SECTION 1. SHORT TITLE. This Act may be cited as the ``Government Reform Act of 2003''. SEC. 2. ESTABLISHMENT. There is established a national commission to be known as the ``Government Reform Commission''. SEC. 3. DEFINITIONS. In this Act: (1) The term ``Commission'' means the Government Reform Commission. (2) The term ``documents'' means books, records, papers, accounts, transcripts, transcriptions, and reports, in whatever form or medium they may be preserved. (3) The term ``executive agency'' has the meaning given the term in section 105 of title 5, United States Code. (4) The term ``member'' means a member of the Commission. SEC. 4. MEMBERSHIP. (a) Numbers, Appointment, and Qualifications.--The Commission shall be composed of 12 members, appointed by the President, from among persons who possess-- (1) a degree or an advanced degree in the field of business management or public administration; or (2) a significant background in business supervision, management, and administration. (b) Consultation.--Of the members appointed under subsection (a)-- (1) one member shall be appointed following consultation with the Speaker of the House of Representatives; (2) one member shall be appointed following consultation with the minority leader of the House of Representatives; (3) one member shall be appointed following consultation with the President pro Tempore of the Senate; and (4) one member shall be appointed following consultation with the minority leader of the Senate. (c) Additional Requirements.--The members shall also satisfy the following additional requirements: (1) Each member shall be a United States citizen and shall reside in the United States. (2) Not more than four members shall be from the same political party, excluding those members appointed following consultation required under subsection (b). (3) A member may not currently hold or have held within the preceeding five years any paid position with any local or State government or executive agency. (4) A member may not be a party to an ongoing and continuing contract with any local or State government or executive agency, or be an employee of an entity that is a party to such a contract. (5) A member may not be a lobbyist, as defined by either State or Federal law at the time of the appointment of the member. (d) Operation.-- (1) Appointment.--Members shall be appointed not later than 30 days from the date of enactment of this Act. (2) Chairperson.--The President shall designate one member to serve as chairperson of the Commission. (3) Terms.--Each member shall be appointed for a term of two years and may be reappointed for a second term of two years. No member shall serve more than four years on the Commission. (4) Quorum.--Six members shall constitute a quorum for the purpose of conducting a session of the Commission, but a lesser number may conduct hearings. (5) Compensation.--Members shall serve without pay, but members shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (6) Professional staff.--The Commission may employ, pursuant to laws and regulations governing the civil service, an executive secretary and any clerical, professional, and technical assistants as may be necessary. (7) Mandatory resignation.--In the event that a member accepts a position as an officer or employee of any local or State government or executive agency, the member shall resign from the Commission within 30 days from the date the member accepts such position. (8) Vacancies.--A vacancy in the Commission shall be filled in the manner in which the original appointment was made. The appointment of the replacement member shall be made not later than 30 days after the date on which the vacancy occurs. SEC. 5. DUTIES, RESPONSIBILITIES, AND POWERS. (a) Review of Executive Agencies.-- (1) In general.--The Commission shall-- (A) examine the current configuration of executive agencies and investigate their duties and responsibilities; and (B) review the operational jurisdictions of executive agencies to determine whether areas of overlap exist and whether the mission of any agency has become obsolete. (2) Process.--As part of the review under paragraph (1), the Commission shall identify and address-- (A) opportunities for increasing efficiency and reducing costs in executive agencies as a result of executive action or legislation; (B) areas within executive agencies where managerial accountability can be enhanced and administrative control can be improved; (C) any Federal programs that have accomplished their original objectives and should be terminated; (D) any Federal services that could be provided at lower cost by the private sector; (E) budget process reforms that could yield savings, increase accountability and efficiency, and enhance public confidence in the budget process; and (F) areas for further study based on likelihood for potential savings. (b) Review of Prior Reform Efforts.-- (1) In general.--The Commission shall review existing Government Accounting Office, Congressional Budget Office, and Inspector General reports, together with any other existing governmental and nongovernmental recommendations, including recommendations offered by the President's Private Sector Survey on Cost Control, for reducing waste in executive agencies. (2) Reports.--Based on the review under paragraph (1), the Commission shall periodically submit to the President and Congress reports which shall include the following: (A) A list of such recommendations to reduce waste in executive agencies that the Commission determines are most significant. (B) The estimated cost savings of the recommendations. (C) A determination of whether the recommendations can be implemented by executive order or whether they instead require legislative action. (c) Proposed Reorganization Plan.-- (1) In general.--Upon completion of the reviews required under subsections (a) and (b), but not later than July 15, 2004, the Commission shall submit to the President and Congress a proposed reorganization plan for executive agencies. The proposed reorganization plan shall provide for the realignment or closure of executive agencies to reduce duplication of services and increase productivity. (2) Visitation.--The Commission may not recommend an executive agency for realignment or closure unless at least one member has visited the executive agency prior to January 1, 2004, as part of the review conducted under subsection (a). (3) Transmittal.--The Commission shall transmit a copy of the proposed reorganization plan to the Director of the Office of Management and Budget, who shall prepare and issue a public report that details the predicted savings in Federal expenditures that would result from implementing the reorganization plan. (d) Hearings and Sessions.-- (1) In general.--The Commission shall meet in session at least once per month at the call of the chairperson. Additionally, as part of its review process, the Commission shall conduct three public hearings across the United States. The final hearing shall be held in Washington, D.C., not later than March 1, 2004. (2) Additional powers.--The Commission may-- (A) meet at additional times and places that it may consider appropriate; (B) issue subpoenas to compel the attendance of witnesses and the production of documents; (C) administer oaths; and (D) contract, as it considers appropriate, for the provision of services, facilities, studies, and reports that will assist the Commission in carrying out its duties, responsibilities, and powers. SEC. 6. PRESIDENTIAL ACTION ON REORGANIZATION PLAN. (a) Presidential Consideration.--No later than August 1, 2004, the President shall act on the proposed reorganization plan submitted by the Commission, either by approving the plan without alteration or amendment, or by returning the plan to the Commission for review. If the President returns the plan to the Commission, the President shall include such proposed revisions to the plan as the President considers appropriate. (b) Review and Revision.--If the proposed reorganization plan is returned to the Commission for revision, the Commission shall have 30 days in which to review the Presidential recommendations submitted under subsection (a) and to revise the plan. The Commission may, at its discretion, incorporate any recommendations proposed by the President to the plan. (c) Resubmission.--At the conclusion of the 30-day period, the Commission shall resubmit the reorganization plan to the President and Congress and retransmit a copy of such plan to the Director of the Office of Management and Budget. The Director shall prepare and issue a revised public report that details the predicted savings in federal expenditures that would result from implementing the revised reorganization. (d) Effect of Rejection.--If the President rejects the resubmitted reorganization plan, such rejection shall conclude the reorganization process for the year under this Act. The Commission may, following reconsideration and at least one public hearing, resubmit a revised reorganization plan in the following year. SEC. 7. CONGRESSIONAL ACTION ON REORGANIZATION PLAN. (a) Submission to Congress.--If the President approves the proposed reorganization plan submitted by the Commission, the President shall submit the reorganization plan, free of alterations or amendments, to Congress. (b) Effective Date.-- (1) Congressional consideration.--The reorganization plan submitted under subsection (a) shall be deemed to be a reorganization plan submitted under chapter 9 of title 5, United States Code, except that the reorganization plan shall take effect on the first day following 60 calendar days of continuous session of Congress, beginning on the date on which the plan is submitted, or a later date as may be provided by the plan, unless Congress enacts a joint resolution rejecting the reorganization plan. (2) Suspension of section.--This Act shall be valid for all intents and purposes notwithstanding section 905(b) of title 5, United States Code. (c) Reorganization.--Unless the reorganization plan is rejected as provided in subsection (b), those executive agencies recommended for realignment or closure in the reorganization plan shall be realigned or closed beginning as soon as practicable after the effective date of the reorganization plan, and completed within three years after the effective date. SEC. 8. TERMINATION. The Commission shall terminate at the end of the 30-day period beginning on the effective date of the reorganization plan or the date a joint resolution rejecting the reorganization plan is enacted. SEC. 9. FUNDING AND SUPPORT. The Commission shall be funded, staffed, and equipped without cost to the Federal Government. To accomplish this objective, the Secretary of Commerce shall engage in a joint project with a nonprofit organization in accordance with the first section of Public Law 91-412 (15 U.S.C. 1525).

