Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Western Hemisphere Traveler
Improvement Act of 2007''.

SEC. 2. CERTIFICATIONS.

    Section 7209(b)(1) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (8 U.S.C. 1185 note) is amended--
            (1) in subparagraph (B)--
                    (A) in clause (v)--
                            (i) by striking ``process'' and inserting
                        ``read''; and
                            (ii) inserting ``at all ports of entry''
                        after ``installed'';
                    (B) in clause (vi), by striking ``and'' at the end;
                    (C) in clause (vii), by striking the period at the
                end and inserting a semicolon; and
                    (D) by adding at the end the following:
                            ``(viii) a pilot program in which not fewer
                        than 1 State has been initiated and evaluated
                        to determine if an enhanced driver's license,
                        which is machine-readable and tamper-proof, not
                        valid for certification of citizenship for any
                        purpose other than admission into the United
                        States from Canada, and issued by such State to
                        an individual, may permit the individual to use
                        the individual's driver's license to meet the
                        documentation requirements under subparagraph
                        (A) for entry into the United States from
                        Canada at the land and sea ports of entry;
                            ``(ix) the report described in subparagraph
                        (C) has been submitted to the appropriate
                        congressional committees;
                            ``(x) a study has been conducted to
                        determine the number of passports and passport
                        cards that will be issued as a consequence of
                        the documentation requirements under
                        subparagraph (A); and
                            ``(xi) sufficient passport adjudication
                        personnel have been hired or contracted--
                                    ``(I) to accommodate--
                                            ``(aa) increased demand for
                                        passports as a consequence of
                                        the documentation requirements
                                        under subparagraph (A); and
                                            ``(bb) a surge in such
                                        demand during seasonal peak
                                        travel times; and
                                    ``(II) to ensure that the time
                                required to issue a passport or
                                passport card is not anticipated to
                                exceed 8 weeks.''; and
            (2) by adding at the end the following:
                    ``(C) Report.--Not later than 180 days after the
                initiation of the pilot program described in
                subparagraph (B)(viii), the Secretary of Homeland
                Security and the Secretary of State shall submit to the
                appropriate congressional committees a report, which
                includes--
                            ``(i) an analysis of the impact of the
                        pilot program on national security;
                            ``(ii) recommendations on how to expand the
                        pilot program to other States;
                            ``(iii) any appropriate statutory changes
                        to facilitate the expansion of the pilot
                        program to additional States and to citizens of
                        Canada;
                            ``(iv) a plan to scan individuals
                        participating in the pilot program against
                        United States terrorist watch lists;
                            ``(v) an evaluation of and recommendations
                        for the type of machine-readable technology
                        that should be used in enhanced driver's
                        licenses, based on individual privacy
                        considerations and the costs and feasibility of
                        incorporating any new technology into existing
                        driver's licenses;
                            ``(vi) recommendations for improving the
                        pilot program; and
                            ``(vii) an analysis of any cost savings for
                        a citizen of the United States participating in
                        an enhanced driver's license program as
                        compared with participating in an alternative
                        program.''.

SEC. 3. SPECIAL RULE FOR MINORS.

    Section 7209(b) of the Intelligence Reform and Terrorism Prevention
Act of 2004 (Public Law 108-458; 8 U.S.C. 1185 note) is amended by
adding at the end the following new paragraph:
            ``(3) Special rule for minors.--Notwithstanding any other
        provision of law, the Secretary of Homeland Security shall
        permit an individual to enter the United States without
        providing any evidence of citizenship if the individual--
                    ``(A)(i) is less than 16 years old;
                    ``(ii) is accompanied by the individual's legal
                guardian;
                    ``(iii) is entering the United States from Canada
                or Mexico;
                    ``(iv) is a citizen of the United States or Canada;
                and
                    ``(v) provides a birth certificate; or
                    ``(B)(i) is less than 18 years old;
                    ``(ii) is traveling under adult supervision with a
                public or private school group, religious group, social
                or cultural organization, or team associated with a
                youth athletics organization; and
                    ``(iii) provides a birth certificate.''.

SEC. 4. TRAVEL FACILITATION INITIATIVES.

    Section 7209 of the Intelligence Reform and Terrorism Prevention
Act of 2004 (Public Law 108-458; 8 U.S.C. 1185 note) is amended by
adding at the end the following new subsections:
    ``(e) State Driver's License and Identification Card Enrollment
Program.--
            ``(1) In general.--Notwithstanding any other provision of
        law and not later than 180 days after the submission of the
        report described in subsection (b)(1)(C), the Secretary of
        State and the Secretary of Homeland Security shall issue
        regulations to establish a State Driver's License and Identity
        Card Enrollment Program as described in this subsection
        (hereinafter in this subsection referred to as the `Program')
        and which allows the Secretary of Homeland Security to enter
        into a memorandum of understanding with an appropriate official
        of each State that elects to participate in the Program.
            ``(2) Purpose.--The purpose of the Program is to permit a
        citizen of the United States who produces a driver's license or
        identity card that meets the requirements of paragraph (3) or a
        citizen of Canada who produces a document described in
        paragraph (4) to enter the United States from Canada by land or
        sea without providing any other documentation or evidence of
        citizenship.
            ``(3) Admission of citizens of the united states.--A
        driver's license or identity card meets the requirements of
        this paragraph if--
                    ``(A) the license or card--
                            ``(i) was issued by a State that is
                        participating in the Program; and
                            ``(ii) is tamper-proof and machine
                        readable; and
                    ``(B) the State that issued the license or card--
                            ``(i) has a mechanism to verify the United
                        States citizenship status of an applicant for
                        such a license or card;
                            ``(ii) does not require an individual to
                        include the individual's citizenship status on
                        such a license or card; and
                            ``(iii) manages all information regarding
                        an applicant's United States citizenship status
                        in the same manner as such information
                        collected through the United States passport
                        application process and prohibits any other use
                        or distribution of such information.
            ``(4) Admission of citizens of canada.--
                    ``(A) In general.--Notwithstanding any other
                provision of law, if the Secretary of State and the
                Secretary of Homeland Security determine that an
                identity document issued by the Government of Canada or
                by the Government of a Province or Territory of Canada
                meets security and information requirements comparable
                to the requirements for a driver's license or identity
                card described in paragraph (3), the Secretary of
                Homeland Security shall permit a citizen of Canada to
                enter the United States from Canada using such a
                document without providing any other documentation or
                evidence of Canadian citizenship.
                    ``(B) Technology standards.--The Secretary of
                Homeland Security shall work, to the maximum extent
                possible, to ensure that an identification document
                issued by Canada that permits entry into the United
                States under subparagraph (A) utilizes technology
                similar to the technology utilized by identification
                documents issued by the United States or any State.
            ``(5) Authority to expand.--Notwithstanding any other
        provision of law, the Secretary of State and the Secretary of
        Homeland Security may expand the Program to permit an
        individual to enter the United States--
                    ``(A) from a country other than Canada; or
                    ``(B) using evidence of citizenship other than a
                driver's license or identity card described in
                paragraph (3) or a document described in paragraph (4).
            ``(6) Relationship to other requirements.--Nothing in this
        subsection shall have the effect of creating a national
        identity card or a certification of citizenship for any purpose
        other than admission into the United States as described in
        this subsection.
            ``(7) State defined.--In this subsection, the term `State'
        means any of the several States of the United States, the
        Commonwealth of the Northern Mariana Islands, the Commonwealth
        of Puerto Rico, the District of Columbia, Guam, the Virgin
        Islands of the United States, or any other territory or
        possession of the United States.
    ``(f) Waiver for Intrastate Travel.--The Secretary of Homeland
Security shall accept a birth certificate as proof of citizenship for
any United States citizen who is traveling directly from one part of a
State to a noncontiguous part of that State through Canada, if such
citizen cannot travel by land to such part of the State without
traveling through Canada, and such travel in Canada is limited to no
more than 2 hours.
    ``(g) Waiver of Pass Card and Passport Execution Fees.--
            ``(1) In general.--Notwithstanding any other provision of
        law, during the 2-year period beginning on the date on which
        the Secretary of Homeland Security publishes a final rule in
        the Federal Register to carry out subsection (b), the Secretary
        of State shall--
                    ``(A) designate 1 facility in each city or port of
                entry designated under paragraph (2), including a State
                Department of Motor Vehicles facility located in such
                city or port of entry if the Secretary determines
                appropriate, in which a passport or passport card may
                be procured without an execution fee during such
                period; and
                    ``(B) develop not fewer than 6 mobile enrollment
                teams that--
                            ``(i) are able to issue passports or other
                        identity documents issued by the Secretary of
                        State without an execution fee during such
                        period;
                            ``(ii) are operated along the northern and
                        southern borders of the United States; and
                            ``(iii) focus on providing passports and
                        other such documents to citizens of the United
                        States who live in areas of the United States
                        that are near such an international border and
                        that have relatively low population density.
            ``(2) Designation of cities and ports of entry.--The
        Secretary of State shall designate cities and ports of entry
        for purposes of paragraph (1)(A) as follows:
                    ``(A) The Secretary shall designate not fewer than
                3 cities or ports of entry that are 100 miles or less
                from the northern border of the United States.
                    ``(B) The Secretary shall designate not fewer than
                3 cities or ports of entry that are 100 miles or less
                from the southern border of the United States.
    ``(h) Cost-Benefit Analysis.--Prior to publishing a final rule in
the Federal Register to carry out subsection (b), the Secretary of
Homeland Security shall conduct a complete cost-benefit analysis of
carrying out this section. Such analysis shall include analysis of--
            ``(1) any potential costs of carrying out this section on
        trade, travel, and the tourism industry; and
            ``(2) any potential savings that would result from the
        implementation of the State Driver's License and Identity Card
        Enrollment Program established under subsection (e) as an
        alternative to passports and passport cards.
    ``(i) Report.--During the 2-year period beginning on the date that
is the 3 months after the date on which the Secretary of Homeland
Security begins implementation of subsection (b)(1)--
            ``(1) the Secretary of Homeland Security shall submit to
        the appropriate congressional committees a report not less than
        once every 3 months on--
                    ``(A) the average delay at border crossings; and
                    ``(B) the average processing time for a NEXUS card,
                FAST card, or SENTRI card; and
            ``(2) the Secretary of State shall submit to the
        appropriate congressional committees a report not less than
        once every 3 months on the average processing time for a
        passport or passport card.
    ``(j) Appropriate Congressional Committees Defined.--In this
section, the term `appropriate congressional committees' means--
            ``(1) the Committee on Appropriations, the Committee on
        Homeland Security and Governmental Affairs, and the Committee
        on the Judiciary of the Senate; and
            ``(2) the Committee on Appropriations, the Committee on
        Homeland Security, and the Committee on the Judiciary of the
        House of Representatives.''.

