SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Electronic Device Recycling Research
and Development Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The volume of electronic devices in the United States
        is substantial and will continue to grow. The Environmental
        Protection Agency estimates that over 2 billion computers,
        televisions, wireless devices, printers, gaming systems, and
        other devices have been sold since 1980, generating 2 million
        tons of unwanted electronic devices in 2005 alone.
            (2) Electronic devices can be recycled or refurbished to
        recover and conserve valuable materials, such as gold, copper,
        and platinum. However, according to the Environmental
        Protection Agency, only 15 to 20 percent of electronic devices
        discarded from households reach recyclers.
            (3) The electronic device recycling industry in the United
        States is growing; however, challenges remain for the recycling
        of electronic devices by households and other small generators.
        Collection of such electronic devices is expensive, and
        separation and proper recycling of some of the materials
        recovered, like lead from cathode-ray tube televisions, is
        costly.
            (4) The export of unwanted electronic devices to developing
        countries also presents a serious challenge. The crude methods
        of many of the recycling operations in these countries can
        expose workers to harmful chemicals, jeopardizing their health
        and polluting the environment.
            (5) Some of the challenges to increasing the recyclability
        of electronic devices can be addressed by improving the
        logistics and technology of the collection and recycling
        process, designing electronic devices to avoid the use of
        hazardous materials and to be more easily recycled, and
        encouraging the use of recycled materials in more applications.
            (6) The public currently does not take full advantage of
        existing electronic device recycling opportunities. Studying
        factors that influence behavior and educating consumers about
        responsible electronic device recycling could help communities
        and private industry develop recycling programs that draw more
        participation.
            (7) The development of tools and technologies to increase
        the lifespan of electronic devices and to promote their safe
        reuse would decrease the impact of the production of electronic
        devices on the environment and likely increase the
        recyclability of such devices.
            (8) Accurately assessing the environmental impacts of the
        production of electronic devices and the recycling of such
        devices is a complex task. Data, tools, and methods to better
        quantify these impacts would help policymakers and others
        determine the best end-of-life management options for
        electronic devices.

SEC. 3. ELECTRONIC DEVICE ENGINEERING RESEARCH, DEVELOPMENT, AND
              DEMONSTRATION PROJECTS.

    (a) In General.--The Administrator shall award multiyear grants to
consortia to conduct research to create innovative and practical
approaches to manage the environmental impacts of electronic devices
and, through the conduct of this research, to contribute to the
professional development of scientists, engineers, and technicians in
the fields of electronic device manufacturing, design, refurbishing,
and recycling. The grants awarded under this section shall support
research to--
            (1) increase the efficiency of and improve electronic
        device collection and recycling;
            (2) expand the uses and applications for materials
        recovered from electronic devices;
            (3) develop and demonstrate environmentally friendly
        alternatives to the use of hazardous and potentially hazardous
        materials in electronic devices and the production of such
        devices;
            (4) develop methods to identify, separate, and remove
        hazardous and potentially hazardous materials from electronic
        devices and to reuse, recycle, or dispose of such materials in
        a safe manner;
            (5) reconsider product design and assembly to facilitate
        and improve refurbishment, reuse, and recycling of electronic
        devices, including an emphasis on design for recycling;
            (6) conduct lifecycle analyses of electronic devices,
        including developing tools and methods to assess the
        environmental impacts of the production, use, and end-of-life
        management of electronic devices and electronic device
        components;
            (7) develop product design, tools, and techniques to extend
        the lifecycle of electronic devices, including methods to
        promote their upgrade and safe reuse; and
            (8) identify the social, behavioral, and economic barriers
        to recycling and reuse for electronic devices and develop
        strategies to increase awareness, consumer acceptance, and the
        practice of responsible recycling and reuse for such devices.
    (b) Merit Review; Competition.--Grants shall be awarded under this
section on a merit-reviewed, competitive basis.
    (c) Applications.--A consortium shall submit an application for a
grant under this section to the Administrator at such time, in such
manner, and containing such information and assurances as the
Administrator may require. The application shall include a description
of--
            (1) the research project that will be undertaken by the
        consortium and the contributions of each of the participating
        entities, including the for-profit entity;
            (2) the applicability of the project to reduce impediments
        to electronic device recycling in the electronic device design,
        manufacturing, refurbishing, or recycling industries;
            (3) the potential for and feasibility of incorporating the
        research results into industry practice; and
            (4) how the project will promote collaboration among
        scientists and engineers from different disciplines, such as
        electrical engineering, materials science, and social science.
    (d) Dissemination of Research Results.--Research results shall be
made publicly available through--
            (1) development of best practices or training materials for
        use in the electronic device manufacturing, design,
        refurbishing, or recycling industries;
            (2) dissemination at conferences affiliated with such
        industries;
            (3) publication on the Environmental Protection Agency's
        Web site;
            (4) demonstration projects; or
            (5) educational materials for the public produced in
        conjunction with State governments, local governments, or
        nonprofit organizations on problems and solutions related to
        electronic device recycling and reuse.
    (e) Funding Contribution From For-Profit Member of Consortium.--The
for-profit entity participating in the consortium shall contribute at
least 10 percent of the total research project cost, either directly or
with in-kind contributions.
    (f) Protection of Proprietary Information.--The Administrator--
            (1) shall not disclose any proprietary information or trade
        secrets provided by any person or entity pursuant to this
        section;
            (2) shall ensure that, as a condition of receipt of a grant
        under this section, each member of the consortium has in place
        proper protections to maintain proprietary information or trade
        secrets contributed by other members of the consortium; and
            (3) if any member of the consortium breaches the conditions
        under paragraph (2) or discloses proprietary information or
        trade secrets, may require the return of any funds received
        under this section by such member.
    (g) Biennial Report.--Within 2 years after the date of enactment of
this Act, and every 2 years thereafter, the Administrator shall
transmit a report to Congress that provides--
            (1) a list of the grants awarded under this section;
            (2) the entities participating in each consortium receiving
        a grant;
            (3) a description of the research projects carried out in
        whole or in part with funds made available under such a grant;
            (4) the results of such research projects; and
            (5) a description of the rate and success of the adoption
        or integration of such research results into the manufacturing
        processes, management practices, and products of the
        electronics industry.
    (h) Authorization of Appropriations.--There are authorized to be
appropriated to the Administrator to carry out this section:
            (1) $18,000,000 for fiscal year 2010.
            (2) $20,000,000 for fiscal year 2011.
            (3) $22,000,000 for fiscal year 2012.

SEC. 4. NATIONAL ACADEMY OF SCIENCES REPORT ON ELECTRONIC DEVICE
              RECYCLING.

    (a) In General.--In order to better recognize gaps and
opportunities in the research and training programs established in this
Act, the Administrator shall enter into an arrangement with the
National Academy of Sciences for a report, to be transmitted to
Congress not later than 1 year after the date of enactment of this Act,
on--
            (1) opportunities for and barriers to--
                    (A) increasing the recyclability of electronic
                devices, specifically addressing--
                            (i) recycling or safe disposal of
                        electronic devices and low value materials
                        recovered from such devices;
                            (ii) designing electronic devices to
                        facilitate reuse and recycling; and
                            (iii) the reuse of electronic devices; and
                    (B) making electronic devices safer and more
                environmentally friendly, specifically addressing
                reducing the use of hazardous materials and potentially
                hazardous materials in electronic devices;
            (2) the environmental and human health risks posed by the
        storage, transport, recycling, and disposal of unwanted
        electronic devices;
            (3) the current status of research and training programs to
        promote the environmental design of electronic devices to
        increase the recyclability of such devices; and
            (4) any regulatory or statutory barriers that may prevent
        the adoption or implementation of best management practices or
        technological innovations that may arise from the research and
        training programs established in this Act.
    (b) Recommendations.--The report under subsection (a) shall
identify gaps in the current research and training programs in
addressing the opportunities, barriers, and risks relating to
electronic device recycling, and the report shall recommend areas where
additional research and development resources are needed to reduce the
impact of unwanted electronic devices on the environment.

SEC. 5. ENGINEERING CURRICULUM DEVELOPMENT GRANTS.

