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SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Tax Accountability Act of 2017''.

SEC. 2. PROHIBITION ON AWARD OF CONTRACT OR GRANT IN EXCESS OF
              SIMPLIFIED ACQUISITION THRESHOLD TO POTENTIAL CONTRACTOR
              OR GRANT APPLICANT WITH SERIOUSLY DELINQUENT TAX DEBT.

    (a) Governmental Policy.--It is the policy of the United States
Government that no Government contracts or grants should be awarded to
individuals or companies with seriously delinquent Federal tax debts.
    (b) Disclosure and Evaluation of Contract Offers From Delinquent
Federal Debtors.--
            (1) In general.--The head of any executive agency that
        issues a solicitation for bids or a request for proposals for a
        contract in an amount greater than the simplified acquisition
        threshold shall require each person that submits a bid or
        proposal to submit with the bid or proposal a form--
                    (A) certifying whether such person has a seriously
                delinquent tax debt; and
                    (B) authorizing the Secretary of the Treasury to
                disclose to the head of the agency information limited
                to describing whether the person has a seriously
                delinquent tax debt.
            (2) Impact on responsibility determination.--The head of
        any executive agency, in evaluating any offer received in
        response to a solicitation issued by the agency for bids or
        proposals for a contract, shall consider a certification that
        the offeror has a seriously delinquent tax debt to be
        definitive proof that the offeror is not a responsible source
        as defined in section 113 of title 41, United States Code.
            (3) Debarment.--
                    (A) Requirement.--Except as provided in
                subparagraph (B), the head of an executive agency shall
                initiate a suspension or debarment proceeding against a
                person after receiving an offer for a contract from
                such person if--
                            (i) such offer contains a certification (as
                        required under paragraph (1)(A)) that such
                        person has a seriously delinquent tax debt; or
                            (ii) the head of the agency receives
                        information from the Secretary of the Treasury
                        (as authorized under paragraph (1)(B))
                        demonstrating that such a certification
                        submitted by such person is false.
                    (B) Waiver.--The head of an executive agency may
                waive subparagraph (A) with respect to a person based
                upon a written finding of urgent and compelling
                circumstances significantly affecting the interests of
                the United States. If the head of an executive agency
                waives subparagraph (A) for a person, the head of the
                agency shall submit to the Committee on Oversight and
                Government Reform of the House of Representatives and
                the Committee on Homeland Security and Governmental
                Affairs of the Senate, within 30 days after the waiver
                is made, a report containing the rationale for the
                waiver and relevant information supporting the waiver
                decision.
            (4) Release of information.--The Secretary of the Treasury,
        in consultation with the Director of the Office of Management
        and Budget, shall make available to all executive agencies a
        standard form for the authorization described in paragraph
        (1)(B).
            (5) Revision of regulations.--Not later than 270 days after
        the date of the enactment of this Act, the Federal Acquisition
        Regulation shall be revised to incorporate the requirements of
        this section.
    (c) Disclosure and Evaluation of Grant Applications From Delinquent
Federal Debtors.--
            (1) In general.--The head of any executive agency that
        offers a grant in excess of an amount equal to the simplified
        acquisition threshold shall require each grant applicant to
        submit with the grant application a form--
                    (A) certifying whether such applicant has a
                seriously delinquent tax debt; and
                    (B) authorizing the Secretary of the Treasury to
                disclose to the head of the agency information limited
                to describing whether the applicant has a seriously
                delinquent tax debt.
            (2) Impact on determination of financial stability.--The
        head of any executive agency, in evaluating any application for
        a grant offered by the agency, shall consider a certification
        under paragraph (1)(A) that the grant applicant has a seriously
        delinquent tax debt to be definitive proof that the applicant
        is high-risk and shall--
                    (A) decline the grant application;
                    (B) ensure that the applicant does not receive any
                future grant offered by the agency; and
                    (C) in the case of an applicant that has, as of the
                date on which the grant application is denied under
                subparagraph (A), an existing grant previously awarded
                by the agency, take appropriate measures under
                guidelines issued by the Office of Management and
                Budget pursuant to paragraph (5) for enhanced oversight
                of the applicant.
            (3) Debarment.--
                    (A) Requirement.--Except as provided in
                subparagraph (B), the head of an executive agency shall
                initiate a suspension or debarment proceeding against a
                grant applicant after receiving a grant application
                from such applicant if--
                            (i) such application contains a
                        certification (as required under paragraph
                        (1)(A)) that such applicant has a seriously
                        delinquent tax debt; or
                            (ii) the head of the agency receives
                        information from the Secretary of the Treasury
                        (as authorized under paragraph (1)(B))
                        demonstrating that such a certification
                        submitted by such applicant is false.
                    (B) Waiver.--The head of an executive agency may
                waive subparagraph (A) with respect to an applicant
                based upon a written finding of urgent and compelling
                circumstances significantly affecting the interests of
                the United States. If the head of an executive agency
                waives subparagraph (A) for an applicant, the head of
                the agency shall submit to the Committee on Oversight
                and Government Reform of the House of Representatives
                and the Committee on Homeland Security and Governmental
                Affairs of the Senate, within 30 days after the waiver
                is made, a report containing the rationale for the
                waiver and relevant information supporting the waiver
                decision.
            (4) Release of information.--The Secretary of the Treasury,
        in consultation with the Director of the Office of Management
        and Budget, shall make available to all executive agencies a
        standard form for the authorization described in paragraph
        (1)(B).
            (5) Revision of regulations.--Not later than 270 days after
        the date of the enactment of this Act, the Director of the
        Office of Management and Budget shall revise such regulations
        as necessary to incorporate the requirements of this section.
    (d) Definitions and Special Rules.--For purposes of this section:
            (1) Executive agency.--The term ``executive agency'' has
        the meaning given such term in section 133 of title 41, United
        States Code.
            (2) Seriously delinquent tax debt.--
                    (A) In general.--The term ``seriously delinquent
                tax debt'' means a Federal tax liability that--
                            (i) has been assessed by the Secretary of
                        the Treasury under the Internal Revenue Code of
                        1986; and
                            (ii) may be collected by the Secretary by
                        levy or by a proceeding in court.
                    (B) Exceptions.--Such term does not include--
                            (i) a debt that is being paid in a timely
                        manner pursuant to an agreement under section
                        6159 or section 7122 of such Code;
                            (ii) a debt with respect to which a
                        collection due process hearing under section
                        6330 of such Code, or relief under subsection
                        (a), (b), or (f) of section 6015 of such Code,
                        is requested or pending;
                            (iii) a debt with respect to which a
                        continuous levy has been issued under section
                        6331 of such Code (or, in the case of an
                        applicant for employment, a debt with respect
                        to which the applicant agrees to be subject to
                        such a levy); and
                            (iv) a debt with respect to which such a
                        levy is released under section 6343(a)(1)(D) of
                        such Code.
    (e) Effective Date.--This section shall apply with respect to
contracts and grants awarded on or after the date occurring 270 days
after the date of the enactment of this Act.

SEC. 3. INELIGIBILITY OF NONCOMPLIANT TAXPAYERS FOR FEDERAL EMPLOYMENT.

    (a) In General.--Chapter 73 of title 5, United States Code, is
amended by adding at the end the following:

``SUBCHAPTER VIII--INELIGIBILITY OF NONCOMPLIANT TAXPAYERS FOR FEDERAL
                               EMPLOYMENT

``Sec. 7381. Definitions
    ``For purposes of this subchapter--
            ``(1) The term `seriously delinquent tax debt' means a
        Federal tax liability that has been assessed by the Secretary
        of the Treasury under the Internal Revenue Code of 1986 and may
        be collected by the Secretary by levy or by a proceeding in
        court, except that such term does not include--
                    ``(A) a debt that is being paid in a timely manner
                pursuant to an agreement under section 6159 or section
                7122 of such Code;
                    ``(B) a debt with respect to which a collection due
                process hearing under section 6330 of such Code, or
                relief under subsection (a), (b), or (f) of section
                6015 of such Code, is requested or pending;
                    ``(C) a debt with respect to which a continuous
                levy has been issued under section 6331 of such Code
                (or, in the case of an applicant for employment, a debt
                with respect to which the applicant agrees to be
                subject to such a levy); and
                    ``(D) a debt with respect to which such a levy is
                released under section 6343(a)(1)(D) of such Code;
            ``(2) the term `employee' means an employee in or under an
        agency, including an individual described in sections 2104(b)
        and 2105(e); and
            ``(3) the term `agency' means--
                    ``(A) an Executive agency;
                    ``(B) the United States Postal Service;
                    ``(C) the Postal Regulatory Commission; and
                    ``(D) an employing authority in the legislative
                branch.
``Sec. 7382. Ineligibility for employment
    ``(a) In General.--Subject to subsection (c), an individual is
ineligible to be appointed or to continue serving as an employee if
such individual--
            ``(1) has a seriously delinquent tax debt;
            ``(2) does not submit the certification required under
        subsection (b); or
            ``(3) does not submit an authorization form requested under
        section 7383(b)(1).
    ``(b) Disclosure Requirement.--The head of each agency shall take
appropriate measures to ensure that each individual applying for
employment with such agency shall be required to submit (as part of the
application for employment) certification that such individual does not
have any seriously delinquent tax debt.
    ``(c) Regulations.--The Office of Personnel Management, in
consultation with the Internal Revenue Service, shall, for purposes of
carrying out this section with respect to the executive branch,
promulgate any regulations which the Office considers necessary, except
that such regulations shall provide for the following:
            ``(1) All applicable due process rights, afforded by
        chapter 75 and any other provision of law, shall apply with
        respect to a determination under this section that an applicant
        is ineligible to be appointed or that an employee is ineligible
        to continue serving.
            ``(2) Before any such determination is given effect with
        respect to an individual, the individual shall be afforded 180
        days to demonstrate that such individual's debt is one
        described in subparagraph (A), (B), (C), or (D) of section
        7381(1).
            ``(3) An employee may continue to serve, in a situation
        involving financial hardship, if the continued service of such
        employee is in the best interests of the United States, as
        determined on a case-by-case basis and certified as such by the
        head of the agency.
    ``(d) Reports to Congress.--The Director of the Office of Personnel
Management shall report annually to the Committee on Oversight and
Government Reform of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the Senate on the number
of exemptions requested and the number of exemptions granted under
subsection (c)(3).
``Sec. 7383. Review of public records
    ``(a) In General.--Each agency shall provide for such reviews of
public records as the head of such agency considers appropriate to
determine if a notice of lien has been filed pursuant to section 6323
of the Internal Revenue Code of 1986 with respect to an employee of or
an applicant for employment with such agency.
    ``(b) Additional Requests.--If a notice of lien is discovered under
subsection (a) with respect to an employee or applicant for employment,
the agency may--
            ``(1) request that the employee or applicant execute and
        submit a form authorizing the Secretary of the Treasury to
        disclose to the head of the agency information limited to
        describing whether--
                    ``(A) the employee or applicant has a seriously
                delinquent tax debt; or
                    ``(B) there is a final administrative or judicial
                determination that such employee or applicant committed
                any act described under section 7385(b); and
            ``(2) request that the Secretary of the Treasury disclose
        any information so authorized to be disclosed.
    ``(c) Authorization Form.--The Secretary of the Treasury shall make
available to all agencies a standard form for the authorization
described in subsection (b)(1).
``Sec. 7384. Confidentiality
    ``Neither the head nor any other employee of an agency may--
            ``(1) use any information furnished under the provisions of
        this subchapter for any purpose other than the administration
        of this subchapter;
            ``(2) make any publication whereby the information
        furnished by or with respect to any particular individual under
        this subchapter can be identified; or
            ``(3) permit anyone who is not an employee of such agency
        to examine or otherwise have access to any such information.
``Sec. 7385. Adverse actions for employees who understate taxes or fail
              to file
    ``(a) In General.--
            ``(1) In general.--Subject to subsection (c) and paragraph
        (2) of this subsection, the head of an agency may take any
        personnel action against an employee of such agency if there is
        a final administrative or judicial determination that such
        employee committed any act described under subsection (b).
            ``(2) Personnel actions.--In paragraph (1), the term
        `personnel action' includes separation but does not include
        administrative leave or any other type of paid leave without
        duty or charge to leave.
    ``(b) Acts.--The acts referred to under subsection (a)(1) are--
            ``(1) willful failure to file any return of tax required
        under the Internal Revenue Code of 1986, unless such failure is
        due to reasonable cause and not to willful neglect; or
            ``(2) willful understatement of Federal tax liability,
        unless such understatement is due to reasonable cause and not
        to willful neglect.
    ``(c) Procedure.--Under regulations prescribed by the Office of
Personnel Management, an employee subject to a personnel action under
this section shall be entitled to the procedures provided under
sections 7513 or 7543, as applicable.''.
    (b) Clerical Amendment.--The analysis for chapter 73 of title 5,
United States Code, is amended by adding at the end the following:

``SUBCHAPTER VIII--INELIGIBILITY OF NONCOMPLIANT TAXPAYERS FOR FEDERAL
                               EMPLOYMENT

``7381. Definitions.
``7382. Ineligibility for employment.
``7383. Review of public records.
``7384. Confidentiality.
``7385. Adverse actions for employees who understate taxes or fail to
                            file.''.
    (c) Effective Date.--This section, and the amendments made by this
section, shall take effect 270 days after the date of the enactment of
this Act.

Output: Tax Accountability Act of 2017 This bill declares that no government contracts or grants should be awarded to individuals or companies with seriously delinquent federal tax debts. Agencies offering a grant or issuing a solicitation for bids or a request for proposals for a contract in an amount greater than the simplified acquisition threshold (currently $150,000) shall require each person that submits a grant application, bid, or proposal to: (1) certify whether such person has a seriously delinquent tax debt, and (2) authorize the Department of the Treasury to disclose to the agency whether the person has a seriously delinquent tax debt. Agencies shall consider a person who has a seriously delinquent tax debt not to be a responsible source and thus the person may not be awarded contracts. Agencies must consider a grant applicant who has a seriously delinquent tax debt high risk, shall decline the grant application, and must ensure that the applicant does not receive future grants offered by the agency. Subject to waiver, agencies shall initiate a suspension or debarment proceeding against a person making offers or applying for grants who has a seriously delinquent tax debt or who falsely certified whether the person has a seriously delinquent tax debt.  Individuals with seriously delinquent tax debts are not eligible for federal employment. Agencies must provide for review of public records to determine if a tax lien has been filed on employees or applicants for employment. Agencies may take certain personnel action against employees who fail to file a tax return or understate their tax liability.


