and the effect of such information on the
implementation of the relocation or sharing
arrangement.
``(B) Regulations.--Not later than 180 days after
the date of the enactment of the Jumpstarting
Opportunity with Broadband Spectrum Act of 2011, the
NTIA, in consultation with the Director of OMB and the
Secretary of Defense, shall adopt regulations to ensure
that the information publicly released under paragraph
(5) or (6) does not contain classified information or
other sensitive information.
``(i) Dispute Resolution Process.--
``(1) In general.--If a dispute arises between a Federal
entity and a non-Federal user regarding the execution, timing,
or cost of the transition plan submitted by the Federal entity
under subsection (h)(1), the Federal entity or the non-Federal
user may request that the NTIA establish a dispute resolution
board to resolve the dispute.
``(2) Establishment of board.--
``(A) In general.--If the NTIA receives a request
under paragraph (1), it shall establish a dispute
resolution board.
``(B) Membership and appointment.--The dispute
resolution board shall be composed of 3 members, as
follows:
``(i) A representative of the Office of
Management and Budget (in this subsection
referred to as `OMB'), to be appointed by the
Director of OMB.
``(ii) A representative of the NTIA, to be
appointed by the Assistant Secretary.
``(iii) A representative of the Commission,
to be appointed by the Chairman of the
Commission.
``(C) Chair.--The representative of OMB shall be
the Chair of the dispute resolution board.
``(D) Vacancies.--Any vacancy in the dispute
resolution board shall be filled in the manner in which
the original appointment was made.
``(E) No compensation.--The members of the dispute
resolution board shall not receive any compensation for
service on the board. If any such member is an employee
of the agency of the official that appointed such
member to the board, compensation in the member's
capacity as such an employee shall not be considered
compensation under this subparagraph.
``(F) Termination of board.--The dispute resolution
board shall be terminated after it rules on the dispute
that it was established to resolve and the time for
appeal of its decision under paragraph (7) has expired,
unless an appeal has been taken under such paragraph.
If such an appeal has been taken, the board shall
continue to exist until the appeal process has been
exhausted and the board has completed any action
required by a court hearing the appeal.
``(3) Procedures.--The dispute resolution board shall meet
simultaneously with representatives of the Federal entity and
the non-Federal user to discuss the dispute. The dispute
resolution board may require the parties to make written
submissions to it.
``(4) Deadline for decision.--The dispute resolution board
shall rule on the dispute not later than 30 days after the
request was made to the NTIA under paragraph (1).
``(5) Assistance from technical panel.--The Technical Panel
established under subsection (h)(3) shall provide the dispute
resolution board with such technical assistance as the board
requests.
``(6) Administrative support.--The NTIA shall provide the
dispute resolution board with the administrative support
services necessary to carry out its duties under this
subsection.
``(7) Appeals.--A decision of the dispute resolution board
may be appealed to the United States Court of Appeals for the
District of Columbia Circuit by filing a notice of appeal with
that court not later than 30 days after the date of such
decision. Each party shall bear its own costs and expenses,
including attorneys' fees, for any appeal under this paragraph.
``(8) Regulations.--Not later than 180 days after the date
of the enactment of the Jumpstarting Opportunity with Broadband
Spectrum Act of 2011, the NTIA shall, after public notice and
comment and subject to approval by OMB, adopt regulations to
govern the working of any dispute resolution boards established
under paragraph (2)(A) and the role of the Technical Panel in
assisting any such board.
``(9) Certain requirements inapplicable.--The Federal
Advisory Committee Act (5 U.S.C. App.) and sections 552 and
552b of title 5, United States Code, shall not apply to a
dispute resolution board established under paragraph (2)(A).
``(j) Relocation Prioritized Over Sharing.--
``(1) In general.--In evaluating a band of frequencies for
possible reallocation for exclusive non-Federal use or shared
use, the NTIA shall give priority to options involving
reallocation of the band for exclusive non-Federal use and
shall choose options involving shared use only when it
determines, in consultation with the Director of the Office of
Management and Budget, that relocation of a Federal entity from
the band is not feasible because of technical or cost
constraints.
``(2) Notification of congress when sharing chosen.--If the
NTIA determines under paragraph (1) that relocation of a
Federal entity from the band is not feasible, the NTIA shall
notify the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Energy and Commerce of the
House of Representatives of the determination, including the
specific technical or cost constraints on which the
determination is based.''.
(b) Conforming Amendment.--Section 309(j) of the Communications Act
of 1934, as amended by section 4105, is further amended by striking
``relocation costs'' each place it appears and inserting ``relocation
or sharing costs''.
SEC. 4302. SPECTRUM RELOCATION FUND.
Section 118 of the National Telecommunications and Information
Administration Organization Act (47 U.S.C. 928) is amended--
(1) by striking ``relocation costs'' each place it appears
and inserting ``relocation or sharing costs'';
(2) by amending subsection (c) to read as follows:
``(c) Use of Funds.--The amounts in the Fund from auctions of
eligible frequencies are authorized to be used to pay relocation or
sharing costs of an eligible Federal entity incurring such costs with
respect to relocation from or sharing of those frequencies.'';
(3) in subsection (d)--
(A) in paragraph (2)--
(i) in subparagraph (A), by inserting ``or
sharing'' before the semicolon;
(ii) in subparagraph (B), by inserting ``or
sharing'' before the period at the end;
(iii) by redesignating subparagraphs (A)
and (B) as subparagraphs (B) and (C),
respectively; and
(iv) by inserting before subparagraph (B),
as so redesignated, the following:
``(A) unless the eligible Federal entity has
submitted a transition plan to the NTIA as required by
paragraph (1) of section 113(h), the Technical Panel
has found such plan sufficient under paragraph (4) of
such section, and the NTIA has made available such plan
on its website as required by paragraph (5) of such
section;'';
(B) by striking paragraph (3); and
(C) by adding at the end the following:
``(3) Transfers for pre-auction costs.--
``(A) In general.--Subject to subparagraph (B), the
Director of OMB may transfer to an eligible Federal
entity, at any time (including prior to a scheduled
auction), such sums as may be available in the Fund to
pay relocation or sharing costs related to pre-auction
estimates or research, as such costs are described in
section 113(g)(3)(A)(iii).
