SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Preserving Crime Victims'
Restitution Act of 2006''.

SEC. 2. EFFECT OF DEATH OF A DEFENDANT IN FEDERAL CRIMINAL PROCEEDINGS.

    (a) In General.--Subchapter A of chapter 227 of title 18, United
States Code, is amended by adding at the end the following:
``Sec. 3560. Effect of death of a defendant in Federal criminal
              proceedings
    ``(a) General Rule.--Notwithstanding any other provision of law,
the death of a defendant who has been convicted of a Federal criminal
offense shall not be the basis for abating or otherwise invalidating a
plea of guilty or nolo contendere accepted, a verdict returned, a
sentence announced, or a judgment entered prior to the death of that
defendant, or for dismissing or otherwise invalidating the indictment,
information, or complaint on which such a plea, verdict, sentence, or
judgment is based, except as provided in this section.
    ``(b) Death After Plea or Verdict.--
            ``(1) Entry of judgment.--If a defendant dies after a plea
        of guilty or nolo contendere has been accepted or a verdict has
        been returned, but before judgment is entered, the court shall
        enter a judgment incorporating the plea of guilty or nolo
        contendere or the verdict, with the notation that the defendant
        died before the judgment was entered.
            ``(2) Punitive sanctions.--
                    ``(A) Death before sentence announced.--If a
                defendant dies after a plea of guilty or nolo
                contendere has been accepted or a verdict has been
                returned and before a sentence has been announced, no
                sentence of probation, supervision, or imprisonment may
                be imposed, no criminal forfeiture may be ordered, and
                no liability for a fine or special assessment may be
                imposed on the defendant or the defendant's estate.
                    ``(B) Death after sentencing or judgment.--The
                death of a defendant after a sentence has been
                announced or a judgment has been entered, and before
                that defendant has exhausted or waived the right to a
                direct appeal--
                            ``(i) shall terminate any term of
                        probation, supervision, or imprisonment, and
                        shall terminate the liability of that defendant
                        to pay any amount remaining due of a criminal
                        forfeiture, of a fine under section 3613(b), or
                        of a special assessment under section 3013; and
                            ``(ii) shall not require return of any
                        portion of any criminal forfeiture, fine, or
                        special assessment already paid.
            ``(3) Restitution.--
                    ``(A) Death before sentence announced.--If a
                defendant dies after a plea of guilty or nolo
                contendere has been accepted or a verdict has been
                returned and before a sentence has been announced, the
                court shall, upon a motion under subsection (c)(2) by
                the Government or any victim of that defendant's crime,
                commence a special restitution proceeding at which the
                court shall adjudicate and enter a final order of
                restitution against the estate of that defendant in an
                amount equal to the amount that would have been imposed
                if that defendant were alive.
                    ``(B) Death after sentencing or judgment.--The
                death of a defendant after a sentence has been
                announced shall not be a basis for abating or otherwise
                invalidating restitution announced at sentencing or
                ordered after sentencing under section 3664(d)(5) of
                this title or any other provision of law.
            ``(4) Civil proceedings.--The death of a defendant after a
        plea of guilty or nolo contendere has been accepted, a verdict
        returned, a sentence announced, or a judgment entered, shall
        not prevent the use of that plea, verdict, sentence, or
        judgment in civil proceedings, to the extent otherwise
        permitted by law.
    ``(c) Appeals, Motions, and Petitions.--
            ``(1) In general.--Except as provided in paragraph (2),
        after the death of a defendant convicted in a criminal case--
                    ``(A) no appeal, motion, or petition by or on
                behalf of that defendant or the personal representative
                or estate of that defendant, the Government, or a
                victim of that defendant's crime seeking to challenge
                or reinstate a plea of guilty or nolo contendere
                accepted, a verdict returned, a sentence announced, or
                a judgment entered prior to the death of that defendant
                shall be filed in that case after the death of that
                defendant; and
                    ``(B) any pending motion, petition, or appeal in
                that case shall be dismissed with the notation that the
                dismissal is due to the death of the defendant.
            ``(2) Exceptions.--
                    ``(A) Restitution.--After the death of a defendant
                convicted in a criminal case, the personal
                representative of that defendant, the Government, or
                any victim of that defendant's crime may file or pursue
                an otherwise permissible direct appeal, petition for
                mandamus or a writ of certiorari, or an otherwise
                permissible motion described in section 3663, 3663A,
                3664, or 3771, to the extent that the appeal, petition,
                or motion raises an otherwise permissible claim to--
                            ``(i) obtain, in a special restitution
                        proceeding, a final order of restitution under
                        subsection (b)(3);
                            ``(ii) enforce, correct, amend, adjust,
                        reinstate, or challenge any order of
                        restitution; or
                            ``(iii) challenge or reinstate a verdict,
                        plea of guilty or nolo contendere, sentence, or
                        judgment on which--
                                    ``(I) a restitution order is based;
                                or
                                    ``(II) restitution is being or will
                                be sought by an appeal, petition, or
                                motion under this paragraph.
                    ``(B) Other civil actions affected.--After the
                death of a defendant convicted in a criminal case, the
                personal representative of that defendant, the
                Government, or any victim of that defendant's crime may
                file or pursue an otherwise permissible direct appeal,
                petition for mandamus or a writ of certiorari, or an
                otherwise permissible motion under the Federal Rules of
                Criminal Procedure, to the extent that the appeal,
                petition, or motion raises an otherwise permissible
                claim to challenge or reinstate a verdict, plea of
                guilty or nolo contendere, sentence, or judgment that
                the appellant, petitioner, or movant shows by a
                preponderance of the evidence is, or will be, material
                in a pending or reasonably anticipated civil
                proceeding, including civil forfeiture proceedings.
                    ``(C) Collateral consequences.--
                            ``(i) In general.--Except as provided in
                        subparagraphs (A) and (B), the Government may
                        not restrict any Federal benefits or impose
                        collateral consequences on the estate or a
                        family member of a deceased defendant based
                        solely on the conviction of a defendant who
                        died before that defendant exhausted or waived
                        the right to direct appeal unless, not later
                        than 90 days after the death of that defendant,
                        the Government gives notice to that estate or
                        family member of the intent of the Government
                        to take such action.
                            ``(ii) Personal representative.--If the
                        Government gives notice under clause (i), the
                        court shall appoint a personal representative
                        for the deceased defendant that is the subject
                        of that notice, if not otherwise appointed,
                        under section (d)(2)(A).
                            ``(iii) Tolling.--If the Government gives
                        notice under clause (i), any filing deadline
                        that might otherwise apply against the
                        defendant, the estate of the defendant, or a
                        family member of the defendant shall be tolled
                        until the date of the appointment of that
                        defendant's personal representative under
                        clause (ii).
            ``(3) Basis.--In any appeal, petition, or motion under
        paragraph (2), the death of the defendant shall not be a basis
        for relief.
    ``(d) Procedures Regarding Continuing Litigation.--
            ``(1) In general.--The standards and procedures for a
        permitted appeal, petition, motion, or other proceeding under
        subsection (c)(2) shall be the standards and procedures
        otherwise provided by law, except that the personal
        representative of the defendant shall be substituted for the
        defendant.
            ``(2) Special procedures.--If continuing litigation is
        initiated or could be initiated under subsection (c)(2), the
        following procedures shall apply:
                    ``(A) Notice and appointment of personal
                representative.--The district court before which the
                criminal case was filed (or the appellate court if the
                matter is pending on direct appeal) shall--
                            ``(i) give notice to any victim of the
                        convicted defendant under section 3771(a)(2),
                        and to the personal representative of that
                        defendant or, if there is none, the next of kin
                        of that defendant; and
                            ``(ii) appoint a personal representative
                        for that defendant, if not otherwise appointed.
                    ``(B) Counsel.--Counsel shall be appointed for the
                personal representative of a defendant convicted in a
                criminal case who dies if counsel would have been
                available to that defendant, or if the personal
                representative of that defendant requests counsel and
                otherwise qualifies for the appointment of counsel,
                under section 3006A.
                    ``(C) Tolling.--The court shall toll any applicable
                deadline for the filing of any motion, petition, or
                appeal during the period beginning on the date of the
                death of a defendant convicted in a criminal case and
                ending on the later of--
                            ``(i) the date of the appointment of that
                        defendant's personal representative; or
                            ``(ii) where applicable, the date of the
                        appointment of counsel for that personal
                        representative.
                    ``(D) Restitution.--If restitution has not been
                fully collected on the date on which a defendant
                convicted in a criminal case dies--
                            ``(i) any amount owed under a restitution
                        order (whether issued before or after the death
                        of that defendant) shall be collectible from
                        any property from which the restitution could
                        have been collected if that defendant had
                        survived, regardless of whether that property
                        is included in the estate of that defendant;
                            ``(ii) any restitution protective order in
                        effect on the date of the death of that
                        defendant shall continue in effect unless
                        modified by the court after hearing or pursuant
                        to a motion by the personal representative of
                        that defendant, the Government, or any victim
                        of that defendant's crime; and
                            ``(iii) upon motion by the Government or
                        any victim of that defendant's crime, the court
                        shall take any action necessary to preserve the
                        availability of property for restitution under
                        this section.
    ``(e) Forfeiture.--
            ``(1) In general.--Except as provided in paragraph (2), the
        death of an individual does not affect the Government's ability
        to seek, or to continue to pursue, civil forfeiture of property
        as authorized by law.
            ``(2) Tolling of limitations for civil forfeiture.--
        Notwithstanding the expiration of any civil forfeiture statute
        of limitations or any time limitation set forth in section
        983(a) of this title, not later than the later of the time
        period otherwise authorized by law and 2 years after the date
        of the death of an individual against whom a criminal
        indictment alleging forfeiture is pending, the Government may
        commence civil forfeiture proceedings against any interest in
        any property alleged to be forfeitable in the indictment of
        that individual.
    ``(f) Definitions.--In this section--
            ``(1) the term `accepted', relating to a plea of guilty or
        nolo contendere, means that a court has determined, under rule
        11(b) of the Federal Rules of Criminal Procedure, that the plea
        is voluntary and supported by a factual basis, regardless of
        whether final acceptance of that plea may have been deferred
        pending review of a presentence report or otherwise;
            ``(2) the term `announced', relating to a sentence, means
        that the sentence has been orally stated in open court;
            ``(3) the term `convicted' refers to a defendant--
                    ``(A) whose plea of guilty or nolo contendere has
                been accepted; or
                    ``(B) against whom a verdict of guilty has been
                returned;
            ``(4) the term `direct appeal' means an appeal filed,
        within the period provided by rule 4(b) of the Federal Rules of
        Appellate Procedure, from the entry of the judgment or order of
        restitution, including review by the Supreme Court of the
        United States; and
            ``(5) the term `returned', relating to a verdict, means
        that the verdict has been orally stated in open court.''.
    (b) Conforming Amendment.--The table of sections for chapter 227 of
title 18, United States Code, is amended by adding at the end the
following:

