Input:
SECTION 1. SHORT TITLES.

    This Act may be cited as the ``Sustaining our Most Advanced
Researchers and Technology Jobs Act of 2012'' or the ``SMART Jobs
Act''.

SEC. 2. DEFINITION OF STEM FIELD.

    Section 101(a) of the Immigration and Nationality Act (8 U.S.C.
1101(a)) is amended by inserting after paragraph (36) the following new
paragraph:
            ``(36A) The term `STEM field' means a field of study or
        occupation included on the most recent STEM-designated Degree
        Program List published by the Department of Homeland Security
        referred to in section 214.2(f)(11)(C)(2) of title 8, Code of
        Federal Regulations (or similar successor regulation).''.

SEC. 3. VISAS FOR GRADUATE STUDENTS IN MATHEMATICS, ENGINEERING,
              TECHNOLOGY, OR THE PHYSICAL SCIENCES.

    (a) New STEM Nonimmigrant Visa Category.--Section 101(a)(15)(F) of
the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(F)) is
amended--
            (1) in clause (i)--
                    (A) by inserting ``(except for a graduate program
                described in clause (iv))'' after ``full course of
                study'';
                    (B) by striking ``214(l)'' and inserting
                ``214(m)''; and
                    (C) by striking the comma at the end and inserting
                a semicolon;
            (2) in clause (ii)--
                    (A) by inserting ``or clause (iv)'' after ``clause
                (i)''; and
                    (B) by striking ``, and'' and inserting a
                semicolon;
            (3) in clause (iii), by adding ``and'' at the end; and
            (4) by adding at the end the following:
                    ``(iv) an alien described in clause (i) who has
                been accepted and plans to attend an accredited
                graduate program in a STEM field at an institution of
                higher education (as defined in section 101 of the
                Higher Education Act of 1965 (20 U.S.C. 1001)) for the
                purpose of obtaining an advanced degree;''.
    (b) Requirements for Obtaining an F-4 Visa.--Section 214(m) of the
Immigration and Nationality Act (8 U.S.C. 1184(m)) is amended--
            (1) by striking the matter preceding paragraph (1) and
        inserting the following:
    ``(m) Nonimmigrant Elementary, Secondary, and Post-Secondary School
Students.--''; and
            (2) by adding at the end the following:
    ``(3)(A) An alien who obtains the status of a nonimmigrant under
section 101(a)(15)(F)(iv) shall demonstrate an intent to--
            ``(i) return to the country of residence of such alien
        immediately after the completion or termination of the graduate
        program qualifying such alien for such status; or
            ``(ii) obtain employment in the United States in a STEM
        field and become a permanent resident of the United States upon
        the completion of the graduate program, which was the basis for
        such nonimmigrant status.
    ``(B) A visa issued to an alien under section 101(a)(15)(F)(iv)
shall be valid--
            ``(i) during the intended period of study in a graduate
        program described in such section;
            ``(ii) for an additional period, not to exceed 1 year
        beyond the completion of the graduate program, if the alien is
        actively pursuing an offer of employment in a STEM field; and
            ``(iii) for an additional period, not to exceed 6 months,
        while the alien's application for adjustment of status under
        section 245(i)(4) is pending.
    ``(C) An alien shall qualify for adjustment of status to that of a
person admitted for permanent residence if the alien--
            ``(i) has the status of a nonimmigrant under section
        101(a)(15)(F)(iv);
            ``(ii) has successfully earned an advanced degree in a STEM
        field at an institution of higher education (as defined in
        section 101 of the Higher Education Act of 1965 (20 U.S.C.
        1001)); and
            ``(iii) is employed full-time in the United States in a
        position in a STEM field.''.
    (c) Adjustment of Status.--Section 245(i) of the Immigration and
Nationality Act (8 U.S.C. 1255(i)) is amended by adding at the end the
following:
    ``(4) The Secretary of Homeland Security may adjust the status of
an alien who meets the requirements under section 214(m)(3) to that of
an alien lawfully admitted for permanent residence if the alien--
            ``(A) makes an application for such adjustment;
            ``(B) is eligible to receive an immigrant visa;
            ``(C) is admissible to the United States for permanent
        residence; and
            ``(D) remits a fee in an amount to be determined by the
        Secretary.''.
    (d) Use of Fees.--
            (1) Job training; scholarships.--Section 286(s)(1) of the
        Immigration and Nationality Act (8 U.S.C. 1356(s)(1)) is
        amended by inserting ``and 80 percent of the fees collected
        under section 245(i)(4)'' before the period at the end.
            (2) Fraud prevention and detection.--Section 286(v)(1) of
        the Immigration and Nationality Act (8 U.S.C. 1356(v)(1)) is
        amended by inserting ``and 20 percent of the fees collected
        under section 245(i)(4)'' before the period at the end.

SEC. 4. ALIENS NOT SUBJECT TO NUMERICAL LIMITATIONS ON EMPLOYMENT-BASED
              IMMIGRANTS.

    (a) In General.--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 have earned an advanced degree in a STEM
        field and have been working in a STEM field in the United
        States under a nonimmigrant visa during the 3-year period
        preceding their application for an immigrant visa under section
        203(b).''.
    (b) Applicability.--The amendments made by subsection (a) shall
apply to any visa application--
            (1) pending on the date of the enactment of this Act; or
            (2) filed on or after such date of enactment.

SEC. 5. ANNUAL REPORT ON STEM NONIMMIGRANT VISAS.

    (a) Requirement for Report.--The Secretary of Homeland Security
shall submit to Congress an annual report on the nonimmigrant visas
granted pursuant to clause (iv) of section 101(a)(15)(F) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(F)), as added by
section 3(a).
    (b) Content.--Each report required by subsection (a) shall include
the following:
            (1) The number of nonimmigrant visas granted during the
        previous year pursuant to clause (iv) of section 101(a)(15)(F)
        of the Immigration and Nationality Act, as added by section
        3(a).
            (2) The countries of origin of the aliens granted
        nonimmigrant visas pursuant to such clause (iv).
            (3) The number of degrees granted to such aliens and the
        fields of such degrees.
            (4) A description of the employers of such aliens.

Output:
Sustaining our Most Advanced Researchers and Technology Jobs Act of 2012 or the SMART Jobs Act - Amends the Immigration and Nationality Act to establish an F-4 nonimmigrant visa for an alien who has been accepted and plans to attend an accredited graduate program for a degree in a STEM field (science, technology, engineering, mathematics) at an institution of higher education in the United States.

Requires an F-4 alien to demonstrate an intent to: (1) return to his or her country of residence upon completion or termination of such qualifying graduate program, or (2) obtain U.S. employment in a STEM field and become a permanent U.S. resident upon completion of the graduate program which was the basis for such nonimmigrant status.

States that an F-4 visa shall be valid: (1) during the intended period of graduate study, (2) for an additional one year period if the alien is pursuing an offer of STEM field employment, and (3) for an additional six month period while the alien's application for permanent resident status adjustment is pending.

States that an alien shall qualify for permanent resident status adjustment if he or she: (1) has F-4 status and has earned an advanced STEM field degree at an institution of higher education, and (2) is employed full-time in the United States in a STEM field position.


Input:
SECTION 1. FINDINGS.

