Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Lackawanna Valley American Heritage
Area Act of 1998''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds that--
            (1) the industrial and cultural heritage of northeastern
        Pennsylvania, including Lackawanna County, Luzerne County,
        Wayne County, and Susquehanna County, related directly to
        anthracite and anthracite-related industries, is nationally
        significant;
            (2) the industries referred to in paragraph (1) include
        anthracite mining, ironmaking, textiles, and rail
        transportation;
            (3) the industrial and cultural heritage of the anthracite
        and anthracite-related industries in the region described in
        paragraph (1) includes the social history and living cultural
        traditions of the people of the region;
            (4) the labor movement of the region played a significant
        role in the development of the Nation, including--
                    (A) the formation of many major unions such as the
                United Mine Workers of America; and
                    (B) crucial struggles to improve wages and working
                conditions, such as the 1900 and 1902 anthracite
                strikes;
            (5)(A) the Secretary of the Interior is responsible for
        protecting the historical and cultural resources of the United
        States; and
            (B) there are significant examples of those resources
        within the region described in paragraph (1) that merit the
        involvement of the Federal Government to develop, in
        cooperation with the Lackawanna Heritage Valley Authority, the
        Commonwealth of Pennsylvania, and local and governmental
        entities, programs and projects to conserve, protect, and
        interpret this heritage adequately for future generations,
        while providing opportunities for education and revitalization;
        and
            (6) the Lackawanna Heritage Valley Authority would be an
        appropriate management entity for a Heritage Area established
        in the region described in paragraph (1).
    (b) Purposes.--The purposes of the Lackawanna Valley American
Heritage Area and this Act are--
            (1) to foster a close working relationship among all levels
        of government, the private sector, and the local communities in
        the anthracite coal region of northeastern Pennsylvania and
        enable the communities to conserve their heritage while
        continuing to pursue economic opportunities; and
            (2) to conserve, interpret, and develop the historical,
        cultural, natural, and recreational resources related to the
        industrial and cultural heritage of the 4-county region
        described in subsection (a)(1).

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Heritage area.--The term ``Heritage Area'' means the
        Lackawanna Valley American Heritage Area established by section
        4.
            (2) Management entity.--The term ``management entity''
        means the management entity for the Heritage Area specified in
        section 4(c).
            (3) Management plan.--The term ``management plan'' means
        the management plan for the Heritage Area developed under
        section 6(b).
            (4) Partner.--The term ``partner'' means--
                    (A) a Federal, State, or local governmental entity;
                and
                    (B) an organization, private industry, or
                individual involved in promoting the conservation and
                preservation of the cultural and natural resources of
                the Heritage Area.
            (5) Secretary.--The term ``Secretary'' means the Secretary
        of the Interior.

SEC. 4. LACKAWANNA VALLEY AMERICAN HERITAGE AREA.

    (a) Establishment.--There is established the Lackawanna Valley
American Heritage Area.
    (b) Boundaries.--The Heritage Area shall be comprised of all or
parts of Lackawanna County, Luzerne County, Wayne County, and
Susquehanna County, Pennsylvania, determined in accordance with the
compact under section 5.
    (c) Management Entity.--The management entity for the Heritage Area
shall be the Lackawanna Heritage Valley Authority.

SEC. 5. COMPACT.

    (a) In General.--To carry out this Act, the Secretary shall enter
into a compact with the management entity.
    (b) Contents of Compact.--The compact shall include information
relating to the objectives and management of the area, including--
            (1) a delineation of the boundaries of the Heritage Area;
        and
            (2) a discussion of the goals and objectives of the
        Heritage Area, including an explanation of the proposed
        approach to conservation and interpretation and a general
        outline of the protection measures committed to by the
        partners.

SEC. 6. AUTHORITIES AND DUTIES OF MANAGEMENT ENTITY.

    (a) Authorities of Management Entity.--The management entity may,
for the purposes of preparing and implementing the management plan, use
funds made available under this Act--
            (1) to make loans and grants to, and enter into cooperative
        agreements with, any State or political subdivision of a State,
        private organization, or person; and
            (2) to hire and compensate staff.
    (b) Management Plan.--
            (1) In general.--The management entity shall develop a
        management plan for the Heritage Area that presents
        comprehensive recommendations for the conservation, funding,
        management, and development of the Heritage Area.
            (2) Consideration of other plans and actions.--The
        management plan shall--
                    (A) take into consideration State, county, and
                local plans;
                    (B) involve residents, public agencies, and private
                organizations working in the Heritage Area; and
                    (C) include actions to be undertaken by units of
                government and private organizations to protect the
                resources of the Heritage Area.
            (3) Specification of funding sources.--The management plan
        shall specify the existing and potential sources of funding
        available to protect, manage, and develop the Heritage Area.
            (4) Other required elements.--The management plan shall
        include the following:
                    (A) An inventory of the resources contained in the
                Heritage Area, including a list of any property in the
                Heritage Area that is related to the purposes of the
                Heritage Area and that should be preserved, restored,
                managed, developed, or maintained because of its
                historical, cultural, natural, recreational, or scenic
                significance.
                    (B) A recommendation of policies for resource
                management that considers and details application of
                appropriate land and water management techniques,
                including the development of intergovernmental
                cooperative agreements to protect the historical,
                cultural, natural, and recreational resources of the
                Heritage Area in a manner that is consistent with the
                support of appropriate and compatible economic
                viability.
                    (C) A program for implementation of the management
                plan by the management entity, including--
                            (i) plans for restoration and construction;
                        and
                            (ii) specific commitments of the partners
                        for the first 5 years of operation.
                    (D) An analysis of ways in which local, State, and
                Federal programs may best be coordinated to promote the
                purposes of this Act.
                    (E) An interpretation plan for the Heritage Area.
            (5) Submission to secretary for approval.--
                    (A) In general.--Not later than the last day of the
                3-year period beginning on the date of enactment of
                this Act, the management entity shall submit the
                management plan to the Secretary for approval.
                    (B) Effect of failure to submit.--If a management
                plan is not submitted to the Secretary by the day
                referred to in subparagraph (A), the Secretary shall
                not, after that day, provide any grant or other
                assistance under this Act with respect to the Heritage
                Area until a management plan for the Heritage Area is
                submitted to the Secretary.
    (c) Duties of Management Entity.--The management entity shall--
            (1) give priority to implementing actions specified in the
        compact and management plan, including steps to assist units of
        government and nonprofit organizations in preserving the
        Heritage Area;
            (2) assist units of government and nonprofit organizations
        in--
                    (A) establishing and maintaining interpretive
                exhibits in the Heritage Area;
                    (B) developing recreational resources in the
                Heritage Area;
                    (C) increasing public awareness of and appreciation
                for the historical, natural, and architectural
                resources and sites in the Heritage Area; and
                    (D) restoring historic buildings that relate to the
                purposes of the Heritage Area;
            (3) encourage economic viability in the Heritage Area
        consistent with the goals of the management plan;
            (4) encourage local governments to adopt land use policies
        consistent with the management of the Heritage Area and the
        goals of the management plan;
            (5) assist units of government and nonprofit organizations
        to ensure that clear, consistent, and environmentally
        appropriate signs identifying access points and sites of
        interest are placed throughout the Heritage Area;
            (6) consider the interests of diverse governmental,
        business, and nonprofit groups within the Heritage Area;
            (7) conduct public meetings not less often than quarterly
        concerning the implementation of the management plan;
            (8) submit substantial amendments (including any increase
        of more than 20 percent in the cost estimates for
        implementation) to the management plan to the Secretary for the
        Secretary's approval; and
            (9) for each year in which Federal funds have been received
        under this Act--
                    (A) submit a report to the Secretary that
                specifies--
                            (i) the accomplishments of the management
                        entity;
                            (ii) the expenses and income of the
                        management entity; and
                            (iii) each entity to which any loan or
                        grant was made during the year;
                    (B) make available to the Secretary for audit all
                records relating to the expenditure of such funds and
                any matching funds; and
                    (C) require, with respect to all agreements
                authorizing expenditure of Federal funds by other
                organizations, that the receiving organizations make
                available to the Secretary for audit all records
                concerning the expenditure of such funds.
    (d) Use of Federal Funds.--
            (1) Funds made available under this act.--The management
        entity shall not use Federal funds received under this Act to
        acquire real property or any interest in real property.
            (2) Funds from other sources.--Nothing in this Act
        precludes the management entity from using Federal funds
        obtained through law other than this Act for any purpose for
        which the funds are authorized to be used.

SEC. 7. DUTIES AND AUTHORITIES OF FEDERAL AGENCIES.

