SECTION 1. SHORT TITLE.

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

SEC. 2. FINDINGS.

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

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

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

SEC. 4. HOMEOWNER RIGHT OF ACTION.

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

SEC. 5. EFFECTIVE DATE.

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

SEC. 6. DEFINITIONS.

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


SECTION 1. EXCHANGE OVERSIGHT.

    Subtitle D of title I of the Patient Protection and Affordable Care
Act (42 U.S.C. 18021 et seq.) is amended by adding at the end the
following:

                      ``PART 6--EXCHANGE OVERSIGHT

``SEC. 1351. BOARD OF DIRECTORS AND CEO.

    ``(a) In General.--There is established the Marketplace Health
Insurance Corporation headed by a Chief Executive Officer and directed
by a Board of Directors, to oversee management of the Federal Exchange
and State Exchanges, and to provide health insurance oversight.
    ``(b) CEO.--
            ``(1) In general.--The President shall appoint a Chief
        Executive Officer, by and with the consent of the Senate, who
        shall be responsible for administering the Federal Exchange,
        for overseeing State Exchanges, and for health insurance
        oversight.
            ``(2) Authorities and duties.--The Chief Executive Officer
        shall--
                    ``(A) report directly to the President;
                    ``(B) be accountable for implementation of the
                Federal Exchange and oversight of the State Exchanges;
                    ``(C) be responsible for all Federal health
                insurance oversight; and
                    ``(D) serve the public interest of individuals
                seeking health insurance, serve businesses seeking
                access to health coverage through the Exchanges, and
                ensure the efficient operation and function of the
                Exchanges.
            ``(3) Requirement.--To be eligible for appointment as Chief
        Executive Officer, an individual shall have a background in
        health care issues and private-sector management experience.
    ``(c) Board of Directors.--
            ``(1) Establishment.--There is established a Board of
        Directors of the Marketplace Health Insurance Corporation.
            ``(2) Duties.--The Board of Directors shall advise the
        Chief Executive Officer on the operation of the Federal
        Exchange, implementation of the State Exchanges, and health
        insurance oversight, including--
                    ``(A) the functionality of healthcare.gov (or any
                subsequent Internet site), including SHOP exchanges;
                    ``(B) ensuring that enrollment information is
                properly transferred from healthcare.gov (or any
                subsequent Internet site) to State Medicaid agencies;
                    ``(C) accuracy of enrollee information submitted
                through the Exchanges;
                    ``(D) ensuring the accuracy of advanced premium tax
                credits;
                    ``(E) ensuring the accuracy of payment to insurers;
                    ``(F) enhancement of the consumer experience when
                comparing plans, including out-of-pocket costs, and
                searching for a specific provider or drug formulary;
                    ``(G) overseeing the selection of plans offered on
                the Federal Exchange, including sufficient network
                adequacy and transparency requirements;
                    ``(H) providing recommendations to the Secretary of
                the Treasury with respect to the implementation of
                section 4980H of the Internal Revenue Code of 1986 and
                potential policy changes with respect to such section
                and associated reporting requirements;
                    ``(I) creating an automated appeals system for
                healthcare.gov (or any subsequent Internet site);
                    ``(J) overseeing the transition from a State
                Exchange to the Federal Exchange;
                    ``(K) enabling online enrollment in health
                insurance plans through the Exchanges for small
                businesses and employee choice for employees of small
                businesses;
                    ``(L) overseeing the Federal contracting related to
                healthcare.gov (or any subsequent Internet site);
                    ``(M) providing recommendations to the Office of
                Personal Management on the oversight and administration
                of the multi-State plan program; and
                    ``(N) additional matters, as determined by the
                Secretary of Health and Human Services, the Chief
                Executive Officer, or President.
            ``(3) Membership.--The Board of Directors shall be
        comprised of the following:
                    ``(A) The Secretary of Health and Human Services.
                    ``(B) The Administrator of the Centers for Medicare
                & Medicaid Services.
                    ``(C) The Commissioner of the Internal Revenue
                Service.
                    ``(D) The Administrator of the Small Business
                Administration.
                    ``(E) Three representatives of the private sector
                who have demonstrated knowledge in individual health
                care coverage, small employer health care coverage,
                administering a public or private health care delivery
                system, operating complex information system
                technologies, or promoting health and wellness,
                appointed by the Comptroller General of the United
                States.
            ``(4) Terms.--
                    ``(A) Officers of the federal government.--Each
                member of the Board of Directors described in
                subparagraphs (A) through (D) of paragraph (3) shall
                serve for a term that is concurrent with the member's
                term as an officer within the Federal department or
                agency.
                    ``(B) Other members.--Each member of the board
                described in paragraph (3)(E) shall be appointed for a
                term of 3 years and may be reappointed for a term of an
                additional 2 years.
            ``(5) Chairperson.--The Secretary of Health and Human
        Services shall serve as Chair of the Board of Directors.
    ``(d) Technical Advisory Committee.--
            ``(1) In general.--To assist the Chief Executive Officer
        and Board of Directors in carrying out their duties, the Board
        of Directors shall establish a technical advisory committee.
            ``(2) Membership.--The technical advisory committee shall
        be comprised of the following:
                    ``(A) One technical expert from the Centers for
                Medicare & Medicaid Administration.
                    ``(B) One representative of the health insurance
                industry.
                    ``(C) One representative of health care consumer
                groups.
                    ``(D) One representative of the National
                Association of Insurance Commissioners.
                    ``(E) One representative of the State Medicaid
                agencies.
                    ``(F) One representative from the small business
                community.
                    ``(G) One representative of Federal information
                technology contractors involved in the operation and
                development of healthcare.gov (or any subsequent
                Internet site).
                    ``(H) At the discretion of the Chair of the Board
                of Directors, up to 2 additional members, selected by
                the Chair and approved by the Chief Executive Officer.
            ``(3) Chair.--The Chair of the Board of Directors shall
        appoint one member of the technical advisory committee to serve
        as Chair of such committee.
            ``(4) Terms.--Each member of the technical advisory
        committee shall be appointed for a term of 3 years and may be
        reappointed for a term of an additional 2 years.
    ``(e) Work Plan and Report.--
            ``(1) Work plan.--Not later than 3 months after the date of
        enactment of this section, the Chief Executive Officer, in
        cooperation with the Board of Directors, shall develop a work
        plan with respect to duties described in subsection (c)(2),
        indicating the priority and schedule the Board of Directors
        will take in addressing such duties. The work plan shall be
        displayed on healthcare.gov (or any subsequent Internet site).
            ``(2) Annual report.--Not later than February 1 of each
        year, the Chief Executive Officer, in consultation with the
        Board of Directors, shall submit an annual report to the
        President and Congress on the status of the Federal Exchange
        and related insurance oversight, including progress made on the
        duties of the Chief Executive Officer and Board of Directors
        under subsection (c)(2) and remaining issues to be addressed to
        enhance the functionality of healthcare.gov (or any subsequent
        Internet site).''.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Housing Assistance Authorization Act
of 2007''.

SEC. 2. LIMITATION ON USE OF AUTHORIZED AMOUNTS.

    None of the amounts authorized by this Act may be used to lobby or
retain a lobbyist for the purpose of influencing a Federal, State, or
local governmental entity or officer.

SEC. 3. ASSISTANCE TO HOUSING ASSISTANCE COUNCIL.