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of Approval.--
            (1) Requirement.--Not later than 30 days after the
        deployment of members of the Armed Forces into a significant
        armed conflict with respect to which Congress has not enacted a
        formal declaration of war or otherwise enacted a specific
        authorization for the use of military force, the chair and vice
        chair of the Joint Congressional Consultative Committee shall
        introduce a joint resolution of approval.
            (2) Contents of resolution.--For purposes of this
        subsection, the term ``joint resolution of approval'' means a
        joint resolution the sole matter after the resolving clause of
        which is as follows: ``That Congress approves the use of
        members of the Armed Forces for the significant armed conflict
        covered in the report submitted to the Joint Congressional
        Consultation Committee pursuant to section 6(b) of the War
        Powers Consultation Act of 2014 on ___.'', with the blank space
        being filled with the appropriate date.
            (3) Referral to committee.--A joint resolution of approval
        introduced in the Senate shall be referred to the Committee on
        Foreign Relations of the Senate. A joint resolution of approval
        introduced in the House of Representatives shall be referred to
        the Committee on Foreign Affairs of the House of
        Representatives.
            (4) Discharge of committee.--If the committee to which is
        referred a joint resolution of approval has not reported such
        resolution (or an identical resolution) at the end of 7
        calendar days after its introduction, such committee shall be
        deemed to be discharged from further consideration of such
        resolution and such resolution shall be placed on the
        appropriate calendar of the House involved.
            (5) Floor consideration.--
                    (A) In general.--When the committee to which a
                resolution is referred has reported, or has been deemed
                to be discharged (under paragraph (4)) from further
                consideration of, a joint resolution of approval, it is
                at any time thereafter in order (even though a previous
                motion to the same effect has been disagreed to) for
                any Member of the respective House to move to proceed
                to the consideration of the resolution, and all points
                of order against the resolution (and against
                consideration of the resolution) are waived. The motion
                is highly privileged in the House of Representatives
                and is privileged in the Senate and is not debatable.
                The motion is not subject to amendment, or to a motion
                to postpone, or to a motion to proceed to the
                consideration of other business. A motion to reconsider
                the vote by which the motion is agreed to or disagreed
                to shall not be in order. If a motion to proceed to the
                consideration of the resolution is agreed to, the
                resolution shall remain the unfinished business of the
                respective House until disposed of.
                    (B) Debate.--Debate on the resolution, and on all
                debatable motions and appeals in connection therewith,
                shall be limited to not more than 10 hours, which shall
                be divided equally between those favoring and those
                opposing the resolution. A motion further to limit
                debate is in order and not debatable. An amendment to,
                or a motion to postpone, or a motion to proceed to the
                consideration of other business, or a motion to
                recommit the resolution is not in order. A motion to
                reconsider the vote by which the resolution is agreed
                to or disagreed to is not in order.
                    (C) Vote on final passage.--Immediately following
                the conclusion of the debate on the joint resolution of
                approval and a single quorum call at the conclusion of
                the debate if requested in accordance with the rules of
                the appropriate House, the vote on final passage of the
                resolution shall occur.
                    (D) Rulings of the chair on procedure.--Appeals
                from the decisions of the Chair relating to the
                application of the rules of the Senate or the House of
                Representatives, as the case may be, to the procedure
                relating to a joint resolution of approval shall be
                decided without debate.
            (6) Coordination with action by other house.--If, before
        the passage by one House of a joint resolution of approval of
        that House, that House receives from the other House a joint
        resolution of approval, then the following procedures shall
        apply:
                    (A) The resolution of the other House shall not be
                referred to a committee.
                    (B) With respect to the joint resolution of
                approval of the House receiving the resolution--
                            (i) the procedure in that House shall be
                        the same as if no resolution had been received
                        from the other House; but
                            (ii) the vote on final passage shall be on
                        the resolution of the other House.
            (7) Rules of house of representatives and senate.--This
        subsection is enacted by Congress--
                    (A) as an exercise of the rulemaking power of the
                Senate and House of Representatives, respectively, and
                as such it is deemed a part of the rules of each House,
                respectively, but applicable only with respect to the
                procedure to be followed in that House in the case of a
                joint resolution of approval, and it supersedes other
                rules only to the extent that it is inconsistent with
                such rules; and
                    (B) with full recognition of the constitutional
                right of either House to change the rules (so far as
                relating to the procedure of that House) at any time,
                in the same manner and to the same extent as in the
                case of any other rule of that House.
    (b) Joint Resolution of Disapproval.--
            (1) Contents of resolution.--For purposes of this
        subsection, the term ``joint resolution of disapproval'' means
        a joint resolution introduced in a House after that House has
        voted against passage of a joint resolution of approval under
        subsection (a), the sole matter after the resolving clause of
        which is as follows: ``That Congress disapproves the use of
        members of the Armed Forces for the significant armed conflict
        covered in the report submitted to the Joint Congressional
        Consultation Committee pursuant to section 6(b) of the War
        Powers Consultation Act of 2014 on ___.'', with the blank space
        being filled with the appropriate date.
            (2) Floor consideration.--
                    (A) In general.--After a joint resolution of
                disapproval has been introduced under this subsection,
                it is at any time thereafter in order (even though a
                previous motion to the same effect has been disagreed
                to) for any Member of the respective House to move to
                proceed to the consideration of the resolution, and all
                points of order against the resolution (and against
                consideration of the resolution) are waived. The motion
                is highly privileged in the House of Representatives
                and is privileged in the Senate and is not debatable.
                The motion is not subject to amendment, or to a motion
                to postpone, or to a motion to proceed to the
                consideration of other business. A motion to reconsider
                the vote by which the motion is agreed to or disagreed
                to shall not be in order. If a motion to proceed to the
                consideration of the resolution is agreed to, the
                resolution shall remain the unfinished business of the
                respective House until disposed of.
                    (B) Debate.--Debate on the resolution, and on all
                debatable motions and appeals in connection therewith,
                shall be limited to not more than 10 hours, which shall
                be divided equally between those favoring and those
                opposing the resolution. A motion further to limit
                debate is in order and not debatable. An amendment to,
                or a motion to postpone, or a motion to proceed to the
                consideration of other business, or a motion to
                recommit the resolution is not in order. A motion to
                reconsider the vote by which the resolution is agreed
                to or disagreed to is not in order.
                    (C) Vote on final passage.--Immediately following
                the conclusion of the debate on the joint resolution of
                disapproval and a single quorum call at the conclusion
                of the debate if requested in accordance with the rules
                of the appropriate House, the vote on final passage of
                the resolution shall occur.
                    (D) Rulings of the chair on procedure.--Appeals
                from the decisions of the Chair relating to the
                application of the rules of the Senate or the House of
                Representatives, as the case may be, to the procedure
                relating to a joint resolution of disapproval shall be
                decided without debate.
            (3) Coordination with action by other house.--If, before
        the passage by one House of a joint resolution of disapproval
        of that House, that House receives from the other House a joint
        resolution of disapproval, then the following procedures shall
        apply:
                    (A) The resolution of the other House shall not be
                referred to a committee.
                    (B) With respect to the joint resolution of
                disapproval of the House receiving the resolution--
                            (i) the procedure in that House shall be
                        the same as if no resolution had been received
                        from the other House; but
                            (ii) the vote on final passage shall be on
                        the resolution of the other House.
            (4) Rules of house of representatives and senate.--This
        subsection is enacted by Congress--
                    (A) as an exercise of the rulemaking power of the
                Senate and House of Representatives, respectively, and
                as such it is deemed a part of the rules of each House,
                respectively, but applicable only with respect to the
                procedure to be followed in that House in the case of a
                joint resolution of disapproval, and it supersedes
                other rules only to the extent that it is inconsistent
                with such rules; and
                    (B) with full recognition of the constitutional
                right of either House to change the rules (so far as
                relating to the procedure of that House) at any time,
                in the same manner and to the same extent as in the
                case of any other rule of that House.
    (c) Rule of Construction.--Nothing in this section shall be
construed as limiting or otherwise affecting the right of any Member of
Congress to introduce a resolution or bill approving, disapproving,
expanding, narrowing, or ending a significant armed conflict.

SEC. 8. TREATIES.

    Nothing in this Act shall be construed as modifying any obligations
of the United States under any treaty or international agreement.

SEC. 9. SEVERABILITY.

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

Output: War Powers Consultation Act of 2014 - States that: (1) the purpose of this Act is to establish a means by which the judgment of both the President and Congress can be brought to bear when deciding whether the United States should engage in a significant armed conflict; and (2) this Act is not meant to define, circumscribe, or enhance the constitutional war powers of either the executive or legislative branch of government. Repeals the War Powers Resolution.  Establishes the Joint Congressional Consultation Committee.  Directs the President to consult with the Committee: (1) regularly regarding significant matters of foreign policy and national security; (2) before ordering the deployment of members of the Armed Forces into a significant armed conflict, particularly regarding the circumstances necessitating the conflict, the objectives, and the conflict's estimated scope and duration; and (3) at least every two months for the duration of any significant armed conflict.  States that, if the President determines that the need for secrecy or other emergency circumstances preclude carrying out such reporting before significant armed conflict is ordered or begins, the President shall do such reporting not later than three days after the beginning of the significant armed conflict. Declares that, within 30 days after the deployment of members of the Armed Forces into a significant armed conflict for which Congress has not enacted a formal declaration of war or otherwise enacted a specific authorization for the use of military force, the chair and vice chair of the Committee shall introduce a joint resolution of approval. Sets forth related congressional procedures, including the introduction of a joint resolution of disapproval if a vote against a resolution of approval's passage has taken place. States that nothing in this Act shall be construed as modifying U.S. obligations under any treaty or international agreement.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Keep Kids in School Act''.

SEC. 2. STATE PLANS.

    Section 1111(c) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6311(c)) is amended--
            (1) in paragraph (13), by striking ``and'' after the
        semicolon;
            (2) in paragraph (14) by striking the period at the end and
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(15) the State educational agency will work with other
        State agencies, local educational agencies, organizations
        representing teachers, administrators, and other school
        personnel, organizations representing parents, and community-
        based programs to reduce suspensions and expulsions in public
        early childhood education programs, as applicable, and
        elementary school and secondary school including by--
                    ``(A) focusing on local educational agencies with a
                high rate of suspensions and expulsions and with a
                disparity between the rates of suspension and expulsion
                for students who are members of the categories
                described in section 1111(h)(1)(C)(ii)(III)(dd), and
                all students at the school;
                    ``(B) expanding professional development provided
                to principals, administrators, teachers, specialized
                instructional support personnel, para-educators, and
                other staff that regularly interact with students, on a
                schoolwide basis, to educate such individuals about
                evidence-based approaches to reduce suspensions and
                expulsions, such as prevention and deescalation
                strategies, conflict resolution, understanding and
                responding to the effects of trauma and violence on
                students, and multi-tiered systems of support that
                include developmentally, culturally, and linguistically
                appropriate positive behavioral interventions for
                students in public early childhood education programs,
                as applicable, and elementary school and secondary
                school; and
                    ``(C) developing a plan to ensure that each student
                who is suspended will receive ongoing educational
                services that will allow the student to successfully
                participate in the student's previous educational
                program upon the student's return to school following a
                suspension.''.