Summary: Government Reform Act of 2003 - Establishes a Government Reform Commission to: (1) examine the current configuration of executive agencies and investigate their duties and responsibilities; (2) review agency operational jurisdictions to determine whether areas of overlap exist and whether the mission of any agency has become obsolete; (3) review and report to the President and Congress on existing Government Accounting Office, Congressional Budget Office, and Inspector General reports, together with any other existing governmental and nongovernmental recommendations, including those offered by the President's Private Sector Survey on Cost Control, for reducing waste in executive agencies; (4) submit to the President and Congress a proposed reorganization plan which shall provide for the realignment or closure of executive agencies to reduce duplication of services and increase productivity; and (5) transmit a copy of the plan to the Director of the Office of Management and Budget, who shall issue a public report detailing the predicted savings in Federal expenditures that would result from implementing such plan.Sets forth separate provisions for presidential and congressional consideration of and actions on the proposed reorganization plan.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Emergency Mortgage Loan Modification Act of 2008''. SEC. 2. SAFE HARBOR FOR QUALIFIED LOAN MODIFICATIONS OR WORKOUT PLANS FOR CERTAIN RESIDENTIAL MORTGAGE LOANS. (a) Standard for Loan Modifications or Workout Plans.--Absent contractual provisions to the contrary-- (1) the duty to maximize, or to not adversely affect, the recovery of total proceeds from pooled residential mortgage loans is owed by a servicer of such pooled loans to the securitization vehicle for the benefit of all investors and holders of beneficial interests in the pooled loans, in the aggregate, and not to any individual party or group of parties; and (2) a servicer of pooled residential mortgage loans shall be deemed to be acting on behalf of the securitization vehicle in the best interest of all investors and holders of beneficial interests in the pooled loans, in the aggregate, if for a loan that is in payment default under the loan agreement or for which payment default is imminent or reasonably foreseeable, the loan servicer makes reasonable and documented efforts to implement a modification or workout plan or, if such efforts are unsuccessful or such plan would be infeasible, engages in other loss mitigation, including accepting a short payment or partial discharge of principal, or agreeing to a short sale of the property, to the extent that the servicer reasonably believes the particular modification or workout plan or other mitigation actions will maximize the net present value to be realized on the loan, including over that which would be realized through foreclosure. (b) Safe Harbor.--Absent contractual provisions to the contrary, a servicer of a residential mortgage loan that acts in a manner consistent with the duty set forth in subsection (a), shall not be liable for entering into a qualified loan modification or workout plan, to-- (1) any person, based on that person's ownership of a residential mortgage loan or any interest in a pool of residential mortgage loans or in securities that distribute payments out of the principal, interest and other payments in loans on the pool; (2) any person who is obligated pursuant to a derivatives instrument to make payments determined in reference to any loan or any interest referred to in paragraph (1); or (3) any person that insures any loan or any interest referred to in paragraph (1) under any law or regulation of the United States or any law or regulation of any State or political subdivision of any State. (c) Rule of Construction.--No provision of this section shall be construed as limiting the ability of a servicer to enter into loan modifications or workout plans other than qualified loan modification or workout plans. (d) Definitions.--For purposes of this section, the following definitions shall apply: (1) Qualified loan modification or workout plan.--The term ``qualified loan modification or workout plan'' means a modification or plan that-- (A) is scheduled to remain in place until the borrower sells or refinances the property, or for at least 5 years from the date of adoption of the plan, whichever is sooner; (B) does not provide for a repayment schedule that results in negative amortization at any time; and (C) does not require the borrower to pay additional points and fees. (2) Negative amortization.--For purposes of paragraph (1), the term ``negative amortization'' does not include the capitalization of delinquent interest and arrearages. (3) Residential mortgage loan defined.--The term ``residential mortgage loan'' means a loan that is secured by a lien on an owner-occupied residential dwelling. (4) Securitization vehicle.--The term ``securitization vehicle'' means a trust, corporation, partnership, limited liability entity, special purpose entity, or other structure that-- (A) is the issuer, or is created by the issuer, of mortgage pass-through certificates, participation certificates, mortgage-backed securities, or other similar securities backed by a pool of assets that includes residential mortgage loans; and (B) holds such loans. (e) Effective Period.--This section shall apply only with respect to qualified loan modification or workout plans initiated prior to January 1, 2011.

Summary: Emergency Mortgage Loan Modification Act of 2008 - Establishes a standard for loan modifications or workout plans for pools of certain residential mortgage loans. States that the servicer of such pooled loans owes a duty to the securitization vehicle to maximize recovery of proceeds for the benefit of all investors and holders of beneficial interests in the pooled loans, in the aggregate, and not to any individual party or group of parties. Deems the loan servicer to be acting on behalf of the securitization vehicle in the best interest of all such investors and holders if the servicer makes certain loss mitigation efforts for a loan in or facing payment default in the reasonable belief that the particular modification, workout plan, or other mitigation actions will maximize the net present value to be realized over that which would be realized through foreclosure. Declares that, absent contractual provisions to the contrary, a servicer acting in a manner consistent with such duty shall not be liable to specified persons (including any person obligated pursuant to a derivatives instrument to make specified payments) for entering into a qualified loan modification or workout plan for loss mitigation purposes. Defines "qualified loan modification or workout plan" as one that: (1) is scheduled to remain in place until the borrower sells or refinances the property, or for at least five years from the date of adoption of the plan, whichever is sooner; (2) does not provide for a repayment schedule that results in negative amortization at any time; and (3) does not require the borrower to pay additional points and fees. States that, for purposes of a qualified loan modification or workout plan, negative amortization does not include capitalization of delinquent interest and arrearages. Defines "securitization vehicle" as a trust, corporation, partnership, limited liability entity, special purpose entity, or other structure that: (1) is the issuer, or is created by the issuer, of mortgage pass-through certificates, participation certificates, mortgage-backed securities, or other similar securities backed by a pool of assets that includes residential mortgage loans; and (2) holds such loans.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Unfunded Mandates Accountability Act of 2011''. SEC. 2. FINDINGS. Congress finds the following: (1) The public has a right to know the benefits and costs of regulation. Regulations impose significant costs on individuals, employers, State, local, and tribal governments, diverting resources from other important priorities. (2) Better regulatory analysis and review should improve the quality of agency decisions, increasing the benefits and reducing unwarranted costs of regulation. (3) Disclosure and scrutiny of key information underlying agency decisions should make Government more accountable to the public it serves. SEC. 3. REGULATORY IMPACT ANALYSES FOR CERTAIN RULES. Section 202 of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1532) is amended-- (1) by striking the section heading and inserting the following: ``SEC. 202. REGULATORY IMPACT ANALYSES FOR CERTAIN RULES.''; (2) by redesignating subsections (b) and (c) as subsections (d) and (e), respectively; (3) by striking subsection (a) and inserting the following: ``(a) Definition.--In this section, the term `cost' means the cost of compliance and any reasonably foreseeable indirect costs, including revenues lost as a result of an agency rule subject to this section. ``(b) In General.--Before promulgating any proposed or final rule that may have an annual effect on the economy of $100,000,000 or more (adjusted for inflation), or that may result in the expenditure by State, local, and tribal governments, in the aggregate, of $100,000,000 or more (adjusted for inflation) in any 1 year, each agency shall prepare and publish in the Federal Register an initial and final regulatory impact analysis. The initial regulatory impact analysis shall accompany the agency's notice of proposed rulemaking and shall be open to public comment. The final regulatory impact analysis shall accompany the final rule. ``(c) Content.--The initial and final regulatory impact analysis under subsection (b) shall include-- ``(1)(A) an analysis of the anticipated benefits and costs of the rule, which shall be quantified to the extent feasible; ``(B) an analysis of the benefits and costs of a reasonable number of regulatory alternatives within the range of the agency's discretion under the statute authorizing the rule, including alternatives that-- ``(i) require no action by the Federal Government; and ``(ii) use incentives and market-based means to encourage the desired behavior, provide information upon which choices can be made by the public, or employ other flexible regulatory options that permit the greatest flexibility in achieving the objectives of the statutory provision authorizing the rule; and ``(C) an explanation that the rule meets the requirements of section 205; ``(2) an assessment of the extent to which-- ``(A) the costs to State, local, and tribal governments may be paid with Federal financial assistance (or otherwise paid for by the Federal Government); and ``(B) there are available Federal resources to carry out the rule; ``(3) estimates of-- ``(A) any disproportionate budgetary effects of the rule upon any particular regions of the Nation or particular State, local, or tribal governments, urban or rural or other types of communities, or particular segments of the private sector; and ``(B) the effect of the rule on job creation or job loss, which shall be quantified to the extent feasible; and ``(4)(A) a description of the extent of the agency's prior consultation with elected representatives (under section 204) of the affected State, local, and tribal governments; ``(B) a summary of the comments and concerns that were presented by State, local, or tribal governments either orally or in writing to the agency; and ``(C) a summary of the agency's evaluation of those comments and concerns.''; (4) in subsection (d) (as redesignated by paragraph (2) of this subsection), by striking ``subsection (a)'' and inserting ``subsection (b)''; and (5) in subsection (e) (as redesignated by paragraph (2) of this subsection), by striking ``subsection (a)'' each place that term appears and inserting ``subsection (b)''. SEC. 4. LEAST BURDENSOME OPTION OR EXPLANATION REQUIRED. Section 205 of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1535) is amended to read as follows: ``SEC. 205. LEAST BURDENSOME OPTION OR EXPLANATION REQUIRED. ``Before promulgating any proposed or final rule for which a regulatory impact analysis is required under section 202, the agency shall-- ``(1) identify and consider a reasonable number of regulatory alternatives within the range of the agency's discretion under the statute authorizing the rule, including alternatives required under section 202(c)(1)(B); and ``(2) from the alternatives described under paragraph (1), select the least costly, most cost-effective, or least burdensome alternative that achieves the objectives of the statute.''. SEC. 5. INCLUSION OF APPLICATION TO INDEPENDENT REGULATORY AGENCIES. (a) In General.--Section 421(1) of the Congressional Budget and Impoundment Control Act of 1974 (2 U.S.C. 658(1)) is amended by striking ``, but does not include independent regulatory agencies''. (b) Exemption for Monetary Policy.--The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1501 et seq.) is amended by inserting after section 5 the following: ``SEC. 6. EXEMPTION FOR MONETARY POLICY. ``Nothing in title II, III, or IV shall apply to rules that concern monetary policy proposed or implemented by the Board of Governors of the Federal Reserve System or the Federal Open Market Committee.''. SEC. 6. JUDICIAL REVIEW. Section 401 of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1571) is amended to read as follows: ``SEC. 401. JUDICIAL REVIEW. ``(a) In General.--For any rule subject to section 202, a party aggrieved by final agency action is entitled to judicial review of an agency's analysis under and compliance with subsections (b) and (c)(1) of section 202 and section 205. The scope of review shall be governed by chapter 7 of title 5, United States Code. ``(b) Jurisdiction.--Each court having jurisdiction to review a rule subject to section 202 for compliance with section 553 of title 5, United States Code, or under any other provision of law, shall have jurisdiction to review any claims brought under subsection (a) of this section. ``(c) Relief Available.--In granting relief in an action under this section, the court shall order the agency to take remedial action consistent with chapter 7 of title 5, United States Code, including remand and vacatur of the rule.''. SEC. 7. EFFECTIVE DATE. This Act shall take effect 90 days after the date of enactment of this Act.

