Input:
SECTION 1. SHORT TITLE AND REFERENCE.

    (a) Short Title.--This Act may be cited as the ``Medical
Technology, Public Health, and Innovation Act of 1997''.
    (b) Reference.--Whenever in this Act an amendment or repeal is
expressed in terms of an amendment to, or a repeal of, a section or
other provision, the reference shall be considered to be made to a
section or other provision of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 321 et seq.).

SEC. 2. FINDINGS; MISSIONS STATEMENT.

    (a) Findings.--The Congress finds the following:
            (1) While the United States appropriately puts a top
        priority on the regulation of medical technologies to ensure
        the safety and efficacy of medical technologies that are
        introduced into the marketplace, the administration of such
        regulatory effort is causing the United States to lose its
        leadership role in producing innovative, top-quality medical
        devices.
            (2) One of the key components of the medical device
        regulatory process that contributes to the United States losing
        its leadership role in medical device development is the
        inordinate amount of time it takes for medical technologies to
        be reviewed by the Food and Drug Administration.
            (3) The most important result of the United States losing
        its leadership role is that patients in the United States do
        not have access to new medical technology in a timely manner.
            (4) Delayed patient access to new medical technology
        results in lost opportunities to save lives, to reduce
        hospitalization and recovery time, and to improve the quality
        of life of patients.
            (5) The economic benefits that the United States medical
        device industry, which is composed principally of smaller
        companies, has provided through growth in jobs and global trade
        are threatened by the slow and unpredictable regulatory process
        at the Food and Drug Administration.
            (6) The pace and predictability of the medical device
        regulatory process are in part responsible for the increasing
        tendency of United States medical device companies to shift
        research, product development, and manufacturing offshore, at
        the expense of American jobs, patients, and leading edge
        clinical research.
    (b) Mission Statement.--This legislation seeks to improve the
timeliness, effectiveness, and predictability of the medical device
approval process for the benefit of United States patients and the
United States economy by--
            (1) providing for the use of nationally and internationally
        recognized performance standards to assist the Food and Drug
        Administration in determining the safety and effectiveness of
        medical devices;
            (2) facilitating communication between medical device
        companies and the Food and Drug Administration;
            (3) targeting the use of Food and Drug Administration
        resources on medical devices that are likely to have serious
        adverse health consequences; and
            (4) requiring the Food and Drug Administration to determine
        the least costly, most efficient approach to reasonably
        assuring the safety and effectiveness of devices.

SEC. 3. DEVICE PERFORMANCE STANDARDS.

    (a) Alternative Procedure.--Section 514 (21 U.S.C. 360d) is amended
by adding at the end the following:

                ``recognition of a performance standard

    ``(c)(1)(A) The Secretary may, through publication in the Federal
Register, issue notices identifying and listing nationally and
internationally recognized performance standards for which persons may
provide a certification of a device's conformity under paragraph (3) in
order to meet the premarket submission requirements or other
requirements under the Act to which the standards are applicable.
    ``(B) Any person may elect to utilize data other than data required
by the standards described in subparagraph (A) to meet any requirement
under the Act to which the standards are applicable.
    ``(2) The Secretary may remove from the list of standards described
in paragraph (1) a standard that the Secretary determines is no longer
appropriate for making determinations with respect to the regulation of
devices.
    ``(3)(A) A person may provide a certification that a device
conforms to an applicable standard listed under paragraph (1) to meet
the requirements described in paragraph (1) and the Secretary shall
accept such certification.
    ``(B) The Secretary may, at any time, request a person who submits
a certification described in subparagraph (A) to submit the data or
information that the person relied on in making the certification.
    ``(C) A person who submits a certification described in
subparagraph (A) shall maintain the data and information upon which the
certification was made for a period of 2 years after the submission of
the certification or a time equal to the expected design life of a
device, whichever is longer.''.
    (b) Section 301.--Section 301 (21 U.S.C. 331) is amended by adding
at the end the following:
    ``(x) The falsification of a certification submitted under section
514(c)(3) or the failure or refusal to provide data or information
requested by the Secretary under such section.''.
    (c) Section 501.--Section 501(e) (21 U.S.C. 351(e)) is amended by
striking ``established'' and inserting ``established or listed''.

SEC. 4. PREMARKET APPROVAL.

    (a) Application.--Section 515(c) (21 U.S.C. 360e(c)) is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (F), by striking ``; and'' and
                inserting a semicolon;
                    (B) in subparagraph (G), by striking ``require.''
                and inserting ``require; and''; and
                    (C) by adding at the end the following:
            ``(H) an identifying reference to any performance standard
        listed under section 514(c) that is applicable to such
        device.''.
            (2) by adding at the end the following:
    ``(3) The Secretary shall accept historical clinical data as a
control for use in determining whether there is a reasonable assurance
of safety and effectiveness of a device in a case in which the effects
of the progression of a disease are clearly defined and well
understood.
    ``(4) The Secretary may not require the sponsor of an application
to conduct clinical trials for a device using randomized controls
unless the controls--
            ``(A) are necessary;
            ``(B) are scientifically and ethically feasible; and
            ``(C) other less burdensome and controls, such as
        historical controls, are not available to permit a
        determination of a reasonable assurance of safety and
        effectiveness.''.
    (b) Action on Application.--Section 515(d) (21 U.S.C. 360e(d)) is
amended--
            (1) in paragraph (1)(A)--
                    (A) by striking ``paragraph (2) of this
                subsection'' each place it appears and inserting
                ``paragraph (8)''; and
                    (B) by adding at the end the following flush
                paragraph:
``In making a determination to approve or deny an application, the
Secretary shall rely on the conditions of use proposed in the labeling
of device as the basis for determining whether or not there is a
reasonable assurance of safety and effectiveness. If, based on a fair
evaluation of all material facts, the proposed labeling of the device
is neither false nor misleading in any particular, the Secretary shall
not consider conditions of use not included in such labeling in making
the determination.'';
            (2) by redesignating paragraphs (2) and (3) as paragraphs
        (8) and (9), respectively; and
            (3) by inserting after paragraph (1) the following:
    ``(2) Each application received under subsection (c) shall be
reviewed in a manner to achieve final action within the 180-day period
described in subparagraph (A), and the 180-day period may not be
altered for any reason without the written consent of an applicant.
    ``(3)(A) Not later than 100 days after the receipt of an
application that has been filed by the Secretary because the
application satisfies the content requirements of subsection (c)(1),
the Secretary shall meet with the applicant and disclose each
deficiency relating to the application that would preclude approval of
the application under paragraph (1).
    ``(B) The applicant shall have the right to be informed in writing
with respect to the information communicated to the applicant during
the meeting.
    ``(4) To permit better treatment or better diagnoses of life-
threatening or irreversibly debilitating diseases or conditions, the
Secretary shall expedite the review for devices--
            ``(A) representing breakthrough technologies;
            ``(B) offering significant advantages over existing
        approved alternatives; or
            ``(C) for which accelerated availability is in the best
        interest of the public health.
    ``(5) The Secretary shall complete the review of all supplemental
applicants to an application approved under paragraph (1) that do not
contain clinical data within 90 days after the receipt of a
supplemental that has been accepted for filing.''
    ``(6)(A) A supplemental application shall be required for any
change to a device subject to an approved application under this
subsection if the change affects safety or effectiveness, unless the
change is a modification in a manufacturing procedures or method of
manufacturing and the holder of an approved application submits a
notice to the Secretary that describes the change and informs the
Secretary that the change has been made under the requirements of
section 520(f).
    ``(B)(i) In reviewing a supplement to an approved application for
an incremental change to the design of a device that affects safety or
effectiveness, the Secretary shall approve the supplement if--
            ``(I) nonclinical data demonstrate that a design
        modification creates the intended additional capacity,
        function, or performance of the device; and
            ``(II) clinical data from the approved application and any
        supplements to the approved application provide a reasonable
        assurance of safety and effectiveness.
    ``(ii) The Secretary may require, when necessary, additional
clinical data to evaluate the design modification to provide a
reasonable assurance of safety and effectiveness.
    ``(7) Any representation in promotional materials for a device
subject to an approved application under this subsection shall not be
subject to premarket approval under this section, unless such
representations establish new conditions of use. Any representations
made in promotional materials for devices subject to an approved
application shall be supported by appropriate data or information that
can substantiate the representations at the time such representations
are made.''.
    (c) Withdrawal or Temporary Suspension of Approval of
Application.--Section 5155(e)(1) (21 U.S.C. 360e(1)) is amended in
subparagraph (G) by inserting after the word ``effect'' the words ``or
listed.''