``3560. Effect of death of a defendant in Federal criminal
                            proceedings.''.

SEC. 3. EFFECTIVE DATE.

    The amendments made by this Act shall apply to any criminal case or
appeal pending on or after July 1, 2006.

SEC. 4. SEVERABILITY.

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


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Preventing Iran's Access to United
States Dollars Act of 2016''.

SEC. 2. PROHIBITION ON FACILITATION OF CERTAIN TRANSACTIONS INVOLVING
              THE GOVERNMENT OF IRAN OR IRANIAN PERSONS.

    (a) In General.--The President shall not issue any license under
the International Emergency Economic Powers Act (50 U.S.C. 1701 et
seq.) that permits a person--
            (1) to conduct an offshore United States dollar clearing
        system for transactions involving the Government of Iran or an
        Iranian person; or
            (2) to provide United States dollars for any offshore
        United States dollar clearing system conducted or overseen by a
        foreign government or a foreign financial institution for
        transactions involving the Government of Iran or an Iranian
        person.
    (b) Definitions.--In this section:
            (1) Entity.--The term ``entity'' means a corporation,
        business association, partnership, trust, society, or any other
        entity.
            (2) Foreign financial institution.--The term ``foreign
        financial institution'' has the meaning of that term as
        determined by the Secretary of the Treasury pursuant to section
        104(i) of the Comprehensive Iran Sanctions, Accountability, and
        Divestment Act of 2010 (22 U.S.C. 8513(i)).
            (3) Person.--The term ``person'' means an individual or
        entity.

SEC. 3. REPORTS ON, AND AUTHORIZATION OF IMPOSITION OF SANCTIONS WITH
              RESPECT TO, OFFSHORE UNITED STATES DOLLAR CLEARING FOR
              TRANSACTIONS INVOLVING THE GOVERNMENT OF IRAN OR IRANIAN
              PERSONS.

    (a) Reports Required.--
            (1) In general.--Not later than 60 days after the date of
        the enactment of this Act, and not less frequently than once
        every 90 days thereafter, the Secretary of the Treasury shall
        submit to the appropriate congressional committees and publish
        in the Federal Register a report that contains--
                    (A) a list of any financial institutions that the
                Secretary has identified as--
                            (i) operating an offshore United States
                        dollar clearing system that conducts
                        transactions involving the Government of Iran
                        or an Iranian person; or
                            (ii) participating in a transaction
                        described in clause (i) through a system
                        described in that clause; and
                    (B) a detailed assessment of the status of efforts
                by the Secretary to prevent the conduct of transactions
                described in subparagraph (A)(i) through systems
                described in that subparagraph.
            (2) Form of report.--Each report submitted under paragraph
        (1) shall be submitted in unclassified form but may contain a
        classified annex.
    (b) Imposition of Sanctions.--
            (1) In general.--The President shall, in accordance with
        the International Emergency Economic Powers Act (50 U.S.C. 1701
        et seq.), block and prohibit all transactions in all property
        and interests in property of any financial institution
        specified in the most recent list submitted under subsection
        (a)(1)(A) if such property and interests in property are in the
        United States, come within the United States, or are or come
        within the possession or control of a United States person.
            (2) Additional sanctions.--The President may impose
        additional sanctions under the International Emergency Economic
        Powers Act (50 U.S.C. 1701 et seq.) with respect to a financial
        institution that is subject to sanctions under paragraph (1).
    (c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' has the meaning given
that term in section 14 of the Iran Sanctions Act of 1996 (Public Law
104-172; 50 U.S.C. 1701 note).

SEC. 4. CLARIFICATION THAT FREEZING OF ASSETS OF IRANIAN FINANCIAL
              INSTITUTIONS INCLUDES ASSETS IN POSSESSION OR CONTROL OF
              A UNITED STATES PERSON PURSUANT TO A U-TURN TRANSACTION.

    Section 1245(c) of the National Defense Authorization Act for
Fiscal Year 2012 (22 U.S.C. 8513a) is amended--
            (1) by striking ``The President'' and inserting ``(1) In
        general.--The President''; and
            (2) by adding at the end the following:
            ``(2) Treatment of certain transactions.--
                    ``(A) U-turn transactions.--Property that comes
                within the possession or control of a United States
                person pursuant to a transfer of funds that arises
                from, and is ordinarily incident and necessary to give
                effect to, an underlying transaction shall be
                considered to come within the possession or control of
                that person for purposes of paragraph (1).
                    ``(B) Book transfers.--A transfer of funds or other
                property for the benefit of an Iranian financial
                institution that is made between accounts of the same
                financial institution shall be considered property or
                interests in property of that Iranian financial
                institution for purposes of paragraph (1) even if that
                Iranian financial institution is not the direct
                recipient of the transfer.''.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Preventing Tragedies Between Police
and Communities Act of 2016''.

SEC. 2. TRAINING ON DE-ESCALATION FOR LAW ENFORCEMENT.

    (a) Training Requirement.--For each fiscal year after the
expiration of the period specified in subsection (d) in which a State
or unit of local government receives a grant under part E of title I of
the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750
et seq.), the State or unit of local government shall require that all
individuals enrolled in an academy of a law enforcement agency of the
State or unit of local government and all law enforcement officers of
the State or unit of local government fulfill a training session on de-
escalation techniques each fiscal year, including--
            (1) the use of alternative non-lethal methods of applying
        force and techniques that prevent the officer from escalating
        any situation where force is likely to be used;
            (2) verbal and physical tactics to minimize the need for
        the use of force, with an emphasis on communication,
        negotiation, de-escalation techniques, providing the time
        needed to resolve the incident safely for everyone;
            (3) the use of the lowest level of force that is a possible
        and safe response to an identified threat, then re-evaluating
        the threat as it progresses;
            (4) techniques that provide all officers with awareness and
        recognition of mental health and substance abuse issues with an
        emphasis on communication strategies, training officers
        simultaneously in teams on de-escalation and use of force to
        improve group dynamics and diminish excessive use of force
        during critical incidents;
            (5) principles of using distance, cover, and time when
        approaching and managing critical incidents, and elimination of
        the use of concepts like the ``21-foot rule'' and ``drawing a
        line in the sand'' in favor of using distance and cover to
        create a ``reaction gap'';
            (6) crisis intervention strategies to appropriately
        identify and respond to individuals suffering from mental
        health or substance abuse issues, with an emphasis on de-
        escalation tactics and promoting effective communication; and
            (7) other evidence-based approaches, found to be
        appropriate by the Attorney General, that enhance de-escalation
        skills and tactics, such as the Critical Decision-Making Model
        and scenario based trainings.
In the case of individuals attending an academy, such training session
shall be for such an appropriate amount of time as to ensure academy
participants receive effective training under this subsection and in
the case of all other law enforcement officers, the training session
shall be for an appropriate amount of time as to ensure officers
receive effective training under this subsection. The State or unit of
local government shall certify to the Attorney General of the United
States that such training sessions have been completed.
    (b) Scenario-Based Training.--Training described in subsection (a)
shall be conducted with an emphasis on training that employs theories
of de-escalation techniques and applies them to practical on-the-job
scenarios that regularly face law enforcement officers.
    (c) Cross-Training.--To the extent practicable, principles of
training as described in subsection (a) shall be applied to other
training conducted at the academy.
    (d) Compliance and Ineligibility.--
            (1) Compliance date.--Beginning not later than 1 year after
        the date of this Act, each State or unit of local government
        receiving a grant shall comply with subsection (a), except that
        the Attorney General may grant an additional 6 months to a
        State or unit of local government that is making good faith
        efforts to comply with such subsection.
            (2) Ineligibility for funds.--For any fiscal year after the
        expiration of the period specified in paragraph (1), a State or
        unit of local government that fails to comply with subsection
        (a), shall, at the discretion of the Attorney General, be
        subject to not more than a 20-percent reduction of the funds
        that would otherwise be allocated for that fiscal year to the
        State or unit of local government under subpart 1 of part E of
        title I of the Omnibus Crime Control and Safe Streets Act of
        1968 (42 U.S.C. 3750 et seq.), whether characterized as the
        Edward Byrne Memorial State and Local Law Enforcement
        Assistance Programs, the Local Government Law Enforcement Block
        Grants Program, the Edward Byrne Memorial Justice Assistance
        Grant Program, or otherwise.
    (e) Reallocation.--Amounts not allocated under a program referred
to in subsection (b)(2) to a State or unit of local government for
failure to fully comply with subsection (a) shall be reallocated under
that program to States and units of local government that have not
failed to comply with such subsection.
    (f) Evidence-Based Practices.--For purposes of subsection (a)(4),
the Attorney General shall maintain a list of evidence-based practices
it determines is successful in enhancing de-escalation skills of law
enforcement officers. The Attorney General shall regularly update this
list as needed and shall publish the list to the public on a yearly
basis.

