SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Skilled Worker Immigration and Fairness Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. H-1B visas. Sec. 3. Employment-based immigration. Sec. 4. H-1B visa fraud and abuse protections. SEC. 2. H-1B VISAS. (a) Exemptions to Numerical Limitations.-- (1) In general.--Section 214(g)(5) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(5)) is amended-- (A) in subparagraph (C), by striking ``until the number of aliens who are exempted from such numerical limitation during such year exceeds 20,000.'' and inserting ``or has been awarded a medical specialty certification based on post-doctoral training and experience in the United States; or''; and (B) by adding at the end the following: ``(D) has earned a masters or higher degree in science, technology, engineering, or mathematics from an institution of higher education outside of the United States.''. (2) Applicability.--The amendments made by paragraph (1) shall apply to-- (A) any petition or visa application pending on the date of the enactment of this Act; and (B) any petition or visa application filed on or after such date. (b) Market-Based Visa Limits.--Section 214(g) of such Act (8 U.S.C. 1184(g)), as amended by subsection (a), is further amended-- (1) in paragraph (1)-- (A) in the matter preceding subparagraph (A), by striking ``(beginning with fiscal year 1992)''; and (B) in subparagraph (A), by striking clauses (i) through (vii) and inserting the following: ``(i) 115,000 in fiscal year 2007; and ``(ii) in fiscal year 2008, and in each subsequent fiscal year, the greater of-- ``(I) 115,000; or ``(II) the number calculated under paragraph (9);''; (2) in paragraph (8)-- (A) in subparagraph (B), by striking clause (iv); and (B) by striking subparagraph (D); (3) by redesignating paragraphs (9), (10), and (11) as paragraphs (10), (11), and (12), respectively; and (4) by inserting after paragraph (8) the following: ``(9) If the numerical limitation under paragraph (1)(A)-- ``(A) is reached during a given fiscal year, the numerical limitation under paragraph (1)(A) for the subsequent fiscal year shall be equal to the lesser of-- ``(i) 120 percent of the numerical limitation for the given fiscal year; or ``(ii) 180,000; and ``(B) is not reached during a given fiscal year, the numerical limitation under paragraph (1)(A) for the subsequent fiscal year shall be equal to the numerical limitation for the given fiscal year.''. SEC. 3. EMPLOYMENT-BASED IMMIGRATION. (a) In General.--Section 201(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(1)) is amended by adding at the end the following: ``(F) Aliens who have earned a master's or higher degree from an accredited university in the United States. ``(G) Aliens who-- ``(i) have earned an advanced degree in science, technology, engineering, or mathematics; and ``(ii) have been working in a related field in the United States under a nonimmigrant visa during the 3- year period preceding their application for an immigrant visa under section 203(b). ``(H) Aliens who-- ``(i) are described in subparagraph (A) or (B) of section 203(b)(1); or ``(ii) have received a national interest waiver under section 203(b)(2)(B). ``(I) The immediate relatives of an alien who is admitted as an employment-based immigrant under section 203(b).''. (b) Adjustment of Status for Employment-Based Immigrants.-- (1) In general.--Section 245 of the Immigration and Nationality Act (8 U.S.C. 1255) is amended by adding at the end the following: ``(n) Adjustment of Status to Employment-Based Immigrant.-- ``(1) Eligibility.--An alien, and any eligible dependents of such alien, may file an application for adjustment of status with the Secretary of Homeland Security, whether or not an employment-based immigrant visa is immediately available at the time the application is filed, if-- ``(A) a petition filed under subparagraph (E) or (F) of section 204(a)(1) on behalf of the alien has been approved; or ``(B) in the discretion of the Secretary, the adjudication of such petition is pending. ``(2) Visa availability.--An application filed under paragraph (1) may not be approved until the appropriate employment-based immigrant visa becomes available under section 203(b). ``(3) Fees.--If an employment-based immigrant visa is not available on the date on which an application is filed under paragraph (1), a supplemental fee of $500 shall be paid on behalf of the beneficiary of such application. Such fee may not be charged with respect to any dependent accompanying or following to join such beneficiary. ``(o) Extension of Employment Authorization and Advanced Parole Document.--The Secretary of Homeland Security-- ``(1) shall issue a 3-year employment authorization and 3- year advanced parole document to any beneficiary of an application for adjustment of status if a petition has been filed or is pending under subparagraph (E) or (F) of section 204(a)(1); and ``(2) may adjust fees assessed under this section in accordance to the 3-year period of validity assigned to the employment authorization or advanced parole documents issued under subparagraph (1).''. (2) Use of fees.--Section 286 of such Act (8 U.S.C. 1356) is amended-- (A) in subsection (m), by striking ``provisions of law, all adjudication fees'' and inserting ``provision of law, all adjudication fees and the fees collected under section 245(n)(3)''; and (B) in subsection (n)-- (i) by striking ``All deposits'' and inserting the following: ``(1) Except as provided in paragraph (2), all deposits''; and (ii) by adding at the end the following: ``(2) All deposits in the Immigration Examinations Fee Account that were originally collected under section 245(n)(3) shall be used to clear security background check delays.''. (c) Applicability.--The amendments made by subsections (a) and (b) shall apply to any visa application-- (1) pending on the date of the enactment of this Act; or (2) filed on or after such date. SEC. 4. H-1B VISA FRAUD AND ABUSE PROTECTIONS. (a) Prohibition Against Advertising Exclusively to H-1B Nonimmigrants.--Section 212(n)(1) of the Immigration and Nationality Act (8 U.S.C. 1182(n)(1)) is amended-- (1) by redesignating subparagraph (G) as subparagraph (H); (2) by inserting after subparagraph (H), as redesignated, the following: ``(I) The employer has not advertised the available jobs specified in the application in an advertisement that states or indicates that-- ``(i) the jobs are only available to persons who are, or may become, H-1B nonimmigrants; or ``(ii) persons will receive priority or preference in the hiring process because they are, or may become, H-1B nonimmigrants.''; and (3) in the undesignated paragraph at the end, by striking ``The employer'' and inserting the following: ``(K) The employer''. (b) Limit on Percentage of H-1B Employees.--Section 212(n)(1) of such Act, as amended by this section, is further amended by inserting after subparagraph (I), as added by subsection (a)(1), the following: ``(J) If the employer employs 50 or more employees in the United States, not more than 50 percent of such employees are H-1B nonimmigrants.''. (c) Safeguards Against Fraud and Misrepresentation in Application Review Process.--Section 212(n)(1)(K) of such Act, as designated by subsection (a)(2), is amended-- (1) by inserting ``, clear indicators of fraud, misrepresentation of material fact,'' after ``completeness''; (2) by striking ``or obviously inaccurate'' and inserting ``, presents clear indicators of fraud or misrepresentation of material fact, or is obviously inaccurate''; and (3) by adding at the end the following: ``If the Secretary's review of an application identifies clear indicators of fraud or misrepresentation of material fact, the Secretary may conduct an investigation and hearing under paragraph (2).''. (d) Investigations by Department of Labor.--Section 212(n)(2) of such Act is amended-- (1) in subparagraph (A), by striking ``12 months'' and all that follows and inserting ``24 months after the date of the failure or misrepresentation, respectively. Upon the receipt of such a complaint, the Secretary may initiate an investigation to determine if such a failure or misrepresentation has occurred.''; (2) in subparagraph (C)(i)-- (A) by striking ``a condition of paragraph (1)(B), (1)(E), or (1)(F)'' and inserting ``a condition under subparagraph (B), (C), (E), (F), (H), (I), or (J) of paragraph (1)''; and (B) by striking ``paragraph (1)(C), (1)(D), or (1)(G)(i)(I)'' and inserting ``subparagraph (C), (D) or (G)(i)(I) of paragraph (1)''; (3) in subparagraph (G)-- (A) in clause (i), by striking ``if the Secretary'' and all that follows and inserting ``with regard to the employer's compliance with the requirements under this subsection.''; (B) in clause (ii), by striking ``and whose identity'' and all that follows through ``failure or failures.'' and inserting ``the Secretary of Labor may conduct an investigation into the employer's compliance with the requirements under this subsection.''; (C) in clause (iii), by striking the last sentence; (D) by striking clauses (iv) and (v); (E) by redesignating clauses (vi), (vii), and (viii) as clauses (iv), (v), and (vi), respectively; (F) in clause (iv), as redesignated, by striking ``meet a condition'' and all that follows and inserting ``comply with the requirements under this subsection, unless the Secretary of Labor receives the information not later than 24 months after the date of the alleged failure.''; (G) by amending clause (v), as redesignated, to read as follows: ``(v) The Secretary of Labor shall provide notice to an employer of the intent to conduct an investigation. The notice shall be provided in such a manner, and shall contain sufficient detail, to permit the employer to respond to the allegations before an investigation is commenced. The Secretary is not required to comply with this clause if the Secretary determines that such compliance would interfere with an effort by the Secretary to investigate the employer or secure the employer's compliance with this subsection. A determination by the Secretary under this clause is not subject to judicial review.''; (H) in clause (vi), as redesignated, by striking ``An investigation'' and all that follows through ``the determination.'' and inserting ``If the Secretary of Labor, after an investigation under clause (i) or (ii), determines that a reasonable basis exists to make a finding that the employer has failed to comply with the requirements under this subsection, the Secretary shall provide interested parties with notice of such determination and an opportunity for a hearing in accordance with section 556 of title 5, United States Code, not later than 120 days after the date of such determination.''; and (I) by adding at the end the following: ``(vii) If the Secretary of Labor, after a hearing, finds a reasonable basis to believe that the employer has violated a requirement under this subsection, the Secretary may impose a penalty under subparagraph (C).''; (4) by redesignating subparagraph (I) as subparagraph (J). (e) Additional Department of Labor Employees.-- (1) In general.--The Secretary of Labor is authorized to hire 200 additional employees to administer, oversee, investigate, and enforce programs involving H-1B nonimmigrant workers. (2) Authorization of appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this subsection. (f) Schedule of Fees.--Section 214(c)(12)(C) of the Immigration and Nationality Act (8 U.S.C. 1184(c)(12)(C)) is amended by striking ``$500'' and inserting ``$1,000''. (g) Information Sharing Between Department of Labor and Department of Homeland Security.--Section 212(n)(2) of such Act, as amended by this section, is further amended by inserting after subparagraph (H) the following: ``(I) If any information contained in the materials submitted by employers of H-1B nonimmigrants as part of the adjudication process indicates that the employer is not complying with the requirements under this subsection, the Director of United States Citizenship and Immigration Services shall provide such information to the Secretary of Labor. The Secretary may initiate and conduct an investigation and hearing under this paragraph after receiving such information.''. (h) Audits.--Section 212(n)(2)(A) of such Act, as amended by this section, is further amended by adding at the end the following: ``The Secretary may conduct surveys regarding the degree to which employers comply with the requirements under this subsection and may conduct annual compliance audits of employers of H-1B nonimmigrants. The Secretary shall conduct annual compliance audits of not less than 1 percent of the employers of H-1B nonimmigrants during the applicable calendar year. The Secretary shall conduct annual compliance audits of each employer with more than 100 employees who work in the United States if more than 15 percent of such employees are H-1B nonimmigrants.''. (i) Penalties.--Section 212(n)(2)(C) of such Act, as amended by this section, is further amended-- (1) in clause (i)(I), by striking ``$1,000'' and inserting ``$2,000''; (2) in clause (ii)(I), by striking ``$5,000'' and inserting ``$10,000''; and (3) in clause (vi)(III), by striking ``$1,000'' and inserting ``$2,000''. (j) Information Provided to H-1B Nonimmigrants Upon Visa Issuance.--Section 212(n) of such Act, as amended by this section, is further amended by adding at the end the following: ``(6)(A) Upon providing H-1B nonimmigrant status to an alien in the United States, the office processing the petition for such status shall provide the applicant with-- ``(i) a brochure outlining the employer's obligations and the employee's rights under Federal law, including labor and wage protections; and ``(ii) the contact information for Federal agencies that can offer more information or assistance in clarifying employer obligations and workers' rights. ``(B) Upon issuing an H-1B nonimmigrant visa to an alien outside the United States, the officer of the Department of State shall provide the applicant with the items described in clauses (i) and (ii) of subparagraph (A).''.