SEC. 5. PREMARKET NOTIFICATION.

    (a) Exemption of Certain Devices.--Section 510 (21 U.S.C. 360) is
amended--
            (1) in subsection (k), by striking ``intended for human
        use'' and inserting ``intended for human use (except a device
        that is classified into class I under section 513 or 520 or a
        device that is classified into class II under section 513 or
        520, and is exempt from the requirements of this subsection
        under subsection (l))'';
            (2) by adding at the end of subsection (k) (as amended by
        paragraph (1)) the following flush sentence:
``The Secretary shall review the notification required by this
subsection and make a determination under section 513(f)(1)(A) within
90 days after receiving the notification.''; and
            (3) by adding at the end the following:
    ``(1)(A) Within 30 days after the date of enactment of this
subsection, the Secretary shall develop and publish in the Federal
Register a list of each type of class II device that does not require a
report under subsection (k) to provide reasonable assurance of safety
and effectiveness. Each type of class II device identified by the
Secretary not to require the report shall be exempt from the
requirement to file a report under subsection (k) as of the date of the
publication of the list in the Federal Register.
    ``(B) Beginning on the date that is 1 day after the date of the
publication of a list under this subsection, any person may petition
the Secretary to exempt a type of class II device from the requirement
of subsection (k). The Secretary shall respond to the petition within
120 days after the receipt of the petition and determine whether or not
to grant the petition in whole or in part.''.
    (b) Special Rule Relating to Exemption of Class I Devices From
510(k) Notifications.--The exemption of a class I device from the
notification requirement of section 510(k) shall not apply to a class I
device that is life sustaining or life saving or that is intended to be
implanted into the human body.

SEC. 6. INVESTIGATIONAL DEVICE EXEMPTION.

    (a) Regulations.--Section 520(g) (21 U.S.C. 360j(g)) is amended--
            (1) by redesignating paragraphs (4) and (5) as paragraphs
        (5) and (6), respectively; and
            (2) by inserting after paragraph (3) the following:
    ``(4) The Secretary shall, within 120 days after the date of
enactment of this paragraph, by regulation, amending the content of
part 812 of title 21 of the Code of Federal Regulations, amend the
procedures with respect to the approval of clinical studies under this
subsection as follows:
            ``(A) The Secretary shall permit the sponsor of an
        investigation to meet with the Secretary prior to the
        submission of an application to develop a protocol for a
        clinical study subject to the regulation and require that the
        protocol be agreed upon in writing by the sponsor and the
        Secretary.
            ``(B)(i) The Secretary shall permit developmental changes
        to devices in response to information gathered during the
        course of an investigation without requiring an additional
        approval of an application for an investigational device
        exemption, or the approval of a supplement to the application,
        if the changes meet the following requirements:
                    ``(I) The changes do not constitute a significant
                change in the design of the product or a significant
                change in basic principles of operation.
                    ``(II) The changes do not adversely affect patient
                safety.
            ``(ii) The Secretary shall require that each such change
        shall be documented with information describing the change and
        the basis of the sponsor of application for concluding that the
        change does not constitute a significant change in design or
        operating principles, and that the change does not adversely
        affect patient safety.''.
    (b) Conforming Amendments.--Section 517(a)(7) (21 U.S.C.
360g(a)(7)) is amended--
            (1) by striking ``section 520(g)(4)'' and inserting
        ``section 520(g)(5)''; and
            (2) by striking ``section 520(g)(5)'' and inserting
        ``section 520(g)(6)''.

SEC. 7 PRODUCT REVIEW.

    Section 513 (21 U.S.C. 360c) is amended by--
            (1) in subsection (a)(3)(A)--
                    (A) by striking ``including clinical investigations
                where appropriate'' and inserting ``including 1 or more
                clinical investigations where appropriate'';
                    (B) by adding at the end the following: ``When
                evaluating the type and amount of data necessary to
                find a reasonable assurance of device effectiveness for
                an approval under section 515, the Secretary shall
                consider the extent to which reliance on postmarket
                controls may contribute to such assurance and expedite
                effectiveness determinations without increasing
                regulatory burdens on persons who submit applications
                under section 515(c).'';
            (2) in subsection (a)(3), by adding at the end the
        following:
    ``(C)(i) The Secretary upon the request of any person intending to
submit an application under section 515 shall meet with the person to
determine the type of valid scientific evidence within the meaning of
subparagraphs (A) and (B) that will be necessary to demonstrate the
effectiveness of a device for the conditions of use proposed by such
person to support an approval of an application.
    ``(ii) Within 30 days after such meeting, the Secretary shall
specify in writing the type of valid scientific evidence that will
provide a reasonable assurance that a device is effective under the
conditions of use proposed by the person.
    ``(iii) Any clinical data, including 1 or more well-controlled
investigations, specified by the Secretary for demonstrating a
reasonable assurance of device effectiveness shall reflect the
Secretary's determination that such data are necessary to establish
device effectiveness and that no other less burdensome means of
evaluating device effectiveness are available which would have a
reasonable likelihood of resulting in an approval.
    ``(2) The determination of the Secretary with respect to the
specification of the valid scientific evidence under clause (ii) shall
be binding upon the Secretary, unless such determination by the
Secretary would be contrary to the public health''; and
            (3) in subsection (i), by adding at the end the following:
    ``(C) To facilitate reviews of reports submitted to the Secretary
under section 510(k), the Secretary shall consider the extent to which
reliance on postmarket controls may expedite the classification of
devices under subsection (f)(1).
    ``(D) Whenever the Secretary requests information to demonstrate
that devices with differing technological characteristics are
substantially equivalent, the Secretary shall only request information
that is necessary to making substantial equivalence determinations. In
making such requests, the Secretary shall consider the least burdensome
means of demonstrating substantial equivalence and request information
accordingly.
    ``(E) Any determinations of substantial equivalence by the
Secretary shall be based upon the intended uses proposed in labeling
submitted in a report under section 510(k).
    ``(F) Any representations made in promotional materials for devices
shall not require a report under section 510(k), unless such
representations establish new intended uses for a legally marketed
device.''.