    (a) Grant Program.--The Administrator, in consultation with the
Director of the National Science Foundation, shall award grants to
institutions of higher education to develop curricula that incorporates
the principles of environmental design into the development of
electronic devices--
            (1) for the training of electrical, mechanical, industrial,
        manufacturing, materials, and software engineers and other
        students at the undergraduate and graduate level; and
            (2) to support the continuing education of professionals in
        the electronic device manufacturing, design, refurbishing, or
        recycling industries.
    (b) Eligible Entities.--The term ``institution of higher
education'', as such term is used with respect to eligibility to
receive a grant under subsection (a)(2), includes any institution of
higher education under section 101(b) of the Higher Education Act of
1965 (20 U.S.C. 1001(b)).
    (c) Outreach to Minority Serving Institutions.--The Administrator
shall conduct outreach to minority serving institutions for the
purposes of providing information on the grants available under this
section and how to apply for such grants.
    (d) Merit Review; Competition.--Grants shall be awarded under this
section on a merit-reviewed, competitive basis.
    (e) Use of Funds.--Grants awarded under this section shall be used
for activities that enhance the ability of an institution of higher
education to broaden the undergraduate and graduate-level engineering
curriculum or professional continuing education curriculum to include
environmental engineering design principles and consideration of
product lifecycles related to electronic devices and increasing the
recyclability of such devices. Activities may include--
            (1) developing and revising curriculum to include
        multidisciplinary elements;
            (2) creating research and internship opportunities for
        students through partnerships with industry, nonprofit
        organizations, or government agencies;
            (3) creating and establishing certificate programs; and
            (4) developing curricula for short courses and continuing
        education for professionals in the environmental design of
        electronic devices to increase the recyclability of such
        devices.
    (f) Application.--An institution of higher education seeking a
grant under this section shall submit an application to the
Administrator at such time, in such manner, and with such information
and assurances as the Administrator may require.
    (g) Authorization of Appropriations.--There are authorized to be
appropriated to the Administrator to carry out this section:
            (1) $5,000,000 for fiscal year 2010.
            (2) $5,150,000 for fiscal year 2011.
            (3) $5,304,000 for fiscal year 2012.

SEC. 6. ENVIRONMENTALLY FRIENDLY ALTERNATIVE MATERIALS PHYSICAL
              PROPERTY DATABASE.

    (a) In General.--The Director shall establish an initiative to
develop a comprehensive physical property database for environmentally
friendly alternative materials for use in electronic devices.
    (b) Priorities.--The Director, working with the electronic device
design, manufacturing, or recycling industries, shall develop a
strategic plan to establish priorities and the physical property
characterization requirements for the database described in subsection
(a).
    (c) Authorization of Appropriations.--There are authorized to be
appropriated to the Administrator to carry out this section:
            (1) $3,000,000 for fiscal year 2010.
            (2) $3,000,000 for fiscal year 2011.
            (3) $3,000,000 for fiscal year 2012.

SEC. 7. DEFINITIONS.

    For the purposes of this Act:
            (1) Administrator.--The term ``Administrator'' means the
        Administrator of the Environmental Protection Agency.
            (2) Consortium.--The term ``consortium'' means a grant
        applicant or recipient under section 3(a) that includes--
                    (A) at least one institution of higher education,
                nonprofit research institution, or government
                laboratory; and
                    (B) at least one for-profit entity, including a
                manufacturer, designer, refurbisher, or recycler of
                electronic devices or the components of such devices.
            (3) Director.--The term ``Director'' means the Director of
        the National Institute of Standards and Technology.
            (4) Electronic device.--The term ``electronic device'' may
        include computers, computer monitors, televisions, laptops,
        printers, wireless devices, copiers, fax machines, stereos,
        video gaming systems, and the components of such devices.
            (5) Institution of higher education.--The term
        ``institution of higher education'' has the meaning given such
        term in section 101(a) of the Higher Education Act of 1965 (20
        U.S.C. 1001(a)).
            (6) Minority serving institution.--The term ``minority
        serving institution'' means an institution that is an eligible
        institution under section 371(a) of the Higher Education Act of
        1965 (20 U.S.C. 1067q(a)).

            Passed the House of Representatives April 22, 2009.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Elementary and Secondary School
Counseling Improvement Act of 2001''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds that--
            (1) elementary and secondary school children are being
        subjected to unprecedented social stresses, including
        fragmentation of the family, drug and alcohol abuse, violence,
        child abuse, and poverty;
            (2) an increasing number of elementary and secondary school
        children are exhibiting symptoms of distress, such as substance
        abuse, emotional disorders, violent outbursts, disruptive
        behavior, juvenile delinquency, and suicide;
            (3) between 1984 and 1994, the homicide rate for
        adolescents doubled, while the rate of nonfatal violent crimes
        committed by adolescents increased by almost 20 percent;
            (4) according to the National Institute of Mental Health,
        up to one in five children and youth have psychological
        problems severe enough to require some form of professional
        help, yet only 20 percent of youth with mental disorders or
        their families receive help;
            (5) the Institute of Medicine has identified psychological
        counseling as the most serious school health need for the
        normal development of our Nation's children and youth;
            (6) school counselors, school psychologists, and school
        social workers can contribute to the personal growth,
        educational development, and emotional well-being of elementary
        and secondary school children by providing professional
        counseling, intervention, and referral services;
            (7) the implementation of well designed school counseling
        programs has been shown to increase students' academic success;
            (8) the national average student-to-counselor ratio in
        elementary and secondary schools is 531 to 1, and the average
        student-to-psychologist ratio is 2300 to 1;
            (9) it is recommended that to effectively address students'
        mental health and development needs, schools have 1 full-time
        counselor for every 250 students, 1 psychologist for every
        1,000 students, and 1 school social worker for every 800
        students;
            (10) the population of elementary and secondary school
        students in the United States is expected to increase
        dramatically during the 5 to 10 years beginning with 1999;
            (11) the Federal Government can help reduce the risk of
        academic, social, and emotional problems among elementary and
        secondary school children by stimulating the development of
        model school counseling programs; and
            (12) the Federal Government can help reduce the risk of
        future unemployment and assist the school-to-work transition by
        stimulating the development of model school counseling programs
        that include comprehensive career development.
    (b) Purpose.--It is the purpose of this Act to enhance the
availability and quality of counseling services for elementary and
secondary school children by providing grants to local educational
agencies to enable such agencies to establish or expand effective and
innovative counseling programs that can serve as national models.

SEC. 3. SCHOOL COUNSELING.

    Title IV of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7101 et seq.) is amended--
            (1) in section 4004 (20 U.S.C. 7104)--
                    (A) in paragraph (1), by striking ``and'' at the
                end;
                    (B) in paragraph (2), by striking the period and
                inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(3) $100,000,000 for fiscal year 2002, and such sums as
        may be necessary for each of the 4 succeeding fiscal years, for
        grants under section 4124.''; and
            (2) by adding at the end of subpart 2 of part A, the
        following:

``SEC. 4124. ELEMENTARY SCHOOL AND SECONDARY SCHOOL COUNSELING
              DEMONSTRATION.