    (a) Technical and Financial Assistance.--
            (1) In general.--
                    (A) Provision of assistance.--The Secretary may, at
                the request of the management entity, provide technical
                and financial assistance to the management entity to
                develop and implement the management plan.
                    (B) Priority in assistance.--In assisting the
                management entity, the Secretary shall give priority to
                actions that assist in--
                            (i) conserving the significant historical,
                        cultural, and natural resources that support
                        the purposes of the Heritage Area; and
                            (ii) providing educational, interpretive,
                        and recreational opportunities consistent with
                        the resources and associated values of the
                        Heritage Area.
            (2) Expenditures for non-federally owned property.--
                    (A) In general.--To further the purposes of this
                Act, the Secretary may expend Federal funds directly on
                non-federally owned property, especially for assistance
                to units of government relating to appropriate
                treatment of districts, sites, buildings, structures,
                and objects listed or eligible for listing on the
                National Register of Historic Places.
                    (B) Studies.--The Historic American Buildings
                Survey/Historic American Engineering Record shall
                conduct such studies as are necessary to document the
                industrial, engineering, building, and architectural
                history of the Heritage Area.
    (b) Approval and Disapproval of Management Plans.--
            (1) In general.--The Secretary, in consultation with the
        Governor of the Commonwealth of Pennsylvania, shall approve or
        disapprove a management plan submitted under this Act not later
        than 90 days after receipt of the management plan.
            (2) Action following disapproval.--
                    (A) In general.--If the Secretary disapproves a
                management plan, the Secretary shall advise the
                management entity in writing of the reasons for the
                disapproval and shall make recommendations for
                revisions to the management plan.
                    (B) Deadline for approval of revision.--The
                Secretary shall approve or disapprove a proposed
                revision within 90 days after the date on which the
                revision is submitted to the Secretary.
    (c) Approval of Amendments.--
            (1) Review.--The Secretary shall review substantial
        amendments (as determined under section 6(c)(8)) to the
        management plan for the Heritage Area.
            (2) Requirement of approval.--Funds made available under
        this Act shall not be expended to implement the amendments
        described in paragraph (1) until the Secretary approves the
        amendments.

SEC. 8. SUNSET PROVISION.

    The Secretary shall not provide any grant or other assistance under
this Act after September 30, 2012.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated to carry
out this Act $10,000,000, except that not more than $1,000,000 may be
appropriated to carry out this Act for any fiscal year.
    (b) 50 Percent Match.--The Federal share of the cost of activities
carried out using any assistance or grant under this Act shall not
exceed 50 percent.

Output:
Lackawanna Valley American Heritage Area Act of 1998 - Establishes the Lackawanna Valley American Heritage Area in Pennsylvania.
Requires the Lackawanna Heritage Valley Authority (the management entity for the Area) to develop and submit to the Secretary for approval a management plan that presents comprehensive recommendations for the conservation, funding, management, and development of the Area.
Prohibits the use of Federal funds received under this Act to acquire real property or interest therein.
Authorizes the Secretary, at the request of the management entity, to provide technical and financial assistance to the management entity to develop and implement the management plan.
Terminates any grant or other assistance under this Act after September 30, 2012.
Authorizes appropriations.  Limits the Federal share of the cost of activities carried out using any assistance or grant under this Act to 50 percent.


Input:
SECTION 1. SHORT TITLE.

    This legislation may be cited as the ``Puerto Rico Admission Act''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) The territory of Puerto Rico has a population of more
        than 3.4 million, and United States citizenship has been
        granted to individuals born in the islands for one hundred
        years.
            (2) The territory has an insular government that, subject
        to Federal law, exercises authority similar to that possessed
        by the governments of the several States.
            (3) The United States citizens of Puerto Rico are not
        treated equally in Federal law with citizens in the States and
        do not have representation in their national government other
        than that provided by a sole resident commissioner who can only
        vote in committees of the House of Representatives to which she
        or he is assigned.
            (4) An overwhelming majority of the United States citizens
        residing in Puerto Rico want to replace territory status with a
        permanent form of government that provides for equality and for
        democratic representation in the making of their national laws.
            (5) It has been the longstanding policy of the United
        States that the American citizens of the territory can
        determine whether it should eventually become a State or a
        nation.
            (6) In a plebiscite held in Puerto Rico under local law, a
        majority of the vote rejected continuation of the current
        territory status, with more than 61.1 percent petitioning the
        Congress and the President for statehood and a transition to
        equality and permanence within the Union of States.
            (7) Public Law 113-76 responded to the plebiscite under
        territorial law by providing for a plebiscite under Federal law
        on an option or options proposed by the Elections Commission of
        Puerto Rico that can resolve the question of the territory's
        status and are found by the Department of Justice to not
        conflict with the Constitution, laws, and policies of the
        United States.
            (8) The Governor, two-thirds majorities of each house of
        the Legislative Assembly, and the Resident Commissioner of
        Puerto Rico elected in November 2016 were voted into office on
        a platform of seeking equality and permanence for Puerto Rico
        within the United States.
            (9) Puerto Rico is treated as a State for the purposes of
        most laws but is not treated equally with the States under
        dozens of statutes, including some providing for major health
        and other programs for individuals with critical needs and in a
        number of revenue measures.
            (10) The limitations of, and treatment under, territory
        status has left Puerto Rico under-developed and substantially
        contributed to its economy being weak for four decades and in
        depression for the last one.
            (11) Millions of the U.S. citizens of Puerto Rico have
        moved to a State for the greater opportunity and better way of
        life possible in a State.
            (12) Equality within the Nation is required for a healthy
        American economy and essential for Puerto Rico's social and
        economic health as well as for basic reasons of democracy.
            (13) Puerto Ricans have contributed greatly to the Nation
        in all fields of endeavor both in war and in peace.
            (14) Puerto Rico should be transitioned into equality
        within the Union.

SEC. 3. PROCESS FOR REPLACING TERRITORY STATUS.

    (a) Consistent with Public Law 113-76, it is the policy of the
United States that the U.S. citizens of Puerto Rico may choose whether
Puerto Rico will become a State or a nation through a plebiscite under
that law.
    (b) If the U.S. citizens of Puerto Rico reaffirm the territory's
choice of statehood through a plebiscite under Public Law 113-76,
Federal laws that do not apply to Puerto Rico or apply differently to
the territory than to the several States are amended or repealed to
phase in the equal treatment of Puerto Rico with the several States by
January 3, 2025, as shall be provided for in a plan submitted to the
Congress and the President not later than 270 days after the enactment
of this Act by the President's Task Force on Puerto Rico's Status, and
Puerto Rico shall become a State on January 3, 2025.

SEC. 4. FEDERAL OFFICES.

    (a) President and Vice President.--With respect to the election for
the offices of President and Vice President in November 2024--
            (1) Puerto Rico shall be considered a State for purposes of
        chapter 21 of title 3, United States Code, and the electors of
        Puerto Rico shall be considered electors of a State for
        purposes of such chapter; and
            (2) for purposes of section 3 of such title, the number of
        electors from Puerto Rico shall be equal to the number of
        Senators and Representatives to which Puerto Rico is entitled
        during the One Hundred Nineteenth Congress, as determined in
        accordance with subsection (b).
    (b) Congressional Delegation.--
            (1) Representatives.--Effective on the first day of the One
        Hundred Nineteenth Congress, the number of Representatives of
        States in the House of Representatives shall be increased by
        the number of Representatives of the State with the population
        closest to that of Puerto Rico in the 2020 decennial census and
        the additional seats shall be occupied by Representatives of
        Puerto Rico. The Clerk of the House of Representatives shall
        transmit to the Governor of Puerto Rico and the Speaker of the
        House of Representatives a certificate of the number of
        Representatives to which Puerto Rico will be entitled not later
        than January 3, 2024.
            (2) Election.--The regularly scheduled general elections
        for Federal office held in Puerto Rico in November 2024 shall
        include the election of two Senators and the number of
        Representatives of Puerto Rico provided for in paragraph (1) of
        this subsection, all of whom shall first take office on January
        3, 2025. The Senate shall determine the class to which each of
        the Senators shall be assigned.
            (3) Resident commissioner.--Section 36 of the Act of March
        2, 1917, 39 Stat. 963, and section 1 of the Act of June 22,
        1906, 34 Stat. 417, as amended, are repealed effective January
        3, 2025.
            (4) Primary elections.--The Government of Puerto Rico may
        hold primary elections for the offices described in this
        section at such time and in such manner as it may provide, so
        long as such elections are held in the manner required by the
        laws applicable to elections for Federal office.

SEC. 5. PROCLAMATION.

    Following the transition process set forth in section 3, the
President shall issue a proclamation declaring that Puerto Rico is
admitted into the Union on an equal footing with the other States,
effective January 3, 2025, and Puerto Rico shall be so admitted.

SEC. 6. STATE.