    (a) Use.--The Secretary of Housing and Urban Development may
provide financial assistance to the Housing Assistance Council for use
by such Council to develop the ability and capacity of community-based
housing development organizations to undertake community development
and affordable housing projects and programs in rural areas. Assistance
provided by the Secretary under this section may be used by the Housing
Assistance Council for--
            (1) technical assistance, training, support, and advice to
        develop the business and administrative capabilities of rural
        community-based housing development organizations;
            (2) loans, grants, or other financial assistance to rural
        community-based housing development organizations to carry out
        community development and affordable housing activities for
        low- and moderate-income families; and
            (3) such other activities as may be determined by the
        Secretary and the Housing Assistance Council.
    (b) Authorization of Appropriations.--There is authorized to be
appropriated for financial assistance under this section for the
Housing Assistance Council--
            (1) $5,000,000 for fiscal year 2008; and
            (2) $10,000,000 for each of fiscal years 2009 and 2010.

SEC. 4. ASSISTANCE FOR RAZA DEVELOPMENT FUND.

    (a) Use.--The Secretary of Housing and Urban Development may make a
grant to the Raza Development Fund for the purpose of providing
technical and financial assistance to local non-profit organizations to
undertake community development and affordable housing projects and
programs serving low- and moderate-income households, particularly
through organizations located in neighborhoods with substantial
populations of income-disadvantaged households of Hispanic origin.
Assistance provided by the Secretary under this section may be used by
the Raza Development Fund to--
            (1) provide technical and financial assistance for site
        acquisition and development, construction financing, and short-
        and long-term financing for housing, community facilities, and
        economic development;
            (2) leverage capital from private entities, including
        private financial institutions, insurance companies, and
        private philanthropic organizations;
            (3) provide technical assistance, training, support, and
        advice to develop the management, financial, and administrative
        capabilities of housing development organizations serving low-
        income households, including Hispanic households; and
            (4) conduct such other activities as may be determined by
        the Secretary and the Raza Development Fund.
    (b) Authorization of Appropriations.--There is authorized to be
appropriated for grants under this section--
            (1) $5,000,000 for fiscal year 2008; and
            (2) $10,000,000 for each of fiscal years 2009 and 2010.

SEC. 5. ASSISTANCE FOR THE HOUSING PARTNERSHIP NETWORK.

    (a) Use.--The Secretary of Housing and Urban Development may make a
grant to the Housing Partnership Network (hereafter referred to as the
``Network'') for the purpose of creating, sustaining, and improving
access to affordable housing and community facilities that benefit very
low-, low- and moderate-income households and communities. Assistance
provided by the Secretary under this section may be used by the Network
to--
            (1) make investments, loans, and grants to its member
        nonprofits that demonstrate expertise in using such funds to
        leverage additional private capital to build, operate, finance,
        and sustain affordable housing and related community
        development facilities;
            (2) make investments in entities sponsored by the Network
        with the intent to leverage additional private capital for the
        purpose of furthering the production capacity, sustainability,
        or efficiency of its members;
            (3) pay for the necessary and reasonable expenses of the
        Network to administer and oversee such investments, including
        the cost of underwriting, managing the assets of the Network,
        and reporting to the Secretary and other capital providers,
        provided however, that such expenses do not exceed 6 percent of
        any amounts made available pursuant to subsection (b); and
            (4) conduct such other activities as may be determined by
        the Secretary and the Network.
    (b) Authorization of Appropriations.--There is authorized to be
appropriated for grants under this section--
            (1) $5,000,000 for fiscal year 2008; and
            (2) $10,000,000 for each of fiscal years 2009 and 2010.

SEC. 6. AUDITS AND REPORTS.

    (a) Audit.--In any year in which an entity or organization
described under either section 3, 4, or 5 receives funds under this
Act, the Comptroller General of the United States shall--
            (1) audit the financial transactions and activities of such
        entity or organization only with respect to such funds so
        received; and
            (2) submit a report detailing such audit to the Committee
        on Banking, Housing, and Urban Affairs of the Senate and the
        Committee on Financial Services of the House of
        Representatives.
    (b) GAO Report.--The Comptroller General of the United States shall
conduct a study and submit a report to the Committee on Banking,
Housing, and Urban Affairs of the Senate and the Committee on Financial
Services of the House of Representative on the use of any funds
appropriated to an entity or organization described under either
section 3, 4, or 5 over the past 10 years.

SEC. 7. PERSONS NOT LAWFULLY PRESENT IN THE UNITED STATES.

    None of the funds made available under this Act may be used to
provide direct housing assistance to any person not lawfully present in
the United States.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Housing Authority Funding Fairness
Act of 2007''.

SEC. 2. VOUCHER RENEWAL FUNDING.