Summary: Skilled Worker Immigration and Fairness Act - Amends the Immigration and Nationality Act to exempt from the annual H-1B (specialty occupation/fashion models) visa cap an alien who has: (1) earned a master's or higher degree in science, technology, engineering, or mathematics from an institution of higher education outside of the United States; or (2) been awarded a medical specialty certification based on post-doctoral training and experience in the United States. Sets H-1B annual limits at: (1) 115,000 for FY2007; and (2) for each subsequent fiscal year, the greater of 115,000 or a market-based calculation. Exempts from numerical limitations on employment-based immigrants: (1) aliens who have earned advanced degrees in science, technology, engineering, or math and have been working in their fields in the United States under a nonimmigrant visa in the three years prior to filing for adjustment; (2) recipients of national interest waivers; and (3) immediate relatives of employment-based immigrants. Permits an alien (and dependents) to file for adjustment of status whether or not an employment-based immigrant visa is immediately available if: (1) a petition on behalf of the alien has been approved; or (2) adjudication of such petition is pending. Revises H-1B provisions with respect to: (1) application fraud and misrepresentation; (2) employer penalties; (3) Department of Labor investigations; (4) Department of Labor and Department of Homeland Security (DHS) information sharing; (5) information provided to an H-1B nonimmigrant upon visa issuance; (6) prohibiting H-1B-exclusive employment advertising; and (7) prohibiting an employer of fewer than 50 employees in the United States from having more than 50% H-1B nonimmigrant employees.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Liberian Refugee Immigration Fairness Act of 2015''. SEC. 2. ADJUSTMENT OF STATUS. (a) Adjustment of Status.-- (1) In general.-- (A) Eligibility.--Except as provided under subparagraph (B), the Secretary of Homeland Security shall adjust the status of an alien described in subsection (b) to that of an alien lawfully admitted for permanent residence if the alien-- (i) applies for adjustment not later than 1 year after the date of the enactment of this Act; and (ii) is otherwise eligible to receive an immigrant visa and admissible to the United States for permanent residence, except that, in determining such admissibility, the grounds for inadmissibility specified in paragraphs (4), (5), (6)(A), and (7)(A) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)) shall not apply. (B) Ineligible aliens.--An alien shall not be eligible for adjustment of status under this section if the Secretary of Homeland Security determines that the alien-- (i) has been convicted of any aggravated felony (as defined in section 101(a)(43) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(43)); (ii) has been convicted of 2 or more crimes involving moral turpitude; or (iii) has ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion. (2) Relationship of application to certain orders.-- (A) In general.--An alien present in the United States who has been subject to an order of exclusion, deportation, or removal, or has been ordered to depart voluntarily from the United States under any provision of the Immigration and Nationality Act may, notwithstanding such order, apply for adjustment of status under paragraph (1) if otherwise qualified under such paragraph. (B) Separate motion not required.--An alien described in subparagraph (A) may not be required, as a condition of submitting or granting such application, to file a separate motion to reopen, reconsider, or vacate the order described in subparagraph (A). (C) Effect of decision by secretary.--If the Secretary of Homeland Security adjusts the status of an alien pursuant to an application under paragraph (1), the Secretary shall cancel the order described in subparagraph (A). If the Secretary of Homeland Security makes a final decision to deny such adjustment of status, the order shall be effective and enforceable to the same extent as if the application had not been made. (b) Aliens Eligible for Adjustment of Status.-- (1) In general.--The benefits provided under subsection (a) shall apply to any alien-- (A) who is-- (i) a national of Liberia; and (ii) has been continuously present in the United States between January 1, 2013, and the date on which the alien submits an application under subsection (a); or (B) who is the spouse, child, or unmarried son or daughter of an alien described in subparagraph (A). (2) Determination of continuous physical presence.--For purposes of establishing the period of continuous physical presence referred to in paragraph (1)(A)(ii), an alien shall not be considered to have failed to maintain continuous physical presence by reasons of an absence, or absences, from the United States for any period or periods amounting in the aggregate to not more than 180 days. (c) Stay of Removal.-- (1) In general.--The Secretary of Homeland Security shall establish procedures, by regulation, through which an alien, who is subject to a final order of deportation, removal, or exclusion, may seek a stay of such order based upon the filing of an application under subsection (a). (2) During certain proceedings.--Notwithstanding any provision in the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), the Secretary of Homeland Security may not order an alien to be removed from the United States if the alien is in exclusion, deportation, or removal proceedings under any provision of such Act and has applied for adjustment of status under subsection (a) unless the Secretary of Homeland Security has made a final determination to deny the application. (3) Work authorization.-- (A) In general.--The Secretary of Homeland Security may-- (i) authorize an alien who has applied for adjustment of status under subsection (a) to engage in employment in the United States while a determination regarding such application is pending; and (ii) provide the alien with an ``employment authorized'' endorsement or other appropriate document signifying authorization of employment. (B) Pending applications.--If an application for adjustment of status under subsection (a) is pending for a period exceeding 180 days and has not been denied, the Secretary of Homeland Security shall authorize such employment. (d) Record of Permanent Residence.--Upon the approval of an alien's application for adjustment of status under subsection (a), the Secretary of Homeland Security shall establish a record of the alien's admission for permanent residence as of the date of the alien's arrival in the United States. (e) Availability of Administrative Review.--The Secretary of Homeland Security shall provide to applicants for adjustment of status under subsection (a) the same right to, and procedures for, administrative review as are provided to-- (1) applicants for adjustment of status under section 245 of the Immigration and Nationality Act (8 U.S.C. 1255); and (2) aliens subject to removal proceedings under section 240 of such Act (8 U.S.C. 1229a). (f) Limitation on Judicial Review.--A determination by the Secretary of Homeland Security regarding the adjustment of status of any alien under this section is final and shall not be subject to review by any court. (g) No Offset in Number of Visas Available.--If an alien is granted the status of having been lawfully admitted for permanent residence pursuant to this section, the Secretary of State shall not be required to reduce the number of immigrant visas authorized to be issued under any provision of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.). (h) Application of Immigration and Nationality Act Provisions.-- (1) Definitions.--Except as otherwise specifically provided in this Act, the definitions contained in the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) shall apply in this section. (2) Savings provision.--Nothing in this Act may be construed to repeal, amend, alter, modify, effect, or restrict the powers, duties, function, or authority of the Secretary of Homeland Security in the administration and enforcement of the Immigration and Nationality Act or any other law relating to immigration, nationality, or naturalization. (3) Effect of eligibility for adjustment of status.-- Eligibility to be granted the status of having been lawfully admitted for permanent residence under this section shall not preclude an alien from seeking any status under any other provision of law for which the alien may otherwise be eligible.