``(B) Notification.--No funds may be transferred
pursuant to subparagraph (A) unless--
``(i) the notification provided under
paragraph (2)(C) includes a certification from
the Director of OMB that--
``(I) funds transferred before an
auction will likely allow for timely
implementation of relocation or
sharing, thereby increasing net
expected auction proceeds by an amount
not less than the time value of the
amount of funds transferred; and
``(II) the auction is intended to
occur not later than 5 years after
transfer of funds; and
``(ii) the transition plan submitted by the
eligible Federal entity under section 113(h)(1)
provides--
``(I) to the fullest extent
possible, for sharing and coordination
of eligible frequencies with non-
Federal users, including reasonable
accommodation by the eligible Federal
entity for the use of eligible
frequencies by non-Federal users during
the period that the entity is
relocating its spectrum uses (in this
clause referred to as the `transition
period');
``(II) for non-Federal users to be
able to use eligible frequencies during
the transition period in geographic
areas where the eligible Federal entity
does not use such frequencies;
``(III) that the eligible Federal
entity will, during the transition
period, make itself available for
negotiation and discussion with non-
Federal users not later than 30 days
after a written request therefor; and
``(IV) that the eligible Federal
entity will, during the transition
period, make available to a non-Federal
user with appropriate security
clearances any classified information
(as defined in section 798(b) of title
18, United States Code) regarding the
relocation process, on a need-to-know
basis, to assist the non-Federal user
in the relocation process with such
eligible Federal entity or other
eligible Federal entities.
``(C) Applicability to certain costs.--
``(i) In general.--The Director of OMB may
transfer under subparagraph (A) not more than
$10,000,000 for costs incurred after June 28,
2010, but before the date of the enactment of
the Jumpstarting Opportunity with Broadband
Spectrum Act of 2011.
``(ii) Supplement not supplant.--Any
amounts transferred by the Director of OMB
pursuant to clause (i) shall be in addition to
any amounts that the Director of OMB may
transfer for costs incurred on or after the
date of the enactment of the Jumpstarting
Opportunity with Broadband Spectrum Act of
2011.
``(4) Reversion of unused funds.--Any amounts in the Fund
that are remaining after the payment of the relocation or
sharing costs that are payable from the Fund shall revert to
and be deposited in the general fund of the Treasury, for the
sole purpose of deficit reduction, not later than 8 years after
the date of the deposit of such proceeds to the Fund, unless
within 60 days in advance of the reversion of such funds, the
Director of OMB, in consultation with the NTIA, notifies the
congressional committees described in paragraph (2)(C) that
such funds are needed to complete or to implement current or
future relocation or sharing arrangements.'';
(4) in subsection (e)--
(A) in paragraph (1)(B)--
(i) in clause (i), by striking ``subsection
(d)(2)(A)'' and inserting ``subsection
(d)(2)(B)''; and
(ii) in clause (ii), by striking
``subsection (d)(2)(B)'' and inserting
``subsection (d)(2)(C)''; and
(B) in paragraph (2)--
(i) by striking ``entity's relocation'' and
inserting ``relocation of the entity or
implementation of the sharing arrangement by
the entity'';
(ii) by inserting ``or the implementation
of such arrangement'' after ``such
relocation''; and
(iii) by striking ``subsection (d)(2)(A)''
and inserting ``subsection (d)(2)(B)''; and
(5) by adding at the end the following:
``(f) Additional Payments From Fund.--
``(1) Amounts available.--Notwithstanding subsections (c)
through (e), after the date of the enactment of the
Jumpstarting Opportunity with Broadband Spectrum Act of 2011,
there are appropriated from the Fund and available to the
Director of OMB for use in accordance with paragraph (2) not
more than 10 percent of the amounts deposited in the Fund from
auctions occurring after such date of enactment of licenses for
the use of spectrum vacated by eligible Federal entities.
``(2) Use of amounts.--
``(A) In general.--The Director of OMB, in
consultation with the NTIA, may use amounts made
available under paragraph (1) to make payments to
eligible Federal entities that are implementing a
transition plan submitted under section 113(h)(1) in
order to encourage such entities to complete the
implementation more quickly, thereby encouraging timely
access to the eligible frequencies that are being
reallocated for exclusive non-Federal use or shared
use.
``(B) Conditions.--In the case of any payment by
the Director of OMB under subparagraph (A)--
``(i) such payment shall be based on the
market value of the eligible frequencies, the
timeliness with which the eligible Federal
entity clears its use of such frequencies, and
the need for such frequencies in order for the
entity to conduct its essential missions;
``(ii) the eligible Federal entity shall
use such payment for the purposes specified in
clauses (i) through (v) of section 113(g)(3)(A)
to achieve comparable capability of systems
affected by the reallocation of eligible
frequencies from Federal use to exclusive non-
Federal use or to shared use;
``(iii) such payment may not be made if the
amount remaining in the Fund after such payment
will be less than 10 percent of the winning
bids in the auction of the spectrum with
respect to which the Federal entity is
incurring relocation or sharing costs; and
``(iv) such payment may not be made until
30 days after the Director of OMB has notified
the congressional committees described in
subsection (d)(2)(C).''.
SEC. 4303. NATIONAL SECURITY AND OTHER SENSITIVE INFORMATION.
Part B of title I of the National Telecommunications and
Information Administration Organization Act (47 U.S.C. 921 et seq.) is
amended by adding at the end the following:
``SEC. 119. NATIONAL SECURITY AND OTHER SENSITIVE INFORMATION.
``(a) Determination.--If the head of an Executive agency (as
defined in section 105 of title 5, United States Code) determines that
public disclosure of any information contained in a notification or
report required by section 113 or 118 would reveal classified national
security information, or other information for which there is a legal
basis for nondisclosure and the public disclosure of which would be
detrimental to national security, homeland security, or public safety
or would jeopardize a law enforcement investigation, the head of the
Executive agency shall notify the Assistant Secretary of that
determination prior to the release of such information.