    Section 8 of the United States Housing Act of 1937 (42 U.S.C.
1437f) is amended by striking subsection (dd) and inserting the
following new subsection:
    ``(dd) Tenant-Based Vouchers.--
            ``(1) Authorization of appropriations.--There are
        authorized to be appropriated, for each of fiscal years 2008
        through 2012, such sums as may be necessary for tenant-based
        assistance under subsection (o) for the following purposes:
                    ``(A) To renew all expiring annual contributions
                contracts for tenant-based rental assistance.
                    ``(B) To provide tenant-based rental assistance
                for--
                            ``(i) relocation and replacement of housing
                        units that are demolished or disposed of
                        pursuant to the Omnibus Consolidated
                        Rescissions and Appropriations Act of 1996
                        (Public Law 104-134);
                            ``(ii) conversion of section 23 projects to
                        assistance under this section;
                            ``(iii) the family unification program
                        under subsection (x) of this section;
                            ``(iv) relocation of witnesses in
                        connection with efforts to combat crime in
                        public and assisted housing pursuant to a
                        request from a law enforcement or prosecution
                        agency;
                            ``(v) enhanced vouchers authorized under
                        subsection (t) of this section;
                            ``(vi) vouchers in connection with the HOPE
                        VI program under section 24;
                            ``(vii) demolition or disposition of public
                        housing units pursuant to section 18 of the
                        United States Housing Act of 1937 (42 U.S.C.
                        1437p);
                            ``(viii) mandatory and voluntary
                        conversions of public housing to vouchers,
                        pursuant to sections 33 and 22 of the United
                        States Housing Act of 1937, respectively (42
                        U.S.C. 1437z-5, 1437t);
                            ``(ix) vouchers necessary to comply with a
                        consent decree or court order;
                            ``(x) vouchers transferred from another
                        public housing agency; and
                            ``(xi) tenant protection assistance,
                        including replacement and relocation
                        assistance.
            ``(2) Allocation of renewal funding among public housing
        agencies.--
                    ``(A) From amounts appropriated for each year
                pursuant to paragraph (1)(A), the Secretary shall
                provide renewal funding for each public housing
                agency--
                            ``(i) based on leasing and costs from the
                        prior year, as adjusted by an annual adjustment
                        factor to be established by the Secretary;
                            ``(ii) by making any adjustments necessary
                        to provide for the first-time renewal of
                        vouchers funded under paragraph (1)(B); and
                            ``(iii) by making such other adjustments as
                        the Secretary considers appropriate.
                    ``(B) Leasing and cost data.--For purposes of
                subparagraph (A)(i), leasing and cost data shall be
                calculated not less often than biennially by using the
                average for the calendar year that, at the time of such
                calculation, is the most recently completed calendar
                year for which the Secretary determines data is
                available, substantially verifiable, and complete. Such
                leasing data shall be adjusted to include vouchers that
                were set aside under a commitment to provide project-
                based assistance under subsection (o)(13).
                    ``(C) Moving to work.--Notwithstanding
                subparagraphs (A) and (B), each public housing agency
                participating at any time in the moving to work
                demonstration under section 204 of the Departments of
                Veterans Affairs and Housing and Urban Development, and
                Independent Agencies Appropriations Act, 1996 (42
                U.S.C. 1437f note) or in the Moving to Work program
                under section 36 of this Act shall be funded pursuant
                to its agreement under such program and shall be
                subject to any pro rata adjustment made under
                subparagraph (D).
                    ``(D) Pro rata allocation.--
                            ``(i) Insufficient funds.--To the extent
                        that amounts made available for a fiscal year
                        are not sufficient to provide each public
                        housing agency with the full allocation for the
                        agency determined pursuant to subparagraphs (A)
                        and (C), the Secretary shall reduce such
                        allocation for each agency on a pro rata basis,
                        except that renewal funding of enhanced
                        vouchers under section 8(t) shall not be
                        subject to such proration.
                            ``(ii) Excess funds.--To the extent that
                        amounts made available for a fiscal year exceed
                        the amount necessary to provide each housing
                        agency with the full allocation for the agency
                        determined pursuant to subparagraphs (A) and
                        (C), such excess amounts shall be used for the
                        purposes specified in subparagraphs (B) and (C)
                        of paragraph (4).
            ``(3) Advances.--
                    ``(A) Authority.--During the last 3 months of each
                calendar year, the Secretary shall provide amounts to
                any public housing agency, at the request of the
                agency, in an amount up to two percent of the
                allocation for the agency for such calendar year.
                    ``(B) Use.--Amounts advanced under subparagraph (A)
                may be used to pay for additional voucher costs,
                including costs related to temporary overleasing.
                    ``(C) Repayment.--Amounts advanced under
                subparagraph (A) in a calendar year shall be repaid to
                the Secretary in the subsequent calendar year by
                reducing the amounts made available for such agency for
                such subsequent calendar year pursuant to allocation
                under paragraph (2) by an amount equal to the amount so
                advanced to the agency.
            ``(4) Recapture.--
                    ``(A) In general.--The Secretary shall recapture,
                from amounts provided under the annual contributions
                contract for a public housing agency for a calendar
                year, all amounts allocated under paragraph (2) that
                are unused by the agency at the end of each calendar
                year.
                    ``(B) Reallocation.--Not later than May 1 of each
                calendar year, the Secretary shall--
                            ``(i) calculate the aggregate unused
                        amounts for the preceding year recaptured
                        pursuant to subparagraph (A);
                            ``(ii) set aside and make available such
                        amounts as the Secretary considers appropriate
                        to reimburse public housing agencies for
                        increased costs related to portability and
                        family self-sufficiency activities during such
                        year; and
                            ``(iii) reallocate all remaining amounts
                        among public housing agencies that, in the
                        preceding year, used at least 99 percent of
                        amounts allocated under paragraph (2) for the
                        agency and leased fewer than the number of
                        vouchers authorized for the agency; except that
                        the Secretary may establish priority for
                        allocation of such amounts to public housing
                        agencies that leased fewer vouchers in such
                        preceding year than in the 12-month period
                        ending April 1, 2004.
                    ``(C) Use.--Amounts reallocated to a public housing
                agency pursuant to subparagraph (B)(iii) may be used
                only to increase voucher leasing rates to the level
                authorized for the agency.''.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Human Cloning Prohibition Act of
1998''.

SEC. 2. FINDING.

    Congress finds that in order to prevent the creation of a cloned
human individual through human somatic cell nuclear transfer
technology, it is right and proper to prohibit the creation of cloned
human embryos that would never have the opportunity for implantation
and that would therefore be created solely for research that would
ultimately lead to their destruction.

SEC. 3. PROHIBITION ON CLONING.

    (a) In General.--Title 18, United States Code, is amended by
inserting after chapter 15, the following:

                         ``CHAPTER 16--CLONING

        ``Sec.
        ``301. Prohibition on cloning.
``Sec. 301 Prohibition on cloning
    ``(a) In General.--It shall be unlawful for any person or entity,
public or private, in or affecting interstate commerce, to use human
somatic cell nuclear transfer technology.
    ``(b) Importation.--It shall be unlawful for any person or entity,
public or private, to import an embryo produced through human somatic
cell nuclear transfer technology.
    ``(c) Penalties.--
            ``(1) In general.--Any person or entity who is convicted of
        violating any provision of this section shall be fined
        according to the provisions of this title or sentenced to up to
        10 years in prison, or both.
            ``(2) Civil penalty.--Any person or entity who is convicted
        of violating any provision of this section shall be subject to,
        in the case of a violation that involves the derivation of a
        pecuniary gain, a civil penalty of not more than an amount
        equal to the amount of the gross gain multiplied by 2.
    ``(d) Definition.--The term `human somatic cell nuclear transfer
technology' means taking the nuclear material of a human somatic cell
and incorporating it into an oocyte from which the nucleus has been
removed or rendered inert and producing an embryo (including a
preimplantation embryo).''.
    (b) Clerical Amendment.--The table of chapters for part I of title
18, United States Code, is amended by inserting after the item relating
to chapter 15, the following:

``16. Cloning Sec. 301''....................................

SEC. 4. COMMISSION TO PROMOTE A NATIONAL DIALOGUE ON BIOETHICS.