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


SECTION 1. SHORT TITLE. This Act may be cited as the ``Comprehensive Immunosuppressive Drug Coverage for Kidney Transplant Patients Act of 2007''. SEC. 2. PROVISION OF APPROPRIATE COVERAGE OF IMMUNOSUPPRESSIVE DRUGS UNDER THE MEDICARE PROGRAM FOR KIDNEY TRANSPLANT RECIPIENTS. (a) Continued Entitlement to Immunosuppressive Drugs.-- (1) Kidney transplant recipients.--Section 226A(b)(2) of the Social Security Act (42 U.S.C. 426-1(b)(2)) is amended by inserting ``(except for coverage of immunosuppressive drugs under section 1861(s)(2)(J))'' after ``shall end''. (2) Application.--Section 1836 of the Social Security Act (42 U.S.C. 1395o) is amended-- (A) by striking ``Every individual who'' and inserting ``(a) In General.--Every individual who''; and (B) by adding at the end the following new subsection: ``(b) Special Rules Applicable to Individuals Only Eligible for Coverage of Immunosuppressive Drugs.-- ``(1) In general.--In the case of an individual whose eligibility for benefits under this title has ended except for the coverage of immunosuppressive drugs by reason of section 226A(b)(2), the following rules shall apply: ``(A) The individual shall be deemed to be enrolled under this part for purposes of receiving coverage of such drugs. ``(B) The individual shall be responsible for the full amount of the premium under section 1839 in order to receive such coverage. ``(C) The provision of such drugs shall be subject to the application of-- ``(i) the deductible under section 1833(b); and ``(ii) the coinsurance amount applicable for such drugs (as determined under this part). ``(D) If the individual is an inpatient of a hospital or other entity, the individual is entitled to receive coverage of such drugs under this part. ``(2) Establishment of procedures in order to implement coverage.--The Secretary shall establish procedures for-- ``(A) identifying beneficiaries that are entitled to coverage of immunosuppressive drugs by reason of section 226A(b)(2); and ``(B) distinguishing such beneficiaries from beneficiaries that are enrolled under this part for the complete package of benefits under this part.''. (3) Technical amendment.--Subsection (c) of section 226A of the Social Security Act (42 U.S.C. 426-1), as added by section 201(a)(3)(D)(ii) of the Social Security Independence and Program Improvements Act of 1994 (Public Law 103-296; 108 Stat. 1497), is redesignated as subsection (d). (b) Extension of Secondary Payer Requirements for ESRD Beneficiaries.--Section 1862(b)(1)(C) of the Social Security Act (42 U.S.C. 1395y(b)(1)(C)) is amended by adding at the end the following new sentence: ``With regard to immunosuppressive drugs furnished on or after the date of enactment of the Comprehensive Immunosuppressive Drug Coverage for Kidney Transplant Patients Act of 2007, this subparagraph shall be applied without regard to any time limitation.''. (c) Effective Date.--The amendments made by this section shall apply to drugs furnished on or after the date of enactment of this Act. SEC. 3. PLANS REQUIRED TO MAINTAIN COVERAGE OF IMMUNOSUPPRESSIVE DRUGS FOR KIDNEY TRANSPLANT RECIPIENTS. (a) Application to Certain Health Insurance Coverage.-- (1) In general.--Subpart 2 of part A of title XXVII of the Public Health Service Act (42 U.S.C. 300gg-4 et seq.) is amended by adding at the end the following: ``SEC. 2707. COVERAGE OF IMMUNOSUPPRESSIVE DRUGS FOR KIDNEY TRANSPLANT RECIPIENTS. ``A group health plan (and a health insurance issuer offering health insurance coverage in connection with a group health plan) shall provide coverage of immunosuppressive drugs in connection with a kidney transplant that is at least as comprehensive as the coverage provided by such plan or issuer on the day before the date of enactment of the Comprehensive Immunosuppressive Drug Coverage for Kidney Transplant Patients Act of 2007, and such requirement shall be deemed to be incorporated into this section.''. (2) Conforming amendment.--Section 2721(b)(2)(A) of the Public Health Service Act (42 U.S.C. 300gg-21(b)(2)(A)) is amended by inserting ``(other than section 2707)'' after ``requirements of such subparts''. (b) Application to Group Health Plans and Group Health Insurance Coverage Under the Employee Retirement Income Security Act of 1974.-- (1) In general.--Subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1185 et seq.) is amended by adding at the end the following new section: ``SEC. 714. COVERAGE OF IMMUNOSUPPRESSIVE DRUGS FOR KIDNEY TRANSPLANT RECIPIENTS. ``A group health plan (and a health insurance issuer offering health insurance coverage in connection with a group health plan) shall provide coverage of immunosuppressive drugs in connection with a kidney transplant that is at least as comprehensive as the coverage provided by such plan or issuer on the day before the date of enactment of the Comprehensive Immunosuppressive Drug Coverage for Kidney Transplant Patients Act of 2007, and such requirement shall be deemed to be incorporated into this section.''. (2) Conforming amendments.-- (A) Section 732(a) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1191(a)) is amended by striking ``section 711'' and inserting ``sections 711 and 714''. (B) The table of contents in section 1 of the Employee Retirement Income Security Act of 1974 is amended by inserting after the item relating to section 713 the following new item: ``Sec. 714. Coverage of immunosuppressive drugs.''. (c) Application to Group Health Plans Under the Internal Revenue Code of 1986.--Subchapter B of chapter 100 of the Internal Revenue Code of 1986 is amended-- (1) in the table of sections, by inserting after the item relating to section 9812 the following new item: ``Sec. 9813. Coverage of immunosuppressive drugs for kidney transplant recipients.''; and (2) by inserting after section 9812 the following: ``SEC. 9813. COVERAGE OF IMMUNOSUPPRESSIVE DRUGS FOR KIDNEY TRANSPLANT RECIPIENTS. ``A group health plan shall provide coverage of immunosuppressive drugs in connection with a kidney transplant that is at least as comprehensive as the coverage provided by such plan on the day before the date of enactment of the Comprehensive Immunosuppressive Drug Coverage for Kidney Transplant Patients Act of 2007, and such requirement shall be deemed to be incorporated into this section.''. (d) Effective Date.--The amendments made by this section shall apply to plan years beginning on or after January 1, 2008.

Summary: Comprehensive Immunosuppressive Drug Coverage for Kidney Transplant Patients Act of 2007 - Amends SSA title II (Old Age, Survivors and Disability Insurance) (OASDI) to: (1) continue entitlement to prescription drugs used in immunosuppressive therapy furnished to an individual who receives a kidney transplant for which payment is made under Medicare; and (2) extend Medicare secondary payer requirements for end stage renal disease (ESRD) beneficiaries. Amends title XVIII (Medicare ) of SSA to apply special rules to kidney transplant recipients receiving additional coverage for immunosuppressive drugs. Deems such individual to be enrolled under Medicare part B. Makes him or her responsible for the full amount of the applicable premiums. Applies deductible and coinsurance requirements to the provision of such drugs. Amends the Public Health Service Act, the Employee Retirement Income Security Act of 1974 (ERISA), and the Internal Revenue Code to set forth requirements for group health plans to provide coverage of immunosuppressive drugs for kidney transplant patients.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Congenital Heart Futures Reauthorization Act of 2015''. SEC. 2. NATIONAL CONGENITAL HEART DISEASE SURVEILLANCE SYSTEM. Section 399V-2 of the Public Health Service Act (42 U.S.C. 280g-13) is amended to read as follows: ``SEC. 399V-2. NATIONAL CONGENITAL HEART DISEASE RESEARCH, SURVEILLANCE, AND AWARENESS. ``(a) In General.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall-- ``(1) enhance and expand research and surveillance infrastructure to study and track the epidemiology of congenital heart disease (in this section referred to as `CHD'); ``(2) plan and implement a public outreach and education campaign regarding CHD across the lifespan; and ``(3) award grants to eligible entities to undertake the activities described in subsections (b) and (c). ``(b) National Congenital Heart Disease Cohort Study.-- ``(1) In general.--The Director of the Centers for Disease Control and Prevention shall plan, develop, implement, and submit one or more reports to the Congress on a cohort study to improve understanding of the epidemiology of CHD across the lifespan, from birth to adulthood, with particular interest in the following: ``(A) Health care utilization and natural history of those affected by CHD. ``(B) Demographic factors associated with CHD, such as age, race, ethnicity, gender, and family history of individuals who are diagnosed with the disease. ``(C) Outcome measures, such that analysis of the outcome measures will allow derivation of evidence- based best practices and guidelines for CHD patients. ``(2) Permissible considerations.--The study under this subsection may-- ``(A) gather data on the health outcomes of a diverse population of those affected by CHD; ``(B) consider health disparities among those affected by CHD which may include the consideration of prenatal exposures; and ``(C) incorporate behavioral, emotional, and educational outcomes of those affected by CHD. ``(3) Public access.--Subject to paragraph (4), the data generated from the study under this subsection shall be made available to the public, including CHD researchers. ``(4) Patient privacy.--The Secretary shall ensure that the study under this subsection is carried out in a manner that complies with the requirements applicable to a covered entity under the regulations promulgated pursuant to section 264(c) of the Health Insurance Portability and Accountability Act of 1996. ``(c) Congenital Heart Disease Awareness Campaign.-- ``(1) In general.--The Director of the Centers for Disease Control and Prevention shall establish and implement an awareness, outreach, and education campaign regarding CHD across the lifespan. The information expressed through such campaign shall-- ``(A) emphasize that CHD is the most prevalent birth defect; ``(B) identify CHD as a condition that affects those diagnosed throughout their lives; and ``(C) promote the need for pediatric, adolescent, and adult individuals with CHD to seek and maintain lifelong, specialized care. ``(2) Permissible activities.--The campaign under this subsection may-- ``(A) utilize collaborations or partnerships with other agencies, health care professionals, and patient advocacy organizations that specialize in the needs of individuals with CHD; and ``(B) include the use of print, film, and electronic materials distributed via television, radio, Internet, and other commercial marketing venues. ``(d) Eligibility for Grants.--To be eligible to receive a grant under subsection (a)(3), an entity shall-- ``(1) be a public or private nonprofit entity with specialized experience in CHD; and ``(2) submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. ``(e) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $4,000,000 for each of fiscal years 2016 through 2020.''. SEC. 3. CONGENITAL HEART DISEASE RESEARCH. Section 425 of the Public Health Service Act (42 U.S.C. 285b-8) is amended to read as follows: ``SEC. 425. CONGENITAL HEART DISEASE. ``(a) In General.--The Director of the Institute may expand, intensify, and coordinate research and related activities of the Institute with respect to congenital heart disease, which may include congenital heart disease research with respect to-- ``(1) causation of congenital heart disease, including genetic causes; ``(2) long-term outcomes in individuals with congenital heart disease, including infants, children, teenagers, adults, and elderly individuals; ``(3) diagnosis, treatment, and prevention; ``(4) studies using longitudinal data and retrospective analysis to identify effective treatments and outcomes for individuals with congenital heart disease; and ``(5) identifying barriers to lifelong care for individuals with congenital heart disease. ``(b) Coordination of Research Activities.--The Director of the Institute may coordinate research efforts related to congenital heart disease among multiple research institutions and may develop research networks. ``(c) Minority and Medically Underserved Communities.--In carrying out the activities described in this section, the Director of the Institute shall consider the application of such research and other activities to minority and medically underserved communities. ``(d) Report From NIH.--Not later than 1 year after the date of enactment of the Congenital Heart Futures Reauthorization Act of 2015, the Director of NIH, acting through the Director of the Institute, shall provide a report to Congress-- ``(1) outlining the ongoing research efforts of the National Institutes of Health regarding congenital heart disease; and ``(2) identifying-- ``(A) future plans for research regarding congenital heart disease; and ``(B) the areas of greatest need for such research.''.