    Upon the admission of Puerto Rico into the Union as a State--
     (a) State Constitution.--The Constitution of the Commonwealth of
Puerto Rico shall be accepted as the Constitution of the State.
    (b) Territory.--The State shall consist of all of the territory,
together with the waters included in the seaward boundary, of the
Commonwealth of Puerto Rico.
    (c) Continuity of Government.--The individuals holding legislative,
executive, and judicial offices of the Commonwealth of Puerto Rico
shall continue to discharge the duties of their respective offices.
    (d) Continuity of Laws.--
            (1) Territory law.--All of the laws of Puerto Rico shall
        continue in force and effect in the State, except as may be
        modified consistent with this Act, and shall be subject to
        repeal or amendment by the Legislative Assembly and the
        Governor of the sovereign State of Puerto Rico.
            (2) Federal law.--All of the laws of the United States
        shall have the same force and effect as on the date immediately
        prior to the date of admission of Puerto Rico into the Union as
        a State, except for any provision of law that treats Puerto
        Rico and its residents differently than the States of the Union
        and their residents, which shall be amended as of the date of
        admission to treat the State of Puerto Rico and its residents
        equally with the other States of the Union and their residents.

Output: Puerto Rico Admission Act This bill expresses U.S. policy that the U.S. citizens of Puerto Rico may choose whether Puerto Rico will become a state or a nation through a plebiscite pursuant to provisions of the Consolidated Appropriations Act, 2014.  If the U.S. citizens of Puerto Rico reaffirm the territory's choice of statehood through such a plebiscite:   federal laws that do not apply to Puerto Rico or that apply differently to the territory than to the several states shall be amended or repealed to phase in the equal treatment of Puerto Rico with the several states by January 3, 2025,   the President's Task Force on Puerto Rico's Status shall submit a plan providing for such equal treatment to Congress and the President by 270 days after the enactment of this bill,  Puerto Rico shall be considered a state for purposes of federal elections in November 2024, and Puerto Rico shall become a state and shall be admitted to the Union on equal footing with the other states on January 3, 2025.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Upper Colorado River and San Juan
River Endangered Fish Recovery Act of 1998''.

SEC. 2. PURPOSE.

    The purpose of the ``Upper Colorado River and the San Juan River
Endangered Fish Recovery Act of 1998'' is to authorize and provide
funding for the Secretary, acting through the Bureau of Reclamation and
the Bureau of Indian Affairs, to continue implementation of the
endangered fish recovery implementation programs for the Upper Colorado
and San Juan River Basins in order to accomplish the objectives of
these programs within a currently established time schedule.

SEC. 3. DEFINITIONS.

    As used in this Act--
            (1) the term ``Recovery Implementation Programs'' means the
        intergovernmental programs established pursuant to the 1988
        Cooperative Agreement to implement the Recovery Implementation
        Program for the Endangered Fish Species in the Upper Colorado
        River dated September 29, 1987, and the 1992 Cooperative
        Agreement to implement the San Juan River Recovery
        Implementation Program dated October 21, 1992, and as they may
        be amended by the parties thereto;
            (2) the term ``Secretary'' means the Secretary of the
        Interior;
            (3) the term ``Upper Division States'' means the States of
        Colorado, New Mexico, Utah, and Wyoming;
            (4) the term ``Endangered Species Act'' means the
        Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) and any
        Federal regulation implementing the Endangered Species Act;
            (5) the term ``Reclamation'' means the U.S. Bureau of
        Reclamation;
            (6) the term ``Service'' means the U.S. Fish and Wildlife
        Service;
            (7) the term ``Indian Affairs'' means the U.S. Bureau of
        Indian Affairs;
            (8) the term ``Bureau'' means the U.S. Bureau of Land
        Management;
            (9) the term ``capital projects'' means planning, design,
        permitting or other compliance, construction, construction
        management, and replacement of facilities, and the acquisition
        of interests in land or water, as necessary to carry out the
        Recovery Implementation Programs;
            (10) the term ``facilities'' includes facilities for the
        genetic conservation or propagation of the endangered fishes,
        those for the restoration of floodplain habitat or fish
        passage, those for regulation or supply of instream flows, and
        those for the removal or translocation of nonnative fishes;
            (11) the term ``interests in land and water'' includes
        long-term leases and easements, and long-term enforcement or
        other agreements protecting instream flows;
            (12) the term ``base funding'' means funding for operation
        and maintenance of capital projects, implementation of recovery
        actions other than capital projects, monitoring and research to
        evaluate the need for or effectiveness of any recovery action,
        and program management, as necessary to carry out the Recovery
        Implementation Programs. Base funding also includes annual
        funding provided under the terms of the 1988 Cooperative
        Agreement and the 1992 Cooperative Agreement; and
            (13) the term ``recovery actions other than capital
        projects'' includes short-term leases and agreements for
        interests in land, water, and facilities; the reintroduction or
        augmentation of endangered fish stocks; and the removal,
        translocation, or other control of nonnative fishes.

SEC. 4. AUTHORIZATION TO FUND RECOVERY PROGRAMS.

    (a) Cost of Capital Projects.--The costs of the capital projects
undertaken for the Recovery Implementation Programs shall not exceed
$100,000,000.
            (1) For the Recovery Implementation Program for Endangered
        Fish Species in the Upper Colorado River Basin through the year
        2003, such costs shall not exceed $82,000,000.
            (2) For the San Juan River Recovery Implementation Program
        through the year 2007, such costs shall not exceed $18,000,000.
            (3) These costs will be adjusted for inflation.
    (b) Authorization for Appropriations for Federal Participation in
Capital Projects.--There is hereby authorized to be appropriated to the
Secretary, acting through Reclamation, $46,000,000 to undertake capital
projects pursuant to this Act. Such funds shall be considered a
nonreimbursable Federal expenditure.
            (1) The authority of the Secretary to request
        appropriations to implement capital projects for the Recovery
        Implementation Program for Endangered Fish Species in the Upper
        Colorado River Basin shall expire in the year 2003 unless
        reauthorized by an Act of Congress.
            (2) The authority of the Secretary to request
        appropriations to implement the capital projects for the San
        Juan River Basin Recovery Implementation Program shall expire
        in the year 2007 unless reauthorized by an Act of Congress.
    (c) Non-Federal Contributions to Capital Projects.--(1) The
Secretary, acting through Reclamation, may enter into agreements with
the Upper Division States, political subdivisions or organizations
within the Upper Division States which contribute to the payment of
capital project costs. Such non-Federal contributions shall not exceed
$17,000,000.
    (2) In addition to the contribution described in 4(c)(1), the
Secretary may utilize power revenues collected pursuant to the Colorado
River Storage Project Act to carry out the purposes of this Act. Such
funds shall be treated as reimbursable costs assigned to power for
repayment under section 5 of the Colorado River Storage Project Act.
This additional contribution shall not exceed $17,000,000. Such funds
shall be considered a non-Federal contribution for the purposes of this
Act. The additional funding provided pursuant to this provision may be
provided through a loan or loans from the Colorado Water Conservation
Board Construction Fund (37-60-121 C.R.S.) to the Secretary of Energy
to replace revenues which would otherwise be used for project
repayments. The Secretary is authorized to repay such loan or loans
from power revenues, subject to an agreement between the Colorado Water
Conservation Board and the Secretary of Energy. The agreement shall
include provisions designed to minimize future increases in electrical
power rates and ensure that a lump-sum repayment, which includes
principal and interest, is paid to the Colorado Water Conservation
Board no later than October 31, 2057.
    (3) All contributions made pursuant to subsection (c)(1) and (c)(2)
shall be in addition to the cost of replacement power purchased due to
modifying the operation of the Colorado River Storage Project and the
capital value of water from Wolford Mountain Reservoir in Colorado.
Such contributions shall not exceed $20,000,000.
    (d) Base Funding.--The Secretary may utilize power revenues
collected pursuant to the Colorado River Storage Project Act for the
annual base funding contributions to the Recovery Implementation
Programs by Reclamation. Such funding will be treated as being
nonreimbursable and as having been repaid and returned to the general
fund of the Treasury as costs assigned to power for repayment under
section 5 of the Colorado River Storage Project Act.
            (1) For the Recovery Implementation Program for the
        Endangered Fish Species in the Upper Colorado River Basin, such
        contributions shall not exceed $4,000,000 per year.
            (2) For the San Juan River Recovery Implementation Program,
        such contributions shall not exceed $2,000,000 per year.
These limits on the annual contributions to base funding will be
adjusted for inflation. Any transfer of funds within these limits to
the Service shall not be subject to transfer fees. No later than
December 31, 2010, the Secretary shall submit a report on the
utilization of power revenues to the Subcommittee on Energy and Water
Development for the Senate and House Committee on Appropriations. The
Secretary shall also make a recommendation regarding the need for
additional funding that may be required to fulfill the goals of the
Recovery Implementation Programs. Nothing in this Act shall otherwise
modify or amend existing agreements among participants regarding base
funding and depletion fees for the Recovery Implementation Programs.
The Secretary of Energy and Reclamation shall maintain sufficient
revenues in the Colorado River Basin Fund to meet their obligations to
provide base funding in accordance with this provision.
    (e) Authority To Retain Appropriated Funds.--At the end of each
fiscal year any unexpended appropriated funds for capital projects
shall be retained for use in future fiscal years. Unexpended funds
which are carried over shall continue to be used to implement the
capital projects needed for the Recovery Implementation Programs.
    (f) Additional Authority.--The Secretary may enter into agreements
and contracts with Federal and non-Federal entities; acquire and
transfer interests in land, water and facilities; and accept or give
grants in order to carry out the purposes of this Act.
    (g) Indian Trust Assets.--As much of the potential water
development in the San Juan River Basin is for the benefit of Indian
tribes and most of the federally designated critical habitat for the
endangered fish species in the basin is on Indian trust lands, nothing
in this Act shall be construed to restrict the Secretary from funding
activities or capital items in accordance with the Federal Government's
Indian trust responsibility.