``(b) Inclusion in Annex.--The head of the Executive agency shall
place the information with respect to which a determination was made
under subsection (a) in a separate annex to the notification or report
required by section 113 or 118. The annex shall be provided to the
subcommittee of primary jurisdiction of the congressional committee of
primary jurisdiction in accordance with appropriate national security
stipulations but shall not be disclosed to the public or provided to
any unauthorized person through any means.''.
Subtitle D--Telecommunications Development Fund
SEC. 4401. NO ADDITIONAL FEDERAL FUNDS.
Section 309(j)(8)(C)(iii) of the Communications Act of 1934 (47
U.S.C. 309(j)(8)(C)(iii)) is amended to read as follows:
``(iii) the interest accrued to the account
shall be deposited in the general fund of the
Treasury, where such amount shall be dedicated
for the sole purpose of deficit reduction.''.
SEC. 4402. INDEPENDENCE OF THE FUND.
Section 714 of the Communications Act of 1934 (47 U.S.C. 614) is
amended--
(1) by striking subsection (c) and inserting the following:
``(c) Independent Board of Directors.--The Fund shall have a Board
of Directors consisting of 5 people with experience in areas including
finance, investment banking, government banking, communications law and
administrative practice, and public policy. The Board of Directors
shall select annually a Chair from among the directors. A nominating
committee, comprised of the Chair and 2 other directors selected by the
Chair, shall appoint additional directors. The Fund's bylaws shall
regulate the other aspects of the Board of Directors, including
provisions relating to meetings, quorums, committees, and other
matters, all as typically contained in the bylaws of a similar private
investment fund.'';
(2) in subsection (d)--
(A) by striking ``(after consultation with the
Commission and the Secretary of the Treasury)'';
(B) by striking paragraph (1); and
(C) by redesignating paragraphs (2) through (4) as
paragraphs (1) through (3), respectively; and
(3) in subsection (g), by striking ``subsection (d)(2)''
and inserting ``subsection (d)(1)''.
TITLE V--OFFSETS
Subtitle A--Guarantee Fees
SEC. 5001. GUARANTEE FEES.
Subpart A of part 2 of subtitle A of title XIII of the Housing and
Community Development Act of 1992 is amended by adding after section
1326 (12 U.S.C. 4546) the following new section:
``SEC. 1327. ENTERPRISE GUARANTEE FEES.
``(a) Definitions.--For purposes of this section, the following
definitions shall apply:
``(1) Guarantee fee.--The term `guarantee fee'--
``(A) means a fee described in subsection (b); and
``(B) includes--
``(i) the guaranty fee charged by the
Federal National Mortgage Association with
respect to mortgage-backed securities; and
``(ii) the management and guarantee fee
charged by the Federal Home Loan Mortgage
Corporation with respect to participation
certificates.
``(2) Average fees.--The term `average fees' means the
average contractual fee rate of single-family guaranty
arrangements by an enterprise entered into during 2011, plus
the recognition of any up-front cash payments over an estimated
average life, expressed in terms of basis points. Such
definition shall be interpreted in a manner consistent with the
annual report on guarantee fees by the Federal Housing Finance
Agency.
``(b) Increase.--
``(1) In general.--
``(A) Phased increase required.--Subject to
subsection (c), the Director shall require each
enterprise to charge a guarantee fee in connection with
any guarantee of the timely payment of principal and
interest on securities, notes, and other obligations
based on or backed by mortgages on residential real
properties designed principally for occupancy of from 1
to 4 families, consummated after the date of enactment
of this section.
``(B) Amount.--The amount of the increase required
under this section shall be determined by the Director
to appropriately reflect the risk of loss, as well the
cost of capital allocated to similar assets held by
other fully private regulated financial institutions,
but such amount shall be not less than an average
increase of 10 basis points for each origination year
or book year above the average fees imposed in 2011 for
such guarantees. The Director shall prohibit an
enterprise from offsetting the cost of the fee to
mortgage originators, borrowers, and investors by
decreasing other charges, fees, or premiums, or in any
other manner.
``(2) Authority to limit offer of guarantee.--The Director
shall prohibit an enterprise from consummating any offer for a
guarantee to a lender for mortgage-backed securities, if--
``(A) the guarantee is inconsistent with the
requirements of this section; or
``(B) the risk of loss is allowed to increase,
through lowering of the underwriting standards or other
means, for the primary purpose of meeting the
requirements of this section.
``(3) Deposit in treasury.--To the extent that amounts are
received from fee increases imposed under this section that are
necessary to comply with the minimum increase required by this
subsection, such amounts shall be deposited directly into the
United States Treasury, and shall be available only to the
extent provided in subsequent appropriations Acts. Such fees
shall not be considered a reimbursement to the Federal
Government for the costs or subsidy provided to an enterprise.
``(c) Phase-In.--
``(1) In general.--The Director may provide for compliance
with subsection (b) by allowing each enterprise to increase the
guarantee fee charged by the enterprise gradually over the 2-
year period beginning on the date of enactment of this section,
in a manner sufficient to comply with this section. In
determining a schedule for such increases, the Director shall--
``(A) provide for uniform pricing among lenders;
``(B) provide for adjustments in pricing based on
risk levels; and
``(C) take into consideration conditions in
financial markets.
``(2) Rule of construction.--Nothing in this subsection
shall be interpreted to undermine the minimum increase required
by subsection (b).
``(d) Information Collection and Annual Analysis.--The Director
shall require each enterprise to provide to the Director, as part of
its annual report submitted to Congress--
``(1) a description of--
``(A) changes made to up-front fees and annual fees
as part of the guarantee fees negotiated with lenders;
and
``(B) changes to the riskiness of the new borrowers
compared to previous origination years or book years;
and
``(2) an assessment of how the changes in the guarantee
fees described in paragraph (1) met the requirements of
subsection (b).
