SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Identity Protection Act'', or the ``VIP Act''. SEC. 2. PURPOSES. The purposes of this Act are-- (1) to reimburse injured persons for injuries suffered as a result of the unauthorized use, disclosure, or dissemination of identifying information improperly released by or obtained from the Department of Veterans Affairs; and (2) to provide for the expeditious consideration and settlement of claims for those injuries. SEC. 3. DEFINITIONS. In this Act: (1) Director.--The term ``Director'' means the Director of the Office of Veterans Identity Protection Claims. (2) Injured person.--The term ``injured person'' means an individual-- (A) whose name or other personal identifying information is part of data of the Department of Veterans Affairs that-- (i) was stolen from the home of an employee of the Department of Veterans Affairs on or around May 3, 2006; (ii) was reported missing from the Birmingham VA Medical Center on or around January 22, 2007; or (iii) is otherwise compromised as a result of a security breach, including any action or ommission by an officer, employee, volunteer, or contractor (or employee of a contractor) of the Department of Veterans Affairs in contravention of any security policy or procedure of the Department that results in such a breach; and (B) who suffered an injury as a result of the unauthorized use, disclosure, or dissemination of personal identifying information that was included in data described in subparagraph (A). (3) Office.--The term ``Office'' means the Office of Veterans Identity Protection Claims established under section 4(a). SEC. 4. OFFICE OF VETERANS IDENTITY PROTECTION CLAIMS. (a) Office Established.--There is established an independent office of the executive branch to receive, process, and pay claims in accordance with this Act. Such office shall be known as the Office of Veterans Identity Protection Claims. (b) Director.--Not later than 30 days after the enactment of this Act, the President shall appoint a director of the Office of Veterans Identity Protection Claims. The Director shall, on behalf of the United States, investigate, consider, ascertain, adjust, determine, grant, deny, or settle any claim for money damages asserted under section 5(b). (c) Funding.--The Office-- (1) shall be funded from funds made available to the Director under this Act; (2) may reimburse other Federal agencies for claims processing support and assistance; (3) may appoint and fix the compensation of such temporary personnel as may be necessary, without regard to the provisions of title 5, United States Code, governing appointments in competitive service; and (4) upon the request of the Director, may request that the head of any Federal department or agency detail, on a reimbursable basis, any of the personnel of that department or agency to the Office to assist it in carrying out its duties under this Act. SEC. 5. REIMBURSEMENT FOR INJURIES SUFFERED. (a) Reimbursement.--Each injured person shall be entitled to receive from the United States-- (1) reimbursement for any injuries suffered by the injured person as a result of the unauthorized use, disclosure, or dissemination of personal identifying information that was included in the data described in section 3(2)(A); and (2) damages described in subsection (d)(3), as determined by the Director. (b) Submission of Claims.--Not later than 2 years after the date on which regulations are first promulgated under subsection (f), an injured person may submit to the Director a written claim for one or more injuries suffered by the injured person in accordance with such requirements as the Director determines to be appropriate. (c) Investigation of Claims.-- (1) Applicability of state law.--Except as otherwise provided in this Act, the laws of the State in which the injured person resides shall apply to the calculation of damages under subsection (d)(3). (2) Extent of damages.--Any payment under this Act-- (A) shall be limited to actual compensatory damages measured by injuries suffered and interest before settlement or payment of a claim; and (B) shall not include punitive damages. (d) Payment of Claims.-- (1) Determination and payment of amount.-- (A) In general.--Not later than 180 days after the date on which a claim is submitted under this Act, the Director shall determine and fix the amount, if any, to be paid for the claim. (B) Parameters of determination.--In determining and settling a claim under this Act, the Director shall determine only-- (i) whether the claimant is an injured person; (ii) whether the injury that is the subject of the claim resulted from the unauthorized use, disclosure, or dissemination of personal identifying information that was included in the data described in section 3(2)(A); (iii) the amount, if any, to be allowed and paid to the injured person under this Act. (C) Other payments or settlements.--In determining the amount of, and paying, a claim under this Act, to prevent recovery by a claimant in excess of actual compensatory damages, the Director shall reduce the amount to be paid for the claim by an amount that is equal to the total of any payments or settlements of any nature that were paid, or will be paid, to the injured person with respect to the claim. (2) Partial payment.-- (A) In general.--At the request of a claimant, the Director may make one or more advance or partial payments before the final settlement of a claim, including final settlement on any portion or aspect of a claim that is determined to be severable. (B) Judicial decision.--If a claimant receives a partial payment on a claim under this Act, but further payment on the claim is subsequently denied by the Director, the claimant may-- (i) seek judicial review under subsection (i); and (ii) keep any partial payment that the claimant received, unless the Director determines that the claimant-- (I) was not eligible to receive the reimbursement; or (II) fraudulently procured the reimbursement. (3) Allowable damages.--A claim that is paid under this Act may include otherwise uncompensated damages for loss of property, business loss, or financial loss resulting from the unauthorized use, disclosure, or dissemination of personal identifying information that was included in the data described in section 3(2)(A). (e) Acceptance of Award.--The acceptance by a claimant of any payment under this Act, except an advance or partial payment made under subsection (d)(2), shall-- (1) be final and conclusive on the claimant, with respect to all claims arising out of or relating to the same subject matter; (2) constitute a complete release of all claims against the United States (including any agency or employee of the United States) under chapter 171 of title 28, United States Code (commonly known as the ``Federal Tort Claims Act''), or any other Federal or State law, arising out of or relating to the same subject matter; and (3) shall include a certification by the claimant, made under penalty of perjury and subject to the provisions of section 1001 of title 18, United States Code, that such claim is true and correct. (f) Regulations and Public Information.-- (1) Regulations.--Notwithstanding any other provision of law, not later than 45 days after the date of the enactment of this Act, the Director shall promulgate and publish in the Federal Register interim final regulations for the processing and payment of claims under this Act. (2) Public information.-- (A) In general.--At the time at which the Director promulgates regulations under paragraph (1), the Director shall publish, in newspapers of general circulation in the each of the several States and the District of Columbia, a clear, concise, and easily understandable explanation, in English and Spanish, of-- (i) the rights conferred under this Act; and (ii) the procedural and other requirements of the regulations promulgated under paragraph (1). (B) Dissemination through other media.--The Director shall disseminate the explanation published under subparagraph (A) through brochures, pamphlets, radio, television, and other media that the Director determines are likely to reach prospective claimants. (g) Consultation.--In administering this Act, the Director shall consult with the Attorney General, the Secretary of Veterans Affairs, the Secretary of the Defense, the Secretary of Commerce, other Federal agencies, and State and local authorities, as determined to be necessary by the Director to-- (1) ensure the efficient administration of the claims process; and (2) provide for local concerns. (h) Election of Remedy.-- (1) In general.--An injured person may elect to seek reimbursement from the United States for one or more injuries resulting from the unauthorized use, disclosure, or dissemination of personal identifying information that was included in the data described in section 3(2)(A) by-- (A) submitting a claim under this Act; (B) filing a claim or bringing a civil action under chapter 171 of title 28, United States Code; or (C) bringing an authorized civil action under any other provision of law. (2) Effect of election.--An election by an injured person to seek reimbursement in any manner described in paragraph (1) shall be final and conclusive on the claimant with respect to all injuries resulting from the unauthorized use, disclosure, or dissemination of personal identifying information that was included in the data described in section 3(2)(A) that are suffered by the claimant. (3) Arbitration.-- (A) In general.--Not later than 45 days after the date of the enactment of this Act, the Director shall establish by regulation procedures under which a dispute regarding a claim submitted under this Act may be settled by arbitration. (B) Arbitration as remedy.--On establishment of arbitration procedures under subparagraph (A), an injured person that submits a disputed claim under this Act may elect to settle the claim through arbitration. (C) Binding effect.--An election by an injured person to settle a claim through arbitration under this paragraph shall-- (i) be binding; and (ii) preclude any exercise by the injured person of the right to judicial review of a claim described in subsection (i). (4) No effect on entitlements.--Nothing in this Act affects any right of a claimant to file a claim for benefits under any Federal entitlement program. (i) Judicial Review.-- (1) In general.--Any claimant aggrieved by a final decision of the Director under this Act may, not later than 60 days after the date on which the decision is issued, bring a civil action in the an appropriate United States District Court, to modify or set aside the decision, in whole or in part. (2) Record.--The court shall hear a civil action under paragraph (1) on the record made before the Director. (3) Standard.--The decision of the Director incorporating the findings of the Director shall be upheld if the decision is supported by substantial evidence on the record considered as a whole. (j) Attorney's and Agent's Fees.-- (1) In general.--No attorney or agent, acting alone or in combination with any other attorney or agent, shall charge, demand, receive, or collect, for services rendered in connection with a claim submitted under this Act, fees in excess of 10 percent of the amount of any payment on the claim. (2) Violation.--An attorney or agent who violates paragraph (1) shall be fined not more than $10,000. (k) Applicability of Debt Collection Requirements.--Section 3716 of title 31, United States Code, shall not apply to any payment under this Act. SEC. 6. REPORT; AUDIT. (a) Not later than 180 days after the date of promulgation of regulations under section 5(f)(1), and semiannually thereafter, the Director shall submit to the Committees on Veterans Affairs, Energy and Commerce, and Judiciary of the House of Representatives, and the Committees on Veterans Affairs, Commerce, Science and Transportation, and Judiciary of the Senate, a report that describes the claims submitted under this Act during the six months preceding the date of submission of the report, including, for each claim-- (1) the amount claimed; (2) a brief description of the nature of the claim; and (3) the status or disposition of the claim, including the amount of any payment under this Act. (b) The Comptroller General shall conduct an annual audit on the payment of all claims made under this Act, and shall report to the committees described in subsection (a) on the results of this audit beginning not later than the expiration of the 1-year period beginning on the date of the enactment of this Act. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Director such sums as are necessary to carry out this Act, to remain available until expended.

