Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Community Lending Enhancement and
Regulatory Relief Act of 2013'' or the ``CLEAR Relief Act of 2013''.

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

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

SEC. 3. CHANGES REQUIRED TO THE SMALL BANK HOLDING COMPANY POLICY
              STATEMENT ON ASSESSMENT OF FINANCIAL AND MANAGERIAL
              FACTORS.

    (a) Definitions.--In this section--
            (1) the term ``bank holding company'' has the same meaning
        as in section 2 of the Bank Holding Company Act of 1956 (12
        U.S.C. 1841);
            (2) the term ``Board'' means the Board of Governors of the
        Federal Reserve System;
            (3) the term ``financial institution'' means--
                    (A) an insured depository institution;
                    (B) a bank holding company;
                    (C) a savings and loan holding company; and
                    (D) a foreign bank subject to the Bank Holding
                Company Act of 1956 (12 U.S.C. 1841 et seq.);
            (4) the term ``insured depository institution'' has the
        same meaning as in section 3 of the Federal Deposit Insurance
        Act (12 U.S.C. 1813); and
            (5) the term ``savings and loan holding company'' has the
        same meaning as in section 10 of the Home Owners' Loan Act (12
        U.S.C. 1467a).
    (b) Federal Reserve Board.--The policy statement of the Board in
the Small Bank Holding Company Statement in part 225 of the appendix to
title 12, Code of Federal Regulations (or any successor thereto), shall
apply to each financial institution that--
            (1) is otherwise subject to that policy statement; and
            (2) has consolidated assets of less than $5,000,000,000.

SEC. 4. ESCROW REQUIREMENTS RELATING TO CERTAIN CONSUMER CREDIT
              TRANSACTIONS.

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

SEC. 5. MINIMUM STANDARDS FOR RESIDENTIAL MORTGAGE LOANS.

    Section 129C(b)(2) of the Truth in Lending Act (15 U.S.C.
1639c(b)(2)) is amended--
            (1) by adding at the end the following:
                    ``(F) Safe harbor.--In this section--
                            ``(i) the term `qualified mortgage'
                        includes any mortgage loan that is originated
                        and retained in portfolio for a period of not
                        less than 3 years by a depository institution
                        having less than $10,000,000,000 in total
                        assets; and
                            ``(ii) loans described in clause (i) shall
                        be deemed to meet the requirements of
                        subsection (a).''; and
            (2) in subparagraph (E)--
                    (A) by striking ``The Bureau may, by regulation,''
                and inserting ``The Bureau shall, by regulation,''; and
                    (B) by striking clause (iv) and inserting the
                following:
                            ``(iv) that is extended by an insured
                        depository institution that--
                                    ``(I) originates and retains the
                                balloon loans in portfolio for a period
                                of not less than 3 years; and
                                    ``(II) together with its affiliates
                                has less than $10,000,000,000 in total
                                consolidated assets.''.

Output: Community Lending Enhancement and Regulatory Relief Act of 2013 or CLEAR Relief Act of 2013 - Amends the Sarbanes-Oxley Act of 2002 to exempt from its rules regarding management assessment of internal controls the following institutions which, as of the end of the preceding fiscal year, had total consolidated assets of $1 billion or less (adjusted annually according to a certain formula): (1) a bank holding company, (2) a savings and loan holding company, or (3) an insured depository institution.  Declares the "Small Bank Holding Company Statement" of the Board of Governors of the Federal Reserve System (Board) applicable to a financial institution that: (1) is otherwise subject to that policy statement, and (2) has consolidated assets of less than $5 billion. Amends the Truth in Lending Act (TILA) to require the Consumer Financial Protection Bureau (CFPB) to exempt from requirements governing escrow or impound accounts affecting certain consumer credit transactions any loans secured by a first lien on the principal dwelling of a consumer, if such loans are held by an insured depository institution having assets of $10 billion or less. Includes as a qualified mortgage, with respect to the presumption that a qualified residential mortgage loan meets certain minimum standards, any mortgage loan originated and retained in portfolio for at least three years by a depository institution having less than $10 billion in total assets. Requires the CFPB (which currently is merely authorized) to provide by regulation that a "qualified mortgage" includes a balloon loan extended by an insured depository institution that: (1) originates and retains balloon loans in portfolio for at least three years, and (2) together with its affiliates has less than $10 billion in total consolidated assets.


Input:
SECTION 1. EXCEPTION FROM PASSIVE LOSS RULES FOR INVESTMENTS IN HIGH
              TECHNOLOGY RESEARCH SMALL BUSINESS PASS-THRU ENTITIES.

    (a) In General.--Subsection (c) of section 469 of the Internal
Revenue Code of 1986 is amended by redesignating paragraphs (4) through
(7) as paragraphs (5) through (8), respectively, and by inserting after
paragraph (3) the following new paragraph:
            ``(4) High technology research activities.--
                    ``(A) In general.--The term `passive activity'
                shall not include any activity of the taxpayer carried
                on by a high technology research small business pass-
                thru entity.
                    ``(B) High technology research small business pass-
                thru entity.--For purposes of this paragraph, the term
                `high technology research small business pass-thru
                entity' means any domestic pass-thru entity for any
                taxable year if--
                            ``(i) either--
                                    ``(I) more than 75 percent of the
                                entity's expenditures (including
                                salaries, rent and overhead) for such
                                taxable year are paid or incurred in
                                connection with qualified research
                                (within the meaning of section
                                41(d)(1)(B) taking into account section
                                41(d)(4) and constituting elements of a
                                process of experimentation for a
                                purpose described in paragraph (3) of
                                section 41(d)), or
                                    ``(II) more than 50 percent of the
                                entity's expenditures for such taxable
                                year constitute qualified research
                                expenses (as defined in section 41(b),
                                but determined without regard to the
                                phrase `65 percent of' in paragraph
                                (3)(A) thereof),
                            ``(ii) such entity is a small business
                        (within the meaning of section 41(b)(3)(D)(iii)
                        applied by substituting `250' for `500' in
                        subclause (I) thereof), and
                            ``(iii) at no time during the taxable year
                        does the entity have aggregate gross assets in
                        excess of $150,000,000.
                    ``(C) Provisions related to aggregate gross assets
                limitation.--For purposes of this paragraph--
                            ``(i) In general.--Except as otherwise
                        provided in this subparagraph, the term
                        `aggregate gross assets' has the meaning given
                        such term in section 1202(d)(2).
                            ``(ii) Exception for certain intangibles.--
                        Any section 197 intangible (as defined in
                        section 197(d) and determined without regard to
                        section 197(e)) which is used directly in
                        connection with the research referred to in
                        subparagraph (B)(i) shall not be taken into
                        account in determining aggregate gross assets.
                            ``(iii) Exception for certain follow-on
                        investments.--Cash from a sale of equity
                        interests shall not be taken into account in
                        determining aggregate gross assets if--
                                    ``(I) the aggregate gross assets of
                                such entity (determined immediately
                                after such sale and without regard to
                                this clause) do not exceed the sum of
                                $150,000,000, plus 25 percent of the
                                aggregate gross assets of such entity
                                (determined immediately before such
                                sale and without regard to this
                                clause), and
                                    ``(II) the aggregate gross assets
                                of such entity (determined immediately
                                before such sale and without regard to
                                this clause) do not exceed
                                $150,000,000.
                        Sales of equity interests which are part of the
                        same plan or arrangement, or which are carried
                        out with the principal purpose of increasing
                        the amount of cash to which this clause applies
                        (determined without regard to this sentence),
                        shall be treated as a single sale for purposes
                        of this clause.
                            ``(iv) Inflation adjustment.--In the case
                        of any taxable year beginning after 2013, the
                        $150,000,000 amount in subparagraph (B)(iii)
                        and subclauses (I) and (II) of clause (iii)
                        shall each be increased by an amount equal to--
                                    ``(I) such dollar amount,
                                multiplied by
                                    ``(II) the cost of living
                                adjustment determined under section
                                1(f)(3) for the calendar year in which
                                the taxable year begins determined by
                                substituting `calendar year 2012' for
                                `calendar year 1992' in subparagraph
                                (B) thereof.
                        Any increase determined under the preceding
                        sentence shall be rounded to the nearest
                        $100,000.
                    ``(D) Capital expenditures taken into account for
                expenditures test.--An expenditure shall not fail to be
                taken into account under subparagraph (B)(i) merely
                because such expenditure is chargeable to capital
                account.
                    ``(E) Pass-thru entity.--For purposes of this
                paragraph, the term `pass-thru entity' means any
                partnership, S corporation, or other entity identified
                by the Secretary as a pass-thru entity for purposes of
                this paragraph.
                    ``(F) Aggregation rules.--All persons treated as a
                single employer under subsection (a) or (b) of section
                52, or subsection (m) or (o) of section 414, shall be
                treated as a single entity for purposes of
                subparagraphs (B) and (C)(iii).
                    ``(G) Activities not engaged in for profit and
                economic substance rules.--Section 183 and the economic
                substance rules of section 7701(o) shall not apply to
                disallow the losses, deductions, and credits of a high
                technology research small business pass-thru entity
                solely as a result of losses incurred by such
                entity.''.
    (b) Material Participation Not Required.--Paragraph (5) of section
469(c) of such Code, as redesignated by subsection (a), is amended by
striking ``and (3)'' in the heading and text and inserting ``, (3), and
(4)''.
    (c) Certain Research-Related Deductions and Credits of High
Technology Research Small Business Pass-Thru Entities Allowed for
Purposes of Determining Alternative Minimum Tax.--
            (1) Deduction for research and experimental expenditures.--
        Paragraph (2) of section 56(b) of such Code is amended by
        adding at the end the following new subparagraph:
                    ``(E) Exception for high technology research small
                business pass-thru entities.--In the case of a high
                technology research small business pass-thru entity (as
                defined in section 469(c)(4)), this paragraph shall not
                apply to any amount allowable as a deduction under
                section 174(a).''.
            (2) Allowance of certain research-related credits.--
        Subparagraph (B) of section 38(c)(4) of such Code is amended by
        redesignating clauses (ii) through (ix) as clauses (iii)
        through (x), respectively, and by inserting after clause (i)
        the following new clause:
                            ``(ii) the credits determined under
                        sections 41 and 48D to the extent attributable
                        to a high technology research small business
                        pass-thru entity (as defined in section
                        469(c)(4)),''.
    (d) Exception to Limitation on Pass-Thru of Research Credit.--
Subsection (g) of section 41 of such Code is amended by adding at the
end the following: ``Paragraphs (2) and (4) shall not apply with
respect to any high technology research small business pass-thru entity
(as defined in section 469(c)(4)).''
    (e) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.