SEC. 3. LOCAL PLANS.

    Section 1112(b)(1) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6312(b)(1)) is amended--
            (1) in subparagraph (P), by striking ``and'' after the
        semicolon;
            (2) is subparagraph (Q), by striking the period at the end
        and inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(R) a description of--
                            ``(i) the actions the local educational
                        agency will take to reduce suspensions and
                        expulsions in public early childhood education
                        programs, as applicable, and elementary school
                        and secondary school; and
                            ``(ii) how the local educational agency
                        will measure progress and benchmarks of
                        improvement in reducing suspensions and
                        expulsions, and the professional development
                        that is necessary to achieve such a reduction,
                        with a particular focus on reducing disparities
                        between the rates of suspension and expulsion
                        for students who are members of the categories
                        described in section 1111(h)(1)(C)(ii)(III)(dd)
                        as compared to such rates for all students at
                        the school;
                    ``(S) an assurance that, in consultation with local
                government agencies, and community-based programs, if
                applicable, the local educational agency will provide a
                report on--
                            ``(i) the professional development provided
                        to principals, administrators, teachers,
                        specialized instructional support personnel,
                        para-educators, and other staff that regularly
                        interact with students on evidence-based
                        approaches to reduce suspensions and expulsions
                        for students in public school, which may
                        include prevention and deescalation strategies,
                        conflict resolution, understanding and
                        responding to the effects of trauma and
                        violence on students, and multi-tiered systems
                        of support that include developmentally,
                        culturally, and linguistically appropriate
                        positive behavioral interventions; and
                            ``(ii) a description of how the local
                        educational agency will ensure that each
                        student who is suspended will receive ongoing
                        educational services that will allow the
                        student to successfully participate in the
                        student's previous educational program upon the
                        student's return to school following a
                        suspension;
                    ``(T) an assurance that each school served by the
                local educational agency will make publicly available,
                the school's individual suspension and expulsion
                policy, or the suspension and expulsion policy of the
                local educational agency that serves the school, if
                such policy operates on the local educational agency
                level; and
                    ``(U) an assurance that each school served by the
                local educational agency will make available, upon
                request, information about the behavior that resulted
                in each suspension or expulsion that was issued to a
                student at the school.''.

SEC. 4. REPORTING.

    (a) LEA Report.--Section 1111(h)(2)(B) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6311(h)(2)(B)) is amended by
striking clause (ii) and inserting the following:
                            ``(ii) in the case of a school--
                                    ``(I) whether the school has been
                                identified for school improvement;
                                    ``(II) information that shows how
                                the school's students achievement on
                                the statewide academic assessments and
                                other indicators of adequate yearly
                                progress compared to students in the
                                local educational agency and the State
                                as a whole; and
                                    ``(III) information about
                                suspensions and expulsions, including--
                                            ``(aa) the number of
                                        suspensions and expulsions;
                                            ``(bb) the length of each
                                        suspension;
                                            ``(cc) the number of
                                        children suspended and the
                                        number of children suspended
                                        more than once;
                                            ``(dd) the number of police
                                        arrests and referrals to law
                                        enforcement of students,
                                        disaggregated by grade, race,
                                        ethnicity, gender, disability
                                        status (in accordance with
                                        section 602 of the Individuals
                                        with Disabilities Education
                                        Act), migrant status, English
                                        proficiency status, and status
                                        as economically disadvantaged;
                                            ``(ee) the number of times
                                        multiple suspensions were
                                        issued for the same student for
                                        the same offense;
                                            ``(ff) the number of times
                                        a student is transferred as
                                        part of a disciplinary removal
                                        to an alternative educational
                                        setting, disaggregated by the
                                        categories described in
                                        subclause (IV);
                                            ``(gg) the percentage of
                                        the student population that was
                                        suspended or expelled,
                                        disaggregated by the groups
                                        described in item (dd); and
                                            ``(hh) information on the
                                        professional development and
                                        implementation support provided
                                        to principals, administrators,
                                        teachers, and other appropriate
                                        staff on schoolwide evidence-
                                        based approaches, such as those
                                        described in section
                                        1111(c)(15) to reduce
                                        suspensions and expulsions in
                                        public early childhood
                                        education programs, as
                                        applicable, and elementary
                                        school and secondary school.''.
    (b) State Report.--Section 1111(h)(1)(C) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6311(h)(1)(C)) is amended--
            (1) by redesignating clause (vii) and (viii) as clause
        (viii) and (ix), respectively; and
            (2) by inserting after clause (vi) the following;
                            ``(vii) the information described in
                        paragraph (2)(B)(ii)(III), as applicable,
                        aggregated to reflect the State as a whole;''.

SEC. 5. RESERVATION OF FUNDS FOR SCHOOL IMPROVEMENT.

    Section 4121 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7131) is amended--
            (1) in subsection (a) by inserting ``, and not reserved
        under subsection (c)'' after ``carry out this subpart under
        section 4003(2),'';
            (2) in subsection (b), by striking this section and
        inserting subsection (a); and
            (3) by adding at the end the following:
    ``(c) Reservation of Funds for School Discipline.--
            ``(1) In general.--No less than 7.5 percent of the funds
        made available to carry out this subpart under section 4003(2)
        shall be reserved for the Secretary to make grants to the 50
        local educational agencies with an approved application that
        have the highest rates of suspension and expulsion and the
        greatest disparity between the rates of suspension and
        expulsion for students who are members of the categories
        described in section 1111(h)(1)(C)(ii)(III)(dd), and all
        students at the school, as determined by the Secretary.
            ``(2) Allocation of funds.--The Secretary shall allocate
        the funds described in paragraph (1) among such local
        educational agencies in a manner determined by the Secretary.
            ``(3) Application.--In order to receive funds under this
        subsection, a local educational agency shall submit a plan to
        the Secretary in such form and containing such information as
        the Secretary may reasonably require and shall include a
        description of how the local educational agency will use the
        funds awarded under this subsection for the professional
        development of principals, administrators, teachers,
        specialized instructional support personnel, para-educators,
        school resource officers, and school police to reduce
        suspensions and expulsions.
            ``(4) Eligible activities.--A local educational agency
        receiving funds under this subsection may use such funds to
        carry out one or more of the following activities:
                    ``(A) training on developmentally, culturally, and
                linguistically appropriate prevention and deescalation
                strategies;
                    ``(B) implementing positive behavioral intervention
                systems;
                    ``(C) implementing tiered disciplinary systems;
                    ``(D) carrying out training on conflict resolution
                and restorative justice;
                    ``(E) hiring additional school-based mental health
                services providers; and
                    ``(F) carrying out other evidence-based approaches
                to reducing school suspensions and expulsions.
            ``(5) Report.--
                    ``(A) Reports to the secretary.--At the conclusion
                of each grant period, each local educational agency
                that receives a grant under this subsection shall
                prepare and submit a report to the Secretary on the
                uses for the funding received as well as the techniques
                used by the local educational agency to reduce
                suspensions and expulsions.
                    ``(B) Report on best practices.--The Secretary
                shall publish and make publicly available an annual
                report on the best practices for State educational
                agencies and local educational agencies to reduce the
                use of suspensions and expulsions, and may include
                information from the reports described in subparagraph
                (A).''.

SEC. 6. DEFINITIONS.

    Section 9101 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7801) is amended by adding at the end the following:
            ``(44) Suspension.--The term `suspension' means an instance
        in which a student, including a student with a disability, is
        temporarily removed from the student's regular educational
        setting for disciplinary purposes to another setting (such as
        home, a behavior center, or an interim alternative educational
        setting, which may be at the school), regardless of whether the
        student receives educational or other services from the school
        in that setting.
            ``(45) Expulsion.--The term `expulsion' means an action
        taken by the local educational agency removing a student from
        the student's regular school for disciplinary purposes for the
        remainder of the school year or longer, in accordance with
        local educational agency policy, and includes any removal from
        school, or modified removal, of a student of a period of less
        than 1 year, as required by State law in accordance with
        section 4141.''.

SEC. 7. STATE AND LOCAL USES OF FUNDS FOR PROFESSIONAL DEVELOPMENT.