    ``(a) Counseling Demonstration.--
            ``(1) In general.--The Secretary may award grants under
        this section to local educational agencies to enable the local
        educational agencies to establish or expand elementary school
        and secondary school counseling programs.
            ``(2) Priority.--In awarding grants under this section, the
        Secretary shall give special consideration to applications
        describing programs that--
                    ``(A) demonstrate the greatest need for new or
                additional counseling services among the children in
                the schools served by the applicant;
                    ``(B) propose the most promising and innovative
                approaches for initiating or expanding school
                counseling; and
                    ``(C) show the greatest potential for replication
                and dissemination.
            ``(3) Equitable distribution.--In awarding grants under
        this section, the Secretary shall ensure an equitable
        geographic distribution among the regions of the United States
        and among urban, suburban, and rural areas.
            ``(4) Duration.--A grant under this section shall be
        awarded for a period not to exceed three years.
            ``(5) Maximum grant.--A grant under this section shall not
        exceed $400,000 for any fiscal year.
    ``(b) Applications.--
            ``(1) In general.--Each local educational agency desiring a
        grant under this section shall submit an application to the
        Secretary at such time, in such manner, and accompanied by such
        information as the Secretary may reasonably require.
            ``(2) Contents.--Each application for a grant under this
        section shall--
                    ``(A) describe the school population to be targeted
                by the program, the particular personal, social,
                emotional, educational, and career development needs of
                such population, and the current school counseling
                resources available for meeting such needs;
                    ``(B) describe the activities, services, and
                training to be provided by the program and the specific
                approaches to be used to meet the needs described in
                subparagraph (A);
                    ``(C) describe the methods to be used to evaluate
                the outcomes and effectiveness of the program;
                    ``(D) describe the collaborative efforts to be
                undertaken with institutions of higher education,
                businesses, labor organizations, community groups,
                social service agencies, and other public or private
                entities to enhance the program and promote school-
                linked services integration;
                    ``(E) describe collaborative efforts with
                institutions of higher education which specifically
                seek to enhance or improve graduate programs
                specializing in the preparation of school counselors,
                school psychologists, and school social workers;
                    ``(F) document that the applicant has the personnel
                qualified to develop, implement, and administer the
                program;
                    ``(G) describe how any diverse cultural
                populations, if applicable, would be served through the
                program;
                    ``(H) assure that the funds made available under
                this part for any fiscal year will be used to
                supplement and, to the extent practicable, increase the
                level of funds that would otherwise be available from
                non-Federal sources for the program described in the
                application, and in no case supplant such funds from
                non-Federal sources; and
                    ``(I) assure that the applicant will appoint an
                advisory board composed of parents, school counselors,
                school psychologists, school social workers, other
                pupil services personnel, teachers, school
                administrators, and community leaders to advise the
                local educational agency on the design and
                implementation of the program.
    ``(c) Use of Funds.--
            ``(1) In general.--From amounts made available under
        section 4004(3) to carry out this section, the Secretary shall
        award grants to local education agencies to be used to initiate
        or expand elementary or secondary school counseling programs
        that comply with the requirements of paragraph (2).
            ``(2) Program requirements.--Each program assisted under
        this section shall--
                    ``(A) be comprehensive in addressing the personal,
                social, emotional, and educational needs of all
                students;
                    ``(B) use a developmental, preventive approach to
                counseling;
                    ``(C) increase the range, availability, quantity,
                and quality of counseling services in the schools of
                the local educational agency;
                    ``(D) expand counseling services only through
                qualified school counselors, school psychologists, and
                school social workers;
                    ``(E) use innovative approaches to increase
                children's understanding of peer and family
                relationships, work and self, decisionmaking, or
                academic and career planning, or to improve social
                functioning;
                    ``(F) provide counseling services that are well-
                balanced among classroom group and small group
                counseling, individual counseling, and consultation
                with parents, teachers, administrators, and other pupil
                services personnel;
                    ``(G) include inservice training for school
                counselors, school social workers, school
                psychologists, other pupil services personnel,
                teachers, and instructional staff;
                    ``(H) involve parents of participating students in
                the design, implementation, and evaluation of a
                counseling program;
                    ``(I) involve collaborative efforts with
                institutions of higher education, businesses, labor
                organizations, community groups, social service
                agencies, or other public or private entities to
                enhance the program and promote school-linked services
                integration; and
                    ``(J) evaluate annually the effectiveness and
                outcomes of the counseling services and activities
                assisted under this section.
            ``(3) Report.--The Secretary shall issue a report
        evaluating the programs assisted pursuant to each grant under
        this subsection at the end of each grant period in accordance
        with section 14701.
            ``(4) Dissemination.--The Secretary shall make the programs
        assisted under this section available for dissemination, either
        through the National Diffusion Network or other appropriate
        means.
            ``(5) Limit on administration.--Not more than 5 percent of
        the amounts made available under this section in any fiscal
        year shall be used for administrative costs to carry out this
        section.
    ``(d) Definitions.--For purposes of this section:
            ``(1) School counselor.--The term `school counselor' means
        an individual who has documented competence in counseling
        children and adolescents in a school setting and who--
                    ``(A) possesses State licensure or certification
                granted by an independent professional regulatory
                authority;
                    ``(B) in the absence of such State licensure or
                certification, possesses national certification in
                school counseling or a specialty of counseling granted
                by an independent professional organization; or
                    ``(C) holds a minimum of a master's degree in
                school counseling from a program accredited by the
                Council for Accreditation of Counseling and Related
                Educational Programs or the equivalent.
            ``(2) School psychologist.--The term `school psychologist'
        means an individual who--
                    ``(A) possesses a minimum of 60 graduate semester
                hours in school psychology from an institution of
                higher education and has completed 1,200 clock hours in
                a supervised school psychology internship, of which 600
                hours shall be in the school setting;
                    ``(B) possesses State licensure or certification in
                the State in which the individual works; or
                    ``(C) in the absence of such State licensure or
                certification, possesses national certification by the
                National School Psychology Certification Board.
            ``(3) School social worker.--The term `school social
        worker' means an individual who--
                    ``(A)(i) holds a master's degree in social work
                from a program accredited by the Council on Social Work
                Education; and
                    ``(ii) is licensed or certified by the State in
                which services are provided; or
                    ``(B) in the absence of such licensure or
                certification, possess a national certification or
                credential as a school social work specialist that has
                been awarded by an independent professional
                organization.
            ``(4) Supervisor.--The term `supervisor' means an
        individual who has the equivalent number of years of
        professional experience in such individual's respective
        discipline as is required of teaching experience for the
        supervisor or administrative credential in the State of such
        individual.''.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Emergency Mortgage Loan Modification
Act of 2008''.

SEC. 2. SAFE HARBOR FOR QUALIFIED LOAN MODIFICATIONS OR WORKOUT PLANS
              FOR CERTAIN RESIDENTIAL MORTGAGE LOANS.

    (a) Standard for Loan Modifications or Workout Plans.--Absent
contractual provisions to the contrary--
            (1) the duty to maximize, or to not adversely affect, the
        recovery of total proceeds from pooled residential mortgage
        loans is owed by a servicer of such pooled loans to the
        securitization vehicle for the benefit of all investors and
        holders of beneficial interests in the pooled loans, in the
        aggregate, and not to any individual party or group of parties;
        and
            (2) a servicer of pooled residential mortgage loans shall
        be deemed to be acting on behalf of the securitization vehicle
        in the best interest of all investors and holders of beneficial
        interests in the pooled loans, in the aggregate, if for a loan
        that is in payment default under the loan agreement or for
        which payment default is imminent or reasonably foreseeable,
        the loan servicer makes reasonable and documented efforts to
        implement a modification or workout plan or, if such efforts
        are unsuccessful or such plan would be infeasible, engages in
        other loss mitigation, including accepting a short payment or
        partial discharge of principal, or agreeing to a short sale of
        the property, to the extent that the servicer reasonably
        believes the particular modification or workout plan or other
        mitigation actions will maximize the net present value to be
        realized on the loan, including over that which would be
        realized through foreclosure.
    (b) Safe Harbor.--Absent contractual provisions to the contrary, a
servicer of a residential mortgage loan that acts in a manner
consistent with the duty set forth in subsection (a), shall not be
liable for entering into a qualified loan modification or workout plan,
to--
            (1) any person, based on that person's ownership of a
        residential mortgage loan or any interest in a pool of
        residential mortgage loans or in securities that distribute
        payments out of the principal, interest and other payments in
        loans on the pool;
            (2) any person who is obligated pursuant to a derivatives
        instrument to make payments determined in reference to any loan
        or any interest referred to in paragraph (1); or
            (3) any person that insures any loan or any interest
        referred to in paragraph (1) under any law or regulation of the
        United States or any law or regulation of any State or
        political subdivision of any State.
    (c) Rule of Construction.--No provision of this section shall be
construed as limiting the ability of a servicer to enter into loan
modifications or workout plans other than qualified loan modification
or workout plans.
    (d) Definitions.--For purposes of this section, the following
definitions shall apply:
            (1) Qualified loan modification or workout plan.--The term
        ``qualified loan modification or workout plan'' means a
        modification or plan that--
                    (A) is scheduled to remain in place until the
                borrower sells or refinances the property, or for at
                least 5 years from the date of adoption of the plan,
                whichever is sooner;
                    (B) does not provide for a repayment schedule that
                results in negative amortization at any time; and
                    (C) does not require the borrower to pay additional
                points and fees.
            (2) Negative amortization.--For purposes of paragraph (1),
        the term ``negative amortization'' does not include the
        capitalization of delinquent interest and arrearages.
            (3) Residential mortgage loan defined.--The term
        ``residential mortgage loan'' means a loan that is secured by a
        lien on an owner-occupied residential dwelling.
            (4) Securitization vehicle.--The term ``securitization
        vehicle'' means a trust, corporation, partnership, limited
        liability entity, special purpose entity, or other structure
        that--
                    (A) is the issuer, or is created by the issuer, of
                mortgage pass-through certificates, participation
                certificates, mortgage-backed securities, or other
                similar securities backed by a pool of assets that
                includes residential mortgage loans; and
                    (B) holds such loans.
    (e) Effective Period.--This section shall apply only with respect
to qualified loan modification or workout plans initiated prior to
January 1, 2011.