Summary: Unfunded Mandates Accountability Act of 2011 - Amends the Unfunded Mandates Reform Act of 1995 to: (1) require regulatory impact analyses for rules that do not involve a legislative mandate and for final rules that do not have a prior notice of proposed rulemaking; (2) require federal agencies to prepare and publish in the Federal Register an initial and final regulatory impact analysis prior to promulgating any proposed or final rule that may have an annual effect on the economy of $100 million or more or that may result in the expenditure of $100 million or more in any one year by state, local, and tribal governments; (3) require such agencies to identify and consider regulatory alternatives before promulgating any proposed or final rule and select the least costly, most cost-effective, or least burdensome alternative; (4) define "cost" as the cost of compliance and any reasonably foreseeable indirect cost resulting from agency rulemaking; (5) exempt rules concerning monetary policy proposed or implemented by the Board of Governors of the Federal Reserve System or the Federal Open Market Committee from provisions of such Act relating to regulatory accountability and reform, review of federal mandates, and judicial review; and (6) expand provisions relating to judicial review of regulatory impact analyses. Amends the Congressional Budget and Impoundment Control Act of 1974 to require independent regulatory agencies to conduct regulatory impact analyses.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Foreign-Held Debt Transparency and Threat Assessment Act''. SEC. 2. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the following: (A) The Committee on Armed Services, the Committee on Foreign Relations, the Committee on Finance, and the Committee on the Budget of the Senate. (B) The Committee on Armed Services, the Committee on Foreign Affairs, the Committee on Ways and Means, and the Committee on the Budget of the House of Representatives. (2) Debt instruments of the united states.--The term ``debt instruments of the United States'' means all bills, notes, and bonds issued or guaranteed by the United States or by an entity of the United States Government, including any Government- sponsored enterprise. SEC. 3. FINDINGS. Congress makes the following findings: (1) On March 16, 2006, the United States Senate debated and then narrowly passed legislation, H.J. Res. 47, to increase the statutory limit on the public debt of the United States. In a statement published in the Congressional Record, then-Senator Barack Obama opposed the legislation and stated, ``The fact that we are here today to debate raising America's debt limit is a sign of leadership failure. It is a sign that the U.S. Government can't pay its own bills. It is a sign that we now depend on ongoing financial assistance from foreign countries to finance our Government's reckless fiscal policies.''. Then- Senator Obama went on to say that ``Increasing America's debt weakens us domestically and internationally. Leadership means that `the buck stops here'. Instead, Washington is shifting the burden of bad choices today onto the backs of our children and grandchildren. America has a debt problem and a failure of leadership. Americans deserve better.''. (2) On February 25, 2010, United States Secretary of State, Hillary Rodham Clinton, urged members of Congress to address the Federal budget deficit: ``We have to address this deficit and the debt of the United States as a matter of national security, not only as a matter of economics. I do not like to be in a position where the United States is a debtor nation to the extent that we are.''. The Secretary went on to say that reliance on foreign creditors has hit the United States ``ability to protect our security, to manage difficult problems and to show the leadership that we deserve.''. (3) On February 16, 2011, Admiral Mike Mullen, Chairman of the Joint Chiefs of Staff, testified before the Committee on Armed Services of the Senate: ``Indeed, I believe that our debt is the greatest threat to our national security. If we as a country do not address our fiscal imbalances in the near-term, our national power will erode, and the costs to our ability to maintain and sustain influence could be great.''. (4) The Department of the Treasury borrows from the private economy by selling securities, including Treasury bills, notes, and bonds, in order to finance the Federal budget deficit. This additional borrowing to finance the deficit adds to the Federal debt. (5) The Federal debt stands at more than $14,345,000,000,000. (6) According to a report issued by the Department of the Treasury on May 16, 2011, entitled ``Major Foreign Holders of Treasury Securities'', foreign holdings of United States Treasury securities stood at more than $3,175,000,000,000 at the end of March 2011. The People's Republic of China was the single largest holder with holdings of more than $1,144,000,000,000. (7) Despite efforts by the Department of the Treasury to identify the nationality of the ultimate holders of United States securities, including United States Treasury securities, data pertaining to foreign holders of these securities may still fail to reflect the true nationality of the foreign entities involved. For example, another Department of the Treasury report, issued on February 28, 2011, entitled ``Preliminary Report on Foreign Holdings of U.S. Securities At End-June 2010'', assigns $732,000,000,000 worth of United States securities to the Cayman Islands, a British overseas territory with a population of only 55,000 people. The Cayman Islands is not itself a large investor in United States securities; rather, it is a major international financial center and is routinely used as a place to invest funds from elsewhere. (8) On February 25, 2010, Simon Johnson, an economics professor at the Massachusetts Institute of Technology and a former chief economist for the International Monetary Fund, testified before the U.S.-China Economic and Security Review Commission that United States Treasury data understate Chinese holdings of United States Government debt and ``do not reveal the ultimate country of ownership when debt instruments are held through an intermediary in another jurisdiction.''. He stated that ``a great deal'' of the United Kingdom's increase in United States Treasury securities last year ``may be due to China placing offshore dollars in London-based banks'', which are then used to purchase United States Treasury securities. (9) On February 25, 2010, Dr. Eswar Prasad, an economist at Cornell University, testified before the U.S.-China Economic and Security Review Commission that the amount of United States debt held by the People's Republic of China is much higher than United States Treasury data indicate. In his revised testimony, Dr. Prasad went on to explain that China is probably currently holding more than $1,300,000,000,000 in United States Treasury securities. (10) According to a February 3, 2009, report by the Heritage Foundation, entitled ``Chinese Foreign Investment: Insist on Transparency'', the State Administration of Foreign Exchange (SAFE) of the People's Republic of China, the government body that purchases foreign securities, is the single largest global investor and the largest foreign investor in the United States. (11) According to a September 2008 Council on Foreign Relations report entitled ``Sovereign Wealth and Sovereign Power,'' ``. . . political might is often linked to financial might, and a debtor's capacity to project military power hinges on the support of its creditors . . . The United States' main sources of financing are not allies.''. The report goes on to argue that, ``the United States' current reliance on other governments for financing represents an underappreciated strategic vulnerability.''. (12) In recent years, Chinese military officials have publicized the potential use of United States Treasury securities as a means of influencing United States policy and deterring specific United States actions. On February 8, 2010, retired People's Liberation Army (PLA) Major General Luo Yuan, from the PLA Academy of Military Science, stated in an interview with state-controlled media that China could attack the United States ``by oblique means and stealthy feints'', in retaliation for United States arms sales to Taiwan. He went on to say, ``Our retaliation should not be restricted to merely military matters, and we should adopt a strategic package of counterpunches covering politics, military affairs, diplomacy and economics to treat both the symptoms and root cause of this disease. For example, we could sanction them using economic means, such as dumping some U.S. government bonds.''. (13) The PLA has also referenced the concept of nonmilitary aspects of deterrence in written statements. A PLA textbook, ``The Science of Military Strategy'', observes that there are various forms of deterrence, including economic and technological, all of which need to be developed and consciously strengthened in order to maximize effect. These forms will only work ``with the determination and volition of employment of the force, and by dangling the word of deterrence over the rival's head in case of necessity.''. (14) According to a May 16, 2011, report by ABC News, a congressional delegation of 10 United States Senators visited China in April 2011, and met with Chinese government officials. The news report indicates that, during one meeting, the Senators were reprimanded by a Chinese official regarding the mounting United States Federal debt. (15) A February 7, 2010, report by Defense News suggests that China's extensive holdings of United States Government securities have already directly influenced United States national security policy. According to an unnamed Pentagon official, Obama Administration officials softened a draft of a key national security document in order to avoid ``harsh words'' that ``might upset Chinese officials at a time when the United States and China are economically intertwined.''. The news report indicates that these officials ``deleted several passages and softened others about China's military buildup''. This critical document, the 2010 Quadrennial Defense Review, provides an assessment of long-term threats and challenges for the Nation and is intended to guide military programs, plans, and budgets in the coming decades. (16) The United States Government pays China a substantial amount of interest on China's $1,144,000,000,000 in holdings of United States Government debt, and this enhances China's ability to fund its own military programs. (17) According to a March 4, 2011, report by Xinhua, the official press agency of the government of the People's Republic of China, China plans to increase its 2011 military budget by 12.7 percent to 601,000,000,000 yuan (the equivalent of $91,500,000,000). This increase is in addition to China's 2010 increase in its military budget of 7.5 percent. (18) According to the Department of Defense's (DoD) 2010 report entitled ``Military and Security Developments Involving the People's Republic of China,'' the DoD estimates China's actual total military-related spending for 2009 to be over $150,000,000,000. SEC. 4. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the growing Federal debt of the United States has the potential to jeopardize the national security and economic stability of the United States; (2) the increasing dependence of the United States on foreign creditors has the potential to make the United States vulnerable to undue influence by certain foreign creditors in national security and economic policymaking; (3) the People's Republic of China is the largest foreign creditor of the United States, in terms of its overall holdings of debt instruments of the United States; (4) the current level of transparency in the scope and extent of foreign holdings of debt instruments of the United States is inadequate and needs to be improved, particularly regarding the holdings of the People's Republic of China; (5) through the People's Republic of China's large holdings of debt instruments of the United States, China has become a super creditor of the United States; (6) under certain circumstances, the holdings of the People's Republic of China could give China a tool with which China can try to manipulate the domestic and foreign policymaking of the United States, including the United States relationship with Taiwan; (7) under certain circumstances, if the People's Republic of China were to be displeased with a given United States policy or action, China could attempt to destabilize the United States economy by rapidly divesting large portions of China's holdings of debt instruments of the United States; and (8) the People's Republic of China's expansive holdings of such debt instruments of the United States could potentially pose a direct threat to the United States economy and to United States national security. This potential threat is a significant issue that warrants further analysis and evaluation. SEC. 5. QUARTERLY REPORT ON RISKS POSED BY FOREIGN HOLDINGS OF DEBT INSTRUMENTS OF THE UNITED STATES. (a) Quarterly Report.--Not later than March 31, June 30, September 30, and December 31 of each year, the President shall submit to the appropriate congressional committees a report on the risks posed by foreign holdings of debt instruments of the United States, in both classified and unclassified form. (b) Matters To Be Included.