    (a) State Use of Funds.--Section 2113(c) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6613(c)) is amended by
adding at the end the following:
            ``(19) Encouraging and supporting local educational
        agencies in providing professional development to teachers,
        administrators, other school personnel, and school leaders in
        ways to reduce the use of suspensions and expulsions,
        especially when resulting in disparities between the rates of
        suspension and expulsion for students who are members of the
        categories described in section 1111(h)(1)(C)(ii)(III)(dd) as
        compared to such rates for all students at the school, which
        may include developing tools such as developmentally,
        culturally, and linguistically appropriate prevention and
        deescalation strategies, positive behavioral intervention
        systems, tiered disciplinary systems, conflict resolution and
        restorative justice, and other evidence-based approaches.''.
    (b) Local Use of Funds.--Section 2123(a)(3)(B) of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 6623(a)(3)(B)) is
amended--
            (1) in the matter preceding clause (i), by striking
        ``teachers and principals and, in appropriate cases,
        paraprofessionals,'' and inserting ``teachers, administrators,
        other personnel, and school leaders'';
            (2) by redesignating clauses (iii) through (v) as clauses
        (iv) through (vi), respectively; and
            (3) by inserting after clause (ii) the following:
                            ``(iii) provide professional development
                        regarding ways to reduce the use of suspensions
                        and expulsions, especially when resulting in
                        disparities between the rates of suspension and
                        expulsion for students who are members of the
                        categories described in section
                        1111(h)(1)(C)(ii)(III)(dd) as compared to such
                        rates for all students at the school, which may
                        include developing tools or establishing
                        school-level teams that are well-versed and
                        familiar with tools such as developmentally,
                        culturally, and linguistically appropriate
                        prevention and deescalation strategies,
                        positive behavioral intervention systems,
                        tiered disciplinary systems, conflict
                        resolution, and other evidence-based
                        approaches;''.

Output: Keep Kids in School Act Amends the school improvement program under part A of title I of the Elementary and Secondary Education Act of 1965 (ESEA) to require state school improvement plans to contain assurances that the state will work with other education stakeholders to reduce suspensions and expulsions in public preschool programs and public elementary and secondary schools. Requires the school improvement plans of local educational agencies (LEAs) to include:  a description of the actions the LEA will take to reduce suspensions and expulsions and how the LEA will measure their success in doing so; an assurance that the LEA will report on the training provided to school staff to reduce suspensions and expulsions and how suspended students will receive ongoing educational services that enable them to resume their previous studies upon returning to school; an assurance that each of the LEA's schools will make publicly available its suspension and expulsion policy or the LEA's policy if the policy operates on the LEA level; and an assurance that each of the LEA's schools will make available, upon request, information about the behavior that resulted in each suspension or expulsion.  Requires the annual state and local report cards to include specified information concerning school suspensions and expulsions, including the training and support provided to school staff to reduce those disciplinary actions. Reserves a portion of the funds under part A (Safe and Drug-Free Schools and Communities) of title IV of the ESEA for grants to the 50 LEAs with an approved application that have the highest suspension and expulsion rates and the greatest disparity in those rates for specified student subgroups and the student body as a whole. Allows those grants to be used for:  training on developmentally, culturally, and linguistically appropriate prevention and de-escalation strategies; positive behavioral intervention systems; tiered disciplinary systems; training on conflict resolution and restorative justice; hiring additional school-based mental health services providers; and other evidence-based approaches to reducing school suspensions and expulsions.  Authorizes LEAs to use their subgrants under part A (Teacher and Principal Training and Recruiting Fund) of title II of the ESEA to provide school personnel with training on ways to reduce the use of suspensions and expulsions, especially when those actions result in disparities between the suspension and expulsion rates for specified student subgroups and the student body as a whole.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Northern Border Regional Commission
Reauthorization Act of 2018''.

SEC. 2. ADMINISTRATIVE EXPENSES OF REGIONAL COMMISSIONS.

    Section 15304(c)(3)(A) of title 40, United States Code, is amended
by striking ``unanimous'' and inserting ``majority''.

SEC. 3. ECONOMIC AND INFRASTRUCTURE DEVELOPMENT GRANTS.

    Section 15501 of title 40, United States Code, is amended--
            (1) in subsection (a)--
                    (A) in paragraph (7), by striking ``and'' at the
                end;
                    (B) by redesignating paragraph (8) as paragraph
                (9); and
                    (C) by inserting after paragraph (7) the following:
            ``(8) to grow the capacity for successful community
        economic development in its region; and'';
            (2) in subsection (b), by striking ``paragraphs (1) through
        (3)'' and inserting ``paragraph (1), (2), (3), or (7)''; and
            (3) in subsection (f), by striking the period at the end
        and inserting ``, except that financial assistance may be used
        as otherwise authorized by this subtitle to attract businesses
        to the region from outside the United States.''.

SEC. 4. STATE CAPACITY BUILDING GRANT PROGRAM.

    (a) Definitions.--In this section:
            (1) Commission.--The term ``Commission'' means the Northern
        Border Regional Commission established by section 15301(a)(3)
        of title 40, United States Code.
            (2) Commission state.--The term ``Commission State'' means
        each of the States of Maine, New Hampshire, New York, and
        Vermont.
            (3) Eligible county.--The term ``eligible county'' means a
        county described in section 15733 of title 40, United States
        Code.
            (4) Program.--The term ``program'' means the State capacity
        building grant program established under subsection (b).
    (b) Establishment.--Not later than 180 days after the date of
enactment of this Act, the Commission shall establish a State capacity
building grant program to provide grants to Commission States to carry
out the purpose under subsection (c).
    (c) Purpose.--The purpose of the program is to support the efforts
of Commission States--
            (1) to better support business retention and expansion in
        eligible counties;
            (2) to create programs to encourage job creation and
        workforce development;
            (3) to prepare economic and infrastructure plans for
        eligible counties;
            (4) to expand access to high-speed broadband;
            (5) to encourage initiatives that drive investments in
        transportation, water, wastewater, and other critical
        infrastructure;
            (6) to create initiatives to increase the effectiveness of
        local or regional economic developers; and
            (7) to implement new or innovative economic development
        practices that will better position the Commission States to
        compete in the global economy.
    (d) Use of Funds.--
            (1) In general.--Funds from a grant under the program may
        be used to support a project, program, or expense of the
        Commission State in an eligible county.
            (2) Limitation.--Funds from a grant under the program shall
        not be used for--
                    (A) the purchase of furniture, fixtures, or
                equipment; or
                    (B) the compensation of--
                            (i) any State member of the Commission (as
                        described in section 15301(b)(1)(B) of title
                        40, United States Code); or
                            (ii) any State alternate member of the
                        Commission (as described in section
                        15301(b)(2)(B) of title 40, United States
                        Code).
    (e) Annual Work Plan.--
            (1) In general.--For each fiscal year, before providing a
        grant under the program, each Commission State shall provide to
        the Commission an annual work plan that includes the proposed
        use of the grant.
            (2) Approval.--No grant under the program shall be provided
        to a Commission State unless the Commission has approved the
        annual work plan of the State.
    (f) Amount of Grant.--
            (1) In general.--The amount of a grant provided to a
        Commission State under the program shall be an amount equal to
        the share of the State of administrative expenses of the
        Commission for a fiscal year (as determined under section
        15304(c) of title 40, United States Code).
            (2) Approval.--For each fiscal year, a grant provided under
        the program shall be approved and made available as part of the
        approval of the annual budget of the Commission.
    (g) Grant Availability.--Funds from a grant under the program shall
be available only during the fiscal year for which the grant is
provided.
    (h) Report.--Each fiscal year, each Commission State shall submit
to the Commission and make publicly available a report that describes
the use of the grant funds and the impact of the program in the State.
    (i) Funding.--
            (1) In general.--There is authorized to be appropriated
        such sums as the Commission determines to be necessary, subject
        to the condition that the Commission may use not more than
        $5,000,000 to carry out this section for any fiscal year.
            (2) Supplement, not supplant.--Funds made available to
        carry out this section shall supplement and not supplant funds
        made available for the Commission and other activities of the
        Commission.

SEC. 5. NORTHERN BORDER REGIONAL COMMISSION.

    Section 15733 of title 40, United States Code, is amended--
            (1) in paragraph (2)--
                    (A) by inserting ``Belknap,'' before ``Carroll,'';
                and
                    (B) by inserting ``Cheshire,'' before ``Coos,'';
                and
            (2) in paragraph (4)--
                    (A) by inserting ``Addison, Bennington,'' before
                ``Caledonia,'';
                    (B) by inserting ``Chittenden,'' before ``Essex,'';
                    (C) by striking ``and'' and inserting ``Orange,''
                and
                    (D) by inserting ``, Rutland, Washington, Windham,
                and Windsor'' after ``Orleans''.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    Section 15751(a) of title 40, United States Code, is amended by
striking ``2018'' and inserting ``2023''.

SEC. 7. TECHNICAL AMENDMENTS.

    Chapters 1, 2, 3, and 4 of subtitle V of title 40, United States
Code, are redesignated as chapters 151, 153, 155, and 157,
respectively.