SEC. 5. SENSE OF CONGRESS REGARDING IMPLEMENTATION OF THE WESTERN
              HEMISPHERE TRAVEL INITIATIVE.

    The intent of Congress in enacting section 546 of the Department of
Homeland Security Appropriations Act, 2007 (Public Law 109-295; 120
Stat. 1386) was to prevent the Secretary of Homeland Security from
implementing the plan described in section 7209(b)(1) of the
Intelligence Reform and Terrorism Prevention Act of 2004 (8 U.S.C. 1185
note) before the earlier of June 1, 2009, or the date on which the
Secretary certifies to Congress that an alternative travel document,
known as a passport card, has been developed and widely distributed to
eligible citizens of the United States.

SEC. 6. PASSPORT PROCESSING STAFF AUTHORITIES.

    (a) Reemployment of Civil Service Annuitants.--Section 61(a) of the
State Department Basic Authorities Act of 1956 (22 U.S.C. 2733(a)) is
amended--
            (1) in paragraph (1), by striking ``To facilitate'' and all
        that follows through ``, the Secretary'' and inserting ``The
        Secretary''; and
            (2) in paragraph (2), by striking ``2008'' and inserting
        ``2010''.
    (b) Reemployment of Foreign Service Annuitants.--Section 824(g) of
the Foreign Service Act of 1980 (22 U.S.C. 4064(g)) is amended--
            (1) in paragraph (1)(B), by striking ``to facilitate'' and
        all that follows through ``Afghanistan,''; and
            (2) in paragraph (2), by striking ``2008'' and inserting
        ``2010''.

SEC. 7. REPORT ON BORDER INFRASTRUCTURE.

    (a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Transportation, in consultation
with the Secretary of Homeland Security, shall submit to the
appropriate congressional committees a report on the adequacy of the
infrastructure of the United States to manage cross-border travel
associated with the NEXUS, FAST, and SENTRI programs. Such report shall
include consideration of--
            (1) the ability of frequent travelers to access dedicated
        lanes for such travel;
            (2) the total time required for border crossing, including
        time spent prior to ports of entry;
            (3) the frequency, adequacy of facilities and any
        additional delays associated with secondary inspections; and
            (4) the adequacy of readers to rapidly read identity
        documents of such individuals.
    (b) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
            (1) the Committee on Appropriations, the Committee on
        Homeland Security and Governmental Affairs, and the Committee
        on the Judiciary of the Senate; and
            (2) the Committee on Appropriations, the Committee on
        Homeland Security, and the Committee on the Judiciary of the
        House of Representatives.

Output:
Western Hemisphere Traveler Improvement Act of 2007 - Amends the Intelligence Reform and Terrorism Prevention Act of 2004 to require as part of the certifications required prior to implementation of the western hemisphere travel initiative (Initiative), that: (1) a pilot program of at least one state has been initiated and evaluated to determine if an enhanced driver's license valid only for citizenship verification for U.S. entry from Canada meets documentation requirements; (2) a study has determined the number of passports and passport cards that will be required to be issued; and (3) sufficient passport adjudication personnel have been hired.

Authorizes a person under 16 years old who is a U.S. or Canadian citizen to enter the United States with a birth certificate if the person: (1) is accompanied by the individual's legal guardian; and (2) is entering the United States from Canada or Mexico.

Authorizes a person under 18 years old to enter the United States with a birth certificate if the person is traveling under adult supervision with a public or private school group, religious group, social or cultural organization, or a youth sports team.

Directs the Secretary of State and the Secretary of Homeland Security to establish a state driver's license and identity card enrollment program to permit a U.S. citizen with a qualifying driver's license or identity card or a Canadian citizen with a qualifying comparable document to enter the United States from Canada by land or sea without providing other citizenship documentation. Authorizes program expansion to include other countries.

Directs the Secretary of Homeland Security to accept a birth certificate as proof of citizenship for any U.S. citizen who is traveling from one part of a state to a noncontiguous part of that state through Canada if: (1) the citizen cannot travel by land to such part of the state without traveling through Canada; and (2) the travel in Canada is limited to no more than two hours.

Directs the Secretary of State, during the two-year period beginning on the date on which the Secretary of Homeland Security publishes a final rule in the Federal Register to carry out the Initiative, to: (1) provide one facility in each of at least six designated cites or ports of entry in which a passport or passport card may be procured without an execution fee; and (2) develop at least six mobile teams along the U.S. northern and southern borders to issue passports or other identity documents without an execution fee.

Requires the Secretary of Homeland Security to do a cost-benefit analysis of the Initiative prior to publishing such final rule.

States that Congress' intent in enacting section 546 of the Department of Homeland Security Appropriations Act, 2007 was to prevent the Secretary of Homeland Security from implementing the Initiative before the earlier of June 1, 2009, or the date on which the Secretary certifies to Congress that an alternative travel document (passport card) has been developed and widely distributed to eligible U.S. citizens.

Amends the State Department Basic Authorities Act of 1956 to extend passport processing authorities for civil service and foreign service annuitants.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Encouraging Mortgage Modifications
Act of 2008''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) mortgage modifications often afford the best
        opportunity to avoid foreclosures and provide long term,
        sustainable solutions for American homeowners;
            (2) reaching mortgage modification agreements with
        homeowners has been unacceptably slow and foreclosure rates
        continue to rise, with the number of homeowners forced into
        foreclosure double the number who receive modifications or
        repayment plans;
            (3) servicers have an obligation to protect the interests
        of investors when determining whether to offer a modification
        or repayment plan;
            (4) the best course of action for the investor pool as a
        whole may disadvantage the interests of individual classes of
        investors;
            (5) servicers have expressed concern that investor classes
        that are disproportionately disadvantaged by a modification or
        repayment plan may seek to hold the servicer liable;
            (6) without liability protection, many servicers will not
        be willing to take on the risk associated with approving a
        mortgage modification or repayment plan, and instead, they will
        eventually pursue foreclosure even though foreclosure costs can
        equal 50 percent or more of mortgage value; and
            (7) the net present value of a modified mortgage loan will
        almost always exceed the amount recouped by allowing the home
        to go into foreclosure.

SEC. 3. LEGAL SAFE HARBOR FOR ENTERING INTO CERTAIN LOAN MODIFICATIONS
              OR WORKOUT PLANS.