SECTION 1. ELIGIBILITY OF UNITED STATES NATIONALS FOR ADVANCED TRAINING
              IN THE SENIOR RESERVE OFFICERS' TRAINING CORPS.

    Section 2104(b) of title 10, United States Code, is amended--
            (1) in paragraph (1), by inserting ``or national'' after
        ``citizen'';
            (2) at the end of paragraph (6), by striking ``and'';
            (3) in paragraph (7), by striking the period and inserting
        ``; and''; and
            (4) by adding at the end the following:
            ``(8) if he is a national but not a citizen of the United
        States, agree in writing that he will--
                    ``(A) if he is not a resident of a State (within
                the meaning of chapter 2 of title III of the
                Immigration and Nationality Act; 8 U.S.C. 1421-1459),
                become a resident of a State (within such meaning)
                before commencing the program for advanced training;
                and
                    ``(B) file an application for naturalization within
                60 days after the later of--
                            ``(i) the date that he meets the
                        requirements for naturalization in section
                        316(a)(1) of the Immigration and Nationality
                        Act (8 U.S.C. 1436); or
                            ``(ii) the date that he is accepted into
                        the program for advanced training.''.

SEC. 2. ELIGIBILITY OF UNITED STATES NATIONALS FOR FINANCIAL ASSISTANCE
              AS MEMBERS OF THE SENIOR RESERVE OFFICERS' TRAINING
              CORPS.

    (a) General Financial Assistance Program.--Section 2107(b) of title
10, United States Code, is amended--
            (1) in paragraph (1), by inserting ``or national'' after
        ``citizen'';
            (2) at the end of paragraph (4), by striking ``and'';
            (3) in paragraph (5), by striking the period and inserting
        ``; and''; and
            (4) by adding at the end the following:
            ``(6) if he is a national but not a citizen of the United
        States, agree in writing that he will--
                    ``(A) if he is not a resident of a State (within
                the meaning of chapter 2 of title III of the
                Immigration and Nationality Act; 8 U.S.C. 1421-1459)
                become a resident of a State (within such meaning)
                before commencing the financial assistance program; and
                    ``(B) file an application for naturalization within
                60 days after the later of--
                            ``(i) the date that he meets the
                        requirements for naturalization in section
                        316(a)(1) of the Immigration and Nationality
                        Act (8 U.S.C. 1436); or
                            ``(ii) the date that he is accepted into
                        the financial assistance program.''.
    (b) Army Reserve and Army National Guard Financial Assistance
Program.--Section 2107a(b) of title 10, United States Code, is
amended--
            (1) in paragraph (1), by inserting ``or national'' after
        ``citizen'';
            (2) at the end of paragraph (5), by striking ``and'';
            (3) in paragraph (6), by striking the period and inserting
        ``; and''; and
            (4) by adding at the end the following:
            ``(7) if he is a national but not a citizen of the United
        States, agree in writing that he will--
                    ``(A) if he is not a resident of a State (within
                the meaning of chapter 2 of title III of the
                Immigration and Nationality Act; 8 U.S.C. 1421-1459),
                become a resident of a State (within such meaning)
                before commencing the financial assistance program; and
                    ``(B) file an application for naturalization within
                60 days after the later of--
                            ``(i) the date that he meets the
                        requirements for naturalization in section
                        316(a)(1) of the Immigration and Nationality
                        Act (8 U.S.C. 1436); or
                            ``(ii) the date that he is accepted into
                        the financial assistance program.''.

SEC. 3. CONFORMING AMENDMENT.

    Section 12102(b)(1) of title 10, United States Code, is amended--
            (1) by striking ``or'' the first place such term appears;
            (2) by inserting a comma after ``United States'' the first
        place such term appears; and
            (3) by inserting ``, or is a national of the United States
        eligible (as provided in sections 2104(b), 2107(b), or 2107a(b)
        of this title) for advanced training in, or financial
        assistance as a member of, the Senior Reserve Officers'
        Training Corps'' after the close parenthesis.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Employee Right to Choose Act of
2003''.

SEC. 2. STREAMLINING UNIONIZATION PROCESS.