Output: Northern Border Regional Commission Reauthorization Act of 2018 This bill reauthorizes through FY2023 each of the Southeast Crescent Regional Commission, the Southwest Border Regional Commission, and the Northern Border Regional Commission. The bill revises the process for determining the share of the commissions' administrative expenses payable by each state.  A commission may make economic and infrastructure development grants to states and local governments, Indian tribes, and public nonprofit organizations for projects to grow the capacity for successful community economic development in its region. A commission must include the development of renewable and alternative energy sources in the categories to which at least 40% of economic and infrastructure development grant amounts are allocated.  Such grants may be used to attract businesses to a region from outside of the United States.  The Northern Border Regional Commission shall establish a state capacity building grant program to furnish grants to Maine, New Hampshire, New York, and Vermont for specified efforts that include support of business retention and expansion in eligible counties and establishment of programs to encourage job creation and workforce development.  The bill adds to such commission:   Belknap and Cheshire Counties in New Hampshire; and   Addison, Bennington, Chittenden, Orange, Rutland, Washington, Windham, and Windsor Counties in Vermont.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Duchesne City Water Rights
Conveyance Act''.

SEC. 2. FINDINGS.

    The Congress finds the following:
        (1) In 1861, President Lincoln established the Uintah Valley
    Reservation by Executive order. The Congress confirmed the
    Executive order in 1864 (13 Stat. 63), and additional lands were
    added to form the Uintah Indian Reservation (now known as the
    Uintah and Ouray Indian Reservation).
        (2) Pursuant to subsequent Acts of Congress, lands were
    allotted to the Indians of the reservation, and unallotted lands
    were restored to the public domain to be disposed of under
    homestead and townsite laws.
        (3) In July 1905, President Theodore Roosevelt reserved lands
    for the townsite for Duchesne, Utah, by Presidential proclamation
    and pursuant to the applicable townsite laws.
        (4) In July 1905, the United States, through the Acting United
    States Indian Agent in Behalf of the Indians of the Uintah Indian
    Reservation, Utah, filed two applications, 43-180 and 43-203, under
    the laws of the State of Utah to appropriate certain waters.
        (5) The stated purposes of the water appropriation applications
    were, respectively, ``for irrigation and domestic supply for
    townsite purposes in the lands herein described'', and ``for the
    purpose of irrigating Indian allotments on the Uintah Indian
    Reservation, Utah, * * * and for an irrigating and domestic water
    supply for townsite purposes in the lands herein described''.
        (6) The United States subsequently filed change applications
    which provided that the entire appropriation would be used for
    municipal and domestic purposes in the town of Duchesne, Utah.
        (7) The State Engineer of Utah approved the change
    applications, and the State of Utah issued water right
    certificates, identified as Certificate Numbers 1034 and 1056, in
    the name of the United States Indian Service in 1921, pursuant to
    the applications filed, for domestic and municipal uses in the town
    of Duchesne.
        (8) Non-Indians settled the town of Duchesne, and the
    inhabitants have utilized the waters appropriated by the United
    States for townsite purposes.
        (9) Pursuant to title V of Public Law 102-575, Congress
    ratified the quantification of the reserved waters rights of the
    Ute Indian Tribe, subject to reratification of the water compact by
    the State of Utah and the Tribe.
        (10) The Ute Indian Tribe does not oppose legislation that will
    convey the water rights appropriated by the United States in 1905
    to the city of Duchesne because the appropriations do not serve the
    purposes, rights, or interests of the Tribe or its members, because
    the full amount of the reserved water rights of the Tribe will be
    quantified in other proceedings, and because the Tribe and its
    members will receive substantial benefits through such legislation.
        (11) The Secretary of the Interior requires additional
    authority in order to convey title to those appropriations made by
    the United States in 1905 in order for the city of Duchesne to
    continue to enjoy the use of those water rights and to provide
    additional benefits to the Ute Indian Tribe and its members as
    originally envisioned by the 1905 appropriations.

SEC. 3. CONVEYANCE OF WATER RIGHTS TO DUCHESNE CITY, UTAH.

    (a) Conveyance.--The Secretary of the Interior, as soon as
practicable after the date of the enactment of this Act, and in
accordance with all applicable law, shall convey to Duchesne City,
Utah, or a water district created by Duchesne City, all right, title,
and interest of the United States in and to those water rights
appropriated under the laws of the State of Utah by the Department of
the Interior's United States Indian Service and identified as Water
Rights Nos. 43-180 (Certificate No. 1034) and 43-203 (Certificate No.
1056) in the records of the State Engineer of Utah.
    (b) Required Terms.--
        (1) In general.--As terms of any conveyance under subsection
    (a), the Secretary shall require that Duchesne City--
            (A) shall allow the Ute Indian Tribe of the Uintah and
        Ouray Reservation, its members, and any person leasing or
        utilizing land that is held in trust for the Tribe by the
        United States and is located within the Duchesne City water
        service area (as such area may be adjusted from time to time),
        to connect to the Duchesne City municipal water system;
            (B) shall not require such tribe, members, or person to pay
        any water impact, connection, or similar fee for such
        connection; and
            (C) shall not require such tribe, members, or person to
        deliver or transfer any water or water rights for such
        connection.
        (2) Limitation.--Paragraph (1) shall not be construed to
    prohibit Duchesne City from charging any person that connects to
    the Duchesne City municipal water system pursuant to paragraph (1)
    reasonable, customary, and nondiscriminatory fees to recover costs
    of the operation and maintenance of the water system to treat,
    transport, and deliver water to the person.

SEC. 4. WATER RIGHTS.

    (a) No Relinquishment or Reduction.--Except as provided in section
3, nothing in this Act may be construed as a relinquishment or
reduction of any water rights reserved, appropriated, or otherwise
secured by the United States in the State of Utah on or before the date
of the enactment of this Act.
    (b) No Precedent.--Nothing in this Act may be construed as
establishing a precedent for conveying or otherwise transferring water
rights held by the United States.

SEC. 5. TRIBAL RIGHTS.

    Nothing in this Act may be construed to affect or modify any treaty
or other right of the Ute Indian Tribe or any other Indian tribe.

                               Speaker of the House of Representatives.

                            Vice President of the United States and
                                               President of the Senate.

Output: Directs the Secretary to require as terms of any such conveyance that the City: (1) allow the Ute Indian Tribe of the Uintah and Ouray Reservation, its members, and any person leasing or utilizing land that is held in trust for the Tribe and is located within the water service area of the City to connect to the City's municipal water system; and (2) not require such tribe, members, or person to pay any water impact, connection, or similar fee or to deliver or transfer any water or water rights for such connection (but permits charging any person that connects to the City's municipal water system reasonable and customary fees for system operation and maintenance costs to treat, transport, and deliver water). Provides that nothing in this Act may be construed: (1) as a relinquishment or reduction of any water rights secured by the United States in Utah; and (2) to affect or modify any treaty or other right of the Tribe or any other Indian tribe.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Tax Relief for Transportation
Workers Act of 2008''.

SEC. 2. REFUNDABLE CREDIT FOR OBTAINING TRANSPORTATION WORKER
              IDENTIFICATION CREDENTIALS.

    (a) In General.--Subpart C of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to refundable credits)
is amended by redesignating section 36 as section 37 and by inserting
after section 35 the following new section:

``SEC. 36. TRANSPORTATION WORKER IDENTIFICATION CREDENTIALS.

    ``(a) Allowance of Credit.--In the case of an individual, there
shall be allowed as a credit against the tax imposed by this chapter
for the taxable year an amount equal to the qualified expenses paid or
incurred in obtaining a valid transportation worker identification
credential.
    ``(b) Limitation.--
            ``(1) In general.--The amount allowed as a credit under
        subsection (a) for a taxable year shall not exceed the sum of
        the taxpayer's regular tax liability and Social Security taxes
        for the taxable year.
            ``(2) Regular tax liability and social security taxes
        defined.--For purposes of paragraph (1), the term `regular tax
        liability' has the meaning given such term by section 26(b) and
        the term `Social Security taxes' has the meaning given such
        term by section 24(d)(2).
    ``(c) Definitions.--For purposes of this section--
            ``(1) Qualified expenses.--The term `qualified expenses'
        includes--
                    ``(A) any fee imposed under section 70105 of title
                46, United States Code, and
                    ``(B) 40 percent of reasonable legal expenses and
                any other expense reasonably incurred in obtaining a
                valid transportation worker identification credential.
            ``(2) Transportation worker identification credential.--The
        term `transportation worker identification credential' means
        the credential issued under section 70105 of title 46, United
        States Code.
    ``(d) Denial of Double Benefit.--No credit shall be allowed under
subsection (a) for any expense for which a deduction is allowed under
any other provision of this chapter.''.
    (b) Conforming Amendments.--
            (1) Paragraph (2) of section 1324(b) of title 31, United
        States Code, is amended by inserting before the period ``or
        from section 36 of such Code''.
            (2) The table of sections for subpart C of part IV of
        subchapter A of chapter 1 of such Code is amended by striking
        the item relating to section 36 and inserting the following new
        items:

``Sec. 36. Transportation worker identification credentials.
``Sec. 37. Overpayments of tax.''.
    (c) Effective Date.--The amendments made by this section shall
apply to expenses paid or incurred before, on, or after the date of the
enactment of this Act.