Output:
Medical Technology, Public Health, and Innovation Act of 1997 - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to authorize the Secretary of Health and Human Services to identify and list nationally and internationally recognized performance standards for which persons may self-certify a device's conformity in order to meet FDCA requirements.  Allows use of data other than that required by the standards to meet any FDCA requirement.  Adds to the list of prohibited acts certification falsification or the failure or refusal to provide the data or information relied on in the certification.
(Sec. 4) Requires that premarket approval applications include an identifying reference to any such performance standard.  Directs the Secretary to accept historical clinical data as a control for use in determining safety and effectiveness when a disease's progression is clearly defined and well understood.  Limits requiring clinical trials using randomized controls.  Modifies requirements regarding action on premarket approval applications.
(Sec. 5) Exempts from premarket notification requirements certain class I and class II devices.  Directs the Secretary to develop and publish a list of each type of class II device not requiring premarket notification.  Allows petitioning for exemption of a class II type from the notification requirement.
(Sec. 6) Changes clinical study approval procedures, allowing:  (1) the investigation sponsor to meet with the Secretary before application submission to develop a protocol; and (2) device developmental changes during an investigation without requiring an additional approval or an application supplement, if certain requirements are met.
(Sec. 7) Allows device effectiveness to be determined on the basis of one or more clinical investigations (currently, by well-controlled investigations).  Requires the Secretary:  (1) to consider the extent to which postmarket controls may contribute to the assurance of effectiveness and expedite effectiveness determinations without increasing regulatory burdens; (2) on request, to meet with an intended applicant to determine the type of effectiveness evidence that will be necessary; (3) to consider the extent to which postmarket controls may expedite device classification; (4) when requesting information demonstrating substantial equivalence, to only request information necessary to make substantial equivalence determinations; and (5) base substantial equivalence determinations on the intended uses in submitted labeling.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Lower Eastern Shore American
Heritage Area Act of 1996''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Coordinating entity.--The term ``coordinating entity''
        means the Lower Eastern Shore Heritage Committee, Inc., a
        nonprofit corporation organized under the laws of Maryland.
            (2) Heritage area.--The term ``Heritage Area'' means the
        Lower Eastern Shore American Heritage Area established under
        section 5.
            (3) Participating partner.--The term ``participating
        partner'' means a county that has entered into the compact
        under section 6.
            (4) Secretary.--The term ``Secretary'' means the Secretary
        of the Interior.

SEC. 3. FINDINGS.

    Congress finds that--
            (1) the Lower Eastern Shore possesses important historical,
        cultural, and natural resources, representing themes of
        settlement, migration, transportation, commerce, and natural
        resource uses, as described in the Lower Eastern Shore Heritage
        Plan (1992), endorsed by local governments, and in the draft
        report, Investing in a Special Place: A Report by the National
        Park Service to Congress and the Public on Resources,
        Accomplishments, and Opportunities for Conservation and
        Sustainable Development: Lower Eastern Shore, Maryland (1995);
            (2) the Lower Eastern Shore played an important role in the
        history of the American Revolution and the Civil War;
            (3) the Lower Eastern Shore gave birth to the uniquely
        American art form of decoy-carving through the internationally
        recognized work of Lemuel and Steve Ward and played a central
        role in the recognition of the aesthetic value of waterfowl
        habitat and landscapes;
            (4) the skipjack, a popular symbol of the Chesapeake Bay
        designed and used in Maryland for harvesting oysters, is the
        last commercial sailing vessel still used in North America;
            (5) the Lower Eastern Shore played an important role in the
        evolution of the colonial and American agricultural, timbering,
        shipping, and seafood industries in the 17th through 20th
        centuries, exemplified in many structures and landscapes,
        including farms and plantations, railroad towns, seafood
        processing industries, docks, and what was once the largest
        cannery in the United States;
            (6) the Lower Eastern Shore rural townscapes and
        landscapes--
                    (A) display exceptional surviving physical
                resources illustrating the themes of the Lower Eastern
                Shore and the social, industrial, and cultural history
                of the 17th through the early 20th centuries; and
                    (B) include many national historic sites and
                landmarks;
            (7) the Lower Eastern Shore is the home of traditions and
        research efforts associated with native American, African-
        American, and European-American settlements dating to periods
        before, during, and after European contact, and retains
        physical, social, and cultural evidence of the traditions; and
            (8) the State of Maryland has established a structure to
        enable Lower Eastern Shore communities to join together to
        preserve, conserve, and manage the Lower Eastern Shore's
        resources through the Maryland Greenways Commission, river
        conservation, trail development, and other means.

SEC. 4. PURPOSES.

    The purposes of this Act are to--
            (1) recognize the importance of the history, culture, and
        living resources of the Lower Eastern Shore to the United
        States;
            (2) assist the State of Maryland and the communities of the
        Lower Eastern Shore in protecting, restoring, and interpreting
        the Lower Eastern Shore's resources for the benefit of the
        United States; and
            (3) authorize Federal financial and technical assistance to
        serve the purposes stated in paragraph (1) and (2).

SEC. 5. LOWER EASTERN SHORE AMERICAN HERITAGE AREA.

    (a) Establishment.--The Secretary shall establish a Lower Eastern
Shore American Heritage Area.
    (b) Initial Geographic Scope.--
            (1) In general.--Except as otherwise provided in this
        subsection, the Heritage Area shall consist of the Maryland
        counties of Somerset, Wicomico, and Worcester.
            (2) Local agreement to participate.--The government of each
        county listed under paragraph (1) and each municipality in a
        county listed under paragraph (1) shall become a participating
        partner by entering into the compact under section 6.
            (3) Additional partners.--The Secretary may include a
        county or municipality other than those listed in paragraph (1)
        to be part of the Heritage Area if the county becomes a
        participating partner by entering into the compact under
        section 6.
            (4) Coordination.--The Secretary may coordinate with or
        allow participation by any county, city, town, or village in
        the Lower Eastern Shore.

SEC. 6. COMPACT.

    (a) In General.--To carry out the purposes of this Act, the
Secretary shall enter into a compact with the State of Maryland, the
coordinating entity, and any county eligible to be a participating
partner under section 5.
    (b) Information.--The compact shall include information relating to
the objectives and management of Heritage Area programs, including--
            (1) a discussion of the goals and objectives of Heritage
        Area programs, including an explanation of a proposed approach
        to conservation and interpretation and a general outline of the
        measures committed to by the parties to the compact;
            (2) a description of the respective roles of the
        participating partners;
            (3) a list of the initial partners to be involved in
        developing and implementing a management plan for the Heritage
        Area and a statement of the financial commitment of the
        partners; and
            (4) a description of the role of the State of Maryland.

SEC. 7. MANAGEMENT PLAN.