    The National Labor Relations Act (29 U.S.C. 151 et seq.) is
amended--
            (1) in section 3(b), in the second sentence--
                    (A) by striking ``and to'' and inserting ``to'';
                and
                    (B) by striking ``and certify the results
                thereof,'' and inserting ``, and to make the
                certifications provided for in section 9,'';
            (2) in section 8--
                    (A) in subsection (b)(7)(C), in the first proviso--
                            (i) by striking ``the provisions of section
                        9(c)(1) or''; and
                            (ii) by striking ``direct an election in
                        such unit as the Board finds to be appropriate
                        and shall certify the results thereof'' and
                        inserting ``process the petition in accordance
                        with section 9(c)(1)''; and
                    (B) by striking subsection (d) and inserting the
                following:
    ``(d) Collective Bargaining.--
            ``(1) In general.--For the purposes of this section, to
        bargain collectively is the performance of the mutual
        obligation of the employer and the representative of the
        employees to meet at reasonable times and confer in good faith
        with respect to wages, hours, and other terms and conditions of
        employment, or the negotiation of an agreement, or any question
        arising thereunder, and the execution of a written contract
        incorporating any agreement reached if requested by either
        party, but such obligation does not compel either party to
        agree to a proposal or require the making of a concession:
        Provided, That where there is in effect a collective-bargaining
        contract covering employees in an industry affecting commerce,
        the duty to bargain collectively shall also mean that no party
        to such contract shall terminate or modify such contract,
        unless the party desiring such termination or modification--
                    ``(A) serves a written notice upon the other party
                to the contract of the proposed termination or
                modification 60 days prior to the expiration date
                thereof, or in the event such contract contains no
                expiration date, 60 days prior to the time it is
                proposed to make such termination or modification;
                    ``(B) offers to meet and confer with the other
                party for the purpose of negotiating a new contract or
                a contract containing the proposed modifications;
                    ``(C) notifies the Federal Mediation and
                Conciliation Service within 30 days after such notice
                of the existence of a dispute, and simultaneously
                therewith notifies any State or Territorial agency
                established to mediate and conciliate disputes within
                the State or Territory where the dispute occurred,
                provided no agreement has been reached by that time;
                and
                    ``(D) continues in full force and effect, without
                resorting to strike or lock-out, all the terms and
                conditions of the existing contract for a period of 60
                days after such notice is given or until the expiration
                date of such contract, whichever occurs later:
        The duties imposed upon employers, employees, and labor
        organizations by subparagraphs (B), (C), and (D) shall become
        inapplicable upon an intervening certification of the Board,
        under which the labor organization or individual, which is a
        party to the contract, has been superseded as or ceased to be
        the representative of the employees subject to the provisions
        of section 9(a), and the duties so imposed shall not be
        construed as requiring either party to discuss or agree to any
        modification of the terms and conditions contained in a
        contract for a fixed period, if such modification is to become
        effective before such terms and conditions can be reopened
        under the provisions of the contract. Any employee who engages
        in a strike within any notice period specified in this
        subsection, or who engages in any strike within the appropriate
        period specified in subsection (g), shall lose his status as an
        employee of the employer engaged in the particular labor
        dispute, for the purposes of sections 8, 9, and 10 of this Act,
        as amended, but such loss of status for such employee shall
        terminate if and when he is reemployed by such employer.
            ``(2) Bargaining for employees of a health care
        institution.--Whenever the collective bargaining involves
        employees of a health care institution, the provisions of this
        subsection shall be modified as follows:
                    ``(A) The notice of paragraph (1)(A) shall be 90
                days; the notice of paragraph (1)(C) shall be 60 days;
                and the contract period of paragraph (1)(D) shall be 90
                days.
                    ``(B) Where the bargaining is for an initial
                agreement following certification or recognition, at
                least 30 days' notice of the existence of a dispute
                shall be given by the labor organization to the
                agencies set forth in paragraph (1)(C).
                    ``(C) After notice is given to the Federal
                Mediation and Conciliation Service under either clause
                (A) or (B) of this sentence, the Service shall promptly
                communicate with the parties and use its best efforts,
                by mediation and conciliation, to bring them to
                agreement. The parties shall participate fully and
                promptly in such meetings as may be undertaken by the
                Service for the purpose of aiding in a settlement of
                the dispute.
            ``(3) Bargaining for an initial agreement.--Whenever the
        collective bargaining is for an initial agreement following
        certification or recognition, the provisions of this subsection
        shall be modified as follows:
                    ``(A) Not later than 10 days after receiving a
                written request for collective bargaining from an
                individual or labor organization that has been newly
                recognized or certified as a representative, as
                described in section 9(a), or within such further
                period as the parties agree upon, the parties shall
                meet and commence to bargain collectively and shall
                make every reasonable effort to conclude and sign a
                collective bargaining agreement.
                    ``(B) If after 180 days from the commencement of
                bargaining, or such further period as the parties agree
                upon, the parties have failed to reach an agreement,
                either party may notify the Federal Mediation and
                Conciliation Service of the existence of a dispute and
                request mediation. Whenever such a request is received,
                it shall be the duty of the Service promptly to put
                itself in communication with the parties and to use its
                best efforts, by mediation and conciliation, to bring
                the parties to agreement.
                    ``(C) If after 30 days from the request for
                mediation, or such further period as the parties agree
                upon, the Service is not able to bring the parties to
                agreement by conciliation, the Service shall refer the
                dispute to an arbitration board established in
                accordance with such regulations as may be prescribed
                by the Service. The arbitration panel shall render a
                decision settling the dispute and such decision shall
                be binding upon the parties for a period of 2 years,
                unless amended during such period by written consent of
                the parties.''; and
            (3) in section 9--
                    (A) by striking subsection (c) and inserting the
                following:
    ``(c) Hearings on Questions Affecting Commerce; Rules and
Regulations.--
            ``(1) In general.--Whenever a petition shall have been
        filed, in accordance with such regulations as may be prescribed
        by the Board--
                    ``(A) by an employee or group of employees or any
                individual or labor organization acting in their behalf
                alleging that a substantial number of employees wish to
                be represented for collective bargaining and that their
                employer declines to recognize their representative as
                the representative described in subsection (a); or
                    ``(B) by an employer, alleging that an individual
                or labor organization has presented to the employer a
                claim to be recognized as the representative described
                in subsection (a),
        the Board shall investigate such petition and if the Board has
        reasonable cause to believe that a question of representation
        affecting commerce exists, shall provide for an appropriate
        hearing upon due notice. Such hearing may be conducted by an
        officer or employee of the regional office, who shall not make
        any recommendations with respect thereto. If the Board finds
        upon the record of such hearing that such a question of
        representation exists, the Board shall direct an election by
        secret ballot and shall certify the results thereof: Provided,
        That if the Board finds that, as of the date of the filing of
        the petition or such other date as the Board considers
        appropriate, a majority of the employees in a unit appropriate
        for collective bargaining have signed authorizations
        designating the individual or labor organization specified in
        the petition as their bargaining representative, and there is
        no other individual or labor organization that has been so
        designated by 30 percent or more of the employees, the Board
        shall not direct an election but shall certify the individual
        or labor organization as the representative described in
        subsection (a).
            ``(2) Individual or labor organization no longer
        representative.--Whenever a petition shall have been filed, in
        accordance with such regulations as may be prescribed by the
        Board by an employee or group of employees or any individual or
        labor organization acting in their behalf alleging that a
        substantial number of employees assert that the individual or
        labor organization, which has been certified or is being
        currently recognized by their employer as the bargaining
        representative, is no longer a representative as described in
        subsection (a), the Board shall investigate such petition and
        if the Board has reasonable cause to believe that a question of
        representation affecting commerce exists shall provide for an
        appropriate hearing upon due notice. Such hearing may be
        conducted by an officer or employee of the regional office, who
        shall not make any recommendations with respect thereto. If the
        Board finds upon the record of such hearing that such a
        question of representation exists, it shall direct an election
        by secret ballot and shall certify the results thereof.
            ``(3) Regulations and rules of decision.--In determining
        whether or not a question of representation affecting commerce
        exists, the same regulations and rules of decision shall apply
        irrespective of the identity of the persons filing the petition
        or the kind of relief sought and in no case shall the Board
        deny a labor organization a place on the ballot by reason of an
        order with respect to such labor organization or its
        predecessor not issued in conformity with section 10(c).
            ``(4) Limitation on election.--No election shall be
        directed in any bargaining unit or any subdivision within
        which, in the preceding 12-month period, a valid election shall
        have been held, and no bargaining representative shall be
        certified on the basis of a showing of majority support
        obtained within the 12-month period following such an election.
        Employees engaged in an economic strike who are not entitled to
        reinstatement shall be eligible to vote under such regulations
        as the Board shall find are consistent with the purposes and
        provisions of this subchapter in any election conducted within
        12 months after the commencement of the strike. In any election
        where none of the choices on the ballot receives a majority, a
        run-off shall be conducted, the ballot providing for a
        selection between the 2 choices receiving the largest and
        second largest number of valid votes cast in the election.
            ``(5) Rule of construction.--Nothing in this section shall
        be construed to prohibit the waiving of hearings by stipulation
        for the purpose of a consent election in conformity with
        regulations and rules of decision of the Board.
            ``(6) Determination of appropriate unit.--In determining
        whether a unit is appropriate for the purposes specified in
        subsection (b), the extent to which the employees have
        organized shall not be controlling.
            ``(7) Guidelines and procedures.--The Board shall develop
        guidelines and procedures for the designation by employees of a
        bargaining representative as described in subsection (a). Such
        guidelines and procedures shall include--
                    ``(A) model collective bargaining authorization
                language that may be used for purposes of making the
                designations described in paragraph (1); and
                    ``(B) procedures to be used by the Board to
                establish the authenticity of signed authorizations
                designating bargaining representatives.''; and
                    (B) by striking subsection (e).

SEC. 3. CONFORMING AMENDMENTS.

    Section 8 of the National Labor Relations Act (29 U.S.C. 158) is
amended--
            (1) in subsection (a)(3)(ii), by striking ``section 9(e)''
        and inserting ``section 9(c)(1)''; and
            (2) in subsection (f), by striking ``9(e)'' and inserting
        ``9(c)(1)''.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Employment Non-Discrimination Act of
1995''.

SEC. 2. DISCRIMINATION PROHIBITED.

    A covered entity, in connection with employment or employment
opportunities, shall not--
            (1) subject an individual to different standards or
        treatment on the basis of sexual orientation,
            (2) discriminate against an individual based on the sexual
        orientation of persons with whom such individual is believed to
        associate or to have associated, or
            (3) otherwise discriminate against an individual on the
        basis of sexual orientation.

SEC. 3. BENEFITS.

    This Act does not apply to the provision of employee benefits to an
individual for the benefit of his or her partner.

SEC. 4. NO DISPARATE IMPACT.

    The fact that an employment practice has a disparate impact, as the
term ``disparate impact'' is used in section 703(k) of the Civil Rights
Act of 1964 (42 U.S.C. 2000e-2(k)), on the basis of sexual orientation
does not establish a prima facie violation of this Act.

SEC. 5. QUOTAS AND PREFERENTIAL TREATMENT PROHIBITED.

    (a) Quotas.--A covered entity shall not adopt or implement a quota
on the basis of sexual orientation.
    (b) Preferential Treatment.--A covered entity shall not give
preferential treatment to an individual on the basis of sexual
orientation.

SEC. 6. RELIGIOUS EXEMPTION.

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

SEC. 7. NONAPPLICATION TO MEMBERS OF THE ARMED FORCES; VETERANS'
              PREFERENCES.

    (a) Armed Forces.--(1) For purposes of this Act, the term
``employment or employment opportunities'' does not apply to the
relationship between the United States and members of the Armed Forces.
    (2) As used in paragraph (1), the term ``Armed Forces'' means the
Army, Navy, Air Force, Marine Corps, and Coast Guard.
    (b) Veterans' Preferences.--This Act does not repeal or modify any
Federal, State, territorial, or local law creating special rights or
preferences for veterans.

SEC. 8. ENFORCEMENT.

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

SEC. 9. STATE AND FEDERAL IMMUNITY.

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

SEC. 10. ATTORNEYS' FEES.

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

SEC. 11. RETALIATION AND COERCION PROHIBITED.

    (a) Retaliation.--A covered entity shall not discriminate against
an individual because such individual opposed any act or practice
prohibited by this Act or because such individual made a charge,
assisted, testified, or participated in any manner in an investigation,
proceeding, or hearing under this Act.
    (b) Coercion.--A person shall not coerce, intimidate, threaten, or
interfere with any individual in the exercise or enjoyment of, or on
account of his or her having exercised, enjoyed, assisted, or
encouraged the exercise or enjoyment of, any right granted or protected
by this Act.