--Each report submitted under this section shall include the following: (1) The most recent data available on foreign holdings of debt instruments of the United States, which data shall not be older than the date that is 7 months preceding the date of the report. (2) The country of domicile of all foreign creditors who hold debt instruments of the United States. (3) The total amount of debt instruments of the United States that are held by the foreign creditors, broken out by the creditors' country of domicile and by public, quasi-public, and private creditors. (4) For each foreign country listed in paragraph (2)-- (A) an analysis of the country's purpose in holding debt instruments of the United States and long-term intentions with regard to such debt instruments; (B) an analysis of the current and foreseeable risks to the long-term national security and economic stability of the United States posed by each country's holdings of debt instruments of the United States; and (C) a specific determination of whether the level of risk identified under subparagraph (B) is acceptable or unacceptable. (c) Public Availability.--The President shall make each report required by subsection (a) available, in its unclassified form, to the public by posting it on the Internet in a conspicuous manner and location. SEC. 6. ANNUAL REPORT ON RISKS POSED BY THE FEDERAL DEBT OF THE UNITED STATES. (a) In General.--Not later than December 31 of each year, the Comptroller General of the United States shall submit to the appropriate congressional committees a report on the risks to the United States posed by the Federal debt of the United States. (b) Content of Report.--Each report submitted under this section shall include the following: (1) An analysis of the current and foreseeable risks to the long-term national security and economic stability of the United States posed by the Federal debt of the United States. (2) A specific determination of whether the levels of risk identified under paragraph (1) are sustainable. (3) If the determination under paragraph (2) is that the levels of risk are unsustainable, specific recommendations for reducing the levels of risk to sustainable levels, in a manner that results in a reduction in Federal spending. SEC. 7. CORRECTIVE ACTION TO ADDRESS UNACCEPTABLE AND UNSUSTAINABLE RISKS TO UNITED STATES NATIONAL SECURITY AND ECONOMIC STABILITY. In any case in which the President determines under section 5(b)(4)(C) that a foreign country's holdings of debt instruments of the United States pose an unacceptable risk to the long-term national security or economic stability of the United States, the President shall, within 30 days of the determination-- (1) formulate a plan of action to reduce the risk level to an acceptable and sustainable level, in a manner that results in a reduction in Federal spending; (2) submit to the appropriate congressional committees a report on the plan of action that includes a timeline for the implementation of the plan and recommendations for any legislative action that would be required to fully implement the plan; and (3) move expeditiously to implement the plan in order to protect the long-term national security and economic stability of the United States.

Summary: Foreign-Held Debt Transparency and Threat Assessment Act - Expresses the sense of Congress about the growing federal debt of the United States, the increasing U.S. dependence on foreign creditors like the People's Republic of China, whose holdings could give China a tool with which to manipulate U.S. policymaking (including with respect to Taiwan) and pose a direct threat to the national economy and national security. Directs the President to report quarterly to certain congressional committees on the risks posed by foreign holdings of U.S. debt instruments, and make such report public on the Internet. Directs the President to formulate, report to the appropriate congressional committees, and implement a plan of action to reduce an unsustainable level of risk to an acceptable and sustainable level, in a manner that results in a reduction in federal spending, in any case in which the President makes specified determinations that a foreign country's holdings of U.S. debt instruments pose an unacceptable risk to long-term national security or economic stability of the United States.


SECTION 1. SHORT TITLE. This Act may be cited as the ``William H. Gray, III, College Completion Challenge Grant Program of 1999''. SEC. 2. PROGRAM AUTHORIZED. Subpart 2 of part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1132a et seq.) is amended by adding at the end thereof the following new chapter: ``CHAPTER 4--WILLIAM H. GRAY, III, COLLEGE COMPLETION CHALLENGE GRANT PROGRAM ``SEC. 408A. FINDINGS. ``Congress makes the following findings: ``(1) Students from low-income families are significantly more likely to leave a 4-year institution of higher education without a baccalaureate degree than are students with higher incomes. ``(2) Even among students with above average grades, low- income students are still more likely to leave a 4-year institution of higher education without a baccalaureate degree than are students with higher incomes, especially low-income students enrolled at private institutions. ``(3) This lack of persistence to completion of a baccalaureate degree continues to contribute to the gap in educational attainment and ultimate income levels between disadvantaged students and their more affluent classmates. ``(4) While the focus of Federal student financial assistance and higher education programs has traditionally been to ensure access to postsecondary education, the Federal Government should expand its role in student financial assistance programs for postsecondary education to address this lack of persistence to baccalaureate degree completion. ``(5) The amount of grant assistance provided to postsecondary students is critical to their persistence and degree attainment. ``(6) In addition to economic disadvantage, the following factors significantly contribute to a student dropping out of a 4-year institution of higher education: ``(A) A delayed entry into postsecondary education after graduating from high school. ``(B) A low grade point average. ``(C) Working full-time while enrolled. ``(D) Being a first-generation college student. ``(E) Being less engaged with an academic program. ``(7) Most students who drop out of college, particularly those at the greatest risk of leaving their programs of study without a baccalaureate degree, do so during the first 2 years of study. ``(8) At-risk students who receive targeted academic support services persist to degree completion at higher rates than at-risk students who do not receive such services. ``(9) Educators interested in student retention have long viewed intensive academic summer programs for incoming first- year students as very important in helping students from disadvantaged backgrounds become acclimated to college life and in improving retention. ``SEC. 408B. PURPOSE AND PROGRAM AUTHORITY. ``(a) Purpose.--The purpose of this program is to assist institutions of higher education to help students who are at risk of ending their postsecondary education prior to obtaining baccalaureate degrees, particularly those who are economically disadvantaged, to stay in school until they obtain those degrees. ``(b) Program Authorized.--From funds appropriated pursuant to section 408G for each fiscal year, the Secretary is authorized, in accordance with the requirements of this chapter, to award competitive grants to eligible institutions to enable them to pay the Federal share of the costs of carrying out programs designed to meet the purpose of this chapter. ``(c) Duration of Grant.--A grant made under this chapter shall be awarded for a period of 3 years. ``SEC. 408C. INSTITUTIONAL ELIGIBILITY. ``(a) In General.--An institution of higher education is eligible to receive a grant under this chapter if the institution-- ``(1) meets the requirements of section 102; and ``(2) awards baccalaureate degrees, or, subject to subsection (b)(1), associate degrees. ``(b) Limitations.-- ``(1) Associate degree-granting institutions.--An eligible applicant that awards only associate degrees may apply for a grant under this chapter only as part of a consortium that includes one or more institutions of higher education that awards baccalaureate degrees. ``(2) Multiple grants.--An institution that receives a grant under this chapter may compete to receive a subsequent grant, but may not receive more than two grants under this chapter. ``SEC. 408D. APPLICATION PROCESS. ``(a) In General.-- ``(1) ____.--Each eligible applicant that desires a grant under this chapter shall submit to the Secretary an application for that grant at such time and containing such information as the Secretary may prescribe. ``(2) Demonstration of prior commitment.--In order to receive a grant under this chapter, an applicant shall demonstrate in its application, to the satisfaction of the Secretary, its successful prior commitment to the purposes of this chapter, through the prior support of at least one of the activities described in section 408E(a). ``(b) Matching Requirement.-- ``(1) In general.--The Federal share of the cost of programs assisted under this chapter shall not be more than 50 percent, and the matching funds shall be from non-Federal sources. ``(2) Consortia.--The Secretary may establish in regulations the matching requirement applicable to a consortium of institutions in which some of the institutions are eligible for a waiver of the matching requirement pursuant to section 395 or section 515. ``(c) Coordination Requirement.--Each eligible institution shall ensure that the activities provided under this chapter are, to the extent practicable, coordinated with, complement, and enhance related services under other Federal and non-Federal programs, and do not duplicate the services already provided at that institution. ``(d) Supplement, Not Supplant.--Funds under this chapter shall be used to supplement, and not supplant, non-Federal funds expended for existing programs. ``SEC. 408E. AUTHORIZED ACTIVITIES. ``(a) In General.--An eligible institution that receives a grant under this chapter shall, except as provided in subsection (b), use the grant to provide services or assistance to students at risk of leaving their programs of study without baccalaureate degrees, particularly economically disadvantaged students, by carrying out one or more of the following: ``(1) Implementing an intensive summer program for incoming first-year students (or students entering their second or third year of postsecondary education if the institution can demonstrate that it is addressing the needs of first-year students and that a summer program could help retention of second- or third-year students at risk of dropping out), provided that the institution demonstrates in its application that it has a strong commitment to student retention through additional activities. ``(2) Developing a strong student support service program, targeted to students in their first 2 years of postsecondary education, that includes activities such as-- ``(A) peer tutoring; ``(B) mentoring programs involving faculty and upper class students; ``(C) activities to assist students currently enrolled in a 2-year institution to secure admission and financial assistance in a 4-year program of postsecondary education; ``(D) activities to assist students in securing admission and financial assistance for enrollment in graduate and professional programs; and ``(E) assistance in course selection. ``(3) Providing grants to students in their first 2 years of postsecondary education, in an amount not less than required under subsection (c), except that a recipient that provides grants under this paragraph shall also provide services under paragraphs (1) or (2), or both. ``(b) Special Rule.--A recipient of funds under this chapter may serve students who have completed their first 2 years of postsecondary education if it demonstrates in its application, to the satisfaction of the Secretary, that-- ``(1) these students are at high risk of dropping out; and ``(2) it will first meet the needs of all its eligible first- and second-year students for services under this chapter. ``(c) Grant Size.-- ``(1) In general.--The Secretary may, by regulation, establish minimum student grant award levels for purposes of subsection (a)(3), taking into account such factors as the different costs of attendance associated with public and private institutions. ``(2) Exception.--If the Secretary does not establish minimum student grant award levels under paragraph (1), or if an institution wishes to provide grants under subsection (a)(3) in an amount less than the minimum set by the Secretary, the institution shall demonstrate in its application, to the satisfaction of the Secretary, that the size of the grants it will provide is appropriate and likely to have a significant effect on the persistence problem at that institution. ``SEC. 408F. RELATION TO OTHER FINANCIAL ASSISTANCE. ``A grant provided to a student by an eligible institution from an award made under this chapter shall not be considered in determining that student's need for grant or work assistance under this title, except that in no case shall the total amount of student financial assistance awarded to a student under this title exceed that student's cost of attendance, as defined by section 472. ``SEC. 408G. AUTHORIZATION OF APPROPRIATIONS. ``(a) In General.--There are authorized to be appropriated to carry out this chapter $35,000,000 for fiscal year 2000, and such sums as may be necessary for each of the 4 succeeding fiscal years.-- ``(b) Special Rule.--From the amounts appropriated under subsection (a) for any fiscal year, the Secretary may reserve up to 1 percent of such amount for that fiscal year in order to carry out an evaluation of the program authorized by this chapter.''. SEC. 3. EFFECTIVE DATE. The amendment made by section 2 shall be effective on October 1, 1999.