    Congress, through section 126 of the General Provisions for the
U.S. Department of the Interior within appendix C of the Consolidated
Appropriations Act for Fiscal Year 2000, Public Law 106-113, directed
the Secretary of the Interior to designate Midway Atoll as a National
Memorial to the Battle of Midway. In so doing, Congress intended that
Midway Atoll be preserved as a memorial to the honor and courage of
members of the U.S. Armed Forces who participated in the critical
battle that was the turning point of the war in the Pacific during
World War II. The designation was accomplished via Order 3217 by the
Secretary of the Interior on September 13, 2000. Order 3217 designated
the U.S. Fish and Wildlife Service (USFWS) as the agency responsible
for the development of the National Memorial.
    In reviewing the performance of the USFWS in exercising its
responsibilities with regard to Midway Atoll and the National Memorial
thereon, the Senate has made the following findings:
            (1) The intent of Congress in directing that Midway Atoll
        be designated as a National Memorial to the Battle of Midway
        has not been properly implemented by the USFWS.
            (2) Matters of historic preservation and military history
        have been subjugated to those of the Midway Atoll National
        Wildlife Refuge, without proper balance.
            (3) Public Law 106-113, appendix C, section 126, required
        the Secretary of the Interior to consult with the International
        Midway Memorial Foundation on the management of the National
        Memorial. The Secretary has failed to do so.
            (4) The airfield on Midway Atoll is an important asset for
        the military and civilian aircraft as an emergency airfield for
        refueling and emergencies in the northern Pacific. It is
        important that the airfield be maintained in a functional
        state.
            (5) From 1996 to 2002, the USFWS had a cooperative
        relationship with a private contractor under which the
        contractor provided logistical support at Midway Atoll,
        including operation and maintenance of the airfield, at no cost
        to the Federal Government.
            (6) Apparently because of the restrictive policies of the
        USFWS, the cooperative relationship with the private contractor
        has been terminated. Currently, the Federal Government is
        paying approximately $8 million annually to maintain Midway
        Atoll. This includes only minimal availability of the airfield.
        All commercial flights have been halted. There is no longer
        effective public access to Midway, rendering virtually
        meaningless the designation of Midway Atoll as a National
        Memorial. Infrastructure support has been significantly
        reduced.
            (7) It is important that current and future generations
        have access to those sites associated with the great military
        events in U.S. history. Midway Atoll is one such site. The
        Battle of Midway is widely regarded by historians as the
        turning point of World War II in the Pacific and arguably the
        most pivotal engagement of the entire war. Despite Midway's
        remote location, the Federal Government must do everything in
        its power to permit public access to the site and properly
        commemorate its designation as a National Memorial. To date,
        the Government has done neither.
            (8) Subsequent to the designation of Midway Atoll as a
        National Memorial, neither the Department of the Interior nor
        any other agency of the Federal Government has erected any
        signage, display, a monument or indication of any sort
        whatsoever that Midway has been designated as a National
        Memorial to the Battle of Midway.
            (9) Moreover, USFWS appears to have made no effort on
        Midway Atoll to offer any kind of historical interpretation or
        information on the Battle of Midway and its significance, or to
        document the location and significance of the World War II
        airfield or infrastructure.
            (10) In early February 2003, a spill of approximately
        100,000 gallons of jet fuel occurred at Sand Island on Midway
        Atoll. Although it appears the cause was a corroded piece of
        equipment, at the time of the spill only one contract employee
        was on-site to maintain and manage the fuel farm. The cost of
        cleanup and remediation is estimated at $4.7 million.

SEC. 2. REVIEW OF ADMINISTRATION AND DESIGNATION OF REPLACEMENT AGENCY
              BY SECRETARY OF THE INTERIOR.

    (a) Review.--Upon enactment of this Act, the Secretary of the
Interior shall conduct a review of the administration of Midway Atoll
and the designation of the Atoll as a National Memorial. As part of
such review, the Secretary shall consult with the International Midway
Memorial Foundation and other interested parties. The Secretary shall
report the results of such review to the appropriate committees of the
Senate and House of Representatives.
    (b) Replacement of Administering Agency.--Within 90 days of
enactment of this Act, the Secretary shall designate another agency to
replace the USFWS as administrator of Midway Atoll and developer of the
National Memorial thereon.

SEC. 3. STATUS OF THE NATIONAL MEMORIAL.

    It is the intention of Congress that:
            (1) The National Memorial on Midway Atoll be given equal
        consideration with concerns over the preservation of wildlife
        in all matters related to the administration, development and
        preservation of the Atoll.
            (2) Midway's airport remain in use as an alternative
        emergency site in order to ensure the safety of civilian and
        military aircraft in the northern Pacific region.
            (3) The public continue to have meaningful access to the
        Atoll so as to experience and benefit from its status as both a
        National Memorial to the Battle of Midway and a National
        Wildlife Refuge. The Secretary shall provide for such public
        access in the most cost-effective manner.
            (4) The fact that Midway Atoll is a National Memorial to
        the Battle of Midway be properly displayed on Midway, and that
        appropriate historical documentation be given to those aspects
        of Midway's infrastructure deemed to be of historical
        significance.
            (5) Interested organizations such as the International
        Midway Memorial Foundation shall be consulted on a regular
        basis on matters relating to the National Memorial.

Output:
Directs the Secretary of the Interior to: (1) review and report to the appropriate congressional committees on the administration of Midway Atoll and the designation of the Atoll as a National Memorial; and (2) designate another agency to replace the U.S. Fish and Wildlife Service as administrator of Midway Atoll and developer of the Memorial.

Declares the intention of Congress that: (1) the National Memorial on Midway Atoll be given equal consideration with concerns over the preservation of wildlife in all matters related to the administration, development and preservation of the Atoll; (2) Midway's airport remain in use as an alternative emergency site in order to ensure the safety of civilian and military aircraft in the northern Pacific region; and (3) the public continue to have meaningful access to the Atoll so as to experience and benefit from its status as both a National Memorial to the Battle of Midway and a National Wildlife Refuge.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Americans with Disabilities Act
Restoration Act of 2007''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds that--
            (1) in enacting the Americans with Disabilities Act of
        1990, Congress intended that the Act ``establish a clear and
        comprehensive prohibition of discrimination on the basis of
        disability'', and provide broad coverage and vigorous and
        effective remedies without unnecessary and obstructive
        defenses;
            (2) decisions and opinions of the Supreme Court have unduly
        narrowed the broad scope of protection afforded by the
        Americans with Disabilities Act of 1990, eliminating protection
        for a broad range of individuals whom Congress intended to
        protect;
            (3) in enacting the Americans with Disabilities Act of
        1990, Congress recognized that physical and mental impairments
        are natural parts of the human experience that in no way
        diminish a person's right to fully participate in all aspects
        of society, but Congress also recognized that people with
        physical or mental impairments having the talent, skills,
        abilities, and desire to participate in society are frequently
        precluded from doing so because of prejudice, antiquated
        attitudes, or the failure to remove societal and institutional
        barriers;
            (4)(A) Congress modeled the Americans with Disabilities Act
        of 1990 definition of disability on that of section 504 of the
        Rehabilitation Act of 1973 (referred to in this section as
        ``section 504''), which had, prior to the date of enactment of
        the Americans with Disabilities Act of 1990, been construed
        broadly to encompass both actual and perceived limitations, and
        limitations imposed by society; and
            (B) the broad conception of the definition contained in
        section 504 had been underscored by the Supreme Court's
        statement in its decision in School Board of Nassau County v.
        Arline, 480 U.S. 273 (1987), that the definition ``acknowledged
        that society's myths and fears about disability and disease are
        as handicapping as are the physical limitations that flow from
        actual impairment'';
            (5) in adopting, in the Americans with Disabilities Act of
        1990, the concept of disability expressed in section 504,
        Congress understood that adverse action based on a person's
        physical or mental impairment is often unrelated to the
        limitations caused by the impairment itself;
            (6) instead of following congressional expectations that
        the term ``disability'' would be interpreted broadly in the
        Americans with Disabilities Act of 1990, the Supreme Court has
        ruled, in Toyota Motor Manufacturing, Kentucky, Inc. v.
        Williams, 534 U.S. 184 (2002), that the elements of the
        definition ``need to be interpreted strictly to create a
        demanding standard for qualifying as disabled'' and, consistent
        with that view, has narrowed the application of the definition
        in various ways; and
            (7) contrary to explicit congressional intent expressed in
        the committee reports for the Americans with Disabilities Act
        of 1990, the Supreme Court has eliminated from the Act's
        coverage individuals who have mitigated the effects of their
        impairments through the use of such measures as medication and
        assistive devices.
    (b) Purpose.--The purposes of this Act are--
            (1) to effect the Americans with Disabilities Act of 1990's
        objectives of providing ``a clear and comprehensive national
        mandate for the elimination of discrimination'' and ``clear,
        strong, consistent, enforceable standards addressing
        discrimination'' by restoring the broad scope of protection
        available under the Americans with Disabilities Act of 1990;
            (2) to respond to certain decisions of the Supreme Court,
        including Sutton v. United Air Lines, Inc., 527 U.S. 471
        (1999), Murphy v. United Parcel Service, Inc., 527 U.S. 516
        (1999), Albertson's, Inc. v. Kirkingburg, 527 U.S. 555 (1999),
        and Toyota Motor Manufacturing, Kentucky, Inc. v. Williams, 534
        U.S. 184 (2002), that have narrowed the class of people who can
        invoke the protection from discrimination that the Americans
        with Disabilities Act of 1990 provides; and
            (3) to reinstate the original congressional intent
        regarding the definition of disability in the Americans with
        Disabilities Act of 1990 by clarifying that the protection of
        that Act is available for all individuals who are--
                    (A) subjected to adverse treatment based on an
                actual or perceived impairment, or a record of
                impairment; or
                    (B) adversely affected--
                            (i) by prejudiced attitudes, such as myths,
                        fears, ignorance, or stereotypes concerning
                        disability or particular disabilities; or
                            (ii) by the failure to remove societal and
                        institutional barriers, including
                        communication, transportation, and
                        architectural barriers, or the failure to
                        provide reasonable modifications to policies,
                        practices, and procedures, reasonable
                        accommodations, and auxiliary aids and
                        services.

SEC. 3. FINDINGS IN AMERICANS WITH DISABILITIES ACT OF 1990.