SEC. 12. POSTING NOTICES.

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

SEC. 13. REGULATIONS.

    The Commission shall have authority to issue regulations to carry
out this Act.
SEC. 14. RELATIONSHIP TO OTHER LAWS.

    This Act shall not invalidate or limit the rights, remedies, or
procedures available to an individual claiming discrimination
prohibited under any other Federal law or any law of a State or
political subdivision of a State.

SEC. 15. SEVERABILITY.

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

SEC. 16. EFFECTIVE DATE.

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

SEC. 17. DEFINITIONS.

    As used in this Act:
            (1) The term ``Commission'' means the Equal Employment
        Opportunity Commission.
            (2) The term ``covered entity'' means an employer,
        employment agency, labor organization, joint labor management
        committee, an entity to which section 717(a) of the Civil
        Rights Act of 1964 (42 U.S.C. 2000e(a)) applies, an employing
        authority to which section 302(a)(1) of the Government Employee
        Rights Act of 1991 (2 U.S.C. 1202(a)(1)) applies, or an
        employing authority to which section 201(a) of the
        Congressional Accountability Act of 1995 (Public Law 104-1; 109
        Stat. 3) applies.
            (3) The term ``employer'' has the meaning given such term
        in section 701(b) of the Civil Rights Act of 1964 (42 U.S.C.
        2000e(b)).
            (4) The term ``employment agency'' has the meaning given
        such term in section 701(c) of the Civil Rights Act of 1964 (42
        U.S.C. 2000e(c)).
            (5) The term ``employment or employment opportunities''
        includes job application procedures, hiring, advancement,
        discharge, compensation, job training, or any other term,
        condition, or privilege of employment.
            (6) The term ``labor organization'' has the meaning given
        such term in section 701(d) of the Civil Rights Act of 1964 (42
        U.S.C. 2000e(d)).
            (7) The term ``person'' has the meaning given such term in
        section 701(a) of the Civil Rights Act of 1964 (42 U.S.C.
        2000e(a)).
            (8) The term ``religious organization'' means--
                    (A) a religious corporation, association, or
                society, or
                    (B) a college, school, university, or other
                educational institution, not otherwise a religious
                organization, if--
                            (i) it is in whole or substantial part
                        controlled, managed, owned, or supported by a
                        religious corporation, association, or society,
                        or
                            (ii) its curriculum is directed toward the
                        propagation of a particular religion.
            (9) The term ``sexual orientation'' means homosexuality,
        bisexuality, or heterosexuality, whether such orientation is
        real or perceived.
            (10) The term ``State'' has the meaning given such term in
        section 701(i) of the Civil Rights Act of 1964 (42 U.S.C.
        2000e(i)).


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Endangered Species Community
Advisory Board Act of 1995''.

SEC. 2. AUTHORITY TO ESTABLISH COMMUNITY ADVISORY BOARDS UNDER
              ENDANGERED SPECIES ACT OF 1973.

    The Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) is
amended by adding at the end the following new section:

                      ``community advisory boards

    ``Sec. 19. (a) Establishment.--(1) The Secretary shall establish an
Endangered Species Community Advisory Board (in this section referred
to as a `community advisory board') in connection with the designation
of an area under this Act as critical habitat or as a National Wildlife
Refuge.
    ``(2) Each community advisory board--
            ``(A) shall be comprised of 12 members appointed by the
        Secretary from among individuals recommended by the Governor of
        the State in which is located the area for which the advisory
        board is established; and
            ``(B) shall have as its chairperson a member of the
        advisory board who is an elected official of a local government
        in that area and who is designated as chairperson by the
        Secretary.
    ``(3) The term of a member of a community advisory board shall be 4
years, except that of the members first appointed--
            ``(A) 3 shall be appointed for an initial term of 1 year;
            ``(B) 3 shall be appointed for an initial term of 2 years;
        and
            ``(C) 3 shall be appointed for an initial term of 3 years;
as specified by the Secretary at the time of appointment.
    ``(4) Individuals who are Federal employees may not comprise a
majority of the total number of members of a community advisory board.
    ``(5) The Secretary shall prescribe regulations regarding the
establishment, characteristics, composition, and funding of community
advisory boards. However, the issuance of regulations shall not be a
precondition to the establishment of a community advisory board or
affect the existence or operation of a community advisory board
established before the effective date of this section.
    ``(6) The Secretary may provide for the payment of routine
administrative expenses of a community advisory board established for
an area from funds available for activities relating to study of the
area to determine whether to designate the area as critical habitat or
as a National Wildlife Refuge.
    ``(b) Assistance for Citizen Participation.--(1) Subject to the
availability of appropriations, the Secretary shall make available
funds to facilitate the participation of individuals from the private
sector on community advisory boards for the purpose of ensuring public
input into the designation of areas as critical habitat or National
Wildlife Refuges.
    ``(2) The private individuals who are members of a community
advisory board are eligible for funding assistance under this
subsection only if they reside in the vicinity of the area for which
the community advisory board is established. For accounting and
financial management purposes, such funds shall be paid to and
administered by the community advisory board on which the private
individuals are members, subject to paragraph (3).
    ``(3) Individuals who are local community members of a community
advisory board may use funds made available under this paragraph only--
            ``(A) to obtain technical assistance of experts in
        interpreting scientific data, material, and issues regarding
        protection of endangered species; and
            ``(B) to educate the local community in understanding such
        data, material, and issues.
    ``(c) Consultation by Secretary.--If a community advisory board is
established for an area, the Secretary, before designating any of the
area under this Act as critical habitat or as a National Wildlife
Refuge, shall--
            ``(1) consult with and seek the advice and recommendations
        of the board regarding--
                    ``(A) identifying the needs and concerns of the
                affected local community and individual landowners;
                    ``(B) monitoring scientific studies and surveys
                used to determine the need for designation of the area
                as critical habitat or a National Wildlife Refuge,
                before that designation; and
                    ``(C) addressing land use strategies and
                management; and
            ``(2) publish recommendations received from the board
        within 180 days after the date the Secretary initiates
        consultation under paragraph (1).
    ``(d) Monitoring and Reporting by Community Advisory Boards.--Each
community advisory board shall, with respect to critical habitat or a
National Wildlife Refuge for which it was established--
            ``(1) monitor and periodically report to the Secretary on
        progress made in the conservation and recovery of species for
        which that critical habitat or Refuge was designated; and
            ``(2) periodically review and report to the Secretary
        regarding the continued accuracy and sufficiency of the
        scientific findings that were the basis of that designation.
    ``(e) State Defined.--Notwithstanding section 3(17), in this
section the term `State' means any of the several States, the District
of Columbia, the Commonwealth of Puerto Rico, American Samoa, the
Virgin Islands, Guam, and the Commonwealth of the Northern Mariana
Islands.''.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Energy Conservation Opportunity Fund
Act of 2008'' or the ``ECO Fund Act of 2008''.

SEC. 2. REVOLVING FUND FOR LOANS TO STATES AND INDIAN TRIBES TO CARRY
              OUT RENEWABLE ENERGY SOURCES ACTIVITIES.