SEC. 3. DATA COLLECTION.

    The Attorney General shall collect data on efforts undertaken by
Federal fund recipients to enhance de-escalation training for law
enforcement officers.

SEC. 4. AFFIRMATIVE DUTY TO USE DE-ESCALATION TACTICS WHEN AVAILABLE.

    (a) In General.--In the case of a State or unit of local government
that received a grant award under subpart 1 of part E of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et
seq.), if that State or unit of local government fails by the end of a
fiscal year to enact or have in effect laws, policies, or procedures
that sets forth an affirmative duty on a law enforcement officer of
that State or unit of local government, whenever possible, to employ
de-escalation techniques in which the officer has received training
required under section 2(a), the Attorney General shall reduce the
amount that would otherwise be awarded to that State or unit of local
government under such grant program in the following fiscal year by 15
percent.
    (b) Reallocation.--Amounts not allocated under a program referred
to in subsection (a) to a State or unit of local government for failure
to be in compliance with this section shall be reallocated under that
program to States and units of local government that are in compliance
with this section.

SEC. 5. ATTORNEY GENERAL GUIDANCE.

    Not later than 180 days after the date of enactment of this Act,
the Attorney General shall issue guidance, for the benefit of States
and units of local government, on compliance with the requirements of
this Act.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Price Stability Act of 2008''.

SEC. 2. FINDINGS; STATEMENT OF POLICY.

    (a) Findings.--The Congress finds the following:
            (1) Price stability is a prerequisite for sustainable long-
        term economic growth, job creation, and moderate interest
        rates.
            (2) Inflation erodes the value of Americans' income and
        savings.
            (3) Inflation distorts the pricing system and the efficient
        allocation of resources in the economy.
            (4) Inflation makes long-term planning difficult and raises
        the effective tax rate on capital, thereby impeding investment.
            (5) Through its determination of monetary policy, the Board
        of Governors of the Federal Reserve System is ultimately
        responsible for controlling the long-run rate of inflation in
        the economy.
            (6) The multiple policy goals of the Full Employment and
        Balanced Growth Act of 1978 cause confusion and ambiguity about
        the appropriate role and aims of monetary policy, which can add
        to volatility in economic activity and financial markets.
            (7) There is a need for the Congress to clarify the proper
        role of the Board of Governors of the Federal Reserve System in
        economic policymaking, in order to achieve the best environment
        for long-term economic growth and job creation.
            (8) An explicit price stability goal would promote
        transparency, accountability and credibility in monetary
        policy.
            (9) Price stability should be the primary long-term goal of
        the Board of Governors of the Federal Reserve.
    (b) Statement of Policy.--It is the policy of the United States
that--
            (1) the principal economic responsibilities of the
        Government are to establish and ensure an environment that is
        conducive to both long-term economic growth and increases in
        living standards, by establishing and maintaining free markets,
        low taxes, respect for private property, and the stable, long-
        term purchasing power of the United States currency; and
            (2) the primary long-term goal of the Board of Governors of
        the Federal Reserve System should be to promote price
        stability.

SEC. 3. MONETARY POLICY.

    (a) Amendment to the Federal Reserve Act.--Section 2A of the
Federal Reserve Act (12 U.S.C. 225a) is amended to read as follows:

``SEC. 2A. MONETARY POLICY.

    ``(a) Price Stability.--The Board and the Federal Open Market
Committee (hereafter in this section referred to as the `Committee')
shall--
            ``(1) establish an explicit numerical definition of the
        term `price stability'; and
            ``(2) maintain a monetary policy that effectively promotes
        long-term price stability.
    ``(b) Market Stability and Liquidity.--Subsection (a) shall not be
construed as a limitation on the authority or responsibility of the
Board--
            ``(1) to provide liquidity to markets in the event of a
        disruption that threatens the smooth functioning and stability
        of the financial sector; or
            ``(2) to serve as a lender of last resort under this Act
        when the Board determines such action is necessary.
    ``(c) Congressional Consultation.--Not later than February 20 and
July 20 of each year, the Board shall consult with the Congress at
semiannual hearings before the Committee on Banking, Housing, and Urban
Affairs of the Senate and the Committee on Financial Services of the
House of Representatives, about the objectives and plans of the Board
and the Committee with respect to achieving and maintaining price
stability.
    ``(d) Congressional Oversight.--The Board shall, concurrent with
each semiannual hearing required by subsection (c), submit a written
report to the Congress containing--
            ``(1) numerical measures to help assess the extent to which
        the Board and the Committee are achieving and maintaining price
        stability in accordance with subsection (a);
            ``(2) a description of the intermediate variables used by
        the Board to gauge the prospects for achieving the objective of
        price stability; and
            ``(3) the definition, or any modifications thereto, of the
        term `price stability' established in accordance with
        subsection (a)(1).''.
    (b) Compliance Estimate.--Concurrent with the first semiannual
hearing required by section 2A(b) of the Federal Reserve Act (as
amended by subsection (a) of this section) following the date of
enactment of this Act, the Board of Governors of the Federal Reserve
System shall submit to the Congress a written estimate of the length of
time it will take for the Board and the Federal Open Market Committee
to fully achieve price stability. The Board and the Committee shall
take into account any potential short-term effects on employment and
output in complying with the goal of price stability.

SEC. 4. REPEAL OF OBSOLETE PROVISIONS.

    (a) Full Employment and Balanced Growth Act of 1978.--The Full
Employment and Balanced Growth Act of 1978 (15 U.S.C. 3101 et seq.) is
hereby repealed.
    (b) Employment Act of 1946.--The Employment Act of 1946 (15 U.S.C.
1021 et seq.) is amended--
            (1) in section 3 (15 U.S.C. 1022)--
                    (A) in the section heading, by striking ``and
                short-term economic goals and policies'';
                    (B) by striking ``(a)''; and
                    (C) by striking ``in accord with section 11(c) of
                this Act'' and all that follows through the end of the
                section and inserting ``in accordance with section
                5(c).'';
            (2) in section 9(b) (15 U.S.C. 1022f(b)), by striking ``,
        the Full Employment and Balanced Growth Act of 1978,'';
            (3) in section 10 (15 U.S.C. 1023)--
                    (A) in subsection (a), by striking ``in the light
                of the policy declared in section 2'';
                    (B) in subsection (e)(1), by striking ``section 9''
                and inserting ``section 3''; and
                    (C) in the matter immediately following paragraph
                (2) of subsection (e), by striking ``and the Full
                Employment and Balanced Growth Act of 1978'';
            (4) by striking section 2;
            (5) by striking sections 4, 5, 6, 7, and 8; and
            (6) by redesignating sections 3, 9, 10, and 11 as sections
        2, 3, 4, and 5, respectively.
    (c) Congressional Budget Act of 1974.--Title III of the
Congressional Budget Act of 1974 (2 U.S.C. 631 et seq.) is amended--
            (1) in section 301--
                    (A) in subsection (b), by striking paragraph (1)
                and redesignating paragraphs (2) through (9) as
                paragraphs (1) through (8), respectively;
                    (B) in subsection (d), in the second sentence, by
                striking ``the fiscal policy'' and all that follows
                through the end of the sentence and inserting ``fiscal
                policy.'';
                    (C) in subsection (e)(1), in the second sentence,
                by striking ``as to short-term and medium-term goals'';
                and
                    (D) by striking subsection (f) and inserting the
                following:
    ``(f) Repealed''; and
            (2) in section 305--
                    (A) in subsection (a)(3), by inserting before the
                period at the end ``, as described in section 2 of the
                Price Stability Act of 2008'';
                    (B) in subsection (a)(4)--
                            (i) by striking ``House sets forth the
                        economic goals'' and all that follows through
                        ``designed to achieve,'' and inserting ``House
                        of Representatives sets forth the economic
                        goals and policies, as described in section 2
                        of the Price Stability Act of 2008,''; and
                            (ii) by striking ``such goals,'' and all
                        that follows through the end of the paragraph
                        and inserting ``such goals and policies.'';
                    (C) in subsection (b)(3), by inserting before the
                period at the end ``, as described in section 2 of the
                Price Stability Act of 2008''; and
                    (D) in subsection (b)(4)--
                            (i) by striking ``goals (as'' and all that
                        follows through ``designed to achieve,'' and
                        inserting ``goals and policies, as described in
                        section 2 of the Price Stability Act of
                        2008,''; and
                            (ii) by striking ``such goals,'' and all
                        that follows through the end of the paragraph
                        and inserting ``such goals and policies.''.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Private Mortgage Insurance Technical
Corrections and Clarification Act''.