    Section 2(a) of the Americans with Disabilities Act of 1990 (42
U.S.C. 12101(a)) is amended--
            (1) by striking paragraph (1) and inserting the following:
            ``(1)(A) physical and mental disabilities are natural parts
        of the human experience that in no way diminish a person's
        right to fully participate in all aspects of society; and
            ``(B)(i) people with physical or mental disabilities having
        the talent, skills, abilities, and desire to participate in
        society are frequently precluded from doing so because of
        discrimination; and
            ``(ii) other people who have a record of a disability or
        are regarded as having a disability have also been subjected to
        discrimination;''; and
            (2) by striking paragraph (7) and inserting the following:
            ``(7)(A) individuals with disabilities have been subjected
        to a history of purposeful unequal treatment, have had
        restrictions and limitations imposed upon them because of their
        disabilities, and have been relegated to positions of political
        powerlessness in society; and
            ``(B) classifications and selection criteria that exclude
        individuals with disabilities should be strongly disfavored,
        subjected to skeptical and meticulous examination, and
        permitted only for highly compelling reasons, and never on the
        basis of prejudice, myths, irrational fears, ignorance, or
        stereotypes about disability;''.

SEC. 4. DISABILITY DEFINED.

    Section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C.
12102) is amended--
            (1) by striking paragraph (2) and inserting the following:
            ``(2) Disability.--
                    ``(A) In general.--The term `disability' means--
                            ``(i) a physical or mental impairment;
                            ``(ii) a record of a physical or mental
                        impairment; or
                            ``(iii) being regarded as having a physical
                        or mental impairment.
                    ``(B) Rule of construction.--
                            ``(i) Determination of impairment.--The
                        determination of whether an individual has a
                        physical or mental impairment shall be made
                        without regard to--
                                    ``(I) whether the individual uses a
                                mitigating measure;
                                    ``(II) the impact of any mitigating
                                measures the individual may or may not
                                be using;
                                    ``(III) whether any manifestation
                                of the impairment is episodic; or
                                    ``(IV) whether the impairment is in
                                remission or latent.
                            ``(ii) Mitigating measures.--The term
                        `mitigating measure' means any treatment,
                        medication, device, or other measure used to
                        eliminate, mitigate, or compensate for the
                        effect of an impairment, and includes
                        prescription and other medications, personal
                        aids and devices (including assistive
                        technology devices and services), reasonable
                        accommodations, and auxiliary aids and
                        services.''; and
            (2) by redesignating paragraph (3) as paragraph (7) and
        inserting after paragraph (2) the following:
            ``(3) Mental impairment.--The term `mental', used with
        respect to an impairment, means any mental or psychological
        disorder such as mental retardation, organic brain syndrome,
        emotional or mental illness, or specific learning disability.
            ``(4) Physical impairment.--The term `physical', used with
        respect to an impairment, means any physiological disorder or
        condition, cosmetic disfigurement, or anatomical loss affecting
        1 or more of the following body systems:
                    ``(A) Neurological.
                    ``(B) Musculoskeletal.
                    ``(C) Special sense organs.
                    ``(D) Respiratory, including speech organs.
                    ``(E) Cardiovascular.
                    ``(F) Reproductive.
                    ``(G) Digestive.
                    ``(H) Genitourinary.
                    ``(I) Hemic and lymphatic.
                    ``(J) Skin.
                    ``(K) Endocrine.
            ``(5) Record of a physical or mental impairment.--The term
        `record of a physical or mental impairment' means a history of,
        or a misclassification as having, a physical or mental
        impairment.
            ``(6) Regarded as having a physical or mental impairment.--
        The term `regarded as having a physical or mental impairment'
        means perceived or treated as having a physical or mental
        impairment, whether or not the individual involved has an
        impairment.''.

SEC. 5. ADVERSE ACTION.

    The Americans with Disabilities Act of 1990 is amended by inserting
after section 3 (42 U.S.C. 12102) the following:

``SEC. 4. ADVERSE ACTION.

    ``An adverse action taken by an entity covered under this Act
against an individual because of that individual's use of a mitigating
measure or because of a side effect or other consequence of the use of
such a measure shall constitute discrimination under this Act.''.

SEC. 6. DISCRIMINATION ON THE BASIS OF DISABILITY.

    Section 102 of the Americans with Disabilities Act of 1990 (42
U.S.C. 12112) is amended--
            (1) in subsection (a), by striking ``against a qualified
        individual with a disability because of the disability of such
        individual'' and inserting ``against an individual on the basis
        of disability''; and
            (2) in subsection (b), in the matter preceding paragraph
        (1), by striking the term ``discriminate'' and inserting
        ``discriminate against an individual on the basis of
        disability''.

SEC. 7. QUALIFIED INDIVIDUAL.

    Section 103(a) of the Americans with Disabilities Act of 1990 (42
U.S.C. 2113(a)) is amended by striking ``that an alleged'' and
inserting ``that--
            ``(1) the individual alleging discrimination under this
        title is not a qualified individual with a disability; or
            ``(2) an alleged''.

SEC. 8. RULE OF CONSTRUCTION.

    Section 501 of the Americans with Disabilities Act of 1990 (42
U.S.C. 12201) is amended by adding at the end the following:
    ``(e) Broad Construction.--In order to ensure that this Act
achieves the purpose of providing a comprehensive prohibition of
discrimination on the basis of disability and to advance the remedial
purpose of this Act, the provisions of this Act shall be broadly
construed.
    ``(f) Regulations.--
            ``(1) In general.--Not later than 180 days after the date
        of enactment of the Americans with Disabilities Act Restoration
        Act of 2007--
                    ``(A) the Attorney General, the Equal Employment
                Opportunity Commission, and the Secretary of
                Transportation shall issue regulations described in
                sections 106, 204, 223, 229, 244, and 306, as
                appropriate, including regulations that implement
                sections 3 and 4, to carry out the corresponding
                provisions of this Act, as this Act is amended by the
                Americans with Disabilities Act Restoration Act of
                2007; and
                    ``(B) the Architectural and Transportation Barriers
                Compliance Board shall issue supplementary guidelines
                described in section 504, to supplement the existing
                Minimum Guidelines and Requirements for Accessible
                Design for purposes of titles II and III of this Act,
                as this Act is amended by the Americans with
                Disabilities Act Restoration Act of 2007.
            ``(2) Construction.--Nothing in this subsection shall be
        construed to limit the authority of an officer or agency
        described in paragraph (1) to issue regulations or guidelines
        under any other provision of this Act, other than this
        subsection.
    ``(g) Deference to Regulations and Guidance.--Duly issued Federal
regulations and guidance for the implementation of the Americans with
Disabilities Act of 1990, including provisions implementing and
interpreting the definition of disability, shall be entitled to
deference by administrative agencies or officers, and courts, deciding
an issue in any action brought under this Act.''.

Output:
Americans with Disabilities Act Restoration Act of 2007 - Amends the Americans with Disabilities Act of 1990 to remove from the definition of "disability" a reference to substantially limiting one or more major life activities.

Prohibits, in determining whether an individual has an impairment, considering whether the individual uses a mitigating measure, the impact of any mitigating measures, or whether the impairment is episodic, in remission, or latent. Defines the term "mitigating measure."

Defines "physical" and "mental" (used regarding an impairment), "record of physical or mental impairment," and "regarded as having a physical or mental impairment."

Declares that an adverse action taken because of an individual's use of a mitigating measure constitutes discrimination under the Act.

Prohibits employment discrimination against an individual on the basis of disability (currently, against a qualified individual with a disability because of the disability).

Allows, as a defense to a charge of discrimination, that the individual alleging discrimination is not a qualified individual with a disability.

Requires that the Act's provisions be broadly construed.

Directs the Attorney General, the Equal Employment Opportunity Commission (EEOC), and the Secretary of Transportation to issue regulations to carry out the provisions of this Act.

Requires the Architectural and Transportation Barriers Compliance Board to issue guidelines to supplement the existing Minimum Guidelines and Requirements for Accessible Design.

Entitles duly issued federal regulations and guidance to deference by administrative agencies or officers and courts.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Public Health Emergency Response and
Accountability Act''.

SEC. 2. PUBLIC HEALTH EMERGENCIES.