Summary: Congenital Heart Futures Reauthorization Act of 2015 This bill amends the Public Health Service Act to replace the authorization for a National Congenital Heart Disease Surveillance System with a requirement for the Centers for Disease Control and Prevention (CDC), regarding congenital heart disease, to enhance and expand research and surveillance infrastructure, and plan and implement a public outreach and education campaign. (Congenital heart disease is a condition caused by a heart defect that is present at birth.) The CDC must award grants to nonprofit entities to conduct: (1) a cohort study of congenital heart disease, from birth to adulthood, that considers health care utilization, demographic factors, and outcomes; and (2) an awareness, outreach, and education campaign regarding congenital heart disease. The National Heart, Lung, and Blood Institute must report on its ongoing research efforts regarding congenital heart disease, future plans for such research, and areas of greatest need for such research.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Lending to Entrepreneurs for Growth in Underserved Populations Act of 2011'' or the ``Small Business Leg-Up Act of 2011''. SEC. 2. FINDINGS. The Congress finds the following: (1) Families and small businesses in under-served areas have for generations been unable to access affordable credit. (2) The financial crisis of 2008 only served to exacerbate efforts by entrepreneurs to access capital for the purpose of creating jobs and improving economic outcomes in the community. (3) Small business investments revitalize communities by creating jobs but also contributing to the local tax base, which helps finance investments in schools, hospitals, infrastructure, and public safety. (4) The Community Development Financial Institutions Fund is well placed to make careful, targeted investments in community development financial institutions for the purposes of improving economic outcomes for underserved families across America. (5) Providing the Community Development Financial Institutions Fund with a robust capital infusion will make efficient use of taxpayer dollars, by leveraging Federal investment for the purpose of small business lending. SEC. 3. TRANSFER OF FUNDS FROM SMALL BUSINESS LENDING FUND TO THE CDFI FUND. (a) Unobligated Funds.--On the date of the expiration of the investment authority described under section 4109(a) of the Small Business Jobs Act of 2010, the Secretary shall transfer all unobligated funds in the Small Business Lending Fund to the Community Development Financial Institutions Fund. (b) Proceeds.--Section 4103(b)(3) of the Small Business Jobs Act of 2010 is amended to read as follows: ``(3) Proceeds transferred to cdfi fund.--All funds received by the Secretary in connection with purchases made pursuant to paragraph (1), including principal, interest payments, dividend payments, and proceeds from the sale of any financial instrument, shall be transferred to the Community Development Financial Institutions Fund.''. SEC. 4. SMALL BUSINESS CAPITAL INVESTMENT PROGRAM. (a) In General.--The Riegle Community Development and Regulatory Improvement Act of 1994 is amended by adding after section 108 the following new section: ``SEC. 108A. SMALL BUSINESS CAPITAL INVESTMENT PROGRAM TO INCREASE CREDIT AVAILABILITY FOR SMALL BUSINESSES. ``(a) Small Business Revolving Loan Program.-- ``(1) In general.--Using amounts described under subsection (b), the Administrator shall carry out a Small Business Capital Investment Program (`Program') to make capital investments in eligible community development financial institutions in order to increase the availability of credit for small businesses. ``(2) Structure of the program.--To the extent practicable, the Administrator shall carry out the Program in the same manner as the Small Business Lending Fund Program authorized under section 4103(a)(2) of the Small Business Jobs Act of 2010, except that-- ``(A) all funds received by the Administrator in connection with purchases made under the Program, including principal, interest payments, dividend payments, and proceeds from the sale of any financial instrument, shall be deposited into the Fund; ``(B) eligible community development financial institutions may apply to receive a capital investment from the Fund in an amount not exceeding 10 percent of total assets, or such other percentage as the Administrator determines to be appropriate; and ``(C) the authority to make capital investments in eligible community development financial institutions shall continue so long as amounts described under subsection (b) are available to make such investments. ``(b) Funding.-- ``(1) In general.--Notwithstanding any other provision of this Act, amounts deposited into the Fund pursuant to section 4(a) of the Small Business Leg-Up Act of 2011, section 4103(b)(3) of the Small Business Jobs Act of 2010, or subsection (a)(2)(A) shall only be available to carry out the Program established under subsection (a). ``(2) Administration costs.--Interest payments received under subsection (a)(2)(A) may be used to pay for the administrative costs of carrying out the Program. ``(3) Authorization of appropriations.--There is authorized to be appropriated to the Administrator $4,000,000 to carry out the Program. ``(c) Rulemaking.--The Administrator may issue such regulations as the Administrator determines to be appropriate to carry out this section. ``(d) Eligible Community Development Financial Institution Defined .--For purposes of this section, the term `eligible community development financial institution' means a community development financial institution with assets of $10,000,000,000 or less, as reported in audited financial statements.''. (b) Technical Amendment.--The table of contents for the Riegle Community Development and Regulatory Improvement Act of 1994 is amended by inserting after the item relating to section 108 the following new item: ``108A. Small Business Capital Investment Program to increase credit availability for small businesses.''.

Summary: Small Business Lending to Entrepreneurs for Growth in Underserved Populations Act of 2011 or the Small Business Leg-Up Act of 2011 - Requires, upon the expiration of investment authority for the Small Business Lending Fund Program provided in the Small Business Jobs Act of 2010, that all unobligated funds in the Small Business Lending Fund be transferred to the Community Development Financial Institutions (CDFI) Fund. Directs that all funds received in connection with certain purchases of preferred stock and other financial instruments pursuant to such authority be transferred to the CDFI Fund. Amends the Riegle Community Development and Regulatory Improvement Act of 1994 to direct the Administrator of the CDFI Fund to carry out a Small Business Capital Investment (SBCI) Program (a small business revolving loan program) to continue making capital investments in eligible community development financial institutions in order to increase the availability of credit for small businesses. Requires that: (1) all funds the Administrator receives in connection with SBCI Program purchases be deposited in the CDFI Fund, and (2) the authority to make such capital investments continue so long as specified funding amounts are available. Allows eligible community development financial institutions (with maximum assets of $10 billion as reported in audited financial statements) to apply to receive a capital investment of up to 10% of total assets, or another appropriate percentage determined by the Administrator. Directs the Administrator, to the extent practicable and except as otherwise provided, to carry out the SBCI Program in the same manner as the Small Business Lending Fund Program.


SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Armed Forces Protection Act of 1996''. SEC. 2. FINDINGS AND CONGRESSIONAL POLICY. (a) Findings.--Congress finds as follows: (1) The President has made United Nations peace operations a major component of the foreign and security policies of the United States. (2) The President has committed United States military personnel under United Nations operational control to missions in Haiti, Croatia, and Macedonia that could endanger those personnel. (3) The President has deployed over 22,000 United States military personnel to the former Yugoslavia as peacekeepers under NATO operational control to implement the Dayton Peace Accord of December 1995. (4) Although the President has insisted that he will retain command of United States forces at all times, in the past this has meant administrative control of United States forces only, while operational control has been ceded to United Nations commanders, some of whom were foreign nationals. (5) The experience of United States forces participating in combined United States-United Nations operations in Somalia, and in combined United Nations-NATO operations in the former Yugoslavia, demonstrate that prerequisites for effective military operations such as unity of command and clarity of mission have not been met by United Nations command and control arrangements. (6) Despite the many deficiencies in the conduct of United Nations peace operations, there may be unique occasions when it is in the national security interests of the United States to participate in such operations. (b) Policy.--It is the sense of Congress that-- (1) the President should fully comply with all applicable provisions of law governing the deployment of the Armed Forces of the United States to United Nations peacekeeping operations; (2) the President should consult closely with Congress regarding any United Nations peace operation that could involve United States combat forces and that such consultations should continue throughout the duration of such activities; (3) the President should consult with Congress before a vote within the United Nations Security Council on any resolution which would authorize, extend, or revise the mandate for any such activity; (4) in view of the complexity of United Nations peace operations and the difficulty of achieving unity of command and expeditious decisionmaking, the United States should participate in such operations only when it is clearly in the national security interest to do so; (5) United States combat forces should be under the operational control of qualified commanders and should have clear and effective command and control arrangements and rules of engagement (which do not restrict their self-defense in any way) and clear and unambiguous mission statements; and (6) none of the Armed Forces of the United States should be under the operational control of foreign nationals in United Nations peace enforcement operations except in the most extraordinary circumstances. (c) Definitions.--For purposes of subsections (a) and (b): (1) The term ``United Nations peace enforcement operations'' means any international peace enforcement or similar activity that is authorized by the United Nations Security Council under chapter VII of the Charter of the United Nations. (2) The term ``United Nations peace operations'' means any international peacekeeping, peacemaking, peace enforcement, or similar activity that is authorized by the United Nations Security Council under chapter VI or VII of the Charter of the United Nations. SEC. 3. PLACEMENT OF UNITED STATES FORCES UNDER UNITED NATIONS OPERATIONAL OR TACTICAL CONTROL. (a) In General.--(1) Chapter 20 of title 10, United States Code, is amended by inserting after section 404 the following new section: ``Sec. 405. Placement of United States forces under United Nations operational or tactical control: limitation ``(a) Limitation.--Except as provided in subsections (b) and (c), funds appropriated or otherwise made available for the Department of Defense may not be obligated or expended for activities of any element of the armed forces that after the date of the enactment of this section is placed under United Nations operational or tactical control, as defined in subsection (f). ``(b) Exception for Presidential Certification.--(1) Subsection (a) shall not apply in the case of a proposed placement of an element of the armed forces under United Nations operational or tactical control if the President, not less than 15 days before the date on which such United Nations operational or tactical control is to become effective (or as provided in paragraph (2)), meets the requirements of subsection (d). ``(2) If the President certifies to Congress that an emergency exists that precludes the President from meeting the requirements of subsection (d) 15 days before placing an element of the armed forces under United Nations operational or tactical control, the President may place such forces under such operational or tactical control and meet the requirements of subsection (d) in a timely manner, but in no event later than 48 hours after such operational or tactical control becomes effective. ``(c) Additional Exceptions.--(1) Subsection (a) shall not apply in the case of a proposed placement of any element of the armed forces under United Nations operational or tactical control if Congress specifically authorizes by law that particular placement of United States forces under United Nations operational or tactical control. ``(2) Subsection (a) shall not apply in the case of a proposed placement of any element of the armed forces in an operation conducted by the North Atlantic Treaty Organization. ``(d) Presidential Certifications.--The requirements referred to in subsection (b)(1) are that the President submit to Congress the following: ``(1) Certification by the President that it is in the national security interests of the United States to place any element of the armed forces under United Nations operational or tactical control. ``(2) A report setting forth the following: ``(A) A description of the national security interests that would be advanced by the placement of United States forces under United Nations operation or tactical control. ``(B) The mission of the United States forces involved. ``(C) The expected size and composition of the United States forces involved. ``(D) The precise command and control relationship between the United States forces involved and the United Nations command structure. ``(E) The precise command and control relationship between the United States forces involved and the commander of the United States unified command for the region in which those United States forces are to operate. ``(F) The extent to which the United States forces involved will rely on forces of other countries for security and defense and an assessment of the capability of those other forces to provide adequate security to the United States forces involved. ``(G) The exit strategy for complete withdrawal of the United States forces involved. ``(H) The extent to which the commander of any unit of the armed forces proposed for placement under United Nations operational or tactical control will at all times retain the right-- ``(i) to report independently to superior United States military authorities; and ``(ii) to decline to comply with orders judged by the commander to be illegal or beyond the mandate of the mission to which the United States agreed with the United Nations, until such time as that commander receives direction from superior United States military authorities with respect to the orders that the commander has declined to comply with. ``(I) The extent to which the United States will retain the authority to withdraw any element of the armed forces from the proposed operation at any time and to take any action it considers necessary to protect those forces if they are engaged. ``(J) The anticipated monthly incremental cost to the United States of participation in the United Nations operation by the United States forces which are proposed to be placed under United Nations operational or tactical control and the percentage that such cost represents of the total anticipated monthly incremental costs of all nations expected to participate in such operation. ``(e) Classification of Report.--A report under subsection (d) shall be submitted in unclassified form and, if necessary, in classified form. ``(f) United Nations Operational or Tactical Control.--For purposes of this section, an element of the Armed Forces shall be considered to be placed under United Nations operational or tactical control if-- ``(1) that element is under the operational or tactical control of an individual acting on behalf of the United Nations for the purpose of international peacekeeping, peacemaking, peace-enforcing, or similar activity that is authorized by the Security Council under chapter VI or VII of the Charter of the United Nations; and ``(2) the senior military commander of the United Nations force or operation is a foreign national or is a citizen of the United States who is not a United States military officer serving on active duty. ``(g) Interpretation.--Nothing in this section may be construed-- ``(1) as authority for the President to use any element of the Armed Forces in any operation; ``(2) as authority for the President to place any element of the Armed Forces under the command or operational control of a foreign national; or ``(3) as superseding, negating, or otherwise affecting the requirements of section 6 of the United Nations Participation Act of 1945 (22 U.S.C. 287d).''. (2) The table of sections at the beginning of subchapter I of such chapter is amended by adding at the end the following new item: ``405. Placement of United States forces under United Nations operational or tactical control: limitation.''. (b) Exception for Ongoing Operations in Macedonia and Croatia.-- Section 405 of title 10, United States Code, as added by subsection (a), does not apply in the case of activities of the Armed Forces that are carried out-- (1) in Macedonia as part of the United Nations force designated as the United Nations Preventive Deployment Force (UNPREDEP) pursuant to United Nations Security Council Resolution 795, adopted December 11, 1992, and Resolution 983, adopted March 31, 1995, and subsequent reauthorization Resolutions; or (2) in Croatia as part of the United Nations force designated as the United Nations Transitional Administration for Eastern Slavonia, Baranja, and Western Sirmium (UNTAES) pursuant to United Nations Security Council Resolution 1037, adopted January 15, 1996, and subsequent reauthorization Resolutions. SEC. 4. REQUIREMENT TO ENSURE THAT ALL MEMBERS KNOW MISSION AND CHAIN OF COMMAND. (a) In General.--Chapter 37 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 656. Members required to be informed of mission and chain of command ``The commander of any unit of the armed forces assigned to an operation shall ensure that each member of such unit is fully informed of that unit's mission as part of such operation and of that member's chain of command.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``656. Members required to be informed of mission and chain of command.''. SEC. 5. PROHIBITION ON REQUIREMENT FOR MEMBERS OF THE ARMED FORCES TO WEAR UNIFORM ITEMS OF THE UNITED NATIONS. (a) In General.--Chapter 45 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 777. Insignia of United Nations: prohibition on requirement for wearing ``No member of the armed forces may be required to wear as part of the uniform any badge, symbol, helmet, headgear, or other visible indicia or insignia which indicates (or tends to indicate) any allegiance or affiliation to or with the United Nations except in a case in which the wearing of such badge, symbol, helmet, headgear, indicia, or insignia is specifically authorized by law with respect to a particular United Nations operation.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``777. Insignia of United Nations: prohibition on requirement for wearing.''. Passed the House of Representatives September 5, 1996. Attest: ROBIN H. CARLE, Clerk.

Summary: United States Armed Forces Protection Act of 1996 - States certain congressional findings and policy concerning the placement of U.S. armed forces under United Nations (UN) operational or tactical control. Prohibits Department of Defense funds from being obligated or expended for activities of any element of the armed forces that is placed under UN operational or tactical control, unless: (1) the President, at least 15 days before UN control is to become effective (or not later than 48 hours afterwards in an emergency), certifies to the Congress that such action is in the national security interests; or (2) such placement is specifically authorized by law or is part of a North Atlantic Treaty Organization operation. Specifies information to be submitted with the President's certification, including: (1) information on the national security interests to be advanced; (2) the mission, size, and composition of the U.S. forces involved; (3) the command and control relationship of the U.S. forces with the UN command structure and with the U.S. unified command for the region; (4) the exit strategy for, and withdrawal authority of, U.S. forces; and (5) the anticipated monthly incremental cost of U.S. participation and the percentage that such cost represents of the total anticipated monthly incremental costs of all nations expected to participate in the operation. Provides that this Act shall not apply to activities of the armed forces carried out as part of specified ongoing activities of the UN Preventive Deployment Force in Macedonia or the UN Transitional Administration for Eastern Slavonia, Baranja, and Western Sirmium in Croatia. Requires that members of the armed forces be informed of their unit's mission and their chain of command in any operation to which their unit is assigned. Prohibits U.S. military personnel from being required to wear UN insignia except when such insignia is specifically authorized by law with respect to a particular UN operation.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Interstate Transport Act of 2018''. SEC. 2. INTERSTATE TRANSPORTATION OF KNIVES. (a) Definition.--In this Act, the term ``transport''-- (1) includes staying in temporary lodging overnight, common carrier misrouting or delays, stops for food, fuel, vehicle maintenance, emergencies, or medical treatment, and any other activity related to the journey of a person; and (2) does not include transport of a knife with the intent to commit an offense punishable by imprisonment for a term exceeding 1 year involving the use or threatened use of force against another person, or with knowledge, or reasonable cause to believe, that such an offense is to be committed in the course of, or arising from, the journey. (b) Transport of Knives.-- (1) In general.--Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, a person who is not otherwise prohibited by any Federal law from possessing, transporting, shipping, or receiving a knife shall be entitled to transport a knife for any lawful purpose from any place where the person may lawfully possess, carry, or transport the knife to any other place where the person may lawfully possess, carry, or transport the knife if-- (A) in the case of transport by motor vehicle, the knife-- (i) is not directly accessible from the passenger compartment of the motor vehicle; or (ii) in the case of a motor vehicle without a compartment separate from the passenger compartment, is contained in a locked container other than the glove compartment or console; and (B) in the case of transport by means other than a motor vehicle, including any transport over land or on or through water, the knife is contained in a locked container. (2) Limitation.--This subsection shall not apply to the transport of a knife or tool in the cabin of a passenger aircraft subject to the rules and regulations of the Transportation Security Administration. (c) Emergency Knives.-- (1) In general.--A person-- (A) may carry in the passenger compartment of a mode of transportation a knife or tool-- (i) the blades of which consist only of a blunt tipped safety blade, a guarded blade, or both; and (ii) that is specifically designed for enabling escape in an emergency by cutting safety belts; and (B) shall not be required to secure a knife or tool described in subparagraph (A) in a locked container. (2) Limitation.--This subsection shall not apply to the transport of a knife or tool in the cabin of a passenger aircraft subject to the rules and regulations of the Transportation Security Administration. (d) No Arrest.--A person who is transporting a knife in compliance with this section may not be arrested for violation of any law, rule, or regulation of a State or political subdivision of a State related to the possession, transport, or carrying of a knife, unless there is probable cause to believe that the person is not in compliance with subsection (b). (e) Costs.--If a person who asserts this section as a claim or defense in a civil or criminal action or proceeding is a prevailing party on the claim or defense, the court shall award costs and reasonable attorney's fees incurred by the person. (f) Expungement.--If a person who asserts this section as a claim or defense in a criminal proceeding is a prevailing party on the claim or defense, the court shall enter an order that directs that there be expunged from all official records all references to-- (1) the arrest of the person for the offense as to which the claim or defense was asserted; (2) the institution of any criminal proceedings against the person relating to such offense; and (3) the results of the proceedings, if any. (g) Rule of Construction.--Nothing in this section shall be construed to limit any right to possess, carry, or transport a knife under applicable State law. Passed the Senate December 11, 2018. Attest: Secretary. 115th CONGRESS 2d Session S. 1092 _______________________________________________________________________ AN ACT To protect the right of law-abiding citizens to transport knives interstate, notwithstanding a patchwork of local and State prohibitions.

