SECTION 1. SHORT TITLE. This Act may be cited as the ``Officer Daniel Faulkner Children of Fallen Heroes Scholarship Act of 2010''. SEC. 2. CALCULATION OF ELIGIBILITY. Section 473(b) of the Higher Education Act of 1965 (20 U.S.C. 1087mm(b)) is amended-- (1) in paragraph (2)-- (A) in the matter preceding subparagraph (A), by inserting ``(in the case of a student who meets the requirement of subparagraph (B)(i)), or academic year 2011-2012 (in the case of a student who meets the requirement of subparagraph (B)(ii)),'' after ``academic year 2009-2010''; and (B) by amending subparagraph (B) to read as follows: ``(B) whose parent or guardian was-- ``(i) a member of the Armed Forces of the United States and died as a result of performing military service in Iraq or Afghanistan after September 11, 2001; or ``(ii) actively serving as a public safety officer and died in the line of duty while performing as a public safety officer; and''; (2) in paragraph (3)-- (A) by striking ``Notwithstanding'' and inserting the following: ``(A) Armed forces.--Notwithstanding''; (B) by striking ``paragraph (2)'' and inserting ``subparagraphs (A), (B)(i), and (C) of paragraph (2)''; and (C) by adding at the end the following: ``(B) Public safety officers.--Notwithstanding any other provision of law, unless the Secretary establishes an alternate method to adjust the expected family contribution, for each student who meets the requirements of subparagraphs (A), (B)(ii), and (C) of paragraph (2), a financial aid administrator shall-- ``(i) verify with the student that the student is eligible for the adjustment; ``(ii) adjust the expected family contribution in accordance with this subsection; and ``(iii) notify the Secretary of the adjustment and the student's eligibility for the adjustment.''; and (3) by adding at the end the following: ``(4) Treatment of pell amount.--Notwithstanding section 1212 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796d-1), in the case of a student who receives an increased Federal Pell Grant amount under this section, the total amount of such Federal Pell Grant, including the increase under this subsection, shall not be considered in calculating that student's educational assistance benefits under the Public Safety Officers' Benefits program under subpart 2 of part L of title I of such Act. ``(5) Definitions.--For purposes of this subsection: ``(A) Firefighter.--The term `firefighter' means an individual who is trained in the suppression of fire or hazardous materials response and has the legal authority to engage in these duties. ``(B) Law enforcement officer.--The term `law enforcement officer' means an individual who-- ``(i) is authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of law; and ``(ii) has statutory powers of arrest or apprehension. ``(C) Member of a rescue squad or ambulance crew.-- The term `member of a rescue squad or ambulance crew' means an individual who is an officially recognized or designated public employee member of a rescue squad or ambulance crew. ``(D) Federal or public agency.--The term `Federal or public agency' means-- ``(i) the United States, any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands of the United States, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the Freely Associated States, or any territory or possession of the United States; ``(ii) any unit of local government, department, agency, or instrumentality of any of the entities described in clause (i); or ``(iii) the Amtrak Police department or Federal Reserve Police department. ``(E) Public safety officer.--The term `public safety officer' means an individual serving a Federal or public agency in an official capacity, with or without compensation, as a law enforcement officer, as a firefighter, or as a member of a rescue squad or ambulance crew.''. SEC. 3. CALCULATION OF PELL GRANT AMOUNT. Section 401(b)(2) of the Higher Education Act of 1965 (20 U.S.C. 1070a(b)(2)) is amended-- (1) in subparagraph (A), in the matter preceding clause (i), by striking ``The Amount'' and inserting ``Subject to subparagraph (C), the amount''; and (2) by adding at the end the following new subparagraph: ``(C) In the case of a student who meets the requirements of subparagraphs (A), (B)(ii), and (C) of section 473(b)(2)-- ``(i) clause (ii) of subparagraph (A) of this paragraph shall be applied by substituting `from the amounts appropriated in the last enacted appropriation Act applicable to that award year, an amount equal to the amount of the increase calculated under paragraph (8)(B) for that year' for `the amount of the increase calculated under paragraph (8)(B) for that year'; and ``(ii) such student-- ``(I) shall be provided an amount under clause (i) of this subparagraph only to the extent that funds are specifically provided in advance in an appropriation Act to such students for that award year; and ``(II) shall not be eligible for the amounts made available pursuant to clauses (i) through (iii) of paragraph (8)(A).''. SEC. 4. BUDGETARY EFFECTS. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the Senate Budget Committee, provided that such statement has been submitted prior to the vote on passage. SEC. 5. EFFECTIVE DATE. This Act, and the amendments made by this Act, shall take effect on July 1, 2011.