Summary: Veterans Identity Protection Act or VIP Act - Establishes as an independent office in the executive branch the Office of Veterans Identity Protection Claims, headed by a Director, to receive, process, and pay claims for injuries suffered as a result of the unauthorized use, disclosure, or dissemination of identifying information stolen from the Department of Veterans Affairs (VA) or otherwise compromised as a result of a security breach. Authorizes judicial review of claim determinations.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Western Hemisphere Traveler Improvement Act of 2007''. SEC. 2. CERTIFICATIONS. Section 7209(b)(1) of the Intelligence Reform and Terrorism Prevention Act of 2004 (8 U.S.C. 1185 note) is amended-- (1) in subparagraph (B)-- (A) in clause (v)-- (i) by striking ``process'' and inserting ``read''; and (ii) inserting ``at all ports of entry'' after ``installed''; (B) in clause (vi), by striking ``and'' at the end; (C) in clause (vii), by striking the period at the end and inserting a semicolon; and (D) by adding at the end the following: ``(viii) a pilot program in which not fewer than 1 State has been initiated and evaluated to determine if an enhanced driver's license, which is machine-readable and tamper-proof, not valid for certification of citizenship for any purpose other than admission into the United States from Canada, and issued by such State to an individual, may permit the individual to use the individual's driver's license to meet the documentation requirements under subparagraph (A) for entry into the United States from Canada at the land and sea ports of entry; ``(ix) the report described in subparagraph (C) has been submitted to the appropriate congressional committees; ``(x) a study has been conducted to determine the number of passports and passport cards that will be issued as a consequence of the documentation requirements under subparagraph (A); and ``(xi) sufficient passport adjudication personnel have been hired or contracted-- ``(I) to accommodate-- ``(aa) increased demand for passports as a consequence of the documentation requirements under subparagraph (A); and ``(bb) a surge in such demand during seasonal peak travel times; and ``(II) to ensure that the time required to issue a passport or passport card is not anticipated to exceed 8 weeks.''; and (2) by adding at the end the following: ``(C) Report.--Not later than 180 days after the initiation of the pilot program described in subparagraph (B)(viii), the Secretary of Homeland Security and the Secretary of State shall submit to the appropriate congressional committees a report, which includes-- ``(i) an analysis of the impact of the pilot program on national security; ``(ii) recommendations on how to expand the pilot program to other States; ``(iii) any appropriate statutory changes to facilitate the expansion of the pilot program to additional States and to citizens of Canada; ``(iv) a plan to scan individuals participating in the pilot program against United States terrorist watch lists; ``(v) an evaluation of and recommendations for the type of machine-readable technology that should be used in enhanced driver's licenses, based on individual privacy considerations and the costs and feasibility of incorporating any new technology into existing driver's licenses; ``(vi) recommendations for improving the pilot program; and ``(vii) an analysis of any cost savings for a citizen of the United States participating in an enhanced driver's license program as compared with participating in an alternative program.''. SEC. 3. SPECIAL RULE FOR MINORS. Section 7209(b) of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458; 8 U.S.C. 1185 note) is amended by adding at the end the following new paragraph: ``(3) Special rule for minors.--Notwithstanding any other provision of law, the Secretary of Homeland Security shall permit an individual to enter the United States without providing any evidence of citizenship if the individual-- ``(A)(i) is less than 16 years old; ``(ii) is accompanied by the individual's legal guardian; ``(iii) is entering the United States from Canada or Mexico; ``(iv) is a citizen of the United States or Canada; and ``(v) provides a birth certificate; or ``(B)(i) is less than 18 years old; ``(ii) is traveling under adult supervision with a public or private school group, religious group, social or cultural organization, or team associated with a youth athletics organization; and ``(iii) provides a birth certificate.''. SEC. 4. TRAVEL FACILITATION INITIATIVES. Section 7209 of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458; 8 U.S.C. 1185 note) is amended by adding at the end the following new subsections: ``(e) State Driver's License and Identification Card Enrollment Program.-- ``(1) In general.--Notwithstanding any other provision of law and not later than 180 days after the submission of the report described in subsection (b)(1)(C), the Secretary of State and the Secretary of Homeland Security shall issue regulations to establish a State Driver's License and Identity Card Enrollment Program as described in this subsection (hereinafter in this subsection referred to as the `Program') and which allows the Secretary of Homeland Security to enter into a memorandum of understanding with an appropriate official of each State that elects to participate in the Program. ``(2) Purpose.--The purpose of the Program is to permit a citizen of the United States who produces a driver's license or identity card that meets the requirements of paragraph (3) or a citizen of Canada who produces a document described in paragraph (4) to enter the United States from Canada by land or sea without providing any other documentation or evidence of citizenship. ``(3) Admission of citizens of the united states.--A driver's license or identity card meets the requirements of this paragraph if-- ``(A) the license or card-- ``(i) was issued by a State that is participating in the Program; and ``(ii) is tamper-proof and machine readable; and ``(B) the State that issued the license or card-- ``(i) has a mechanism to verify the United States citizenship status of an applicant for such a license or card; ``(ii) does not require an individual to include the individual's citizenship status on such a license or card; and ``(iii) manages all information regarding an applicant's United States citizenship status in the same manner as such information collected through the United States passport application process and prohibits any other use or distribution of such information. ``(4) Admission of citizens of canada.-- ``(A) In general.--Notwithstanding any other provision of law, if the Secretary of State and the Secretary of Homeland Security determine that an identity document issued by the Government of Canada or by the Government of a Province or Territory of Canada meets security and information requirements comparable to the requirements for a driver's license or identity card described in paragraph (3), the Secretary of Homeland Security shall permit a citizen of Canada to enter the United States from Canada using such a document without providing any other documentation or evidence of Canadian citizenship. ``(B) Technology standards.--The Secretary of Homeland Security shall work, to the maximum extent possible, to ensure that an identification document issued by Canada that permits entry into the United States under subparagraph (A) utilizes technology similar to the technology utilized by identification documents issued by the United States or any State. ``(5) Authority to expand.--Notwithstanding any other provision of law, the Secretary of State and the Secretary of Homeland Security may expand the Program to permit an individual to enter the United States-- ``(A) from a country other than Canada; or ``(B) using evidence of citizenship other than a driver's license or identity card described in paragraph (3) or a document described in paragraph (4). ``(6) Relationship to other requirements.--Nothing in this subsection shall have the effect of creating a national identity card or a certification of citizenship for any purpose other than admission into the United States as described in this subsection. ``(7) State defined.--In this subsection, the term `State' means any of the several States of the United States, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, the District of Columbia, Guam, the Virgin Islands of the United States, or any other territory or possession of the United States. ``(f) Waiver for Intrastate Travel.--The Secretary of Homeland Security shall accept a birth certificate as proof of citizenship for any United States citizen who is traveling directly from one part of a State to a noncontiguous part of that State through Canada, if such citizen cannot travel by land to such part of the State without traveling through Canada, and such travel in Canada is limited to no more than 2 hours. ``(g) Waiver of Pass Card and Passport Execution Fees.-- ``(1) In general.--Notwithstanding any other provision of law, during the 2-year period beginning on the date on which the Secretary of Homeland Security publishes a final rule in the Federal Register to carry out subsection (b), the Secretary of State shall-- ``(A) designate 1 facility in each city or port of entry designated under paragraph (2), including a State Department of Motor Vehicles facility located in such city or port of entry if the Secretary determines appropriate, in which a passport or passport card may be procured without an execution fee during such period; and ``(B) develop not fewer than 6 mobile enrollment teams that-- ``(i) are able to issue passports or other identity documents issued by the Secretary of State without an execution fee during such period; ``(ii) are operated along the northern and southern borders of the United States; and ``(iii) focus on providing passports and other such documents to citizens of the United States who live in areas of the United States that are near such an international border and that have relatively low population density. ``(2) Designation of cities and ports of entry.--The Secretary of State shall designate cities and ports of entry for purposes of paragraph (1)(A) as follows: ``(A) The Secretary shall designate not fewer than 3 cities or ports of entry that are 100 miles or less from the northern border of the United States. ``(B) The Secretary shall designate not fewer than 3 cities or ports of entry that are 100 miles or less from the southern border of the United States. ``(h) Cost-Benefit Analysis.--Prior to publishing a final rule in the Federal Register to carry out subsection (b), the Secretary of Homeland Security shall conduct a complete cost-benefit analysis of carrying out this section. Such analysis shall include analysis of-- ``(1) any potential costs of carrying out this section on trade, travel, and the tourism industry; and ``(2) any potential savings that would result from the implementation of the State Driver's License and Identity Card Enrollment Program established under subsection (e) as an alternative to passports and passport cards. ``(i) Report.--During the 2-year period beginning on the date that is the 3 months after the date on which the Secretary of Homeland Security begins implementation of subsection (b)(1)-- ``(1) the Secretary of Homeland Security shall submit to the appropriate congressional committees a report not less than once every 3 months on-- ``(A) the average delay at border crossings; and ``(B) the average processing time for a NEXUS card, FAST card, or SENTRI card; and ``(2) the Secretary of State shall submit to the appropriate congressional committees a report not less than once every 3 months on the average processing time for a passport or passport card. ``(j) Appropriate Congressional Committees Defined.--In this section, the term `appropriate congressional committees' means-- ``(1) the Committee on Appropriations, the Committee on Homeland Security and Governmental Affairs, and the Committee on the Judiciary of the Senate; and ``(2) the Committee on Appropriations, the Committee on Homeland Security, and the Committee on the Judiciary of the House of Representatives.''. SEC. 5. SENSE OF CONGRESS REGARDING IMPLEMENTATION OF THE WESTERN HEMISPHERE TRAVEL INITIATIVE. The intent of Congress in enacting section 546 of the Department of Homeland Security Appropriations Act, 2007 (Public Law 109-295; 120 Stat. 1386) was to prevent the Secretary of Homeland Security from implementing the plan described in section 7209(b)(1) of the Intelligence Reform and Terrorism Prevention Act of 2004 (8 U.S.C. 1185 note) before the earlier of June 1, 2009, or the date on which the Secretary certifies to Congress that an alternative travel document, known as a passport card, has been developed and widely distributed to eligible citizens of the United States. SEC. 6. PASSPORT PROCESSING STAFF AUTHORITIES. (a) Reemployment of Civil Service Annuitants.--Section 61(a) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2733(a)) is amended-- (1) in paragraph (1), by striking ``To facilitate'' and all that follows through ``, the Secretary'' and inserting ``The Secretary''; and (2) in paragraph (2), by striking ``2008'' and inserting ``2010''. (b) Reemployment of Foreign Service Annuitants.--Section 824(g) of the Foreign Service Act of 1980 (22 U.S.C. 4064(g)) is amended-- (1) in paragraph (1)(B), by striking ``to facilitate'' and all that follows through ``Afghanistan,''; and (2) in paragraph (2), by striking ``2008'' and inserting ``2010''. SEC. 7. REPORT ON BORDER INFRASTRUCTURE. (a) In General.--Not later than 180 days after the date of enactment of this Act, the Secretary of Transportation, in consultation with the Secretary of Homeland Security, shall submit to the appropriate congressional committees a report on the adequacy of the infrastructure of the United States to manage cross-border travel associated with the NEXUS, FAST, and SENTRI programs. Such report shall include consideration of-- (1) the ability of frequent travelers to access dedicated lanes for such travel; (2) the total time required for border crossing, including time spent prior to ports of entry; (3) the frequency, adequacy of facilities and any additional delays associated with secondary inspections; and (4) the adequacy of readers to rapidly read identity documents of such individuals. (b) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Appropriations, the Committee on Homeland Security and Governmental Affairs, and the Committee on the Judiciary of the Senate; and (2) the Committee on Appropriations, the Committee on Homeland Security, and the Committee on the Judiciary of the House of Representatives.