    (a) In General.--Section 319 of the Public Health Service Act (42
U.S.C. 247d) is amended--
            (1) in subsection (a), by striking ``after consultation''
        and inserting ``in consultation with the Assistant Secretary
        for Preparedness and Response and'';
            (2) by redesignating subsections (b) through (e) as
        subsections (c) through (f), respectively;
            (3) by inserting after subsection (a), the following:
    ``(b) Reporting Requirements.--
            ``(1) In general.--Upon the determination of a public
        health emergency under subsection (a), the Secretary shall
        request the Assistant Secretary for Preparedness and Response
        to convene a group of Federal public health and other Federal
        officials that shall prepare monthly reports related to such
        emergency for the period described in paragraph (3) and submit
        such reports to Congress.
            ``(2) Contents.--The reports prepared under paragraph (1)
        shall include--
                    ``(A) in the first monthly report, the proposed
                budget of the response to the emergency, and, in each
                subsequent report, updates to such budget;
                    ``(B) a description of how the Secretary plans to
                use best practices and lessons learned from previous
                public health emergency responses;
                    ``(C) a description of how collaboration among
                public health agencies and departments will be
                achieved, strategies for public communication, and
                acquisition and distribution of supplies;
                    ``(D) an identification of additional authorities
                needed, if any, to respond to the emergency; and
                    ``(E) in the first monthly report, the
                justification for triggering the public health
                emergency response.
            ``(3) Period.--The period described in this paragraph is
        the period beginning not later than 30 days after the
        determination of a public health emergency under subsection (a)
        and ending 30 days after the determination of the emergency
        terminates in accordance with such subsection.''; and
            (4) in subsection (c) (as so redesignated)--
                    (A) in paragraph (2), by striking ``Committee on
                Commerce'' and inserting ``Committee on Energy and
                Commerce''; and
                    (B) by adding at the end the following:
            ``(3) Funding.--
                    ``(A) Definitions.--In this paragraph:
                            ``(i) Public health emergency relief.--The
                        term `public health emergency relief' means,
                        for the purpose of clause (ii), the
                        expenditures to address a public health
                        emergency determined under subsection (a)
                        from--
                                    ``(I) amounts made available by
                                emergency supplemental appropriations
                                to appropriations accounts of the
                                Department of Health and Human Services
                                to address a public health emergency
                                (excluding funds transferred to the
                                Department from the appropriations
                                account for the `Federal Emergency
                                Management Agency, Disaster Relief
                                Fund' or pursuant to the Oil Pollution
                                Act of 1990); and
                                    ``(II) any amounts expended from
                                the Public Health Emergency Fund under
                                this subsection.
                            ``(ii) Target amount.--The term `target
                        amount' means the amount that is the rolling
                        annual average of expenditures for public
                        health emergency relief over the full 14 fiscal
                        years immediately preceding the fiscal year for
                        which the determination of a public health
                        emergency is made under subsection (a),
                        excluding the highest and lowest years.
                    ``(B) Appropriations.--
                            ``(i) In general.--Subject to clause (iv),
                        upon the determination of each public health
                        emergency under subsection (a), there is
                        appropriated to the Public Health Emergency
                        Fund, out of any money in the Treasury not
                        otherwise appropriated, for the fiscal year of
                        the determination, an amount determined under
                        subparagraph (C), to remain available until
                        expended, which may be used in accordance with
                        subparagraph (D).
                            ``(ii) Reporting.--The reporting
                        requirements contained in subsection (b) shall
                        apply with respect to amounts appropriated
                        under clause (i).
                            ``(iii) Emergency designations.--
                                    ``(I) In general.--Amounts
                                appropriated under clause (i) are
                                designated as an emergency requirement
                                pursuant to section 4(g) of the
                                Statutory Pay-As-You-Go Act of 2010 (2
                                U.S.C. 933(g)).
                                    ``(II) Designation in the senate.--
                                In the Senate, amounts appropriated
                                under clause (i) are designated as an
                                emergency requirement pursuant to
                                section 403(a) of S. Con. Res. 13
                                (111th Congress), the concurrent
                                resolution on the budget for fiscal
                                year 2010.
                            ``(iv) Limitation.--Clause (i) shall not
                        apply if the amount available for expenditure
                        in the Public Health Emergency Fund, as of the
                        date of the determination as a public health
                        emergency under subsection (a), is equal to or
                        greater than the target amount.
                    ``(C) Formula.--
                            ``(i) In general.--Subject to clause (ii),
                        the amount determined under this subparagraph
                        shall be equal to the difference between the
                        target amount and the amount available for
                        expenditure in the Public Health Emergency
                        Fund, as of the date of the determination of
                        the public health emergency under subsection
                        (a).
                            ``(ii) Report by omb.--Not later than 30
                        days after the date of enactment of this
                        paragraph, the Director of the Office of
                        Management and Budget shall submit to the
                        Committee on Appropriations and the Committee
                        on the Budget of the Senate and the Committee
                        on Appropriations and the Committee on the
                        Budget of the House of Representatives, a
                        report on the rolling average calculated for
                        purposes of determining the target amount.
                    ``(D) Use of funds.--
                            ``(i) In general.--Amounts appropriated to
                        the Public Health Emergency Fund under
                        subparagraph (B) shall be used by the Secretary
                        in accordance with the proposed budget
                        described in subsection (b)(2) for any public
                        health emergency determined under subsection
                        (a) that has not terminated under such
                        subsection. Such funds shall be used--
                                    ``(I) to provide assistance for
                                immediate Federal, State, local, or
                                international response needs with
                                respect to any public health emergency
                                determined under subsection (a); and
                                    ``(II) for activities determined
                                appropriate by the Secretary to improve
                                preparedness and response to protect
                                human health for all populations in any
                                public health emergency determined
                                under subsection (a).
                            ``(ii) Availability.--Amounts appropriated
                        to the Public Health Emergency Fund under
                        subparagraph (B) shall remain available for the
                        uses described in this subparagraph so long as
                        any public health emergency is determined under
                        subsection (a) and the determination for any
                        such emergency has not terminated under such
                        subsection.
                            ``(iii) Authority.--In expending funds
                        appropriated under subparagraph (B) and
                        carrying out activities under this
                        subparagraph, the Secretary shall have the
                        authority to--
                                    ``(I) transfer funds and enter into
                                contracts;
                                    ``(II) utilize flexible hiring
                                mechanisms, including direct hiring
                                authority and personal service
                                contracts; exemptions from certain
                                administrative restrictions (such as
                                travel, information technology,
                                printing and supplies); motor vehicle
                                authority; and flexible compensation
                                for responders, including overtime and
                                danger pay; and
                                    ``(III) utilize flexible
                                transaction mechanisms.''.
    (b) Exemption of the Public Health Emergency Fund From
Sequestration.--
            (1) In general.--Section 255(g)(1)(A) of the Balanced
        Budget and Emergency Deficit Control Act of 1985 is amended by
        inserting ``Public Health Emergency Fund (009-91-9913).'' after
        the item relating to ``Postal Service Fund (18-4020-0-3-
        372).''.
            (2) Application.--The amendment made by paragraph (1) shall
        apply to any sequestration order issued under such Act on or
        after the date of enactment of this section.
    (c) GAO Reports.--
            (1) In general.--Not later than 180 days after the date of
        enactment of this Act, the Comptroller General of the United
        States, in consultation with relevant Federal, State, and local
        government entities, shall prepare and submit to the
        appropriate committees of Congress, a report--
                    (A) reviewing the capacity of the United States
                public health system, including the public health
                workforce, to respond effectively to infectious disease
                outbreaks;
                    (B) identifying areas of potential improvement in
                coordination between Federal, State, and local
                government entities to respond more effectively to
                infectious disease outbreaks;
                    (C) making recommendations on how to provide or
                allocate most effectively resources for public health
                emergency response, specifically considering how to
                utilize most effectively the emergency fund established
                under section 319 of the Public Health Service Act (42
                U.S.C. 247d); and
                    (D) containing an audit of how funds for public
                health emergencies have been expended within the 2
                years preceding the date of the report.
            (2) Post-emergency report.--
                    (A) In general.--Not later than 6 months after the
                termination of a determination of a public health
                emergency under section 319 of the Public Health
                Service Act (42 U.S.C. 247d), the Comptroller General
                of the United States shall review response efforts by
                Federal, State, and local government entities, as well
                as any other relevant entities engaged in response
                efforts, and submit a report to the appropriate
                committees of Congress to determine--
                            (i) the compliance of such efforts with
                        best practices identified in the report under
                        paragraph (1);
                            (ii) the effectiveness of such best
                        practices;
                            (iii) the cost of such efforts;
                            (iv) the areas of potential continued
                        improvement in coordination between Federal,
                        State, and local government entities to respond
                        more effectively to infectious disease
                        outbreaks; and
                            (v) how to incorporate additional best
                        practices which may be incorporated in future
                        response efforts.
                    (B) Audit.--The report under subparagraph (A) shall
                include an audit indicating how funds used for public
                health emergencies determined under section 319 of the
                Public Health Service Act have been expended during the
                2 years preceding the submission of the report under
                such subparagraph.

SEC. 3. APPLICABILITY.

    Nothing in this Act, or an amendment made by this Act, shall affect
the applicability of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.) or the Oil Pollution
Act of 1990 (33 U.S.C. 2701 et seq.) in the case of a public health
emergency.