SEC. 5. EFFECT ON RECLAMATION LAW.

    Construction of facilities and acquisition of land and water
interests as contemplated herein shall not render these facilities or
land and water interests or associated processes and procedures subject
to the Reclamation Act of 1902, as amended.

Output:
Upper Colorado River and San Juan River Endangered Fish Recovery Act of 1998 - Limits to $100 million the costs of capital projects undertaken for the Upper Colorado and San Juan River recovery implementation programs (as agreed to in 1988).
Authorizes appropriations to the Secretary of the Interior, acting through the Bureau of Reclamation, to undertake capital projects under this Act.  Terminates in 2003 and 2007, respectively, the authority of the Secretary to request appropriations to implement such projects for the recovery programs in the Upper Colorado and San Juan River basins.  Authorizes the Secretary to:  (1) enter into agreements for non-federal contributions to project costs; and (2) utilize for such projects power revenues collected pursuant to the Colorado River Storage Project Act.  Limits such contributions with respect to each recovery program.  Requires the Secretary to report to specified committees and subcommittees on the utilization of such power revenues.
Authorizes the retention of appropriated but unexpended project funds for use in future fiscal years.
States that nothing in this Act shall restrict the Secretary from funding activities or capital items in accordance with the Federal Government's Indian trust responsibility.


Input:
SECTION 1. ESTABLISHMENT OF INITIATIVE FOR FOOD AND OTHER ASSISTANCE
              FOR INDIVIDUALS IN INDONESIA AND SOUTHEAST ASIA AFFECTED
              BY THE ASIAN FINANCIAL CRISIS.

    (a) Establishment of Initiative.--
            (1) In general.--The Administrator of the United States
        Agency for International Development, in coordination with the
        Secretary of Agriculture, shall establish an initiative for
        food and other assistance for individuals in Indonesia and
        Southeast Asia who are affected by the Asian financial crisis.
            (2) Conduct of food security elements of initiative.--In
        carrying out the food security elements of the initiative
        described in paragraph (1), the Administrator--
                    (A) shall establish, where appropriate,
                agricultural commodity distribution technical
                assistance, agricultural research, extension, farmer-
                to-farmer, and food assistance programs; and
                    (B) shall provide assistance to nongovernmental
                organizations, including private voluntary
                organizations and cooperatives, for programs to provide
                food assistance in accordance with subsection (b).
    (b) Assistance to Nongovernmental Organizations.--
            (1) Request for funds.--In order to receive funds made
        available under subsection (a)(2)(B), a nongovernmental
        organization, private voluntary organizations, or cooperative
        shall submit a request for funds in accordance with section
        202(e) of the Agricultural Trade Development and Assistance Act
        of 1954 (7 U.S.C. 1722(e)).
            (2) Approval/disapproval procedures.--A request for funds
        submitted by a nongovernmental organization, private voluntary
        organizations, or cooperative under paragraph (1) shall be
        approved or disapproved by the Administrator of the United
        States Agency for International Development in accordance with
        approval and disapproval procedures applicable to programs
        under title II of the Agricultural Trade Development and
        Assistance Act of 1954 (7 U.S.C. 1721 et seq.).
    (c) Duration of Programs.--A program described in subsection (a)
may be conducted for a period not to exceed 4 years.
    (d) Funding.--
            (1) Overall funding of initiative.--
                    (A) In general.--Of the amounts made available for
                fiscal year 1999 for assistance under chapter 1 of part
                I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151
                et seq.; relating to development assistance) and
                chapter 4 of part II of such Act (22 U.S.C. 2346 et
                seq.; relating to the economic support fund),
                $100,000,000 shall be made available for such fiscal
                year to carry out subsection (a)(2)(A).
                    (B) Sub-earmarks.--Of the amount available under
                subparagraph (A)--
                            (i) not less than 50 percent shall be made
                        available to address food, medical, fuel, and
                        other shortages in Indonesia and Southeast
                        Asia, and for such other immediate and
                        inexpensive actions that can expedite the
                        distribution of items to address such
                        shortages;
                            (ii) not less than 80 percent of the amount
                        of assistance made available for Indonesia
                        shall be made available, administered, or
                        distributed through indigenous nongovernmental
                        or private voluntary organizations;
                            (iii) not less than $6,000,000 shall be
                        made available to support the development of
                        political institutions and parties in Indonesia
                        and Southeast Asia;
                            (iv) not less than $8,000,000 shall be made
                        available to improve transparency and
                        regulation of banking, financial, insurance,
                        and securities institutions in Indonesia and
                        Southeast Asia; and
                            (v) not less than $8,000,000 shall be made
                        available to support legal and judicial reforms
                        in Indonesia and Southeast Asia.
            (2) Assistance to nongovernmental organizations.--Of the
        amounts made available for fiscal year 1999 for assistance
        under title II of the Agricultural Trade Development and
        Assistance Act of 1954, not less than $60,000,000 shall be made
        available for such fiscal year to carry out subsection
        (a)(2)(B).
            (3) Availability of amounts.--Amounts made available under
        paragraphs (1) and (2) are authorized to remain available until
        expended.

Output:
Directs the Administrator of the U.S. Agency for International Development (AID) to establish an initiative for food and other assistance for individuals in Indonesia and Southeast Asia affected by the Asian financial crisis.
Directs the Administrator of AID, in carrying out the food security elements of the initiative, to:  (1) establish, where appropriate, agricultural commodity distribution technical assistance, agricultural research, extension, farmer-to-farmer, and food assistance programs; and (2) provide assistance to nongovernmental organizations, including private voluntary organizations and cooperatives, for programs (of up to four years in duration) to provide food assistance under this Act.
Earmarks certain developmental and agricultural assistance and economic support fund assistance for the food security initiative, including assistance for:  (1) food, medical, fuel, and other shortages in Indonesia and Southeast Asia; (2) developing political institutions and parties in Indonesia and Southeast Asia; (3) improvement of transparency and regulation of banking, financial, insurance, and securities institutions; and (4) support of legal and judicial reforms.  Requires that at least 80 percent of the assistance to Indonesia be administered or distributed through indigenous nongovernmental or private voluntary organizations.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Community Lending Enhancement and
Regulatory Relief Act of 2017'' or the ``CLEAR Relief Act of 2017''.

SEC. 2. COMMUNITY BANK EXEMPTION FROM ANNUAL MANAGEMENT ASSESSMENT OF
              INTERNAL CONTROLS REQUIREMENT OF THE SARBANES-OXLEY ACT
              OF 2002.

    Section 404 of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7262) is
amended by adding at the end the following:
    ``(d) Community Bank Exemption.--
            ``(1) Definitions.--In this subsection--
                    ``(A) the term `bank holding company' has the
                meaning given the term in section 2 of the Bank Holding
                Company Act of 1956 (12 U.S.C. 1841);
                    ``(B) the term `insured depository institution' has
                the meaning given the term in section 3 of the Federal
                Deposit Insurance Act (12 U.S.C. 1813); and
                    ``(C) the term `savings and loan holding company'
                has the meaning given the term in section 10(a) of the
                Home Owners' Loan Act (12 U.S.C. 1467a(a)).
            ``(2) In general.--This section and the rules prescribed
        under this section shall not apply in any fiscal year to any
        bank holding company, savings and loan holding company, or
        insured depository institution that, as of the end of the
        preceding fiscal year, had total consolidated assets of
        $1,000,000,000 or less.
            ``(3) Adjustment of amount.--The Commission shall annually
        adjust the dollar amount in paragraph (1) by an amount equal to
        the percentage increase, for the most recent year, in total
        assets held by all bank holding companies, savings and loan
        holding companies, and insured depository institutions, as
        reported by the Federal Deposit Insurance Corporation.''.

SEC. 3. ESCROW REQUIREMENTS RELATING TO CERTAIN CONSUMER CREDIT
              TRANSACTIONS.