Summary: Officer Daniel Faulkner Children of Fallen Heroes Scholarship Act of 2010 - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to eliminate the expected family contribution used in determining a student's need for title IV assistance in the case of a student applicant who is eligible for a Pell Grant and whose parent or guardian died as a result of performing service as a law enforcement officer, firefighter, or member of a rescue squad or ambulance crew. Requires such student to be less than 24 years old and enrolled at an institution of higher education at the time of his or her parent's or guardian's death. Gives financial aid administrators the responsibility of verifying that such students are eligible to have their expected family contribution adjusted (or eliminated), and of adjusting (or eliminating) it, unless the Secretary of Education establishes an alternate method of adjusting their expected family contribution. Prohibits the total Pell Grant of a student whose Pell Grant is increased by reason of this Act from being considered in calculating that student's educational assistance benefits under the Public Safety Officer's Benefits program. Alters the source of the annual Pell Grant increase for such students to require that it be provided only to the extent that funds are specifically provided in advance to such students in an appropriation Act for that award year.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Rent-To-Own Consumer Credit Protection Act of 1993''. SEC. 2. RENT-TO-OWN PROTECTION ACT. The Consumer Credit Protection Act (15 U.S.C. 1601 et seq.) is amended by adding at the end the following new title: ``TITLE X--RENT-TO-OWN TRANSACTIONS ``Sec. ``1001. Short title. ``1002. Findings and purposes. ``1003. Definitions. ``1004. Application of State laws regarding fees, charges, guarantees, and warranties. ``1005. Application of Federal laws. ``1006. Disclosures on goods. ``1007. Prohibitions; enforcement. ``1008. Civil liability. ``1009. Regulations. ``1010. Relationship to other laws. ``Sec. 1001. Short title ``This title may be cited as the `Rent-To-Own Consumer Credit Protection Act'. ``Sec. 1002. Findings and purposes ``(a) Findings.--The Congress finds that-- ``(1) the rent-to-own industry targets its products primarily to low-income and minority neighborhoods; ``(2) the majority of rent-to-own customers enter into rent-to-own contracts with the intention of owning the goods for which they are contracting; ``(3) rent-to-own dealers often fail to disclose key terms of rent-to-own contracts, and engage in unfair debt collection practices; and ``(4) rent-to-own dealers do not provide customers with the protections afforded purchasers in retail installment sales under State and Federal laws, and often charge excessive fees and interest rates. ``(b) Purposes.--The purposes of this title are-- ``(1) to provide consumers in rent-to-own transactions the range of protections provided under State and Federal laws to individuals who acquire goods in other consumer credit sales; ``(2) to require rent-to-own contracts, and tags affixed to items available for acquisition in rent-to-own transactions, to disclose the material terms of those transactions; and ``(3) to prohibit rent-to-own dealers and collection agents hired by such dealers from engaging in abusive collection practices. ``Sec. 1003. Definitions ``As used in this title-- ``(1) the term `cash price' means-- ``(A) with respect to any item of consumer goods-- ``(i) the bona fide retail price for the item as offered for sale by a seller to a consumer who pays the full price in one payment before taking possession of the item, as indicated by actual sales of such item; or ``(ii) the average cash retail price of the item or a similar item in the community; and ``(B) with respect to a service-- ``(i) the bona fide retail value of the service if provided independently to a consumer; or ``(ii) the estimated bona fide retail value of the service; ``(2) the term `Commission' means the Federal Trade Commission; ``(3) the term `consumer'-- ``(A) when used as an adjective, means for use by an individual primarily for personal, family, or household purposes; and ``(B) when used as a noun, means an individual who is the lessee or bailee under a rent-to-own contract; ``(4) the term `credit'-- ``(A) includes the right granted by a seller to a consumer to obtain possession of an item of consumer goods under a rent-to-own contract before payment of the total amount that is required to be paid to acquire ownership of the item; and ``(B) is deemed to be a fixed sum equal to the difference of-- ``(i) the total of payments for the item required to obtain ownership of the item under the contract; minus ``(ii) the sum of-- ``(I) the cash price; ``(II) any fees specifically allowable under State law, except finance charges, interest, or a time price differential; and ``(III) the termination fee under section 1004; ``(5) the term `organization' means a corporation, trust, estate, partnership, cooperative, or association; ``(6) the term `person' means