    (a) Establishment.--There is established within the Institute of
Medicine a commission to be known as the National Commission to Promote
a National Dialogue on Bioethics (referred to in this section as the
``Commission'').
    (b) Membership.--
            (1) Number and appointment.--The Commission shall be
        composed of 25 members, of whom--
                    (A) 6 shall be appointed by the Majority Leader of
                the Senate;
                    (B) 6 shall be appointed by the Minority Leader of
                the Senate;
                    (C) 6 shall be appointed by the Speaker of the
                House of Representatives; and
                    (D) 6 shall be appointed by the Minority Leader of
                the House of Representatives; and
                    (E) 1, who shall serve as the Chairperson of the
                Commission, to be appointed jointly by the Majority
                Leader of the Senate, and the Speaker of the House of
                Representatives, in consultation with the Minority
                Leader of the Senate and the Minority Leader of the
                House of Representatives.
            (2) Requirements.--Each individual described in
        subparagraph (A) through (D) of paragraph (1) shall ensure that
        members appointed to the Commission are representative of the
        fields of law, theology, philosophy or ethics, medicine,
        science, and society.
            (3) Deadline for appointment.--Members of the Commission
        shall be appointed by not later than December 1, 1998.
            (4) Terms of appointment.--A member of the Commission
        appointed under paragraph (1) shall serve for a term of 3
        years. Members may not serve consecutive terms.
            (5) Meetings.--The Commission shall meet at the call of its
        Chairperson or a majority of its members.
            (6) Quorum.--A quorum shall consist of 13 members of the
        Commission.
            (7) Vacancies.--A vacancy on the Commission shall be filled
        in the same manner in which the original appointment was made
        not later than 30 days after the Commission is given notice of
        the vacancy and shall not affect the power of the remaining
        members to execute the duties of the Commission.
            (8) Compensation.--Members of the Commission shall receive
        no additional pay, allowances, or benefits by reason of their
        service on the Commission.
            (9) Expenses.--Each member of the Commission shall receive
        travel expenses and per diem in lieu of subsistence in
        accordance with sections 5702 and 5703 of title 5, United
        States Code.
    (c) Duties of the Commission.--The Commission shall provide an
independent forum for broad public participation and discourse
concerning important bioethical issues including cloning, and provide
for a report to Congress concerning the findings, conclusions, and
recommendations of the Commission concerning Federal policy and
possible Congressional action.
    (d) Staff and Support Services.--
            (1) Staff.--With the approval of the Commission, the
        chairperson of the Commission may appoint such personnel as the
        chairperson considers appropriate.
            (2) Applicability of civil service laws.--The staff of the
        Commission shall be appointed without regard to the provisions
        of title 5, United States Code, governing appointments in the
        competitive service, and shall be paid without regard to the
        provisions of chapter 51 and subchapter III of chapter 53 of
        such title (relating to classification and General Schedule pay
        rates).
            (3) Experts and consultants.--With the approval of the
        Commission, the chairperson may procure temporary and
        intermittent services under section 3109(b) of title 5, United
        States Code.
            (4) Physical facilities.--The Administrator of the General
        Services Administration shall locate suitable office space for
        the operation of the Commission. The facilities shall serve as
        the headquarters of the Commission and shall include all
        necessary equipment and incidentals required for the proper
        functioning of the Commission.
    (e) Powers of Commission.--
            (1) Hearings and other activities.--For the purpose of
        carrying out its duties, the Commission may hold such public
        hearings and undertake such other activities as the Commission
        determines to be necessary to carry out its duties.
            (2) Detail of federal employees.--Upon the request of the
        Commission, the head of any Federal agency is authorized to
        detail, without reimbursement, any of the personnel of such
        agency to the Commission to assist the Commission in carrying
        out its duties. Any such detail shall not interrupt or
        otherwise affect the civil service status or privileges of the
        Federal employee.
            (3) Technical assistance.--Upon the request of the
        Commission, the head of a Federal agency shall provide such
        technical assistance to the Commission as the Commission
        determines to be necessary to carry out its duties.
            (4) Use of mails.--The Commission may use the United States
        mails in the same manner and under the same conditions as
        Federal agencies and shall, for purposes of the frank, be
        considered a commission of Congress as described in section
        3215 of title 39, United States Code.
            (5) Obtaining information.--The Commission may secure
        directly from any Federal agency information necessary to
        enable it to carry out its duties, if the information may be
        disclosed under section 552 of title 5, United States Code.
        Upon request of the Chairperson of the Commission, the head of
        such agency shall furnish such information to the Commission.
            (6) Administrative support services.--Upon the request of
        the Commission, the Administrator of General Services shall
        provide to the Commission on a reimbursable basis such
        administrative support services as the Commission may request.
            (7) Printing.--For purposes of costs relating to printing
        and binding, including the cost of personnel detailed from the
        Government Printing Office, the Commission shall be deemed to
        be a committee of the Congress.
    (f) Subcommittees.--
            (1) In general.--The Commission shall establish 6
        subcommittees, including--
                    (A) a subcommittee on legal issues;
                    (B) a subcommittee on theological issues;
                    (C) a subcommittee on philosophical and ethical
                issues;
                    (D) a subcommittee on medical issues;
                    (E) a subcommittee on scientific issues; and
                    (F) a subcommittee on social issues.
            (2) Membership.--With respect to the issues for which each
        subcommittee has been established, each subcommittee shall be
        composed of--
                    (A) 1 expert to be appointed by the members of the
                Committee who were appointed under subparagraphs (A)
                and (C) of subsection (b)(1);
                    (B) 1 expert to be appointed by the members of the
                Committee who were appointed under subparagraphs (B)
                and (D) of subsection (b)(1);
                    (C) 1 individual operating in the private sector
                who is acquainted with the issues but who is not an
                expert to be appointed by the members of the Committee
                who were appointed under subparagraphs (A) and (C) of
                subsection (b)(1);
                    (D) 1 individual operating in the private sector
                who is acquainted with the issues but who is not an
                expert to be appointed by the members of the Committee
                who were appointed under subparagraphs (B) and (D) of
                subsection (b)(1); and
                    (E) 4 members of the Commission with relevant
                expertise.
            (3) Meetings.--Meetings of the subcommittees shall be
        approved by the Commission.
    (g) Report.--Not later than December 31, 1999, and annually
thereafter, the Commission shall prepare and submit to the appropriate
committees of Congress a report which shall contain a detailed
statement of the recommendations, findings, and conclusions of the
Commission.
    (h) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section.

SEC. 5. UNRESTRICTED SCIENTIFIC RESEARCH.

    Nothing in this Act (or an amendment made by this Act) shall be
construed to restrict areas of scientific research that are not
specifically prohibited by this Act (or amendments).

SEC. 6. SENSE OF CONGRESS.

    It is the sense of Congress that the Federal Government should
advocate for and join an international effort to prohibit the use of
human somatic cell nuclear transfer technology to produce a human
embryo.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Immigration Backlog Reduction Act of
2011''.

SEC. 2. EXPEDITED REMOVAL OF INADMISSIBLE ARRIVING ALIENS.

    Section 235(b)(1)(A) of the Immigration and Nationality Act (8
U.S.C. 1225(b)(1)(A)) is amended by striking clauses (i) through (iii)
and inserting the following:
                            ``(i) In general.--If an immigration
                        officer determines that an alien (other than an
                        alien described in subparagraph (F)) who is
                        arriving in the United States, or who has not
                        been admitted or paroled into the United States
                        and has not been physically present in the
                        United States continuously for the 4-year
                        period immediately prior to the date of the
                        determination of inadmissibility under this
                        paragraph, is inadmissible under section
                        212(a)(6)(C) or 212(a)(7), the officer shall
                        order the alien removed from the United States
                        without further hearing or review, unless--
                                    ``(I) the alien has been charged
                                with a crime;
                                    ``(II) the Secretary determines
                                that the alien presents a significant
                                risk to national security; or
                                    ``(III) the alien indicates an
                                intention to apply for asylum under
                                section 208 or a credible fear of
                                persecution and the officer determines
                                that the alien has been physically
                                present in the United States for less
                                than 1 year.
                            ``(ii) Claims for asylum.--If an
                        immigration officer determines that an alien
                        (other than an alien described in subparagraph
                        (F)) who is arriving in the United States, or
                        who has not been admitted or paroled into the
                        United States and has not been physically
                        present in the United States continuously for
                        the 4-year period immediately prior to the date
                        of the determination of inadmissibility under
                        this paragraph, is inadmissible under section
                        212(a)(6)(C) or 212(a)(7), and the alien
                        indicates either an intention to apply for
                        asylum under section 208 or a credible fear of
                        persecution, the officer shall refer the alien
                        for an interview by an asylum officer under
                        subparagraph (B) if the officer determines that
                        the alien has been physically present in the
                        United States for less than 1 year.''.

SEC. 3. EXPEDITED REMOVAL OF CRIMINAL ALIENS.