SEC. 2. CHANGES IN AMORTIZATION SCHEDULE.

    (a) Treatment of Adjustable Rate Mortgages.--The Homeowners
Protection Act of 1998 (12 U.S.C. 4901 et seq.) is amended--
            (1) in section 2--
                    (A) in paragraph (2)(B)(i), by striking
                ``amortization schedules'' and inserting ``the
                amortization schedule then in effect'';
                    (B) in paragraph (16)(B), by striking
                ``amortization schedules'' and inserting ``the
                amortization schedule then in effect'';
                    (C) by redesignating paragraphs (6) through (16)
                (as amended by the preceding provisions of this
                paragraph) as paragraphs (8) through (18),
                respectively; and
                    (D) by inserting after paragraph (5) the following
                new paragraph:
            ``(6) Amortization schedule then in effect.--The term
        `amortization schedule then in effect' means, with respect to
        an adjustable rate mortgage, a schedule established at the time
        at which the residential mortgage transaction is consummated
        or, if such schedule has been changed or recalculated, is the
        most recent schedule under the terms of the note or mortgage,
        which shows--
                    ``(A) the amount of principal and interest that is
                due at regular intervals to retire the principal
                balance and accrued interest over the remaining
                amortization period of the loan; and
                    ``(B) the unpaid balance of the loan after each
                such scheduled payment is made.''; and
            (2) in section 3(f)(1)(B)(ii), by striking ``amortization
        schedules'' and inserting ``the amortization schedule then in
        effect''.
    (b) Treatment of Balloon Mortgages.--Paragraph (1) of section 2 of
the Homeowners Protection Act of 1998 (12 U.S.C. 4901(1)) is amended by
adding at the end the following new sentence: ``A residential mortgage
that (A) does not fully amortize over the term of the obligation, and
(B) contains a conditional right to refinance or modify the unamortized
principal at the maturity date of the term, shall be considered to be
an adjustable rate mortgage for purposes of this Act.''.
    (c) Treatment of Loan Modifications.--
            (1) In general.--Section 3 of the Homeowners Protection Act
        of 1998 (12 U.S.C. 4902) is amended--
                    (A) by redesignating subsections (d) through (f) as
                subsections (e) through (g), respectively; and
                    (B) by inserting after subsection (c) the following
                new subsection:
    ``(d) Treatment of Loan Modifications.--If a mortgagor and
mortgagee (or holder of the mortgage) agree to a modification of the
terms or conditions of a loan pursuant to a residential mortgage
transaction, the cancellation date, termination date, or final
termination shall be recalculated to reflect the modified terms and
conditions of such loan.''.
            (2) Conforming amendments.--Section 4(a) of the Homeowners
        Protection Act of 1998 (12 U.S.C. 4903(a)) is amended--
                    (A) in paragraph (1)--
                            (i) in the matter preceding subparagraph
                        (A), by striking ``section 3(f)(1)'' and
                        inserting ``section 3(g)(1)'';
                            (ii) in subparagraph (A)(ii)(IV), by
                        striking ``section 3(f)'' and inserting
                        ``section 3(g)''; and
                            (iii) in subparagraph (B)(iii), by striking
                        ``section 3(f)'' and inserting ``section
                        3(g)''; and
                    (B) in paragraph (2), by striking ``section
                3(f)(1)'' and inserting ``section 3(g)(1)''.

SEC. 3. DELETION OF AMBIGUOUS REFERENCES TO RESIDENTIAL MORTGAGES.

    (a) Termination of Private Mortgage Insurance.--Section 3 of the
Homeowners Protection Act of 1998 (12 U.S.C. 4902) is amended--
            (1) in subsection (c), by inserting ``on residential
        mortgage transactions'' after ``imposed''; and
            (2) in subsection (g) (as so redesignated by section
        2(c)(1)(A) of this Act)--
                    (A) in paragraph (1), in the matter preceding
                subparagraph (A), by striking ``mortgage or'';
                    (B) in paragraph (2), by striking ``mortgage or'';
                and
                    (C) in paragraph (3), by striking ``mortgage or''
                and inserting ``residential mortgage or residential''.
    (b) Disclosure Requirements.--Section 4 of the Homeowners
Protection Act of 1998 (12 U.S.C. 4903(a)) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)--
                            (i) by striking ``mortgage or'' the first
                        place it appears; and
                            (ii) by striking ``mortgage or'' the second
                        place it appears and inserting ``residential'';
                        and
                    (B) in paragraph (2), by striking ``mortgage or''
                and inserting ``residential'';
            (2) in subsection (c), by striking ``paragraphs (1)(B) and
        (3) of subsection (a)'' and inserting ``subsection (a)(3)'';
        and
            (3) in subsection (d), by inserting before the period at
        the end the following: ``, which disclosures shall relate to
        the mortgagor's rights under this Act''.
    (c) Disclosure Requirements for Lender-Paid Mortgage Insurance.--
Section 6 of the Homeowners Protection Act of 1998 (12 U.S.C. 4905) is
amended--
            (1) in subsection (c)--
                    (A) in the matter preceding paragraph (1), by
                striking ``a residential mortgage or''; and
                    (B) in paragraph (2), by inserting ``transaction''
                after ``residential mortgage''; and
            (2) in subsection (d), by inserting ``transaction'' after
        ``residential mortgage''.

SEC. 4. CANCELLATION RIGHTS AFTER CANCELLATION DATE.

    Section 3 of the Homeowners Protection Act of 1998 (12 U.S.C. 4902)
is amended--
            (1) in subsection (a)--
                    (A) in the matter preceding paragraph (1), by
                inserting after ``cancellation date'' the following:
                ``or any later date that the mortgagor fulfills all of
                the requirements under paragraphs (1) through (4)'';
                    (B) in paragraph (2), by striking ``and'' at the
                end;
                    (C) by redesignating paragraph (3) as paragraph
                (4); and
                    (D) by inserting after paragraph (2) the following
                new paragraph:
            ``(3) is current on the payments required by the terms of
        the residential mortgage transaction; and''; and
            (2) in subsection (e)(1)(B) (as so redesignated by section
        2(c)(1)(A) of this Act), by striking ``subsection ``(a)(3)''
        and inserting ``subsection (a)(4)''.

SEC. 5. CLARIFICATION OF CANCELLATION AND TERMINATION ISSUES AND LENDER
              PAID MORTGAGE INSURANCE DISCLOSURE REQUIREMENTS.

    (a) Good Payment History.--Section 2(4) of the Homeowners
Protection Act of 1998 (12 U.S.C. 4901(4)) is amended--
            (1) in subparagraph (A)--
                    (A) by inserting ``the later of (i)'' before ``the
                date''; and
                    (B) by inserting ``, or (ii) the date that the
                mortgagor submits a request for cancellation under
                section 3(a)(1)'' before the semicolon; and
            (2) in subparagraph (B)--
                    (A) by inserting ``the later of (i)'' before ``the
                date''; and
                    (B) by inserting ``, or (ii) the date that the
                mortgagor submits a request for cancellation under
                section 3(a)(1)'' before the period at the end.
    (b) Automatic Termination.--Paragraph (2) of section 3(b) of the
Homeowners Protection Act of 1998 (12 U.S.C. 4902(b)(2)) is amended to
read as follows:
            ``(2) if the mortgagor is not current on the termination
        date, on the first day of the first month beginning after the
        date that the mortgagor becomes current on the payments
        required by the terms of the residential mortgage
        transaction.''.
    (c) Premium Payments.--Section 3 of the Homeowners Protection Act
of 1998 (12 U.S.C. 4902) is amended by adding at the end the following
new subsection:
    ``(h) Accrued Obligation for Premium Payments.--The cancellation or
termination under this section of the private mortgage insurance of a
mortgagor shall not affect the rights of any mortgagee, servicer, or
mortgage insurer to enforce any obligation of such mortgagor for
premium payments accrued prior to the date on which such cancellation
or termination occurred.''.

SEC. 6. DEFINITIONS.