Summary: Interstate Transport Act of 2017 This bill permits an individual to transport a knife for any lawful purpose between two places (e.g., states) where it is legal to possess and carry such knife. The individual must comply with specified requirements. The bill prohibits the arrest or detention of an individual for a knife violation unless there is probable cause to believe the individual failed to comply with specified requirements. An individual may assert compliance with this bill's requirements as a claim or defense in any civil or criminal action or proceeding.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Hurricane Katrina Disaster Inquiry Commission Act of 2005''. SEC. 2. DEFINITION. For purposes of this Act, the term ``Commission'' means the Commission established under this Act. SEC. 3. ESTABLISHMENT OF COMMISSION. (a) Establishment.--The President shall establish an independent, nonpartisan Commission within the executive branch to discover and assess the circumstances related to the damage caused by Hurricane Katrina on or between Friday, August 26, 2005, and Tuesday, August 30, 2005. (b) Deadline for Establishment.--The President shall issue an executive order establishing a Commission within 30 days after the date of enactment of this Act. SEC. 4. COMPOSITION OF COMMISSION. (a) Number of Commissioners.--The Commission shall consist of 15 members. (b) Selection.--The members of the Commission shall be chosen in the following manner: (1) The President of the United States Conference of Mayors shall be a member of the Commission. (2) The President shall appoint the remaining 14 members, and shall designate the Chairman and Vice Chairman of the Commission from among its members. (3) Five of the 14 members appointed by the President shall be selected by the President in the following manner: (A) The majority leader of the Senate, the minority leader of the Senate, the Speaker of the House of Representatives, the minority leader of the House of Representatives, and the President of the collective- bargaining organization including the largest number of emergency medical responders, shall each provide to the President a list of candidates for membership on the Commission. (B) The President shall select one of the candidates from each of the 5 lists for membership on the Commission. (4)(A) No officer or employee of the Federal Government shall serve as a member of the Commission. (B) No member of the Commission shall have, or have pending, a contractual relationship with the Federal Emergency Management Agency. (C) The President may waive the prohibitions in subparagraphs (A) and (B) with respect to the selection of not more than 2 members of the Commission. (5) The President shall not appoint any individual as a member of the Commission who has a current or former relationship with the Federal Emergency Management Agency that the President determines would constitute a conflict of interest. (6) To the extent practicable, the President shall ensure that the members of the Commission include some individuals with experience relative to local government administration, as well as some individuals with investigative experience and some individuals with legal experience. (7) To the extent practicable, the President shall seek diversity in the membership of the Commission. (c) Deadline for Appointment.--All members of the Commission shall be appointed no later than 60 days after issuance of the executive order establishing the Commission. (d) Initial Meeting.--The Commission shall meet and begin operations as soon as practicable. (e) Quorum; Vacancies.--After its initial meeting, the Commission shall meet upon the call of the Chairman or a majority of its members. Eight members of the Commission shall constitute a quorum. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner in which the original appointment was made. SEC. 5. TASKS OF THE COMMISSION. The Commission shall, to the extent possible, undertake the following tasks: (1) Chronicle the trajectory of Hurricane Katrina, including the timetable and locations of its path, and the responses made by the Federal, State, and local governments. (2) Issue a statement of an estimate as to the loss of life, physical and structural damage, and displacement of residents as a result of the disaster. (3) Make recommendations for corrective actions. (4) Provide any additional findings or recommendations considered by the Commission to be important, whether or not they are related to emergency disaster management. (5) Prepare a report to Congress, the President, and the public. SEC. 6. POWERS OF COMMISSION. (a) In General.-- (1) Hearings and evidence.--The Commission or, on the authority of the Commission, any subcommittee or member thereof, may, for the purpose of carrying out this Act-- (A) hold such hearings and sit and act at such times and places, take such testimony, receive such evidence, administer such oaths; and (B) subject to paragraph (2)(A), require, by subpoena or otherwise, the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, and documents, as the Commission or such designated subcommittee or designated member may determine advisable. (2) Subpoenas.-- (A) Issuance.-- (i) In general.--A subpoena may be issued under this subsection only-- (I) by the agreement of the Chairman and the Vice Chairman; or (II) by the affirmative vote of 8 members of the Commission. (ii) Signature.--Subject to clause (i), subpoenas issued under this subsection may be issued under the signature of the Chairman or any member designated by a majority of the Commission, and may be served by any person designated by the Chairman or by a member designated by a majority of the Commission. (B) Enforcement.-- (i) In general.--In the case of contumacy or failure to obey a subpoena issued under subparagraph (A), the United States district court for the judicial district in which the subpoenaed person resides, is served, or may be found, or where the subpoena is returnable, may issue an order requiring such person to appear at any designated place to testify or to produce documentary or other evidence. Any failure to obey the order of the court may be punished by the court as a contempt of that court. (ii) Additional enforcement.--In the case of a failure of a witness to comply with a subpoena or to testify when summoned under authority of this section, the Commission may, by majority vote, certify a statement of fact constituting such failure to the appropriate United States attorney, who may bring the matter before a grand jury for its action, under the same statutory authority and procedures as if the United States attorney had received a certification under sections 102 through 104 of the Revised Statutes of the United States (2 U.S.C. 192 through 194). (b) Contracting.--The Commission may, to such extent and in such amounts as are provided in appropriation Acts, enter into contracts to enable the Commission to discharge its duties under this Act. (c) Information From Federal Agencies.-- (1) In general.--The Commission may secure directly from any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality of the Government, information, suggestions, estimates, and statistics for the purposes of this Act. Each department, bureau, agency, board, commission, office, independent establishment, or instrumentality shall, to the extent authorized by law, furnish such information, suggestions, estimates, and statistics directly to the Commission, upon request made by the Chairman, the chairman of any subcommittee created by a majority of the Commission, or any member designated by a majority of the Commission. (2) Receipt, handling, storage, and dissemination.-- Information shall be received, handled, stored, and disseminated by members of the Commission and its staff consistent with all applicable statutes, regulations, and Executive orders. (d) Assistance From Federal Agencies.-- (1) General services administration.--The Administrator of General Services shall provide to the Commission on a reimbursable basis administrative support and other services for the performance of the Commission's tasks. (2) Other departments and agencies.--In addition to the assistance prescribed in paragraph (1), departments and agencies of the United States may provide to the Commission such services, funds, facilities, staff, and other support services as they may determine advisable and as may be authorized by law. (e) Postal Services.--The Commission may use the United States mails in the same manner and under the same conditions as departments and agencies of the United States. SEC. 7. PUBLIC MEETINGS, INFORMATION, AND HEARINGS. (a) Public Meetings and Release of Public Versions of Reports.--The Commission shall-- (1) hold public hearings and meetings to the extent appropriate; and (2) release public versions of the reports required under this Act. (b) Public Hearings.--Any public hearings of the Commission shall be conducted in a manner consistent with the protection of information provided to or developed for or by the Commission as required by any applicable statute, regulation, or Executive order. SEC. 8. STAFF OF COMMISSION. (a) In General.-- (1) Appointment and compensation.--The Chairman, in consultation with Vice Chairman, in accordance with rules agreed upon by the Commission, may appoint and fix the compensation of a staff director and such other personnel as may be necessary to enable the Commission to carry out its functions, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no rate of pay fixed under this paragraph may exceed the equivalent of that payable for a position at level V of the Executive Schedule under section 5316 of title 5, United States Code. Employees of the Federal Emergency Management Agency shall not be appointed to the staff of the Commission. (2) Personnel as federal employees.-- (A) In general.--The executive director and any personnel of the Commission shall be considered employees under section 2105 of title 5, United States Code, for purposes of chapters 63, 81, 83, 84, 85, 87, 89, and 90 of that title. (B) Members of commission.--Subparagraph (A) does not apply to members of the Commission. (b) Detailees.--Any Federal Government employee, except for an employee of the Federal Emergency Management Agency, may be detailed to the Commission without reimbursement from the Commission, and such detailee shall retain the rights, status, and privileges of his or her regular employment without interruption. (c) Consultant Services.--The Commission may procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, but at rates not to exceed the daily rate paid a person occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code. SEC. 9. COMPENSATION AND TRAVEL EXPENSES. (a) Compensation.--Each member of the Commission may be compensated at not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day during which that member is engaged in the actual performance of the duties of the Commission. (b) Travel Expenses.--While away from their homes or regular places of business in the performance of services for the Commission, members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703(b) of title 5, United States Code. SEC. 10. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND STAFF. The appropriate Federal agencies or departments shall cooperate with the Commission in expeditiously providing to the Commission members and staff appropriate security clearances to the extent possible pursuant to existing procedures and requirements. No person shall be provided with access to classified information under this Act without the appropriate security clearances. SEC. 11. REPORTING REQUIREMENTS AND TERMINATION. (a) Interim Reports.--The Commission may submit to the President and Congress interim reports containing such findings, conclusions, and recommendations for corrective actions as have been agreed to by a majority of Commission members. (b) Final Report.--The Commission shall submit to the President and Congress, and make concurrently available to the public, a final report containing such findings, conclusions, and recommendations for corrective actions as have been agreed to by a majority of Commission members. Such report shall include any minority views or opinions not reflected in the majority report. (c) Termination.-- (1) In general.--The Commission, and all the authorities of this Act with respect to the Commission, shall terminate 60 days after the date on which the final report is submitted under subsection (b). (2) Administrative activities before termination.--The Commission may use the 60-day period referred to in paragraph (1) for the purpose of concluding its activities, including providing testimony to committees of Congress concerning its reports and disseminating the final report. SEC. 12. FUNDING. Such sums as are necessary to carry out this Act are authorized to be appropriated. Sums authorized by this Act shall remain available until the termination of the Commission.