    Section 6 of the Real Estate Settlement Procedures Act of 1974 (12
U.S.C. 2605) is amended--
            (1) by redesignating subsections (i) and (j) as subsections
        (j) and (k), respectively; and
            (2) by inserting after subsection (h) the following:
    ``(i) Duty of Servicers Regarding Certain Loan Modifications or
Workout Plans.--
            ``(1) In general.--Notwithstanding any other provision of
        law, absent specific contractual provisions to the contrary, a
        servicer of pooled qualified residential mortgages--
                    ``(A) owes any duty to determine if the net present
                value of the payments on the loan, as modified, is
                likely to be greater than the anticipated net recovery
                that would result from foreclosure to all investors and
                parties having a direct or indirect interest in the
                pooled loans or securitization vehicle, but not to any
                individual party or group of parties; and
                    ``(B) acts in the best interests of all such
                investors and parties, if the servicer agrees to or
                implements a qualified loan modification or workout
                plan for a qualified residential mortgage, or if, and
                only if, such efforts are unsuccessful or infeasible,
                takes other reasonable loss mitigation actions,
                including accepting partial payments or short sale of
                the property; and
                    ``(C) if the servicer acts in a manner consistent
                with the duty set forth in subparagraphs (A) and (B),
                shall not be liable under any law or regulation of the
                United States, any State or any political subdivision
                of any State, for entering into a qualified loan
                modification or workout plan in any action filed by or
                on behalf of any person--
                            ``(i) based on the person's ownership of
                        any interest in a residential mortgage, a pool
                        of residential mortgage loans, or a
                        securitization vehicle, that distributes
                        payments out of the principal, interest, or
                        other payment on loans in the pool;
                            ``(ii) based on the person's obligation to
                        make payments determined in reference to any
                        loan or interest referred to in clause (i); or
                            ``(iii) based on the person's obligation to
                        insure any loan or any interest referred to in
                        clause (i).
            ``(2) Definitions.--As used in this subsection--
                    ``(A) the term `qualified loan modification or
                workout plan' means a contract, modification, or plan
                relating to a qualified residential mortgage loan
                consummated on or after January 1, 2004, with respect
                to which--
                            ``(i) payment default on the loan or loans
                        has occurred, is imminent, or is reasonably
                        foreseeable;
                            ``(ii) the dwelling securing the loan or
                        loans is the primary residence of the owner;
                            ``(iii) the servicer reasonably believes
                        that the anticipated recovery under the loan
                        modification or workout plan will exceed the
                        anticipated recovery through foreclosure, on a
                        net present value basis;
                            ``(iv) the effective period runs for at
                        least 5 years from the date of adoption of the
                        plan, or until the borrower sells or refinances
                        the property, if that occurs earlier; and
                            ``(v) the borrower is not required to pay
                        additional fees to the servicer;
                    ``(B) the term `qualified residential mortgage'
                means a consumer credit transaction or loan that is
                secured by the consumer's principal dwelling;
                    ``(C) the term `securitization vehicle' means a
                trust, corporation, partnership, limited liability
                entity, special purpose entity, or other structure that
                is the issuer, or is created by the issuer, of mortgage
                pass-through certificates, participation certificates,
                mortgage-backed securities, or other similar securities
                backed by a pool of assets that includes residential
                mortgage loans; and
                    ``(D) the term `servicer'--
                            ``(i) means the person responsible for
                        servicing of a loan (including the person who
                        makes or holds a loan, if such person also
                        services the loan); and
                            ``(ii) includes the entities listed in
                        subparagraphs (A) and (B) of subsection (j)(2).
            ``(3) Effective period.--This subsection shall apply only
        with respect to qualified loan modification or workout plans
        initiated during the 6-month period beginning on the date of
        enactment of this subsection.
            ``(4) Rule of construction.--Nothing in this subsection may
        be construed to limit the ability of a servicer to enter into a
        loan modification or workout plan other than a qualified loan
        modification or workout plan covered by this subsection.''.

Output:
Encouraging Mortgage Modifications Act of 2008 - Amends the Real Estate Settlement Procedures Act of 1974 to set forth duties of mortgage servicers regarding certain loan modifications or workout plans that affect pooled qualified residential mortgages.

Specifies among such duties the duty to: (1) determine if the net present value of the payments on the modified loan is likely to be greater than the anticipated net recovery that would result from foreclosure to all investors and parties having a direct or indirect interest in the pooled loans or securitization vehicle; and (2) act in the best interests of all such investors and parties, if the servicer agrees to or implements a qualified loan modification or workout plan for a qualified residential mortgage, or takes other reasonable loss mitigation actions, including accepting partial payments or short sale of the property, if such efforts are unsuccessful or infeasible.

Shields from liability a servicer who enters into a qualified loan modification or workout plan if the servicer acts in a manner consistent with such duties.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``IMF Reform Act of 2000''.

SEC. 2. REFORMS OF THE INTERNATIONAL MONETARY FUND.

    (a) In General.--The Bretton Woods Agreements Act (22 U.S.C. 286-
286nn) is amended by adding at the end the following:

``SEC. 63. REFORMS OF THE INTERNATIONAL MONETARY FUND.

    ``(a) Annual Reports.--
            ``(1) Contents.--The Secretary of the Treasury shall submit
        annually to the Committee on Banking and Financial Services of
        the House of Representatives and the Committee on Foreign
        Relations of the Senate a written report on whether the Fund
        has complied with the requirements of subsection (b) throughout
        the 12-month period covered by the report. If, during such
        period, the Fund has instituted a quota increase, the report
        shall document the reasons why it is not feasible for the Fund
        to obtain sufficient funds from the private sector.
            ``(2) Effects of failure to submit report or failure to
        certify imf compliance with requirements.--If the Secretary of
        the Treasury fails to submit the report for a 12-month period
        before the beginning of the first fiscal year that begins after
        the end of the 12-month period, or if the report submitted
        pursuant to this section fails to comply with the preceding
        sentence or fails to certify that the Fund has complied with
        each requirement of subsection (b) throughout the 12-month
        period, then subsection (c) shall apply for such fiscal year.
    ``(b) Requirements.--The requirements of this subsection are the
following:
            ``(1) Market interest rates.--The Fund is prohibited from
        charging, and does not charge, interest on any loan unless the
        interest rate is--
                    ``(A) except as provided in subparagraph (B),
                comparable to the rates of interest in the financial
                markets, adjusted for risk; and
                    ``(B) is not less than 400 basis points greater
                than the London InterBank Offered Rate.
            ``(2) 1-year loan maturity.--The Fund is prohibited from
        making, and has not made, a loan with a maturity of more than 1
        year after the date on which made.
            ``(3) Loans only to address currency crises.--The Fund is
        prohibited from making, and does not make, a loan except for
        the purpose of addressing a currency crisis.
            ``(4) Termination of esaf.--The Fund has abolished the
        Enhanced Structural Adjustment Facility of the Fund.
            ``(5) Release and reorganization of operational budgets.--
        The Fund is required to, and does, publish each operational
        budget of the Fund, with any information that could disrupt
        financial markets or affect adversely the national security of
        any country redacted, and is required to, and does, reorganize
        and restate the publicly available financial statements of the
        Fund in a manner consistent with the Fund's code of good
        practices, and with the principles of transparency and
        accountability.
            ``(6) No loans for countries falsifying loan documents.--
        The Fund is prohibited from making, and has not made, a loan to
        or for the benefit of the government of any country which the
        Secretary of the Treasury or the Fund has found during the
        preceding 5 years to have falsified any item of information on
        any loan documentation submitted to the Fund. In addition, the
        Fund is required to institute, and has implemented, accounting
        controls and safeguards to curb potential misuse of loans by
        borrowers, and in any case in which the controls and safeguards
        are considered insufficient to prevent such a misuse, the Fund
is prohibited from making, and has not made, a loan.
            ``(7) Exhaustion of opportunities for private borrowing
        before instituting quota increase.--The Fund is required to
        exhaust, and has exhausted, all feasible opportunities to
        borrow from the private sector before instituting a quota
        increase for the member countries of the Fund.
    ``(c) Withdrawal of Authority To Make Loans to the Fund; Reduction
of Reserve Tranche Position of the United States.--If this subsection
applies for a fiscal year--
            ``(1) the Secretary of the Treasury may not make a loan
        under section 17 during the fiscal year; and
            ``(2) the Secretary of the Treasury shall cause the reserve
        tranche position of the United States at the Fund to be
        maintained at a level that is not more than $5,000,000,000 less
        than the lesser of--
                    ``(A) in the case of the first fiscal year for
                which this subsection applies, the level of the reserve
                tranche position immediately before this subsection
                applies; or
                    ``(B) in the case of any other fiscal year, the
                level at which this subsection required the reserve
                tranche position to be maintained during the most
                recent prior fiscal year for which this subsection
                applied.''.
    (b) Effective Date.--The amendment made by this section shall take
effect 3 years after the date of the enactment of this section.

SEC. 3. END OF UNITED STATES PARTICIPATION IN AND SUPPORT FOR THE
              ENHANCED STRUCTURAL ADJUSTMENT FACILITY OF THE
              INTERNATIONAL MONETARY FUND.

    (a) Prohibition on Future Funding.--No officer, employee, or agent
of the United States may, directly or indirectly, provide any thing of
value to the International Monetary Fund for the purpose of providing
resources to, or supporting the activities of the Enhanced Structural
Adjustment Facility or other concessional lending facility of the
International Monetary Fund.
    (b) Veto of Use of Available Funds.--Section 5 of the Bretton Woods
Agreements Act (22 U.S.C. 286c) is further amended by adding at the end
the following: ``The director appointed to represent the United States
at the Fund shall use every effort to terminate the Enhanced Structural
Adjustment Facility of the Fund within one year after the date of the
enactment of this sentence. No director appointed to represent the
United States at the Fund shall vote for any proposal to use resources
of the Enhanced Structural Adjustment Facility of the Fund for any
purpose, except for a proposal to abolish the Facility and return any
remaining resources to the member countries of the Fund in proportion
to the quotas of such countries during calendar year 1975, or to
General Resources of the Fund.''.