Output: Public Health Emergency Response and Accountability Act This bill requires the Department of Health and Human Services, upon determination of a public health emergency, to provide for the convening of a group of federal officials to prepare monthly reports concerning such matters as funding, collaboration, and best practices. The bill makes appropriations to the Public Health Emergency Fund upon determination of an emergency. Funding is subject to a calculation that compares amounts available in the fund to average public health emergency relief expenditures over preceding fiscal years. The bill amends the Balanced Budget and Emergency Deficit Control Act of 1985 to exempt the fund from sequestration, a process of automatic, usually across-the-board spending reductions under which budgetary resources are permanently cancelled to enforce specific budget policy goals. The Government Accountability Office (GAO) must report on:  the capacity of the public health system to respond effectively to infectious disease outbreaks, the coordination between federal, state, and local government entities when responding to infectious disease outbreaks, the most effective ways to provide or allocate resources for public health emergency response, and  an audit of how funds for public health emergencies have been expended within the last two years.  GAO must also issue a post-emergency report on response efforts by government entities.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Infrastructure Improvement Act of
1997''.

SEC. 2. SPECTRUM AUCTIONS.

    (a) Required Auctions.--To the extent that portions of the public
electromagnetic spectrum allocated for commercial use become available
for licenses and construction during the period consisting of fiscal
years 1998 through 2002, the Federal Communications Commission shall,
during such period, conduct competitive bidding in accordance with
section 309(j) of the Communications Act of 1934 for licenses and
construction permits involving such portions which result in an amount
of proceeds equal to the sum of (1) $26,000,000,000, and (2) the amount
of any offsetting collections referred to in the first sentence of
section 309(j)(8)(B) of such Act. To the extent possible, the
competitive bidding shall be conducted so that proceeds required under
this subsection are obtained in equal amounts during each fiscal year
during such period.
    (b) Treatment of Proceeds.--Notwithstanding section 309(j)(8)(A) of
the Communications Act of 1934, the proceeds from competitive bidding
conducted pursuant to subsection (a) (less any proceeds retained
pursuant to the first sentence of section 309(j)(8)(B) of such section)
shall be deposited in the Infrastructure Improvement Trust Fund
established by section 9512 of the Internal Revenue Code of 1986, as
added by section 3 of this Act. This subsection may not be construed to
apply to any proceeds from competitive bidding conducted pursuant to
subsection (a) in excess of the sum described in subsection (a).

SEC. 3. INFRASTRUCTURE IMPROVEMENT TRUST FUND.

    (a) In General.--Subchapter A of chapter 98 of the Internal Revenue
Code of 1986 (relating to Trust Fund Code) is amended by adding at the
end the following new section:

``SEC. 9512. INFRASTRUCTURE IMPROVEMENT TRUST FUND.

    ``(a) Creation of Trust Fund.--There is established in the Treasury
of the United States a trust fund to be known as the `Infrastructure
Improvement Trust Fund', consisting of such amounts as may be
appropriated or credited to such trust fund as provided in this section
or section 9602(b).
    ``(b) Transfers to Trust Fund.--There are hereby appropriated to
the Infrastructure Improvement Trust Fund amounts equivalent to the
revenues received in the Treasury from the proceeds of competitive
bidding conducted by the Federal Communications Commission pursuant to
section 2(a) of the Infrastructure Improvement Act of 1997.
    ``(c) Expenditures From Trust Fund.--Amounts in the Infrastructure
Improvement Trust Fund shall be available, as provided in the
Infrastructure Improvement Act of 1997, only for purposes of making
expenditures in accordance with section 5 of such Act.''
    (b) Clerical Amendment.--The table of sections for such subchapter
A is amended by adding at the end the following new item:

                              ``Sec. 9512. Infrastructure Improvement
                                        Trust Fund.''

SEC. 4. AVAILABILITY OF AMOUNTS.

    There shall be available to the Secretary of Transportation, out of
the Infrastructure Improvement Trust Fund, for each of fiscal years
1998 through 2002, the amount transferred to the Trust Fund for such
fiscal year pursuant to section 9512 of the Internal Revenue Code of
1986 (plus any amount credited to the account during the preceding
fiscal year pursuant to section 9602(b) of such Code) for carrying out
section 5. Such sums shall remain available until expended.

SEC. 5. INFRASTRUCTURE IMPROVEMENT GRANTS.

    (a) In General.--On October 1 of each of fiscal years 1998 through
2002 (or as soon as possible thereafter), the Secretary of
Transportation, after making the deduction under subsection (b), shall
apportion funds made available by section 4 for such fiscal year among
the States so that the percentage apportioned to each State is equal to
the percentage of estimated tax payments attributable to highway users
in the State paid into the Highway Trust Fund established by section
9503 of the Internal Revenue Code of 1986 in the latest fiscal year for
which data are available. Payments of funds apportioned to a State
under this subsection shall be made in quarterly installments in the
form of grants.
    (b) Deduction.--Whenever an apportionment of funds is made under
subsection (a) or (d), the Secretary may make a deduction in an amount
not to exceed 2 percent of such funds for administering the provisions
of this section.
    (c) Use of Grants.--Funds apportioned to a State under subsection
(a) shall be available only for the construction and maintenance of
highways in the State.
    (d) Submission of Plan.--A State shall be eligible to receive an
apportionment of funds under subsection (a) in a fiscal year only if
the State submits to the Secretary, on or before September 1 of the
preceding fiscal year, a plan describing how the funds will be used.
Amounts which would have been apportioned to a State but for the
requirement of this subsection shall be reapportioned among the States
in the manner specified for apportionments under subsection (a).
    (e) Applicability of Requirements.--A project carried out on a
Federal-aid highway using funds apportioned under subsection (a) shall
be subject to the same requirements as would have applied to the
project if the project had been carried out under title 23, United
States Code, except to the extent that the Secretary determines that
any requirement of such title is not consistent with the objectives of
this section.
    (f) Federal Share.--The Federal share payable on account of any
project or activity carried out using funds apportioned under
subsection (a) shall be 80 percent of the cost of the project or
activity.
    (g) Definitions.--As used in this section, the terms
``construction'', ``Federal-aid highway'', and ``highway'' have the
meanings given such terms by section 101(a) of title 23, United States
Code.

Output:
Infrastructure Improvement Act of 1997 - Directs the Federal Communications Commission to conduct competitive bidding for licenses and permits for portions of the public electromagnetic spectrum allocated for commercial use that become available for licenses and construction during FY 1998 through 2002 and that result in specified proceeds.
Requires such proceeds to be deposited into the Infrastructure Improvement Trust Fund established by this Act.  Makes such funds available to the Secretary of Transportation to be apportioned among the States during FY 1998 through 2002 based on the percentage of estimated tax payments attributable to highway users in a State paid into the Highway Trust Fund for the latest fiscal year.  Permits such funds to be used only for the construction and maintenance of State highways.  Allows a State to be eligible for such funds only if it submits annually to the Secretary a plan describing its use of such funds.
Requires a Federal share of 80 percent of the total cost of a project or activity conducted using funds apportioned under this Act.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Alcohol Ingredient Labeling Act of
1996''.

SEC. 2. LABELING.

    Section 403 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
343) is amended by adding at the end the following:
    ``(t)(1) If it is a malt beverage (including malt liquor or malt
cooler), wine (including wine cooler or fortified wine), distilled
spirit (including distilled spirit cooler), or any other beverage,
over-the-counter medication, or similar product containing more than
\1/2\ percent alcohol by volume unless it bears a label which--
            ``(A) discloses in a nonpromotional manner the alcoholic
        content by volume,
            ``(B) discloses the number of drinks it contains rounded to
        the nearest quarter drink,
            ``(C) discloses its ingredients and calories per container
        and per drink,
            ``(D) discloses the common or usual name of each ingredient
        (including additives), and
            ``(E) bears the following statement: `If you or someone you
        know has a drinking problem, a call may be made to (reference
        to a toll-free number established and operated by the
        Secretary) for help'.
    ``(2) For purposes of subparagraph (1):
            ``(A) The term `malt beverage' means a beverage made by the
        alcoholic fermentation of an infusion or decoction, or
        combination of both, in potable brewing water of malted barley
        with hops, or their parts or products, with or without other
        malted cereals, with or without the addition of unmalted or
        prepared cereals, other carbohydrates, or materials prepared,
        with or without the addition of carbon dioxide, and with or
        without other wholesome products suitable for human food
        consumption.
            ``(B) The term `wine' means wine as defined in sections 610
        and 617 of the Revenue Act of 1918 and other alcoholic
        beverages made in the manner of wine, including sparkling and
        carbonated wine, wine made from condensed grape must, wine made
        from other agricultural products than the juice of sound, ripe
        grapes, imitation wine, wine compounds sold as wine, vermouth,
        cider, sherry, and sake if it contains not less than 7 percent
        and not more than 24 percent of alcohol by volume and if for
        nonindustrial use.
            ``(C) The term `distilled spirit' means ethyl alcohol,
        hydrated oxide of ethyl, spirits of wine, whisky, rum, brandy,
        gin, and other distilled spirits, including all dilutions and
        mixtures thereof for nonindustrial use. Such term does not
        include mixtures containing wine, bottled at 48 degrees of
        proof or less if the mixture contains more than 50 percent wine
        on a proof gallon basis.
            ``(D) The term `drink' is a serving of a malt beverage,
        wine, or distilled spirit which contains .6 ounces of alcohol
        by volume.
            ``(E) The term `ingredient' shall not mean incidental or
        trace ingredients.
    ``(3) The Secretary shall by regulation require that the
information required on a container of a malt beverage, wine, or
distilled spirit label by subparagraph (1)--
            ``(A) be located in a conspicuous place on such label,
            ``(B) appear in conspicuous and legible type which is in
        contrast by typography, layout, and color with other printed
        matter and which is of a size no less than one-sixteenth of an
        inch in height,
            ``(C) be displayed horizontally,
            ``(D) be easily legible when the container is held in the
        usual way,
            ``(E) be offset by borders, and
            ``(F) in the case of the requirement of subparagraph
        (1)(B), be stated as a number followed by the word `drinks', be
        contained within a beer mug symbol, and be placed on the front
        of the container.''.