    (a) Refinanced.--Section 6(c)(1)(B)(ii) of the Homeowners
Protection Act of 1998 (12 U.S.C. 4905(c)(1)(B)(ii)) is amended by
inserting after ``refinanced'' the following: ``(under the meaning
given such term in the regulations issued by the Board of Governors of
the Federal Reserve System to carry out the Truth in Lending Act (15
U.S.C. 1601 et seq.))''.
    (b) Midpoint of the Amortization Period.--Section 2 of the
Homeowners Protection Act of 1998 (12 U.S.C. 4901) is amended by
inserting after paragraph (6) (as added by section 2(a)(1)(D) of this
Act) the following new paragraph:
            ``(7) Midpoint of the amortization period.--The term
        ``midpoint of the amortization period'' means, with respect to
        a residential mortgage transaction, the point in time that is
        halfway through the period that begins upon the first day of
        the amortization period established at the time a residential
        mortgage transaction is consummated and ends upon the
        completion of the entire period over which the mortgage is
        scheduled to be amortized.''.
    (c) Original Value.--Section 2(12) of the Homeowners Protection Act
of 1998 (12 U.S.C. 4901(10)) (as so redesignated by section 2(a)(1)(C)
of this Act) is amended--
            (1) by inserting ``transaction'' after ``a residential
        mortgage''; and
            (2) by adding at the end the following new sentence: ``In
        the case of a residential mortgage transaction for refinancing
        the principal residence of the mortgagor, such term means only
        the appraised value relied upon by the mortgagee to approve the
        refinance transaction.''.
    (d) Principal Residence.--Section 2 of the Homeowners Protection
Act of 1998 (12 U.S.C. 4901) is amended--
            (1) in paragraph (14) (as so redesignated by section
        2(a)(1)(C) of this Act) by striking ``primary'' and inserting
        ``principal''; and
            (2) in paragraph (15) (as so redesignated by section
        2(a)(1)(C) of this Act) by striking ``primary'' and inserting
        ``principal''.

            Passed the House of Representatives May 23, 2000.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Private Property Rights Act of
1997''.

SEC. 2. FINDINGS.

    The Congress finds that--
            (1) the ownership of private property plays an important
        role in the economic and social well-being of the Nation;
            (2) the protection of private property from a taking by the
        Government without just compensation is an integral protection
        for private citizens incorporated into the United States
        Constitution by the fifth amendment and made applicable to the
        States by the fourteenth amendment;
            (3) Federal agency actions that restrict the use of private
        property and result in a significant diminution in value of
        such property constitute a taking of that property and should
        be properly compensated;
            (4) Federal agencies should consider the impact of agency
        actions, including regulations, on the use and ownership of
        private property; and
            (5) owners of private property that is taken by a Federal
        agency action should be permitted to seek relief in Federal
        district court.

SEC. 3. STATEMENT OF POLICY.

    The policy of the Federal Government is to protect the health,
safety, and general welfare of the public in a manner that, to the
extent practicable, avoids takings of private property.

SEC. 4. DEFINITIONS.

    For purposes of this Act--
            (1) the term ``agency'' means a department, agency,
        independent agency, or instrumentality of the United States,
        including any military department, Government corporation,
        Government-controlled corporation, or other establishment in
        the executive branch of the United States Government;
            (2) the term ``agency action'' means any action, inaction,
        or decision taken by an agency and includes such an action,
        inaction, or decision taken by, or pursuant to--
                    (A) a statute, rule, regulation, order, guideline,
                or policy; or
                    (B) the issuance, denial, or suspension of any
                permit, license, or authorization;
            (3) the term ``owner'' means the person with title,
        possession, or other property rights in property affected by
        any taking of such property; and
            (4) the term ``taking of private property'' means any
        action whereby private property is taken in such a way as to
        require compensation under the fifth amendment to the United
        States Constitution.

SEC. 5. REQUIREMENT FOR PRIVATE PROPERTY TAKING IMPACT ANALYSIS.

    (a) In General.--To the fullest extent possible--
            (1) the policies, regulations, and public laws of the
        United States shall be interpreted and administered in
        accordance with the policies under this Act; and
            (2) subject to subsection (b), each agency shall complete a
        private property taking impact analysis before taking any
        agency action (including the promulgation of a regulation)
        which is likely to result in a taking of private property.
    (b) Nonapplication.--Subsection (a)(2) shall not apply to--
            (1) an action in which the power of eminent domain is
        formally exercised;
            (2) an action taken--
                    (A) with respect to property held in trust by the
                United States; or
                    (B) in preparation for, or in connection with,
                treaty negotiations with foreign nations;
            (3) a law enforcement action, including seizure, for a
        violation of law, of property for forfeiture or as evidence in
        a criminal proceeding;
            (4) a communication between an agency and a State or local
        land-use planning agency concerning a planned or proposed State
        or local activity that regulates private property, regardless
        of whether the communication is initiated by an agency or is
undertaken in response to an invitation by the State or local
authority;
            (5) the placement of a military facility or a military
        activity involving the use of solely Federal property;
            (6) any military or foreign affairs function (including a
        procurement function under a military or foreign affairs
        function), but not including the civil works program of the
        Army Corps of Engineers; and
            (7) any case in which there is an immediate threat to
        health or safety that constitutes an emergency requiring
        immediate response or the issuance of a regulation under
        section 553(b)(B) of title 5, United States Code, if the taking
        impact analysis is completed after the emergency action is
        carried out or the regulation is published.
    (c) Content of Analysis.--A private property taking impact analysis
shall be a written statement that includes--
            (1) the specific purpose of the agency action;
            (2) an assessment of the likelihood that a taking of
        private property will occur under such agency action;
            (3) an evaluation of whether such agency action is likely
        to require compensation to private property owners;
            (4) alternatives to the agency action that would--
                    (A) achieve the intended purposes of the agency
                action; and
                    (B) lessen the likelihood that a taking of private
                property will occur; and
            (5) an estimate of the potential liability of the Federal
        Government if the Government is required to compensate a
        private property owner as a result of the agency action.
    (d) Submission to OMB.--Each agency shall provide the analysis
required under this section as part of any submission otherwise
required to be made to the Office of Management and Budget relating to
an agency action.
    (e) Public Availability of Analysis.--An agency shall--
            (1) make each private property taking impact analysis
        available to the public; and
            (2) to the greatest extent practicable, transmit a copy of
        such analysis to the owner and any other person with a property
        right or interest in the affected property.

SEC. 6. ALTERNATIVES TO TAKING OF PRIVATE PROPERTY.

    Before taking any final agency action, the agency shall fully
consider alternatives described in section 5(c)(4) and shall, to the
maximum extent practicable, alter the action to avoid or minimize the
taking of private property.

SEC. 7. CIVIL ACTION.

    (a) Standing.--If an agency action results in the taking of private
property, the owner of such property may obtain appropriate relief in a
civil action against the agency that has caused the taking to occur.
    (b) Jurisdiction.--Notwithstanding sections 1346 or 1491 of title
28, United States Code--
            (1) a civil action against the agency may be brought in
        either the United States District Court in which the property
        at issue is located or in the United States Court of Federal
        Claims, regardless of the amount in controversy; and
            (2) if property is located in more than 1 judicial
        district, the claim for relief may be brought in any district
        in which any part of the property is located.

SEC. 8. GUIDANCE AND REPORTING REQUIREMENTS.

    (a) Guidance.--The Attorney General shall provide legal guidance in
a timely manner, in response to a request by an agency, to assist the
agency in complying with this Act.
    (b) Reports.--
            (1) In general.--Not later than 1 year after the date of
        enactment of this Act and at the end of each 1-year period
        thereafter, each agency shall submit a report to the Director
        of the Office of Management and Budget and the Attorney General
        that identifies--
                    (A) each agency action that has resulted in the
                preparation of a taking impact analysis;
                    (B) the filing of a taking claim; and
                    (C) any award of compensation pursuant to the just
                compensation clause of the fifth amendment to the
                Constitution.
            (2) Publication of reports.--The Director of the Office of
        Management and Budget and the Attorney General shall publish in
        the Federal Register, on an annual basis, a compilation of the
        reports of all agencies made under this paragraph.

SEC. 9. PRESUMPTIONS IN PROCEEDINGS.

    For the purpose of any agency action or administrative or judicial
proceeding, there shall be a rebuttable presumption that the costs,
values, and estimates in any private property takings impact analysis
shall be outdated and inaccurate, if--
            (1) such analysis was completed 5 years or more before the
        date of such action or proceeding; and
            (2) such costs, values, or estimates have not been modified
        within the 5-year period preceding the date of such action or
        proceeding.

SEC. 10. RULES OF CONSTRUCTION.

    Nothing in this Act shall be construed to--
            (1) limit any right or remedy, constitute a condition
        precedent or a requirement to exhaust administrative remedies,
        or bar any claim of any person relating to such person's
        property under any other law, including claims made under this
        Act, section 1346 or 1402 of title 28, United States Code, or
        chapter 91 of title 28, United States Code; or
            (2) constitute a conclusive determination of--
                    (A) the value of any property for purposes of an
                appraisal for the acquisition of property, or for the
                determination of damages; or
                    (B) any other material issue.

SEC. 11. EFFECTIVE DATE.

    This Act shall take effect 120 days after the date of enactment of
this Act.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Professional's Access To Health
Workforce Integration Act of 2015''.

SEC. 2. CAREER SUPPORT FOR SKILLED, INTERNATIONALLY EDUCATED HEALTH
              PROFESSIONALS.