    Section 129D(c) of the Truth in Lending Act (15 U.S.C. 1639d(c)) is
amended--
            (1) by redesignating paragraphs (1) through (4) as
        subparagraphs (A) through (D), respectively, and adjusting the
        margins accordingly;
            (2) by striking ``The Bureau'' and inserting the following:
            ``(1) In general.--The Bureau''; and
            (3) by adding at the end the following:
            ``(2) Treatment of loans held by smaller institutions.--The
        Bureau shall, by regulation, exempt from the requirements of
        subsection (a) any loan secured by a first lien on the
        principal dwelling of a consumer, if such loan is held by an
        insured depository institution having assets of $10,000,000,000
        or less.''.

SEC. 4. MINIMUM STANDARDS FOR RESIDENTIAL MORTGAGE LOANS.

    Section 129C(b)(2) of the Truth in Lending Act (15 U.S.C.
1639c(b)(2)) is amended by adding at the end the following:
                    ``(F) Safe harbor.--
                            ``(i) In general.--In this section--
                                    ``(I) the term `qualified mortgage'
                                includes any mortgage loan that is
                                originated and retained in portfolio
                                for a period of not less than 3 years
                                by a depository institution together
                                with its affiliates has less than
                                $10,000,000,000 in total consolidated
                                assets; and
                                    ``(II) loans described in subclause
                                (I) shall be deemed to meet the
                                requirements of subsection (a).
                            ``(ii) Exception for certain transfer.--In
                        the case of a depository institution that
                        transfers a loan originated by that institution
                        to another depository institution by reason of
                        the bankruptcy or failure of the originating
                        depository institution or the purchase of the
                        originating depository institution, the
                        depository institution acquiring the loan shall
                        be deemed to have complied with the requirement
                        under clause (i)(I).''.

SEC. 5. EXEMPTION FROM VOLCKER RULE.

    Section 13(h)(1) of the Bank Holding Company Act of 1956 (12 U.S.C.
1851(h)(1)) is amended--
            (1) in subparagraph (D), by redesignating clauses (i) and
        (ii) as subclauses (I) and (II), respectively;
            (2) by redesignating subparagraphs (A) through (D) as
        clauses (i) through (iv), respectively;
            (3) by striking ``institution that functions solely in a
        trust or fiduciary capacity, if--'' and inserting the
        following: ``institution--
                    ``(A) that functions solely in a trust or fiduciary
                capacity, if--''; and
            (4) in clause (iv)(II), as redesignated, by striking the
        period at the end and inserting the following: ``; or
                    ``(B) with total consolidated assets of
                $10,000,000,000 or less.''.

SEC. 6. NO WAIT FOR LOWER MORTGAGE RATES.

    (a) In General.--Section 129(b) of the Truth in Lending Act (15
U.S.C. 1639(b)) is amended--
            (1) by redesignating paragraph (3) as paragraph (4); and
            (2) by inserting after paragraph (2) the following:
            ``(3) No wait for lower rate.--If a creditor extends to a
        consumer a second offer of credit with a lower annual
        percentage rate, the transaction may be consummated without
        regard to the period specified in paragraph (1).''.
    (b) Safe Harbor for Good Faith Compliance With TILA-RESPA
Integrated Disclosure Rule.--Section 1032(f) of the Consumer Financial
Protection Act of 2010 (12 U.S.C. 5532(f)) is amended--
            (1) by striking ``Not later than'' and inserting the
        following:
            ``(1) In general.--Not later than''; and
            (2) by adding at the end the following:
            ``(2) Safe harbor for good faith compliance.--
                    ``(A) Safe harbor.--Notwithstanding any other
                provision of law, during the period described in
                subparagraph (B), an entity that provides the
                disclosures required under the Truth in Lending Act (15
                U.S.C. 1601 et seq.) and sections 4 and 5 of the Real
                Estate Settlement Procedures Act of 1974 (12 U.S.C.
                2603 and 2604), as in effect on July 31, 2017, shall
                not be subject to any civil, criminal, or
                administrative action or penalty for failure to fully
                comply with any requirement under this subsection.
                    ``(B) Applicable period.--Subparagraph (A) shall
                apply to an entity during the period beginning on the
                date of enactment of this paragraph and ending on the
                date that is 30 days after the date on which a
                certification by the Director that the model
                disclosures required under paragraph (1) are accurate
                and in compliance with all State laws is published in
                the Federal Register.''.

Output: Community Lending Enhancement and Regulatory Relief Act of 2017 or the CLEAR Relief Act of 2017 This bill amends the Sarbanes-Oxley Act of 2002 to exempt from specified reporting and attestation requirements a community bank with assets of $1 billion or less. The bill amends the Truth in Lending Act to exempt from certain escrow requirements and residential mortgage loan standards a residential mortgage loan held by a depository institution with assets of $10 billion or less. The bill further amends that Act, as well as the Consumer Protection Act of 2010, to exempt certain creditors from specified disclosure requirements. In addition, the bill amends the Bank Holding Company Act of 1956 to exempt from the Volcker Rule a depository institution with assets of $10 billion or less. (The Volcker Rule prohibits banking agencies from engaging in proprietary trading or entering into certain relationships with hedge funds and private-equity funds.)


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Portfolio Lending and Mortgage
Access Act''.

SEC. 2. MINIMUM STANDARDS FOR RESIDENTIAL MORTGAGE LOANS.

    Section 129C(b) of the Truth in Lending Act (15 U.S.C. 1639c(b)) is
amended by adding at the end the following:
            ``(4) Safe harbor.--
                    ``(A) In general.--A residential mortgage loan
                shall be deemed a qualified mortgage loan for purposes
                of this subsection if the loan--
                            ``(i) is originated by, and continuously
                        retained in the portfolio of, a covered
                        institution;
                            ``(ii) is in compliance with the
                        limitations with respect to prepayment
                        penalties described in subsections (c)(1) and
                        (c)(3);
                            ``(iii) is in compliance with the
                        requirements related to points and fees under
                        paragraph (2)(A)(vii);
                            ``(iv) does not have negative amortization
                        terms or interest-only terms; and
                            ``(v) is a loan for which the covered
                        institution considers, documents, and verifies
                        the debt, income, and financial resources of
                        the consumer in accordance with subparagraph
                        (C).
                    ``(B) Exception for certain transfers.--
                Subparagraph (A) shall not apply to a residential
                mortgage loan if the legal title to such residential
                mortgage loan is sold, assigned, or otherwise
                transferred to another person unless the legal title to
                such residential mortgage loan is sold, assigned, or
                otherwise transferred--
                            ``(i) to another person by reason of the
                        bankruptcy or failure of the covered
                        institution that originated such loan;
                            ``(ii) to an insured depository institution
                        or insured credit union that has less than
                        $10,000,000,000 in total consolidated assets on
                        the date of such sale, assignment, or transfer,
                        if the loan is retained in portfolio by such
                        insured depository institution or insured
                        credit union;
                            ``(iii) pursuant to a merger of the covered
                        institution that originated such loan with
                        another person or the acquisition of a the
                        covered institution that originated such loan
                        by another person or of another person by a
                        covered institution, if the loan is retained in
                        portfolio by the person to whom the loan is
                        sold, assigned, or otherwise transferred; or
                            ``(iv) to a wholly owned subsidiary of the
                        covered institution that originated such loan
                        if the loan is considered to be an asset of
                        such covered institution for regulatory
                        accounting purposes.
                    ``(C) Consideration and documentation
                requirements.--The consideration and documentation
                requirements described in subparagraph (A)(v) shall--
                            ``(i) not be construed to require
                        compliance with, or documentation in accordance
                        with, appendix Q to part 1026 of title 12, Code
                        of Federal Regulations, or any successor
                        regulation; and
                            ``(ii) be construed to permit multiple
                        methods of documentation.
                    ``(D) Definitions.--In this paragraph--
                            ``(i) the term `covered institution' means
                        an insured depository institution or an insured
                        credit union that, together with its
                        affiliates, has less than $10,000,000,000 in
                        total consolidated assets on the date on the
                        origination of a residential mortgage loan;
                            ``(ii) the term `insured credit union' has
                        the meaning given the term in section 101 of
                        the Federal Credit Union Act (12 U.S.C. 1752);
                            ``(iii) the term `insured depository
                        institution' has the meaning given the term in
                        section 3 of the Federal Deposit Insurance Act
                        (12 U.S.C. 1813);
                            ``(iv) the term `interest-only term' means
                        a term of a residential mortgage loan that
                        allows one or more of the periodic payments
                        made under the loan to be applied solely to
                        accrued interest and not to the principal of
                        the loan; and
                            ``(v) the term `negative amortization term'
                        means a term of a residential mortgage loan
                        under which the payment of periodic payments
                        will result in an increase in the principal of
                        the loan.''.

            Passed the House of Representatives March 6, 2018.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.