Summary: Authorizes the Secretary of Education to make competitive matching grants to such institutions or consortia (which may include associate degree-granting institutions belonging to a consortium that also includes baccalaureate degree- granting institutions). Limits to two the number of such grants to any institution. Requires institutions to use grant funds to provide services or assistance to students, particularly economically disadvantaged students, at risk of leaving their programs of study without baccalaureate degrees. Requires this to be done through one or both of the following: (1) intensive summer programs for incoming first-year students (and, under certain conditions, second- or third-year students); and (2) student support service programs, targeted to students in their first two years of postsecondary education. Allows institutions, if they carry out either or both of those required programs, to use such funds also for grants to students in their first two years of postsecondary education. Allows use of such funds to serve students who have completed their first two years of postsecondary education if they are at-risk and the institution will first meet the needs of all its eligible first- and second-year students for services under this Act. Authorizes appropriations.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Land Disposal Program Flexibility Act of 1996''. SEC. 2. LAND DISPOSAL RESTRICTIONS. Section 3004(g) of the Solid Waste Disposal Act is amended by adding after paragraph (6) the following: ``(7) Solid waste identified as hazardous based solely on one or more characteristics shall not be subject to this subsection, any prohibitions under subsection (d), (e), or (f), or any requirement promulgated under subsection (m) (other than any applicable specific methods of treatment, as provided in paragraph (8)) if the waste-- ``(A) is treated in a treatment system that subsequently discharges to waters of the United States pursuant to a permit issued under section 402 of the Federal Water Pollution Control Act (commonly known as the ``Clean Water Act'') (33 U.S.C. 1342), treated for the purposes of the pretreatment requirements of section 307 of the Clean Water Act (33 U.S.C. 1317), or treated in a zero discharge system that, prior to any permanent land disposal, engages in treatment that is equivalent to treatment required under section 402 of the Clean Water Act (33 U.S.C. 1342) for discharges to waters of the United States, as determined by the Administrator; and ``(B) no longer exhibits a hazardous characteristic prior to management in any land-based solid waste management unit. ``(8) Solid waste that otherwise qualifies under paragraph (7) shall nevertheless be required to meet any applicable specific methods of treatment specified for such waste by the Administrator under subsection (m), including those specified in the rule promulgated by the Administrator June 1, 1990, prior to management in a land-based unit as part of a treatment system specified in paragraph (7)(A). No solid waste may qualify under paragraph (7) that would generate toxic gases, vapors, or fumes due to the presence of cyanide when exposed to pH conditions between 2.0 and 12.5. ``(9) Solid waste identified as hazardous based on one or more characteristics alone shall not be subject to this subsection, any prohibitions under subsection (d), (e), or (f), or any requirement promulgated under subsection (m) if the waste no longer exhibits a hazardous characteristic at the point of injection in any Class I injection well permitted under section 1422 of title XIV of the Public Health Service Act (42 U.S.C. 300h-1). ``(10) Not later than five years after the date of enactment of this paragraph, the Administrator shall complete a study of hazardous waste managed pursuant to paragraph (7) or (9) to characterize the risks to human health or the environment associated with such management. In conducting this study, the Administrator shall evaluate the extent to which risks are adequately addressed under existing State or Federal programs and whether unaddressed risks could be better addressed under such laws or programs. Upon receipt of additional information or upon completion of such study and as necessary to protect human health and the environment, the Administrator may impose additional requirements under existing Federal laws, including subsection (m)(1), or rely on other State or Federal programs or authorities to address such risks. In promulgating any treatment standards pursuant to subsection (m)(1) under the previous sentence, the Administrator shall take into account the extent to which treatment is occurring in land-based units as part of a treatment system specified in paragraph (7)(A). ``(11) Nothing in paragraph (7) or (9) shall be interpreted or applied to restrict any inspection or enforcement authority under the provisions of this Act.''. SEC. 3. GROUND WATER MONITORING. (a) Amendment of Solid Waste Disposal Act.--Section 4010(c) of the Solid Waste Disposal Act (42 U.S.C. 6949a(c)) is amended as follows: (1) By striking ``Criteria.--Not later'' and inserting the following: ``Criteria.-- ``(1) In general.--Not later''. (2) By adding at the end the following new paragraphs: ``(2) Additional revisions.--Subject to paragraph (3), the requirements of the criteria described in paragraph (1) relating to ground water monitoring shall not apply to an owner or operator of a new municipal solid waste landfill unit, an existing municipal solid waste landfill unit, or a lateral expansion of a municipal solid waste landfill unit, that disposes of less than 20 tons of municipal solid waste daily, based on an annual average, if-- ``(A) there is no evidence of ground water contamination from the municipal solid waste landfill unit or expansion; and ``(B) the municipal solid waste landfill unit or expansion serves-- ``(i) a community that experiences an annual interruption of at least 3 consecutive months of surface transportation that prevents access to a regional waste management facility; or ``(ii) a community that has no practicable waste management alternative and the landfill unit is located in an area that annually receives less than or equal to 25 inches of precipitation. ``(3) Protection of ground water resources.-- ``(A) Monitoring requirement.--A State may require ground water monitoring of a solid waste landfill unit that would otherwise be exempt under paragraph (2) if necessary to protect ground water resources and ensure compliance with a State ground water protection plan, where applicable. ``(B) Methods.--If a State requires ground water monitoring of a solid waste landfill unit under subparagraph (A), the State may allow the use of a method other than the use of ground water monitoring wells to detect a release of contamination from the unit. ``(C) Corrective action.--If a State finds a release from a solid waste landfill unit, the State shall require corrective action as appropriate. ``(4) No-migration exemption.-- ``(A) In general.--Ground water monitoring requirements may be suspended by the Director of an approved State for a landfill operator if the operator demonstrates that there is no potential for migration of hazardous constituents from the unit to the uppermost aquifer during the active life of the unit and the post-closure care period. ``(B) Certification.--A demonstration under subparagraph (A) shall be certified by a qualified ground-water scientist and approved by the Director of an approved State. ``(C) Guidance.--Not later than 6 months after the date of enactment of this paragraph, the Administrator shall issue a guidance document to facilitate small community use of the no migration exemption under this paragraph. ``(5) Alaska native villages.--Upon certification by the Governor of the State of Alaska that application of the requirements described in paragraph (1) to a solid waste landfill unit of a Native village (as defined in section 3 of the Alaska Native Claims Settlement Act (16 U.S.C. 1602)) or unit that is located in or near a small, remote Alaska village would be infeasible, or would not be cost-effective, or is otherwise inappropriate because of the remote location of the unit, the State may exempt the unit from some or all of those requirements. This paragraph shall apply only to solid waste landfill units that dispose of less than 20 tons of municipal solid waste daily, based on an annual average. ``(6) Further revisions of guidelines and criteria.-- Recognizing the unique circumstances of small communities, the Administrator shall, not later than two years after enactment of this provision promulgate revisions to the guidelines and criteria promulgated under this subtitle to provide additional flexibility to approved States to allow landfills that receive 20 tons or less of municipal solid waste per day, based on an annual average, to use alternative frequencies of daily cover application, frequencies of methane gas monitoring, infiltration layers for final cover, and means for demonstrating financial assurance: Provided, That such alternative requirements take into account climatic and hydrogeologic conditions and are protective of human health and environment.''. (b) Reinstatement of Regulatory Exemption.