    (a) Findings.--Congress finds the following:
            (1) According to the Association of Schools of Public
        Health, projections indicate a nationwide shortage of up to
        250,000 public health workers needed by 2020.
            (2) Similar trends are projected for other health
        professions indicating shortages across disciplines, including
        within the fields of nursing (500,000 by 2025), dentistry
        (15,000 by 2025), pharmacy (38,000 by 2030), mental and
        behavioral health, primary care (46,000 by 2025), and community
        and allied health.
            (3) A nationwide health workforce shortage will result in
        serious health threats and more severe and costly health care
        needs, due to, in part, a delayed response to food-borne
        outbreaks, emerging infectious diseases, natural disasters,
        fewer cancer screenings, and delayed treatment.
            (4) Vulnerable and underserved populations and health
        professional shortage areas will be most severely impacted by
        the health workforce shortage.
            (5) According to the Migration Policy Institute, over
        2,000,000 college-educated immigrants in the United States
        today are unemployed or underemployed in low- or semi-skilled
        jobs that fail to draw on their education and expertise.
            (6) Approximately 2 out of every 5 internationally educated
        immigrants are unemployed or underemployed.
            (7) According to Drexel University Center for Labor Markets
        and Policy, underemployment for internationally educated
        immigrant women is 28 percent higher than for their male
        counterparts.
            (8) According to the Drexel University Center for labor
        markets and policy, the mean annual earnings of underemployed
        immigrants were $32,000, or 43 percent less than United States
        born college graduates employed in the college labor market.
            (9) According to Upwardly Global and the Welcome Back
        Initiative, with proper guidance and support, underemployed
        skilled immigrants typically increase their income by 215
        percent to 900 percent.
            (10) According to the Brookings Institution and the
        Partnership for a New American Economy, immigrants working in
        the health workforce are, on average, better educated than
        United States-born workers in the health workforce.
    (b) Grants to Eligible Entities.--
            (1) Authority to provide grants.--The Secretary of Health
        and Human Services acting through the Bureau of Health
        Workforce within the Health Resources and Services
        Administration, the National Institute on Minority Health and
        Health Disparities, or the Office of Minority Health (in this
        section referred to as the ``Secretary'') may award grants to
        eligible entities to carry out activities described in
        subsection (c).
            (2) Eligibility.--To be eligible to receive a grant under
        this section, an entity shall--
                    (A) be a clinical, public health, or health
                services organization, a community-based or nonprofit
                entity, an academic institution, a faith-based
                organization, a State, county, or local government, an
                Area Health Education Center, or another entity
                determined appropriate by the Secretary; and
                    (B) submit to the Secretary an application at such
                time, in such manner, and containing such information
                as the Secretary may require.
    (c) Authorized Activities.--A grant awarded under this section
shall be used--
            (1) to provide services to assist unemployed and
        underemployed skilled immigrants, residing in the United
        States, who have legal, permanent work authorization and who
        are internationally educated health professionals, enter into
        the American health workforce with employment matching their
        health professional skills and education, and advance in
        employment to positions that better match their health
        professional education and expertise;
            (2) to provide training opportunities to reduce barriers to
        entry and advancement in the health workforce for skilled,
        internationally educated immigrants;
            (3) to educate employers regarding the abilities and
        capacities of internationally educated health professionals;
            (4) to assist in the evaluation of foreign credentials; and
            (5) to facilitate access to contextualized and accelerated
        courses on English as a second language.
    (d) Definition.--In this section:
            (1) The term ``health professional'' means an individual
        trained for employment or intended employment in the field of
        public health, health management, dentistry, health
        administration, medicine, nursing, pharmacy, psychology, social
        work, psychiatry, other mental and behavioral health, allied
        health, community health or wellness work, including fitness
        and nutrition, or other fields as determined appropriate by the
        Secretary.
            (2) The term ``underemployed'' means being employed at less
        skilled tasks than an employee's training or abilities would
        otherwise permit.
    (e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section such sums as may be necessary
for each of fiscal years 2016 through 2020.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Promoting American Agricultural and
Medical Exports to Cuba Act of 2009''.

SEC. 2. CLARIFICATION OF PAYMENT TERMS UNDER THE TRADE SANCTIONS REFORM
              AND EXPORT ENHANCEMENT ACT OF 2000.

    Section 908(b)(4) of the Trade Sanctions Reform and Export
Enhancement Act of 2000 (22 U.S.C. 7207(b)(4)) is amended--
            (1) in subparagraph (B), by striking ``and'' at the end;
            (2) in subparagraph (C), by striking the period at the end
        and inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(D) the term `payment of cash in advance' means,
                notwithstanding any other provision of law, the payment
                by the purchaser of an agricultural commodity or
                product and the receipt of such payment by the seller
                prior to--
                            ``(i) the transfer of title of such
                        commodity or product to the purchaser; and
                            ``(ii) the release of control of such
                        commodity or product to the purchaser.''.

SEC. 3. AUTHORIZATION OF DIRECT TRANSFERS BETWEEN CUBAN AND UNITED
              STATES DEPOSITORY INSTITUTIONS UNDER THE TRADE SANCTIONS
              REFORM AND EXPORT ENHANCEMENT ACT OF 2000.

    (a) In General.--Notwithstanding any other provision of law
(including section 908(b)(1)(B) of the Trade Sanctions and Export
Enhancement Act of 2000 (22 U.S.C. 7207(b)(1)(B)), the President may
not restrict direct transfers from a Cuban depository institution to a
United States depository institution executed in payment for an
agricultural commodity or product authorized for sale under the Trade
Sanctions Reform and Export Enhancement Act of 2000 (22 U.S.C. 7201 et
seq.).
    (b) Depository Institution Defined.--In this section, the term
``depository institution'' means any entity that is engaged primarily
in the business of banking (including a bank, savings bank, savings
association, credit union, trust company, or bank holding company).

SEC. 4. ESTABLISHMENT OF AGRICULTURAL EXPORT PROMOTION PROGRAM WITH
              RESPECT TO CUBA.

    (a) In General.--The Secretary of Agriculture shall establish a
program to provide information and technical assistance to United
States agricultural producers, cooperative organizations, and State
agencies that promote the sale of agricultural commodities or products,
in order to promote and facilitate exports of United States
agricultural commodities or products to Cuba as authorized by the Trade
Sanctions Reform and Export Enhancement Act of 2000.
    (b) Technical Assistance To Facilitate Exports.--The Secretary of
Agriculture shall maintain on the website of the Department of
Agriculture information to assist exporters and potential exporters of
United States agricultural commodities or products with respect to
Cuba.
    (c) Authorization of Funds.--The Secretary of Agriculture is
authorized to expend such sums as may be available in the Agricultural
Export Promotion Trust Fund established under section 9511 of the
Internal Revenue Code of 1986 (as added by section 5(b) of this Act).

SEC. 5. INCREASE IN AIRPORT TICKET TAX FOR TRANSPORTATION BETWEEN
              UNITED STATES AND CUBA; ESTABLISHMENT OF AGRICULTURAL
              EXPORT PROMOTION TRUST FUND.

    (a) Increase in Ticket Tax.--Subsection (c) of section 4261 of the
Internal Revenue Code of 1986 (relating to use of international travel
facilities) is amended by adding at the end the following new
paragraph:
            ``(4) Special rule for cuba.--In any case in which the tax
        imposed by paragraph (1) applies to transportation beginning or
        ending in Cuba before January 1, 2016, such tax shall be
        increased by $1.00.''.
    (b) Agricultural Export Promotion Trust Fund.--
            (1) In general.--Subchapter A of chapter 98 of the Internal
        Revenue Code of 1986 (relating to establishment of trust funds)
        is amended by adding at the end the following new section:

``SEC. 9511. AGRICULTURAL EXPORT PROMOTION TRUST FUND.

    ``(a) Creation of Trust Fund.--There is established in the Treasury
of the United States a trust fund to be known as the `Agricultural
Export Promotion Trust Fund', consisting of such amounts as may be
appropriated or credited to such fund as provided in this section or
section 9602(b).
    ``(b) Transfers to Trust Fund.--There are hereby appropriated to
the Agricultural Export Promotion Trust Fund amounts equivalent to the
increase in taxes received in the Treasury by reason of section
4261(c)(4).
    ``(c) Expenditures.--Amounts in the Agricultural Export Promotion
Trust Fund shall be available, as provided by appropriation Acts, for
making expenditures to the Office of the Secretary of Agriculture for
the purposes set out in section 4 of the Promoting American
Agricultural and Medical Exports to Cuba Act of 2009.''.
            (2) Conforming amendment.--Subparagraph (B) of section
        9502(b)(1) of such Code is amended by inserting ``(other than
        by reason of subsection (c)(4) thereof)'' after ``sections
        4261''.
            (3) Clerical amendment.--The table of sections for
        subchapter A of chapter 98 of such Code is amended by adding at
        the end the following new item:

``Sec. 9511. Agricultural Export Promotion Trust Fund.''.
    (c) Effective Date.--The amendment made by subsection (a) shall
apply to transportation beginning after the 90-day period beginning on
the date of the enactment of this Act, except that such amendment shall
not apply to amounts paid before the end of such period.

SEC. 6. SENSE OF CONGRESS THAT VISAS SHOULD BE ISSUED.