Output:
Declares that the Secretary, if he or she fails to report or if the report fails to certify that the Fund has complied with the requirements of this Act, shall: (1) not make any foreign loans; and (2) cause the reserve tranche position of the United States at the Fund to be maintained at a certain level.
Prohibits any U.S. officer or employee from providing any thing of value to the Fund for the purpose of providing resources to, or supporting the activities of the Facility or any other concessional lending facility of the Fund. Requires the U.S. director at the Fund to use every effort to terminate the Enhanced Structural Adjustment Facility.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``District of Columbia College Access
Improvement Act of 2002''.

SEC. 2. PUBLIC SCHOOL PROGRAM.

    Section 3(c)(2) of the District of Columbia College Access Act of
1999 (sec. 38-2702(c)(2), D.C. Official Code) is amended by striking
subparagraphs (A) through (C) and inserting the following:
            ``(A)(i) in the case of an individual who begins an
        undergraduate course of study within 3 calendar years
        (excluding any period of service on active duty in the armed
        forces, or service under the Peace Corps Act (22 U.S.C. 2501 et
        seq.) or subtitle D of title I of the National and Community
        Service Act of 1990 (42 U.S.C. 12571 et seq.)) of graduation
        from a secondary school, or obtaining the recognized equivalent
        of a secondary school diploma, was domiciled in the District of
        Columbia for not less than the 12 consecutive months preceding
        the commencement of the freshman year at an institution of
        higher education;
            ``(ii) in the case of an individual who graduated from a
        secondary school or received the recognized equivalent of a
        secondary school diploma before January 1, 1998, and is
        currently enrolled at an eligible institution as of the date of
        enactment of the District of Columbia College Access
        Improvement Act of 2002, was domiciled in the District of
        Columbia for not less than the 12 consecutive months preceding
        the commencement of the freshman year at an institution of
        higher education; or
            ``(iii) in the case of any other individual and an
        individual re-enrolling after more than a 3-year break in the
        individual's post-secondary education, has been domiciled in
        the District of Columbia for at least 5 consecutive years at
        the date of application;
            ``(B)(i) graduated from a secondary school or received the
        recognized equivalent of a secondary school diploma on or after
        January 1, 1998;
            ``(ii) in the case of an individual who did not graduate
        from a secondary school or receive a recognized equivalent of a
        secondary school diploma, is accepted for enrollment as a
        freshman at an eligible institution on or after January 1,
        2002; or
            ``(iii) in the case of an individual who graduated from a
        secondary school or received the recognized equivalent of a
        secondary school diploma before January 1, 1998, is currently
        enrolled at an eligible institution as of the date of enactment
        of the District of Columbia College Access Improvement Act of
        2002;
            ``(C) meets the citizenship and immigration status
        requirements described in section 484(a)(5) of the Higher
        Education Act of 1965 (20 U.S.C. 1091(a)(5));''.

SEC. 3. PRIVATE SCHOOL PROGRAM.

    Section 5(c)(1)(B) of the District of Columbia College Access Act
of 1999 (sec. 38-2704(c)(1)(B), D.C. Official Code) is amended by
striking ``the main campus of which is located in the State of Maryland
or the Commonwealth of Virginia''.

SEC. 4. GENERAL REQUIREMENTS.

    Section 6 of the District of Columbia College Access Act of 1999
(sec. 38-2705, D.C. Official Code) is amended--
        (1) by striking subsection (b) and inserting the following:
    ``(b) Administrative Expenses.--
        ``(1) In general.--The Mayor of the District of Columbia may
    not use more than 7 percent of the total amount of Federal funds
    appropriated for the program, retroactive to the date of enactment
    of this Act (the District of Columbia College Access Act of 1999),
    for the administrative expenses of the program.
        ``(2) Definition.--In this subsection, the term `administrative
    expenses' means any expenses that are not directly used to pay the
    cost of tuition and fees for eligible students to attend eligible
    institutions.'';
        (2) by redesignating subsections (e) and (f) as subsections (f)
    and (g);
        (3) by inserting after subsection (d) the following:
    ``(e) Local Funds.--It is the sense of Congress that the District
of Columbia may appropriate such local funds as necessary for the
programs under sections 3 and 5.''; and
        (4) by adding at the end the following:
    ``(h) Dedicated Account for Programs.--
        ``(1) Establishment.--The District of Columbia government shall
    establish a dedicated account for the programs under sections 3 and
    5 consisting of the following amounts:
            ``(A) The Federal funds appropriated to carry out such
        programs under this Act or any other Act.
            ``(B) Any District of Columbia funds appropriated by the
        District of Columbia to carry out such programs.
            ``(C) Any unobligated balances in amounts made available
        for such programs in previous fiscal years.
            ``(D) Interest earned on balances of the dedicated account.
        ``(2) Use of funds.--Amounts in the dedicated account shall be
    used solely to carry out the programs under sections 3 and 5.''.

SEC. 5. CONTINUATION OF CURRENT AGGREGATE LEVEL OF AUTHORIZATION OF
              APPROPRIATIONS.

    (a) In General.--The District of Columbia College Access Act of
1999 (sec. 38-2701 et seq., D.C. Official Code) is amended by adding at
the end the following new section:

``SEC. 7. LIMIT ON AGGREGATE AMOUNT OF FEDERAL FUNDS FOR PUBLIC SCHOOL
              AND PRIVATE SCHOOL PROGRAMS.

    ``The aggregate amount authorized to be appropriated to the
District of Columbia for the programs under sections 3 and 5 for any
fiscal year may not exceed--
        ``(1) $17,000,000, in the case of the aggregate amount for
    fiscal year 2003;
        ``(2) $17,000,000, in the case of the aggregate amount for
    fiscal year 2004; or
        ``(3) $17,000,000, in the case of the aggregate amount for
    fiscal year 2005.''.
    (b) Conforming Amendments.--
        (1) Public school program.--Section 3(i) of such Act (sec. 38-
    2702(i), D.C. Official Code) is amended by striking ``and such
    sums'' and inserting ``and (subject to section 7) such sums''.
        (2) Private school program.--Section 5(f) of such Act (sec. 38-
    2704(f), D.C. Official Code) is amended by striking ``and such
    sums'' and inserting ``and (subject to section 7) such sums''.

                               Speaker of the House of Representatives.

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

Output: District of Columbia College Access Improvement Act of 2001 - Revises eligibility requirements for tuition assistance under the District of Columbia College Access Act of 1999 (the Act) to allow the following to be eligible for such assistance: (1) applicants who graduated from a secondary school or received the recognized equivalent of a secondary school diploma before January 1, 1998, and are currently enrolled at an eligible institution as of the enactment of this Act, and were domiciled in the District of Columbia for not less than 12 consecutive months preceding the commencement of the freshman year at an institution of higher education; (2) applicants re-enrolling after more than a three-year break in their post-secondary education who have been domiciled in the District for at least five consecutive years at the application date; (3) applicants who did not graduate from a secondary school or receive a recognized equivalent of a secondary school diploma, but are accepted for enrollment as a freshman at an eligible institution on or after January 1, 2002; and (4) applicants who graduated from a secondary school or received the recognized equivalent of such school diploma before January 1, 1998 and are currently enrolled at an eligible institution as of the enactment of this Act. Requires all eligible students to meet the citizenship and immigration status requirements described in the Higher Education Act of 1965.Amends the Act: (1) to allow individuals who attend private historically black colleges and universities (HBCUs) nationwide (currently, HBCUs whose main campuses are located in Maryland and Virginia) to participate in such Tuition Assistance Program; and (2) to prohibit the Mayor from using more than seven percent of the total amount of Federal funds appropriated for such Program, retroactive to the Act's enactment, for the Program's administrative expenses.Expresses the sense of Congress that the District of Columbia may appropriate such local funds as necessary for the Program.Requires the District government to establish a dedicated account for the Resident Tuition Support Program that shall consist of the Federal funds appropriated to the Program in this Act and any subsequent appropriations, any unobligated balances from prior fiscal years, and any interest earned in this or any fiscal years. Authorizes the use of such funds to help pay the cost of tuition and fees for eligible students to attend eligible institutions if the fiscal year appropriation for that year is insufficient to cover the cost of tuition and fees for that year.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``American Heroes Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Each State has chosen statues of 2 local heroes to
        exhibit in the Capitol.
            (2) Most of these heroes depict figures who lived during
        the early years of the Nation's history.
            (3) The completion of the construction of the Capitol
        Visitor Center will increase the size of the public space
        inside the Capitol complex, making more space available in
        which statues of noteworthy Americans should be displayed.
            (4) On September 11, 2001, the passengers of United
        Airlines flight number 93 made a unique contribution which
        helped to protect the Capitol from attack.

SEC. 3. STATE HERO DESIGNATION.