--It is the intent of section 4010(c)(2) of the Solid Waste Disposal Act, as added by subsection (a), to immediately reinstate subpart E of part 258 of title 40, Code of Federal Regulations, as added by the final rule published at 56 Federal Register 50798 on October 9, 1991. SEC. 4. TECHNICAL CORRECTIONS TO SOLID WASTE DISPOSAL ACT. The Solid Waste Disposal Act is amended as follows: (1) In section 3001(d)(5) by striking ``under section 3001'' and inserting ``under this section''. (2) By inserting a semicolon at the end of section 3004(q)(1)(C). (3) In section 3004(g), by striking ``subparagraph (A) through (C)'' in paragraph (5) and inserting ``subparagraphs (A) through (C)''. (4) In section 3004(r)(2)(C), by striking ``pertroleum- derived'' and inserting ``petroleum-derived''. (5) In section 3004(r)(3) by inserting after ``Standard'' the word ``Industrial''. (6) In section 3005(a), by striking ``polycholorinated'' and inserting ``polychlorinated''. (7) In section 3005(e)(1), by inserting a comma at the end of subparagraph (C). (8) In section 4007(a), by striking ``4003'' in paragraphs (1) and (2)(A) and inserting ``4003(a)''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Summary: Land Disposal Program Flexibility Act of 1996 - Amends the Solid Waste Disposal Act (SWDA) to exempt from land disposal restrictions (other than requirements pertaining to applicable specific methods of treatment promulgated by the Administrator of the Environmental Protection Agency under SWDA) solid waste identified as hazardous based solely on one or more characteristics if such waste: (1) is treated in a treatment system that subsequently discharges to waters of the United States pursuant to a permit issued under the Federal Water Pollution Control Act (Clean Water Act), undergoes pretreatment for purposes of compliance with toxic and pretreatment effluent standards of such Act, or is treated in a zero-discharge system that the Administrator determines to be engaging in Clean Water Act-equivalent treatment; (2) no longer exhibits such characteristic prior to land disposal; (3) has met any applicable specific method of treatment promulgated by the Administrator, including those specified in the rule promulgated by the Administrator on June 1, 1990, prior to management in a land-based unit as part of a treatment system specified in clause (1) above; and (4) would not generate toxic gases, vapors, or fumes due to the presence of cyanide at the point of generation when exposed to pH conditions of a specified range. Amends SWDA to exempt from land disposal restrictions solid waste identified as hazardous based on one or more characteristics alone if the waste no longer exhibits a hazardous characteristic at the point of injection into any Class I deep well regulated under safe drinking water provisions of the Public Health Service Act. Requires the Administrator to conduct a study of hazardous waste managed in accordance with this Act to characterize the risks to human health or the environment associated with such management, upon completion of which the Administrator may impose additional requirements or rely upon other State or Federal programs or authorities to address such risks. (Sec. 3) Makes certain groundwater monitoring requirements inapplicable to new or existing municipal solid waste landfill units or lateral expansions of such units that dispose of fewer than 20 tons of municipal solid waste daily, based on an annual average, if: (1) there is no evidence of groundwater contamination from such units or expansions; and (2) the units or expansions serve a community that experiences an annual interruption of at least three consecutive months of surface transportation that prevents access to a regional waste management facility or that has no practicable waste management alternative and such units are located in an area that annually receives 25 inches of precipitation or less. Permits States to require monitoring of units that would otherwise be exempt if necessary to protect groundwater resources and ensure compliance with a State groundwater protection plan. Allows the suspension of groundwater monitoring requirements if a landfill operator demonstrates that there is no potential for migration of hazardous constituents from the unit to the uppermost aquifer during the active life of the unit and the post-closure care period. Allows the State of Alaska to exempt units of Alaska Native villages or located in or near small, remote Alaska villages from some or all of such requirements if such requirements would be infeasible, would not be cost-effective, or would be inappropriate because of the unit's remote location. Applies this exemption only to landfills that dispose of less than 20 tons of municipal solid waste daily. Directs the Administrator to promulgate revisions to provide additional flexibility to approved States to allow landfills that receive no more than 20 tons of municipal solid waste daily to use alternative frequencies of daily cover application and methane gas monitoring, infiltration layers for final cover, and means for demonstrating financial assurance, provided such alternative requirements take into account climatic and hydrogeologic conditions and protect human health and the environment. Declares that it is the intent of this Act to reinstate EPA rules promulgated on October 9, 1991, regarding groundwater monitoring at municipal solid waste landfill units.


SECTION 1. SHORT TITLE. This Act may be cited as the ``International Commerce Enhancement Act''. SEC. 2. REFERENCES. Except as otherwise specifically provided in this Act, whenever in this Act an amendment or repeal is expressed as the amendment or repeal of a section or other provision, the reference shall be considered to be made to a section or other provision of the Arms Export Control Act (22 U.S.C. 2751 et seq.). SEC. 3. FOREIGN AND NATIONAL SECURITY POLICY OBJECTIVES AND RESTRAINTS. (a) Value of Defense Articles and Services.--Section 3(d) (22 U.S.C. 2753(d)) is amended in paragraphs (1) and (3)(A)-- (1) by striking ``$14,000,000'' each place it appears and inserting ``$25,000,000''; and (2) by striking ``$50,000,000'' each place it appears and inserting ``$85,000,000''. (b) Transfers With Respect to NATO and Major Non-NATO Countries.-- Section 3(d) (22 U.S.C. 2753(d)) is amended-- (1) in paragraph (2)-- (A) in subparagraph (A), by striking ``Except as provided in subparagraph (B), unless'' and inserting ``Unless''; and (ii) in subparagraph (B) to read as follows: ``(B) Subparagraph (A) shall not apply in the case of a proposed transfer to the North Atlantic Treaty Organization, or any member country of such Organization, Japan, Australia, or New Zealand.''; and (iii) in subparagraph (C), by striking ``or (B)''; and (2) in paragraph (3)-- (A) in the second sentence of subparagraph (A), by striking ``shall be submitted'' and all that follows through ``unless the President'' and inserting ``shall be submitted at least 30 calendar days before such consent is given in the case of a transfer to a country other than a country which is a member of the North Atlantic Treaty Organization, Japan, Australia, or New Zealand, unless the President''; (B) in the third sentence of subparagraph (A), by striking ``(thus waiving the requirements of clause (i) or (ii), as the case may be, and of subparagraph (B))''; and (C) in subparagraph (B)-- (i) by striking ``15-day or''; and (ii) by striking ``subparagraph (A)(i) or (ii), as the case may be,'' and inserting ``subparagraph (A)''. SEC. 4. MILITARY EXPORT CONTROLS. (a) Value of Defense Articles and Services.--Section 36 (22 U.S.C. 2776) is amended in the first sentence of subsections (b)(1) and (c)(1)-- (1) by striking ``$14,000,000'' each place it appears and inserting ``$25,000,000''; and (2) by striking ``$50,000,000'' each place it appears and inserting ``$85,000,000''. (b) Transfers With Respect to NATO and Major Non-NATO Countries.-- Section 36 (22 U.S.C. 2776) is amended-- (1) in subsection (b)-- (A) in the matter following subparagraph (P) of paragraph (1), by striking ``proposed sale to the North Atlantic Treaty Organization, any member country of such Organization, Japan, Australia, or New Zealand, if the Congress, within fifteen calendar days after receiving such certification, or with respect to a proposed sale to any other country or organization,'' and inserting ``proposed sale to a country other than a country which is a member of the North Atlantic Treaty Organization, Japan, Australia, or New Zealand, or to any other organization,''; and (B) in paragraph (2), strike ``, except that for purposes of consideration of any joint resolution'' and all that follows through ``its introduction''; (2) in subsection (c)(2)-- (A) in subparagraph (A)-- (i) by striking ``the North Atlantic Treaty Organization, any member country of that Organization, Japan, Australia, or New Zealand'' and inserting ``a country other than a country which is a member of the North Atlantic Treaty Organization, Japan, Australia, or New Zealand, or to any other organization''; (ii) by striking ``15'' each place it appears and inserting ``30''; and (iii) by adding ``and'' at the end; (B) in subparagraph (B), by striking ``; and'' and inserting a period; and (C) by striking subparagraph (C); and (3) in subsection (d)-- (A) in paragraph (2), by striking ``shall be submitted'' and all that follows through ``unless the President'' and inserting ``shall be submitted at least 30 days before approval is given in the case of an agreement for or in a country other than a country which is a member of the North Atlantic Treaty Organization, Japan, Australia, or New Zealand, unless the President''; and (B) in paragraph (4)-- (i) by striking ``15-day or''; and (ii) by striking ``paragraph (2)(A) or (B), as the case may be,'' and inserting ``paragraph (2)''. (c) License Applications for Commercial Sales.--Section 36(c)(1) (22 U.S.C. 2776(c)(1)) is amended in the first sentence by striking ``sold under a contract'' each place it appears and inserting ``to be sold under a contract, proposed contract, or formal proposal of sale''. SEC. 5. LEASES OF DEFENSE ARTICLES AND LOAN AUTHORITY FOR COOPERATIVE RESEARCH AND DEVELOPMENT PURPOSES. (a) Value of Defense Articles.--Section 63(a) (22 U.S.C. 2796b(a)) is amended-- (1) by striking ``$14,000,000'' and inserting ``$25,000,000''; and (2) by striking ``$50,000,000'' and inserting ``$85,000,000''. (b) Transfers With Respect to NATO and Major Non-NATO Countries.-- Chapter 6 (22 U.S.C. 2796) is amended-- (1) in section 62(c), by striking ``shall be transmitted'' and all that follows through ``organization or country'' and inserting ``shall be transmitted not less than 30 calendar days before the agreement is entered into or renewed in the case of an agreement with a country other than a country which is a member of the North Atlantic Treaty Organization, Japan, Australia, or New Zealand, or any other organization''; and (2) in section 63(a)-- (A) by striking ``15-day or''; and (B) by striking ``section 62(c) (1) or (2), as the case may be,'' and inserting ``section 62(c)''.