SEC. 3. AUTHORIZATION.

    There is authorized to be appropriated to the Secretary $500,000
for fiscal year 1996 and each succeeding fiscal year to establish and
operate the toll-free number referred to in section 403(s)(1)(E) of the
Federal Food, Drug, and Cosmetic Act (as added by section 1).

SEC. 4. REPORT.

    The Commissioner of the Food and Drug Administration shall submit a
report, within 90 days of the date of the enactment of this Act, on the
effectiveness of the format of the Surgeon General's warning required
by section 204 of the Alcoholic Beverage Labeling Act of 1988 in
combination with the new ingredient information required on beverage
labels by the amendment made by section 2. The Commissioner shall
evaluate the format of such information in terms of its legibility,
placement, and noticeability and in terms of other relevant
characteristics. The report shall make recommendations for improving
such format.

Output: Alcohol Ingredient Labeling Act of 1996 - Amends the Federal Food, Drug, and Cosmetic Act to deem a malt beverage, wine, or distilled spirit mislabeled unless it bears a label disclosing:  (1) the alcoholic content; (2) the number of drinks (defining "drink" as .6 ounces of alcohol); (3) its ingredients and calories; (4) the common name of each ingredient, including additives; and (5) a toll-free number for help with a drinking problem.   Authorizes appropriations for the toll-free number.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Credit Card Reform Act of 2006''.

SEC. 2. PROHIBITION ON UNIVERSAL DEFAULT AND UNILATERAL CHANGES TO
              CARDHOLDER AGREEMENTS.

    Chapter 4 of the Truth in Lending Act (15 U.S.C. 1666 et seq.) is
amended--
            (1) by redesignating section 171 as section 173; and
            (2) by adding at the end the following:
``Sec. 171. Universal defaults prohibited
    ``(a) In General.--No credit card issuer may use any adverse
information concerning any consumer, including any information
contained in any consumer report (as defined in section 603) or any
change in the credit score of the consumer, as the basis for increasing
any annual percentage rate of interest applicable to a credit card
account of the consumer under an open end consumer credit plan, or to
remove or increase any introductory annual percentage rate of interest
applicable to such account.
    ``(b) Exception.--The limitation under subsection (a) shall not
apply to--
            ``(1) a credit card issuer that increases an annual
        percentage rate of interest in accordance with a credit card
        agreement that provides for rate changes according to changes
        in an index or formula; or
            ``(2) the removal or increase in an introductory annual
        percentage rate of interest applicable to the usage or payment
        of such account because of actions or omissions of a consumer
        that are directly related to such account.
    ``(c) Notice to Consumer.--The limitation under subsection (a) on
the use of adverse information by a credit card issuer shall be clearly
and conspicuously described to the consumer by the credit card issuer
in any disclosure or statement required under subsection (a) or (b) of
section 127.
    ``(d) Unilateral Changes in Credit Card Agreement Prohibited.--
            ``(1) In general.--No credit card issuer may amend or
        change the terms of a credit card contract or agreement under
        an open end consumer credit plan, unless the consumer has
        provided specific written consent, in a separate document
        signed or initialed by the consumer, to the change or amendment
        of such terms.
            ``(2) Authority to payoff balances.--A cardholder shall
        have the right to repay all existing balances under the terms
        in effect when the balances were incurred.
            ``(3) Construction.--Termination of an account due to
        failure to agree to a change in terms shall not constitute a
        default under an existing cardholder agreement, and shall not
        trigger an obligation to immediately repay the obligation in
        full.''.

SEC. 3. CAP ON FEES CHARGED BY CREDITORS.

    (a) In General.--Chapter 4 of the Truth in Lending Act (15 U.S.C.
1666 et seq.) is amended by adding at the end the following:
``Sec. 172. Limitations on late payment fees and other adverse
              consequences
    ``(a) In General.--If a late payment fee is to be imposed with
respect to a credit card account under an open end consumer credit plan
due to the failure of the consumer to make payment on or before a
required payment due date, the credit card issuer shall state clearly
and conspicuously on the billing statement--
            ``(1) the date on which the payment must be postmarked, if
        paid by mail, or by the date on which a consumer initiates a
        payment using an electronic fund transfer (as defined under
        section 903 of the Electronic Fund Transfers Act), in order to
        avoid the imposition of a late fee with respect to the payment;
        and
            ``(2) the amount of the late payment fee to be imposed if
        payment is postmarked after such date.
    ``(b) Limitation.--No card issuer may, with respect to a credit
card account under an open end consumer credit plan, impose a late
payment fee, raise the annual percentage rate on the credit card
account for late payment, or impose other adverse consequences for late
payment if the cardholder's payment is postmarked on or before the
required postmark date stated in accordance with subsection (a)(1).
    ``(c) Cap on Fees.--The amount of any fee or charge that a credit
card issuer may impose in connection with any default, omission, or
violation of the cardholder agreement, including any late payment fee,
over the limit fee, increase in the applicable annual percentage rate
of interest, or any similar fee or charge, may not exceed an amount
that is reasonably related to the cost to the card issuer of such
default, omission, violation, or similar event.''.
    (b) Conforming Amendment.--Section 127(b) of the Truth in Lending
Act (15 U.S.C. 1637(b)) is amended by striking paragraph (12).
    (c) Clerical Amendment.--The table of sections for chapter 4 of the
Truth in Lending Act (15 U.S.C. 1666 et seq.) is amended by inserting
after the item relating to section 170 the following new items:

``171.  Universal defaults prohibited.
``172.  Cap on fees.''.

SEC. 4. VERIFICATION OF ABILITY TO PAY CREDIT OBLIGATIONS.

    Section 127 of the Truth in Lending Act (15 U.S.C. 1637) is amended
by adding at the end the following:
    ``(h) Verification of Ability to Pay.--
            ``(1) In general.--A credit card issuer may not open any
        credit card account for any person under an open end consumer
        credit plan, or increase any credit limit applicable to such an
        account, unless the credit card issuer has determined, at the
        time at which the account is opened or the credit limit
        increased, that the consumer will be able to make the scheduled
        payments under the terms of the transaction, based on a
        consideration of their current and expected income, current
        obligations, and employment status.
            ``(2) Regulations.--The Board shall prescribe, by
        regulation, the appropriate formula for determining the ability
        of a consumer to pay and the criteria to be considered in
        making any such determination for purposes of this subsection.
            ``(3) Prohibitions.--The Board, by regulation or order,
        shall prohibit acts or practices in connection with any credit
        card account under an open end consumer credit plan--
                    ``(A) that the Board finds to be unfair, deceptive,
                or designed to evade the provisions of this title; and
                    ``(B) that the Board finds to be associated with
                abusive lending practices, or that are otherwise not in
                the interest of the consumer.''.

SEC. 5. EFFECTIVE DATES.

    The amendments made by this Act shall take effect 6 months after
the date of enactment of this Act, except that the Board shall begin to
propose such regulations as may be appropriate to implement such
amendments on or after the date of enactment of this Act.

Output:
Credit Card Reform Act of 2006 - Amends the Truth in Lending Act to prohibit a credit card issuer from using any adverse information concerning any consumer (including information contained in any consumer report, or any change in the consumer's credit score) as the basis for increasing any annual percentage rate of interest (APR) applicable to a credit card account under an open end consumer credit plan, or from removing or increasing any introductory APR.

Prohibits a credit card issuer, also, from changing the terms of a credit card contract or agreement under an open end consumer credit plan without written consumer consent.

Prohibits a credit card issuer from imposing adverse consequences for late payment if the cardholder's payment is postmarked or initiated by electronic funds transfer on or before the required postmark date in accordance with this Act.

Limits late payment and related fees to an amount reasonably related to the cost to the card issuer of consumer default, omission, or violation of the credit plan agreement.

Requires a credit card issuer to verify, when the account is opened or the credit limit increased, that the consumer will be able to make the scheduled payments based on a consideration of current and expected income, current obligations, and employment status.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Presidential Allowance Modernization
Act''.

SEC. 2. AMENDMENTS.