    (a) In General.--The coordinating entity and the participating
partners shall develop a management plan for the Heritage Area that
presents comprehensive recommendations for conservation, program
funding, management, and development.
    (b) Plan Requirements.--The management plan shall--
            (1) be consistent with State and local plans in existence
        prior to development of the management plan;
            (2) involve residents, public agencies, universities, and
        private organizations working in the Heritage Area;
            (3) specify the existing and potential sources of funding
        to protect, manage, and develop the Heritage Area; and
            (4) include--
                    (A) a description of actions to be undertaken by
                units of government and private organizations;
                    (B) an inventory of the resources contained in the
                Heritage Area, including a list of any property in the
                Heritage Area that is related to the themes of the
                Heritage Area and that should be preserved, restored,
                managed, developed, or maintained because of the
                property's natural, cultural, historical, recreational,
                or scenic significance;
                    (C) a recommendation of policies for resource
                management that considers and details application of
                appropriate land and water management techniques,
                including the development of intergovernmental
                cooperative agreements to protect the Heritage Area's
                historical, cultural, recreational, and natural
                resources in a manner that is consistent with
                supporting appropriate and compatible economic
                viability;
                    (D) a program for implementation of the management
                plan, including plans for restoration and construction,
                and specific commitments of the participating partners
                for the first 5 years of operation;
                    (E) an analysis of ways in which Federal, State,
                and local programs may best be coordinated to promote
                the purposes of this Act; and
                    (F) an interpretation plan for the Heritage Area.
    (c) Time Limit for Submission of a Management Plan.--If the
Secretary has not approved a management plan by the date that is 2
years after the date of enactment of this Act, the Heritage Area shall
be ineligible for Federal funding until a management plan is approved.

SEC. 8. THE COORDINATING ENTITY AND PARTICIPATING PARTNERS.

    (a) Duties of the Coordinating Entity and Participating Partners.--
The coordinating entity and participating partners shall--
            (1) develop and submit to the Secretary for approval a
        management plan pursuant to section 7 not later than the date
        that is 2 years after the date of enactment of this Act;
            (2) give priority to implementing actions set forth in the
        compact and the management plan, including taking steps to--
                    (A) assist units of government, regional planning
                organizations, and nonprofit organizations in--
                            (i) preserving the Heritage Area;
                            (ii) establishing and maintaining
                        interpretive exhibits in the Heritage Area;
                            (iii) developing recreational resources in
                        the Heritage Area;
                            (iv) increasing public awareness of and
                        appreciation for the natural, historical, and
                        architectural resources and sites in the
                        Heritage Area; and
                            (v) restoring any historic building
                        relating to the themes of the Heritage Area;
                    (B) encourage by appropriate means economic
                vitality in the area consistent with the management
                plan for the Heritage Area;
                    (C) encourage local governments to adopt policies
                consistent with the management of the Heritage Area and
                the goals of the plan; and
                    (D) assist units of government, regional planning
                organizations, businesses, and nonprofit organizations
                to ensure that clear, consistent, and environmentally
                appropriate signs identifying access points and sites
                of interest are put in place throughout the Heritage
                Area;
            (3) consider the interests of diverse governmental,
        business, and nonprofit groups within the Heritage Area;
            (4) conduct public meetings not less frequently than
        quarterly regarding the implementation of the management plan;
            (5) submit substantial changes (including any increase of
        more than 20 percent in the cost estimates for implementation)
        to the management plan to the Secretary for approval;
            (6) for any year in which Federal funds have been received
        under this Act, submit an annual report to the Secretary
        setting forth the accomplishments and expenses and income of
        the coordinating entity and the participating partners and the
        entity to which any loans and grants were made during the year
        for which the report is made; and
            (7) for any year in which Federal funds have been received
        under this Act, make available for audit all records pertaining
        to the expenditure of the Federal funds and any matching funds
        and require, for all agreements authorizing expenditure of
        Federal funds by other organizations, that the receiving
        organizations make available for audit all records pertaining
        to the expenditure of the funds.
    (b) Federal Funding.--
            (1) Operations.--The Federal contribution to the operations
        of the coordinating entity and participating partners shall not
        exceed 50 percent of the annual operating cost of the entity
        and partners associated with carrying out this Act.
            (2) Implementation.--A grant to the coordinating entity or
        a participating partner for implementation of this Act may not
        exceed 75 percent of the cost of the entity and partners for
        implementing this Act.
    (c) Prohibition of Acquisition of Real Property.--The coordinating
entity may not use Federal funds received under this Act to acquire
real property or an interest in real property.
    (d) Eligibility To Receive Financial Assistance.--
            (1) Eligibility.--Except as provided in paragraph (2), the
        coordinating entity shall be eligible to receive funds to carry
        out this Act for a period of 10 years after the date on which
        the compact under section 6 is signed by the Secretary and the
        coordinating entity.
            (2) Exception.--The coordinating entity may receive funding
        under this Act for a period of not more than 5 additional
        years, if--
                    (A) the coordinating entity determines that the
                extension is necessary in order to carry out the
                purposes of this Act and the coordinating entity
                notifies the Secretary of the determination not later
                than 180 days prior to the termination date;
                    (B) not later than 180 days prior to the
                termination date, the coordinating entity presents to
                the Secretary a plan of activities for the period of
                the extension, including a plan for becoming
                independent of the funds made available through this
                Act; and
                    (C) the Secretary, in consultation with the
                Governor of Maryland, approves the extension of
                funding.
    (e) Other Federal Funds.--Nothing in this Act shall affect the use
of Federal funds received by the coordinating entity or a participating
partner under any other Act.

SEC. 9. DUTIES AND AUTHORITIES OF FEDERAL AGENCIES.

    (a) Duties and Authorities of the Secretary.--
            (1) Grants to the coordinating entity and participating
        partners.--The Secretary shall make grants available to the
        coordinating entity and the participating partners to carry out
        this Act.
            (2) Technical and financial assistance.--
                    (A) In general.--On request of the coordinating
                entity, the Secretary may provide technical and
                financial assistance to the coordinating entity and
                participating partners to develop and implement the
                management plan.
                    (B) Priority.--In assisting the coordinating entity
                and participating partners, the Secretary shall give
                priority to actions that--
                            (i) conserve the significant natural,
                        historic, and cultural resources of the
                        Heritage Area; and
                            (ii) provide educational, interpretive, and
                        recreational opportunities consistent with the
                        resources and associated values of the Heritage
                        Area.
                    (B) Expenditures for nonfederally owned property.--
                The Secretary may expend Federal funds on nonfederally
                owned property to further the purposes of this Act,
                including assisting units of government in appropriate
                treatment of districts, sites, buildings, structures,
                and objects listed or eligible for listing on the
                National Register of Historic Places.
            (2) Approval and disapproval of compacts and management
        plans.--
                    (A) In general.--The Secretary, in consultation
                with the Governor of Maryland, shall approve or
                disapprove a compact or management plan submitted under
                this Act not later than 90 days after receiving the
                compact or management plan.
                    (B) Action following disapproval.--
                            (i) In general.--If the Secretary
                        disapproves a compact or management plan, the
                        Secretary shall advise the coordinating entity
                        in writing of the reasons for rejecting the
                        compact or plan and shall make recommendations
                        for revisions in the compact or plan.
                            (ii) Approval of revision.--The Secretary
                        shall approve or disapprove a proposed revision
                        not later than 90 days after the date the
                        revision is submitted.
            (3) Approving amendments.--
                    (A) In general.--The Secretary shall review
                substantial amendments to the management plan for the
                Heritage Area.
                    (B) Funds for amendment.--Funds made available
                under this Act may not be expended to implement a
                substantial amendment to the management plan until the
                Secretary approves the amendment.
            (4) Issuing regulations.--The Secretary shall issue such
        regulations as are necessary to carry out this Act.
    (b) Duties of Federal Entities.--A Federal entity conducting or
supporting an activity directly affecting the Heritage Area, and any
unit of government acting pursuant to a grant of Federal funds or a
Federal permit or agreement conducting or supporting an activity
directly affecting the Heritage Area, shall, to the maximum extent
practicable--
            (1) consult with the Secretary and the coordinating entity
        with respect to the activity;
            (2) cooperate with the Secretary and the coordinating
        entity in carrying out the duties of the Secretary and the
        coordinating entity under this Act; and
            (3) conduct or support the activity in a manner consistent
        with the management plan.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary
to carry out this Act.

