[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3630 Placed on Calendar Senate (PCS)]

                                                       Calendar No. 257
112th CONGRESS
  1st Session
                                H. R. 3630


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 13, 2011

                      Ordered read the first time

                           December 14, 2011

       Received; read the second time and placed on the calendar

_______________________________________________________________________

                                 AN ACT


 
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, 2013''.
    (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 CFR 
        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.

            Passed the House of Representatives December 13, 2011.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.
                                                       Calendar No. 257

112th CONGRESS

  1st Session

                               H. R. 3630

_______________________________________________________________________

                                 AN ACT

To provide incentives for the creation of jobs, and for other purposes.

_______________________________________________________________________

                           December 14, 2011

       Received; read the second time and placed on the calendar