``(e) Enforcement.--
``(1) Required adjustments.--Based on the information from
subsection (d) and any other information the Director deems
necessary, the Director shall require an enterprise to make
adjustments in its guarantee fee in order to be in compliance
with subsection (b).
``(2) Noncompliance penalty.--An enterprise that has been
found to be out of compliance with subsection (b) for any 2
consecutive years shall be precluded from providing any
guarantee for a period, determined by rule of the Director, but
in no case less than 1 year.
``(3) Rule of construction.--Nothing in this subsection
shall be interpreted as preventing the Director from initiating
and implementing an enforcement action against an enterprise,
at a time the Director deems necessary, under other existing
enforcement authority.
``(f) Authority for Other Increases.--Nothing in this section may
be construed to prohibiting, restricting, or limiting increases, other
than pursuant to this section, in the guarantee fees charged by an
enterprise.
``(g) Expiration.--The provisions of this section shall expire on
October 1, 2021.''.
Subtitle B--Social Security Provisions
SEC. 5101. INFORMATION FOR ADMINISTRATION OF SOCIAL SECURITY PROVISIONS
RELATED TO NONCOVERED EMPLOYMENT.
(a) Collection.--Subsection (d) of section 6047 of the Internal
Revenue Code of 1986 is amended by redesignating paragraph (2) as
paragraph (3) and by inserting after paragraph (1) the following new
paragraph:
``(2) Deferred compensation plans of a state.--
``(A) In general.--In the case of any employer
deferred compensation plan (as defined in section
3405(e)(5)) of a State, a political subdivision
thereof, or any agency or instrumentality of any of the
foregoing, the Secretary shall in such forms or
regulations require, to the extent such information is
known or should be known, the identification of any
designated distribution (as defined in section
3405(e)(1)) if paid to any participant or beneficiary
of such plan based in whole or in part upon an
individual's earnings for service in the employ of any
such governmental entity.
``(B) State.--For purposes of subparagraph (A), the
term `State' includes the District of Columbia, the
Commonwealth or Puerto Rico, the Virgin Island, Guam,
and American Samoa.''.
(b) Disclosure.--Paragraph (1) of section 6103(l) of such Code is
amended by striking ``and'' at the end of subparagraph (B), by striking
the period at the end of subparagraph (C) and inserting ``; and'', and
by adding at the end the following:
``(D) any designated distribution described in
section 6047(d)(2) to the Social Security
Administration for purposes of its administration of
the Social Security Act.''.
(c) Effective Dates.--
(1) Subsection (a).--The amendments made by subsection (a)
shall apply to distributions made after December 31, 2012.
(2) Subsection (b).--The amendment made by subsection (b)
shall apply to disclosures made after December 31, 2012.
Subtitle C--Child Tax Credit
SEC. 5201. SOCIAL SECURITY NUMBER REQUIRED TO CLAIM THE REFUNDABLE
PORTION OF THE CHILD TAX CREDIT.
(a) In General.--Subsection (d) of section 24 of the Internal
Revenue Code of 1986 is amended by adding at the end the following new
paragraph:
``(5) Identification requirement with respect to
taxpayer.--
``(A) In general.--Paragraph (1) shall not apply to
any taxpayer for any taxable year unless the taxpayer
includes the taxpayer's Social Security number on the
return of tax for such taxable year.
``(B) Joint returns.--In the case of a joint
return, the requirement of subparagraph (A) shall be
treated as met if the Social Security number of either
spouse is included on such return.''.
(b) Omission Treated as Mathematical or Clerical Error.--
Subparagraph (I) of section 6213(g)(2) of such Code is amended to read
as follows:
``(I) an omission of a correct Social Security
number required under section 24(d)(5) (relating to
refundable portion of child tax credit), or a correct
TIN under section 24(e) (relating to child tax credit),
to be included on a return,''.
(c) Conforming Amendment.--Subsection (e) of section 24 of such
Code is amended by inserting ``With Respect to Qualifying Children''
after ``Identification Requirement'' in the heading thereof.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
Subtitle D--Eliminating Taxpayer Benefits for Millionaires
SEC. 5301. ENDING UNEMPLOYMENT AND SUPPLEMENTAL NUTRITION ASSISTANCE
PROGRAM BENEFITS FOR MILLIONAIRES.
(a) Ending Unemployment Benefits for Millionaires.--
(1) In general.--Subtitle E of the Internal Revenue Code of
1986 is amended by adding at the end the following new chapter:
``CHAPTER 56--EXCESS UNEMPLOYMENT COMPENSATION
``Sec. 5895. Excess unemployment compensation.
``SEC. 5895. EXCESS UNEMPLOYMENT COMPENSATION.
``(a) Imposition of Tax.--There is hereby imposed a tax equal to
100 percent of the excess unemployment compensation received by a
taxpayer in any taxable year.
``(b) Excess Unemployment Compensation.--For purposes of this
section, the term `excess unemployment compensation' means, with
respect to any State, the amount which bears the same ratio (not to
exceed 1) to the amount of unemployment compensation received by the
taxpayer from such State in the taxable year as--
``(1) the excess of--
``(A) the taxpayer's adjusted gross income for such
taxable year, over
``(B) $750,000 ($1,500,000 in the case of a joint
return), bears to
``(2) $250,000 ($500,000 in the case of a joint return).
``(c) Additional Definitions.--For purposes of this section--
``(1) Adjusted gross income.--The term `adjusted gross
income' has the meaning given such term by section 62.
``(2) Unemployment compensation.--The term `unemployment
compensation' has the meaning given such term by section 85(b).
``(d) Administrative Provisions.--For purposes of the deficiency
procedures of subtitle F, any tax imposed by this section shall be
treated as a tax imposed by subtitle A.
``(e) Transfer of Tax Receipts.--With respect to excess
unemployment compensation received by any taxpayer from a State, there
is hereby appropriated to the unemployment fund (as defined in section
3306(f)) of such State, an amount equal to the amount of the tax
imposed under subsection (a) on such excess unemployment compensation
received in the Treasury.''.