Output: Amends the Internal Revenue Code to exempt from passive loss rules any activity of a taxpayer carried on by a high technology research small business pass-thru entity. Defines "high technology research small business pass-thru entity" as any domestic pass-thru entity that: (1) spends a specified percentage of its income on research, (2) is a small business with 250 or fewer employees, and (3) does not have aggregate gross receipts in excess of $150 million.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fairness in Immigration Litigation
Act of 2006''.

SEC. 2. APPROPRIATE REMEDIES FOR IMMIGRATION LITIGATION.

    (a) Limitation on Civil Actions.--No court may certify an action as
a class action under Rule 23 of the Federal Rules of Civil Procedure in
any civil action filed after the date of the enactment of this Act
pertaining to the administration or enforcement of the immigration laws
of the United States.
    (b) Requirements for Relief.--
            (1) Prospective relief.--
                    (A) In general.--In the case that a court
                determines that prospective relief should be ordered
                against the Government in a civil action with respect
                to the administration or enforcement of the immigration
                laws of the United States, the court may order such
                relief only if the following requirements are met:
                            (i) The court limits the relief to the
                        minimum necessary to correct the violation.
                            (ii) The relief is the least intrusive
                        means necessary to correct the violation.
                            (iii) The court minimizes, to the greatest
                        practical extent, any adverse impact on
                        national security, border security, immigration
                        administration and enforcement, and public
                        safety caused by the relief.
                            (iv) The court provides for the expiration
                        of the relief on a specific date which allows
                        for the minimum practical time needed to remedy
                        the violation.
                    (B) Written explanation required with court
                order.--Each court order granting prospective relief
                shall include in writing an explanation of how the
                relief meets each requirement under subparagraph (A).
                Such explanation must be sufficiently detailed to allow
                review by another court.
            (2) Duration of preliminary injunctive relief.--In the case
        of prospective relief that is preliminary injunctive relief,
        such preliminary injunctive relief shall automatically expire
        on the date that is 90 days after its entry, unless the court
        determines that the relief meets all legal requirements,
        including those under paragraph (1)(A), for the entry of
        prospective relief and makes the order for the prospective
        relief involved final before expiration of the 90-day period.
    (c) Procedure for Motions Affecting Prospective Relief Against the
Government.--
            (1) In general.--A court shall promptly rule on any motion
        by the Government to vacate, modify, dissolve, or otherwise
        terminate an order granting prospective relief in a civil
        action with respect to the administration or enforcement of the
        immigration laws of the United States.
            (2) Automatic stays.--
                    (A) In general.--A motion described in paragraph
                (1), with respect to an order granting prospective
                relief in a civil action described in such paragraph
                shall automatically, and without further order of the
                court, stay the order granting prospective relief
                during the period beginning on the date that is 15 days
                after the date on which such motion is filed and ending
                on the date on which the court enters a final order
                granting or denying the motion.
                    (B) Rule of construction.--A motion described in
                paragraph (1) shall not operate as a stay under
                subparagraph (A) if the court involved enters a final
                order ruling on the motion before the first day of the
                period described in subparagraph (A).
                    (C) Treatment of motions pending for not more than
                45 days on date of enactment.--For purposes of this
                subsection, a motion described in paragraph (1) that
                was filed during the 45-day period before the date of
                the enactment of this Act and for which the court has
                not, as of such date of enactment, entered a final
                order ruling on the motion shall be treated as if the
                motion had been filed on such date of enactment.
                    (D) Treatment of motions pending for more than 45
                days on date of enactment.--For purposes of this
                subsection, a motion described in paragraph (1) that
                was filed more than 45 days before the date of the
                enactment of this Act and for which, as of the date
                that is 10 days after such date of enactment, the court
                involved has not entered a final order granting or
                denying the motion, shall operate as an automatic stay
                of the prospective relief, without further order of the
                court. An automatic stay under this subparagraph shall
                be effective beginning on such date that is 10 days
                after the date of enactment and ending on the date on
                which the court involved enters a final order granting
                or denying the motion. The effective date of an
                automatic stay under this subparagraph may not be
                postponed under paragraph (3).
            (3) Postponement of automatic stays.--The court may, for
        good cause, enter an order to postpone the effective date of an
        automatic stay under paragraph (2). No effective date of an
        automatic stay under paragraph (2) may be postponed for more
        than 15 days.
            (4) Automatic stays during remands from higher courts.--
        Whenever a higher court orders that a decision on a motion
        subject to this section shall be remanded to a lower court, the
        order granting prospective relief that is the subject of the
        motion shall be automatically stayed until the district court
        enters an order granting or denying the motion. The effective
        date of an automatic stay under this subparagraph may not be
        postponed under paragraph (3).
            (5) Orders blocking automatic stays.--Any order staying,
        suspending, delaying, or otherwise barring the effective date
        of an automatic stay under this subsection, other than an order
        to postpone the effective date under paragraph (3), shall be
        treated as an order refusing to vacate, modify, dissolve, or
        otherwise terminate an injunction and immediately shall be
        appealable pursuant to section 1292(a)(1) of title 28, United
        States Code.
            (6) Requirements for order denying motion.--Subsection (b)
        shall apply to an order entered by a court to deny a motion
        described in paragraph (1) in the same manner that such
        subsection applies to a grant of prospective relief under such
        subsection.
    (d) Rules for Prospective Relief Affecting Expedited Removal.--
            (1) In general.--Notwithstanding any other provision of law
        (statutory or nonstatutory), including section 2241 of Title
        28, United States Code, or any other habeas provision, and
        sections 1361 and 1651 of such title, no court has jurisdiction
        to grant or continue an order or part of an order granting
        prospective relief if the order or part of the order interferes
        with, affects, or impacts any determination pursuant to, or the
        implementation of, section 235(b)(1) of the Immigration and
        Nationality Act (8 U.S.C. 1225(b)(1)).
            (2) Determination of continuing jurisdiction.--Upon the
        Government's filing of a motion to vacate, modify, dissolve, or
        otherwise terminate an order granting prospective relief in a
        civil action described in subsection (b)(1)(A), the court
        involved shall promptly determine whether it continues to have
        jurisdiction and shall promptly vacate any order or part of an
        order granting prospective relief that is not within the
        jurisdiction of the court.
            (3) Safe harbor for continuing prospective relief to remedy
        violation of constitutional rights.--Paragraphs (1) and (2)
        shall not apply to an order granting prospective relief in a
        civil action described in subsection (b)(1)(A) to the extent
        that the order was entered before the date of the enactment of
        this Act and the prospective relief is necessary to remedy the
        violation of a right guaranteed by the Constitution of the
        United States.
    (e) Settlements.--
            (1) Consent decrees.--In any civil action with respect to
        the administration or enforcement of the immigration laws of
        the United States, the court involved shall not enter, approve,
        or continue a consent decree unless the decree complies with
        the requirements under clauses (i) through (iv) of subparagraph
        (A) of subsection (b)(1) and includes the written explanation
        required under subparagraph (B) of such subsection.
            (2) Private settlement agreements.--Nothing in this
        subsection shall preclude parties from entering into a private
        settlement agreement that does not comply with the requirements
        under clauses (i) through (iv) of subparagraph (A) of
        subsection (b)(1) or that does not include the written
        explanation required under subparagraph (B) of such subsection.
    (f) Expedited Proceedings.--Each court shall take measures to
advance on the docket and to expedite the disposition of any civil
action described in subsection (b)(1)(A) or motion described in
subsection (c) or (d).
    (g) Definitions.--For purposes of this section:
            (1) Consent decree.--The term ``consent decree'' means any
        relief entered by a court that is based in whole or in part on
        the consent or acquiescence of the parties involved but does
        not include private settlements.
            (2) Good cause.--The term ``good cause'' does not include
        any cause related to discovery or congestion of the court's
        calendar.
            (3) Government.--The term ``Government'' means the United
        States, any Federal department or agency, or any Federal agent
        or official acting within the scope of official duties.
            (4) Permanent relief.--The term ``permanent relief'' means
        relief issued in connection with a final decision of a court.
            (5) Private settlement agreement.--The term ``private
        settlement agreement'' means an agreement entered into among
        the parties involved that is not subject to judicial
        enforcement other than the reinstatement of the civil
        proceedings that the agreement settled.
            (6) Prospective relief.--The term ``prospective relief''
        means temporary, preliminary, or permanent relief other than
        compensatory monetary damages.