Output:
Lower Eastern Shore American Heritage Area Act of 1996 - Directs the Secretary of the Interior to establish a Lower Eastern Shore American Heritage Area in the Maryland counties of Somerset, Wicomico, and Worcester.
Requires the Secretary to enter into a compact (which shall include information relating to the objectives and management of the Area's programs) with the State of Maryland, the Lower Eastern Shore Heritage Committee, Inc. (coordinating entity) and any county eligible to be a participating partner under this Act.
Requires the coordinating entity and the participating partners to develop a management plan for the Area that presents comprehensive recommendations for conservation, program funding, management, and development.
Provides that, if the Secretary has not approved a plan by two years after this Act's enactment date, the Area shall be ineligible for Federal funding until a management plan is approved.
Sets forth provisions concerning:  (1) the duties of the coordinating entity and participating partners; (2) limitations on Federal contributions for the operation and implementation costs of such entities and partners with respect to this Act; (3) a prohibition on use of such funds for acquisition of real property; and (4) eligibility of coordinating entities to receive the funds for a ten- year period after the date on which the compact is signed and, if necessary, for an additional five-year period, under specified conditions.
Directs the Secretary to make grants available to the coordinating entity and participating partners.  Authorizes the Secretary to provide technical and financial assistance to coordinating entities and participating partners, on the request of coordinating entities.
Allows the Secretary to expend Federal funds for nonfederally- owned property to further the purpose of this Act.
Requires a Federal entity conducting or supporting an activity directly affecting the Area and any unit of government acting pursuant to a grant of Federal funds or a Federal permit or agreement conducting or supporting such activity to:  (1) consult with the Secretary and the coordinating entity with respect to the activity; (2) cooperate with the Secretary and the entity in carrying out the Secretary's and the entity's duties under this Act; and (3) conduct or support the activity in a manner consistent with the management plan.
Authorizes appropriations.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Liberian Refugee Immigration
Fairness Act of 2015''.

SEC. 2. ADJUSTMENT OF STATUS.

    (a) Adjustment of Status.--
            (1) In general.--
                    (A) Eligibility.--Except as provided under
                subparagraph (B), the Secretary of Homeland Security
                shall adjust the status of an alien described in
                subsection (b) to that of an alien lawfully admitted
                for permanent residence if the alien--
                            (i) applies for adjustment not later than 1
                        year after the date of the enactment of this
                        Act; and
                            (ii) is otherwise eligible to receive an
                        immigrant visa and admissible to the United
                        States for permanent residence, except that, in
                        determining such admissibility, the grounds for
                        inadmissibility specified in paragraphs (4),
                        (5), (6)(A), and (7)(A) of section 212(a) of
                        the Immigration and Nationality Act (8 U.S.C.
                        1182(a)) shall not apply.
                    (B) Ineligible aliens.--An alien shall not be
                eligible for adjustment of status under this section if
                the Secretary of Homeland Security determines that the
                alien--
                            (i) has been convicted of any aggravated
                        felony (as defined in section 101(a)(43) of the
                        Immigration and Nationality Act (8 U.S.C.
                        1101(a)(43));
                            (ii) has been convicted of 2 or more crimes
                        involving moral turpitude; or
                            (iii) has ordered, incited, assisted, or
                        otherwise participated in the persecution of
                        any person on account of race, religion,
                        nationality, membership in a particular social
                        group, or political opinion.
            (2) Relationship of application to certain orders.--
                    (A) In general.--An alien present in the United
                States who has been subject to an order of exclusion,
                deportation, or removal, or has been ordered to depart
                voluntarily from the United States under any provision
                of the Immigration and Nationality Act may,
                notwithstanding such order, apply for adjustment of
                status under paragraph (1) if otherwise qualified under
                such paragraph.
                    (B) Separate motion not required.--An alien
                described in subparagraph (A) may not be required, as a
                condition of submitting or granting such application,
                to file a separate motion to reopen, reconsider, or
                vacate the order described in subparagraph (A).
                    (C) Effect of decision by secretary.--If the
                Secretary of Homeland Security adjusts the status of an
                alien pursuant to an application under paragraph (1),
                the Secretary shall cancel the order described in
                subparagraph (A). If the Secretary of Homeland Security
                makes a final decision to deny such adjustment of
                status, the order shall be effective and enforceable to
                the same extent as if the application had not been
                made.
    (b) Aliens Eligible for Adjustment of Status.--
            (1) In general.--The benefits provided under subsection (a)
        shall apply to any alien--
                    (A) who is--
                            (i) a national of Liberia; and
                            (ii) has been continuously present in the
                        United States between January 1, 2013, and the
                        date on which the alien submits an application
                        under subsection (a); or
                    (B) who is the spouse, child, or unmarried son or
                daughter of an alien described in subparagraph (A).
            (2) Determination of continuous physical presence.--For
        purposes of establishing the period of continuous physical
        presence referred to in paragraph (1)(A)(ii), an alien shall
        not be considered to have failed to maintain continuous
        physical presence by reasons of an absence, or absences, from
        the United States for any period or periods amounting in the
        aggregate to not more than 180 days.
    (c) Stay of Removal.--
            (1) In general.--The Secretary of Homeland Security shall
        establish procedures, by regulation, through which an alien,
        who is subject to a final order of deportation, removal, or
        exclusion, may seek a stay of such order based upon the filing
        of an application under subsection (a).
            (2) During certain proceedings.--Notwithstanding any
        provision in the Immigration and Nationality Act (8 U.S.C. 1101
        et seq.), the Secretary of Homeland Security may not order an
        alien to be removed from the United States if the alien is in
        exclusion, deportation, or removal proceedings under any
        provision of such Act and has applied for adjustment of status
        under subsection (a) unless the Secretary of Homeland Security
        has made a final determination to deny the application.
            (3) Work authorization.--
                    (A) In general.--The Secretary of Homeland Security
                may--
                            (i) authorize an alien who has applied for
                        adjustment of status under subsection (a) to
                        engage in employment in the United States while
                        a determination regarding such application is
                        pending; and
                            (ii) provide the alien with an ``employment
                        authorized'' endorsement or other appropriate
                        document signifying authorization of
                        employment.
                    (B) Pending applications.--If an application for
                adjustment of status under subsection (a) is pending
                for a period exceeding 180 days and has not been
                denied, the Secretary of Homeland Security shall
                authorize such employment.
    (d) Record of Permanent Residence.--Upon the approval of an alien's
application for adjustment of status under subsection (a), the
Secretary of Homeland Security shall establish a record of the alien's
admission for permanent residence as of the date of the alien's arrival
in the United States.
    (e) Availability of Administrative Review.--The Secretary of
Homeland Security shall provide to applicants for adjustment of status
under subsection (a) the same right to, and procedures for,
administrative review as are provided to--
            (1) applicants for adjustment of status under section 245
        of the Immigration and Nationality Act (8 U.S.C. 1255); and
            (2) aliens subject to removal proceedings under section 240
        of such Act (8 U.S.C. 1229a).
    (f) Limitation on Judicial Review.--A determination by the
Secretary of Homeland Security regarding the adjustment of status of
any alien under this section is final and shall not be subject to
review by any court.
    (g) No Offset in Number of Visas Available.--If an alien is granted
the status of having been lawfully admitted for permanent residence
pursuant to this section, the Secretary of State shall not be required
to reduce the number of immigrant visas authorized to be issued under
any provision of the Immigration and Nationality Act (8 U.S.C. 1101 et
seq.).
    (h) Application of Immigration and Nationality Act Provisions.--
            (1) Definitions.--Except as otherwise specifically provided
        in this Act, the definitions contained in the Immigration and
        Nationality Act (8 U.S.C. 1101 et seq.) shall apply in this
        section.
            (2) Savings provision.--Nothing in this Act may be
        construed to repeal, amend, alter, modify, effect, or restrict
        the powers, duties, function, or authority of the Secretary of
        Homeland Security in the administration and enforcement of the
        Immigration and Nationality Act or any other law relating to
        immigration, nationality, or naturalization.
            (3) Effect of eligibility for adjustment of status.--
        Eligibility to be granted the status of having been lawfully
        admitted for permanent residence under this section shall not
        preclude an alien from seeking any status under any other
        provision of law for which the alien may otherwise be eligible.