    (a) In General.--Each State may provide 1 statue of an individual
representing that State which shall be displayed in the Capitol Visitor
Center.
    (b) Criteria for Heroes.--The statues displayed in the Capitol
Visitor Center shall be depictions of individuals who participated in
the life of the State they represent in ways that will inspire young
Americans to embrace the ideals of the United States as reflected in
the Constitution.
    (c) Selection of Heroes.--No statue shall be displayed in the
Capitol Visitor Center unless the individual depicted in the statue was
selected in the manner described in section 4.
    (d) American Hero Administrator.--
            (1) In general.--The Clerk of the House of Representatives
        and the Secretary of the Senate shall jointly assign to 1 of
        their employees the post of the American Hero Administrator,
        with such term as agreed upon by the Clerk and the Secretary.
            (2) Statue guidelines.--The American Hero Administrator
        shall prepare guidelines establishing the size, weight, and
        other necessary restrictions to be placed on the statues to be
        displayed in the Capitol Visitor Center under this Act.

SEC. 4. STATE AMERICAN HERO COMMISSIONS.

    (a) In General.--In order for a statue provided by a State to be
placed in the Capitol Visitor Center under this Act, the State shall
establish an American Hero Commission to select the individual to
represent that State.
    (b) Duties of the Commission.--
            (1) Selection of heroes.--Each American Hero Commission
        shall choose, by a majority vote, after considering any
        suggestions submitted under subsection (b), the individual
        whose statue will represent the State of that Commission.
            (2) Commission and delivery of statue.--Each American Hero
        Commission shall commission an artist to design and create the
        statue and shall arrange for the delivery of the statue to the
        Capitol Visitor Center.
            (3) Procurement of funds.--Each American Hero Commission
        shall raise private or State funds to pay for the cost of
        commissioning the statue and delivering it to the Capitol
        Visitor Center.
    (c) Commissioners.--
            (1) Appointment.--Each American Hero Commission shall be
        comprised of commissioners who are appointed by Members of
        Congress.
            (2) Number.--Each Member of Congress shall appoint 1
        commissioner to the American Hero Commission for that Member's
        State so that the total number of commissioners shall be equal
        to the number of Senators plus the number of Members of the
        House of Representatives for the State.
            (3) Qualifications.--Commissioners shall be individuals who
        are respected in their communities and who are residents in
        good standing of the State represented by the appointing
        Member.
            (4) Compensation.--Commissioners shall serve on the
        American Hero Commission without compensation.
            (5) Administration.--The commissioners of each American
        Hero Commission shall establish the rules, meeting schedules,
        and deadlines that they consider appropriate in carrying out
        their duties.
    (d) Consultation of Essays.--
            (1) Request for essays.--Each American Hero Commission
        shall ask that young people who are between the ages of 14 and
        18 and who live in the State to write essays suggesting
        individuals to represent the State in a statue displayed in the
        Capitol Visitor Center under this Act and to submit the essays
        to the Commission.
            (2) Consultation.--In determining who will represent their
        State, the commissioners of each American Hero Commission shall
        consider any individuals suggested in the essays submitted
        under paragraph (1).

SEC. 5. STATUE HONORING THE PASSENGERS OF FLIGHT 93.

    (a) Procurement and Installation of Statue.--The Architect of the
Capitol shall procure and install a statue honoring the passengers of
United Airlines flight number 93 who died on September 11, 2001 for
their heroic role in protecting Washington, DC from attack.
    (b) Authorization of Appropriations.--There is authorized to be
appropriated such sums as may be necessary to carry out this section.

Output:
American Heroes Act - Authorizes each State to provide one statue of an individual representing that State to be displayed in the Capitol Visitor Center.

Specifies criteria for such statues.

Requires the Clerk of the House of Representatives and the Secretary of the Senate to assign jointly to one of their employees the post of the American Hero Administrator to prepare statue guidelines.

Requires: (1) a State to establish an American Hero Commission to select the individual to represent that State; and (2) the Architect of the Capitol to procure and install a statue honoring the passengers of United Airlines flight number 93 who died on September 11, 2001, for their heroic role in protecting Washington, D.C. from attack.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Workplace Fairness Act of 1996''.

SEC. 2. DISCRIMINATION PROHIBITED.

    A covered entity shall not subject an individual to different
standards or treatment on any basis other than factors pertaining to
job performance in connection with employment or employment
opportunities, or beginning on the 91st day of employment following
hire or rehire, the compensation, terms conditions, or privileges of
employment.

SEC. 3. QUOTAS PROHIBITED.

    A covered entity shall not adopt or implement a quota pursuant to
this Act on any basis other than factors pertaining to job performance.

SEC. 4. RELIGIOUS EXEMPTION.

    (a) In General.--Except as provided in subsection (b), this Act
shall not apply to religious organizations.
    (b) For-Profit Activities.--This Act shall apply with respect to
employment and employment opportunities that relate to any employment
position that pertains solely to a religious organization's for-profit
activities subject to taxation under section 511(a) of the Internal
Revenue Code of 1986.

SEC. 5. ENFORCEMENT.

    (a) Enforcement Powers.--With respect to the administration and
enforcement of this Act in the case of a claim alleged by an individual
for a violation of this Act--
            (1) the Commission shall have the same powers as the
        Commission has to administer and enforce--
                    (A) title VII of the Civil Rights Act of 1964 (42
                U.S.C. 2000e et seq.), or
                    (B) sections 302, 303, and 304 of the Government
                Employee Rights Act of 1991 (2 U.S.C. 1202, 1203, and
                1204),
        in the case of a claim alleged by such individual for a
        violation of such title or of section 302(a)(1) of such Act,
        respectively,
            (2) the Librarian of Congress shall have the same powers as
        the Librarian of Congress has to administer and enforce title
        VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.)
        in the case of a claim alleged by such individual for a
        violation of such title,
            (3) the Board (as defined in section 101 of the
        Congressional Accountability Act of 1995 (Public Law 104-1; 109
        Stat. 3) shall have the same powers as the Board has to
        administer and enforce the Congressional Accountability Act of
        1995 in the case of a claim alleged by such individual for a
        violation of section 201(a)(1) of such Act.
            (4) the Attorney General of the United States shall have
        the same powers as the Attorney General has to administer and
        enforce--
                    (A) title VII of the Civil Rights Act of 1964 (42
                U.S.C. 2000e et seq.), or
                    (B) sections 302, 303, and 304 of the Government
                Employee Rights Act of 1991 (2 U.S.C. 1202, 1203,
                1204),
        in the case of a claim alleged by such individual for a
        violation of such title or of section 302(a)(1) of such Act,
        respectively, and
            (5) the courts of the United States shall have the same
        jurisdiction and powers as such courts have to enforce--
                    (A) title VII of the Civil Rights Act of 1964 (42
                U.S.C. 2000e et seq.) in the case of a claim alleged by
                such individual for a violation of such title,
                    (B) sections 302, 303, and 304 of the Government
                Employee Rights Act of 1991 (2 U.S.C. 1202, 1203, 1204)
                in the case of a claim alleged by such individual for a
                violation of section 302(a)(1) of such Act, and
                    (C) the Congressional Accountability Act of 1995
                (Public Law 104-1; 109 Stat. 3) in the case of a claim
                alleged by such individual for a violation of section
                201(a)(1) of such Act.
    (b) Procedures and Remedies.--The procedures and remedies
applicable to a claim alleged by an individual for a violation of this
Act are--
            (1) the procedures and remedies applicable for a violation
        of title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e
        et seq.) in the case of a claim alleged by such individual for
        a violation of such title,
            (2) the procedures and remedies applicable for a violation
        of section 302(a)(1) of the Government Employee Rights Act of
        1991 (2 U.S.C. 1202(a)(1)) in the case of a claim alleged by
        such individual for a violation of such section, and
            (3) the procedures and remedies applicable for a violation
        of section 201(a)(1) of Congressional Accountability Act of
        1995 (Public Law 104-1; 109 Stat. 3) in the case of a claim
        alleged by such individual for a violation of such section.
    (c) Other Applicable Provisions.--With respect to claims alleged by
covered employees (as defined in section 101 of the Congressional
Accountability Act of 1995 (Public Law 104-1; 109 Stat. 3)) for
violations of this Act, title III of the Congressional Accountability
Act of 1995 shall apply in the same manner as such title applies with
respect to a claims alleged by such covered employees for violations of
section 201(a)(1) of such Act.

SEC. 7. STATE AND FEDERAL IMMUNITY.

    (a) State Immunity.--A State shall not be immune under the eleventh
article of amendment to the Constitution of the United States from an
action in a Federal court of competent jurisdiction for a violation of
this Act. In an action against a State for a violation of this Act,
remedies (including remedies at law and in equity) are available for
the violation to the same extent as such remedies are available in an
action against any public or private entity other than a State.
    (b) Liability of the United States.--The United States shall be
liable for all remedies (excluding punitive damages) under this Act to
the same extent as a private person and shall be liable to the same
extent as a nonpublic party for interest to compensate for delay in
payment.

SEC. 8. ATTORNEYS' FEES.

    In any action or administrative proceeding commenced pursuant to
this Act, the court or the Commission, in its discretion, may allow the
prevailing party, other than the United States, a reasonable attorney's
fee, including expert fees and other litigation expenses, and costs.
The United States shall be liable for the foregoing the same as a
private person.