SEC. 3. SEVERABILITY.

    If any provision of this Act or the application of such provision
to any person or circumstance is found to be unconstitutional, the
remainder of this Act and the application of the provisions of such
remainder of this Act to any person or circumstance shall not be
affected by such finding.

SEC. 4. EFFECTIVE DATE.

    Except as otherwise provided under section 2(a), the provisions of
this Act shall apply to all orders granting prospective relief entered
by a court before, on, or after the date of the enactment of this Act.

Output:
Fairness in Immigration Litigation Act of 2006 - Prohibits any court from certifying an action as a class action under Rule 23 of the Federal Rules of Civil Procedure in any civil immigration action.

Sets forth the requirements under which a court may order prospective relief in such an action. Provides that preliminary injunctive relief shall expire 90 days after entry unless otherwise determined by the court.

Requires a court to promptly rule on any government motion to vacate, modify, dissolve, or otherwise terminate an order granting prospective relief in a civil immigration action. Provides for an automatic 15-day stay of the prospective relief order. Authorizes a court to enter an order to postpone for up to 15 days the effective date of an automatic stay.

Provides that: (1) whenever a higher court remands a decision on a motion to a lower court the order granting prospective relief that is the subject of the motion shall be automatically stayed until the district court grants or denies such motion; and (2) any order staying, suspending, delaying, or otherwise barring the effective date of an automatic stay, other than an order to postpone the effective date, shall be treated as an order refusing to vacate, modify, dissolve, or otherwise terminate an injunction and shall be appealable.

States that: (1) no court has jurisdiction to grant or continue an order affecting an expedited removal action against an alien; (2) upon the government's filing of a motion to vacate, modify, dissolve, or otherwise terminate an order granting prospective relief in a civil immigration action, the court involved shall determine whether it continues to have jurisdiction and shall vacate any order or part of a relief order that is not within its jurisdiction; and (3) sections (1) and (2) of this paragraph shall not apply to a relief order that was entered before the date of the enactment of this Act to remedy a violation of constitutional rights.

Sets forth consent decree and private settlement agreement provisions.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Eliminate the Magnet for Illegal
Immigration Act of 1997''.

SEC. 2. INCREASE IN INS INVESTIGATORS TO ENFORCE EMPLOYER SANCTIONS.

    (a) In General.--In addition to such amounts as are otherwise
authorized to be appropriated, there are authorized to be appropriated
for each of the fiscal years 1998 and 1999 for hiring, training,
salaries and expenses of personnel of the Immigration and
Naturalization Service such amounts as may be necessary--
            (1) to provide for an increase each year in the number of
        investigators of such Service by 365 full-time equivalent
        investigator positions above the number of such positions
        authorized as of October 1, 1996; and
            (2) to provide such personnel and resources as are
        necessary to assist the additional investigators in the
        enforcement of employer sanctions (as defined in section
        12(1)).
    (b) Duties.--The additional investigators provided for in
subsection (a) shall be assigned to investigate violations of employer
sanctions with priority given to areas where there are high
concentrations of unauthorized aliens (as defined in section 12(4)) who
are employed.

SEC. 3. INCREASE IN DEPARTMENT OF LABOR INVESTIGATORS TO ENFORCE LABOR
              STANDARDS.

    (a) In General.--In addition to such amounts as are otherwise
authorized to be appropriated, there are authorized to be appropriated
for each of the fiscal years 1998 and 1999 for hiring, training,
salaries, and expenses of personnel of the Employment Standards
Administration of the Department of Labor such amounts as may be
necessary--
            (1) to provide for an increase each year in the number of
        investigators of such Administration by 300 full-time
        equivalent investigator positions above the number of such
        positions authorized as of October 1, 1996; and
            (2) to provide such support personnel and resources as are
        necessary to assist the additional investigators in the
        enforcement of labor standards (as defined in section 12(3)).
    (b) Duties.--The additional investigators provided for in
subsection (a) shall be assigned to investigate violations of labor
standards with priority given to areas where there are high
concentrations of unauthorized aliens who are employed.

SEC. 4. INCREASE IN INVESTIGATORS IN OFFICE OF SPECIAL COUNSEL FOR
              IMMIGRATION-RELATED UNFAIR EMPLOYMENT PRACTICES TO
              ENFORCE ANTIDISCRIMINATION PROVISIONS.

    (a) In General.--In addition to such amounts as are otherwise
authorized to be appropriated, there are authorized to be appropriated
for each of the fiscal years 1998 and 1999 for hiring, training,
salaries, and expenses of personnel of the Office of Special Counsel
for Immigration-Related Unfair Employment Practices in the Department
of Justice such amounts as may be necessary--
            (1) to provide for an increase in the number of
        investigators of such Office by 50 full-time equivalent
        investigator positions above the number of such positions
        authorized as of October 1, 1996; and
            (2) to provide such support personnel and resources as are
        necessary to assist the additional investigators in the
        enforcement of immigration-related antidiscrimination
        provisions (as defined in section 12(2)).
    (b) Duties.--The additional investigators provided for in
subsection (a) shall be assigned to investigate and prosecute
violations of immigration-related antidiscrimination provisions.

SEC. 5. SECRETARY OF LABOR AUTHORITY.

    (a) In General.--Title II of the Immigration and Nationality Act is
amended by adding at the end the following new section:

                     ``secretary of labor authority

    ``Sec. 296. (a) Subpoena Authority.--The Secretary of Labor may
issue subpoenas requiring the attendance and testimony of witnesses or
the production of any records, books, papers, or documents in
connection with any investigation or hearing conducted in the
enforcement of any immigration program for which the Secretary of Labor
has been delegated enforcement authority under this title.
    ``(b) Authority in Hearings.--In such a hearing, the Secretary of
Labor may administer oaths, examine witnesses, and receive evidence.
    ``(c) Enforcement for Subpoenas.--In case of contumacy or refusal
to obey a subpoena lawfully issued under this section and upon
application of the Secretary of Labor, an appropriate district court of
the United States may issue an order requiring compliance with such
subpoena and any failure to obey such order may be punished by such
court as a contempt thereof.''.
    (b) Clerical Amendment.--The table of contents of such Act is
amended by inserting after the item relating to section 295 the
following:

``Sec. 296. Secretary of Labor authority.''.

SEC. 6. JOINT TARGETED EFFORTS BY THE INS AND THE DEPARTMENT OF LABOR
              TO INVESTIGATE EMPLOYER SANCTIONS AND LABOR STANDARDS.

    (a) In General.--The Secretary of Labor and the Attorney General
shall establish, not later than 6 months after the date of the
enactment of this Act, programs for the Immigration and Naturalization
Service and Department of Labor to jointly investigate violations of
employer sanctions and labor standards and target areas where there are
high concentrations of unauthorized aliens who are employed.
    (b) Performance Review.--Not later than 1 year after the date the
Secretary of Labor and the Attorney General have established the
programs referred to in subsection (a), they shall assess the programs
and identify the best strategies for targeting industries likely to
violate both employer sanctions and labor standards.

SEC. 7. EMPLOYER EDUCATION.

    The Attorney General, in consultation with the Secretary of Labor,
the Small Business Administrator, and the Commissioner of Internal
Revenue, shall conduct a nationwide program to inform employers about--
            (1) their responsibilities concerning employer sanctions,
        labor standards, and immigration-related antidiscrimination
        provisions and
            (2) the provision of this Act.