Output: Portfolio Lending and Mortgage Access Act (Sec. 2) This bill amends the Truth in Lending Act to allow a depository institution or credit union with assets below a specified threshold to forgo certain ability-to-pay requirements regarding residential mortgage loans. Specifically, those requirements are waived if a loan: (1) is originated by and continuously retained by the institution, (2) complies with requirements regarding prepayment penalties and points and fees, and (3) does not have negative amortization or interest-only terms. Furthermore, for such requirements to be waived, the institution must consider and verify the debt, income, and financial resources of the consumer. The bill also provides for circumstances in which such requirements shall be waived with respect to a loan that is transferred: (1) by reason of bankruptcy or failure of the originating institution, (2) to a similar institution, (3) in the event of a merger, or (4) to a wholly owned subsidiary of the institution.


Input:
SECTION 1. IMPORTATION OF PRESCRIPTION DRUGS.

    (a) In General.--Chapter VIII of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 381 et seq.) is amended by striking section 804
and inserting the following:

``SEC. 804. IMPORTATION OF PRESCRIPTION DRUGS.

    ``(a) Definitions.--In this section:
            ``(1) Importer.--The term `importer' means a pharmacist or
        wholesaler.
            ``(2) Pharmacist.--The term `pharmacist' means a person
        licensed by a State to practice pharmacy, including the
        dispensing and selling of prescription drugs.
            ``(3) Prescription drug.--The term `prescription drug'
        means a drug subject to section 503(b), other than--
                    ``(A) a controlled substance (as defined in section
                102 of the Controlled Substances Act (21 U.S.C. 802));
                    ``(B) a biological product (as defined in section
                351 of the Public Health Service Act (42 U.S.C. 262));
                    ``(C) an infused drug (including a peritoneal
                dialysis solution);
                    ``(D) an intravenously injected drug;
                    ``(E) a drug that is inhaled during surgery; or
                    ``(F) a drug which is a parenteral drug, the
                importation of which pursuant to subsection (b) is
                determined by the Secretary to pose a threat to the
                public health, in which case section 801(d)(1) shall
                continue to apply.
            ``(4) Qualifying laboratory.--The term `qualifying
        laboratory' means a laboratory in the United States that has
        been approved by the Secretary for the purposes of this
        section.
            ``(5) Wholesaler.--
                    ``(A) In general.--The term `wholesaler' means a
                person licensed as a wholesaler or distributor of
                prescription drugs in the United States under section
                503(e)(2)(A).
                    ``(B) Exclusion.--The term `wholesaler' does not
                include a person authorized to import drugs under
                section 801(d)(1).
    ``(b) Regulations.--The Secretary, after consultation with the
United States Trade Representative and the Commissioner of Customs,
shall promulgate regulations permitting pharmacists and wholesalers to
import prescription drugs from Canada into the United States.
    ``(c) Limitation.--The regulations under subsection (b) shall--
            ``(1) require that safeguards be in place to ensure that
        each prescription drug imported under the regulations complies
        with section 505 (including with respect to being safe and
        effective for the intended use of the prescription drug), with
        sections 501 and 502, and with other applicable requirements of
        this Act;
            ``(2) require that an importer of a prescription drug under
        the regulations comply with subsections (d)(1) and (e); and
            ``(3) contain any additional provisions determined by the
        Secretary to be appropriate as a safeguard to protect the
        public health or as a means to facilitate the importation of
        prescription drugs.
    ``(d) Information and Records.--
            ``(1) In general.--The regulations under subsection (b)
        shall require an importer of a prescription drug under
        subsection (b) to submit to the Secretary the following
        information and documentation:
                    ``(A) The name and quantity of the active
                ingredient of the prescription drug.
                    ``(B) A description of the dosage form of the
                prescription drug.
                    ``(C) The date on which the prescription drug is
                shipped.
                    ``(D) The quantity of the prescription drug that is
                shipped.
                    ``(E) The point of origin and destination of the
                prescription drug.
                    ``(F) The price paid by the importer for the
                prescription drug.
                    ``(G) Documentation from the foreign seller
                specifying--
                            ``(i) the original source of the
                        prescription drug; and
                            ``(ii) the quantity of each lot of the
                        prescription drug originally received by the
                        seller from that source.
                    ``(H) The lot or control number assigned to the
                prescription drug by the manufacturer of the
                prescription drug.
                    ``(I) The name, address, telephone number, and
                professional license number (if any) of the importer.
                    ``(J)(i) In the case of a prescription drug that is
                shipped directly from the first foreign recipient of
                the prescription drug from the manufacturer:
                            ``(I) Documentation demonstrating that the
                        prescription drug was received by the recipient
                        from the manufacturer and subsequently shipped
                        by the first foreign recipient to the importer.
                            ``(II) Documentation of the quantity of
                        each lot of the prescription drug received by
                        the first foreign recipient demonstrating that
                        the quantity being imported into the United
                        States is not more than the quantity that was
                        received by the first foreign recipient.
                            ``(III)(aa) In the case of an initial
                        imported shipment, documentation demonstrating
                        that each batch of the prescription drug in the
                        shipment was statistically sampled and tested
                        for authenticity and degradation.
                            ``(bb) In the case of any subsequent
                        shipment, documentation demonstrating that a
                        statistically valid sample of the shipment was
                        tested for authenticity and degradation.
                    ``(ii) In the case of a prescription drug that is
                not shipped directly from the first foreign recipient
                of the prescription drug from the manufacturer,
                documentation demonstrating that each batch in each
                shipment offered for importation into the United States
                was statistically sampled and tested for authenticity
                and degradation.
                    ``(K) Certification from the importer or
                manufacturer of the prescription drug that the
                prescription drug--
                            ``(i) is approved for marketing in the
                        United States and is not adulterated or
                        misbranded; and
                            ``(ii) meets all labeling requirements
                        under this Act.
                    ``(L) Laboratory records, including complete data
                derived from all tests necessary to ensure that the
                prescription drug is in compliance with established
                specifications and standards.
                    ``(M) Documentation demonstrating that the testing
                required by subparagraphs (J) and (L) was conducted at
                a qualifying laboratory.
                    ``(N) Any other information that the Secretary
                determines is necessary to ensure the protection of the
                public health.
            ``(2) Maintenance by the secretary.--The Secretary shall
        maintain information and documentation submitted under
        paragraph (1) for such period of time as the Secretary
        determines to be necessary.
    ``(e) Testing.--The regulations under subsection (b) shall
require--
            ``(1) that testing described in subparagraphs (J) and (L)
        of subsection (d)(1) be conducted by the importer or by the
        manufacturer of the prescription drug at a qualified
        laboratory;
            ``(2) if the tests are conducted by the importer--
                    ``(A) that information needed to--
                            ``(i) authenticate the prescription drug
                        being tested; and
                            ``(ii) confirm that the labeling of the
                        prescription drug complies with labeling
                        requirements under this Act;
                be supplied by the manufacturer of the prescription
                drug to the pharmacist or wholesaler; and
                    ``(B) that the information supplied under
                subparagraph (A) be kept in strict confidence and used
                only for purposes of testing or otherwise complying
                with this Act; and
            ``(3) may include such additional provisions as the
        Secretary determines to be appropriate to provide for the
        protection of trade secrets and commercial or financial
        information that is privileged or confidential.
    ``(f) Registration of Foreign Sellers.--Any establishment within
Canada engaged in the distribution of a prescription drug that is
imported or offered for importation into the United States shall
register with the Secretary the name and place of business of the
establishment and the name of the United States agent for the
establishment.
    ``(g) Suspension of Importation.--The Secretary shall require that
importations of a specific prescription drug or importations by a
specific importer under subsection (b) be immediately suspended on
discovery of a pattern of importation of that specific prescription
drug or by that specific importer of drugs that are counterfeit or in
violation of any requirement under this section, until an investigation
is completed and the Secretary determines that the public is adequately
protected from counterfeit and violative prescription drugs being
imported under subsection (b).
    ``(h) Approved Labeling.--The manufacturer of a prescription drug
shall provide an importer written authorization for the importer to
use, at no cost, the approved labeling for the prescription drug.
    ``(i) Charitable Contributions.--Notwithstanding any other
provision of this section, section 801(d)(1) continues to apply to a
prescription drug that is donated or otherwise supplied at no charge by
the manufacturer of the drug to a charitable or humanitarian
organization (including the United Nations and affiliates) or to a
government of a foreign country.
    ``(j) Waiver Authority for Importation by Individuals.--
            ``(1) Declarations.--Congress declares that in the
        enforcement against individuals of the prohibition of
        importation of prescription drugs and devices, the Secretary
        should--
                    ``(A) focus enforcement on cases in which the
                importation by an individual poses a significant threat
                to public health; and
                    ``(B) exercise discretion to permit individuals to
                make such importations in circumstances in which--
                            ``(i) the importation is clearly for
                        personal use; and
                            ``(ii) the prescription drug or device
                        imported does not appear to present an
                        unreasonable risk to the individual.
            ``(2) Waiver authority.--
                    ``(A) In general.--The Secretary may grant to
                individuals, by regulation or on a case-by-case basis,
                a waiver of the prohibition of importation of a
                prescription drug or device or class of prescription
                drugs or devices, under such conditions as the
                Secretary determines to be appropriate.
                    ``(B) Guidance on case-by-case waivers.--The
                Secretary shall publish, and update as necessary,
                guidance that accurately describes circumstances in
                which the Secretary will consistently grant waivers on
                a case-by-case basis under subparagraph (A), so that
                individuals may know with the greatest practicable
                degree of certainty whether a particular importation
                for personal use will be permitted.
            ``(3) Drugs imported from canada.--In particular, the
        Secretary shall by regulation grant individuals a waiver to
        permit individuals to import into the United States a
        prescription drug that--
                    ``(A) is imported from a licensed pharmacy for
                personal use by an individual, not for resale, in
                quantities that do not exceed a 90-day supply;
                    ``(B) is accompanied by a copy of a valid
                prescription;
                    ``(C) is imported from Canada, from a seller
                registered with the Secretary;
                    ``(D) is a prescription drug approved by the
                Secretary under chapter V;
                    ``(E) is in the form of a final finished dosage
                that was manufactured in an establishment registered
                under section 510; and
                    ``(F) is imported under such other conditions as
                the Secretary determines to be necessary to ensure
                public safety.
    ``(k) Construction.--Nothing in this section limits the authority
of the Secretary relating to the importation of prescription drugs,
other than with respect to section 801(d)(1) as provided in this
section.
    ``(l) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.''.
    (b) Conforming Amendments.--The Federal Food, Drug, and Cosmetic
Act is amended--
            (