Summary: Western Hemisphere Traveler Improvement Act of 2007 - Amends the Intelligence Reform and Terrorism Prevention Act of 2004 to require as part of the certifications required prior to implementation of the western hemisphere travel initiative (Initiative), that: (1) a pilot program of at least one state has been initiated and evaluated to determine if an enhanced driver's license valid only for citizenship verification for U.S. entry from Canada meets documentation requirements; (2) a study has determined the number of passports and passport cards that will be required to be issued; and (3) sufficient passport adjudication personnel have been hired. Authorizes a person under 16 years old who is a U.S. or Canadian citizen to enter the United States with a birth certificate if the person: (1) is accompanied by the individual's legal guardian; and (2) is entering the United States from Canada or Mexico. Authorizes a person under 18 years old to enter the United States with a birth certificate if the person is traveling under adult supervision with a public or private school group, religious group, social or cultural organization, or a youth sports team. Directs the Secretary of State and the Secretary of Homeland Security to establish a state driver's license and identity card enrollment program to permit a U.S. citizen with a qualifying driver's license or identity card or a Canadian citizen with a qualifying comparable document to enter the United States from Canada by land or sea without providing other citizenship documentation. Authorizes program expansion to include other countries. Directs the Secretary of Homeland Security to accept a birth certificate as proof of citizenship for any U.S. citizen who is traveling from one part of a state to a noncontiguous part of that state through Canada if: (1) the citizen cannot travel by land to such part of the state without traveling through Canada; and (2) the travel in Canada is limited to no more than two hours. Directs the Secretary of State, during the two-year period beginning on the date on which the Secretary of Homeland Security publishes a final rule in the Federal Register to carry out the Initiative, to: (1) provide one facility in each of at least six designated cites or ports of entry in which a passport or passport card may be procured without an execution fee; and (2) develop at least six mobile teams along the U.S. northern and southern borders to issue passports or other identity documents without an execution fee. Requires the Secretary of Homeland Security to do a cost-benefit analysis of the Initiative prior to publishing such final rule. States that Congress' intent in enacting section 546 of the Department of Homeland Security Appropriations Act, 2007 was to prevent the Secretary of Homeland Security from implementing the Initiative before the earlier of June 1, 2009, or the date on which the Secretary certifies to Congress that an alternative travel document (passport card) has been developed and widely distributed to eligible U.S. citizens. Amends the State Department Basic Authorities Act of 1956 to extend passport processing authorities for civil service and foreign service annuitants.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Encouraging Mortgage Modifications Act of 2008''. SEC. 2. FINDINGS. Congress finds that-- (1) mortgage modifications often afford the best opportunity to avoid foreclosures and provide long term, sustainable solutions for American homeowners; (2) reaching mortgage modification agreements with homeowners has been unacceptably slow and foreclosure rates continue to rise, with the number of homeowners forced into foreclosure double the number who receive modifications or repayment plans; (3) servicers have an obligation to protect the interests of investors when determining whether to offer a modification or repayment plan; (4) the best course of action for the investor pool as a whole may disadvantage the interests of individual classes of investors; (5) servicers have expressed concern that investor classes that are disproportionately disadvantaged by a modification or repayment plan may seek to hold the servicer liable; (6) without liability protection, many servicers will not be willing to take on the risk associated with approving a mortgage modification or repayment plan, and instead, they will eventually pursue foreclosure even though foreclosure costs can equal 50 percent or more of mortgage value; and (7) the net present value of a modified mortgage loan will almost always exceed the amount recouped by allowing the home to go into foreclosure. SEC. 3. LEGAL SAFE HARBOR FOR ENTERING INTO CERTAIN LOAN MODIFICATIONS OR WORKOUT PLANS. Section 6 of the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2605) is amended-- (1) by redesignating subsections (i) and (j) as subsections (j) and (k), respectively; and (2) by inserting after subsection (h) the following: ``(i) Duty of Servicers Regarding Certain Loan Modifications or Workout Plans.-- ``(1) In general.--Notwithstanding any other provision of law, absent specific contractual provisions to the contrary, a servicer of pooled qualified residential mortgages-- ``(A) owes any duty to determine if the net present value of the payments on the loan, as modified, is likely to be greater than the anticipated net recovery that would result from foreclosure to all investors and parties having a direct or indirect interest in the pooled loans or securitization vehicle, but not to any individual party or group of parties; and ``(B) acts in the best interests of all such investors and parties, if the servicer agrees to or implements a qualified loan modification or workout plan for a qualified residential mortgage, or if, and only if, such efforts are unsuccessful or infeasible, takes other reasonable loss mitigation actions, including accepting partial payments or short sale of the property; and ``(C) if the servicer acts in a manner consistent with the duty set forth in subparagraphs (A) and (B), shall not be liable under any law or regulation of the United States, any State or any political subdivision of any State, for entering into a qualified loan modification or workout plan in any action filed by or on behalf of any person-- ``(i) based on the person's ownership of any interest in a residential mortgage, a pool of residential mortgage loans, or a securitization vehicle, that distributes payments out of the principal, interest, or other payment on loans in the pool; ``(ii) based on the person's obligation to make payments determined in reference to any loan or interest referred to in clause (i); or ``(iii) based on the person's obligation to insure any loan or any interest referred to in clause (i). ``(2) Definitions.--As used in this subsection-- ``(A) the term `qualified loan modification or workout plan' means a contract, modification, or plan relating to a qualified residential mortgage loan consummated on or after January 1, 2004, with respect to which-- ``(i) payment default on the loan or loans has occurred, is imminent, or is reasonably foreseeable; ``(ii) the dwelling securing the loan or loans is the primary residence of the owner; ``(iii) the servicer reasonably believes that the anticipated recovery under the loan modification or workout plan will exceed the anticipated recovery through foreclosure, on a net present value basis; ``(iv) the effective period runs for at least 5 years from the date of adoption of the plan, or until the borrower sells or refinances the property, if that occurs earlier; and ``(v) the borrower is not required to pay additional fees to the servicer; ``(B) the term `qualified residential mortgage' means a consumer credit transaction or loan that is secured by the consumer's principal dwelling; ``(C) the term `securitization vehicle' means a trust, corporation, partnership, limited liability entity, special purpose entity, or other structure that is the issuer, or is created by the issuer, of mortgage pass-through certificates, participation certificates, mortgage-backed securities, or other similar securities backed by a pool of assets that includes residential mortgage loans; and ``(D) the term `servicer'-- ``(i) means the person responsible for servicing of a loan (including the person who makes or holds a loan, if such person also services the loan); and ``(ii) includes the entities listed in subparagraphs (A) and (B) of subsection (j)(2). ``(3) Effective period.--This subsection shall apply only with respect to qualified loan modification or workout plans initiated during the 6-month period beginning on the date of enactment of this subsection. ``(4) Rule of construction.--Nothing in this subsection may be construed to limit the ability of a servicer to enter into a loan modification or workout plan other than a qualified loan modification or workout plan covered by this subsection.''.