a natural person or an organization; ``(7) the term `rent-to-own contract' means a contract in the form of a terminable lease or bailment of an item of consumer goods, under which-- ``(A) the consumer-- ``(i) has the right of possession and use of the item; and ``(ii) has the option to renew the contract periodically by making payments specified in the contract; and ``(B) the seller agrees, orally or in writing, to transfer ownership of the item to the consumer upon the fulfillment of all obligations of the consumer under the contract for that transfer; ``(8) the term `rent-to-own transaction' means the lease or bailment of an item of consumer goods under a rent-to-own contract; ``(9) the term `seller' means-- ``(A) a person-- ``(i) who regularly makes consumer goods available under rent-to-own contracts; and ``(ii) to whom payments are payable under those contracts; and ``(B) an assignee of such a person; and ``(10) the term `State' means any State, the Commonwealth of Puerto Rico, the District of Columbia, and any territory or possession of the United States. ``Sec. 1004. Application of State laws regarding fees, charges, guarantees, and warranties ``(a) In General.--Subject to subsection (b), a seller in a rent- to-own transaction may not take, receive, or assess any interest, finance charge, or other fee for the transaction that is in excess of the interest, fees, or finance charges that may be charged under the laws of the State in which the seller is located that-- ``(1) establish a maximum rate or amount of interest, finance charge, or time-price differential that may be charged in connection with a credit sale or retail installment sale; ``(2) establish the types of fees and the maximum amount of fees that a seller may charge in connection with a credit sale or retail installment sale; or ``(3) establish the types of credit insurance and the maximum amount of premiums that may be charged for credit insurance in connection with a credit sale or a retail installment sale. ``(b) Additional Termination Charges and Fees.-- ``(1) Charges and fees authorized.--In addition to charges and fees authorized under subsection (a), a seller in a rent- to-own transaction may charge-- ``(A) a termination fee in accordance with paragraph (2), if in exchange the consumer is given the right to terminate the rent-to-own contract for the transaction at any time without regard to whether the consumer has completed payment of the fee; and ``(B) reasonable fees for recovery of the items that are the subject of the contract and that are not voluntarily returned to the seller upon the completion or termination of the contract. ``(2) Termination fee.--A termination fee under paragraph (1)(A)-- ``(A) shall not exceed 5 percent of the cash price disclosed under the contract; ``(B) shall be disclosed in the contract; and ``(C) may be paid at the time the contract is entered into or over the life of the contract; and ``(D) shall be calculated as part of the finance charge determined under section 106 of the Truth in Lending Act. ``(3) Recovery fees.--A recovery fee under paragraph (1)(B) shall be disclosed in the contract. ``(4) Effect of termination.--The termination of a rent-to- own contract by a consumer in accordance with a right of termination given to the consumer in exchange for a termination fee under subsection (a)(1) shall be deemed to satisfy the consumer's obligations for all payments and fees due under the contract, except for payments and fees under the contract that were due prior to the date of termination. ``(c) Guarantees and Warranties.--All guarantees and warranties established or required under the laws of a State for goods sold pursuant to a consumer credit sale or retail installment sale shall apply to goods that are the subject of a rent-to-own transaction in the State. ``Sec. 1005. Application of Federal laws ``The following Federal laws apply to a rent-to-own transaction, as follows: ``(1) Truth in lending act.--The Truth in Lending Act applies as it applies to consumer credit transactions other than consumer credit transactions under an open end credit plan. ``(2) Equal credit opportunity act.--The Equal Credit Opportunity Act applies as it applies to credit transactions. For purposes of this application-- ``(A) a consumer shall be treated as an applicant; and ``(B) a seller shall be treated as a creditor. ``(3) Fair debt collection practices act.--The Fair Debt Collection Practices Act applies to the collection of overdue payments arising from a rent-to-own transaction, unless the payments are collected by any person specified in subparagraphs (A) through (F) of section 803(6) of such Act. For purposes of this application, overdue payments shall be treated as debt. ``(4) Fair credit reporting act.