Output: Liberian Refugee Immigration Fairness Act of 2015   This bill directs the Department of Homeland Security to adjust to permanent resident status a qualifying Liberian national who: (1) has been continuously present in the United States between January 1, 2013, through the date of status adjustment application; or (2) is the spouse, child, or unmarried son or daughter of such an alien.  Adjustment applications must be filed not later than one year after the date of enactment of this bill.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Compete for the Future Act of
2018''.

SEC. 2. ESTABLISHMENT OF PRIZE COMPETITION.

    (a) Prize Competition.--
            (1) In general.--From the amounts appropriated under
        subsection (d), the Secretary of Education, in consultation
        with the Secretary of Labor, shall establish a prize
        competition for eligible programs designed to prepare high
        school students to enter and succeed in an in-demand industry
        sector or occupation. Such competition shall meet the
        requirements of section 24 of the Stevenson-Wylder Technology
        Innovation Act of 1980 (15 U.S.C. 3719).
            (2) Selection.--In selecting a winner for each prize, the
        Secretary shall evaluate how successfully an eligible program
        provides high school students with the rigorous and challenging
        academic and technical knowledge and skills such students need
        to prepare for careers in in-demand industry sectors or
        occupations, including by earning an industry-recognized
        certificate or credential or by entering a postsecondary
        apprenticeship.
            (3) Priority.--In evaluating eligible programs for each
        prize, the Secretary shall give priority to applications from
        eligible programs that are located in or adjacent to a census
        tract that is certified and designated as a qualified
        opportunity zone (as defined in section 1400Z-1 of the Internal
        Revenue Code of 1986).
    (b) Eligible Program.--The term ``eligible program'' means a
program or set of strategies, including a pre-apprenticeship program, a
registered youth apprenticeship program, or other similar secondary
school program, that--
            (1) prepares high school students to enter and succeed in
        an in-demand industry sector or occupation by--
                    (A) entering an apprenticeship program upon
                completion of the eligible program; or
                    (B) earning a recognized credential upon completion
                of the eligible program;
            (2) has a documented industry partnership; and
            (3) incorporates training and curriculum based on industry
        standards and approved by the documented industry partnership
        that will prepare individuals with the skills and competencies
        needed to enter an in-demand industry sector or occupation.
    (c) Report.--Not later than 120 days after the conclusion of a
prize competition under subsection (a), the Secretary of Education, in
consultation with the Secretary of Labor, shall report to Congress
recommendations on best practices for creating and developing pre-
apprenticeship and other programs designed to prepare high school
students to enter and succeed in an in-demand industry sector or
occupation.
    (d) Other Definitions.--In this Act:
            (1) Apprenticeship.--The term ``apprenticeship'' refers to
        an apprenticeship registered under the Act of August 16, 1937
        (commonly known as the ``National Apprenticeship Act''; 50
        Stat. 664, chapter 663; 29 U.S.C. 50 et seq.).
            (2) Documented industry partnership.--The term ``documented
        industry partnership'' means a workforce collaborative, acting
        in partnership with a program that is designed to prepare high
        school students to enter and succeed in an in-demand industry
        sector or occupation, that organizes key stakeholders in an
        industry into a working group that focuses on the shared goals
        and human resources needs of the industry and that includes
        representatives of multiple businesses or other employers in
        the industry, including small and medium-sized employers when
        practicable, and at the appropriate stage of development of the
        partnership, may include representatives of--
                    (A) State or local government;
                    (B) State or local economic development agencies;
                    (C) a recognized State labor organization or
                central labor council, or another labor representative,
                as appropriate;
                    (D) State boards or local boards, as appropriate;
                    (E) a State workforce agency or other entity
                providing employment services;
                    (F) an institution of higher education with, or
                another provider of, education or training programs
                that support the industry;
                    (G) business or trade associations;
                    (H) economic development organizations;
                    (I) nonprofit organizations, community-based
                organizations, or intermediaries;
                    (J) industry associations; and
                    (K) other organizations, as determined to be
                necessary by the members comprising the documented
                industry partnership.
            (3) High school.--The term ``high school'' has the meaning
        given the term in section 8101 of the Elementary and Secondary
        Education Act of 1965 (20 U.S.C. 7801).
            (4) In-demand industry sector or occupation.--The term
        ``in-demand industry sector or occupation'' has the meaning
        given such term in section 3 of the Workforce Innovation and
        Opportunity Act (29 U.S.C. 3102).
            (5) Recognized credential.--The term ``recognized
        credential'' means a credential consisting of an industry-
        recognized certificate or certification, or a certificate of
        completion of an apprenticeship.
    (e) Authorization of Appropriations.--There are authorized to be
appropriated $2,000,000 to carry out this Act.