Summary: Encouraging Mortgage Modifications Act of 2008 - Amends the Real Estate Settlement Procedures Act of 1974 to set forth duties of mortgage servicers regarding certain loan modifications or workout plans that affect pooled qualified residential mortgages. Specifies among such duties the duty to: (1) determine if the net present value of the payments on the modified loan is likely to be greater than the anticipated net recovery that would result from foreclosure to all investors and parties having a direct or indirect interest in the pooled loans or securitization vehicle; and (2) act in the best interests of all such investors and parties, if the servicer agrees to or implements a qualified loan modification or workout plan for a qualified residential mortgage, or takes other reasonable loss mitigation actions, including accepting partial payments or short sale of the property, if such efforts are unsuccessful or infeasible. Shields from liability a servicer who enters into a qualified loan modification or workout plan if the servicer acts in a manner consistent with such duties.


SECTION 1. SHORT TITLE. This Act may be cited as the ``IMF Reform Act of 2000''. SEC. 2. REFORMS OF THE INTERNATIONAL MONETARY FUND. (a) In General.--The Bretton Woods Agreements Act (22 U.S.C. 286- 286nn) is amended by adding at the end the following: ``SEC. 63. REFORMS OF THE INTERNATIONAL MONETARY FUND. ``(a) Annual Reports.-- ``(1) Contents.--The Secretary of the Treasury shall submit annually to the Committee on Banking and Financial Services of the House of Representatives and the Committee on Foreign Relations of the Senate a written report on whether the Fund has complied with the requirements of subsection (b) throughout the 12-month period covered by the report. If, during such period, the Fund has instituted a quota increase, the report shall document the reasons why it is not feasible for the Fund to obtain sufficient funds from the private sector. ``(2) Effects of failure to submit report or failure to certify imf compliance with requirements.--If the Secretary of the Treasury fails to submit the report for a 12-month period before the beginning of the first fiscal year that begins after the end of the 12-month period, or if the report submitted pursuant to this section fails to comply with the preceding sentence or fails to certify that the Fund has complied with each requirement of subsection (b) throughout the 12-month period, then subsection (c) shall apply for such fiscal year. ``(b) Requirements.--The requirements of this subsection are the following: ``(1) Market interest rates.--The Fund is prohibited from charging, and does not charge, interest on any loan unless the interest rate is-- ``(A) except as provided in subparagraph (B), comparable to the rates of interest in the financial markets, adjusted for risk; and ``(B) is not less than 400 basis points greater than the London InterBank Offered Rate. ``(2) 1-year loan maturity.--The Fund is prohibited from making, and has not made, a loan with a maturity of more than 1 year after the date on which made. ``(3) Loans only to address currency crises.--The Fund is prohibited from making, and does not make, a loan except for the purpose of addressing a currency crisis. ``(4) Termination of esaf.--The Fund has abolished the Enhanced Structural Adjustment Facility of the Fund. ``(5) Release and reorganization of operational budgets.-- The Fund is required to, and does, publish each operational budget of the Fund, with any information that could disrupt financial markets or affect adversely the national security of any country redacted, and is required to, and does, reorganize and restate the publicly available financial statements of the Fund in a manner consistent with the Fund's code of good practices, and with the principles of transparency and accountability. ``(6) No loans for countries falsifying loan documents.-- The Fund is prohibited from making, and has not made, a loan to or for the benefit of the government of any country which the Secretary of the Treasury or the Fund has found during the preceding 5 years to have falsified any item of information on any loan documentation submitted to the Fund. In addition, the Fund is required to institute, and has implemented, accounting controls and safeguards to curb potential misuse of loans by borrowers, and in any case in which the controls and safeguards are considered insufficient to prevent such a misuse, the Fund is prohibited from making, and has not made, a loan. ``(7) Exhaustion of opportunities for private borrowing before instituting quota increase.--The Fund is required to exhaust, and has exhausted, all feasible opportunities to borrow from the private sector before instituting a quota increase for the member countries of the Fund. ``(c) Withdrawal of Authority To Make Loans to the Fund; Reduction of Reserve Tranche Position of the United States.--If this subsection applies for a fiscal year-- ``(1) the Secretary of the Treasury may not make a loan under section 17 during the fiscal year; and ``(2) the Secretary of the Treasury shall cause the reserve tranche position of the United States at the Fund to be maintained at a level that is not more than $5,000,000,000 less than the lesser of-- ``(A) in the case of the first fiscal year for which this subsection applies, the level of the reserve tranche position immediately before this subsection applies; or ``(B) in the case of any other fiscal year, the level at which this subsection required the reserve tranche position to be maintained during the most recent prior fiscal year for which this subsection applied.''. (b) Effective Date.--The amendment made by this section shall take effect 3 years after the date of the enactment of this section. SEC. 3. END OF UNITED STATES PARTICIPATION IN AND SUPPORT FOR THE ENHANCED STRUCTURAL ADJUSTMENT FACILITY OF THE INTERNATIONAL MONETARY FUND. (a) Prohibition on Future Funding.--No officer, employee, or agent of the United States may, directly or indirectly, provide any thing of value to the International Monetary Fund for the purpose of providing resources to, or supporting the activities of the Enhanced Structural Adjustment Facility or other concessional lending facility of the International Monetary Fund. (b) Veto of Use of Available Funds.--Section 5 of the Bretton Woods Agreements Act (22 U.S.C. 286c) is further amended by adding at the end the following: ``The director appointed to represent the United States at the Fund shall use every effort to terminate the Enhanced Structural Adjustment Facility of the Fund within one year after the date of the enactment of this sentence. No director appointed to represent the United States at the Fund shall vote for any proposal to use resources of the Enhanced Structural Adjustment Facility of the Fund for any purpose, except for a proposal to abolish the Facility and return any remaining resources to the member countries of the Fund in proportion to the quotas of such countries during calendar year 1975, or to General Resources of the Fund.''.