SEC. 3. DEDUCTION FOR OBTAINING TRANSPORTATION WORKER IDENTIFICATION
              CREDENTIALS ON BEHALF OF EMPLOYEES.

    (a) In General.--Part VI of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 (relating to itemized deductions for
individuals and corporations) is amended by adding at the end the
following new section:

``SEC. 200. TRANSPORTATION WORKER IDENTIFICATION CREDENTIALS OBTAINED
              ON BEHALF OF EMPLOYEES.

    ``(a) Allowance of Credit.--In the case of an employer, there shall
be allowed as a deduction an amount equal to 40 percent of the
aggregate qualified expenses paid or incurred in obtaining valid
transportation worker identification credentials on behalf of its
employees.
    ``(b) Definitions.--For purposes of this section--
            ``(1) Qualified expenses.--The term `qualified expenses'
        includes--
                    ``(A) any fee imposed under section 70105 of title
                46, United States Code, and
                    ``(B) reasonable legal expenses and any other
                expenses reasonably incurred in obtaining a valid
                transportation worker identification credential.
            ``(2) Transportation worker identification credential.--The
        term `transportation worker identification credential' means
        the credential issued under section 70105 of title 46, United
        States Code.
            ``(3) Employee.--The term `employee' has the same meaning
        as when used within the meaning of section 401(c)(1).
    ``(c) Election to Not Take Deduction.--No deduction shall be
allowed under subsection (a) for any expense if the taxpayer elects not
to have this section apply to such expense.''.
    (b) Clerical Amendment.--The table of sections for part VI of
subchapter B of chapter 1 of such Code is amended by inserting at the
end the following new item:

``Sec. 200. Transportation worker identification credentials obtained
                            on behalf of employees.''.
    (c) Effective Date.--The amendments made by this section shall
apply to amounts paid or incurred after the date of the enactment of
this Act.

Output: Tax Relief for Transportation Workers Act of 2008 - Amends the Internal Revenue Code to allow: (1) individuals a refundable tax credit for the qualified expenses incurred in obtaining a transportation worker identification credential; and (2) employers a deduction equal to 40% of the aggregate qualified expenses paid or incurred in obtaining such credentials on behalf of their employees.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``FDA Regulatory Efficiency Act''.

SEC. 2. THIRD-PARTY QUALITY SYSTEM ASSESSMENT.

    (a) Establishment of Third-Party Quality System Assessment
Program.--Chapter V of the Federal Food, Drug, and Cosmetic Act is
amended by inserting after section 524A (21 U.S.C. 360n-1) the
following:

``SEC. 524B. THIRD-PARTY QUALITY SYSTEM ASSESSMENT.