SEC. 9. POSTING NOTICES.

    A covered entity shall post notices for employees, and for
applicants for employment, describing the applicable provisions of this
Act in the manner prescribed by, and subject to the penalty provided
under, section 711 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-
10).

SEC. 10. REGULATIONS.

    The Commission shall have authority to issue regulations to carry
out this Act.

SEC. 11. RELATIONSHIP TO OTHER LAWS.

    This Act shall not invalidate or limit the rights, remedies, or
procedures available to an individual under title VII of the Civil
Rights Act of 1964, or any other Federal law or any law of a State or
political subdivision of a State.

SEC. 12. SEVERABILITY.

    If any provision of this Act, or the application of such provision
to any person or circumstance, is held to be invalid, the remainder of
this Act and the application of such provision to other persons or
circumstances shall not be affected thereby.

SEC. 13. EFFECTIVE DATE.

    This Act shall take effect 60 days after the date of the enactment
of this Act and shall not apply to conduct occurring before such
effective date.

SEC. 14. DEFINITIONS.

    As used in this Act:
            (1) The term ``Commission'' means the Equal Employment
        Opportunity Commission.
            (2) The term ``covered entity'' means an employer,
        employment agency, labor organization, joint labor management
        committee, an entity to which section 717(a) of the Civil
        Rights Act of 1964 (42 U.S.C. 2000e(a)) applies, an employing
        authority to which section 302(a)(1) of the Government Employee
        Rights Act of 1991 (2 U.S.C. 1202(a)(1)) applies, or an
        employing authority to which section 201(a) of the
        Congressional Accountability Act of 1995 (Public Law 104-1; 109
        Stat. 3) applies.
            (3) The term ``employer'' has the meaning given such term
        in section 701(b) of the Civil Rights Act of 1964 (42 U.S.C.
        2000e(b)), except that a reference in such section to employees
        shall be deemed for purposes of this Act to be a reference to
        full-time employees.
            (4) The term ``employment agency'' has the meaning given
        such term in section 701(c) of the Civil Rights Act of 1964 (42
        U.S.C. 2000e(c)).
            (5) The term ``employment or employment opportunities''
        includes job application procedures, hiring, advancement,
        discharge, compensation, job training, or any other term,
        condition, or privilege of employment.
            (6) The term ``labor organization'' has the meaning given
        such term in section 701(d) of the Civil Rights Act of 1964 (42
        U.S.C. 2000e(d)).
            (7) The term ``person'' has the meaning given such term in
        section 701(a) of the Civil Rights Act of 1964 (42 U.S.C.
        2000e(a)).
            (8) The term ``factors pertaining to job performance''
        means--
                    (A) employment history, including referrals from
                previous employers,
                    (B) ability and willingness to comply with the
                performance requirements (including attendance and
                procedures) of the particular employment involved,
                    (C) educational background,
                    (D) any use of a drug or of alcohol, that may
                adversely affect job performance,
                    (E) any conviction of an offense for which a term
                of imprisonment exceeding 1 year could have been
                imposed,
                    (F) any conflict of interest relating to the
                particular employment involved,
                    (G) seniority recognized under an applicable bona
                fide seniority system,
                    (H) ability to work well with others (cooperation
                and teamwork), and
                    (I) insubordination.
            (9) The term ``religious organization'' means--
                    (A) a religious corporation, association, or
                society, or
                    (B) a college, school, university, or other
                educational institution, not otherwise a religious
                organization, if--
                            (i) it is in whole or substantial part
                        controlled, managed, owned, or supported by a
                        religious corporation, association, or society,
                        or
                            (ii) its curriculum is directed toward the
                        propagation of a particular religion.
            (10) The term ``State'' has the meaning given such term in
        section 701(i) of the Civil Rights Act of 1964 (42 U.S.C.
        2000e(i)).

Output:
Workplace Fairness Act of 1996 - Prohibits employment discrimination on any basis other than job performance by covered entities, including an employing authority to which specified provisions of the Government Employee Rights Act of 1991 or the Congressional Accountability Act of 1995 apply.
Prohibits quotas.  Declares that this Act does not apply to religious organizations (except in their for-profit activities). Provides for enforcement.     Disallows State immunity.  Makes the United States liable for all remedies (except punitive damages) to the same extent as a private person.  Allows recovery of attorney's fees. Requires posting notices for employees and applicants.  Sets forth factors that pertain to job performance, including ability and willingness to comply with performance requirements (including attendance and procedures), any use of a drug or of alcohol that may adversely affect job performance, any conviction of an offense for which a term of imprisonment exceeding one year could have been imposed, and the ability to work well with others.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fair Wage Act''.

SEC. 2. MINIMUM WAGE INCREASES.

    (a) Minimum Wage.--
            (1) In general.--Section 6(a)(1) of the Fair Labor
        Standards Act of 1938 (29 U.S.C. 206(a)(1)) is amended to read
        as follows:
            ``(1) except as otherwise provided in this section, not
        less than--
                    ``(A) $8.00 an hour, beginning 30 days after the
                date of enactment of the Fair Wage Act or January 1,
                2017, whichever date is earlier;
                    ``(B) $9.00 an hour, beginning 1 year after the
                date the wage specified in subparagraph (A) takes
                effect;
                    ``(C) $10.00 an hour, beginning 2 years after such
                date;
                    ``(D) $11.00 an hour, beginning 3 years after such
                date;
                    ``(E) $12.00 an hour, beginning 4 years after such
                date;
                    ``(F) $13.00 an hour, beginning 5 years after such
                date;
                    ``(G) $14.00 an hour, beginning 6 years after such
                date;
                    ``(H) $15.00 an hour, beginning 7 years after such
                date; and
                    ``(I) beginning 8 years after such date, and
                annually thereafter, the amount determined by the
                Secretary pursuant to subsection (h).''.
            (2) Determination based in increase in consumer price
        index.--Section 6 of the Fair Labor Standards Act of 1938 (29
        U.S.C. 206) is amended by adding at the end the following:
    ``(h)(1) Each year, by not later than the date that is 90 days
before a new minimum wage determined under subsection (a)(1)(I) is to
take effect, the Secretary shall determine the minimum wage to be in
effect pursuant to this subsection for the subsequent 1-year period.
The wage determined pursuant to this subsection for a year shall be--
            ``(A) not less than the amount in effect under subsection
        (a)(1) on the date of such determination;
            ``(B) increased from such amount by the annual percentage
        increase in the Consumer Price Index for Urban Wage Earners and
        Clerical Workers (United States city average, all items, not
        seasonally adjusted), or its successor publication, as
        determined by the Bureau of Labor Statistics; and
            ``(C) rounded to the nearest multiple of $0.05.
    ``(2) In calculating the annual percentage increase in the Consumer
Price Index for purposes of paragraph (1)(B), the Secretary shall
compare such Consumer Price Index for the most recent month, quarter,
or year available (as selected by the Secretary prior to the first year
for which a minimum wage is in effect pursuant to this subsection) with
the Consumer Price Index for the same month in the preceding year, the
same quarter in the preceding year, or the preceding year,
respectively.''.
    (b) Publication of Notice.--Section 6 of the Fair Labor Standards
Act of 1938 (as amended by subsection (a)) (29 U.S.C. 206) is further
amended by adding at the end the following:
    ``(i) Not later than 60 days prior to the effective date of any
increase in the minimum wage determined under subsection (h), the
Secretary shall publish in the Federal Register and on the website of
the Department of Labor a notice announcing the adjusted required
wage.''.

SEC. 3. CREDIT AGAINST EMPLOYMENT TAXES OF CERTAIN EMPLOYERS WHO PAY
              MORE THAN THE FEDERAL MINIMUM WAGE.

    (a) In General.--Subchapter B of chapter 21 of the Internal Revenue
Code of 1986 is amended by adding at the end the following new section:

``SEC. 3113. CREDIT FOR CERTAIN EMPLOYERS WHO PAY MORE THAN THE FEDERAL
              MINIMUM WAGE.

    ``(a) In General.--In the case of a qualified employer, there shall
be allowed as a credit against the tax imposed under section 3111 an
amount equal to 6.2 percent of the wages paid by such employer to
qualified employees during the calendar year.
    ``(b) Qualified Employer.--For purposes of this section, the term
`qualified employer' means any employer for any calendar year if the
lowest hourly wage paid by such employer to the lowest paid employee of
such employer (determined on an hourly basis) exceeds the minimum
hourly wage in effect for such calendar year under section 6(a)(1) of
the Fair Labor Standards Act of 1938 by $1 or more per hour.
    ``(c) Qualified Employee.--For purposes of this section, the term
`qualified employee' means any employee of a qualified employer if--
            ``(1) such employee is compensated in wages on an hourly
        basis, and
            ``(2) such hourly wage is--
                    ``(A) not less than $1 more per hour than the
                minimum hourly wage in effect under section 6(a)(1) of
                the Fair Labor Standards Act of 1938,
                    ``(B) not more than $15 per hour, and
                    ``(C) in the case of any employee employed by such
                employer in any preceding calendar year, greater than
                the highest hourly wage paid by such employer to such
                employee during any such preceding calendar year.
    ``(d) Special Rules.--Wages shall be taken into account in
determining the amount of the credit allowed under subsection (a) only
if such wages are paid by the employer--
            ``(1) with respect to employment (as defined in section
        3121(b)), and
            ``(2) in the ordinary course of the employer's trade or
        business.''.
    (b) Trust Funds Held Harmless.--The amount of any transfer,
appropriation, or credit to any trust fund shall be determined without
regard to the amendment made by subsection (a).
    (c) Effective Date.--The amendment made by subsection (a) shall
apply to wages paid after the date that is 30 days after the date of
enactment of this Act or January 1, 2017, whichever date is earlier.