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


SECTION 1. SHORT TITLE. This Act may be cited as the ``District of Columbia College Access Improvement Act of 2002''. SEC. 2. PUBLIC SCHOOL PROGRAM. Section 3(c)(2) of the District of Columbia College Access Act of 1999 (sec. 38-2702(c)(2), D.C. Official Code) is amended by striking subparagraphs (A) through (C) and inserting the following: ``(A)(i) in the case of an individual who begins an undergraduate course of study within 3 calendar years (excluding any period of service on active duty in the armed forces, or service under the Peace Corps Act (22 U.S.C. 2501 et seq.) or subtitle D of title I of the National and Community Service Act of 1990 (42 U.S.C. 12571 et seq.)) of graduation from a secondary school, or obtaining the recognized equivalent of a secondary school diploma, was domiciled in the District of Columbia for not less than the 12 consecutive months preceding the commencement of the freshman year at an institution of higher education; ``(ii) in the case of an individual who graduated from a secondary school or received the recognized equivalent of a secondary school diploma before January 1, 1998, and is currently enrolled at an eligible institution as of the date of enactment of the District of Columbia College Access Improvement Act of 2002, was domiciled in the District of Columbia for not less than the 12 consecutive months preceding the commencement of the freshman year at an institution of higher education; or ``(iii) in the case of any other individual and an individual re-enrolling after more than a 3-year break in the individual's post-secondary education, has been domiciled in the District of Columbia for at least 5 consecutive years at the date of application; ``(B)(i) graduated from a secondary school or received the recognized equivalent of a secondary school diploma on or after January 1, 1998; ``(ii) in the case of an individual who did not graduate from a secondary school or receive a recognized equivalent of a secondary school diploma, is accepted for enrollment as a freshman at an eligible institution on or after January 1, 2002; or ``(iii) in the case of an individual who graduated from a secondary school or received the recognized equivalent of a secondary school diploma before January 1, 1998, is currently enrolled at an eligible institution as of the date of enactment of the District of Columbia College Access Improvement Act of 2002; ``(C) meets the citizenship and immigration status requirements described in section 484(a)(5) of the Higher Education Act of 1965 (20 U.S.C. 1091(a)(5));''. SEC. 3. PRIVATE SCHOOL PROGRAM. Section 5(c)(1)(B) of the District of Columbia College Access Act of 1999 (sec. 38-2704(c)(1)(B), D.C. Official Code) is amended by striking ``the main campus of which is located in the State of Maryland or the Commonwealth of Virginia''. SEC. 4. GENERAL REQUIREMENTS. Section 6 of the District of Columbia College Access Act of 1999 (sec. 38-2705, D.C. Official Code) is amended-- (1) by striking subsection (b) and inserting the following: ``(b) Administrative Expenses.-- ``(1) In general.--The Mayor of the District of Columbia may not use more than 7 percent of the total amount of Federal funds appropriated for the program, retroactive to the date of enactment of this Act (the District of Columbia College Access Act of 1999), for the administrative expenses of the program. ``(2) Definition.--In this subsection, the term `administrative expenses' means any expenses that are not directly used to pay the cost of tuition and fees for eligible students to attend eligible institutions.''; (2) by redesignating subsections (e) and (f) as subsections (f) and (g); (3) by inserting after subsection (d) the following: ``(e) Local Funds.--It is the sense of Congress that the District of Columbia may appropriate such local funds as necessary for the programs under sections 3 and 5.''; and (4) by adding at the end the following: ``(h) Dedicated Account for Programs.-- ``(1) Establishment.--The District of Columbia government shall establish a dedicated account for the programs under sections 3 and 5 consisting of the following amounts: ``(A) The Federal funds appropriated to carry out such programs under this Act or any other Act. ``(B) Any District of Columbia funds appropriated by the District of Columbia to carry out such programs. ``(C) Any unobligated balances in amounts made available for such programs in previous fiscal years. ``(D) Interest earned on balances of the dedicated account. ``(2) Use of funds.--Amounts in the dedicated account shall be used solely to carry out the programs under sections 3 and 5.''. SEC. 5. CONTINUATION OF CURRENT AGGREGATE LEVEL OF AUTHORIZATION OF APPROPRIATIONS. (a) In General.--The District of Columbia College Access Act of 1999 (sec. 38-2701 et seq., D.C. Official Code) is amended by adding at the end the following new section: ``SEC. 7. LIMIT ON AGGREGATE AMOUNT OF FEDERAL FUNDS FOR PUBLIC SCHOOL AND PRIVATE SCHOOL PROGRAMS. ``The aggregate amount authorized to be appropriated to the District of Columbia for the programs under sections 3 and 5 for any fiscal year may not exceed-- ``(1) $17,000,000, in the case of the aggregate amount for fiscal year 2003; ``(2) $17,000,000, in the case of the aggregate amount for fiscal year 2004; or ``(3) $17,000,000, in the case of the aggregate amount for fiscal year 2005.''. (b) Conforming Amendments.-- (1) Public school program.--Section 3(i) of such Act (sec. 38- 2702(i), D.C. Official Code) is amended by striking ``and such sums'' and inserting ``and (subject to section 7) such sums''. (2) Private school program.--Section 5(f) of such Act (sec. 38- 2704(f), D.C. Official Code) is amended by striking ``and such sums'' and inserting ``and (subject to section 7) such sums''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

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


SECTION 1. SHORT TITLE. This Act may be cited as the ``American Heroes Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Each State has chosen statues of 2 local heroes to exhibit in the Capitol. (2) Most of these heroes depict figures who lived during the early years of the Nation's history. (3) The completion of the construction of the Capitol Visitor Center will increase the size of the public space inside the Capitol complex, making more space available in which statues of noteworthy Americans should be displayed. (4) On September 11, 2001, the passengers of United Airlines flight number 93 made a unique contribution which helped to protect the Capitol from attack. SEC. 3. STATE HERO DESIGNATION. (a) In General.--Each State may provide 1 statue of an individual representing that State which shall be displayed in the Capitol Visitor Center. (b) Criteria for Heroes.--The statues displayed in the Capitol Visitor Center shall be depictions of individuals who participated in the life of the State they represent in ways that will inspire young Americans to embrace the ideals of the United States as reflected in the Constitution. (c) Selection of Heroes.--No statue shall be displayed in the Capitol Visitor Center unless the individual depicted in the statue was selected in the manner described in section 4. (d) American Hero Administrator.-- (1) In general.--The Clerk of the House of Representatives and the Secretary of the Senate shall jointly assign to 1 of their employees the post of the American Hero Administrator, with such term as agreed upon by the Clerk and the Secretary. (2) Statue guidelines.--The American Hero Administrator shall prepare guidelines establishing the size, weight, and other necessary restrictions to be placed on the statues to be displayed in the Capitol Visitor Center under this Act. SEC. 4. STATE AMERICAN HERO COMMISSIONS. (a) In General.--In order for a statue provided by a State to be placed in the Capitol Visitor Center under this Act, the State shall establish an American Hero Commission to select the individual to represent that State. (b) Duties of the Commission.-- (1) Selection of heroes.--Each American Hero Commission shall choose, by a majority vote, after considering any suggestions submitted under subsection (b), the individual whose statue will represent the State of that Commission. (2) Commission and delivery of statue.--Each American Hero Commission shall commission an artist to design and create the statue and shall arrange for the delivery of the statue to the Capitol Visitor Center. (3) Procurement of funds.--Each American Hero Commission shall raise private or State funds to pay for the cost of commissioning the statue and delivering it to the Capitol Visitor Center. (c) Commissioners.-- (1) Appointment.--Each American Hero Commission shall be comprised of commissioners who are appointed by Members of Congress. (2) Number.--Each Member of Congress shall appoint 1 commissioner to the American Hero Commission for that Member's State so that the total number of commissioners shall be equal to the number of Senators plus the number of Members of the House of Representatives for the State. (3) Qualifications.--Commissioners shall be individuals who are respected in their communities and who are residents in good standing of the State represented by the appointing Member. (4) Compensation.--Commissioners shall serve on the American Hero Commission without compensation. (5) Administration.--The commissioners of each American Hero Commission shall establish the rules, meeting schedules, and deadlines that they consider appropriate in carrying out their duties. (d) Consultation of Essays.-- (1) Request for essays.--Each American Hero Commission shall ask that young people who are between the ages of 14 and 18 and who live in the State to write essays suggesting individuals to represent the State in a statue displayed in the Capitol Visitor Center under this Act and to submit the essays to the Commission. (2) Consultation.--In determining who will represent their State, the commissioners of each American Hero Commission shall consider any individuals suggested in the essays submitted under paragraph (1). SEC. 5. STATUE HONORING THE PASSENGERS OF FLIGHT 93. (a) Procurement and Installation of Statue.--The Architect of the Capitol shall procure and install a statue honoring the passengers of United Airlines flight number 93 who died on September 11, 2001 for their heroic role in protecting Washington, DC from attack. (b) Authorization of Appropriations.--There is authorized to be appropriated such sums as may be necessary to carry out this section.