    (a) In General.--Section 238 of the Immigration and Nationality Act
(8 U.S.C. 1228) is amended--
            (1) by amending the section heading to read as follows:
        ``expedited removal of criminal aliens'';
            (2) in subsection (a), by amending the subsection heading
        to read as follows: ``Expedited Removal From Correctional
        Facilities'';
            (3) in subsection (b), by amending the subsection heading
        to read as follows: ``Removal of Criminal Aliens'';
            (4) in subsection (b), by striking paragraphs (1) and (2)
        and inserting the following:
            ``(1) The Secretary of Homeland Security may, in the case
        of an alien described in paragraph (2), determine the
        deportability of such alien and issue an order of removal
        pursuant to the procedures set forth in this subsection or
        section 240.
            ``(2) An alien is described in this paragraph if the alien,
        whether or not admitted into the United States--
                    ``(A) was convicted of any criminal offense
                described in subparagraph (A)(iii), (C), or (D) of
                section 237(a)(2); and
                    ``(B) at the time of the commission of the offense
                of which that alien was convicted, that alien was--
                            ``(i) not lawfully admitted for permanent
                        residence; or
                            ``(ii) had permanent resident status on a
                        conditional basis (as described in section
                        216).'';
            (5) in the first subsection (c) (relating to presumption of
        deportability), by striking ``convicted of an aggravated
        felony'' and inserting ``described in paragraph (b)(2)''; and
            (6) by redesignating the second subsection (c) (relating to
        judicial removal) as subsection (d).
    (b) Limit on Injunctive Relief.--Section 242(f)(2) of such Act (8
U.S.C. 1252(f)(2)) is amended by inserting ``or stay, whether
temporarily or otherwise,'' after ``enjoin''.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Improved Consumer Access to Travel
Information Act''.

SEC. 2. NATIONAL COMMISSION TO ENSURE CONSUMER INFORMATION AND CHOICE
              IN THE AIRLINE INDUSTRY.

    (a) Findings.--The Congress finds the following:
            (1) The continued success of a deregulated airline system
        requires that consumers have full access to complete
        information concerning airline fares, routes, and other
        services.
            (2) The means of distributing information about the
        products and services of the airline industry are changing;
        during the past four years, airlines have begun selling a
        larger percentage of their products and services directly to
        consumers, and Internet businesses are now offering services
        that allow consumers to compare prices for these products and
        services.
            (3) Airline policies with respect to travel agencies, who
        historically have sold a majority of the airline industry's
        products and services, threaten the ability of consumers to
        gather the information necessary to evaluate market prices,
        routes, and services.
            (4) Further reductions in the number of travel agents and
        greater marketplace reliance on direct airline sales may result
        in a marketplace in which consumers lack sufficient information
        and are thereby forced to pay higher prices.
    (b) Establishment.--There is established a commission to be known
as the ``National Commission to Ensure Consumer Information and Choice
in the Airline Industry'' (hereinafter in this section referred to as
the ``Commission'').
    (c) Duties.--
            (1) Study.--The Commission shall undertake a study of--
                    (A) consumer access to information about the
                products and services of the airline industry;
                    (B) the effect on the marketplace of the emergence
                of new means of distributing such products and
                services;
                    (C) the effect on consumers of the declining
                financial condition of travel agents in the United
                States; and
                    (D) the impediments imposed by the airline industry
                on distributors of the industry's products and
                services, including travel agents and Internet-based
                distributors.
            (2) Policy recommendations.--Based on the results of the
        study described in paragraph (1), the Commission shall
        recommend to the President and Congress policies necessary--
                    (A) to ensure full consumer access to complete
                information concerning airline fares, routes, and other
                services;
                    (B) to ensure that the means of distributing the
                products and services of the airline industry, and of
                disseminating information about such products and
                services, is adequate to ensure that competitive
                information is available in the marketplace;
                    (C) to ensure that distributors of the products and
                services of the airline industry have adequate relief
                from illegal, anticompetitive practices that occur in
                the marketplace; and
                    (D) to foster healthy competition in the airline
                industry and the entry of new entrants.
    (d) Specific Matters To Be Addressed.--In carrying out the study
authorized under subsection (c)(1), the Commission shall specifically
address the following:
            (1) Consumer access to information.--With respect to
        consumer access to information regarding the services and
        products offered by the airline industry:
                    (A) The state of such access.
                    (B) The effect in the next 5 years of the making of
                alliances in the airline industry.
                    (C) Whether and to what degree the trends regarding
                such access will produce benefits to consumers.
            (2) Means of distribution.--With respect to the means of
        distributing the products and services of the airline industry:
                    (A) The state of such means of distribution.
                    (B) The roles played by travel agencies and
                Internet-based providers of travel information and
                services in distributing such products and services.
                    (C) Whether the policies of the United States
                promote the access of consumers to multiple means of
                distribution.
            (3) Airline reservation systems.--With respect to airline
        reservation systems:
                    (A) The rules, regulations, policies, and practices
                of the industry governing such systems.
                    (B) How trends in such systems will affect
                consumers, including--
                            (i) the effect on consumer access to flight
                        reservation information; and
                            (ii) the effect on consumers of the use by
                        the airline industry of penalties and
                        promotions to convince distributors to use such
                        systems, and the degree of consumer awareness
                        of such penalties and promotions.
            (4) Legal impediments to distributors seeking relief for
        anticompetitive actions.--The policies of the United States
        with respect to the legal impediments to distributors seeking
        relief for anticompetitive actions, including--
                    (A) Federal preemption of civil actions against
                airlines; and
                    (B) the role of the Department of Transportation in
                enforcing rules against anticompetitive practices.
    (e) Membership.--
            (1) Appointment.--The Commission shall be composed of 15
        voting members and 11 nonvoting members as follows:
                    (A) 5 voting members and 1 nonvoting member
                appointed by the President.
                    (B) 3 voting members and 3 nonvoting members
                appointed by the Speaker of the House of
                Representatives.
                    (C) 2 voting members and 2 nonvoting members
                appointed by the minority leader of the House of
                Representatives.
                    (D) 3 voting members and 3 nonvoting members
                appointed by the majority leader of the Senate.
                    (E) 2 voting members and 2 nonvoting members
                appointed by the minority leader of the Senate
            (2) Qualifications.--Voting members appointed pursuant to
        paragraph (1) shall be appointed from among individuals who are
        experts in economics, service product distribution, or
        transportation, or any related discipline, and who can
        represent consumers, passengers, shippers, travel agents,
        airlines, or general aviation.
            (3) Terms.--Members shall be appointed for the life of the
        Commission.
            (4) Vacancies.--A vacancy in the Commission shall be filled
        in the manner in which the original appointment was made.
            (5) Travel expenses.--Members shall serve without pay but
        shall receive travel expenses, including per diem in lieu of
        subsistence, in accordance with subchapter I of chapter 57 of
        title 5, United States Code.
            (6) Chairman.--The President, in consultation with the
        Speaker of the House of Representatives and the majority leader
        of the Senate, shall designate the Chairman of the Commission
        from among its voting members.
    (f) Commission Panels.--The Chairman shall establish such panels
consisting of voting members of the Commission as the Chairman
determines appropriate to carry out the functions of the Commission.
    (g) Staff.--The Commission may appoint and fix the pay of such
personnel as it considers appropriate.
    (h) Staff of Federal Agencies.--Upon request of the Commission, the
head of any department or agency of the United States may detail, on a
reimbursable basis, any of the personnel of that department or agency
to the Commission to assist it in carrying out its duties under this
section.
    (i) Other Staff and Support.--Upon the request of the Commission,
or a panel of the Commission, the Secretary of Transportation shall
provide the Commission or panel with professional and administrative
staff and other support, on a reimbursable basis, to assist the
Commission or panel in carrying out its responsibilities.
    (j) Obtaining Official Data.--The Commission may secure directly
from any department or agency of the United States information (other
than information required by any statute of the United States to be
kept confidential by such department or agency) necessary for the
Commission to carry out its duties under this section. Upon request of
the Commission, the head of that department or agency shall furnish
such nonconfidential information to the Commission.
    (k) Report.--Not later than 6 months after the date on which
initial appointments of members to the Commission are completed, the
Commission shall transmit to the President and Congress a report on the
activities of the Commission, including recommendations made by the
Commission under subsection (c)(2).
    (l) Termination.--The Commission shall terminate on the 30th day
following the date of transmittal of the report under subsection (k).
All records and papers of the Commission shall thereupon be delivered
by the Administrator of General Services for deposit in the National
Archives.
    (m) Applicability of the Federal Advisory Committee Act.--The
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the
Commission.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Improving Medical Device Innovation
Act''.