Output: Fair Wage Act This bill amends the Fair Labor Standards Act of 1938 to increase the federal minimum wage for employees to:  $8.00 an hour 30 days after this Act's enactment date or January 1, 2017, whichever date is earlier; $9.00 an hour, one year after the date the $8.00 an hour wage takes effect; $10.00 an hour, after two years; $11.00 an hour, after three years;  $12.00 an hour, after four years; $13.00 an hour, after five years; $14.00 an hour, after six years; $15.00 an hour, after seven years; and  the amount determined by the Department of Labor (based on increases in the Consumer Price Index) eight years after such date and annually thereafter.   The bill directs Labor, 60 days before any increase in the minimum wage, to publish it in the Federal Register and on Labor's website.  The bill amends the Internal Revenue Code to allow an employer who pays at least $1 more per hour than the federal minimum wage, but not more than $15 per hour, a credit against the employment tax equal to 6.2% of wages paid by such employer during the calendar year.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Congressional Openness Act''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--The Congress finds that--
            (1) it is often burdensome, difficult, and time-consuming
        for citizens to obtain timely access to public records of the
        United States Congress;
            (2) congressional documents that are placed in the
        Congressional Record are made available to the public
        electronically by the Superintendent of Documents under the
        direction of the Public Printer;
            (3) other congressional documents are also made available
        electronically on websites maintained by Members of Congress
        and committees of the Senate and the House of Representatives;
            (4) a wide range of public records of the Congress remain
        inaccessible to the public;
            (5) the public should have easy and timely access,
        including electronic access, to public records of the Congress;
            (6) the Congress should use new technologies to enhance
        public access to public records of the Congress; and
            (7) an informed electorate is the most precious asset of
        any democracy.
    (b) Purpose.--The purposes of this Act are--
            (1) to foster democracy by ensuring public access to public
        records of the Congress;
            (2) to improve public access to public records of the
        Congress; and
            (3) to enhance the electronic public access, including
        access via the Internet, to public records of the Congress.

SEC. 3. AVAILABILITY OF CERTAIN CRS INFORMATION.

    (a) Availability of Information.--
            (1) In general.--The Director of the Congressional Research
        Service shall make available through a centralized electronic
        database, for purposes of access and retrieval by the public
        under section 5 of this Act, all information described in
        paragraph (2) that is available through the Congressional
        Research Service website.
            (2) Information to be made available.--The information to
        be made available under paragraph (1) is:
                    (A) Congressional Research Service Issue Briefs.
                    (B) Congressional Research Service Reports that are
                available to Members of Congress through the
                Congressional Research Service website.
                    (C) Congressional Research Service Authorization of
                Appropriations Products and Appropriations Products.
    (b) Limitations.--
            (1) Confidential information.--Subsection (a) does not
        apply to--
                    (A) any information that is confidential, as
                determined by--
                            (i) the Director; or
                            (ii) the head of a Federal department or
                        agency that provided the information to the
                        Congressional Research Service; or
                    (B) any documents that are the product of an
                individual, office, or Committee research request
                (other than a document described in section 3(a)(2)).
            (2) Redaction and revision.--In carrying out this section,
        the Director of the Congressional Research Service may--
                    (A) remove from the information required to be made
                available under subsection (a) the name and phone
                number of, and any other information regarding, an
                employee of the Congressional Research Service;
                    (B) remove from the information required to be made
                available under subsection (a) any material for which
                the Director determines that making it available under
                subsection (a) may infringe the copyright of a work
                protected under title 17, United States Code; and
                    (C) make any changes in the information required to
                be made available under subsection (a) that the
                Director determines necessary to ensure that the
                information is accurate and current.
    (c) Time.--The Director of the Congressional Research Service shall
make available all information required under this section no earlier
than 30 days and no later than 40 days after the date on which the
information is first made available to Members of Congress through the
Congressional Research Service web site.
    (d) Manner.--The Director of the Congressional Research Service
shall make information required to be made available under this section
in a manner that--
            (1) is practical and reasonable; and
            (2) does not permit the submission of comments from the
        public.

SEC. 4. PUBLIC RECORDS OF THE CONGRESS.

    (a) Senate.--The Secretary of the Senate, through the Office of
Public Records and in accordance with such standards as the Secretary
may prescribe, shall make available on the Internet for purposes of
access and retrieval by the public:
            (1) Lobbyist disclosure reports.--Lobbyist disclosure
        reports required by the Lobbying Disclosure Act of 1995 (2
        U.S.C. 1601 et seq.) within 90 days (Saturdays, Sundays, and
        holidays excepted) after they are received.
            (2) Gift rule disclosure reports.--Senate gift rule
        disclosure reports required under paragraph 2 and paragraph
        4(b) of rule XXXV of the Standing Rules of the Senate within 5
        days (Saturdays, Sundays, and holidays excepted) after they are
        received.
    (b) Directory.--The Superintendent of Documents, under the
direction of the Public Printer in the Government Printing Office,
shall include information about the documents made available on the
Internet under this section in the electronic directory of Federal
electronic information required by section 4101(a)(1) of title 44,
United States Code.

SEC. 5. METHOD OF ACCESS.

    (a) In General.--The information required to be made available to
the public on the Internet under this Act shall be made available as
follows:
            (1) CRS information.--Public access to information made
        available under section 3 shall be provided through the
        websites maintained by members and committees of the Senate.
        The Director of the Congressional Research Service shall work
        with the Sergeant-at-Arms of the Senate to carry out this
        paragraph.
            (2) Public records.--Public access to information made
        available under section 4 by the Secretary of the Senate's
        Office of Public Records shall be provided through the United
        States Senate website.
    (b) Editorial Responsibility for CRS Reports Online.--The Director
of the Congressional Research Service is responsible for maintaining
and updating the information made available on the Internet under
section 3, and shall have sole discretion to edit that information
under this Act.
    (c) Further Approval Not Required.--Notwithstanding any other
provision of law to the contrary, the Director of the Congressional
Research Service shall make the information required to be made
available under section 3 of this Act without the prior approval of the
Senate Committee on Rules and Administration, the Committee on House
Oversight of the House of Representatives, or the Joint Committee on
Printing.

SEC. 6. CONGRESSIONAL COMMITTEE MATERIALS.

    It is the sense of the Senate that each standing and special
committee of the Senate and each Joint Committee of the Congress, in
accordance with such rules as the committee may adopt, should provide
access via the Internet to publicly-available committee information,
documents, and proceedings, including bills, reports, and transcripts
of committee meetings that are open to the public.

Output:
Congressional Openness Act - Requires the Director of the Congressional Research Service (CRS) to make accessible to the public via a centralized electronic database all information available through the CRS web site that is not confidential nor the product of an individual, office, or committee research request, including all CRS issue briefs, reports, and authorization or appropriations products.
Requires the information to be made accessible between 30 and 40 days after it is first available to Members of Congress through the CRS web site.
Directs the Secretary of the Senate, through the Office of Public Records, to make the following information available on the Internet for purposes of access and retrieval by the public: (1) lobbyist disclosure reports, within 90 days (Saturdays, Sundays, holidays excepted) after they are received; and (2) gift rule disclosure reports, within five days (Saturdays, Sundays, holidays excepted) after they are received.
Requires the Superintendent of Documents, under the direction of the Public Printer in the Government Printing Office, to include information about such available documents in the electronic directory of Federal electronic information.
Requires public access to: (1) the CRS information through the websites maintained by members and committees of the Senate; and (2) the lobbyist and gift rule disclosure reports through the U.S. Senate website.
Makes the CRS Director responsible for maintaining, updating, and editing the information made available on the Internet under this Act.
Allows the Director to make such information available without the prior approval of specified congressional committees.
Expresses the sense of the Senate that each standing and special committee of the Senate and each Joint Committee of the Congress should provide access via the Internet to publicly available committee information, documents, and proceedings, including bills, reports, and transcripts of committee meetings that are open to the public.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Homeowners Empowerment and
Protection Act of 1995''.

SEC. 2. FINDINGS.