(2) Tax not deductible.--Section 275(a) of the Internal
Revenue Code of 1986 is amended by inserting after paragraph
(6) the following new paragraph:
``(7) Tax imposed by section 5895.''.
(3) Clerical amendment.--The table of chapters for subtitle
E of the Internal Revenue Code of 1986 is amended by adding at
the end the following new item:
``Chapter 56--Excess Unemployment Compensation''.
(4) Effective date.--The amendments made by this subsection
shall apply to unemployment compensation received in taxable
years beginning after December 31, 2011.
(b) Ending Supplemental Nutrition Assistance Program Benefits for
Millionaires.--
(1) In general.--Section 6 of the Food and Nutrition Act of
2008 (7 U.S.C. 2015) is amended by adding at the end the
following:
``(r) Disqualification for Receipt of Assets of at Least
$1,000,000.--Any household in which a member receives income or assets
with a fair market value of at least $1,000,000 shall, immediately on
the receipt of the assets, become ineligible for further participation
in the program until the date on which the household meets the income
eligibility and allowable financial resources standards under section
5.''.
(2) Conforming amendments.--Section 5(a) of the Food and
Nutrition Act of 2008 (7 U.S.C. 2014(a)) is amended in the
second sentence by striking ``sections 6(b), 6(d)(2), and
6(g)'' and inserting ``subsections (b), (d)(2), (g), and (r) of
section 6''.
Subtitle E--Federal Civilian Employees
PART 1--RETIREMENT ANNUITIES
SEC. 5401. SHORT TITLE.
This part may be cited as the ``Securing Annuities for Federal
Employees Act of 2011''.
SEC. 5402. RETIREMENT CONTRIBUTIONS.
(a) Civil Service Retirement System.--
(1) Individual contributions.--Section 8334(a)(1)(A) of
title 5, United States Code, is amended--
(A) by striking ``(a)(1)(A) The'' and inserting
``(a)(1)(A)(i) Except as provided in clause (ii),
the''; and
(B) by adding at the end the following:
``(ii) The percentage of basic pay to be deducted and withheld
under clause (i) shall--
``(I) for each of calendar years 2013, 2014, and 2015, be
equal to the percentage that applied in the preceding calendar
year (as increased under this subclause, if applicable), plus
an additional 0.5 percentage point; and
``(II) for each calendar year after 2015, be equal to the
applicable percentage for calendar year 2015 (as determined
under subclause (I)).''.
(2) Government contributions.--Section 8334(a)(1)(B) of
title 5, United States Code, is amended--
(A) in clause (i), by striking ``Except as provided
in clause (ii),'' and inserting ``Except as provided in
clause (ii) or (iii),''; and
(B) by adding at the end the following:
``(iii) The amount to be contributed under clause (i) shall, with
respect to a period in any calendar year specified in subparagraph
(A)(ii), be equal to--
``(I) the amount that would otherwise apply under clause
(i), reduced by
``(II) the amount by which the withholding under
subparagraph (A) exceeds the amount which would (but for clause
(ii) of such subparagraph) otherwise have been withheld under
such subparagraph from the basic pay of the employee or elected
official involved with respect to such period.''.
(3) Offset rule.--Section 8334(k) of title 5, United States
Code, is amended by adding at the end the following:
``(5) This subsection shall be applied in a manner consistent with
subsections (a)(1)(A)(ii) and (a)(1)(B)(iii) of section 8334.''.
(b) Federal Employees' Retirement System.--Section 8422(a) of title
5, United States Code, is amended--
(1) in paragraph (1), by striking ``paragraph (2).'' and
inserting ``this subsection.''; and
(2) by adding at the end the following:
``(4) Notwithstanding any other provision of this subsection, the
percentage to be deducted and withheld under this subsection shall--
``(A) for each of calendar years 2013, 2014, and 2015, be
equal to the percentage that applied in the preceding calendar
year under this subsection (including this subparagraph, if
applicable), plus an additional 0.5 percentage point; and
``(B) for each calendar year after 2015, be equal to the
applicable percentage for calendar year 2015 (as determined
under subparagraph (A)).''.
(c) Foreign Service.--For provisions of law requiring maintenance
of existing conformity--
(1) between the Civil Service Retirement System and the
Foreign Service Retirement System, and
(2) between the Federal Employees' Retirement System and
the Foreign Service Pension System,
see section 827 of the Foreign Service Act of 1980 (22 U.S.C. 4067).
(d) CIARDS.--
(1) Compatibility with csrs.--In order to carry out the
purposes of this section with respect to the Central
Intelligence Agency Retirement and Disability System, the
authority under section 292 of the Central Intelligence Agency
Retirement Act (50 U.S.C. 2141) shall be applied.
(2) Applicability of fers.--For provisions of law providing
for the application of the Federal Employees' Retirement System
with respect to employees of the Central Intelligence Agency,
see title III of the Central Intelligence Agency Retirement Act
(50 U.S.C. 2151 and following).
(e) TVA.--Section 3 of the Tennessee Valley Authority Act of 1933
(16 U.S.C. 831b) is amended by adding at the end the following:
``(c) The chief executive officer shall prescribe any regulations
which may be necessary in order to carry out the purposes of the
Securing Annuities for Federal Employees Act of 2011 with respect to
any defined benefit plan covering employees of the Tennessee Valley
Authority.''.
SEC. 5403. AMENDMENTS RELATING TO SECURE ANNUITY EMPLOYEES.
(a) Definition of Secure Annuity Employee.--Section 8401 of title
5, United States Code, is amended--
(1) in paragraph (35), by striking ``and'' at the end;
(2) in paragraph (36), by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(37) the term `secure annuity employee' means an employee
or Member who--
``(A) first becomes subject to this chapter after
December 31, 2012; and
``(B) at the time of first becoming subject to this
chapter, does not have at least 5 years of civilian
service creditable under the Civil Service Retirement
System or any other retirement system for Government
employees.''.