Summary: American Heroes Act - Authorizes each State to provide one statue of an individual representing that State to be displayed in the Capitol Visitor Center. Specifies criteria for such statues. Requires the Clerk of the House of Representatives and the Secretary of the Senate to assign jointly to one of their employees the post of the American Hero Administrator to prepare statue guidelines. Requires: (1) a State to establish an American Hero Commission to select the individual to represent that State; and (2) the Architect of the Capitol to procure and install a statue honoring the passengers of United Airlines flight number 93 who died on September 11, 2001, for their heroic role in protecting Washington, D.C. from attack.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Workplace Fairness Act of 1996''. SEC. 2. DISCRIMINATION PROHIBITED. A covered entity shall not subject an individual to different standards or treatment on any basis other than factors pertaining to job performance in connection with employment or employment opportunities, or beginning on the 91st day of employment following hire or rehire, the compensation, terms conditions, or privileges of employment. SEC. 3. QUOTAS PROHIBITED. A covered entity shall not adopt or implement a quota pursuant to this Act on any basis other than factors pertaining to job performance. SEC. 4. RELIGIOUS EXEMPTION. (a) In General.--Except as provided in subsection (b), this Act shall not apply to religious organizations. (b) For-Profit Activities.--This Act shall apply with respect to employment and employment opportunities that relate to any employment position that pertains solely to a religious organization's for-profit activities subject to taxation under section 511(a) of the Internal Revenue Code of 1986. SEC. 5. ENFORCEMENT. (a) Enforcement Powers.--With respect to the administration and enforcement of this Act in the case of a claim alleged by an individual for a violation of this Act-- (1) the Commission shall have the same powers as the Commission has to administer and enforce-- (A) title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.), or (B) sections 302, 303, and 304 of the Government Employee Rights Act of 1991 (2 U.S.C. 1202, 1203, and 1204), in the case of a claim alleged by such individual for a violation of such title or of section 302(a)(1) of such Act, respectively, (2) the Librarian of Congress shall have the same powers as the Librarian of Congress has to administer and enforce title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) in the case of a claim alleged by such individual for a violation of such title, (3) the Board (as defined in section 101 of the Congressional Accountability Act of 1995 (Public Law 104-1; 109 Stat. 3) shall have the same powers as the Board has to administer and enforce the Congressional Accountability Act of 1995 in the case of a claim alleged by such individual for a violation of section 201(a)(1) of such Act. (4) the Attorney General of the United States shall have the same powers as the Attorney General has to administer and enforce-- (A) title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.), or (B) sections 302, 303, and 304 of the Government Employee Rights Act of 1991 (2 U.S.C. 1202, 1203, 1204), in the case of a claim alleged by such individual for a violation of such title or of section 302(a)(1) of such Act, respectively, and (5) the courts of the United States shall have the same jurisdiction and powers as such courts have to enforce-- (A) title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) in the case of a claim alleged by such individual for a violation of such title, (B) sections 302, 303, and 304 of the Government Employee Rights Act of 1991 (2 U.S.C. 1202, 1203, 1204) in the case of a claim alleged by such individual for a violation of section 302(a)(1) of such Act, and (C) the Congressional Accountability Act of 1995 (Public Law 104-1; 109 Stat. 3) in the case of a claim alleged by such individual for a violation of section 201(a)(1) of such Act. (b) Procedures and Remedies.--The procedures and remedies applicable to a claim alleged by an individual for a violation of this Act are-- (1) the procedures and remedies applicable for a violation of title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) in the case of a claim alleged by such individual for a violation of such title, (2) the procedures and remedies applicable for a violation of section 302(a)(1) of the Government Employee Rights Act of 1991 (2 U.S.C. 1202(a)(1)) in the case of a claim alleged by such individual for a violation of such section, and (3) the procedures and remedies applicable for a violation of section 201(a)(1) of Congressional Accountability Act of 1995 (Public Law 104-1; 109 Stat. 3) in the case of a claim alleged by such individual for a violation of such section. (c) Other Applicable Provisions.--With respect to claims alleged by covered employees (as defined in section 101 of the Congressional Accountability Act of 1995 (Public Law 104-1; 109 Stat. 3)) for violations of this Act, title III of the Congressional Accountability Act of 1995 shall apply in the same manner as such title applies with respect to a claims alleged by such covered employees for violations of section 201(a)(1) of such Act. SEC. 7. STATE AND FEDERAL IMMUNITY. (a) State Immunity.--A State shall not be immune under the eleventh article of amendment to the Constitution of the United States from an action in a Federal court of competent jurisdiction for a violation of this Act. In an action against a State for a violation of this Act, remedies (including remedies at law and in equity) are available for the violation to the same extent as such remedies are available in an action against any public or private entity other than a State. (b) Liability of the United States.--The United States shall be liable for all remedies (excluding punitive damages) under this Act to the same extent as a private person and shall be liable to the same extent as a nonpublic party for interest to compensate for delay in payment. SEC. 8. ATTORNEYS' FEES. In any action or administrative proceeding commenced pursuant to this Act, the court or the Commission, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney's fee, including expert fees and other litigation expenses, and costs. The United States shall be liable for the foregoing the same as a private person. SEC. 9. POSTING NOTICES. A covered entity shall post notices for employees, and for applicants for employment, describing the applicable provisions of this Act in the manner prescribed by, and subject to the penalty provided under, section 711 of the Civil Rights Act of 1964 (42 U.S.C. 2000e- 10). SEC. 10. REGULATIONS. The Commission shall have authority to issue regulations to carry out this Act. SEC. 11. RELATIONSHIP TO OTHER LAWS. This Act shall not invalidate or limit the rights, remedies, or procedures available to an individual under title VII of the Civil Rights Act of 1964, or any other Federal law or any law of a State or political subdivision of a State. SEC. 12. SEVERABILITY. If any provision of this Act, or the application of such provision to any person or circumstance, is held to be invalid, the remainder of this Act and the application of such provision to other persons or circumstances shall not be affected thereby. SEC. 13. EFFECTIVE DATE. This Act shall take effect 60 days after the date of the enactment of this Act and shall not apply to conduct occurring before such effective date. SEC. 14. DEFINITIONS. As used in this Act: (1) The term ``Commission'' means the Equal Employment Opportunity Commission. (2) The term ``covered entity'' means an employer, employment agency, labor organization, joint labor management committee, an entity to which section 717(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(a)) applies, an employing authority to which section 302(a)(1) of the Government Employee Rights Act of 1991 (2 U.S.C. 1202(a)(1)) applies, or an employing authority to which section 201(a) of the Congressional Accountability Act of 1995 (Public Law 104-1; 109 Stat. 3) applies. (3) The term ``employer'' has the meaning given such term in section 701(b) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(b)), except that a reference in such section to employees shall be deemed for purposes of this Act to be a reference to full-time employees. (4) The term ``employment agency'' has the meaning given such term in section 701(c) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(c)). (5) The term ``employment or employment opportunities'' includes job application procedures, hiring, advancement, discharge, compensation, job training, or any other term, condition, or privilege of employment. (6) The term ``labor organization'' has the meaning given such term in section 701(d) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(d)). (7) The term ``person'' has the meaning given such term in section 701(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(a)). (8) The term ``factors pertaining to job performance'' means-- (A) employment history, including referrals from previous employers, (B) ability and willingness to comply with the performance requirements (including attendance and procedures) of the particular employment involved, (C) educational background, (D) any use of a drug or of alcohol, that may adversely affect job performance, (E) any conviction of an offense for which a term of imprisonment exceeding 1 year could have been imposed, (F) any conflict of interest relating to the particular employment involved, (G) seniority recognized under an applicable bona fide seniority system, (H) ability to work well with others (cooperation and teamwork), and (I) insubordination. (9) The term ``religious organization'' means-- (A) a religious corporation, association, or society, or (B) a college, school, university, or other educational institution, not otherwise a religious organization, if-- (i) it is in whole or substantial part controlled, managed, owned, or supported by a religious corporation, association, or society, or (ii) its curriculum is directed toward the propagation of a particular religion. (10) The term ``State'' has the meaning given such term in section 701(i) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(i)).