    The Congress finds and declares that--
            (1) there are 65,000,000 homeowners in the United States,
        representing approximately two-thirds of all households, who
        have a strong and justified interest in preserving and
        enhancing the value of their property;
            (2) the value of a homeowner's home is based in large part
        on the location of the property relative to other features of
        the built and natural environment, and the increase or decrease
        in the value of a home over time is inextricably linked to
        changes in the quality of the neighborhood and environment in
        which the home is located, including but not limited to the
        quality of the water for drinking, fishing, and swimming, the
        clarity and healthfulness of the air, the risk of flooding, the
        scenic beauty of the community, the presence or absence of
        offensive odors and excessive noise, the health and abundance
        of wildlife resources, and other factors;
            (3) the value of homes in the United States is frequently
        reduced, and sometimes destroyed, by certain types of land
        development, industrial activity, and other actions that occur
        on neighboring properties or at other locations, including
        sites upwind, upstream, or upslope from private homes;
            (4) protecting private homeowners from the adverse affects
        of irresponsible actions of certain entities and individuals
        which cause injury to homeowners' property values is important
        not only to homeowners but also to their communities and
        society as a whole; and
            (5) current public information and participation procedures
        are often insufficient to provide individual homeowners with
        notice of activities and the opportunity to effectively
        participate in decisionmaking procedures that have the
        potential to significantly affect the value of their homes.

SEC. 3. HOMEOWNER RIGHT OF ACCESS TO INFORMATION ABOUT ACTIVITIES THAT
              COULD REDUCE THE VALUE OF THEIR HOMES.

    (a) Notice.--
            (1) General requirement.--Within 90 days after the
        enactment of this Act, the Director of the Office of Management
        and Budget shall establish uniform Federal procedures
        applicable to all agencies under this section. In accordance
        with such procedures, each agency shall require any person
        required to file any application to conduct property impacting
        activity with the agency to provide the notice described in
        this section. The Director shall designate a lead agency in the
        case of any application under this section that involves more
        than one agency.
            (2) Application to conduct property impacting activity.--
        For purposes of this section, the term an ``application to
        conduct property impacting activity'' means an application for
        a permit, license, or other approval form, or contract, lease,
        or other arrangement, with an agency, that would authorize the
        applicant, pursuant to Federal law, to conduct an activity that
        generates pollutants or produces other adverse impacts with the
        potential to reduce the value of any private home.
            (3) Homeowners required to receive notice.--The notice
        under this section shall be provided by delivery, by certified
        mail, of individual written notice to each homeowner whose
        property lies within \1/4\ mile of the perimeter of the site at
        which the activity that is the subject of the application will
        be carried out. The applicant shall also publish notice under
        this subsection at least 3 times in the newspapers of general
        circulation in the affected community. The agency may also
        provide notice under this subsection by mail to the owner of
        any home identified by the agency as reasonably likely
to suffer a reduction in value as a result of the proposed activity.
            (4) Notice contents.--The notice referred to in paragraph
        (2) shall describe the nature of the application to conduct
        property impacting activity, the potential impacts of the
        proposed activity on the value of private homes, potential
        impacts on homeowners and other members of the public, the name
        and telephone number of the applicant and an agency
        representative assigned to provide further information about
        the application, and any opportunities available for homeowner
        or other affected members of the public to comment on the
        proposed activity.
    (b) Public Response; Identification of Alternatives to Reduce
Property Impacts.--In addition to and not in lieu of any other
procedures established by law, each agency shall establish a toll-free
telephone number which homeowners may call to register concerns about
the potential effects on property values of an application for a
proposed activity or to request additional information concerning
applications to conduct property impacting activities filed with the
agency and opportunities to submit public comment. If requested by an
applicant or any homeowner whose property is reasonably likely to
suffer a reduction in value as a result of the activity to be
authorized by such application, the agency shall thoroughly investigate
the potential impact of the proposed activity on the value of private
homes, and seek to identify alternatives to the proposed action which
reduce the adverse effects on the value of private homes.

SEC. 4. HOMEOWNER RIGHT OF ACTION.

    (a) Right of Action.--Whenever any person has carried out any
activity that--
            (1) is authorized (or required to be authorized) by a
        permit, license, or other approval issued by an agency or
        pursuant to Federal law to such person, or by a contract,
        lease, or other arrangement between such person and an agency,
        and
            (2) generates pollutants or produces other adverse impacts
        that cause or significantly contribute to a total reduction in
        the value of one or more private homes of $10,000 or more,
any owner of a private home, the value of which is reduced by such
activity, may commence an action against such person under this
section.
    (b) Notice of Intent to Sue and Voluntary Claim Resolution
Procedures.--At least 30 days prior to filing an action under this
section, a homeowner shall deliver a notice of intent to sue to the
defendant and to the head of the agency to which the application to
conduct property impacting activity is submitted or required to be
submitted or which has authority to enter into the contract, lease, or
other arrangement. If either the homeowner or the defendant requests
that the agency resolve the claim, the agency head shall convene a
meeting of the parties and use his or her best efforts to arrive at a
just resolution of the claim in order to avoid unnecessary litigation
costs. Such efforts shall not affect the right of the homeowner to
bring an action under this section at any time after the expiration of
the 30-day period referred to in this subsection.
    (c) Burden of Proof.--In any action under this section, the
homeowner shall have the burden of demonstrating that the activity
conducted by the defendant caused or contributed to a reduction in the
value of the homeowner's home.
    (d) Class Actions.--Similarly affected homeowners are authorized to
file suit under this section in accordance with rule 23 of the Federal
Rules of Civil Procedure in Federal district court in the district
where his or her home is located.
    (e) Remedy.--Any homeowner authorized to bring suit under this
section shall be entitled to recover an amount equal to the reduction
in the value of the homeowner's home caused or significantly
contributed to by the activity referred to in subsection (a), except
that such compensation may not exceed the median value (as determined
by the court) of all private homes in the immediate vicinity of the
homeowner's home.
    (f) Attorneys Fees.--Any homeowner who receives compensation under
this section shall be awarded reasonable attorney's fees, including the
cost of expert witnesses and other reasonable costs.
    (g) Injunction.--In addition to providing compensation under this
section, whenever any activity that is the subject of an action under
this section constitutes a violation of any Federal statute,
regulation, permit, license, contract, lease, or other arrangement or
form of approval, the court may enjoin such activity.
    (h) Jurisdiction.--The United States district court shall have
original jurisdiction, concurrent with State courts, of any action
brought under this section.
    (i) Frivolous or Otherwise Improper Lawsuits.--If the court
dismisses any action under this section after finding that the
plaintiff's case was frivolous, dilatory, abusive, or brought to harass
the defendant or for any other improper purpose, in addition to any
other sanction available to the court under the Federal Rules of Civil
Procedure, the court may, upon motion by the defendant, order the
plaintiff to pay the defendant's reasonable attorney's fees and other
expenses reasonably incurred by the defendant in participating in the
litigation.
    (j) Statute of Limitations.--No action may be brought under this
section with respect to any private home or homes after the date 5
years after the date on which the total reduction in the value of such
home or homes has reached $10,000.
    (k) Savings Provisions.--
            (1) Prohibition of limitation on other claims.--No
        provision of this Act shall be construed to limit the rights of
        any person to pursue any claim or cause of action under the
        Constitution or any other law (including a claim or cause of
        action concerning real or personal property).
            (2) Prohibition of use as condition precedent.--
        Commencement of a suit under this Act, or receipt of
        compensation under this Act, shall not be a condition precedent
        for any claim or cause of action under any other authority of
        law.

SEC. 5. EFFECTIVE DATE.

    This Act shall apply to each permit, license, or other form of
approval issued by an agency after the date 180 days after the
enactment of this Act and to each contract, lease, or other arrangement
entered into by an agency after the date 180 days after the enactment
of this Act.

SEC. 6. DEFINITIONS.

    As used in this Act:
            (1) Agency.--The term ``agency'' has the meaning given that
        term in section 551(1) of title 5, United States Code.
            (2) Potential to reduce the value.--An activity that
        generates pollutants or produces other adverse impacts shall be
        considered to have the potential to reduce the value of any
        private home whenever such activity may result in physical
        damage or any other unlawful or objectively unreasonable
        interference with the use and enjoyment of a private home.
            (3) Private home.--The term ``private home'' means any
        owner occupied dwelling, including any multi-family dwelling
        and any condominium.
            (4) Reduction in value.--For any private home affected by
        an activity referred to in section 4, the term ``reduction in
        value'' means the difference (estimated based on values at the
        time an action is brought under this section) between the fair
        market value of the home, and the fair market value of the home
        in the absence of such activity.
            (5) Person.--The term ``person'' means any individual,
        corporation, partnership, or other organization or entity other
        than a Federal, State, or local government agency.

Output:
Homeowners Empowerment and Protection Act of 1995 - Requires the Director of the Office of Management and Budget to establish uniform Federal agency procedures with respect to application and homeowner notice requirements for the conduct of activities that generate pollutants or other adverse impacts with the potential to reduce private home values.
Directs each agency to:  (1) require any person filing an application to conduct property impacting activity to provide affected homeowners with written notice; (2) provide a toll-free telephone number for homeowner response; and (3) investigate the proposed activity's impact on home values.
Creates a homeowner right of action, including class action authority, for certain home value reductions.