Output: Compete for the Future Act of 2018 This bill directs the Department of Education to establish a prize competition for certain programs designed to prepare high school students to enter and succeed in an in-demand industry sector or occupation. Such programs are those that: (1) prepare students to enter and succeed in such sector or occupation by entering an apprenticeship program, or by earning a recognized credential, upon completion; (2) have a documented industry partnership; and (3) incorporate training and curriculum based on industry standards and approved by the partnership that will prepare individuals with the skills and competencies needed to enter an in-demand industry sector or occupation.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``North Korea Sanctions Act of 2009''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) North Korean negotiators in the Six-Party diplomatic
        process did not act in good faith by their refusal to agree to
        a transparent verification process for denuclearization
        consistent with ``international standards'', including
        provisions for nuclear sampling, following North Korea's
        removal on October 11, 2008, from the list of state sponsors of
        terrorism maintained by the Department of State.
            (2) International press reports indicate that North Korea
        has continued to provide support to Iran in the areas of
        missile technology and nuclear development and has provided
        Iran's surrogates, Hezbollah and Hamas, with both missile
        technology and training in tunneling techniques with which to
        attack Israel, an ally of the United States.
            (3) International press reports indicate that North Korea
        was engaged for a number of years in assistance to Syria in the
        construction of a nuclear reactor in the Syrian desert which
        was destroyed in a strike by Israeli forces on September 6,
        2007.
            (4) North Korean negotiators continue to refuse to address
        in a humane and sincere manner the issue of the abduction of
        civilians of Japan and the Republic of Korea, both allies of
        the United States, as well as the abductions of citizens from a
        number of other countries, including France, Lebanon, Romania,
        and Thailand.
            (5) Defectors coming out of North Korea have provided
        testimony that United States permanent resident, Reverend Kim
        Dong-shik, the spouse and father of United States citizens, was
        tortured and murdered inside North Korea after his abduction by
        Pyongyang's agents on the Chinese border in January 2000 and
        that his remains are currently being held at a military
        facility inside North Korea.
            (6) Congress authoritatively expressed its view, in section
        202(b)(2) of the North Korean Human Rights Act of 2004 (Public
        Law 108-333; 22 U.S.C. 24 7832(b)(2)) that ``United States
        nonhumanitarian assistance to North Korea shall be contingent
        on North Korea's substantial progress'' on human rights
        improvements, release of and accounting for abductees, family
        reunification, reform of North Korea's labor camp system, and
        the decriminalization of political expression, none of which
        has occurred.
            (7) Congress further authoritatively expressed its view, in
        section 2 of the North Korean Human Rights Reauthorization Act
        of 2008 (Public Law 110-346) that ``human rights and
        humanitarian conditions inside North Korea are deplorable'' and
        that ``North Korean refugees remain acutely vulnerable''.
            (8) Congress has determined that any missile test or launch
        conducted by North Korea would be in direct violation of United
        Nations Security Council resolution 1695, adopted on July 16,
        2006, which ``condemns the multiple launches by the DPRK (North
        Korea) of ballistic missiles on July 5, 2006, local time'', and
        United Nations Security Council resolution 1718, adopted on
        October 9, 2006, which ``demands that the DPRK (North Korea)
        not conduct any further nuclear test or launch of a ballistic
        missile'' and ``decides that the DPRK shall suspend all
        activities related to its ballistic missile programme and in
        this context re-establish its pre-existing commitments to a
        moratorium on missile launching'', and further determines that
        the resulting sanctions imposed under such resolution 1718
        would again come into full effect following a missile test or
        launch.
            (9) Congress has further determined that a return by North
        Korea to the Six-Party diplomatic process following any missile
        test or launch by Pyongyang must include a firm and transparent
        commitment to the complete, verifiable and irreversible
        dismantlement of all of North Korea's nuclear programs,
        including those derived both from plutonium as well as highly
        enriched uranium.
            (10) Japanese press reports have indicated that a
        delegation of approximately fifteen Iranian missile experts
        have arrived in North Korea in March 2009 ``to help Pyongyang
        prepare for a rocket launch'', including senior officials with
        the Iranian rocket and satellite producer Shahid Hemmat
        Industrial Group, and that they brought with them a letter from
        their President Mahmoud Ahmadinejad to North Korean leader Kim
        Jong-Il stressing the importance of cooperating on space
        technology.

SEC. 3. LISTING OF NORTH KOREA AS STATE SPONSOR OF TERRORISM.

    (a) In General.--Except as provided under subsection (b), the
Secretary of State shall designate the Democratic People's Republic of
North Korea as a country that has repeatedly provided support for acts
of international terrorism for purposes of section 6(j) of the Export
Administration Act of 1979 (50 U.S.C. App. 2405(j)); section 40 of the
Arms Export Control Act (22 U.S.C. 2780); and section 620A of the
Foreign Assistance Act of 1961 (22 U.S.C. 2371).
    (b) Waiver.--The President may waive the requirement to make the
designation under subsection (a) upon certifying to Congress that the
Government of North Korea--
            (1) has provided a full, complete, and accurate disclosure
        of all aspects of its nuclear program, including its uranium
        enrichment capabilities;
            (2)(A) has not, in the previous 5 years, engaged in the
        illegal transfer of missile or nuclear technology, particularly
        to the governments of Iran, Syria, or any other country, the
        government of which the Secretary of State has determined, for
        purposes of section 6(j) of the Export Administration Act of
        1979 (as continued in effect pursuant to the International
        Emergency Economic Powers Act), section 40 of the Arms Export
        Control Act, section 620A of the Foreign Assistance Act of
        1961, or other provision of law, is a government that has
        repeatedly provided support for international acts of
        terrorism; and
            (B) has fully disclosed all proliferation activities in the
        past 10 years, which if occurring today, would violate United
        Nations Security Council Resolution 1718 (2006);
            (3) has not, in the previous 5 years, engaged in training
        in combat operations or tunneling, or harboring, supplying,
        financing, or supporting in any way--
                    (A) Hamas, Hezbollah, the Japanese Red Army, or any
                member of such organizations;
                    (B) any organization designated by the Secretary of
                State as a foreign terrorist organization in accordance
                with section 219(a) of the Immigration and Nationality
                Act (8 U.S.C. 1189(a)); and
                    (C) any person included on the annex to Executive
                Order 13224 (September 21, 2001) and any other person
                identified under section 1 of that Executive Order
                whose property and interests are blocked by that
                section (commonly known as a ``specially designated
                global terrorist'');
            (4) has--
                    (A) released United States citizens Euna Lee and
                Laura Ling, who were working as journalists reporting
                on refugees on the North Korean border of China when
                they were detained by North Korean guards on March 17,
                2009; and
                    (B) returned the last remains of United States
                permanent resident, Reverend Kim Dong-shik, to his
                United States citizen widow, family, and church
                members, so that he may be provided with a proper
                Christian burial in Chicago;
            (5) has released the Japanese nationals recognized as
        abduction victims by the Government of Japan as well as
        abduction victims recognized by the Government of the Republic
        of Korea;
            (6) has released an estimated 600 surviving South Korean
        POWs, and any other surviving POWs from the Korean War, who
        have been held in North Korea against their will and in
        violation of the Armistice Agreement since hostilities ended in
        July 1953;
            (7) has opened the North Korean penal system, including the
        gulag of concentration camps holding an estimated 200,000
        political and religious prisoners, to unrestricted and regular
        visits by representatives of the International Committee of the
        Red Cross;
            (8) has made provision for unrestricted and regular access
        by representatives of the United National High Commissioner for
        Refugees to refugees forcibly repatriated to North Korea to
        determine their general health and welfare; and
            (9) has ceased threatening to commit terrorist acts in its
        public statements and state owned media and has issued public
        assurances that the Government will not sponsor or commit
        terrorism again.

SEC. 4. STATEMENT OF POLICY ON HUMAN RIGHTS IN NORTH KOREA.

    Section 101 of the North Korean Human Rights Act of 2004 (22 U.S.C.
7811) is amended--
            (1) in the section heading, by striking ``sense of
        congress'' and inserting ``statement of policy''; and
            (2) by striking ``It is the sense of Congress'' and
        inserting ``It is the policy of the United States''.

SEC. 5. ROLE OF SPECIAL ENVOY FOR NORTH KOREAN HUMAN RIGHTS IN
              NEGOTIATIONS WITH NORTH KOREA.

    It is the sense of Congress that the Special Envoy for Human Rights
in North Korea should be present at all negotiating sessions between
the United States Government and the Government of North Korea.

Output:
North Korea Sanctions Act of 2009 - Directs the Secretary of State to designate the Democratic People's Republic of North Korea as a country that has repeatedly provided support for acts of international terrorism for specified purposes under the Export Administration Act of 1979, the Arms Export Control Act, and the Foreign Assistance Act of 1961.

Authorizes the President to waive such requirement upon a certification to Congress that North Korea has taken certain actions regarding: (1) nuclear program and proliferation disclosures; (2) the illegal transfer of missile or nuclear technology; (3) support of international terrorist groups; and (4) prisoner release.