SEC. 8. INCREASING CIVIL MONEY PENALTIES FOR HIRING, RECRUITING, AND
              REFERRAL VIOLATIONS.

    (a) In General.--Subparagraph (A) of section 274A(e)(4) of the
Immigration and Nationality Act (8 U.S.C. 1324a(e)(4)) is amended--
            (1) in clause (i), by striking ``$250 and not more than
        $2,000'' and inserting ``$1,000 and not more than $3,000'';
            (2) in clause (ii), by striking ``$2,000 and not more than
        $5,000'' and inserting ``$3,000 and not more than $8,000''; and
            (3) in clause (iii), by striking ``3,000 and not more than
        $10,000'' and inserting ``$10,000 and not more than $25,000''.
    (b) Effective Date.--The amendments made by subsection (a) shall
apply with respect to violations that occur on or after the end of the
6-month period beginning on the date of the enactment of this Act.

SEC. 9. INCREASING PENALTIES FOR REPEATED OR WILLFUL VIOLATIONS OF
              LABOR STANDARDS.

    (a) In General.--Section 274A(h) of the Immigration and Nationality
Act (8 U.S.C. 1324a(h)) is amended by adding at the end the following
new paragraph:
            ``(4) Increased penalties.--In the case of a person or
        entity that has been found through a final administrative
        determination or determination by a court (which finding has
        not been reversed) to have willfully or repeatedly violated one
        or more labor standards with respect to an unauthorized alien
        who is employed, each dollar amount specified in subsections
        (e)(4), (e)(5), and (g)(2) shall be twice the dollar amount
        otherwise specified for violation occurring during the 10-year
        period beginning on the date of such determination.''.
    (b) Conforming Amendments.--Section 274A of such Act (8 U.S.C.
1324a) is amended--
            (1) in paragraphs (4)(A) and (5) of subsection (e), by
        inserting ``(subject to subsection (h)(4))'' after ``in an
        amount''; and
            (2) in subsection (g)(2), by striking ``of $1,000'' and
        inserting ``in an amount (subject to subsection (h)(4)) equal
        to $1,000''.
    (c) Effective Date.--The amendments made by this section shall
apply with respect to violations of employer sanctions that occur on or
after the end of the 6-month period beginning on the date of the
enactment of this Act, but shall not apply to violations of labor
standards occurring before the date of the enactment of this Act.

SEC. 10. INCREASING CIVIL MONEY PENALTIES FOR UNFAIR IMMIGRATION-
              RELATED EMPLOYMENT PRACTICES.

    (a) In General.--Clause (iv) of section 274B(g)(2)(B) of the
Immigration and Nationality Act (8 U.S.C. 1324b(g)(2)(B)) is amended--
            (1) in subclause (I), by striking ``$250 and not more than
        $2,000'' and inserting ``$1,000 and not more than $3,000'';
            (2) in subclause (II), by striking ``$2,000 and not more
        than $5,000'' and inserting ``$3,000 and not more than
        $8,000'';
            (3) in subclause (III), by striking ``3,000 and not more
        than $10,000'' and inserting ``$10,000 and not more than
        $25,000''; and
            (4) in subclause (IV), by striking ``100 and not more than
        $1,000'' and inserting ``$200 and not more than $5,000''.
    (b) Effective Date.--The amendments made by subsection (a) shall
apply with respect to violations that occur on or after the end of the
6-month period beginning on the date of the enactment of this Act.

SEC. 11. IMMIGRATION-RELATED DISCRIMINATION.

    (a) Study.--The Attorney General shall provide for a study on the
effect laws, enacted during and after 1996 and providing for increased
enforcement of employer sanctions, have had on discrimination in the
workplace based on national origin or citizenship.
    (b) Report.--Not later than 2 years after the date of the enactment
of this Act, the Attorney General shall submit to Congress a report on
the study under subsection (a). Such report shall include
recommendations regarding how such discrimination may be prevented.

SEC. 12. DEFINITIONS.

    For purposes of this Act:
            (1) Employer sanctions.--The term ``employer sanctions''
        means the requirements of section 274A of the Immigration and
        Nationality Act (8 U.S.C. 1324a).
            (2) Immigration-related antidiscrimination provisions.--The
        term ``immigration-related antidiscrimination provisions''
        means the provisions of section 274B of the Immigration and
        Nationality Act (8 U.S.C. 1324b).
            (3) Labor standards.--The term ``labor standards'' includes
        requirements of the Fair Labor Standards Act of 1938 (29 U.S.C.
        201 et seq.), the Migrant and Seasonal Agricultural Worker
        Protection Act (29 U.S.C. 1801 et seq.), and the Family and
        Medical Leave Act of 1993 (29 U.S.C 2601 et. seq.).
            (4) Unauthorized alien.--The term ``unauthorized alien''
        has the meaning given such term in section 274A(h)(3) of the
        Immigration and Nationality Act (8 U.S.C. 1324a(h)(3)).

Output:
Eliminate the Magnet for Illegal Immigration Act of 1997 - Authorizes additional appropriations for increases in:  (1) Immigration and Naturalization Service (INS) investigators to enforce employer sanctions; (2) Department of Labor investigators to enforce labor standards; and (3) Office of Special Counsel for Immigration-Related Unfair Employment Practices (Department of Justice) investigators to enforce antidiscrimination provisions.
Amends the Immigration and Nationality Act to grant specified subpoena authority to the Secretary of Labor.
Increases specified penalties for:  (1) hiring, recruiting, and referral violations; (2) labor standards violations; and (3)  unfair immigration-related employment practices.
Provides for joint INS-Department of Labor efforts to investigate violations of employer sanctions and labor standards and target high concentration areas of illegally employed aliens.
Directs the Attorney General to conduct:  (1) a national employer education program; and (2) a study of immigration-related discrimination.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as ``Drive to Stay Alive Act of 2011''.

SEC. 2. WITHHOLDING FEDERAL-AID HIGHWAY FUNDS FOR STATES FAILING TO
              ENACT AND IMPLEMENT LAWS ESTABLISHING PENALTIES FOR USING
              A CELL PHONE WHILE DRIVING WITH A MINOR IN THE VEHICLE.

    (a) In General.--Chapter 4 of title 23, United States Code, is
amended by adding at the end the following:

``SEC. 413. PENALTIES FOR USING A CELL PHONE WHILE DRIVING WITH A MINOR
              IN THE VEHICLE.

    ``(a) Withholding Funds for Noncompliance.--The Secretary shall
withhold 5 percent of the amount required to be apportioned to any
State under each of paragraphs (1), (3), and (4) of section 104(b) on
October 1, 2012, and on October 1 of each year thereafter, if the State
has not enacted and implemented a law that meets the requirements of
subsection (b) by that date.
    ``(b) Requirements.--
            ``(1) Prohibition on cell phone use while driving.--A State
        law meets the requirements of subsection (b) if the law--
                    ``(A) prohibits a driver from using a personal
                wireless communications device to conduct a telephone
                call or text while driving if there is a minor in the
                vehicle;
                    ``(B) makes violation of the law a primary offense;
                    ``(C) establishes--
                            ``(i) minimum fines for a first violation
                        of the law; and
                            ``(ii) increased fines for repeat
                        violations; and
                    ``(D) provides for increased civil and criminal
                penalties than would otherwise apply if a vehicle
                accident is caused by a driver who is using a personal
                wireless communications device in violation of the law.
            ``(2) Permitted exceptions.--A law that meets the
        requirements of paragraphs (1) may provide exceptions for--
                    ``(A) use of a hands-free device that enables a
                driver, other than a driver who is a minor, to
                initiate, conduct, or receive a telephone call without
                holding the hands-free device or the personal wireless
                communications device;
                    ``(B) use of a personal wireless communications
                device by a driver to contact emergency services;
                    ``(C) use of a personal wireless communications
                device by emergency services personnel while operating
                an emergency services vehicle and engaged in the
                performance of their duties as emergency services
                personnel; and
                    ``(D) use of a device by an individual employed as
                a commercial motor vehicle driver, or a school bus
                driver, within the scope of such individual's
                employment if such use is permitted under the
                regulations promulgated pursuant to section 31152 of
                title 49.
    ``(c) Period of Availability; Effect of Compliance and
Noncompliance.--
            ``(1) Period of availability.--Any funds withheld under
        subsection (a) shall remain available until the end of the
        fiscal year for which the funds are authorized to be
        appropriated.
            ``(2) Apportionment of withheld funds after compliance.--
        If, before the last day of the fiscal year for which funds are
        withheld under subsection (a), the State enacts a law that
        meets the requirements of subsection (b), the Secretary shall,
        on the first day on which the State meets the requirements,
        apportion to the State the funds withheld under subsection (a)
        for such State.
            ``(3) Effect of noncompliance.--If, at the end of the
        period for which funds withheld under subsection (a) are
        available for apportionment to a State under paragraph (1), the
        State does not enact and implement a law that meets the
        requirements of subsection (b), the funds shall lapse.
    ``(d) Definitions.--In this section:
            ``(1) Driving.--The term `driving' means operating a motor
        vehicle on a public road, including operation while temporarily
        stationary because of traffic, a traffic light or stop sign, or
        otherwise. It does not include operating a motor vehicle when
        the vehicle has pulled over to the side of, or off, an active
        roadway and has stopped in a location where it can safely
        remain stationary.
            ``(2) Hands-free device.--The term `hands-free device'
        means a device that allows a driver to use a personal wireless
        communications device to initiate, conduct, or receive a
        telephone call without holding the personal wireless
        communications device.
            ``(3) Minor.--The term `minor' means an individual who has
        not attained the age of 18.
            ``(4) Personal wireless communications device.--The term
        `personal wireless communications device' means a device
        through which personal wireless services (as defined in section
        332(c)(7)(C)(i) of the Communications Act of 1934 (47 U.S.C.
        332(c)(7)(C)(i))) are transmitted. It does not include a global
        navigation satellite system receiver used for positioning,
        emergency notification, or navigation purposes.
            ``(5) Primary offense.--The term `primary offense' means an
        offense for which a law enforcement officer may stop a vehicle
        solely for the purpose of issuing a citation in the absence of
        evidence of another offense.
            ``(6) Text.--The term `text' means reading from or manually
        entering data into a personal wireless communications device,
        including doing so for the purpose of SMS texting, e-mailing,
        instant messaging, or engaging in any other form of electronic
        data retrieval or electronic data communication.''.
    (b) Conforming Amendment.--The analysis for chapter 4 of title 23,
United States Code, is amended by adding at the end the following:

``413. Minimum penalties for using a cell phone while driving with a
                            minor in the vehicle.''.

Output:
Drive to Stay Alive Act of 2011 - Requires the Secretary of Transportation (DOT) to withhold 5% of a state's apportionment of certain federal-aid highway funds for FY2012, and each succeeding fiscal year, if the state has not enacted and implemented a law that: (1) prohibits a driver from using a personal wireless communications device (cell phone, but excluding a global navigation satellite system receiver used for positioning, emergency notification, or navigation [GPS]) to call or text while driving when there is a minor in the vehicle, (2) makes violation of the law a primary offense, and (3) establishes certain minimum fines and increased civil and criminal penalties.

Permits laws meeting the requirements of this Act to provide exceptions for driver: (1) use of a hands-free device (other than a driver who is a minor), (2) use of a cell phone in emergency situations, and (3) use of a cell phone by a commercial motor vehicle driver or school bus driver.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Private Property Rights
Implementation Act of 2000''.

SEC. 2. JURISDICTION IN CIVIL RIGHTS CASES.

    Section 1343 of title 28, United States Code, is amended by adding
at the end the following:
    ``(c) Whenever a district court exercises jurisdiction under
subsection (a) in an action in which the operative facts concern the
uses of real property, it shall not abstain from exercising or
relinquish its jurisdiction to a State court in an action in which no
claim of a violation of a State law, right, or privilege is alleged, if
a parallel proceeding in State court arising out of the same operative
facts as the district court proceeding is not pending.
    ``(d) If the district court has jurisdiction over an action under
subsection (a) in which the operative facts concern the uses of real
property and which cannot be decided without resolution of an unsettled
question of State law, the district court may certify the question of
State law to the highest appellate court of that State. After the State
appellate court resolves the question certified to it, the district
court shall proceed with resolving the merits. The district court shall
not certify a question of State law under this subsection unless the
question of State law--
            ``(1) will significantly affect the merits of the injured
        party's Federal claim; and
            ``(2) is patently unclear.
    ``(e)(1) Any claim or action brought under section 1979 of the
Revised Statutes of the United States (42 U.S.C. 1983) to redress the
deprivation of a property right or privilege secured by the
Constitution shall be ripe for adjudication by the district courts upon
a final decision rendered by any person acting under color of any
statute, ordinance, regulation, custom, or usage, of any State or
territory of the United States, that causes actual and concrete injury
to the party seeking redress.
    ``(2)(A) For purposes of this subsection, a final decision exists
if--
            ``(i) any person acting under color of any statute,
        ordinance, regulation, custom, or usage, of any State or
        territory of the United States, makes a definitive decision, as
        described in clauses (ii) and (iii), regarding the extent of
        permissible uses on the property that has been allegedly
        infringed or taken;
            ``(ii)(I) one meaningful application, as defined by
        applicable law, to use the property has been submitted but has
        been disapproved without a written explanation as described in
        subclause (II), and the party seeking redress has applied for
        one appeal and one waiver which has been disapproved, in a case
        in which the applicable statute, ordinance, custom, or usage
        provides a mechanism for appeal to or waiver by an
        administrative agency; or
            ``(II) one meaningful application, as defined by applicable
        law, to use the property has been submitted but has been
        disapproved, and the disapproval explains in writing the use,
        density, or intensity of development of the property that would
        be approved, with any conditions therefor, and the party
        seeking redress has resubmitted another meaningful application
        taking into account the terms of the disapproval, except that--
                    ``(aa) if no such reapplication is submitted, then
                a final decision shall not have been reached for
                purposes of this subsection, except as provided in
                subparagraph (B); and
                    ``(bb) if the reapplication is disapproved, or if
                the reapplication is not required under subparagraph
                (B), then a final decision exists for purposes of this
                subsection if the party seeking redress has applied for
                one appeal and one waiver with respect to the
                disapproval, which has been disapproved, in a case in
                which the applicable statute, ordinance, custom, or
                usage provides a mechanism of appeal to or waiver by an
                administrative agency; and
            ``(iii) if the applicable statute or ordinance provides for
        review of the case by elected officials, the party seeking
        redress has applied for but is denied such review, or is
        allowed such review and the meaningful application is
        disapproved.
    ``(B) The party seeking redress shall not be required to apply for
an appeal or waiver described in subparagraph (A) if no such appeal or
waiver is available, if it cannot provide the relief requested, or if
the application or reapplication would be futile.
    ``(3) For purposes of clauses (ii) and (iii) of paragraph (2), the
failure to act within a reasonable time on any application,
reapplication, appeal, waiver, or review of the case shall constitute a
disapproval.
    ``(4) For purposes of this subsection, a case is ripe for
adjudication even if the party seeking redress does not exhaust
judicial remedies provided by any State or territory of the United
States.
    ``(f) Nothing in subsection (c), (d), or (e) alters the substantive
law of takings of property, including the burden of proof borne by the
plaintiff.''.

SEC. 3. UNITED STATES AS DEFENDANT.

    Section 1346 of title 28, United States Code, is amended by adding
at the end the following:
    ``(h)(1) Any claim brought under subsection (a) that is founded
upon a property right or privilege secured by the Constitution, but was
allegedly infringed or taken by the United States, shall be ripe for
adjudication upon a final decision rendered by the United States, that
causes actual and concrete injury to the party seeking redress.
    ``(2) For purposes of this subsection, a final decision exists if--
            ``(A) the United States makes a definitive decision, as
        defined in subparagraph (B), regarding the extent of
        permissible uses on the property that has been allegedly
        infringed or taken; and
            ``(B) one meaningful application, as defined by applicable
        law, to use the property has been submitted but has been
        disapproved, and the party seeking redress has applied for one
        appeal or waiver which has been disapproved, in a case in which
        the applicable law of the United States provides a mechanism
        for appeal to or waiver by an administrative agency.
The party seeking redress shall not be required to apply for an appeal
or waiver described in subparagraph (B) if no such appeal or waiver is
available, if it cannot provide the relief requested, or if application
or reapplication to use the property would be futile.
    ``(3) For purposes of paragraph (2), the United States' failure to
act within a reasonable time on any application, appeal, or waiver
shall constitute a disapproval.
    ``(4) Nothing in this subsection alters the substantive law of
takings of property, including the burden of proof borne by the
plaintiff.''.

SEC. 4. JURISDICTION OF COURT OF FEDERAL CLAIMS.

    Section 1491(a) of title 28, United States Code, is amended by
adding at the end the following:
    ``(3) Any claim brought under this subsection founded upon a
property right or privilege secured by the Constitution, but allegedly
infringed or taken by the United States, shall be ripe for adjudication
upon a final decision rendered by the United States, that causes actual
and concrete injury to the party seeking redress. For purposes of this
paragraph, a final decision exists if--
            ``(A) the United States makes a definitive decision, as
        described in subparagraph (B), regarding the extent of
        permissible uses on the property that has been allegedly
        infringed or taken; and
            ``(B) one meaningful application, as defined by applicable
        law, to use the property has been submitted but has been
        disapproved, and the party seeking redress has applied for one
        appeal or waiver which has been disapproved, in a case in which
        the applicable law of the United States provides a mechanism
        for appeal or waiver.
The party seeking redress shall not be required to apply for an appeal
or waiver described in subparagraph (B) if no such appeal or waiver is
available, if it cannot provide the relief requested, or if application
or reapplication to use the property would be futile. For purposes of
subparagraph (B), the United States' failure to act within a reasonable
time on any application, appeal, or waiver shall constitute a
disapproval. Nothing in this paragraph alters the substantive law of
takings of property, including the burden of proof borne by the
plaintiff.''.