    (a) Sense of Congress.--It is the sense of Congress that the
Secretary of State should issue visas for temporary entry into the
United States to nationals of Cuba whose itinerary documents an intent
to conduct activities, including phytosanitary inspections, relating to
the purchase of United States agricultural commodities or products
pursuant to the provisions of the Trade Sanctions Reform and Export
Enhancement Act of 2000 (22 U.S.C. 7201 et seq.).
    (b) Periodic Reports.--
            (1) In general.--Not later than 45 days after the date of
        the enactment of this Act, and every 90 days thereafter, the
        Secretary of State shall submit to the Committee on Finance,
        the Committee on Agriculture, Nutrition, and Forestry, and the
        Committee on Foreign Relations of the Senate, and the Committee
        on Agriculture, the Committee on Ways and Means, and the
        Committee on Foreign Affairs of the House of Representatives a
        report on the issuance of visas described in subsection (a).
            (2) Content of reports.--Each report under paragraph (1)
        shall contain a full description of each application received
        from a national of Cuba for a visa to travel to the United
        States to engage in purchasing activities pursuant to the
        provisions of the Trade Sanctions Reform and Export Enhancement
        Act of 2000 (22 U.S.C. 7201 et seq.) and shall describe the
        disposition of each such application.

SEC. 7. EXPORT OF MEDICINES AND MEDICAL DEVICES TO CUBA.

    (a) Repeal of Requirement for Onsite Verifications.--Section 1705
of the Cuban Democracy Act of 1992 (22 U.S.C. 6004) is amended by
striking subsection (d).
    (b) Rule of Construction.--Nothing in the amendment made by
subsection (a) shall be construed to restrict the authority of the
President to--
            (1) impose export controls with respect to the export of
        medicines or medical devices under sections 5 or 6 of the
        Export Administration Act of 1979 (as in effect pursuant to the
        International Emergency Economic Powers Act (50 U.S.C. App.
        2404 or 2405)); or
            (2) exercise the authority the President has under the
        International Emergency Economic Powers Act (50 U.S.C. 1701 et
        seq.) with respect to Cuba pursuant to a declaration of
        national emergency required by that Act that is made on account
        of an unusual and extraordinary threat, that did not exist
        before the enactment of this Act, to the national security,
        foreign policy, or economy of the United States.

SEC. 8. TRAVEL TO CUBA.

    (a) Freedom of Travel for United States Citizens and Legal
Residents.--Notwithstanding section 102(h) of the Cuban Liberty and
Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6032(h)) and
section 910(b) of the Trade Sanctions Reform and Export Enhancement Act
of 2000 (22 U.S.C. 7209(b)) and subject to subsection (b)--
            (1) the President may not regulate or prohibit, directly or
        indirectly, travel to or from Cuba by United States citizens or
        legal residents, or any of the transactions incident to such
        travel; and
            (2) any regulation in effect on the date of the enactment
        of this Act that regulates or prohibits travel to or from Cuba
        by United States citizens or legal residents or transactions
        incident to such travel shall cease to have any force or
        effect.
    (b) Exception.--The restrictions on authority contained in
subsection (a) shall not apply in a case in which the United States is
at war with Cuba, armed hostilities between the two countries are in
progress, or there is imminent danger to the public health or the
physical safety of United States citizens or legal residents.
    (c) Applicability.--This section applies to actions taken by the
President--
            (1) on or after the date of the enactment of this Act; or
            (2) before the date of the enactment of this Act which are
        in effect on such date of enactment.

SEC. 9. ADHERENCE TO INTERNATIONAL AGREEMENTS FOR THE MUTUAL PROTECTION
              OF INTELLECTUAL PROPERTY.

    (a) Repeal of Prohibition on Transactions or Payments With Respect
to Certain United States Intellectual Property.--Section 211 of the
Department of Commerce and Related Agencies Appropriations Act, 1999
(section 101(b) of division A of Public Law 105-277; 112 Stat. 2681-88)
is repealed.
    (b) Regulations.--The Secretary of the Treasury shall promulgate
such regulations as are necessary to carry out the repeal made by
subsection (a), including removing any prohibition on transactions or
payments to which subsection (a)(1) of section 211 of the Department of
Commerce and Related Agencies Appropriations Act, 1999 (as such section
was in effect on the day before the date of the enactment of this Act)
applied.
    (c) Further Regulations.--
            (1) In general.--The Secretary of the Treasury shall amend
        part 515 of title 31, Code of Federal Regulations (commonly
        referred to as the ``Cuban Assets Control Regulations''), to
        authorize under general license the transfer or receipt of any
        trademark or trade name subject to United States law in which a
        designated national has an interest.
            (2) Designated national defined.--In this subsection, the
        term ``designated national'' has the meaning given the term in
        subsection (d)(1) of section 211 of the Department of Commerce
        and Related Agencies Appropriations Act, 1999 (as such section
        was in effect on the day before the date of the enactment of
        this Act).


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Prostate Testing Full Information
Act''.

SEC. 2. REQUIREMENT RELATING TO CERTAIN PHYSICIANS.

    (a) Requirement.--If a covered physician, during a physical
examination, examines the prostate gland of a patient, the physician
shall provide information to the patient concerning the availability of
appropriate diagnostic procedures, including the prostate antigen test,
if any of the following conditions are present:
            (1) The patient is over 50 years of age.
            (2) The patient manifests clinical symptomatology.
            (3) The patient is at an increased risk of prostate cancer.
            (4) The provision of the information to the patient is
        medically necessary, in the opinion of the physician.
    (b) Enforcement.--The Secretary of Health and Human Services shall
promulgate regulations that--
            (1) require the reporting of covered physicians that
        violate subsection (a) to the Secretary; and
            (2) provide for the application of sanctions to enforce the
        provisions of subsection (a).
    (c) Definition.--In this section, the term ``covered physician''
means a physician as defined in section 1861(r) of the Social Security
Act (42 U.S.C. 1395x(r)) who has received any Federal payment or
assistance under any program under--
            (1) the Public Health Service Act (42 U.S.C. 201 et seq.);
        or
            (2) the Social Security Act (42 U.S.C. 301 et seq.).

SEC. 3. AMENDMENTS TO THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF
              1974.

    (a) In General.--Subpart B of part 7 of subtitle B of title I of
the Employee Retirement Income Security Act of 1974 (as added by
section 603(a) of the Newborns' and Mothers' Health Protection Act of
1996 and amended by section 702(a) of the Mental Health Parity Act of
1996) is amended by adding at the end the following:

``SEC. 713. REQUIREMENT RELATING TO PROSTATE SPECIFIC ANTIGEN TEST.

    ``(a) Requirement.--If a physician, during a physical examination,
examines the prostate gland of a patient, the physician shall provide
information to the patient concerning the availability of appropriate
diagnostic procedures, including the prostate antigen test, if any of
the following conditions are present:
            ``(1) The patient is over 50 years of age.
            ``(2) The patient manifests clinical symptomatology.
            ``(3) The patient is at an increased risk of prostate
        cancer, as determined pursuant to regulations promulgated by
        the Secretary of Health and Human Services.
            ``(4) The provision of the information to the patient is
        medically necessary, in the opinion of the physician.
    ``(b) Prohibition on Limitation.--The provision of information in
accordance with subsection (a) may not be prohibited under the terms
of--
            ``(1) any written contract or written agreement between the
        physician and any group health plan, any health insurance
        issuer providing health insurance coverage in connection with a
        group health plan, or any related party with respect to a group
        health plan; or
            ``(2) any written statement from the plan, issuer, or
        related party to the physician.
    ``(c) Rule of Construction.--Nothing in this section shall be
construed as requiring a group health plan or a health insurance issuer
providing health insurance coverage in connection with a group health
plan to provide coverage for prostate specific antigen tests.
    ``(d) Definition.--In this section, the term `physician' has the
meaning given such term in section 1861(r) of the Social Security Act
(42 U.S.C. 1395x(r)).''.
    (b) Clerical Amendment.--The table of contents in section 1 of such
Act, as amended by section 603 of the Newborns' and Mothers' Health
Protection Act of 1996 and section 702 of the Mental Health Parity Act
of 1996, is amended by inserting after the item relating to section 712
the following new item:

``Sec. 713. Requirement relating to prostate specific antigen test.''.
    (c) Effective Date.--The amendments made by this section shall
apply with respect to plan years beginning on or after January 1, 1998.

SEC. 4. AMENDMENTS TO THE PUBLIC HEALTH SERVICE ACT RELATING TO THE
              GROUP MARKET.

    (a) In General.--Subpart 2 of part A of title XXVII of the Public
Health Service Act (as added by section 604(a) of the Newborns' and
Mothers' Health Protection Act of 1996 and amended by section 703(a) of
the Mental Health Parity Act of 1996) is amended by adding at the end
the following new section:

``SEC. 2706. REQUIREMENT RELATING TO PROSTATE SPECIFIC ANTIGEN TEST.