    (a) Establishment of Fund.--There is established in the Treasury of
the United States a revolving fund, to be known as the ``Alternative
Energy Sources State Revolving Fund''.
    (b) Credits.--The Fund shall be credited with--
            (1) any amounts appropriated to the Fund pursuant to
        subsection (g);
            (2) any amounts of principal and interest from loan
        repayments received by the Secretary pursuant to subsection
        (d)(7); and
            (3) any interest earned on investments of amounts in the
        Fund pursuant to subsection (e).
    (c) Expenditures.--
            (1) In general.--Subject to paragraph (2), on request by
        the Secretary of Housing and Urban Development, the Secretary
        of the Treasury shall transfer from the Fund to the Secretary
        such amounts as the Secretary determines are necessary to
        provide loans under subsection (d)(1).
            (2) Administrative expenses.--Of the amounts in the Fund,
        not more than 5 percent shall be available for each fiscal year
        to pay the administrative expenses of the Department of Housing
        and Urban Development to carry out this section.
    (d) Loans to States and Indian Tribes.--
            (1) In general.--The Secretary shall use amounts in the
        Fund to provide loans to States and Indian tribes to provide
        incentives to owners of single-family and multifamily housing,
        commercial properties, and public buildings to provide--
                    (A) renewable energy sources for such structures,
                such as wind, wave, solar, biomass, or geothermal
                energy sources, including incentives to companies and
                business to change their source of energy to such
                renewable energy sources and for changing the sources
                of energy for public buildings to such renewable energy
                sources;
                    (B) energy efficiency and energy conserving
                improvements and features for such structures; or
                    (C) infrastructure related to the delivery of
                electricity and hot water for structures lacking such
                amenities.
            (2) Eligibility.--To be eligible to receive a loan under
        this subsection, a State or Indian tribe, through an
        appropriate State or tribal agency, shall submit to the
        Secretary an application at such time, in such manner, and
        containing such information as the Secretary may require.
            (3) Criteria for approval.--The Secretary may approve an
        application of a State or Indian tribe under paragraph (2) only
        if the Secretary determines that the State or tribe will use
        the funds from the loan under this subsection to carry out a
        program to provide incentives described in paragraph (1) that--
                    (A) requires that any such renewable energy
                sources, and energy efficiency and energy conserving
                improvements and features, developed pursuant to
                assistance under the program result in compliance of
                the structure so improved with the energy efficiency
                requirements under section 2(a) of the; and
                    (B) includes such compliance and audit requirements
                as the Secretary determines are necessary to ensure
                that the program is operated in a sound and effective
                manner.
            (4) Preference.--In making loans during each fiscal year,
        the Secretary shall give preference to States and Indian tribes
        that have not previously received a loan under this subsection.
            (5) Maximum amount.--The aggregate outstanding principal
        amount from loans under this subsection to any single State or
        Indian tribe may not exceed $500,000,000.
            (6) Loan terms.--Each loan under this subsection shall have
        a term to maturity of not more than 10 years and shall bear
        interest at annual rate, determined by the Secretary, that
        shall not exceed interest rate charged by the Federal Reserve
        Bank of New York to commercial banks and other depository
        institutions for very short-term loans under the primary credit
        program, as most recently published in the Federal Reserve
        Statistical Release on selected interest rates (daily or
        weekly), and commonly referred to as the H.15 release,
        preceding the date of a determination for purposes of applying
        this paragraph.
            (7) Loan repayment.--The Secretary shall require full
        repayment of each loan made under this section.
    (e) Investment of Amounts.--
            (1) In general.--The Secretary of the Treasury shall invest
        such amounts in the Fund that are not, in the judgment of the
        Secretary of the Treasury, required to meet needs for current
        withdrawals.
            (2) Obligations of united states.--Investments may be made
        only in interest-bearing obligations of the United States.
    (f) Reports.--
            (1) Reports to secretary.--For each year during the term of
        a loan made under subsection (d), the State or Indian tribe
        that received the loan shall submit to the Secretary a report
        describing the State or tribal alternative energy sources
        program for which the loan was made and the activities
        conducted under the program using the loan funds during that
        year.
            (2) Report to congress.--Not later than September 30 of
        each year that loans made under subsection (d) are outstanding,
        the Secretary shall submit a report to the Congress describing
        the total amount of such loans provided under subsection (d) to
        each eligible State and Indian tribe during the fiscal year
        ending on such date, and an evaluation on effectiveness of the
        Fund.
    (g) Authorization of Appropriations.--There is authorized to be
appropriated to the Fund $5,000,000,000.
    (h) Definitions.--For purposes of this section, the following
definitions shall apply:
            (1) Indian tribe.--The term ``Indian tribe'' has the
        meaning given such term in section 4 of the Native American
        Housing Assistance and Self-Determination Act of 1996 (25
        U.S.C. 4103).
            (2) Secretary.--The term ``Secretary'' means the Secretary
        of Housing and Urban Development.
            (3) State.--The term ``State'' means each of the several
        States, the Commonwealth of Puerto Rico, the District of
        Columbia, the Commonwealth of the Northern Mariana Islands,
        Guam, the Virgin Islands, American Samoa, the Trust Territories
        of the Pacific, or any other possession of the United States.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Enhanced Emergency and Enforcement
Authority Act''.

SEC. 2. EMERGENCY ORDERS RELATED TO COMPLIANCE DURING AN EMERGENCY.

    Section 12(k) of the Securities Exchange Act of 1934 (15 U.S.C.
78l(k) is amended--
            (1) in paragraph (2)(A)(iii)--
                    (A) in subclause (I), by striking ``; or'' and
                inserting a semicolon;
                    (B) in subclause (II), by striking the period and
                inserting ``; or''; and
                    (C) by inserting after subclause (II) the
                following:
                                    ``(III) the ability of investors,
                                issuers, brokers or dealers, transfer
                                agents, investment advisers, or other
                                market participants to conduct
                                securities activities or comply with
                                filing, reporting, delivery, or other
                                obligations under the securities laws
                                in a timely, orderly, or efficient
                                manner.''; and
            (2) in paragraph (7)(A)(ii)--
                    (A) in subclause (I), by striking ``; or'' and
                inserting a semicolon;
                    (B) in subclause (II), by striking ``; and'' and
                inserting ``; or''; and
                    (C) by inserting after subclause (II) the
                following:
                                    ``(III) the ability of investors,
                                issuers, brokers or dealers, transfer
                                agents, investment advisers, or other
                                market participants to conduct
                                securities activities or comply with
                                filing, reporting, delivery, or other
                                obligations under the securities laws
                                in a timely, orderly, or efficient
                                manner; and''.

SEC. 3. NATIONWIDE SERVICE OF PROCESS.