SEC. 5. DUTY OF NOTICE TO OWNERS.

    Whenever a Federal agency takes an agency action limiting the use
of private property that may be affected by the amendments made by this
Act, the agency shall, not later than 30 days after the agency takes
that action, give notice to the owners of that property explaining
their rights under such amendments and the procedures for obtaining any
compensation that may be due to them under such amendments.

SEC. 6. EFFECTIVE DATE.

    The amendments made by this Act shall apply to actions commenced on
or after the date of the enactment of this Act.

            Passed the House of Representatives March 16, 2000.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.

                            By Martha C. Morrison,

                                                          Deputy Clerk.

Output: Specifies that: (1) if the district court has jurisdiction over such an action in which the operative facts concern the uses of real property and which cannot be decided without resolution of an unsettled question of State law, it may certify the State law question to the highest appellate court of that State; and (2) after the State appellate court resolves the question certified to it, the district court shall proceed with resolving the merits. Prohibits the district court from certifying a question of State law unless such question will significantly affect the merits of the injured party's Federal claim and such question is patently unclear.Declares that any claim or action brought under provisions regarding civil actions for deprivation of rights to redress the deprivation of a property right or privilege secured by the Constitution shall be ripe for adjudication by the district courts upon a final decision rendered by any person acting under color of any statute, ordinance, regulation, custom, or usage of any State or territory of the United States that causes actual and concrete injury to the party seeking redress.Sets forth provisions regarding what constitutes a "final decision." Specifies that: (1) the party seeking redress shall not be required to apply for an appeal or waiver if no such appeal or waiver is available, if it cannot provide the relief requested, or if the application or re-application would be futile; (2) the failure to act within a reasonable time on any application, re-application, appeal, waiver, or review of the case shall constitute a disapproval; and (3) a case is ripe for adjudication even if the party seeking redress does not exhaust judicial remedies provided by any State or territory of the United States.(Sec. 3) Declares that any claim brought under provisions regarding the United States as a defendant, or under provisions regarding jurisdiction of the Court of Federal Claims, that is founded upon a property right or privilege secured by the Constitution but allegedly infringed or taken by the United States, shall be ripe for adjudication upon a final decision rendered by the United States that causes actual and concrete injury to the party seeking redress.(Sec. 5) Requires a Federal agency, whenever it takes action limiting the use of private property that may be affected by the amendments made by this Act, not later than 30 days after the agency takes that action, to give notice to the owners of that property explaining their rights and the procedures for obtaining any compensation that may be due to them under such amendments.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Global Electoral Exchange Act''.

SEC. 2. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) recent elections globally have illustrated the urgent
        need for the promotion and exchange of international best
        election practices, particularly in the areas of cybersecurity,
        results transmission, transparency of electoral data, election
        dispute resolution, and the elimination of discriminatory
        registration practices and other electoral irregularities;
            (2) the advancement of democracy worldwide promotes
        American interests, as stable democracies provide new market
        opportunities, improve global health outcomes, and promote
        economic freedom and regional security;
            (3) credible elections are the cornerstone of a healthy
        democracy and enable all persons to exercise their basic human
        right to have a say in how they are governed;
            (4) inclusive elections strengthen the credibility and
        stability of democracies more broadly, as democratic
        institutions flourish when representative of all groups of
        society;
            (5) at the heart of a strong election cycle is the
        professionalism of the election management body and an
        empowered civil society; and
            (6) the development of local expertise via peer-to-peer
        learning and exchanges promotes the independence of such bodies
        from internal and external influence.

SEC. 3. GLOBAL ELECTORAL EXCHANGE.

    (a) Global Electoral Exchange.--The Secretary of State is
authorized to establish and administer a Global Electoral Exchange
Program to promote the utilization of sound election administration
practices around the world.
    (b) Purpose.--The purpose of the Global Electoral Exchange Program
described in subsection (a) shall include the promotion and exchange of
international best election practices, including in the areas of--
            (1) cybersecurity;
            (2) results transmission;
            (3) transparency of electoral data;
            (4) election dispute resolution;
            (5) the elimination of discriminatory registration
        practices and electoral irregularities;
            (6) equitable access to polling places, voter education
        information, and voting mechanisms (including by persons with
        disabilities); and
            (7) other sound election administration practices.
    (c) Exchange of Electoral Authorities.--
            (1) In general.--The Secretary of State may, in
        consultation, as appropriate, with the United States Agency for
        International Development, make grants to any United States-
        based organization described in section 501(c)(3) of the
        Internal Revenue Code of 1986 and exempt from tax under section
        501(a) of such Code with experience in comparative election
        systems or subject matter expertise in the areas of election
        administration or electoral integrity that submits an
        application in such form, and satisfying such requirements, as
        the Secretary may require.
            (2) Types of grants.--An organization described in
        paragraph (1) may receive a grant for one or more of the
        following purposes:
                    (A) To design and implement programs bringing
                election administrators and officials, including
                government officials, poll workers, civil society
                representatives, members of the judiciary, and others
                who participate in the organization and administration
                of public elections in a foreign country to the United
                States to study election procedures in the United
                States for educational purposes.
                    (B) To design and implement programs taking United
                States or another country's election administrators and
                officials, including government officials, poll
                workers, civil society representatives, members of the
                judiciary, and others who participate in the
                organization and administration of public elections to
                study election procedures for educational purposes.
            (3) Limits on activities.--Activities administered under
        the Global Electoral Exchange Program may not--
                    (A) include observation of an election for the
                purposes of assessing the validity or legitimacy of
                that election; or
                    (B) facilitate any advocacy for a certain electoral
                result by a grantee when participating in the Program.
            (4) Sense of congress.--It is the sense of Congress that
        the Secretary of State should establish and maintain a network
        of Global Electoral Exchange Program alumni, to promote
        communication and further exchange of information regarding
        sound election administration practices among current and
        former program participants.
            (5) Further limits.--A recipient of a grant under the
        Global Electoral Exchange Program may use such grant for only
        the purpose for which such grant was awarded, unless otherwise
        authorized by the Secretary of State.
            (6) Not duplicative.--Grants made under this subsection may
        not be duplicative of any other grants made under any other
        provision of law for similar or related purposes.

SEC. 4. CONGRESSIONAL OVERSIGHT.

    Not later than 1 year after the date of the enactment of this Act
and in each of the following 2 years thereafter, the Secretary of State
shall provide to the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the Senate a
briefing on the status of any activities carried out pursuant to this
Act during the preceding year, which shall include, among other
information, the following:
            (1) A summary of all exchanges conducted under the Global
        Electoral Exchange Program, including information regarding
        grantees, participants, and the locations where program
        activities were held.
            (2) A description of the criteria used to select grantees
        under the Global Electoral Exchange Program.
            (3) Any recommendations for the improvement of the Global
        Electoral Exchange Program, based on the purpose specified in
        section 3(b).

SEC. 5. NO ADDITIONAL FUNDS AUTHORIZED.

    No additional funds are authorized to be appropriated to carry out
the requirements of this Act. Such requirements shall be carried out
using amounts otherwise authorized to be appropriated.

            Passed the House of Representatives September 5, 2018.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.

Output: Global Electoral Exchange Act (Sec. 3) This bill authorizes the Department of State to establish and administer a Global Electoral Exchange Program to promote the utilization of sound election administration practices around the world.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Developmental Disability Endowment
Act''.

SEC. 2. STATE DEVELOPMENTAL DISABILITIES ENDOWMENT PROGRAMS

    (a) In General.--Subchapter F of chapter 1 of the Internal Revenue
Code of 1986 (relating to exempt organizations) is amended by adding at
the end the following new part:

     ``PART IX--STATE DEVELOPMENTAL DISABILITIES ENDOWMENT PROGRAMS

                              ``Sec. 531. State developmental
                                        disabilities endowment
                                        programs.

``SEC. 531. STATE DEVELOPMENTAL DISABILITIES ENDOWMENT PROGRAMS.