Output:
Amends the Federal Food, Drug, and Cosmetic Act to direct the Secretary of Health and Human Services to promulgate regulations permitting pharmacists and wholesalers to import prescription drugs from Canada into the United States. Sets forth specified provisions respecting: (1) importer and foreign seller recordkeeping and information requirements; (2) qualified laboratory drug testing; (3) registration with the Secretary of Canadian sellers; and (4) approved labeling.

Declares that the Secretary should: (1) focus enforcement on cases in which individual importation poses a significant public health threat; and (2) exercise discretion to permit individuals to make such importation for non-risk personal use.

Authorizes the Secretary to grant individuals a waiver of the prohibition of importation of a prescription drug or device. Directs the Secretary to grant individuals a waiver of such prohibition for an approved prescription drug imported from Canada that is: (1) imported from a licensed pharmacy for not more than 90-day personal use; (2) accompanied by a valid prescription; (3) in a final finished dosage that was manufactured in a registered establishment; and (4) imported under such other conditions as the Secretary determines necessary to ensure public safety.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Lance Corporal Jose Gutierrez Act of
2008''.

SEC. 2. FACILITATING NATURALIZATION FOR MILITARY PERSONNEL.

    (a) In General.--Any person who served honorably as a member of the
Armed Forces in support of contingency operations (as defined in
section 101(a)(13) of title 10, United States Code) shall be eligible
for naturalization pursuant to section 329 of the Immigration and
Nationality Act (8 U.S.C. 1440) as if the person had served during a
period designated by the President under such section 329.
    (b) Naturalization Through Service in the Armed Forces of the
United States.--Section 328 of the Immigration and Nationality Act (8
U.S.C. 1439) is amended--
            (1) in subsection (a), by striking ``six months'' and
        inserting ``one year'';
            (2) by striking subsection (c);
            (3) in subsection (d), by striking ``six months'' and
        inserting ``one year''; and
            (4) by redesignating subsections (d), (e), and (f) as
        subsections (c), (d), and (e), respectively.

SEC. 3. FACILITATING REMOVAL OF CONDITIONAL STATUS FOR MILITARY
              PERSONNEL AND THEIR FAMILIES.

    (a) Period for Filing Petition.--Section 216(d)(2) of the
Immigration and Nationality Act (8 U.S.C. 1186a(d)(2)) is amended--
            (1) in subparagraph (A), by striking ``subparagraph (B),''
        and inserting ``subparagraphs (B) and (D),''; and
            (2) by adding at the end the following:
                    ``(D) Filing of petitions during military
                service.--In the case of an alien who is serving as a
                member of the Selected Reserve of the Ready Reserve or
                in an active-duty status in the military, air, or naval
                forces of the United States during the 90-day period
                described in subparagraph (A), the alien may file the
                petition under subsection (c)(1)(A) during the 6-month
                period beginning on the date on which the alien is
                discharged from such service.''.
    (b) Requirements of Timely Petition and Interview for Removal of
Condition.--Section 216(c)(1)(B) of the Immigration and Nationality Act
(8 U.S.C. 1186a(a)(1)) is amended by inserting ``or serving in the
Armed Forces at the time of the interview'' after ``deceased''.

SEC. 4. FACTORS TO CONSIDER IN INITIATING REMOVAL PROCEEDINGS AGAINST
              ACTIVE DUTY MILITARY PERSONNEL OR VETERANS.

    Section 239 of the Immigration and Nationality Act (8 U.S.C. 1229a)
is amended by adding at the end the following:
    ``(f)(1) A notice to appear shall not be issued against an alien
who served honorably at any time in the Armed Forces of the United
States, and who, if separated from such service, separated under
honorable conditions, without prior approval from the Director of the
United States Citizenship and Immigration Services or the Assistant
Secretary of Homeland Security for U.S. Immigration and Customs
Enforcement.
    ``(2) In determining whether to issue a notice to appear against
such an alien, the Director or the Assistant Secretary shall consider
the alien's eligibility for naturalization under section 328 or 329, as
well as the alien's record of military service, grounds of
deportability applicable to the alien, and any hardship to the Armed
Services, the alien, and his or her family if the alien were to be
placed in removal proceedings.
    ``(3) An alien who served honorably at any time in the Armed Forces
of the United States, and who, if separated from such service,
separated under honorable conditions, shall not be removed from the
United States under subparagraph (A)(i) or (B)(iii) of section
235(b)(1), section 238, or section 241(a)(5).''.

SEC. 5. DISCRETIONARY RELIEF FOR ACTIVE DUTY MILITARY PERSONNEL,
              VETERANS, AND FAMILY MEMBERS IN REMOVAL PROCEEDINGS.