SEC. 2. RECOGNITION OF STANDARDS.

    (a) In General.--Section 514(c) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 360d(c)) is amended--
            (1) in paragraph (1), by inserting after subparagraph (B)
        the following new subparagraphs:
                    ``(C)(i) Any person may submit a request for
                recognition under subparagraph (A) of all or part of an
                appropriate standard established by a nationally or
                internationally recognized standard organization.
                    ``(ii) Not later than 60 calendar days after the
                Secretary receives such a request, the Secretary
                shall--
                            ``(I) make a determination to recognize
                        all, part, or none of the standard that is the
                        subject of the request; and
                            ``(II) issue to the person who submitted
                        such request a response in writing that states
                        the Secretary's rationale for that
                        determination, including the scientific,
                        technical, regulatory, or other basis for such
                        determination.
                    ``(iii) The Secretary shall take such actions as
                may be necessary to implement all or part of a standard
                recognized under subclause (I) of clause (ii), in
                accordance with subparagraph (A).
                    ``(D) The Secretary shall make publicly available,
                in such manner as the Secretary determines appropriate,
                the rationale for recognition of all, part, or none of
                a standard, including the scientific, technical,
                regulatory, or other basis for the decision regarding
                such recognition.''; and
            (2) by adding at the end the following:
            ``(4) Training on use of standards.--The Secretary shall
        provide to all employees of the Food and Drug Administration
        who review premarket submissions for devices periodic training
        on the concept and use of recognized standards for purposes of
        meeting a premarket submission requirement or other applicable
        requirement under this Act, including standards relevant to an
        employee's area of device review.''.
    (b) Guidance.--The Secretary of Health and Human Services, acting
through the Commissioner of Food and Drugs, shall review and update, if
necessary, previously published guidance and standard operating
procedures identifying the principles for recognizing standards, and
for withdrawing the recognition of standards, under section 514(c) of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360d(c)), taking
into account the experience with and reliance on a standard by foreign
regulatory authorities and the device industry, and whether recognition
of a standard will promote harmonization among regulatory authorities
in the regulation of devices.

SEC. 3. CERTAIN CLASS I AND CLASS II DEVICES.

    (a) Class I Devices.--Section 510(l) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 360(l)) is amended--
            (1) by striking ``A report under subsection (k)'' and
        inserting ``(1) A report under subsection (k)''; and
            (2) by adding at the end the following new paragraph:
            ``(2) Not later than 120 calendar days after the date of
        enactment of the Improving Medical Device Innovation Act and at
        least once every 5 years thereafter, as the Secretary
        determines appropriate, the Secretary shall identify, through
        publication in the Federal Register, any type of class I device
        that the Secretary determines no longer requires a report under
        subsection (k) to provide reasonable assurance of safety and
        effectiveness. Upon such publication--
                    ``(A) each type of class I device so identified
                shall be exempt from the requirement for a report under
                subsection (k); and
                    ``(B) the classification regulation applicable to
                each such type of device shall be deemed amended to
                incorporate such exemption.''.
    (b) Class II Devices.--Section 510(m) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 360(m)) is amended--
            (1) by striking paragraph (1) and inserting the following
        new paragraph:
            ``(1) The Secretary shall--
                    ``(A) not later than 90 days after the date of
                enactment of the Improving Medical Device Innovation
                Act and at least once every 5 years thereafter, as the
                Secretary determines appropriate--
                            ``(i) publish in the Federal Register a
                        notice that contains a list of each type of
                        class II device that the Secretary determines
                        no longer requires a report under subsection
                        (k) to provide reasonable assurance of safety
                        and effectiveness; and
                            ``(ii) provide for a period of not less
                        than 60 calendar days for public comment
                        beginning on the date of the publication of
                        such notice; and
                    ``(B) not later than 210 calendar days after the
                date of enactment of the Improving Medical Device
                Innovation Act, publish in the Federal Register a list
                representing the Secretary's final determination with
                respect to the devices contained in the list published
                under subparagraph (A).''; and
            (2) in paragraph (2)--
                    (A) by striking ``1 day after the date of
                publication of a list under this subsection,'' and
                inserting ``1 calendar day after the date of
                publication of the final list under paragraph
                (1)(B),''; and
                    (B) by striking ``30-day period'' and inserting
                ``60-calendar-day period''; and
                    (C) by adding at the end the following new
                paragraph:
            ``(3) Upon the publication of the final list under
        paragraph (1)(B)--
                    ``(A) each type of class II device so listed shall
                be exempt from the requirement for a report under
                subsection (k); and
                    ``(B) the classification regulation applicable to
                each such type of device shall be deemed amended to
                incorporate such exemption.''.

SEC. 4. CLASSIFICATION PANELS.

    (a) Classification Panels.--Paragraph (5) of section 513(b) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360c(b)) is amended--
            (1) by striking ``(5)'' and inserting ``(5)(A)''; and
            (2) by adding at the end the following:
                    ``(B) When a device is specifically the subject of
                review by a classification panel, the Secretary shall--
                            ``(i) ensure that adequate expertise is
                        represented on the classification panel to
                        assess--
                                    ``(I) the disease or condition
                                which the device is intended to cure,
                                treat, mitigate, prevent, or diagnose;
                                and
                                    ``(II) the technology of the
                                device; and
                            ``(ii) provide an opportunity for the
                        person whose device is specifically the subject
                        of panel review to provide recommendations on
                        the expertise needed among the voting members
                        of the panel.
                    ``(C) For purposes of subparagraph (B)(i), the term
                `adequate expertise' means that the membership of the
                classification panel includes--
                            ``(i) two or more voting members, with a
                        specialty or other expertise clinically
                        relevant to the device under review; and
                            ``(ii) at least one voting member who is
                        knowledgeable about the technology of the
                        device.
                    ``(D) The Secretary shall provide an annual
                opportunity for patients, representatives of patients,
                and sponsors of medical device submissions to provide
                recommendations for individuals with appropriate
                expertise to fill voting member positions on
                classification panels.''.
    (b) Panel Review Process.--Section 513(b)(6) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 360c(b)(6)) is amended--
            (1) in subparagraph (A)(iii), by inserting before the
        period at the end ``, including by designating a representative
        who will be provided a time during the panel meeting to address
        the panel individually (or accompanied by experts selected by
        such representative) for the purpose of correcting
        misstatements of fact or providing clarifying information,
        subject to the discretion of the panel chairperson''; and
            (2) by striking subparagraph (B) and inserting the
        following new subparagraph:
                    ``(B)(i) Any meeting of a classification panel with
                respect to the review of a device shall--
                            ``(I) provide adequate time for initial
                        presentations by the person whose device is
                        specifically the subject of such review and by
                        the Secretary; and
                            ``(II) provide adequate time for and
                        encourage free and open participation by all
                        interested persons.
                    ``(ii) Following the initial presentations
                described in clause (i), the panel may--
                            ``(I) pose questions to the designated
                        representative described in subparagraph
                        (A)(iii); and
                            ``(II) consider the responses to such
                        questions in the panel's review of the
                        device.''.

SEC. 5. POSTMARKET PILOT TO IMPROVE MEDICAL DEVICE REPORTING.