    (a) Relating to a Former President.--The first section of the Act
entitled ``An Act to provide retirement, clerical assistants, and free
mailing privileges to former Presidents of the United States, and for
other purposes'', approved August 25, 1958 (3 U.S.C. 102 note), is
amended by striking the matter before subsection (e) and inserting the
following:
    ``(a) Each former President shall be entitled for the remainder of
his or her life to receive from the United States--
            ``(1) an annuity at the rate of $200,000 per year, subject
        to subsection (c); and
            ``(2) a monetary allowance at the rate of $200,000 per
        year, subject to subsections (c) and (d).
    ``(b)(1) The annuity and allowance under subsection (a) shall
each--
            ``(A) commence on the day after the individual becomes a
        former President;
            ``(B) terminate on the last day of the month before the
        former President dies; and
            ``(C) be payable by the Secretary of the Treasury on a
        monthly basis.
    ``(2) The annuity and allowance under subsection (a) shall not be
payable for any period during which the former President holds an
appointive or elective position in or under the Federal Government or
the government of the District of Columbia to which is attached a rate
of pay other than a nominal rate.
    ``(c) Effective December 1 of each year, each annuity and allowance
under subsection (a) having a commencement date that precedes such
December 1 shall be increased by the same percentage as the percentage
by which benefit amounts under title II of the Social Security Act (42
U.S.C. 401 and following) are increased, effective as of such December
1, as a result of a determination under section 215(i) of such Act (42
U.S.C. 415(i)).
    ``(d)(1) Notwithstanding any other provision of this section, the
monetary allowance payable under subsection (a)(2) to a former
President for any 12-month period may not exceed the amount by which--
            ``(A) the monetary allowance which (but for this
        subsection) would otherwise be so payable for such 12-month
        period, exceeds (if at all)
            ``(B) the applicable reduction amount for such 12-month
        period.
    ``(2)(A) For purposes of paragraph (1), the `applicable reduction
amount' is, with respect to any former President and in connection with
any 12-month period, the amount by which--
            ``(i) the sum of (I) the adjusted gross income (as defined
        by section 62 of the Internal Revenue Code of 1986) of the
        former President for the last taxable year ending before the
        start of such 12-month period, plus (II) any interest excluded
        from the gross income of the former President under section 103
        of such Code for such taxable year, exceeds (if at all)
            ``(ii) $400,000, subject to subparagraph (C).
    ``(B) In the case of a joint return, subclauses (I) and (II) of
subparagraph (A)(i) shall be applied by taking into account both the
amounts properly allocable to the former President and the amounts
properly allocable to the spouse of the former President.
    ``(C) The dollar amount specified in subparagraph (A)(ii) shall be
adjusted at the same time that, and by the same percentage as the
percentage by which, the monetary allowance of the former President is
increased under subsection (c) (disregarding this subsection).''.
    (b) Relating to the Surviving Spouse of a Former President.--
            (1) Increase in amount of monetary allowance.--Subsection
        (e) of the section amended by subsection (a) is amended--
                    (A) in the first sentence, by striking ``$20,000
                per annum,'' and inserting ``$100,000 per year (subject
                to paragraph (4)),''; and
                    (B) in the second sentence--
                            (i) in paragraph (2), by striking ``and''
                        at the end;
                            (ii) in paragraph (3), by striking the
                        period and inserting ``; and''; and
                            (iii) by adding after paragraph (3) the
                        following:
            ``(4) shall, after its commencement date, be increased at
        the same time that, and by the same percentage as the
        percentage by which, annuities of former Presidents are
        increased under subsection (c).''.
            (2) Coverage of widower of a former president.--Such
        subsection (e), as amended by paragraph (1), is further
        amended--
                    (A) by striking ``widow'' each place it appears and
                inserting ``widow or widower''; and
                    (B) by striking ``she'' and inserting ``she or
                he''.

SEC. 3. RULE OF CONSTRUCTION.

    Nothing in this Act shall be considered to affect--
            (1) any provision of law relating to the security or
        protection of a former President or a member of the family of a
        former President; or
            (2) funding, under the law amended by this section or under
        any other law, to carry out any provision of law described in
        paragraph (1).

SEC. 4. EFFECTIVE DATE; TRANSITION RULES.

    (a) Effective Date.--This Act shall take effect on the date of
enactment of this Act.
    (b) Transition Rules.--
            (1) Former presidents.--In the case of any individual who
        is a former President on the date of enactment of this Act, the
        amendment made by section 2(a) shall be applied as if the
        commencement date referred in subsection (b)(1)(A) of the
        section amended by this Act coincided with such date of
        enactment.
            (2) Widows.--In the case of any individual who is the widow
        of a former President on the date of enactment of this Act, the
        amendments made by section 2(b)(1) shall be applied as if the
        commencement date referred to in subsection (e)(1) of the
        section amended by this Act coincided with such date of
        enactment.

Output: Presidential Allowance Modernization Act - Revises provisions relating to presidential pensions to allow former Presidents an annuity of $200,000 and an additional monetary allowance of $200,000 per year. Reduces such pension by the amount that a President's adjusted gross income in a taxable year exceeds $400,000.   Increases from $20,000 to $100,000 the annual annuity of a surviving spouse of a former President.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Recovery Enhancement for Addiction
Treatment Act'' or the ``TREAT Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Overdoses from opioids have increased dramatically in
        the United States.
            (2) Deaths from drug overdose, largely from prescription
        pain relievers, have tripled among men and increased five-fold
        among women over the past decade.
            (3) Nationwide, drug overdoses now claim more lives than
        car accidents.
            (4) Opioid addiction is a chronic disease that, untreated,
        places a large burden on the healthcare system. Roughly 475,000
        emergency room visits each year are attributable to the misuse
        and abuse of opioid pain medication.
            (5) Effective medication-assisted treatment for opioid
        addiction can decrease overdose deaths, be cost-effective,
        reduce transmissions of HIV and viral hepatitis, and reduce
        other social harms such as criminal activity.
            (6) Effective medication-assisted treatment programs for
        opioid addiction should include multiple components, including
        medications, cognitive and behavioral supports and
        interventions, and drug testing.
            (7) Effective medication-assisted treatment programs for
        opioid addiction may use a team of staff members, in addition
        to a prescribing provider, to deliver comprehensive care.
            (8) Access to medication-assisted treatments, including
        office-based buprenorphine opioid treatment, remains limited in
        part due to current practice regulations and an insufficient
        number of providers.
            (9) More than 10 years of experience in the United States
        with office-based buprenorphine opioid treatment has informed
        best practices for delivering successful, high quality care.

SEC. 3. EXPANSION OF PATIENT LIMITS UNDER WAIVER.

    Section 303(g)(2)(B) of the Controlled Substances Act (21 U.S.C.
823(g)(2)(B)) is amended--
            (1) in clause (i), by striking ``physician'' and inserting
        ``practitioner'';
            (2) in clause (iii)--
                    (A) by striking ``30'' and inserting ``100''; and
                    (B) by striking ``, unless, not sooner'' and all
                that follows through the end and inserting a period;
                and
            (3) by inserting at the end the following new clause:
                    ``(iv) Not earlier than 1 year after the date on
                which a qualifying practitioner obtained an initial
                waiver pursuant to clause (iii), the qualifying
                practitioner may submit a second notification to the
                Secretary of the need and intent of the qualifying
                practitioner to treat an unlimited number of patients,
                if the qualifying practitioner--
                            ``(I)(aa) satisfies the requirements of
                        item (aa), (bb), (cc), or (dd) of subparagraph
                        (G)(ii)(I); and
                            ``(bb) agrees to fully participate in the
                        Prescription Drug Monitoring Program of the
                        State in which the qualifying practitioner is
                        licensed, pursuant to applicable State
                        guidelines; or
                            ``(II)(aa) satisfies the requirements of
                        item (ee), (ff), or (gg) of subparagraph
                        (G)(ii)(I);
                            ``(bb) agrees to fully participate in the
                        Prescription Drug Monitoring Program of the
                        State in which the qualifying practitioner is
                        licensed, pursuant to applicable State
                        guidelines;
                            ``(cc) practices in a qualified practice
                        setting; and
                            ``(dd) has completed not less than 24 hours
                        of training (through classroom situations,
                        seminars at professional society meetings,
                        electronic communications, or otherwise) with
                        respect to the treatment and management of
                        opiate-dependent patients for substance use
                        disorders provided by the American Society of
                        Addiction Medicine, the American Academy of
                        Addiction Psychiatry, the American Medical
                        Association, the American Osteopathic
                        Association, the American Psychiatric
                        Association, or any other organization that the
                        Secretary determines is appropriate for
                        purposes of this subclause.''.

SEC. 4. DEFINITIONS.