Summary: Hurricane Katrina Disaster Inquiry Commission Act of 2005 - Directs the President to establish an independent nonpartisan Commission within the executive branch to discover and assess the circumstances relating to the damage caused by Hurricane Katrina on or between Friday, August 26, 2005, and Tuesday, August 30, 2005. Directs the Commission to: (1) chronicle the trajectory of Hurricane Katrina, including the timetable and locations of its path, and the responses made by the federal, state, and local governments; (2) estimate the loss of life, physical and structural damage, and displacement of residents; (3) recommend corrective actions; and (4) prepare a report to Congress, the President, and the public.


SECTION 1. ALTERNATE ENERGY-RELATED USES ON THE OUTER CONTINENTAL SHELF. (a) Purposes.--The purposes of this section are as follows: (1) To protect the economic and land use interests of the Federal Government in the management of the outer Continental Shelf for energy-related and certain other purposes. (2) To provide an administrative framework for the oversight and management of energy-related activities on the outer Continental Shelf, consistent with other applicable laws. (3) To provide for inter-agency coordination in the siting and permitting of energy-related activities on the outer Continental Shelf. (4) To ensure that energy-related activities on the outer Continental Shelf are conducted in a manner that provides for safety, protection of the environment, prevention of waste, conservation of natural resources, the protection of correlative rights, and protection of national security interests. (5) To authorize alternate uses of existing structures and facilities previously permitted under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 note). (6) To ensure that the Federal Government receives a fair return for any easement or right-of-way granted under section 8(p) of the Outer Continental Shelf Lands Act. (b) Amendment to Outer Continental Shelf Lands Act.--Section 8 of the Outer Continental Shelf Lands Act (43 U.S.C. 1337) is amended by adding at the end the following new subsection: ``(p) Easements or Rights-of-Way for Energy and Related Purposes.-- ``(1) The Secretary, in consultation with the Secretary of the Department in which the Coast Guard is operating and other relevant departments and agencies of the Federal government, may grant an easement or right-of-way on the outer Continental Shelf or activities not otherwise authorized in this Act, the Deepwater Port Act of 1974 (33 U.S.C. 1501 et seq.), or the Ocean Thermal Energy Conversion Act of 1980 (42 U.S.C. 9101 et seq.) when such activities-- ``(A) support exploration, development, production, transportation, or storage of oil, natural gas, or other minerals; ``(B) produce or support production, transportation, or transmission of energy from sources other than oil and gas; or ``(C) use facilities currently or previously used for activities authorized under this Act. ``(2)(A) The Secretary shall establish reasonable forms of annual or one-time payments for any easement or right-of-way granted under this subsection, including fees, rentals, or cash bonus payments. The Secretary may establish fees, rentals, bonus, or other payments by rule or by agreement with the party to whom the easement or right-of-way is granted. ``(B) Before exercising the authority granted under this subsection, the Secretary shall consult with the Secretary of Defense concerning issues related to national security and navigational obstruction. ``(C) The Secretary may issue an easement or right-of-way for energy and related purposes as described in paragraph (1) on a competitive or non-competitive basis. In determining whether such easement or right-of-way shall be granted competitively or non-competitively, the Secretary shall consider such factors as prevention of waste and conservation of natural resources, protection of the environment, the national interest, national security, human safety, protection of correlative rights, and the potential return for the easement or right-of-way. ``(3) The Secretary, in consultation with the Secretary of the Department in which the Coast Guard is operating and other relevant departments and agencies of the Federal Government and affected States, shall prescribe any necessary regulations to assure safety, protection of the environment, prevention of waste, and conservation of the natural resources of the outer Continental Shelf, protection of national security interests, and the protection of correlative rights therein. ``(4) The Secretary shall require the holder of an easement or right-of-way granted under this subsection to furnish a surety bond or other form of security, as prescribed by the Secretary, and to comply with such other requirements as the Secretary may deem necessary to protect the interests of the United States. ``(5) Nothing in this subsection shall be construed to displace, supercede, limit, or modify the jurisdiction, responsibility, or authority of any Federal or State agency under any other Federal law. ``(6) This subsection shall not apply to any area on the outer Continental Shelf designated by legislation as a National Marine Sanctuary.''. (c) Conforming Amendment.--The text of the heading for section 8 of the Outer Continental Shelf Lands Act is amended to read as follows: ``Leases, Easements, and Rights-of-Way on the Outer Continental Shelf.''.

Summary: Amends the Outer Continental Shelf Lands Act to authorize the Secretary of the Interior (or the appropriate Secretary) to grant easements or rights-of-way on the outer Continental Shelf for activities that: (1) support exploration, development, production, transportation, or storage of oil, natural gas, or other minerals; (2) produce or support production, transportation, or transmission of energy sources other than oil and gas; or (3) use facilities for previously authorized activities.Excludes any National Marine Sanctuary from application of this Act.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Intermediate-Range Nuclear Forces (INF) Treaty Preservation Act of 2017''. SEC. 2. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Select Committee on Intelligence, the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Appropriations of the Senate; and (B) the Permanent Select Committee on Intelligence, the Committee on Foreign Affairs, the Committee on Armed Services, and the Committee on Appropriations of the House of Representatives. (2) INF treaty.--The term ``INF Treaty'' means the Treaty between the United States of America and the Union of Soviet Socialist Republics on the Elimination of Their Intermediate- Range and Shorter-Range Missiles, signed at Washington December 8, 1987, and entered into force June 1, 1988. (3) Intelligence community.--The term ``intelligence community'' has the meaning given the term in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)). (4) New start treaty.--The term ``New START Treaty'' means the Treaty between the United States of America and the Russian Federation on Measures for the Further Reduction and Limitation of Strategic Offensive Arms, signed at Prague April 8, 2010, and entered into force February 5, 2011. (5) Open skies treaty.--The term ``Open Skies Treaty'' means the Treaty on Open Skies, done at Helsinki March 24, 1992, and entered into force January 1, 2002. SEC. 3. FINDINGS. Congress makes the following findings: (1) The 2014, 2015, and 2016 Department of State reports entitled, ``Adherence to and Compliance with Arms Control, Nonproliferation, and Disarmament Agreements and Commitments'', all stated that the United States has determined that ``the Russian Federation is in violation of its obligations under the INF Treaty not to possess, produce, or flight-test a ground- launched cruise missile (GLCM) with a range capability of 500 km to 5,500 km, or to possess or produce launchers of such missiles''. (2) The 2016 report also noted that ``the cruise missile developed by Russia meets the INF Treaty definition of a ground-launched cruise missile with a range capability of 500 km to 5,500 km, and as such, all missiles of that type, and all launchers of the type used or tested to launch such a missile, are prohibited under the provisions of the INF Treaty''. (3) Potential consistency and compliance concerns regarding the INF Treaty noncompliant GLCM have existed since 2008, were not officially raised with the Russian Federation until 2013, and were not briefed to the North Atlantic Treaty Organization (NATO) until January 2014. (4) The United States Government is aware of other consistency and compliance concerns regarding Russia actions vis-a-vis its INF Treaty obligations. (5) Since 2013, senior United States officials, including the President, the Secretary of State, and the Chairman of the Joint Chiefs of Staff have raised Russian noncompliance with the INF Treaty to their counterparts, but no progress has been made in bringing the Russian Federation back into compliance with the INF Treaty. (6) In April 2014, General Breedlove, the Supreme Allied Commander Europe, correctly stated, ``A weapon capability that violates the INF, that is introduced into the greater European land mass, is absolutely a tool that will have to be dealt with . . . It can't go unanswered.''. (7) The Department of Defense in its September 2013 report, Report on Conventional Prompt Global Strike Options if Exempt from the Restrictions of the Intermediate-Range Nuclear Forces Treaty Between the United States of America and the Union of Soviet Socialist Republics, stated that it has multiple validated military requirement gaps due to the prohibitions imposed on the United States as a result of its compliance with the INF Treaty. (8) It is not in the national security interests of the United States to be legally prohibited from developing dual- capable ground-launched cruise missiles with ranges between 500 and 5,500 kilometers, while Russia makes advances in developing and fielding this class of weapon systems. (9) A material breach of the INF Treaty by the Russian Federation affords the United States the right to invoke such breach as grounds for suspending the operation of the treaty in whole or in part. SEC. 4. COMPLIANCE ENFORCEMENT REGARDING RUSSIAN VIOLATIONS OF THE INF TREATY. (a) Statement of United States Policy.