    ``(a) Requirement.--If a physician, during a physical examination,
examines the prostate gland of a patient, the physician shall provide
information to the patient concerning the availability of appropriate
diagnostic procedures, including the prostate antigen test, if any of
the following conditions are present:
            ``(1) The patient is over 50 years of age.
            ``(2) The patient manifests clinical symptomatology.
            ``(3) The patient is at an increased risk of prostate
        cancer, as determined pursuant to regulations promulgated by
        the Secretary of Health and Human Services.
            ``(4) The provision of the information to the patient is
        medically necessary, in the opinion of the physician.
    ``(b) Prohibition on Limitation.--The provision of information in
accordance with subsection (a) may not be prohibited under the terms
of--
            ``(1) any written contract or written agreement between the
        physician and any group health plan, any health insurance
        issuer providing health insurance coverage in connection with a
        group health plan, or any related party with respect to a group
        health plan; or
            ``(2) any written statement from the plan, issuer, or
        related party to the physician.
    ``(c) Rule of Construction.--Nothing in this section shall be
construed as requiring a group health plan or a health insurance issuer
providing health insurance coverage in connection with a group health
plan to provide coverage for prostate specific antigen tests.
    ``(d) Definition.--In this section, the term `physician' has the
meaning given such term in section 1861(r) of the Social Security Act
(42 U.S.C. 1395x(r)).''.
    (b) Effective Date.--The amendments made by this section shall
apply with respect to group health plans for plan years beginning on or
after January 1, 1998.

SEC. 5. AMENDMENT TO THE PUBLIC HEALTH SERVICE ACT RELATING TO THE
              INDIVIDUAL MARKET.

    (a) In General.--Subpart 3 of part B of title XXVII of the Public
Health Service Act (as added by section 605(a) of the Newborn's and
Mother's Health Protection Act of 1996) is amended by adding at the end
the following new section:

``SEC. 2752. REQUIREMENT RELATING TO PROSTATE SPECIFIC ANTIGEN TEST.

    ``The provisions of section 2706 shall apply to health insurance
coverage offered by a health insurance issuer in the individual market
in the same manner as they apply to health insurance coverage offered
by a health insurance issuer in connection with a group health plan in
the small or large group market.''.
    (b) Effective Date.--The amendment made by this section shall apply
with respect to health insurance coverage offered, sold, issued,
renewed, in effect, or operated in the individual market on or after
January 1, 1998.

SEC. 6. RESEARCH AND EDUCATION REGARDING PROSTATE CANCER; CERTAIN
              PROGRAMS OF THE PUBLIC HEALTH SERVICE.

    (a) National Institutes of Health.--Section 417B(c) of the Public
Health Service Act (42 U.S.C. 286a-8(c)) is amended in the first
sentence by striking ``$72,000,000'' and all that follows and inserting
the following: ``$90,250,000 for fiscal year 1998, $108,500,000 for
fiscal year 1999, $126,500,000 for fiscal year 2000, and $145,000,000
for fiscal year 2001.''.
    (b) Agency for Health Care Policy and Research.--Section 902 of the
Public Health Service Act (42 U.S.C. 299a) is amended by adding at the
end the following:
    ``(f) Activities Regarding Prostate Cancer.--The Administrator
shall, with respect to prostate cancer--
            ``(1) conduct and support research on the outcomes,
        effectiveness, and appropriateness of health services and
        procedures; and
            ``(2) in carrying out section 912(a), provide for the
        development, periodic review, and updating of clinically
        relevant guidelines, standards of quality, performance
        measures, and medical review criteria.''.


SECTION 1. FINDINGS; SENSE OF THE CONGRESS.

    (a) Findings.--The Congress finds the following:
            (1) The workers who mine American coal have fueled nearly 2
        centuries of industrial development, and are crucial to the
        Nation's economic well-being.
            (2) The Federal Government has had a central role with
        regard to both the coal industry and the health and welfare of
        coal miners. Both the Congress and the executive branch have
        frequently intervened in the coal industry to protect the
        interests of both coal miners and the industry itself. For
        example--
                    (A) the Congress enacted legislation--
                            (i) regulating the coal industry to protect
                        the health and safety of coal miners; and
                            (ii) guaranteeing health care for coal
                        miners and their families, and providing
                        benefits to victims of black lung disease; and
                    (B) the Executive Branch has seized the Nation's
                coal mines for the purpose of negotiating a collective
                bargaining agreement on the mine owners' behalf, has
                otherwise frequently intervened in collective
                bargaining in the coal industry, and has created
                numerous panels and commissions to study problems and
                issues unique to coal mining communities and the coal
                Industry.
            (3) Because coal is an abundant domestic resource, a strong
        coal industry serves to reduce American dependence upon foreign
        oil and is vital both to commerce and to the defense of the
        United States.
            (4) As the result of the abuse of the provisions of
        bankruptcy law, certain coal industry employers have been able
        to gain unfair advantages over their competitors, primarily at
        the expense of their employees.
    (b) Sense of the Congress.-- It is the sense of the Congress that
the abuse of the provisions of bankruptcy law by certain coal industry
employers is damaging to the economic health of the United States, as
well as to the employees who are directly harmed by such legal abuses.

SEC. 2. AMENDMENTS TO TITLE 11 OF THE UNITED STATES CODE.

    Title 11 of the United States Code is amended--
            (1) in section 101 by inserting after paragraph (5) the
        following:
            ``(5A) Coal industry employer.--The term `coal industry
        employer' means an employer in the coal industry, and all
        members of the employer's controlled group of corporations and
        all trades and businesses under common control (within the
        meaning of sections 52(a) and 52(b) of the Internal Revenue
        Code of 1986).
            ``(5B) Covered facility of a coal industry employer.--The
        term `covered facility of a coal industry employer' means any
        facility owned or operated by a coal industry employer that is
        involved in the production, processing, or transportation of
        coal.'';
            (2) in section 363 by adding at the end the following:
    ``(p) Notwithstanding subsection (f), a covered facility of a
debtor that is coal industry employer that is sold by the trustee shall
remain subject to the labor rights of the current and former employees
of the debtor. For purposes of this subsection, the term `labor rights'
means--
            ``(1) if the employees at a covered facility of a coal
        industry employer to be sold are covered under the terms of a
        current collective bargaining agreement (other than an
        agreement that has been rejected pursuant to the terms of
        sections 365 or 1113), the obligations of the debtor arising
        under that agreement or under the National Labor Relations Act;
        or
            ``(2) if the employees at a covered facility of a coal
        industry employer to be sold are represented by a labor
        organization but are not covered under the terms of an current
        collective bargaining agreement, the obligations of the debtor
        arising under the National Labor Relations Act.
Furthermore, in the case of the sale of a covered facility of a coal
industry employer at which employees are represented by a labor
organization, such labor organization shall be conclusively presumed to
enjoy majority support for a period of 1 year from the date of such
sale, or such longer period as required by applicable nonbankruptcy
law.'';
            (3) in section 1113 by adding at the end the following:
    ``(g)(1) Notwithstanding any other provision of this section, no
application for the rejection of a collective bargaining agreement
between a coal industry employer relating to a covered facility of such
coal industry employer shall be approved unless the following
additional conditions are met:
            ``(A) The information provided pursuant to subsection
        (b)(1)(B) has been personally verified by the principal
        officers (including the principal executive officer and
        principal financial officer) of the debtor under penalty of
        perjury.
            ``(B) As soon as practicable after the filing of an
        application under this section, the Secretary of Labor shall
        submit a list of five disinterested individuals who are
        qualified and willing to serve as trustees in the case. The
        United States trustee shall appoint one of such individuals to
        serve as trustee in the case.
            ``(C) The court finds that the executive management of the
        debtor has not received any wage increases or bonuses during
        the period that the case is pending under this title, or within
        the year preceding the filing of the petition, or that any such
        wage increases or bonuses have been disgorged and refunded to
        the debtor.
            ``(D) The court finds that the proposal made pursuant to
        subsection (b)(1)(A)--
                    ``(i) does not purport to relieve the debtor, or
                the purchaser of a covered facility of a coal industry
                employer, from any obligations otherwise arising under
                the National Labor Relations Act;
                    ``(ii) provides that the purchaser of any facility
                owned by the debtor is to be considered a `successor'
                under the National Labor Relations Act;
                    ``(iii) does not abridge labor rights, as defined
                in section 363(p); and
                    ``(iv) provides that existing employees retain all
                noneconomic employment rights provided under the terms
                of the collective bargaining agreement (including the
                right to not be terminated without cause and any recall
                rights following a layoff), both with regard to the
                debtor and the purchaser of a covered facility of a
                coal industry employer.
    ``(2) Any obligations arising under the terms of a collective
bargaining agreement prior to the entry of relief under this section
shall be secured by a lien on all of the assets of the debtor.''; and
            (4) in section 1114 by adding the following at the end:
    ``(m) If the court enters an order approving an application for the
modification of retiree benefits owed by a coal industry employer
relating to a covered facility of such coal industry employer, all
members of the debtor's controlled group of corporations and all trades
and businesses under common control (within the meaning of sections
52(a) and 52(b) of the Internal Revenue Code of 1986) shall be jointly
and severally liable for all damages arising as the result of the entry
of such order, and all such claims shall be entitled to priority
pursuant to section 507(a)(1).''.

SEC. 3. EFFECTIVE DATE AND APPLICATION OF AMENDMENTS.

    This Act and the amendments made by this Act shall take effect on
the date of the enactment of this Act, and shall apply with respect to
cases commenced under title 11 of the United States Code before, on, or
after such date.