(b) Individual Contributions.--Section 8422(a) of title 5, United
States Code (as amended by section 2(b)) is further amended--
(1) in paragraph (4) (as added by section 2(b)), in the
matter before subparagraph (A), by inserting ``and except in
the case of a secure annuity employee,'' after ``this
subsection''; and
(2) by adding after paragraph (4) (as so added) the
following:
``(5) Notwithstanding any other provision of this subsection, in
the case of a secure annuity employee, the percentage to be deducted
and withheld shall be computed under paragraphs (1) through (3), except
that the applicable percentage under paragraph (3) for civilian service
shall--
``(A) in the case of a secure annuity employee who is an
employee, be equal to 10.2 percent; and
``(B) in the case of a secure annuity employee who is not
subject to subparagraph (A), 10.7 percent.''.
(c) Average Pay.--Section 8401(3) of title 5, United States Code,
is amended--
(1) by striking ``(3)'' and inserting ``(3)(A)''; and
(2) by adding ``except that'' after the semicolon; and
(3) by adding at the end the following:
``(B) in the case of a secure annuity employee, the term
`average pay' has the meaning determined applying subparagraph
(A)--
``(i) by substituting `5 consecutive years' for `3
consecutive years'; and
``(ii) by substituting `5 years' for `3 years'.''.
(d) Computation of Basic Annuity.--Section 8415 of title 5, United
States Code, is amended--
(1) by striking subsections (a) through (e) and inserting
the following:
``(a) Except as otherwise provided in this section, the annuity of
an employee retiring under this subchapter is--
``(1) except as provided under paragraph (2), 1 percent of
that individual's average pay multiplied by such individual's
total service; or
``(2) in the case of a secure annuity employee, 0.7 percent
of that individual's average pay multiplied by such
individual's total service.
``(b) The annuity of a Member, or former Member with title to a
Member annuity, retiring under this subchapter is computed under
subsection (a), except that if the individual has had at least 5 years
of service as a Member or Congressional employee, or any combination
thereof, so much of the annuity as is computed with respect to either
such type of service (or a combination thereof), not exceeding a total
of 20 years, shall be computed--
``(1) except as provided under paragraph (2), by
multiplying 1.7 percent of the individual's average pay by the
years of such service; or
``(2) in the case of an individual who is a secure annuity
employee, by multiplying 1.4 percent of the individual's
average pay by the years of such service.
``(c) The annuity of a Congressional employee, or former
Congressional employee, retiring under this subchapter is computed
under subsection (a), except that if the individual has had at least 5
years of service as a Congressional employee or Member, or any
combination thereof, so much of the annuity as is computed with respect
to either such type of service (or a combination thereof), not
exceeding a total of 20 years, shall be computed--
``(1) except as provided under paragraph (2), by
multiplying 1.7 percent of the individual's average pay by the
years of such service; or
``(2) in the case of an individual who is a secure annuity
employee, by multiplying 1.4 percent of the individual's
average pay by the years of such service.
``(d) The annuity of an employee retiring under subsection (d) or
(e) of section 8412 or under subsection (a), (b), or (c) of section
8425 is--
``(1) except as provided under paragraph (2)--
``(A) 1.7 percent of that individual's average pay
multiplied by so much of such individual's total
service as does not exceed 20 years; plus
``(B) 1 percent of that individual's average pay
multiplied by so much of such individual's total
service as exceeds 20 years; or
``(2) in the case of an individual who is a secure annuity
employee--
``(A) 1.4 percent of that individual's average pay
multiplied by so much of such individual's total
service as does not exceed 20 years; plus
``(B) 0.7 percent of that individual's average pay
multiplied by so much of such individual's total
service as exceeds 20 years.
``(e) The annuity of an air traffic controller or former air
traffic controller retiring under section 8412(a) is computed under
subsection (a), except that if the individual has had at least 5 years
of service as an air traffic controller as defined by section
2109(1)(A)(i), so much of the annuity as is computed with respect to
such type of service shall be computed--
``(1) except as provided under paragraph (2), by
multiplying 1.7 percent of the individual's average pay by the
years of such service; or
``(2) in the case of an individual who is a secure annuity
employee, by multiplying 1.4 percent of the individual's
average pay by the years of such service.''; and
(2) in subsection (h)--
(A) in paragraph (1), by striking ``subsection
(a)'' and inserting ``subsection (a)(1)''; and
(B) in paragraph (2), in the matter following
subparagraph (B), by striking ``or customs and border
protection officer'' and inserting ``customs and border
protection officer, or secure annuity employee.''.
SEC. 5404. ANNUITY SUPPLEMENT.
Section 8421(a) of title 5, United States Code, is amended--
(1) in paragraph (1), by striking ``paragraph (3)'' and
inserting ``paragraphs (3) and (4)'';
(2) in paragraph (2), by striking ``paragraph (3)'' and
inserting ``paragraphs (3) and (4)''; and
(3) by adding at the end the following:
``(4)(A) Except as provided in subparagraph (B), no annuity
supplement under this section shall be payable in the case of an
individual whose entitlement to annuity is based on such individual's
separation from service after December 31, 2012.
``(B) Nothing in this paragraph applies in the case of an
individual separating under subsection (d) or (e) of section 8412.''.
PART 2--FEDERAL WORKFORCE
SEC. 5421. EXTENSION OF PAY LIMITATION FOR FEDERAL EMPLOYEES.
(a) In General.--Section 147 of the Continuing Appropriations Act,
2011 (Public Law 111-242), as amended by section 1(a) of the Continuing
Appropriations and Surface Transportation Extensions Act, 2011 (Public
Law 111-322; 124 Stat. 3518), is further amended--
(1) in subsection (b)(1), by striking ``December 31, 2012''
and inserting ``December 31, 2013''; and
(2) in subsection (c), by striking ``December 31, 2012''
and inserting ``December 31, 2013''.