--It is the policy of the United States as follows: (1) The actions undertaken by the Russian Federation in violation of the INF Treaty constitute a material breach of the treaty. (2) In light of the Russian Federation's material breach of the INF Treaty, the United States is legally entitled to suspend the operation of the INF Treaty in whole or in part for so long as the Russian Federation continues to be in material breach. (3) For so long as the Russian Federation remains in noncompliance with the INF Treaty, the United States should take actions to encourage the Russian Federation return to compliance, including by-- (A) providing additional funds for the capabilities identified in section 1243(d) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114- 92; 129 Stat. 1062); (B) establishing a program of record pursuant to section 5 for a dual-capable road-mobile ground- launched cruise missile system with a maximum range of 5,500 kilometers; and (C) aggressively seeking additional missile defense assets in the European theater to protect United States and NATO forces from ground-launched missile systems of the Russian Federation that are in noncompliance with the INF Treaty. (b) Authorization of Additional Appropriations.-- (1) In general.--In addition to any other amounts authorized to be appropriated for such purposes, there is authorized to be appropriated $500,000,000 for fiscal year 2018 for-- (A) the development of active defenses to counter ground-launched missile systems with ranges between 500 and 5,500 kilometers; (B) counterforce capabilities to prevent attacks from these missiles; (C) facilitating the acquisition and transfer to allied countries of missile systems with ranges between 500 and 5,500 kilometers; and (D) countervailing strike capabilities to enhance the capabilities of the United States identified in section 1243(d) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 1062). (2) Development.--Of the amount authorized to be appropriated by paragraph (1), $100,000,000 is authorized to be appropriated for activities undertaken to carry out section 5, including with respect to research and development activities. (3) Offset.--Notwithstanding the amounts otherwise authorized to be appropriated for the National Nuclear Security Administration for Defense Nuclear Nonproliferation for fiscal year 2018, such authorization of amounts is hereby reduced by $500,000,000. SEC. 5. DEVELOPMENT OF INF RANGE GROUND-LAUNCHED MISSILE SYSTEM. (a) Establishment of a Program of Record.--The Secretary of Defense shall establish a program of record to develop a dual-capable road- mobile ground-launched cruise missile system with a range of between 500 to 5,500 kilometers. The Secretary shall ensure that such system is capable of achieving a flight test by not later than one year after the date of the enactment of this Act. (b) Report.--Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the cost, schedule, and feasibility to modify the tomahawk, standard missile-3, standard missile-6, long-range standoff cruise missile, and Army tactical missile system missiles for ground launch with a range of between 500 and 5,500 kilometers in order to provide any of the capabilities identified in section 1243(d) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 1062). SEC. 6. NOTIFICATION REQUIREMENT RELATED TO RUSSIAN FEDERATION DEVELOPMENT OF NONCOMPLIANT SYSTEMS. Not later than 15 days after the date of the enactment of this Act, and every 90 days thereafter during the five-year period beginning on such date of enactment, the Director of National Intelligence shall submit to the appropriate congressional committees and the President a report that includes a determination of each of the following: (1) Whether the Russian Federation has flight tested, produced, or possesses a system that is inconsistent with the INF Treaty. (2) Whether the Russian Federation possesses a system that meets the requirements for initial operational capability that is inconsistent with the INF Treaty. (3) Whether the Russian Federation has deployed, or is about to deploy, a system that is inconsistent with the INF Treaty. SEC. 7. LIMITATION ON AVAILABILITY OF FUNDS FOR CERTAIN ACTIVITIES. None of the funds authorized to be appropriated or otherwise made available for fiscal year 2018 or any other fiscal year for the Department of Defense may be obligated or expended to extend the implementation of the New START Treaty for any year after 2021, permit flights by the Russian Federation over the United States or it allies pursuant to the Open Skies Treaty, or permit the approval of new or updated implementation decisions of the Open Skies Consultative Commission pursuant to Article X of the Open Skies Treaty, or any license or authorization to export any item or technology to a person or entity in the Russian Federation unless the President certifies to the appropriate congressional committees that the Russian Federation has verifiably eliminated all missiles that are in violation of or may be inconsistent with the INF Treaty. SEC. 8. REPORT ON ANTI-AIR WARFARE DEFENSE CAPABILITY. Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate congressional committees a report on the number and location of Aegis Ashore sites with anti-air warfare capability necessary in Asia and Europe to defend deployed forces of the United States and United States allies from Russian ground-launched missile systems with a range of 500 to 5,500 kilometers. SEC. 9. REVIEW OF RS-26 BALLISTIC MISSILE. (a) In General.--The Secretary of State, in consultation with the Secretary of Defense and the Director of National Intelligence, shall conduct a review of the RS-26 ballistic missile of the Russian Federation. (b) Report Required.--Not later than 90 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Secretary of Defense and the Director of National Intelligence, shall submit to the appropriate congressional committees a report on the review conducted under subsection (a). The report shall include-- (1) a determination whether the RS-26 ballistic missile is covered under the New START Treaty or is a violation of the INF Treaty because Russia has flight-tested such missile to ranges covered by the INF Treaty in more than one warhead configuration; and (2) if the Secretary determines that the RS-26 ballistic missile is covered under the New START Treaty, a determination whether the Russian Federation-- (A) has agreed through the Bilateral Consultative Commission that such a system is limited under the New START Treaty central limits; and (B) has agreed to an exhibition of such a system. (c) Effect of Determination.--If the Secretary of State, with the concurrence of the Secretary of Defense and the Director of National Intelligence, determines that the RS-26 ballistic missile is covered under the New START Treaty and that the Russian Federation has not taken the steps described under subsection (b)(2), the United States Government shall consider for purposes of all policies and decisions that the RS-26 ballistic missile of the Russian Federation is a violation of the INF Treaty. SEC. 10. UNITED STATES ACTIONS REGARDING MATERIAL BREACH OF INF TREATY BY THE RUSSIAN FEDERATION. (a) Declaration of Policy.--Congress declares that because of the Russian Federation's violations of the INF Treaty, including the flight-test, production, and possession of prohibited systems, its actions have defeated the object and purpose of the INF Treaty, and thus constitute a material breach of the INF Treaty. (b) Report.--Not later than 15 months after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a report that contains a determination of the President of whether the Russian Federation has flight-tested, produced, or is in possession of a ground-launched cruise missile or ground-launched ballistic missile with a range of between 500 and 5,500 kilometers during each of the four consecutive 90-day periods beginning on the date of the enactment of this Act. (c) United States Actions.--If the determination of the President contained in the report required to be submitted under subsection (b) is that the Russian Federation has flight-tested, produced, or is in possession of any missile described in subsection (b) during each of the periods described in subsection (b), the President shall-- (1) suspend the application of the INF Treaty with respect to the United States; and (2) notify the other state parties to the INF Treaty that the Russian Federation is in material breach of the INF Treaty and of the decision of the United States to suspend the application of the INF Treaty with respect to the United States.

Summary: Intermediate-Range Nuclear Forces (INF) Treaty Preservation Act of 2017 This bill states U.S. policy that: (1) Russian actions in violation of the the Treaty between the United States of America and the Union of Soviet Socialist Republics on the Elimination of their Intermediate-Range and Shorter-Range Missiles (INF treaty) constitute a material breach, (2) the United States is legally entitled to suspend the treaty, and (3) the United States should take certain actions to bring Russia into compliance. The bill authorizes additional appropriations for: (1) development of active defenses to counter ground launched missile systems, (2) counterforce and countervailing capabilities, and (3) missile system transfers to allied countries. The Department of Defense shall: (1) establish a program to develop a dual-capable road-mobile ground-launched cruise missile system with a range of 500 to 5,500 kilometers; (2) report on the feasibility of modifying the tomahawk, standard missile-3, standard missile-6, long-range stand off cruise missile, and Army tactical missile for ground-launch with such range; and (3) report on the AEGIS Ashore sites with anti-air warfare capability necessary in Asia and Europe to defend U.S. forces and allies from Russian ground launched missile systems. The Director of National Intelligence, every 90 days for five years, shall determine whether Russia has flight tested, produced, or possesses a system that is inconsistent with the treaty and that has reached initial operational capability and is, or is about to be, deployed. No funds may be obligated or expended to extend the New START Treaty after 2021, permit Russian flights over the United States or U.S. allies pursuant to the Open Skies Treaty, permit the approval of new implementation decisions through the Open Skies Consultative Commission, or approve any license to export an item or technology to a Russian person or entity unless the President certifies that Russia has eliminated all missiles that are in violation of, or inconsistent with, the INF treaty. The Department of State shall conduct a review of Russia's RS-26 ballistic missile system. Upon a determination that Russia has flight-tested, produced, or is in possession of certain missiles, the President shall suspend the application of the INF treaty to the United States and notify the other state parties to the treaty of Russia's material breach of, and the U.S. decision to suspend, the treaty.