    Section 303(g)(2)(G) of the Controlled Substances Act (21 U.S.C.
823(g)(2)(G)) is amended--
            (1) by striking clause (ii) and inserting the following:
                    ``(ii) The term `qualifying practitioner' means the
                following:
                            ``(I) A physician who is licensed under
                        State law and who meets 1 or more of the
                        following conditions:
                                    ``(aa) The physician holds a board
                                certification in addiction psychiatry
                                from the American Board of Medical
                                Specialties.
                                    ``(bb) The physician holds an
                                addiction certification from the
                                American Society of Addiction Medicine.
                                    ``(cc) The physician holds a board
                                certification in addiction medicine
                                from the American Osteopathic
                                Association.
                                    ``(dd) The physician holds a board
                                certification from the American Board
                                of Addiction Medicine.
                                    ``(ee) The physician has completed
                                not less than 8 hours of training
                                (through classroom situations, seminar
                                at professional society meetings,
                                electronic communications, or
                                otherwise) with respect to the
                                treatment and management of opiate-
                                dependent patients for substance use
                                disorders provided by the American
                                Society of Addiction Medicine, the
                                American Academy of Addiction
                                Psychiatry, the American Medical
                                Association, the American Osteopathic
                                Association, the American Psychiatric
                                Association, or any other organization
                                that the Secretary determines is
                                appropriate for purposes of this
                                subclause.
                                    ``(ff) The physician has
                                participated as an investigator in 1 or
                                more clinical trials leading to the
                                approval of a narcotic drug in schedule
                                III, IV, or V for maintenance or
                                detoxification treatment, as
                                demonstrated by a statement submitted
                                to the Secretary by this sponsor of
                                such approved drug.
                                    ``(gg) The physician has such other
                                training or experience as the Secretary
                                determines will demonstrate the ability
                                of the physician to treat and manage
                                opiate-dependent patients.
                            ``(II) A nurse practitioner or physician
                        assistant who is licensed under State law and
                        meets all of the following conditions:
                                    ``(aa) The nurse practitioner or
                                physician assistant is licensed under
                                State law to prescribe schedule III,
                                IV, or V medications for pain.
                                    ``(bb) The nurse practitioner or
                                physician assistant satisfies 1 or more
                                of the following:
                                            ``(AA) Has completed not
                                        fewer than 24 hours of training
                                        (through classroom situations,
                                        seminar at professional society
                                        meetings, electronic
                                        communications, or otherwise)
                                        with respect to the treatment
                                        and management of opiate-
                                        dependent patients for
                                        substance use disorders
                                        provided by the American
                                        Society of Addiction Medicine,
                                        the American Academy of
                                        Addiction Psychiatry, the
                                        American Medical Association,
                                        the American Osteopathic
                                        Association, the American
                                        Psychiatric Association, or any
                                        other organization that the
                                        Secretary determines is
                                        appropriate for purposes of
                                        this subclause.
                                            ``(BB) Has such other
                                        training or experience as the
                                        Secretary determines will
                                        demonstrate the ability of the
                                        nurse practitioner or physician
                                        assistant to treat and manage
                                        opiate-dependent patients.
                                    ``(cc) The nurse practitioner or
                                physician assistant practices under the
                                supervision of a licensed physician who
                                holds an active waiver to prescribe
                                schedule III, IV, or V narcotic
                                medications for opioid addiction
                                therapy, and--
                                            ``(AA) the supervising
                                        physician satisfies the
                                        conditions of item (aa), (bb),
                                        (cc), or (dd) of subclause (I);
                                        or
                                            ``(BB) both the supervising
                                        physician and the nurse
                                        practitioner or physician
                                        assistant practice in a
                                        qualified practice setting.
                            ``(III) A nurse practitioner who is
                        licensed under State law and meets all of the
                        following conditions:
                                    ``(aa) The nurse practitioner is
                                licensed under State law to prescribe
                                schedule III, IV, or V medications for
                                pain.
                                    ``(bb) The nurse practitioner has
                                training or experience that the
                                Secretary determines demonstrates
                                specialization in the ability to treat
                                opiate-dependent patients, such as a
                                certification in addiction specialty
                                accredited by the American Board of
                                Nursing Specialties or the National
                                Commission for Certifying Agencies, or
                                a certification in addiction nursing as
                                a Certified Addiction Registered
                                Nurse--Advanced Practice.
                                    ``(cc) In accordance with State
                                law, the nurse practitioner prescribes
                                opioid addiction therapy in
                                collaboration with a physician who
                                holds an active waiver to prescribe
                                schedule III, IV, or V narcotic
                                medications for opioid addiction
                                therapy.
                                    ``(dd) The nurse practitioner
                                practices in a qualified practice
                                setting.''; and
            (2) by adding at the end the following:
                    ``(iii) The term `qualified practice setting' means
                1 or more of the following treatment settings:
                            ``(I) A National Committee for Quality
                        Assurance-recognized Patient-Centered Medical
                        Home or Patient-Centered Specialty Practice.
                            ``(II) A Centers for Medicaid & Medicare
                        Services-recognized Accountable Care
                        Organization.
                            ``(III) A clinical facility administered by
                        the Department of Veterans Affairs, Department
                        of Defense, or Indian Health Service.
                            ``(IV) A Behavioral Health Home accredited
                        by the Joint Commission.
                            ``(V) A Federally-qualified health center
                        (as defined in section 1905(l)(2)(B) of the
                        Social Security Act (42 U.S.C. 1396d(l)(2)(B)))
                        or a Federally-qualified health center look-
                        alike.
                            ``(VI) A Substance Abuse and Mental Health
                        Services-certified Opioid Treatment Program.
                            ``(VII) A clinical program of a State or
                        Federal jail, prison, or other facility where
                        individuals are incarcerated.
                            ``(VIII) A clinic that demonstrates
                        compliance with the Model Policy on DATA 2000
                        and Treatment of Opioid Addiction in the
                        Medical Office issued by the Federation of
                        State Medical Boards.
                            ``(IX) A treatment setting that is part of
                        an Accreditation Council for Graduate Medical
                        Education, American Association of Colleges of
                        Osteopathic Medicine, or American Osteopathic
                        Association-accredited residency or fellowship
                        training program.
                            ``(X) Any other practice setting approved
                        by a State regulatory board or State Medicaid
                        Plan to provide addiction treatment services.
                            ``(XI) Any other practice setting approved
                        by the Secretary.''.

SEC. 5. GAO EVALUATION.

    Two years after the date on which the first notification under
clause (iv) of section 303(g)(2)(B) of the Controlled Substances Act
(21 U.S.C. 823(g)(2)(B)), as added by this Act, is received by the
Secretary of Health and Human Services, the Comptroller General of the
United States shall initiate an evaluation of the effectiveness of the
amendments made by this Act, which shall include an evaluation of--
            (1) any changes in the availability and use of medication-
        assisted treatment for opioid addiction;
            (2) the quality of medication-assisted treatment programs;
            (3) the integration of medication-assisted treatment with
        routine healthcare services;
            (4) diversion of opioid addiction treatment medication;
            (5) changes in State or local policies and legislation
        relating to opioid addiction treatment;
            (6) the use of nurse practitioners and physician assistants
        who prescribe opioid addiction medication;
            (7) the use of Prescription Drug Monitoring Programs by
        waived practitioners to maximize safety of patient care and
        prevent diversion of opioid addiction medication;
            (8) the findings of Drug Enforcement Agency inspections of
        waived practitioners, including the frequency with which the
        Drug Enforcement Agency finds no documentation of access to
        behavioral health services; and
            (9) the effectiveness of cross-agency collaboration between
        Department of Health and Human Services and the Drug
        Enforcement Agency for expanding effective opioid addiction
        treatment.

Output: Recovery Enhancement for Addiction Treatment Act or the TREAT Act - Amends the Controlled Substances Act to increase the number of patients that a qualifying practitioner dispensing narcotic drugs for maintenance or detoxification treatment is initially allowed to treat from 30 to 100 patients per year.   Allows a qualifying physician, after one year, to request approval to treat an unlimited number of patients under specified conditions, including that he or she: (1) agrees to fully participate in the Prescription Drug Monitoring Program of the state in which the practitioner is licensed, (2) practices in a qualified practice setting, and (3) has completed at least 24 hours of training regarding treatment and management of opiate-dependent patients for substance use disorders provided by specified organizations. Revises the definition of a "qualifying practitioner" to include: (1) a physician who holds a board certification from the American Board of Addiction Medicine; and (2) a nurse practitioner or physicians assistant who is licensed under state law to prescribe schedule III, IV, or V medications for pain, who has specified training or experience that demonstrates specialization in the ability to treat opiate-dependent patients, who practices under the supervision of, or prescribes opioid addiction therapy in collaboration with, a licensed physician who holds an active waiver to prescribe schedule III, IV, or V narcotic medications for opioid addiction therapy, and who practices in a qualified practice setting. Directs the Comptroller General to initiate an evaluation of the effectiveness of this Act, including an evaluation of: (1) changes in the availability and use of medication-assisted treatment for opioid addiction, (2) the quality of medication-assisted treatment programs, (3) diversion of opioid addiction treatment medication, and (4) changes in state or local policies and legislation relating to opioid addiction treatment.