    (a) Pilot Projects.--
            (1) In general.--In order to improve the value and
        efficiency of reporting so as to advance the objectives of
        section 519(a) of the Federal Food, Drug, and Cosmetic Act (21
        U.S.C. 360i(a)), within one year of the date of enactment of
        this Act, the Secretary of Health and Human Services shall
        establish one or more pilot projects, in coordination with
        device manufacturers, to explore and evaluate the use of
        alternative methods of compliance with such subsection for
        manufacturers of devices described in section 513(a)(1)(C) of
        the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
        360c(a)(1)(C)).
            (2) Voluntary participation.--Participation in such pilot
        projects shall be voluntary for device manufacturers. The
        Secretary may establish the conditions for such voluntary
        participation and may establish a process for authorizing
        participation.
            (3) Purposes.--The pilot projects established under
        paragraph (1) shall be designed to--
                    (A) test methods of reporting for one or more
                device types, with priority given to devices for which
                device manufacturers submit a relatively high volume of
                reports under the regulations implementing section
                519(a) of the Federal Food, Drug, and Cosmetic Act (21
                U.S.C. 360i(a));
                    (B) evaluate forms of data monitoring and reporting
                that improve the usability of report data by focusing
                on events and information that are most relevant to
                reasonably assuring the safety and effectiveness of the
                device;
                    (C) identify methods of reporting that will be
                least burdensome for device manufacturers; and
                    (D) evaluate methods that are alternative to, and
                do not duplicate, compliance with requirements of part
                803 of title 21, Code of Federal Regulations (or
                successor regulations).
            (4) Notification to congress.--The Secretary of Health and
        Human Services shall notify the Committee on Health, Education,
        Labor, and Pensions of the Senate and the Committee on Energy
        and Commerce of the House of Representatives not later than 18
        months after the date of enactment of this Act of the number of
        manufacturers that have agreed to participate in a pilot
        project under this subsection with the Secretary of Health and
        Human Services.
            (5) Rule of construction.--Nothing in this subsection shall
        limit the authority of the Secretary of Health and Human
        Services to provide for alternative methods of medical device
        reporting under part 803 of title 21, Code of Federal
        Regulations (or successor regulations), including such methods
        described in this subsection.
            (6) Compliance with requirements for records or reports on
        devices.--
                    (A) In general.--A device manufacturer that
                participates in a pilot project under this subsection
                shall be required to comply with all applicable
                provisions of section 519 of the Federal Food, Drug,
                and Cosmetic Act (21 U.S.C. 360i), and implementing
                regulations, except as described in subparagraph (B).
                    (B) Conditional exemption.--The Secretary may
                determine that, for a specified time period to be
                determined by the Secretary, a manufacturer
                participating in a pilot project under this subsection
                is exempt from certain provisions of section 519(a) of
                the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
                360i(a)), and implementing regulations, if such
                manufacturer complies with the conditions set forth in
                a pilot project under this subsection.
    (b) GAO Review.--
            (1) Review of pilot projects.--The Comptroller General of
        the United States shall conduct a review of the pilot projects
        established under subsection (a), and of the reporting system
        under part 803 of title 21, Code of Federal Regulations (or
        successor regulations).
            (2) Report.--Not later than January 31, 2021, the
        Comptroller General of the United States shall submit to
        Congress a report containing the results of the review
        described in paragraph (1). Such report shall analyze the
        value, efficiency, and effectiveness of reporting methods under
        subsections (a) and (b) of section 519 of Federal Food, Drug,
        and Cosmetic Act (21 U.S.C. 360i) and identify any
        recommendations for statutory amendments that would enhance the
        objectives of section 519(a) of such Act.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Increasing Medical Oversight in the
Department of Veterans Affairs Act of 2014''.

SEC. 2. OFFICE OF THE MEDICAL INSPECTOR.

    (a) Establishment.--Subchapter I of chapter 73 of title 38, United
States Code, is amended by adding at the end the following new section:
``Sec. 7310. Office of the Medical Inspector
    ``(a) In General.--There is established in the Department within
the Office of the Under Secretary for Health an office to be known as
the `Office of the Medical Inspector' (in this section referred to as
the `Office').
    ``(b) Head.--(1) The Medical Inspector shall be the head of the
Office.
    ``(2) The Medical Inspector shall be appointed by the Secretary
from among individuals qualified to perform the duties of the position.
    ``(3) The Medical Inspector shall report directly to the Under
Secretary for Health.
    ``(c) Functions.--The functions of the Office shall include the
following:
            ``(1) To review the quality of health care provided to
        veterans--
                    ``(A) by the Department generally; and
                    ``(B) by the Department through contracts with non-
                Department health care providers.
            ``(2) To review offices of the Veterans Health
        Administration that have an impact on the quality of health
        care provided to veterans by the Department and the performance
        of the Department in providing such care.
            ``(3) To review offices and facilities of the Veterans
        Health Administration to ensure that policies and procedures of
        the Department and the Veterans Health Administration are
        applied consistently at all such offices and facilities.
            ``(4) To investigate any systemic issues, as determined by
        the Medical Inspector, that arise within the Veterans Health
        Administration, including the following:
                    ``(A) Improper issuance of credentials and
                privileges to health care providers.
                    ``(B) Impediments to the access of veterans to
                health care from the Department.
                    ``(C) Wait times for appointments by veterans at
                medical facilities of the Department in excess of wait-
                time goals established by the Department.
                    ``(D) Intentional falsification by employees of the
                Department of information or data with respect to wait
                times for such appointments.
            ``(5) To establish temporary investigative teams to carry
        out reviews or investigations described in paragraphs (1), (2),
        (3), and (4) in response to specific incidents or inquiries,
        including the following:
                    ``(A) Investigations of complaints by a veteran, a
                family member of a veteran, or another individual that
                may require a visit to a facility or facilities of the
                Department.
                    ``(B) Assessments to examine potential systemic
                issues within the Veterans Health Administration that
                may require the conduct of surveys, the collection of
                data, and the analysis of databases of the Department.
            ``(6) To recommend policies to promote economy and
        efficiency in the administration of, and to prevent and detect
        criminal activity, waste, abuse, and mismanagement in, programs
        and operations of the Veterans Health Administration.
            ``(7) To carry out any other tasks required of the Office
        by the Secretary or the Under Secretary for Health before, on,
        or after the date of the enactment of this section.
    ``(d) Reports.--(1) Not later than 30 days after the date of the
enactment of this section, and periodically thereafter, the Medical
Inspector shall submit to the Secretary, the Under Secretary for
Health, and Congress reports on any problems or deficiencies
encountered in programs and operations of the Veterans Health
Administration, including any recommendations for corrective actions.
    ``(2) Each report required by paragraph (1) shall be made available
to the public on an Internet website of the Department.
    ``(3) Any other report prepared by the Medical Inspector in
carrying out the functions of the Office under this section shall be--
            ``(A) submitted to Congress; and
            ``(B) made available to the public on an Internet website
        of the Department.
    ``(e) Privacy Matters.--Any medical or other personal information
obtained by the Office shall be protected from disclosure or misuse in
accordance with the laws on privacy applicable to such information.''.
    (b) Clerical Amendment.--The table of sections at the beginning of
chapter 73 of such title is amended by inserting after the item
relating to section 7309 the following new item:

``7310. Office of the Medical Inspector.''.
    (c) Conforming Amendments.--Section 7306(a) of such title is
amended by--
            (1) redesignating paragraph (10) as paragraph (11); and
            (2) inserting after paragraph (9) the following new
        paragraph (10):
            ``(10) The Medical Inspector, who shall be the head of the
        Office of the Medical Inspector under section 7310 of this
        title.''.
    (d) Continuation in Office.--The individual serving as the Medical
Inspector of the Department of Veterans Affairs on the day before the
date of the enactment of this Act may serve as the Medical Inspector of
the Department of Veterans Affairs after that date until the date on
which the Secretary of Veterans Affairs appoints an individual to be
the Medical Inspector pursuant to section 7310(b)(2) of title 38,
United States Code, as added by subsection (a).