Summary: International Commerce Enhancement Act - Amends the Arms Export Control Act to increase threshold values of major defense equipment or defense articles or related training or other defense services whose transfer or lease to foreign countries would require a presidential certification to Congress. Exempts from specified congressional oversight requirements any such transfers to North Atlantic Treaty Organization (NATO) countries, Japan, Australia, or New Zealand.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Rush Hour Congestion Relief Act of 2004''. SEC. 2. TRAFFIC INCIDENT MANAGEMENT PROGRAM. (a) In General.--Subchapter I of chapter 1 of title 23, United States Code, is amended by inserting after section 138 the following: ``Sec. 139. Traffic incident management program ``(a) In General.--The Secretary shall establish and implement a traffic incident management program in accordance with this section to assist States and localities in-- ``(1) regional traffic incident management program planning; and ``(2) carrying out projects to mitigate the effects of traffic delays resulting from accidents, breakdowns, and other non-recurring incidents on highways. ``(b) Use of Funds.--Funds apportioned to a State under this section may be used for-- ``(1) regional collaboration and coordination activities that lead to regional traffic incident management policies, programs, plans, procedures, and agreements; ``(2) purchase or lease of telecommunications equipment for first responders as part of the development of a regional traffic incident management program; ``(3) purchase or lease of equipment to support the clearance of traffic incidents; ``(4) payments to contractors for towing and recovery services as part of a regional traffic incident management program; ``(5) rental of vehicle storage or staging areas immediately adjacent to roadways as part of a regional traffic incident management program; ``(6) traffic service patrols as part of a regional traffic incident management program; ``(7) enhanced hazardous materials incident response; ``(8) traffic management systems in support of traffic incident management; ``(9) traffic incident management training; ``(10) crash investigation equipment; ``(11) other activities under a regional traffic incident management plan; and ``(12) statewide incident reporting systems. ``(c) Regional Traffic Incident Management Plan.-- ``(1) Plan.-- ``(A) In general.--Except as provided in subparagraph (B), funds apportioned under this section may not be obligated for an urbanized area with a population greater than 300,000 until such time as a regional traffic incident management plan is developed for the urbanized area. ``(B) Funds for plan.--An urbanized area described in subparagraph (A) may use funds apportioned under this section to develop the regional traffic incident management plan in accordance with this subsection. ``(2) Plan development.-- ``(A) Collaboration.--Any urbanized area described in paragraph (1) that receives funds apportioned under this section shall engage in regional collaboration and coordination activities to develop the regional traffic incident management plan required for the urbanized area under that paragraph. ``(B) Plan elements.--The regional traffic incident management plan for an urbanized area under paragraph (1) shall include-- ``(i) a strategy, adopted by transportation, public safety, and appropriate private sector participants, for funding, implementing, managing, operating, and evaluating the traffic incident management program initiatives and activities for the urbanized area in a manner that ensures regional coordination of those initiatives and activities; ``(ii) an estimate of the impact of the plan on traffic delays; and ``(iii) a description of the means by which traffic incident management information will be shared among operators, service providers, public safety officials, and the general public. ``(d) Funding.-- ``(1) Authorization of appropriations.--There is authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) to carry out this section $1,000,000,000 for each of fiscal years 2005 through 2010. ``(2) Apportionment among states.--Funds made available under paragraph (1) shall be apportioned among the States in the proportion that-- ``(A) the aggregate population of the State, or part of the State, in urbanized areas with a population greater than 300,000; bears to ``(B) the total population of all States, or parts of all States, in those urbanized areas. ``(3) Distribution within states.--Funds apportioned to a State under paragraph (2) shall be made available to carry out projects and activities under regional traffic incident management plans in each urbanized area in the State with a population greater than 300,000 in the proportion that-- ``(A) the population of the urbanized area, or part of the urbanized area, in the State; bears to ``(B) the total population of all urbanized areas in the State. ``(e) Determination of Populations.--For the purpose of determining populations of areas under this section, the Secretary shall use information from the most current decennial census, as supplied by the Secretary of Commerce.''. (b) Conforming Amendment.--The analysis for subchapter I of chapter 1 of title 23, United States Code, is amended by inserting after the item relating to section 138 the following: ``139. Traffic incident management program.''.

Summary: Rush Hour Congestion Relief Act of 2004 - Amends the Federal-Aid Highways Program to direct the Secretary of Transportation to establish and implement a traffic incident management program to assist States and localities in: (1) regional traffic incident management program planning; and (2) carrying out projects to mitigate the effects of traffic delays resulting from accidents, breakdowns, and other non-recurring incidents on highways. Prohibits funds apportioned under this Act from being obligated for an urbanized area with a population greater than 300,000 until such time as a regional traffic incident management plan is developed for the urbanized area. Requires an urbanized area that receives funds under this Act to engage in certain regional collaboration and coordination activities to develop a prescribed regional traffic incident management plan. Prescribes an apportionment formula for funds distribution among the States to implement this Act.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Securing Department of Homeland Security Firearms Act of 2017'' or the ``Securing DHS Firearms Act of 2017''. SEC. 2. DEFINITIONS. In this Act: (1) Department.--The term ``Department'' means the Department of Homeland Security. (2) Lost.--The term ``lost'' includes loss by theft. (3) Sensitive assets.--The term ``sensitive assets'' means any asset, regardless of value-- (A) that the Department of Homeland Security issues to a Department employee; and (B) that either the Under Secretary for Management of the Department or a component head determines requires special control and accounting. (4) Under secretary for management.--The term ``Under Secretary for Management'' means the Under Secretary for Management of the Department of Homeland Security. SEC. 3. INCLUSION OF SECURING FIREARMS AND OTHER SENSITIVE ASSETS IN RESPONSIBILITIES OF UNDER SECRETARY FOR MANAGEMENT. Section 701 of the Homeland Security Act of 2002 (6 U.S.C. 341) is amended-- (1) in subsection (a)(6), by inserting ``(including firearms and other sensitive assets)'' after ``equipment''; (2) by redesignating the second subsection (e) (relating to the definition of interoperable communications) as subsection (f); and (3) by amending such redesignated subsection (f) to read as follows: ``(f) Definitions.--In this section: ``(1) Interoperable communications.--The term `interoperable communications' has the meaning given such term in section 7303(g) of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 194(g)). ``(2) Sensitive assets.--The term `sensitive assets' means any asset, regardless of value-- ``(A) that the Department of Homeland Security issues to a Department employee; and ``(B) that either the Under Secretary for Management of the Department or a component head determines requires special control and accounting.''. SEC. 4. MANAGEMENT DIRECTIVE. (a) Safeguarding Firearms and Sensitive Assets Directive.-- (1) In general.--Not later than 120 days after the date of the enactment of this Act, the Under Secretary for Management shall develop and disseminate a Department-wide directive for achieving adequate security over firearms and other sensitive assets across the Department. (2) Contents.--The directive required under subsection (a) shall, at a minimum, include the following: (A) Descriptions of what equipment, in addition to firearms, is classified as a sensitive asset for the purpose of carrying out this Act. (B) Requirements for securing Department-issued firearms and other sensitive assets. (C) A classification system for all categories of Department-issued badges and corresponding requirements for safeguarding such assets. (D) Reporting requirements for lost firearms and other sensitive assets, including timelines for such reporting, to supervisors, local law enforcement, the Federal Bureau of Investigation's National Crime Information Center, and Department headquarters. (E) Recordkeeping requirements for lost firearms and other sensitive assets in inventory systems, including a timeline for recording such losses. (3) Review and update of directive.--Not later than 1 year after the issuance of the directive required under subsection (a) the Under Secretary for Management shall review and update, as necessary, such directive, including adding a requirement relating to recording in the inventory systems maintained by each component of the Department the acceptance or transfer of a firearm or other sensitive asset by such component. (b) Personal Property Asset Management Program Manual.--Together with the issuance of the directive pursuant to subsection (a), the Under Secretary for Management shall disseminate a revised version of the Personal Property Asset Management Program Manual that includes the following: (1) Requirements for component heads to develop procedures to safeguard firearms and other sensitive assets during on and off-duty time. (2) Requirements for the issuance of safety locking devices and policies on the use of such assets, as applicable. (3) Requirements for initial, recurrent, and remedial training on safeguarding such assets. (4) Examples, with detail, of how to report and record lost sensitive assets across components of the Department, and an enforcement mechanism to ensure supervisors maintain such records. (5) A requirement that the file maintained on a lost firearm or other sensitive asset contains both the corresponding police report and the Department report detailing the circumstances surrounding such loss, including information on adherence to safeguarding procedures. SEC. 5. COMPONENT RESPONSIBILITIES. Department component heads shall-- (1) comply with Federal law, Federal regulations, executive branch guidance, and Department policy, including directives required by this Act, relating to the management and oversight of securing firearms and other sensitive assets; (2) review the need for non-law enforcement badges; (3) require component personnel to safeguard firearms and other sensitive assets in accordance with the directive issued by the Under Secretary for Management under section 4; (4) require that component personnel adhere to the procedures and timelines for properly reporting to supervisors lost firearms and other sensitive assets; (5) require that lost firearms and other sensitive assets are reported to local law enforcement, the Federal Bureau of Investigation's National Crime Information Center, and Department headquarters in the timeframe established in such directive; and (6) require that lost firearms and other sensitive assets are recorded in inventory systems in the timeframe established by such directive. SEC. 6. INSPECTOR GENERAL REVIEW. The Inspector General of the Department of Homeland Security shall, on an ongoing basis, review implementation of this Act and, not later than 180 days after issuance of the directive under section 4, submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a review of the progress and effectiveness of such directive, including an assessment of the adequacy of such directive, as well as the level of compliance among the components of the Department to achieve adequate security of sensitive assets across Department components. Passed the House of Representatives January 9, 2018. Attest: KAREN L. HAAS, Clerk.