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


SECTION 1. SHORT TITLE. This Act may be cited as the ``Fair Wage Act''. SEC. 2. MINIMUM WAGE INCREASES. (a) Minimum Wage.-- (1) In general.--Section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)) is amended to read as follows: ``(1) except as otherwise provided in this section, not less than-- ``(A) $8.00 an hour, beginning 30 days after the date of enactment of the Fair Wage Act or January 1, 2017, whichever date is earlier; ``(B) $9.00 an hour, beginning 1 year after the date the wage specified in subparagraph (A) takes effect; ``(C) $10.00 an hour, beginning 2 years after such date; ``(D) $11.00 an hour, beginning 3 years after such date; ``(E) $12.00 an hour, beginning 4 years after such date; ``(F) $13.00 an hour, beginning 5 years after such date; ``(G) $14.00 an hour, beginning 6 years after such date; ``(H) $15.00 an hour, beginning 7 years after such date; and ``(I) beginning 8 years after such date, and annually thereafter, the amount determined by the Secretary pursuant to subsection (h).''. (2) Determination based in increase in consumer price index.--Section 6 of the Fair Labor Standards Act of 1938 (29 U.S.C. 206) is amended by adding at the end the following: ``(h)(1) Each year, by not later than the date that is 90 days before a new minimum wage determined under subsection (a)(1)(I) is to take effect, the Secretary shall determine the minimum wage to be in effect pursuant to this subsection for the subsequent 1-year period. The wage determined pursuant to this subsection for a year shall be-- ``(A) not less than the amount in effect under subsection (a)(1) on the date of such determination; ``(B) increased from such amount by the annual percentage increase in the Consumer Price Index for Urban Wage Earners and Clerical Workers (United States city average, all items, not seasonally adjusted), or its successor publication, as determined by the Bureau of Labor Statistics; and ``(C) rounded to the nearest multiple of $0.05. ``(2) In calculating the annual percentage increase in the Consumer Price Index for purposes of paragraph (1)(B), the Secretary shall compare such Consumer Price Index for the most recent month, quarter, or year available (as selected by the Secretary prior to the first year for which a minimum wage is in effect pursuant to this subsection) with the Consumer Price Index for the same month in the preceding year, the same quarter in the preceding year, or the preceding year, respectively.''. (b) Publication of Notice.--Section 6 of the Fair Labor Standards Act of 1938 (as amended by subsection (a)) (29 U.S.C. 206) is further amended by adding at the end the following: ``(i) Not later than 60 days prior to the effective date of any increase in the minimum wage determined under subsection (h), the Secretary shall publish in the Federal Register and on the website of the Department of Labor a notice announcing the adjusted required wage.''. SEC. 3. CREDIT AGAINST EMPLOYMENT TAXES OF CERTAIN EMPLOYERS WHO PAY MORE THAN THE FEDERAL MINIMUM WAGE. (a) In General.--Subchapter B of chapter 21 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 3113. CREDIT FOR CERTAIN EMPLOYERS WHO PAY MORE THAN THE FEDERAL MINIMUM WAGE. ``(a) In General.--In the case of a qualified employer, there shall be allowed as a credit against the tax imposed under section 3111 an amount equal to 6.2 percent of the wages paid by such employer to qualified employees during the calendar year. ``(b) Qualified Employer.--For purposes of this section, the term `qualified employer' means any employer for any calendar year if the lowest hourly wage paid by such employer to the lowest paid employee of such employer (determined on an hourly basis) exceeds the minimum hourly wage in effect for such calendar year under section 6(a)(1) of the Fair Labor Standards Act of 1938 by $1 or more per hour. ``(c) Qualified Employee.--For purposes of this section, the term `qualified employee' means any employee of a qualified employer if-- ``(1) such employee is compensated in wages on an hourly basis, and ``(2) such hourly wage is-- ``(A) not less than $1 more per hour than the minimum hourly wage in effect under section 6(a)(1) of the Fair Labor Standards Act of 1938, ``(B) not more than $15 per hour, and ``(C) in the case of any employee employed by such employer in any preceding calendar year, greater than the highest hourly wage paid by such employer to such employee during any such preceding calendar year. ``(d) Special Rules.--Wages shall be taken into account in determining the amount of the credit allowed under subsection (a) only if such wages are paid by the employer-- ``(1) with respect to employment (as defined in section 3121(b)), and ``(2) in the ordinary course of the employer's trade or business.''. (b) Trust Funds Held Harmless.--The amount of any transfer, appropriation, or credit to any trust fund shall be determined without regard to the amendment made by subsection (a). (c) Effective Date.--The amendment made by subsection (a) shall apply to wages paid after the date that is 30 days after the date of enactment of this Act or January 1, 2017, whichever date is earlier.

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


SECTION 1. SHORT TITLE. This Act may be cited as the ``Congressional Openness Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds that-- (1) it is often burdensome, difficult, and time-consuming for citizens to obtain timely access to public records of the United States Congress; (2) congressional documents that are placed in the Congressional Record are made available to the public electronically by the Superintendent of Documents under the direction of the Public Printer; (3) other congressional documents are also made available electronically on websites maintained by Members of Congress and committees of the Senate and the House of Representatives; (4) a wide range of public records of the Congress remain inaccessible to the public; (5) the public should have easy and timely access, including electronic access, to public records of the Congress; (6) the Congress should use new technologies to enhance public access to public records of the Congress; and (7) an informed electorate is the most precious asset of any democracy. (b) Purpose.--The purposes of this Act are-- (1) to foster democracy by ensuring public access to public records of the Congress; (2) to improve public access to public records of the Congress; and (3) to enhance the electronic public access, including access via the Internet, to public records of the Congress. SEC. 3. AVAILABILITY OF CERTAIN CRS INFORMATION. (a) Availability of Information.-- (1) In general.--The Director of the Congressional Research Service shall make available through a centralized electronic database, for purposes of access and retrieval by the public under section 5 of this Act, all information described in paragraph (2) that is available through the Congressional Research Service website. (2) Information to be made available.--The information to be made available under paragraph (1) is: (A) Congressional Research Service Issue Briefs. (B) Congressional Research Service Reports that are available to Members of Congress through the Congressional Research Service website. (C) Congressional Research Service Authorization of Appropriations Products and Appropriations Products. (b) Limitations.-- (1) Confidential information.--Subsection (a) does not apply to-- (A) any information that is confidential, as determined by-- (i) the Director; or (ii) the head of a Federal department or agency that provided the information to the Congressional Research Service; or (B) any documents that are the product of an individual, office, or Committee research request (other than a document described in section 3(a)(2)). (2) Redaction and revision.--In carrying out this section, the Director of the Congressional Research Service may-- (A) remove from the information required to be made available under subsection (a) the name and phone number of, and any other information regarding, an employee of the Congressional Research Service; (B) remove from the information required to be made available under subsection (a) any material for which the Director determines that making it available under subsection (a) may infringe the copyright of a work protected under title 17, United States Code; and (C) make any changes in the information required to be made available under subsection (a) that the Director determines necessary to ensure that the information is accurate and current. (c) Time.--The Director of the Congressional Research Service shall make available all information required under this section no earlier than 30 days and no later than 40 days after the date on which the information is first made available to Members of Congress through the Congressional Research Service web site. (d) Manner.--The Director of the Congressional Research Service shall make information required to be made available under this section in a manner that-- (1) is practical and reasonable; and (2) does not permit the submission of comments from the public. SEC. 4. PUBLIC RECORDS OF THE CONGRESS. (a) Senate.--The Secretary of the Senate, through the Office of Public Records and in accordance with such standards as the Secretary may prescribe, shall make available on the Internet for purposes of access and retrieval by the public: (1) Lobbyist disclosure reports.--Lobbyist disclosure reports required by the Lobbying Disclosure Act of 1995 (2 U.S.C. 1601 et seq.) within 90 days (Saturdays, Sundays, and holidays excepted) after they are received. (2) Gift rule disclosure reports.--Senate gift rule disclosure reports required under paragraph 2 and paragraph 4(b) of rule XXXV of the Standing Rules of the Senate within 5 days (Saturdays, Sundays, and holidays excepted) after they are received. (b) Directory.--The Superintendent of Documents, under the direction of the Public Printer in the Government Printing Office, shall include information about the documents made available on the Internet under this section in the electronic directory of Federal electronic information required by section 4101(a)(1) of title 44, United States Code. SEC. 5. METHOD OF ACCESS. (a) In General.--The information required to be made available to the public on the Internet under this Act shall be made available as follows: (1) CRS information.--Public access to information made available under section 3 shall be provided through the websites maintained by members and committees of the Senate. The Director of the Congressional Research Service shall work with the Sergeant-at-Arms of the Senate to carry out this paragraph. (2) Public records.--Public access to information made available under section 4 by the Secretary of the Senate's Office of Public Records shall be provided through the United States Senate website. (b) Editorial Responsibility for CRS Reports Online.--The Director of the Congressional Research Service is responsible for maintaining and updating the information made available on the Internet under section 3, and shall have sole discretion to edit that information under this Act. (c) Further Approval Not Required.--Notwithstanding any other provision of law to the contrary, the Director of the Congressional Research Service shall make the information required to be made available under section 3 of this Act without the prior approval of the Senate Committee on Rules and Administration, the Committee on House Oversight of the House of Representatives, or the Joint Committee on Printing. SEC. 6. CONGRESSIONAL COMMITTEE MATERIALS. It is the sense of the Senate that each standing and special committee of the Senate and each Joint Committee of the Congress, in accordance with such rules as the committee may adopt, should provide access via the Internet to publicly-available committee information, documents, and proceedings, including bills, reports, and transcripts of committee meetings that are open to the public.