    (a) Securities Act of 1933.--Section 22(a) of the Securities Act of
1933 (15 U.S.C. 77v(a)) is amended by inserting after the second
sentence the following: ``In any action or proceeding instituted by the
Commission under this title in a United States district court for any
judicial district, subpoenas issued by or on behalf of such court to
compel the attendance of witnesses or the production of documents or
tangible things (or both) may be served in any other district. Such
subpoenas may be served and enforced without application to the court
or a showing of cause, notwithstanding the provisions of rule 45(b)(2),
(c)(3)(A)(ii), and (c)(3)(B)(iii) of the Federal Rules of Civil
Procedure.''.
    (b) Securities Exchange Act of 1934.--Section 27 of the Securities
Exchange Act of 1934 (15 U.S.C. 78aa) is amended by inserting after the
third sentence the following: ``In any action or proceeding instituted
by the Commission under this title in a United States district court
for any judicial district, subpoenas issued by or on behalf of such
court to compel the attendance of witnesses or the production of
documents or tangible things (or both) may be served in any other
district. Such subpoenas may be served and enforced without application
to the court or a showing of cause, notwithstanding the provisions of
rule 45(b)(2), (c)(3)(A)(ii), and (c)(3)(B)(iii) of the Federal Rules
of Civil Procedure.''.
    (c) Investment Company Act of 1940.--Section 44 of the Investment
Company Act of 1940 (15 U.S.C. 80a-43) is amended by inserting after
the fourth sentence the following: ``In any action or proceeding
instituted by the Commission under this title in a United States
district court for any judicial district, subpoenas issued by or on
behalf of such court to compel the attendance of witnesses or the
production of documents or tangible things (or both) may be served in
any other district. Such subpoenas may be served and enforced without
application to the court or a showing of cause, notwithstanding the
provisions of rule 45(b)(2), (c)(3)(A)(ii), and (c)(3)(B)(iii) of the
Federal Rules of Civil Procedure.''.
    (d) Investment Advisers Act of 1940.--Section 214 of the Investment
Advisers Act of 1940 (15 U.S.C. 80b-14) is amended by inserting after
the third sentence the following: ``In any action or proceeding
instituted by the Commission under this title in a United States
district court for any judicial district, subpoenas issued by or on
behalf of such court to compel the attendance of witnesses or the
production of documents or tangible things (or both) may be served in
any other district. Such subpoenas may be served and enforced without
application to the court or a showing of cause, notwithstanding the
provisions of rule 45(b)(2), (c)(3)(A)(ii), and (c)(3)(B)(iii) of the
Federal Rules of Civil Procedure.''.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Enhancing Military and Police
Operations through Women's Engagement and Recruitment Act of 2016''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) The United States National Action Plan On Women, Peace
        and Security expresses the unqualified commitment of the United
        States to integrating women's perspectives fully into our
        diplomatic, defense, and development efforts not simply as
        beneficiaries, but as agents of peace, security,
        reconciliation, development, growth, and stability. The plan
        also specifies the following priorities:
                    (A) Providing assistance to support women's
                participation, integration, and leadership in the
                security sector.
                    (B) Working with partner nations to increase
                women's participation in United States-funded training
                programs for foreign police, judicial, and military
                personnel, including professional military education,
                as well as exchange programs, conferences, and
                seminars.
                    (C) Utilizing the participation of female members
                of the United States Armed Forces to encourage and
                model gender integration in the armed forces of partner
                nations.
            (2) The Department of State's 2015 Quadrennial Diplomacy
        and Development Review states that--
                    (A) the United States is promoting initiatives
                based on the unique roles that women and girls play in
                preventing and responding to conflict; and
                    (B) gender equality is a core element in policy
                development, strategy and budget planning, policy and
                program implementation, management and training, and
                monitoring and evaluation of results.
            (3) United States security sector assistance is a key
        engagement tool with our foreign partners. Security sector
        assistance helps further United States interests by seeking to
        professionalize and develop the police and militaries of our
        foreign partners, shaping the security sector policies of
        foreign governments, and building sustainable and legitimate
        institutions to provide security and justice and respond to the
        needs of populations. Security sector assistance can also
        support broad United States policy goals, including respect for
        human rights, civilian control of the military, and the rule of
        law.
            (4) To support these efforts, the United States Department
        of State provides funding for a number of training programs for
        military forces, police and other security forces, and
        international peacekeeping operations.
            (5) Women are underrepresented in security forces
        worldwide. For instance, in South Asia--
                    (A) women make up less than 1 percent of Pakistan's
                total police force;
                    (B) women make up less than 5 percent of
                Bangladesh's total police force; and
                    (C) women make up less than 7 percent of India's
                total police force.
            (6) As demonstrated by United States Female Engagement
        Teams deployed to Afghanistan, female soldiers can enhance the
        operational effectiveness of security operations and gather
        information and provide access to local populations that all-
        male units cannot engage or search.
            (7) Female military and police can provide critical
        contributions to security. For Afghanistan's 2014 presidential
        elections, Afghanistan's Ministry of Interior recruited and
        trained 13,000 females to provide security and conduct searches
        of women at checkpoints and polling stations. Female police
        facilitated the participation of women in elections.
            (8) The International Military Education and Training
        (IMET) program, funded by the United States Department of
        State, provides professional military training for the future
        leaders of our foreign partners, enhances interoperability with
        the United States Armed Forces, builds relationships among
        international and United States military students, and conveys
        United States customs and cultural norms.
            (9) Of the 141 countries that received IMET funding from
        Fiscal Year 2011 through Fiscal Year 2015, only approximately 7
        percent of IMET program participants from those countries were
        women.
            (10) United States international police training programs
        that are specifically focused on women have proven effective in
        recruiting and retaining women. In Lebanon, for instance, a
        Department of State-funded basic cadet course for women was
        instrumental in helping Lebanon's Internal Security Forces
        increase the number of police officers from two to 610.
            (11) United States security assistance for peacekeeping
        builds the capabilities of our partner countries, increases the
        number of military and police personnel available for
        deployment to support peace operations, and facilitates the
        logistical support and deployment of units to peace operations.
            (12) Studies demonstrate that the inclusion of higher
        proportions of female peacekeepers is associated with fewer
        allegations of sexual abuse and exploitation, as is the
        inclusion of personnel from countries with better records of
        gender equality.
            (13) Female peacekeepers are uniquely capable of assisting
        female survivors of sexual violence. Reports demonstrate that
        victims are more likely to report incidents of abuse to women
        in the police or military. In Liberia, the presence of a female
        Indian peacekeeping unit increased reporting of sexual abuse
        and encouraged the recruitment of women to the national police.
            (14) Despite the recognition of the importance of
        increasing the number of women in peacekeeping operations,
        according to the United Nations, as of February 2016--
                    (A) women comprised only 3 percent of total
                military forces deployed to peacekeeping missions; and
                    (B) women comprised only 9 percent of total police
                forces deployed to peacekeeping missions.
            (15) The Global Peace Operations Initiative is a United
        States security assistance program to train, deploy, and build
        the capacity of peacekeepers worldwide. Through the Global
        Peace Operations Initiative, the United States has worked to
        increase the participation of female peacekeepers in United
        Nations operations. With dedicated United States assistance,
        over the last five years, the countries that received
        assistance under the Global Peace Operations Initiative nearly
        doubled the number of deployed female military peacekeepers
        from 1,396 to 2,539. Of the countries that received assistance
        under the Global Peace Operations Initiative that deploy
        personnel to peacekeeping missions, as of January 2016--
                    (A) women comprised approximately 4 percent of
                total military forces deployed to peace operations; and
                    (B) women comprised approximately 7 percent of
                formed police units and 10 percent of total police
                forces deployed to peace operations.

SEC. 3. STATEMENT OF POLICY.

    It is the policy of the United States--
            (1) to recognize and respond to the significant shortage of
        women at all levels in foreign military and police forces;
            (2) to prioritize the identification, engagement, and
        support of women leaders at all levels in foreign security
        sectors;
            (3) to increase the recruitment, retention,
        professionalization, and promotion of women in foreign security
        sectors, specifically in the military and police forces;
            (4) to promote the meaningful inclusion and deployment of
        women in security operations; and
            (5) to enhance and expand United States training
        opportunities for women at all levels in foreign militaries and
        police forces.

SEC. 4. FOREIGN MILITARY EXCHANGES.

    The Department of State, in coordination with the Department of
Defense, shall seek to increase the participation of women receiving
training under the International Military Education and Training
program at United States military schools and training institutions,
with the goal of doubling female participation in such programs
globally by September 30, 2019.

SEC. 5. COUNTERING TERRORISM AND VIOLENT EXTREMISM.

    (a) In General.--The Department of State shall seek to increase the
participation of women receiving training under the Department of
State's Anti-Terrorism Assistance (ATA) programs, with the goal of
doubling the total women receiving such training by September 30, 2019.
    (b) Mandate.--The Department of State shall make explicit in its
mandate for ATA programs its priority to increase the participation of
women.

SEC. 6. PEACEKEEPING OPERATIONS.

    (a) In General.--The Department of State shall work with partner
countries receiving peacekeeping training assistance to prioritize the
integration, training, and deployment of qualified female peacekeepers
in peace operations. The Department of State shall work with partner
countries receiving peacekeeping training assistance to prioritize the
employment, development, and integration of female peacekeeping
trainers.
    (b) United Nations Peacekeeping Missions.--Through the United
States Mission to the United Nations, the Department of State shall
promote an increase in the recruitment, retention, and leadership roles
of female personnel assigned to United Nations peacekeeping missions.
    (c) Increased Deployment of Female Peacekeepers.--The Department of
State may work with partner countries receiving United States
peacekeeping training assistance to double the number of qualified
women deployed to peace operations not later than 5 years after the
date of the enactment of this Act.

SEC. 7. LAW ENFORCEMENT.

    (a) Participation Requirement.--The Department of State shall
establish female participation requirements for its police training
programs and work with partner countries to ensure that women account
for not less than 10 percent of nominees for United States-funded
police training programs.
    (b) Communication of Requirement.--The Department shall make
explicit its priority to increase the participation of women in the
design and implementation of all police training programs.

SEC. 8. MONITORING AND EVALUATION.

    The Secretary of State, the Secretary of Defense, and
representatives of other relevant Federal agencies and departments, as
appropriate, shall develop a plan for the monitoring and independent
evaluation of programs, projects, and activities carried out under this
Act.

SEC. 9. REPORTING REQUIREMENTS.

    (a) In General.--The Secretary of State, in conjunction with the
Secretary of Defense, shall designate appropriate officials to brief
the appropriate congressional committees, not later than 1 year after
the date of the enactment of this Act, on--
            (1) the existing, enhanced, and newly established training
        carried out pursuant to this Act;
            (2) diplomatic actions undertaken to promote the targets
        set forth in this Act;
            (3) the guidelines established for overseas United States
        diplomatic and military personnel to engage with foreign
        counterparts pursuant to this Act;
            (4) progress towards the targets set forth in this Act; and
            (5) actions to address the structural and systemic barriers
        to women's recruitment, retention, and professionalization for
        the largest recipients of United States security sector
        assistance.
    (b) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
            (1) the Committee on Foreign Relations, the Committee on
        Armed Services, and the Committee on Appropriations of the
        Senate; and
            (2) the Committee on Foreign Affairs, the Committee on
        Armed Services, and the Committee on Appropriations of the
        House of Representatives.