(b) Application to Legislative Branch.--
(1) Members of congress.--The extension of the pay limit
for Federal employees through December 31, 2013, as established
pursuant to the amendments made by subsection (a), shall apply
to Members of Congress in accordance with section 601(a) of the
Legislative Reorganization Act of 1946 (2 U.S.C. 31).
(2) Other legislative branch employees.--
(A) Limit in pay.--Notwithstanding any other
provision of law, no cost of living adjustment required
by statute with respect to a legislative branch
employee which (but for this subparagraph) would
otherwise take effect during the period beginning on
the date of enactment of this Act and ending on
December 31, 2013, shall be made.
(B) Definition.--In this paragraph, the term
``legislative branch employee'' means--
(i) an employee of the Federal Government
whose pay is disbursed by the Secretary of the
Senate or the Chief Administrative Officer of
the House of Representatives; and
(ii) an employee of any office of the
legislative branch who is not described in
clause (i).
SEC. 5422. REDUCTION OF DISCRETIONARY SPENDING LIMITS TO ACHIEVE
SAVINGS FROM FEDERAL EMPLOYEE PROVISIONS.
Section 251(c) of the Balanced Budget and Emergency Deficit Control
Act of 1985 is amended to read as follows:
``(c) Discretionary Spending Limit.--As used in this part, the term
`discretionary spending limit' means--
``(1) with respect to fiscal year 2013--
``(A) for the security category, $685,000,000,000
in new budget authority; and
``(B) for the nonsecurity category,
$359,000,000,000 in new budget authority;
``(2) with respect to fiscal year 2014, for the
discretionary category, $1,063,000,000,000 in new budget
authority;
``(3) with respect to fiscal year 2015, for the
discretionary category, $1,083,000,000,000 in new budget
authority;
``(4) with respect to fiscal year 2016, for the
discretionary category, $1,104,000,000,000 in new budget
authority;
``(5) with respect to fiscal year 2017, for the
discretionary category, $1,128,000,000,000 in new budget
authority;
``(6) with respect to fiscal year 2018, for the
discretionary category, $1,153,000,000,000 in new budget
authority;
``(7) with respect to fiscal year 2019, for the
discretionary category, $1,178,000,000,000 in new budget
authority;
``(8) with respect to fiscal year 2020, for the
discretionary category, $1,204,000,000,000 in new budget
authority; and
``(9) with respect to fiscal year 2021, for the
discretionary category, $1,230,000,000,000 in new budget
authority;
as adjusted in strict conformance with subsection (b).''.
SEC. 5423. REDUCTION OF REVISED DISCRETIONARY SPENDING LIMITS TO
ACHIEVE SAVINGS FROM FEDERAL EMPLOYEE PROVISIONS.
Paragraph (2) of section 251A of the Balanced Budget and Emergency
Deficit Control Act of 1985 is amended to read as follows:
``(2) Revised discretionary spending limits.--The
discretionary spending limits for fiscal years 2013 through
2021 under section 251(c) shall be replaced with the following:
``(A) For fiscal year 2013--
``(i) for the security category,
$546,000,000,000 in budget authority; and
``(ii) for the nonsecurity category,
$499,000,000,000 in budget authority.
``(B) For fiscal year 2014--
``(i) for the security category,
$556,000,000,000 in budget authority; and
``(ii) for the nonsecurity category,
$507,000,000,000 in budget authority.
``(C) For fiscal year 2015--
``(i) for the security category,
$566,000,000,000 in budget authority; and
``(ii) for the nonsecurity category,
$517,000,000,000 in budget authority.
``(D) For fiscal year 2016--
``(i) for the security category,
$577,000,000,000 in budget authority; and
``(ii) for the nonsecurity category,
$527,000,000,000 in budget authority.
``(E) For fiscal year 2017--
``(i) for the security category,
$590,000,000,000 in budget authority; and
``(ii) for the nonsecurity category,
$538,000,000,000 in budget authority.
``(F) For fiscal year 2018--
``(i) for the security category,
$603,000,000,000 in budget authority; and
``(ii) for the nonsecurity category,
$550,000,000,000 in budget authority.
``(G) For fiscal year 2019--
``(i) for the security category,
$616,000,000,000 in budget authority; and
``(ii) for the nonsecurity category,
$562,000,000,000 in budget authority.
``(H) For fiscal year 2020--
``(i) for the security category,
$630,000,000,000 in budget authority; and
``(ii) for the nonsecurity category,
$574,000,000,000 in budget authority.
``(I) For fiscal year 2021--
``(i) for the security category,
$644,000,000,000 in budget authority; and
``(ii) for the nonsecurity category,
$586,000,000,000 in budget authority.''.
Subtitle F--Health Care Provisions
SEC. 5501. INCREASE IN APPLICABLE PERCENTAGE USED TO CALCULATE MEDICARE
PART B AND PART D PREMIUMS FOR HIGH-INCOME BENEFICIARIES.
(a) In General.--Section 1839(i)(3)(C)(i) of the Social Security
Act (42 U.S.C. 1395r(i)(3)(C)(i)) is amended--
(1) by striking ``In general.--'' and inserting ``In
general.--(I) For calendar years prior to 2017:''; and
(2) by adding at the end the following new subclause:
``(II) For calendar year 2017 and each
subsequent calendar year:
------------------------------------------------------------------------
``If the modified adjusted
gross is: The applicable percentage is:
------------------------------------------------------------------------
More than $80,000 but not more 40.25 percent
than $100,000.
More than $100,000 but not 57.5 percent
more than $150,000.
More than $150,000 but not 74.75 percent
more than $200,000.
More than $200,000............ 90 percent.''.
------------------------------------------------------------------------
(b) Conforming Amendment.--Section 1839(i)(3)(A)(i) of the Social
Security Act (42 U.S.C. 1395r(i)(3)(A)(i)) is amended, by inserting
``and year'' after ``individual''.
SEC. 5502. TEMPORARY ADJUSTMENT TO THE CALCULATION OF MEDICARE PART B
AND PART D PREMIUMS.