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


SECTION 1. SHORT TITLE. This Act may be cited as the ``Homeowners Empowerment and Protection Act of 1995''. SEC. 2. FINDINGS. The Congress finds and declares that-- (1) there are 65,000,000 homeowners in the United States, representing approximately two-thirds of all households, who have a strong and justified interest in preserving and enhancing the value of their property; (2) the value of a homeowner's home is based in large part on the location of the property relative to other features of the built and natural environment, and the increase or decrease in the value of a home over time is inextricably linked to changes in the quality of the neighborhood and environment in which the home is located, including but not limited to the quality of the water for drinking, fishing, and swimming, the clarity and healthfulness of the air, the risk of flooding, the scenic beauty of the community, the presence or absence of offensive odors and excessive noise, the health and abundance of wildlife resources, and other factors; (3) the value of homes in the United States is frequently reduced, and sometimes destroyed, by certain types of land development, industrial activity, and other actions that occur on neighboring properties or at other locations, including sites upwind, upstream, or upslope from private homes; (4) protecting private homeowners from the adverse affects of irresponsible actions of certain entities and individuals which cause injury to homeowners' property values is important not only to homeowners but also to their communities and society as a whole; and (5) current public information and participation procedures are often insufficient to provide individual homeowners with notice of activities and the opportunity to effectively participate in decisionmaking procedures that have the potential to significantly affect the value of their homes. SEC. 3. HOMEOWNER RIGHT OF ACCESS TO INFORMATION ABOUT ACTIVITIES THAT COULD REDUCE THE VALUE OF THEIR HOMES. (a) Notice.-- (1) General requirement.--Within 90 days after the enactment of this Act, the Director of the Office of Management and Budget shall establish uniform Federal procedures applicable to all agencies under this section. In accordance with such procedures, each agency shall require any person required to file any application to conduct property impacting activity with the agency to provide the notice described in this section. The Director shall designate a lead agency in the case of any application under this section that involves more than one agency. (2) Application to conduct property impacting activity.-- For purposes of this section, the term an ``application to conduct property impacting activity'' means an application for a permit, license, or other approval form, or contract, lease, or other arrangement, with an agency, that would authorize the applicant, pursuant to Federal law, to conduct an activity that generates pollutants or produces other adverse impacts with the potential to reduce the value of any private home. (3) Homeowners required to receive notice.--The notice under this section shall be provided by delivery, by certified mail, of individual written notice to each homeowner whose property lies within \1/4\ mile of the perimeter of the site at which the activity that is the subject of the application will be carried out. The applicant shall also publish notice under this subsection at least 3 times in the newspapers of general circulation in the affected community. The agency may also provide notice under this subsection by mail to the owner of any home identified by the agency as reasonably likely to suffer a reduction in value as a result of the proposed activity. (4) Notice contents.--The notice referred to in paragraph (2) shall describe the nature of the application to conduct property impacting activity, the potential impacts of the proposed activity on the value of private homes, potential impacts on homeowners and other members of the public, the name and telephone number of the applicant and an agency representative assigned to provide further information about the application, and any opportunities available for homeowner or other affected members of the public to comment on the proposed activity. (b) Public Response; Identification of Alternatives to Reduce Property Impacts.--In addition to and not in lieu of any other procedures established by law, each agency shall establish a toll-free telephone number which homeowners may call to register concerns about the potential effects on property values of an application for a proposed activity or to request additional information concerning applications to conduct property impacting activities filed with the agency and opportunities to submit public comment. If requested by an applicant or any homeowner whose property is reasonably likely to suffer a reduction in value as a result of the activity to be authorized by such application, the agency shall thoroughly investigate the potential impact of the proposed activity on the value of private homes, and seek to identify alternatives to the proposed action which reduce the adverse effects on the value of private homes. SEC. 4. HOMEOWNER RIGHT OF ACTION. (a) Right of Action.--Whenever any person has carried out any activity that-- (1) is authorized (or required to be authorized) by a permit, license, or other approval issued by an agency or pursuant to Federal law to such person, or by a contract, lease, or other arrangement between such person and an agency, and (2) generates pollutants or produces other adverse impacts that cause or significantly contribute to a total reduction in the value of one or more private homes of $10,000 or more, any owner of a private home, the value of which is reduced by such activity, may commence an action against such person under this section. (b) Notice of Intent to Sue and Voluntary Claim Resolution Procedures.--At least 30 days prior to filing an action under this section, a homeowner shall deliver a notice of intent to sue to the defendant and to the head of the agency to which the application to conduct property impacting activity is submitted or required to be submitted or which has authority to enter into the contract, lease, or other arrangement. If either the homeowner or the defendant requests that the agency resolve the claim, the agency head shall convene a meeting of the parties and use his or her best efforts to arrive at a just resolution of the claim in order to avoid unnecessary litigation costs. Such efforts shall not affect the right of the homeowner to bring an action under this section at any time after the expiration of the 30-day period referred to in this subsection. (c) Burden of Proof.--In any action under this section, the homeowner shall have the burden of demonstrating that the activity conducted by the defendant caused or contributed to a reduction in the value of the homeowner's home. (d) Class Actions.--Similarly affected homeowners are authorized to file suit under this section in accordance with rule 23 of the Federal Rules of Civil Procedure in Federal district court in the district where his or her home is located. (e) Remedy.--Any homeowner authorized to bring suit under this section shall be entitled to recover an amount equal to the reduction in the value of the homeowner's home caused or significantly contributed to by the activity referred to in subsection (a), except that such compensation may not exceed the median value (as determined by the court) of all private homes in the immediate vicinity of the homeowner's home. (f) Attorneys Fees.--Any homeowner who receives compensation under this section shall be awarded reasonable attorney's fees, including the cost of expert witnesses and other reasonable costs. (g) Injunction.--In addition to providing compensation under this section, whenever any activity that is the subject of an action under this section constitutes a violation of any Federal statute, regulation, permit, license, contract, lease, or other arrangement or form of approval, the court may enjoin such activity. (h) Jurisdiction.--The United States district court shall have original jurisdiction, concurrent with State courts, of any action brought under this section. (i) Frivolous or Otherwise Improper Lawsuits.--If the court dismisses any action under this section after finding that the plaintiff's case was frivolous, dilatory, abusive, or brought to harass the defendant or for any other improper purpose, in addition to any other sanction available to the court under the Federal Rules of Civil Procedure, the court may, upon motion by the defendant, order the plaintiff to pay the defendant's reasonable attorney's fees and other expenses reasonably incurred by the defendant in participating in the litigation. (j) Statute of Limitations.--No action may be brought under this section with respect to any private home or homes after the date 5 years after the date on which the total reduction in the value of such home or homes has reached $10,000. (k) Savings Provisions.-- (1) Prohibition of limitation on other claims.--No provision of this Act shall be construed to limit the rights of any person to pursue any claim or cause of action under the Constitution or any other law (including a claim or cause of action concerning real or personal property). (2) Prohibition of use as condition precedent.-- Commencement of a suit under this Act, or receipt of compensation under this Act, shall not be a condition precedent for any claim or cause of action under any other authority of law. SEC. 5. EFFECTIVE DATE. This Act shall apply to each permit, license, or other form of approval issued by an agency after the date 180 days after the enactment of this Act and to each contract, lease, or other arrangement entered into by an agency after the date 180 days after the enactment of this Act. SEC. 6. DEFINITIONS. As used in this Act: (1) Agency.--The term ``agency'' has the meaning given that term in section 551(1) of title 5, United States Code. (2) Potential to reduce the value.--An activity that generates pollutants or produces other adverse impacts shall be considered to have the potential to reduce the value of any private home whenever such activity may result in physical damage or any other unlawful or objectively unreasonable interference with the use and enjoyment of a private home. (3) Private home.--The term ``private home'' means any owner occupied dwelling, including any multi-family dwelling and any condominium. (4) Reduction in value.--For any private home affected by an activity referred to in section 4, the term ``reduction in value'' means the difference (estimated based on values at the time an action is brought under this section) between the fair market value of the home, and the fair market value of the home in the absence of such activity. (5) Person.--The term ``person'' means any individual, corporation, partnership, or other organization or entity other than a Federal, State, or local government agency.

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