    ``(a) General rule.--A qualified State developmental disabilities
endowment program shall be exempt from taxation under this subtitle.
Notwithstanding the preceding sentence, such program shall be subject
to the taxes imposed by section 511 (relating to imposition of tax on
unrelated business income of charitable organizations).
    ``(b) Qualified State Developmental Disabilities Endowment
Program.--For purposes of this section--
            ``(1) In general.--The term `qualified State developmental
        disabilities endowment program' means a program established and
        maintained by a State or agency or instrumentality thereof--
                    ``(A) under which a person may make contributions
                to an account which is established for the purpose of
                providing qualified services to the designated
                beneficiary of the account, and
                    ``(B) which meets the other requirements of this
                subsection.
            ``(2) Cash contributions.--A program shall not be treated
        as a qualified State developmental disabilities endowment
        program unless it provides that contributions may only be made
        in cash.
            ``(3) Refunds.--A program shall not be treated as a
        qualified State developmental disabilities endowment program
        unless it imposes a more than de minimis penalty on any refund
        of earnings from the account which are not--
                    ``(A) used for qualified services with respect to
                the designated beneficiary, or
                    ``(B) made on account of the death or disability of
                the designated beneficiary.
            ``(4) Separate accounting.--A program shall not be treated
        as a qualified State developmental disabilities endowment
        program unless it provides separate accounting for each
        designated beneficiary.
            ``(5) No investment direction.--A program shall not be
        treated as a qualified State developmental disabilities
        endowment program unless it provides that any contributor to,
        or designated beneficiary under, such program may not directly
        or indirectly direct the investment of any contributions to the
        program (or any earnings thereon).
            ``(6) No pledging of interest as security.--A program shall
        not be treated as a qualified State developmental disabilities
        endowment program if it allows any interest in the program or
        any portion thereof to be used as security for a loan.
            ``(7) Prohibition on excess contributions.--A program shall
        not be treated as a qualified State developmental disabilities
        endowment program unless it provides adequate safeguards to
        prevent contributions on behalf of a designated beneficiary in
        excess of those necessary to provide for the qualified services
        with respect to the beneficiary.
    ``(c) Tax Treatment of Designated Beneficiaries and Contributors.--
            ``(1) In general.--Except as otherwise provided in this
        subsection, no amount shall be includible in gross income of--
                    ``(A) a designated beneficiary under a qualified
                State developmental disabilities endowment program, or
                    ``(B) a contributor to such program on behalf of a
                designated beneficiary,
        with respect to any distribution or earnings under such
        program.
            ``(2) Gift tax treatment of contributions.--For purposes of
        chapters 12 and 13--
                    ``(A) In general.--Any contribution to a qualified
                developmental disabilities endowment program on behalf
                of any designated beneficiary--
                            ``(i) shall be treated as a completed gift
                        to such beneficiary which is not a future
                        interest in property, and
                            ``(ii) shall not be treated as a qualified
                        transfer under section 2503(e).
                    ``(B) Treatment of excess contributions.--If the
                aggregate amount of contributions described in
                subparagraph (A) during the calendar year by a donor
                exceeds the limitation for such year under section
                2503(b), such aggregate amount shall, at the election
                of the donor, be taken into account for purposes of
                such section ratably over the 5-year period beginning
                with such calendar year.
            ``(3) Distributions.--
                    ``(A) In general.--Any distribution under a
                qualified State developmental disabilities endowment
                program shall be includible in the gross income of the
                distributee in the manner as provided under section 72
                to the extent not excluded from gross income under any
                other provision of this chapter.
                    ``(B) In-kind distributions.--Any benefit furnished
                to a designated beneficiary under a qualified State
                developmental disabilities endowment program shall be
                treated as a distribution to the beneficiary.
                    ``(C) Change in beneficiaries.--
                            ``(i) Rollovers.--Subparagraph (A) shall
                        not apply to that portion of any distribution
                        which, within 60 days of such distribution, is
                        transferred to the credit of another designated
                        beneficiary under a qualified State
                        developmental disabilities endowment program.
                            ``(ii) Change in designated
                        beneficiaries.--Any change in the designated
                        beneficiary of an interest in a qualified State
                        developmental disabilities endowment program
                        shall not be treated as a distribution for
                        purposes of subparagraph (A).
                    ``(D) Operating rules.--For purposes of applying
                section 72--
                            ``(i) to the extent provided by the
                        Secretary, all qualified State developmental
                        disabilities endowment programs of which an
                        individual is a designated beneficiary shall be
                        treated as one program,
                            ``(ii) all distributions during a taxable
                        year shall be treated as one distribution, and
                            ``(iii) the value of the contract, income
                        on the contract, and investment in the contract
                        shall be computed as of the close of the
                        calendar year in which the taxable year begins.
            ``(4) Estate tax treatment.--
                    ``(A) In general.--No amount shall be includible in
                the gross estate of any individual for purposes of
                chapter 11 by reason of an interest in a qualified
                developmental disabilities endowment program.
                    ``(B) Amounts includible in estate of designated
                beneficiary in certain cases.--Subparagraph (A) shall
                not apply to amounts distributed on account of the
                death of a beneficiary.
                    ``(C) Amounts includible in estate of donor making
                excess contributions.--In the case of a donor who makes
                the election described in paragraph (2)(B) and who dies
                before the close of the 5-year period referred to in
                such paragraph, notwithstanding subparagraph (A), the
                gross estate of the donor shall include the portion of
                such contributions properly allocable to periods after
                the date of death of the donor.
            ``(5) Other gift tax rules.--For purposes of chapters 12
        and 13, in no event shall a distribution from a qualified
        developmental disabilities endowment program be treated as a
        taxable gift.
    ``(d) Reports.--Each officer or employee having control of the
qualified developmental disabilities endowment program or their
designee shall make such reports regarding such program to the
Secretary and to designated beneficiaries with respect to
contributions, distributions, and such other matters as the Secretary
may require. The reports required by this subsection shall be filed at
such time and in such manner and furnished to such individuals at such
time and in such manner as may be required by the Secretary.
    ``(e) Other Definitions and Special Rules.--For purposes of this
section--
            ``(1) Designated beneficiary.--The term `designated
        beneficiary' means--
                    ``(A) the individual designated at the commencement
                of participation in the qualified State developmental
                disabilities endowment program as the beneficiary of
                amounts paid (or to be paid) to the program,
                    ``(B) in the case of a change in beneficiaries
                described in subsection (c)(3)(C), the individual who
                is the new beneficiary, and
                    ``(C) any individual not described in subparagraph
                (A) or (B) who is designated as a beneficiary under the
                qualified developmental disabilities endowment program.
            ``(2) Qualified services.--The term `qualified services'
        means the services designated under the qualified developmental
        disabilities endowment program.''.
    (b) Clerical Amendment.--The table of parts for subchapter F of
chapter 1 of such Code is amended by adding after the item relating to
part VIII the following new item:

                              ``Part IX. State developmental
                                        disabilities trust funds.''.

    (c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2000.

Output: Sets forth the tax and estate tax treatment of designated beneficiaries and contributors.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Trade Agreement Compliance Act of
1993''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--The Congress finds that--
            (1) the United States has entered into numerous trade
        agreements with foreign country trading partners;
            (2) foreign country performance with respect to certain
        agreements has been less than contemplated, and in some cases
        rises to the level of noncompliance; and
            (3) there is a need to provide a mechanism whereby
        interested parties can obtain a periodic review of the
        performance of a foreign country under a trade agreement.
    (b) Purposes.--The purposes of this Act are--
            (1) to ensure that foreign countries which have made
        commitments through agreements with the United States fully
        abide by those commitments;
            (2) to obtain foreign country compliance with agreements
        with the United States through negotiation or, in the
        alternative, through unilateral action in cases in which the
        GATT dispute settlement procedures cannot be employed;
            (3) to achieve a more open world trading system which
        provides mutually advantageous market opportunities for trade
        between the United States and foreign countries;
            (4) to facilitate the opening of foreign country markets to
        exports of the United States and third countries by eliminating
        trade barriers and increasing the access of industry of the
        United States and third countries to such markets; and
            (5) to reduce diversion of third country exports to the
        United States because of restricted market access in foreign
        countries.

SEC. 3. REVIEW OF TRADE AGREEMENTS.

    (a) In General.--Chapter 1 of title III of the Trade Act of 1974
(19 U.S.C. 2411 et seq.) is amended by inserting after section 306, the
following new section:

``SEC. 306A. REQUEST FOR REVIEW OF TRADE AGREEMENTS.