Summary: Securing Department of Homeland Security Firearms Act of 2017 or the Securing DHS Firearms Act of 2017 (Sec. 3) This bill makes the Under Secretary for Management of the Department of Homeland Security (DHS) responsible for the security of DHS firearms and other sensitive assets."Sensitive assets" are defined as any asset, regardless of value, that DHS issues to a DHS employee and that the Under Secretary or a component head determines requires special control and accounting. (Sec. 4) The Under Secretary shall develop and disseminate a directive for achieving adequate security over such assets across DHS, which shall include: (1) descriptions of what equipment is classified as a sensitive asset, (2) requirements for securing such assets, (3) a classification system for all categories of DHS-issued badges and corresponding requirements for safeguarding such assets, and (4) reporting and record keeping requirements for lost assets (defined to include loss by theft). The Under Secretary shall update such directive within one year, including by adding a requirement relating to recording in the inventory systems maintained by each DHS component the acceptance or transfer of a sensitive asset. The Under Secretary shall disseminate a revised version of the Personal Property Asset Management Program Manual that includes: requirements for component heads to develop procedures to safeguard firearms and other sensitive assets during on- and off-duty time; requirements for the issuance of safety locking devices and policies on the use of such assets; requirements for training on safeguarding such assets; instructions for reporting and recording lost sensitive assets and an enforcement mechanism to ensure that supervisors maintain such records; and a requirement that a file on a lost asset contain the DHS report and the corresponding police report. (Sec. 5) DHS components must: comply with federal law, executive branch guidance, and DHS policy regarding the management and oversight of securing sensitive assets; review the need for non-law enforcement badges; require personnel to comply with requirements for safeguarding sensitive assets and reporting on lost assets; and require that lost assets are reported to local law enforcement, the National Crime Information Center, and DHS headquarters and recorded in inventory systems in the time frame established by the security directive. (Sec. 6) The Inspector General of DHS shall, on an ongoing basis, review implementation of this bill and report to Congress on the progress and effectiveness of the directive for safeguarding firearms and sensitive assets.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Firefighter Cancer Registry Act of 2016''. SEC. 2. FINDINGS. Congress finds the following: (1) Studies conducted since the 1990s have indicated a strong link between firefighting and an increased risk for several major cancers. (2) The cancers identified as most common among firefighters according to these studies include testicular cancer, which male firefighters are 102 percent more likely to be diagnosed with, stomach cancer, multiple myeloma, and brain cancer, among several others. (3) The heightened incidence of cancer among firefighters has been attributed to their frequent exposure to a range of harmful substances including resultant pyrolysis products, toxic particulates, gases and fumes, metals such as cadmium and lead, chemical substances such as benzene and vinyl chloride, and minerals such as asbestos and silicates. (4) An extensive 2014 study conducted by the National Institute of Occupational Safety and Health (NIOSH) over the course of several years and which included almost 30,000 firefighters found that firefighters were at an increased risk of being diagnosed with malignant mesothelioma and found potential links between exposure to fire incidents and heightened risks for lung cancer and leukemia, among several others. (5) Past studies examining cancer incidence among firefighters have been limited by the availability and standardization of important epidemiological data, relatively small sample sizes, inconsistencies in the operationalization of key terms and metrics, incomplete employment histories, and an underrepresentation of minority, female, and volunteer firefighters. (6) Today, many States across the country maintain cancer registries that collect and collate information regarding cancer diagnoses, demographic information, and treatment plans. State cancer registries have greatly contributed to overcoming these obstacles by offering centralized repositories of information, which researchers in the public and private sectors can access when conducting research on cancer risks. (7) While these State-based cancer registries undoubtedly contribute to furthering research related to assessing cancer incidence among firefighters, a special purpose national cancer registry would provide researchers and public health agencies with more direct and comprehensive access to the specific set of information they need to conduct more robust, focused, and epidemiologically rigorous research on cancer incidence among firefighters. (8) Efforts to understand cancer incidence among firefighters through a specialized national cancer registry will better inform the kinds of precautions firefighters should take in the future, improve our understanding of key epidemiological trends, and potentially lead to the development of more sophisticated safety protocols to lower cancer risks. SEC. 3. PATIENT REGISTRY FOR FIREFIGHTER CANCER INCIDENCE. (a) In General.--The Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, shall develop and maintain a voluntary patient registry to collect data on cancer incidence among firefighters. (b) Use of Registry.--The patient registry shall be used for the following purposes: (1) To establish and improve collection infrastructure and activities related to the nationwide monitoring of the incidence of cancer among firefighters. (2) To collect, consolidate, store, and make publicly available epidemiological information related to cancer incidence and trends among firefighters. (c) Relevant Data.--In carrying out the voluntary data collection for purposes of inclusion under the patient registry under subsection (a), the Secretary should seek to include the following de-identified information: (1) With respect to cancer diagnoses and treatment of firefighters, de-identified information on-- (A) full detailing of physical examinations and medical history; (B) complete detailing of all relevant diagnostic tests and lab procedures; (C) complete detailing of all pathology and operative reports; and (D) complete detailing of treatments undergone or planned. (2) With respect to individual patient history relating to the incidence of cancer among firefighters, de-identified information on-- (A) basic demographic information, including the age of the firefighter involved and age of onset of cancer; (B) a listing of status of the firefighter as either volunteer, paid-on-call, or career firefighter; (C) the number of years on the job and a detailing of additional employment experience that was either performed concurrently alongside firefighting service or anytime thereafter; (D)(i) a measure of the number of fire incidents attended as well as the type of fire incidents (such as residential house fire or commercial fire); or (ii) in the case of a firefighter who is unable to provide information on such number and type, an estimate of such number and type based on the method developed under subsection (d)(2); and (E) a list of additional risk factors, including smoking or drug use, as determined relevant by the Secretary. (3) Any additional information that is deemed necessary by the Secretary. (d) Methods.-- (1) In general.--For the purposes described in subsection (b), the Secretary is authorized to incorporate questions into public health surveys, questionnaires, and other databases in existence as of the date of enactment of this Act. (2) Ensuring representation of underrepresented groups in registry.--In carrying out this section, the Secretary shall take such measures as the Secretary deems appropriate to encourage the inclusion of data on minority, female, and volunteer firefighters in the registry established under this section. (3) Method to estimate number and type of fire incidents.-- For purposes of subsection (c)(2)(D), the Secretary, in consultation with the experts described in subsection (e), shall develop a reliable and standardized method for estimating the number of fire incidents attended by a firefighter as well as the type of fire incident so attended in the case such firefighter is unable to provide such information. (e) Consultation.--The Secretary shall, on a regular basis, seek feedback regarding the utility of the registry established under this section and ways the registry can be improved from non-Federal experts in the following areas: (1) Public health experts with experience in developing and maintaining cancer registries. (2) Epidemiologists with experience in studying cancer incidence. (3) Clinicians with experience in diagnosing and treating cancer incidence. (4) Active and retired volunteer, paid-on-call, and career firefighters as well as relevant national fire and emergency response organizations. (f) Research Availability.--The Secretary shall develop and make public an approval process for making de-identified cancer registry data submitted for inclusion in the patient registry developed under subsection (a) available without a fee for public research purposes. Such process shall provide that such data shall be made available for such research purposes only if there is an agreement to make findings, journal articles, or other print or web-based publications derived from such research public or available to the relevant stakeholders identified in subsection (e)(4). (g) Privacy.--In carrying out this Act, the Secretary shall apply to the registry developed under subsection (a) data security provisions and privacy standards that comply with the best practices of the Centers for Disease Control and Prevention, as defined by the National Institute of Standards and Technology in Special Publication 800-37 revision 1, as well as the HIPAA privacy regulation, as defined in section 1180(b)(3) of the Social Security Act (42 U.S.C. 1320d- 9(b)(3)). (h) Authorization of Funds.--To carry out this section, there are authorized to be appropriated $2,500,000 for each of the fiscal years 2017 through 2021.

Summary: Firefighter Cancer Registry Act of 2016 This bill requires the Centers for Disease Control and Prevention (CDC) to develop and maintain a voluntary patient registry to monitor, collect, and make available epidemiological information related to cancer incidence and trends among firefighters. The CDC should seek to include specified information in the registry, including the number and type of fire incidents attended by an individual. To collect information for the registry, the CDC may incorporate questions into existing public health surveys, questionnaires, and other databases. The CDC must: (1) encourage the inclusion in the registry of data on minority, female, and volunteer firefighters; and (2) seek feedback on the registry from nonfederal experts. The CDC must develop an approval process for making registry data available for research without a fee if findings or publications derived from the research are made public or available to stakeholders.