    (a) Grounds of Inadmissibility.--Section 212 of the Immigration and
Nationality Act (8 U.S.C. 1182) is amended by inserting after
subsection (b) the following:
    ``(c) Military Service Personnel and Family Members.--
            ``(1) In general.--With respect to an alien who served
        honorably at any time in the Armed Forces of the United States,
        and who, if separated from such service, separated under
        honorable conditions, or an alien who is the spouse, child,
        son, daughter, parent, or minor sibling of a member serving in
        the Armed Forces of the United States--
                    ``(A) paragraphs (4), (5), (6)(A), (7)(A), and
                (9)(B) of subsection (a) shall not apply;
                    ``(B) the Secretary of Homeland Security, or the
                Attorney General, shall not waive--
                            ``(i) subsection (a)(2)(B), if the alien
                        actually was incarcerated for 5 years or more
                        for the offenses described in such subsection;
                            ``(ii) subparagraph (C), (D), (G), or (H)
                        of subsection (a)(2);
                            ``(iii) subparagraph (A), (B), (C), (E), or
                        (F) of subsection (a)(3);
                            ``(iv) subsection (a)(6)(E);
                            ``(v) subparagraph (A) or (C) of subsection
                        (a)(10); or
                            ``(vi) subsection (a)(10)(D), if the alien
                        has received a conviction, award, compromise,
                        settlement, or injunction for an offense
                        described in clause (i) of such subsection, and
                        if the court finds that the alien did not
                        reasonably believe at the time such violation
                        that the alien was a citizen; and
                    ``(C) the Secretary of Homeland Security, or the
                Attorney General, may waive any other provision of
                subsection (a).
            ``(2) Waiver factors.--In making a determination under
        paragraph (1)(C), the following factors may be considered:
                    ``(A) The grounds of inadmissibility applicable to
                the alien.
                    ``(B) The alien's service in the United States
                military, or the degree to which the alien's removal
                would affect a close family member who is serving or
                has served in the Armed Forces.
                    ``(C) The length of time the alien has lived in the
                United States.
                    ``(D) The degree to which the alien would be
                impacted by his or her removal from the United States.
                    ``(E) The existence of close family ties within the
                United States.
                    ``(F) The degree to which the alien's removal would
                adversely affect the alien's United States citizen, or
                lawful permanent resident, parents, spouses, children,
                sons, daughters, or siblings.
                    ``(G) The alien's history of employment in the
                United States, including whether the alien has been
                self-employed or has owned a business.
                    ``(H) The degree to which the alien's removal would
                adversely affect the alien's United States employer or
                business.
                    ``(I) The degree to which the alien has ties to the
                alien's community in the United States or has
                contributed to the Nation through community, volunteer,
                or other activities.''.
    (b) Grounds of Deportability.--Section 237 of the Immigration and
Nationality Act (8 U.S.C. 1227) is amended by adding at the end the
following:
    ``(d) Military Service Personnel and Family Members.--
            ``(1) In general.--With respect to an alien who served
        honorably at any time in the Armed Forces of the United States,
        and who, if separated from such service, separated under
        honorable conditions, or an alien who is the spouse, child,
        son, daughter, parent, or minor sibling of a member serving in
        the Armed Forces of the United States--
                    ``(A) paragraphs (1)(D), (3)(A), and (5) of
                subsection (a) shall not apply;
                    ``(B) the Secretary of Homeland Security, or the
                Attorney General, shall not waive--
                            ``(i) subsection (a)(1)(E);
                            ``(ii) subsection (a)(2)(A)(ii), if the
                        alien actually was incarcerated for 5 years or
                        more for the offenses described in such
                        subsection;
                            ``(iii) subsection (a)(2)(A)(iii), if the
                        aggravated felony involved was an offense
                        described in subparagraph (A), (B), (C), (D),
                        (E)(i), (H), (I), (K)(i), (K)(ii), (K)(iii),
                        (L)(i), (L)(ii), (L)(iii), (M)(ii), (R), (S),
                        or (U) of section 101(a)(43);
                            ``(iv) clause (iv) or (v) of subsection
                        (a)(2)(A);
                            ``(v) clause (i) or (ii) of subsection
                        (a)(2)(D);
                            ``(vi) subsection (a)(2)(D)(iii), if the
                        offense is a violation of the Trading With the
                        Enemy Act;
                            ``(vii) subsection (a)(2)(D)(iv), if the
                        offense is a violation of section 278;
                            ``(viii) subparagraph (A), (B), (C)(i),
                        (D), or (E) of subsection (a)(4); or
                            ``(ix) subsection (a)(6)(A), if the alien
                        has received a conviction, award, compromise,
                        settlement, or injunction for an offense
                        described in such subsection, and if the court
                        finds that the alien did not reasonably believe
                        at the time such violation that the alien was a
                        citizen; and
                    ``(C) the Secretary of Homeland Security, or the
                Attorney General, may waive any other provision of
                subsection (a).
            ``(2) Waiver factors.--In making a determination under
        paragraph (1)(C), the following factors may be considered:
                    ``(A) The grounds of deportability applicable to
                the alien.
                    ``(B) The alien's service in the United States
                military, or the degree to which the alien's removal
                would affect a close family member who is serving or
                has served in the Armed Forces.
                    ``(C) The length of time the alien has lived in the
                United States.
                    ``(D) The degree to which the alien would be
                impacted by his or her removal from the United States.
                    ``(E) The existence of close family ties within the
                United States.
                    ``(F) The degree to which the alien's removal would
                adversely affect the alien's United States citizen, or
                lawful permanent resident, parents, spouses, children,
                sons, daughters, or siblings.
                    ``(G) The alien's history of employment in the
                United States, including whether the alien has been
                self-employed or has owned a business.
                    ``(H) The degree to which the alien's removal would
                adversely affect the aliens United States employer or
                business.
                    ``(I) The degree to which the alien has ties to the
                alien's community in the United States or has
                contributed to the Nation through community, volunteer,
                or other activities.''.

SEC. 6. TIMELY REUNIFICATION OF MILITARY PERSONNEL AND THEIR NUCLEAR
              FAMILIES.

    Section 201(b)(1) of the Immigration and Nationality Act (8 U.S.C.
1151(b)(1)) is amended by adding at the end the following:
            ``(F) Aliens who are eligible for an immigrant visa under
        paragraph (2)(A) of section 203(a) and are either the spouse or
        child of an alien who is serving in the Armed Forces of the
        United States.''.

SEC. 7. RELIEF FOR IMMEDIATE FAMILY MEMBERS OF ACTIVE DUTY PERSONNEL.

    (a) In General.--The Secretary of Homeland Security shall adjust
the status of an alien described in subsection (b) to that of an alien
lawfully admitted for permanent residence if the alien--
            (1) applies for such adjustment, and is physically present
        in the United States on the date the application is filed;
            (2) is admissible to the United States as an immigrant,
        except as provided in subsection (d); and
            (3) pays a fee, as determined by the Secretary, for the
        processing of such application.
    (b) Eligible Aliens.--
            (1) In general.--The benefits provided in subsection (a)
        shall apply only to an alien who is a parent, spouse, child,
        son or daughter, or minor sibling of an eligible member of the
        Armed Forces, as defined in subsection (c).
            (2) Posthumous benefits.--An alien described in paragraph
        (1) shall continue to be eligible for adjustment under this
        section for 2 years after the death of an eligible member of
        the Armed Forces whose death was the result of injury or
        disease incurred in or aggravated by his or her service in the
        Armed Forces.
    (c) Eligible Members of the Armed Forces.--In this section,
``eligible member of the Armed Forces'' means any person who--
            (1) is serving or has served honorably as a member of the
        Selected Reserve of the Ready Reserve or in an active-duty
        status in the military, air, or naval forces of the United
        States during a period beginning February 28, 1961, and ending
        on a date designated by the President by Executive order as of
        the date of termination of the Vietnam hostilities, or
        thereafter during any other period which the President by
        Executive order shall designate as a period in which Armed
        Forces of the United States are or were engaged in military
        operations involving armed conflict with a hostile foreign
        force; and
            (2) if separated from the service described in paragraph
        (1), was separated under honorable conditions.
    (d) Waiver of Certain Grounds of Inadmissibility.--For the purpose
of adjustment of status under this section:
            (1) Paragraphs (4), (5), (6)(A), (7)(A), and (9)(B) of
        section 212(a) of the Immigration and Nationality Act (8 U.S.C.
        1182(a)) shall not apply.
            (2) The Secretary of Homeland Security, or the Attorney
        General, shall not waive the following provisions of section
        212 of the Immigration and Nationality Act (8 U.S.C. 1182):
                    (A) Subsection (a)(2)(B), if the alien actually was
                incarcerated for 5 years or more for the offenses
                described in such subsection.
                    (B) Subparagraph (C), (D), (G), or (H) of
                subsection (a)(2).
                    (C) Subparagraph (A), (B), (C), (E), or (F) of
                subsection (a)(3).
                    (D) Subsection (a)(6)(E).
                    (E) Subparagraph (A) or (C) of subsection (a)(10).
                    (F) Subsection (a)(10)(D), if the alien has
                received a conviction, award, compromise, settlement,
                or injunction for an offense described in clause (i) of
                such subsection, and if the court finds that the alien
                did not reasonably believe at the time such violation
                that the alien was a citizen.
            (3) The Secretary of Homeland Security, or the Attorney
        General, may waive any other provision of section 212(a) of the
        Immigration and Nationality Act (8 U.S.C. 1182(a)) for
        humanitarian purposes, to assure family unity, or when it is
        otherwise in the public interest.

Output:
Lance Corporal Jose Gutierrez Act of 2008 - (Sec. 2) States that any person who served honorably as a member of the U.S. Armed Forces (Armed Forces) in support of contingency operations shall be eligible for naturalization as if the person had served during a period of presidentially-designated military hostilities.

Amends the Immigration and Nationality Act to extend the period for filing a naturalization application to one year after completion of eligible military service.

(Sec. 3) Permits a conditional permanent resident alien who is a member of the Selected Reserve or an active-duty member of the Armed Forces to file the petition to remove conditional status during the six month period after service discharge.

Exempts a U.S. citizen soldier who is married to a conditional permanent residents from having to appear at an in-person interview for their spouses' removal of conditional status.

(Sec. 4) Sets forth factors to be considered in initiating removal proceedings against active duty members of the Armed Forces or veterans.

(Sec. 5) Prohibits removal of an alien who is a member or veteran of the Armed Forces based upon: (1) illegal reentry; (2) expedited removal for commission of certain crimes; or (3) inspection for admissions or asylum.

Exempts from specified grounds of inadmissibility or deportation an alien who is: (1) a member of the Armed Forces who has served honorably; (2) a veteran of the Armed Forces who separated under honorable conditions; (3) the spouse, child, son, daughter, parent, or minor sibling of a member of the Armed Forces.

Authorizes the Secretary of Homeland Security or the Attorney General to waive other grounds (with specified exceptions) for such removal. Sets forth waiver factors.

(Sec. 6) Exempts from worldwide immigrant visa numerical limitations an alien who is eligible for a family-sponsored immigrant visa and is either the spouse or child of a permanent resident alien who is serving in the Armed Forces.

(Sec. 7) Directs the Secretary to adjust to permanent resident status an alien who is a parent, spouse, child, son or daughter, or minor sibling of a person who is serving or has served in the Armed Forces honorably during the period beginning February 28, 1961, and ending on a date presidentially-designated as the date of termination of the Vietnam hostilities, or thereafter during any presidentially-designated period of military hostilities.

Permits posthumous benefits under specified circumstances. Waives certain grounds of inadmissibility.