    ``(a) Annual Review of Trade Agreements.--
            ``(1)(A) At the written request of an interested person,
        the Trade Representative shall commence a review to determine
        whether a foreign country is in compliance with any trade
        agreement such country has with the United States.
            ``(B) An interested person may file a written request for
        review under paragraph (1) at any time after the date which is
        within 30 days after the anniversary of the effective date of
        such agreement, but not later than 90 days before the date of
        the expiration of such agreement.
            ``(C) A written request filed under this paragraph shall--
                    ``(i) identify the person filing the request and
                the interest of that person which is affected by the
                noncompliance of a foreign country with a trade
                agreement with the United States;
                    ``(ii) describe the rights of the United States
                being denied under such trade agreement; and
                    ``(iii) include information reasonably available to
                the person regarding the failure of the foreign country
                to comply with such trade agreement.
            ``(2) Not later than 90 days after receipt of a request for
        review under paragraph (1), the Trade Representative shall
        determine whether any act, policy, or practice of the foreign
        country that is the subject of the review is in material
        noncompliance with the terms of such agreement.
            ``(3) In conducting a review under this subsection, the
        Trade Representative may, as the Trade Representative
        determines appropriate, consult with the Secretary of Commerce
        or the Secretary of Agriculture.
            ``(4)(A) For purposes of this subsection, the term
        `interested person' means a person who has a significant
        economic interest that is affected by the failure of a foreign
        country to comply with a trade agreement.
            ``(B) For purposes of this subsection, the term `trade
        agreement' means an agreement with the United States and is not
        intended to include multilateral trade agreements such as the
        General Agreement on Tariffs and Trade.
    ``(b) Factors To Be Taken Into Account.--In making a determination
under subsection (a)(2), the Trade Representative shall take into
account, among other relevant factors--
            ``(1) achievement of the objectives of the agreement,
            ``(2) adherence to commitments given, and
            ``(3) any evidence of actual patterns of trade that do not
        reflect patterns of trade which would reasonably be anticipated
        to flow from the concessions or commitments of such country
        based on the international competitive position and export
        potential of a United States industry.
The Trade Representative may seek the advice of the United States
International Trade Commission when considering these factors.
    ``(c) Further Action.--
            ``(1) If, on the basis of the review carried out under
        subsection (a), the Trade Representative determines that a
        foreign country is in material noncompliance with an agreement
        within the meaning of subsection (a)(2), the Trade
        Representative shall determine what further action to take
        under section 301(a).
            ``(2) For purposes of section 301, any determination made
        under subsection (a) shall be treated as a determination made
        under section 304.
            ``(3) In determining what further action to take under
        paragraph (1), the Trade Representative shall take into account
        the criteria described in subsection (d) with respect to
        possible sanctions.
    ``(d) Sanctions.--In developing a list of possible sanctions to be
imposed in the event a determination is made under subsection (a)(2),
the Trade Representative shall seek to minimize any adverse impact on
existing business relations or economic interests of United States
persons, including consideration of taking action with respect to
future products for which a significant volume of current trade does
not exist.''.
    (b) Conforming Amendment.--The table of contents of chapter 1 of
title III of the Trade Act of 1974 is amended by inserting after the
item relating to section 306 the following new item:

``Sec. 306A. Request for review of trade agreements.''.

SEC. 4. INTERNATIONAL OBLIGATIONS.

    The amendments made by this Act shall not be construed to require
actions inconsistent with the international obligations of the United
States, including obligations under the General Agreement on Tariffs
and Trade.

Output:
Trade Agreement Compliance Act of 1993 - Amends the Trade Act of 1974 to require the United States Trade Representative (USTR), at the request of an interested person, to determine whether a foreign country is complying with any agreement it has with the United States. Requires the USTR to take specified action under the Act if he or she determines that such country is in material noncompliance with any agreement.
Requires the amendments made by this Act to be consistent with U.S.   international obligations, including the General Agreement on Tariffs and Trade.


Input:
SECTION 1. PAYMENT OF INSURANCE PROCEEDS TO AN ALTERNATE BENEFICIARY
              WHEN FIRST BENEFICIARY CANNOT BE IDENTIFIED.

    (a) NSLI.--Section 1917 of title 38, United States Code, is amended
by adding at the end the following new subsection:
    ``(f)(1) Following the death of the insured--
            ``(A) if the first beneficiary otherwise entitled to
        payment of the insurance proceeds does not make a claim for
        such payment within two years after the death of the insured,
        payment of the proceeds may be made to another beneficiary
        designated by the insured, in the order of precedence as
        designated by the insured, as if the first beneficiary had
        predeceased the insured; and
            ``(B) if within four years after the death of the insured,
        no claim has been filed by a person designated by the insured
        as a beneficiary and the Secretary has not received any notice
        in writing that any such claim will be made, payment of the
        insurance proceeds may (notwithstanding any other provision of
        law) be made to such person as may in the judgment of the
        Secretary be equitably entitled to the proceeds of the policy.
    ``(2) Payment of insurance proceeds under paragraph (1) shall be a
bar to recovery by any other person.''.
    (b) USGLI.--Section 1951 of such title is amended--
            (1) by inserting ``(a)'' before ``United States
        Government''; and
            (2) by adding at the end the following new subsection:
    ``(b)(1) Following the death of the insured--
            ``(A) if the first beneficiary otherwise entitled to
        payment of the insurance proceeds does not make a claim for
        such payment within two years after the death of the insured,
        payment of the proceeds may be made to another beneficiary
        designated by the insured, in the order of precedence as
        designated by the insured, as if the first beneficiary had
        predeceased the insured; and
            ``(B) if within four years after the death of the insured,
        no claim has been filed by a person designated by the insured
        as a beneficiary and the Secretary has not received any notice
        in writing that any such claim will be made, payment of the
        insurance proceeds may (notwithstanding any other provision of
        law) be made to such person as may in the judgment of the
        Secretary be equitably entitled to the proceeds of the policy.
    ``(2) Payment of insurance proceeds under paragraph (1) shall be a
bar to recovery by any other person.''.
    (c) Transition Provision.--In the case of a person insured under
subchapter I or II of chapter 19 of title 38, United States Code, who
dies before the date of the enactment of this Act, the two-year and
four-year periods specified in subsection (f)(1) of section 1917 of
title 38, United States Code, as added by subsection (a), and
subsection (b)(1) of section 1951 of such title, as added by subsection
(b), shall for purposes of the applicable subsection be treated as
being the two-year and four-year periods, respectively, beginning on
the date of the enactment of this Act.

SEC. 2. NATIVE AMERICAN VETERAN HOUSING LOAN PILOT PROGRAM.

    (a) Extension of Native American Veteran Housing Loan Pilot
Program.--Section 3761(c) of title 38, United States Code, is amended
by striking ``2001'' and inserting ``2005''.
    (b) Authorization of the Use of Certain Federal Memorandums of
Understanding.--Section 3762(a)(1) of such title is amended--
            (1) by inserting ``(A)'' after ``(1)'';
            (2) by striking ``and'' after the semicolon and inserting
        ``or''; and
            (3) by adding at the end the following:
            ``(B) the tribal organization that has jurisdiction over
        the veteran has entered into a memorandum of understanding with
        any department or agency of the United States with respect to
        direct housing loans to Native Americans that the Secretary
        determines--
                    ``(i) contemplates loans made under this
                subchapter; and
                    ``(ii) substantially complies with the requirements
                of subsection (b); and''.
    (c) Modification of Loan Assumption Notice Requirement.--Section
3714(d) of such title is amended to read as follows:
    ``(d) With respect to a loan guaranteed, insured, or made under
this chapter, the Secretary shall provide, by regulation, that at least
one instrument evidencing either the loan or the mortgage or deed of
trust therefor, shall conspicuously contain, in such form as the
Secretary shall specify, a notice in substantially the following form:
`This loan is not assumable without the approval of the Department of
Veterans Affairs or its authorized agent'.''.

SEC. 3. ELIMINATION OF REQUIREMENT FOR PROVIDING A COPY OF NOTICE OF
              APPEAL TO THE SECRETARY.

    (a) Repeal.--Section 7266 of title 38, United States Code, is
amended by striking subsection (b).
    (b) Conforming Amendments.--Such section is further amended--
            (1) by striking ``(1)'' after ``(a)'';
            (2) by redesignating paragraph (2) as subsection (b);
            (3) by redesignating paragraph (3) as subsection (c) and
        redesignating subparagraphs (A) and (B) thereof as paragraphs
        (1) and (2); and
            (4) by redesignating paragraph (4) as subsection (d) and by
        striking ``paragraph (3)(B)'' therein and inserting
        ``subsection (c)(2)''.

Output: Authorizes the payment of proceeds following the death of the insured under the National Life Insurance Program and the United States Government Life Insurance Program: (1) to another beneficiary designated by the insured, if the first beneficiary does not make a claim for such insurance within two years; or (2) to any person designated by the Secretary of Veterans Affairs to be equitably entitled to such proceeds, if no claim has been filed by any designated beneficiary within four years.Extends through December 31, 2005, the Native American Veteran housing loan pilot program. Authorizes the Secretary to make a direct housing loan to such a veteran if the tribal organization having jurisdiction over such veteran has entered into a memorandum of understanding with any Federal department or agency with respect to such loans. Revises the loan assumption notice requirement.Eliminates the requirement of providing the Secretary with a copy of a notice of appeal of a decision by the Court of Veterans Appeals.