Expresses the sense of Congress that the Special Envoy for Human Rights in North Korea should be present at all negotiating sessions between the governments of the United States and North Korea.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Physicians Comparability
Allowance Amendments of 2000''.

SEC. 2. AUTHORITY MADE PERMANENT.

    (a) In General.--
        (1) Amendment to title 5, united states code.--The second
    sentence of section 5948(d) of title 5, United States Code, is
    repealed.
        (2) Amendment to the federal physicians comparability allowance
    act of 1978.--Section 3 of the Federal Physicians Comparability
    Allowance Act of 1978 (5 U.S.C. 5948 note) is repealed.
    (b) Technical and Conforming Amendments.--Section 5948 of title 5,
United States Code, is amended--
        (1) by repealing paragraph (2) of subsection (j); and
        (2) in subsection (j)(1)--
            (A) by striking ``(j)(1)'' and inserting ``(j)'';
            (B) by redesignating subparagraphs (A) through (E) as
        paragraphs (1) through (5), respectively; and
            (C) in paragraph (5) (as so redesignated by this paragraph)
        by striking ``subparagraph (B)'' and inserting ``paragraph
        (2)''.

SEC. 3. TREATMENT OF ALLOWANCES AS PART OF BASIC PAY FOR RETIREMENT
              PURPOSES.

    (a) Definition of Basic Pay.--Section 8331(3) of title 5, United
States Code, is amended--
        (1) in subparagraph (F) by striking ``and'' after the
    semicolon;
        (2) in subparagraph (G) by inserting ``and'' after the
    semicolon;
        (3) by inserting after subparagraph (G) the following:
            ``(H) any amount received under section 5948 (relating to
        physicians comparability allowances);''; and
        (4) in the matter following subparagraph (H) (as added by
    paragraph (3)) by striking ``through (G)'' and inserting ``through
    (H)''.
    (b) Civil Service Retirement System.--
        (1) Computation rules.--Section 8339 of title 5, United States
    Code, is amended by adding at the end the following:
    ``(s)(1) For purposes of this subsection, the term `physicians
comparability allowance' refers to an amount described in section
8331(3)(H).
    ``(2) Except as otherwise provided in this subsection, no part of a
physicians comparability allowance shall be treated as basic pay for
purposes of any computation under this section unless, before the date
of the separation on which entitlement to annuity is based, the
separating individual has completed at least 15 years of service as a
Government physician (whether performed before, on, or after the date
of the enactment of this subsection).
    ``(3) If the condition under paragraph (2) is met, then, any
amounts received by the individual in the form of a physicians
comparability allowance shall (for the purposes referred to in
paragraph (2)) be treated as basic pay, but only to the extent that
such amounts are attributable to service performed on or after the date
of the enactment of this subsection, and only to the extent of the
percentage allowable, which shall be determined as follows:

``If the total amount of service

  performed, on or after the date of
                                                    Then, the percentage
   the enactment of this subsection,
                                                       allowable is:
  as a Government physician is:

    Less than 2 years.........................................
                                                                  0
    At least 2 but less than 4 years..........................
                                                                 25
    At least 4 but less than 6 years..........................
                                                                 50
    At least 6 but less than 8 years..........................
                                                                 75
    At least 8 years..........................................
                                                                100.

    ``(4) Notwithstanding any other provision of this subsection, 100
percent of all amounts received as a physicians comparability allowance
shall, to the extent attributable to service performed on or after the
date of the enactment of this subsection, be treated as basic pay
(without regard to any of the preceding provisions of this subsection)
for purposes of computing--
        ``(A) an annuity under subsection (g); and
        ``(B) a survivor annuity under section 8341, if based on the
    service of an individual who dies before separating from
    service.''.
        (2) Government physician defined.--Section 8331 of title 5,
    United States Code, is amended by striking ``and'' at the end of
    paragraph (26), by striking the period at the end of paragraph (27)
    and inserting ``; and'', and by adding at the end the following:
        ``(28) `Government physician' has the meaning given that term
    under section 5948.''.
    (c) Federal Employees' Retirement System.--
        (1) Computation rules.--Section 8415 of title 5, United States
    Code, is amended by adding at the end the following:
    ``(i)(1) For purposes of this subsection, the term `physicians
comparability allowance' refers to an amount described in section
8331(3)(H).
    ``(2) Except as otherwise provided in this subsection, no part of a
physicians comparability allowance shall be treated as basic pay for
purposes of any computation under this section unless, before the date
of the separation on which entitlement to annuity is based, the
separating individual has completed at least 15 years of service as a
Government physician (whether performed before, on, or after the date
of the enactment of this subsection).
    ``(3) If the condition under paragraph (2) is met, then, any
amounts received by the individual in the form of a physicians
comparability allowance shall (for the purposes referred to in
paragraph (2)) be treated as basic pay, but only to the extent that
such amounts are attributable to service performed on or after the date
of the enactment of this subsection, and only to the extent of the
percentage allowable, which shall be determined as follows:

``If the total amount of service

  performed, on or after the date of
                                                    Then, the percentage
   the enactment of this subsection,
                                                       allowable is:
  as a Government physician is:

    Less than 2 years.........................................
                                                                  0
    At least 2 but less than 4 years..........................
                                                                 25
    At least 4 but less than 6 years..........................
                                                                 50
    At least 6 but less than 8 years..........................
                                                                 75
    At least 8 years..........................................
                                                                100.

    ``(4) Notwithstanding any other provision of this subsection, 100
percent of all amounts received as a physicians comparability allowance
shall, to the extent attributable to service performed on or after the
date of the enactment of this subsection, be treated as basic pay
(without regard to any of the preceding provisions of this subsection)
for purposes of computing--
        ``(A) an annuity under section 8452; and
        ``(B) a survivor annuity under subchapter IV, if based on the
    service of an individual who dies before separating from
    service.''.
        (2) Government physician defined.--Section 8401 of title 5,
    United States Code, is amended by striking ``and'' at the end of
    paragraph (32), by striking the period at the end of paragraph (33)
    and inserting ``; and'', and by adding at the end the following:
        ``(34) the term `Government physician' has the meaning given
    such term under section 5948.''.
    (d) Conforming Amendment.--Section 5948(h)(1) of title 5, United
States Code, is amended by striking ``chapter 81, 83, or 87'' and
inserting ``chapter 81 or 87''.

                               Speaker of the House of Representatives.

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

Output:
Redefines "basic pay" to include any amounts received as physicians comparability allowances as part of basic pay for Federal employee retirement purposes.
Amends provisions relating to the computation of an annuity under the Civil Service Retirement System (CSRS) and the Federal Employees Retirement System (FERS) to prohibit any part of such an allowance from being treated as basic pay unless, before the date of the separation on which entitlement to annuity is based, the separating individual has completed at least 15 years of service as a Government physician. Requires, if such condition is met, that any amounts received by the individual as such an allowance shall be treated as basic pay, but only to the extent that such amounts are attributable to service performed on or after the enactment of this Act, and only to the extent of the percentage allowable as specified by this Act. Requires that 100 percent of all amounts received as such an allowance, to the extent attributable to service performed on or after enactment, be treated as basic pay (without regard to any of the preceding provisions of this paragraph) for purposes of computing: (1) an annuity of a disabled employee or member; and (2) a survivor annuity if based on the service of an individual who dies before separating from service.