    ``(a) Accreditation and Assessment.--
            ``(1) In general; certification of device quality system.--
        The Secretary shall, in accordance with this section, establish
        a third-party quality system assessment program--
                    ``(A) to accredit persons to assess whether a
                requestor's quality system, including its design
                controls, can reasonably assure the safety and
                effectiveness of in-scope devices subject to device-
                related changes;
                    ``(B) under which accredited persons shall (as
                applicable) certify that a requestor's quality system
                meets the criteria included in the guidance issued
                under paragraph (5) with respect to the in-scope
                devices at issue; and
                    ``(C) under which the Secretary shall rely on such
                certifications for purposes of determining the safety
                and effectiveness (or as applicable, substantial
                equivalence) of in-scope devices subject to the device-
                related changes involved, in lieu of compliance with
                the following submission requirements:
                            ``(i) A premarket notification.
                            ``(ii) A 30-day notice.
                            ``(iii) A Special PMA Supplement.
            ``(2) Definitions.--For purposes of this section--
                    ``(A) the term `device-related changes' means
                changes made by a requestor with respect to in-scope
                devices, which are--
                            ``(i) changes to a device found to be
                        substantially equivalent under subsections
                        (f)(1) and (i) of section 513 to a predicate
                        device, that--
                                    ``(I) would otherwise be subject to
                                a premarket notification; and
                                    ``(II) do not alter--
                                            ``(aa) the intended use of
                                        the changed device; or
                                            ``(bb) the fundamental
                                        scientific technology of such
                                        device;
                            ``(ii) manufacturing changes subject to a
                        30-day notice;
                            ``(iii) changes that qualify for a Special
                        PMA Supplement; and
                            ``(iv) such other changes relating to the
                        devices or the device manufacturing process as
                        the Secretary determines appropriate;
                    ``(B) the term `in-scope device' means a device
                within the scope of devices agreed to by the requestor
                and the accredited person for purposes of a request for
                certification under this section;
                    ``(C) the term `premarket notification' means a
                premarket notification under section 510(k);
                    ``(D) the term `quality system' means the methods
                used in, and the facilities and controls used for, the
                design, manufacture, packaging, labeling, storage,
                installation, and servicing of devices, as described in
                section 520(f);
                    ``(E) the term `requestor' means a device
                manufacturer that is seeking certification under this
                section of a quality system used by such manufacturer;
                    ``(F) the term `Special PMA Supplement' means a PMA
                supplement under section 814.39(d) of title 21, Code of
                Federal Regulations (or any successor regulations); and
                    ``(G) the term `30-day notice' means a notice
                described in section 515(d)(5)(A)(ii).
            ``(3) Accreditation process; accreditation renewal.--Except
        as inconsistent with this section, the process and
        qualifications for accreditation of persons and renewal of such
        accreditation under section 704(g) shall apply with respect to
        accreditation of persons and renewal of such accreditation
        under this section.
            ``(4) Use of accredited parties to conduct assessments.--
                    ``(A) Initiation of assessment services.--
                            ``(i) Date assessments authorized.--
                        Beginning after the date on which the final
                        guidance is issued under paragraph (5), an
                        accredited person may conduct an assessment
                        under this section.
                            ``(ii) Initiation of assessments.--Use of
                        one or more accredited persons to assess a
                        requestor's quality system under this section
                        with respect to in-scope devices shall be at
                        the initiation of the person who registers and
                        lists the devices at issue under section 510.
                    ``(B) Compensation.--Compensation for such
                accredited persons shall--
                            ``(i) be determined by agreement between
                        the accredited person and the person who
                        engages the services of the accredited person;
                        and
                            ``(ii) be paid by the person who engages
                        such services.
                    ``(C) Accredited person selection.--Each person who
                chooses to use an accredited person to assess a
                requestor's quality system, as described in this
                section, shall select the accredited person from a list
                of such persons published by the Secretary in
                accordance with section 704(g)(4).
            ``(5) Guidance; criteria for certification.--
                    ``(A) In general.--The criteria for certification
                of a quality system under this section shall be as
                specified by the Secretary in guidance issued under
                this paragraph.
                    ``(B) Contents; criteria.--The guidance under this
                paragraph shall include specification of--
                            ``(i) evaluative criteria to be used by an
                        accredited person to assess and, as applicable,
                        certify a requestor's quality system under this
                        section with respect to in-scope devices; and
                            ``(ii) criteria for accredited persons to
                        apply for a waiver of, and exemptions from, the
                        criteria under clause (i).
                    ``(C) Timeframe for issuing guidance.--The
                Secretary shall issue under this paragraph--
                            ``(i) draft guidance not later than 12
                        months after the enactment of the FDA
                        Regulatory Efficiency Act; and
                            ``(ii) final guidance not later than 12
                        months after issuance of the draft guidance
                        under clause (i).
    ``(b) Use of Third-Party Assessment.--
            ``(1) Assessment summary; certification.--
                    ``(A) Submission of assessment to secretary.--An
                accredited person who assesses a requestor's quality
                system under subsection (a) shall submit to the
                Secretary a summary of the assessment--
                            ``(i) within 30 days of the assessment; and
                            ``(ii) which shall include (as
                        applicable)--
                                    ``(I) the accredited person's
                                certification that the requestor has
                                satisfied the criteria specified in the
                                guidance issued under subsection (a)(5)
                                for quality system certification with
                                respect to the in-scope devices at
                                issue; and
                                    ``(II) any waivers or exemptions
                                from such criteria applied by the
                                accredited person.
                    ``(B) Treatment of assessments.--Subject to action
                by the Secretary under subparagraph (C), with respect
                to assessments which include a certification under this
                section--
                            ``(i) the Secretary's review of the
                        assessment summary shall be deemed complete on
                        the day that is 30 days after the date on which
                        the Secretary receives the summary under
                        subparagraph (A); and
                            ``(ii) the assessment summary and
                        certification of the quality system of a
                        requestor shall be deemed accepted by the
                        Secretary on such 30th day.
                    ``(C) Actions by secretary.--
                            ``(i) In general.--Within 30 days of
                        receiving an assessment summary and
                        certification under subparagraph (A), the
                        Secretary may, by written notice to the
                        accredited person submitting such assessment
                        certification, deem any such certification to
                        be provisional beyond such 30-day period,
                        suspended pending further review by the
                        Secretary, or otherwise qualified or cancelled,
                        based on the Secretary's determination that (as
                        applicable)--
                                    ``(I) additional information is
                                needed to support such certification;
                                    ``(II) such assessment or
                                certification is unwarranted; or
                                    ``(III) such action with regard to
                                the certification is otherwise
                                justified according to such factors and
                                criteria as the Secretary finds
                                appropriate.
                            ``(ii) Acceptance of certification.--If
                        following action by the Secretary under clause
                        (i) with respect to a certification, the
                        Secretary determines that such certification is
                        acceptable, the Secretary shall issue written
                        notice to the applicable accredited person
                        indicating such acceptance.
            ``(2) Notifications to secretary by certified requestors or
        accredited persons for program evaluation purposes.--
                    ``(A) Annual summary report for device-related
                changes otherwise subject to premarket notification.--A
                requestor whose quality system is certified under this
                section that effectuates device-related changes with
                respect to in-scope devices, without prior submission
                of a premarket notification, shall ensure that an
                annual summary report is submitted to the Secretary by
                the accredited person which--
                            ``(i) describes the changes made to the in-
                        scope device; and
                            ``(ii) indicates the effective dates of
                        such changes.
                    ``(B) Periodic notification for manufacturing
                changes otherwise subject to 30-day notice.--A
                requestor whose quality system is certified under this
                section that effectuates device-related changes with
                respect to in-scope devices, without prior submission
                of a 30-day notice, shall provide notification to the
                Secretary of such changes in the requestor's next
                periodic report under section 814.84(b) of title 21,
                Code of Federal Regulations (or any successor
                regulation). Such notification shall--
                            ``(i) describe the changes made; and
                            ``(ii) indicate the effective dates of such
                        changes.
                    ``(C) Periodic notification for device-related
                changes otherwise subject to special pma supplement.--A
                requestor whose quality system is certified under this
                section that effectuates device-related changes with
                respect to in-scope devices, without prior submission
                of a Special PMA Supplement, shall provide notification
                to the Secretary of such changes in the requestor's
                next periodic report under section 814.84(b) of title
                21, Code of Federal Regulations (or any successor
                regulation). Such notification shall--
                            ``(i) describe the changes made, including
                        a full explanation of the basis for the
                        changes; and
                            ``(ii) indicate the effective dates of such
                        changes.
                    ``(D) Use of notifications for program evaluation
                purposes.--Information submitted to the Secretary under
                subparagraphs (A) through (C) shall be used by the
                Secretary for purposes of the program evaluation under
                subsection (e)(1).
    ``(c) Duration and Effect of Certification.--A certification under
this section--
            ``(1) shall remain in effect for a period of 2 years from
        the date such certification is accepted by the Secretary,
        subject to paragraph (6);
            ``(2) may be renewed through the process described in
        subsection (a)(3);
            ``(3) shall continue to apply with respect to device-
        related changes made during such 2-year period, provided the
        certification remains in effect, irrespective of whether such
        certification is renewed after such 2-year period;
            ``(4) shall have no effect on the need to comply with
        applicable submission requirements specified in subsection
        (a)(1)(C) with respect to any change pertaining to in-scope
        devices which is not a device-related change under subsection
        (a)(2);
            ``(5) shall have no effect on the authority of the
        Secretary to conduct an inspection or otherwise determine
        whether the requestor has complied with the applicable
        requirements of this Act; and
            ``(6) may be revoked by the Secretary upon a determination
        that the requestor's quality system no longer meets the
        criteria specified in the guidance issued under subsection
        (a)(5) with respect to the in-scope devices at issue.
    ``(d) Notice of Revocation.--The Secretary shall provide written
notification to the requestor of a revocation pursuant to subsection
(c)(6) not later than 10 business days after the determination
described in such subsection. Upon receipt of the written notification,
the requestor shall satisfy the applicable submission requirements
specified in subsection (a)(1)(C) for any device-related changes
effectuated after the date of such determination. After such
revocation, such requestor is eligible to seek re-certification under
this section of its quality system.
    ``(e) Program Evaluation; Sunset.--
            ``(1) Program evaluation and report.--
                    ``(A) Evaluation.--The Secretary shall complete an
                evaluation of the third-party quality system assessment
                program under this section not later than January 31,
                2021, based on--
                            ``(i) analysis of information from a
                        representative group of device manufacturers
                        obtained from notifications provided by
                        certified requestors or accredited persons
                        under subsection (b)(2); and
                            ``(ii) such other available information and
                        data as the Secretary determines appropriate.
                    ``(B) Report.--Not later than 1 year after
                completing the evaluation under subparagraph (A), the
                Secretary shall issue a report of the evaluation's
                findings on the website of the Food and Drug
                Administration, which shall include the Secretary's
                recommendations with respect to continuation and as
                applicable expansion of the program under this section
                to encompass--
                            ``(i) device submissions beyond those
                        identified in subsection (a)(1)(C); and
                            ``(ii) device changes beyond those
                        described in subsection (a)(2)(A).
            ``(2) Sunset.--This section shall cease to be effective
        October 1, 2022.
    ``(f) Rule of Construction.--Nothing in this section shall be
construed to limit the authority of the Secretary to request and review
the complete assessment of a certified requestor under this section on
a for-cause basis.''.
    (b) Conforming Amendments.--
            (1) Requirements for premarket approval supplements.--
        Section 515(d)(5)(A)(i) of the Federal Food, Drug, and Cosmetic
        Act (21 U.S.C. 360e(d)(5)(A)(i)) is amended by inserting
        ``subject to section 524B,'' after ``that affects safety or
        effectiveness,''.
            (2) Requirements for 30-day notice.--Section
        515(d)(5)(A)(ii) of the Federal Food, Drug, and Cosmetic Act
        (21 U.S.C. 360e(d)(5)(A)(ii)) is amended by inserting ``subject
        to section 524B,'' after ``the date on which the Secretary
        receives the notice,''.
            (3) Requirements for premarket notification; technical
        correction to reference to section 510(k).--Section 510(l) of
        the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360(l)) is
        amended by striking ``of this subsection under subsection (m)''
        and inserting ``of subsection (k) under subsection (m) or
        section 524B''.
            (4) Misbranded devices.--Section 502(t) of the Federal
        Food, Drug, and Cosmetic Act (21 U.S.C. 352(t)) is amended by
        inserting ``or 524B'' after ``section 519''.

Output: FDA Regulatory Efficiency Act This bill amends the Federal Food, Drug, and Cosmetic Act to require the Food and Drug Administration (FDA) to establish a third-party quality system assessment program to accredit persons to assess whether a medical device manufacturer's quality system can ensure the safety and effectiveness or substantial equivalence of an approved medical device after certain changes, including changes in manufacturing or changes to enhance device safety. Device manufacturers with quality systems that have been certified by an accredited person are allowed to make changes to a device without submitting to the FDA the premarket notification, 30-day notice, or premarket approval supplement that would otherwise be required. An accredited person who assesses a device manufacturer's quality system must submit a summary of their assessment and, as appropriate, a certification of the quality system to the FDA within 30 days of the assessment. An assessment summary and certification is deemed accepted by the FDA 30 days after submission unless the FDA determines that additional information is needed to support certification, the assessment or certification is unwarranted, or an action other than acceptance of the certification is otherwise justified. Device manufacturers who make changes to devices without submitting a premarket notification must describe the changes in an annual summary submitted to the FDA. Changes made without submitting a 30-day notice or a premarket approval supplement must be described in a periodic report. Certifications accepted by the FDA remain in effect for two years. The FDA must report on this quality system assessment program no later than January 31, 2022. The program is terminated at the end of FY2022.