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Independent Fannie Mae and Freddie
Mac Investigative Commission Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The United States has suffered tremendously from the
        irresponsible and unchecked growth of the mortgage industry
        which proliferated under the policies of Fannie Mae and Freddie
        Mac.
            (2) The Federal conservatorship of Fannie Mae and Freddie
        Mac may cost the American people a minimum of $200,000,000,000,
        and potentially $2.4 trillion, making it potentially the
        largest financial bailout in our Nation's history.
            (3) The American people, forced to shoulder the financial
        burden of the bailout, deserve to know what went wrong and why.
            (4) Any executive officers and members of the boards of
        directors at Fannie Mae and Freddie Mac who may have exercised
        poor judgment or committed wrongdoing should be held
        accountable for such judgments and actions.
            (5) In June 2003, Freddie Mac disclosed that it had
        misstated its earnings by roughly $5 billion between the years
        2000 and 2002 to smooth the appearance of quarterly volatility
        in earnings and to meet Wall Street expectations.
            (6) In December 2004, the Securities and Exchange
        Commission found that Fannie Mae had violated accounting rules
        and needed to restate its earnings by recording a loss of up to
        $9 billion from 2001 to 2004 based on board policies
        established prior to that period.
            (7) The shareholders of Fannie Mae and Freddie Mac and the
        employees and directors of the boards of these enterprises have
        enjoyed large dividends, bonuses, salaries, and other
        compensation based on policies and practices that may have been
        misguided or fraudulent.
            (8) In 2007, former Freddie Mac Chairman and Chief
        Executive Richard Syron alone received nearly $18,300,000 in
        compensation, despite the fact that the enterprise's stock lost
        half its value.
            (9) Last year, former Fannie Mae President and Chief
        Executive Daniel Mudd received compensation valued at
        $11,600,000.
            (10) Previous investigations of Fannie Mae and Freddie Mac
        have focused on accounting fraud, but there have not been any
        investigations on the policies and decisions that contributed
        to and exacerbated our Nation's housing crisis and financial
        collapse of these corporations.
            (11) According to the Office of Federal Housing Enterprise
        Oversight, regulation allowed Freddie Mac and Fannie Mae to
        overleverage and operate with just $83.2 billion of capital at
        the end of 2007, even though it supported $5.2 trillion of debt
        and guarantees.
            (12) Although the executive officers of Fannie Mae and
        Freddie Mac have come under scrutiny, their boards of directors
        have been held harmless throughout the Nation's housing crisis,
        despite having the authority to create, influence, and vote for
        the policies of such enterprises.
            (13) The involvement of the boards of directors in the
        policies of Fannie Mae and Freddie Mac has been shrouded in
        secrecy, as their policymaking decisions have not been publicly
        disclosed, despite the public protections and benefits their
        enterprises receive.
            (14) There is a need to fully understand what went wrong in
        the management of Fannie Mae and Freddie Mac and the misguided,
        potentially fraudulent board policies and practices that
        ultimately led to the Federal conservatorship of such
        enterprises so that similar mistakes will not be repeated in
        the future.

SEC. 3. ESTABLISHMENT.

    There is established a commission to be known as the ``Independent
Fannie Mae and Freddie Mac Investigative Commission'' (in this Act
referred to as the ``Commission''). The Commission shall function upon
the legislation being signed by the President of the United States and
will conduct its investigations for a period of two years, issuing a
final report upon completion with necessary hearings and assembly of
related records for the period following the savings and loan crisis of
the 1980s to the present.

SEC. 4. DUTIES OF THE COMMISSION.

    The Commission shall investigate, determine, and make
recommendations with respect to the following:
            (1) The policies, practices, and board decisions of Fannie
        Mae and Freddie Mac from the 1990s through the present that led
        to the enterprises' financial instability and the subsequent
        Federal conservatorship of such enterprises.
            (2) Fannie Mae and Freddie Mac's involvement, if any, in
        the creation and proliferation of the securitized mortgage
        instrument, and how such instrument affected the solvency of
        such enterprises.
            (3) The role of the boards of directors of Fannie Mae and
        Freddie Mac in developing the accounting and financial risk
        policies of such enterprises, particularly as they relate to
        subprime mortgages and the international securitization of
        mortgages.
            (4) The actions of each board member or members, executive
        officer or officers, or the board member or members and
        executive officer or officers responsible for making the
        financial decisions to grow such enterprises' portfolios of
        subprime mortgage loans.
            (5) The board member or members, executive officer or
        officers, or the board member or members and executive officer
        or officers responsible for making the decisions that may have
        encouraged the proliferation of the subprime mortgage industry.
            (6) The decisions that contributed to the overvaluation of
        risky mortgage investments in the stock market and to the
        growth of the subprime mortgage industry.
            (7) The annual compensation, stock options, and other
        financial benefits that accrued to each of Fannie Mae and
        Freddie Mac's executive officers and members of their boards of
        directors from 1990 to 2008.
            (8) The board members, if any, who financially benefitted
        from their appointment to either board of directors and/or
        through the decisions of such board.
            (9) The tracking of political contributions to Presidential
        and congressional elections and campaign funds that served to
        influence U.S. housing policy by board members, officers, and
        employees.
            (10) The appropriate role of Fannie Mae and Freddie Mac in
        the U.S. housing market nationwide and regionally.
            (11) Such other matters that the President or the Congress
        may place before the Commission.
            (12) The Commission shall possess full subpoena power and
        authority to hire necessary staff to conduct its affairs.

SEC. 5. MEMBERSHIP.

    (a) Number and Appointment.--The Commission shall be composed of 9
members appointed by the President as follows:
            (1) One member who shall serve as the Chairperson, shall be
        appointed with the advice of the Senate.
            (2) Eight members, not more than four of whom shall be
        members of the same political party, to be appointed based on
        recommendations from the Speaker and the minority leader of the
        House of Representatives, and the majority leader and minority
        leader of the Senate, who shall each submit the names of two
        recommended candidates to the President.
    (b) Terms.--Each member shall be appointed for the life of the
Commission.
    (c) Vacancies.--A vacancy on the Commission shall be filled in the
manner in which the original appointment was made for the remainder of
that term. If there is a vacancy in the Chair of the Commission, the
remaining members of the Commission may choose from among the members
an interim Chairperson to serve until a new Chairperson is appointed.

SEC. 6. COMPENSATION.

    Members of Congress.--Members of the Commission who are Members of
Congress shall not receive additional pay, allowances, or benefits by
reason of their service on the Commission, but, as permitted by law,
may be reimbursed for travel, subsistence, and other necessary expenses
incurred when performing duties of the Commission.

SEC. 7. COMMISSION HIRING ALLOWANCE.

    Such sums as are necessary shall be appropriated to conduct the
activities of the Commission but shall be no less than $5 million
annually. Recovery of any assets fraudulently accruing to members of
the boards of directors shall be returned to the general Treasury to
offset such expenditures.