(a) In General.--Section 1839(i)(6) of the Social Security Act (42
U.S.C. 1395r(i)(6)) is amended in the matter preceding subparagraph (A)
by striking ``December 31, 2019'' and inserting ``December 31 of the
first year after the year in which at least 25 percent of individuals
enrolled under this part are subject to a reduction under this
subsection to the monthly amount of the premium subsidy applicable to
the premium under this section.''.
(b) Application of Inflation Adjustment.--Section 1839(i)(5) of the
Social Security Act (42 U.S.C. 1395r(i)(5)) is amended--
(1) in subparagraph (A), by striking ``In the case'' and
inserting ``Subject to subparagraph (C), in the case''; and
(2) by adding at the end the following new subparagraph:
``(C) Treatment of years after temporary adjustment
period.--In applying subparagraph (A) for the first
year beginning after the period described in paragraph
(6) and for each subsequent year, the 12-month period
ending with August 2006 described in clause (ii) of
such subparagraph shall be deemed to be the 12-month
period ending with August of the last year of such
period described in paragraph (6).''.
TITLE VI--MISCELLANEOUS PROVISIONS
SEC. 6001. REPEAL OF CERTAIN SHIFTS IN THE TIMING OF CORPORATE
ESTIMATED TAX PAYMENTS.
The following provisions of law (and any modification of any such
provision which is contained in any other provision of law) shall not
apply with respect to any installment of corporate estimated tax:
(1) Section 201(b) of the Corporate Estimated Tax Shift Act
of 2009.
(2) Section 561 of the Hiring Incentives to Restore
Employment Act.
(3) Section 505 of the United States-Korea Free Trade
Agreement Implementation Act.
(4) Section 603 of the United States-Colombia Trade
Promotion Agreement Implementation Act.
(5) Section 502 of the United State-Panama Trade Promotion
Agreement Implementation Act.
SEC. 6002. REPEAL OF REQUIREMENT RELATING TO TIME FOR REMITTING CERTAIN
MERCHANDISE PROCESSING FEES.
(a) Repeal.--The Trade Adjustment Assistance Extension Act of 2011
(title II of Public Law 112-40; 125 Stat. 402) is amended by striking
section 263.
(b) Clerical Amendment.--The table of contents for such Act is
amended by striking the item relating to section 263.
SEC. 6003. POINTS OF ORDER IN THE SENATE.
(a) Point of Order To Protect the Social Security Trust Fund.--
(1) Notwithstanding any other provision of law, it shall
not be in order in the Senate to consider any measure that
extends the dates referenced in section 601(c) of the Tax
Relief, Unemployment Insurance Reauthorization, and Job
Creation Act of 2010 (26 U.S.C. 1401 note).
(2) The provisions of this subsection may be waived in the
Senate only by the affirmative vote of two-thirds of the
Members, duly chosen and sworn.
(b) Point of Order Against an Emergency Designation.--Section 314
of the Congressional Budget Act of 1974 is amended by--
(1) redesignating subsection (e) as subsection (f); and
(2) inserting after subsection (d) the following:
``(e) Senate Point of Order Against an Emergency Designation.--
``(1) In general.--When the Senate is considering a bill,
resolution, amendment, motion, amendment between the Houses, or
conference report, if a point of order is made by a Senator
against an emergency designation in that measure, that
provision making such a designation shall be stricken from the
measure and may not be offered as an amendment from the floor.
``(2) Supermajority waiver and appeals.--
``(A) Waiver.--Paragraph (1) may be waived or
suspended in the Senate only by an affirmative vote of
three-fifths of the Members, duly chosen and sworn.
``(B) Appeals.--Appeals in the Senate from the
decisions of the Chair relating to any provision of
this subsection shall be limited to 1 hour, to be
equally divided between, and controlled by, the
appellant and the manager of the bill or joint
resolution, as the case may be. An affirmative vote of
three-fifths of the Members of the Senate, duly chosen
and sworn, shall be required to sustain an appeal of
the ruling of the Chair on a point of order raised
under this subsection.
``(3) Definition of an emergency designation.--For purposes
of paragraph (1), a provision shall be considered an emergency
designation if it designates any item pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
``(4) Form of the point of order.--A point of order under
paragraph (1) may be raised by a Senator as provided in section
313(e) of the Congressional Budget Act of 1974.
``(5) Conference reports.--When the Senate is considering a
conference report on, or an amendment between the Houses in
relation to, a bill, upon a point of order being made by any
Senator pursuant to this section, and such point of order being
sustained, such material contained in such conference report
shall be deemed stricken, and the Senate shall proceed to
consider the question of whether the Senate shall recede from
its amendment and concur with a further amendment, or concur in
the House amendment with a further amendment, as the case may
be, which further amendment shall consist of only that portion
of the conference report or House amendment, as the case may
be, not so stricken. Any such motion in the Senate shall be
debatable. In any case in which such point of order is
sustained against a conference report (or Senate amendment
derived from such conference report by operation of this
subsection), no further amendment shall be in order.''.
SEC. 6004. PAYGO SCORECARD ESTIMATES.
(a) Budgetary Effects.--Neither scorecard maintained by the Office
of Management and Budget pursuant to section 4(d) of the Statutory Pay-
As-You-Go Act of 2010 (2 U.S.C. 933) shall include the budgetary
effects of this Act if such budgetary effects do not increase the
deficit for the period of fiscal years 2012 through 2021 as determined
by the estimate submitted for printing in the Congressional Record
pursuant to section 4(d) of such Act.
(b) Deficit.--The increase or decrease in the deficit in the
estimate submitted for printing referred to in subsection (a) shall be
determined on the basis of--
(1) the change in total outlays and total revenue of the
Federal Government, including off-budget effects, that would
result from this Act;
(2) the estimate of the effects of the changes to the
discretionary spending limits set forth in section 251 of the
Balanced Budget and Emergency Deficit Control Act of 1985 in
this Act; and
(3) the estimate of the change in net income to the
National Flood Insurance Program by this Act.
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