--The Fair Credit Reporting Act applies as it applies to a credit transaction and to any extension or denial of credit. ``Sec. 1006. Disclosures on goods ``A seller shall include on each item in the place of business of the seller that is available for purchase pursuant to a rent-to-own transaction-- ``(1) the cash price of the item; ``(2) an itemization of services offered under a rent-to- own contract for the item, and the cash price of each service; ``(3) the annual percentage rate of the item under a rent- to-own contract, determined under section 107 of the Truth in Lending Act; ``(4) the weekly, biweekly, monthly, or other incremental payment applicable under the rent-to-own contract for the transaction and the number of payments; ``(5) the total of payments required to be paid to acquire ownership of the item under a rent-to-own contract for the transaction, determined under regulations under the Truth in Lending Act; and ``(6) specification of whether the item is new or used. ``Sec. 1007. Prohibitions; enforcement ``(a) Prohibitions.--A person who is a seller under a rent-to-own contract with a consumer shall not-- ``(1) threaten or invoke criminal prosecution of a consumer for any matter related to the contract, unless there is clear and convincing evidence that the goods that are the subject of the contract are being held by the consumer with an intent to defraud the seller; ``(2) use threats or coercion to collect or attempt to collect any amounts alleged to be due from the consumer; ``(3) engage in any conduct, the natural consequence of which is to oppress, harass, or abuse any person in connection with an attempt to collect amounts owed by the consumer under the contract; ``(4) unreasonably publicize information to third parties regarding amounts owed by the consumer; ``(5) make any fraudulent, deceptive, or misleading representation to obtain information about the consumer or to collect amounts owed by the consumer; ``(6) use any unconscionable means to collect or attempt to collect a debt owed to the seller; ``(7) engage in any act or practice that is unfair or deceptive in making, servicing, or collecting payment pursuant to a rent-to-own contract; ``(8) advertise, announce, solicit, or otherwise represent as free or available without charge (including by use of other words of similar meaning) any service under the contract for which the seller charges the consumer, including any service for which a charge is collected by inclusion in the amount required to be paid under the contract; ``(9) use, for purposes of complying with any State or Federal law governing rent-to-own transactions (other than a State or Federal tax law) any definition of the term `cash price' other than the definition under section 1003(2); or ``(10) attempt to evade the provisions of this title by any devise or subterfuge. ``(b) Enforcement.-- ``(1) In general.--Compliance with the requirements under this title shall be enforced by the Commission. All functions and powers of the Commission under the Federal Trade Commission Act shall be available to the Commission to enforce compliance with this title by any person, irrespective of whether the person is engaged in commerce or meets any other jurisdictional tests in the Federal Trade Commission Act, including the power to enforce the provisions of this title in the same manner as if the violation had been a violation of a Commission trade regulation rule. ``(2) Treatment of violations.--For the purpose of the exercise by the Commission of its functions and powers under the Federal Trade Commission Act, a violation of any requirement or prohibition under this title is deemed to be an unfair or deceptive act or practice in commerce in violation of that Act. ``Sec. 1008. Civil liability ``(a) Liability for Failure to Properly Disclose Terms.--A seller who fails to comply with a requirement under section 1006 shall be liable to the consumer in an amount equal to the sum of-- ``(1) actual damages sustained by the consumer as a result of the failure; ``(2) $500 for each failure; and ``(3) all costs of the action and reasonable attorney fees, as determined by the court. ``(b) Other Liability.--A seller who violates this title or fails to comply with any requirement imposed under this title, other than under section 1005, shall be liable to the consumer in an amount equal to the sum of-- ``(1) actual damages sustained by the consumer as a result of the violation; ``(2) $5,000 for each violation; and ``(3) all costs of the action and reasonable attorney fees, as determined by the court. ``(c) Jurisdiction; Limitation.-- ``(1) In general.--An action under this title may be brought in any United States district court or in any other court of competent jurisdiction, not later than 2 years after the date of the violation or failure that is the subject of the action. ``(2) Other actions.--The 2-year statute of limitations in paragraph (1) shall not prohibit any person from asserting a violation of this title as a defense in an action to collect amounts alleged to be due from such person, if such action is brought more than 2 years after the date of the occurrence of the violation. ``(d) Remedies.--Nothing in this title shall be construed to limit any remedy otherwise available under State or Federal law. ``Sec. 1009. Regulations ``Not later than 6 months after the date of enactment of this title, the Commission shall issue such regulations as may be necessary to implement this title. ``Sec. 1010. Relationship to other laws ``(a) State Law.--This title does not annul, alter, affect, or exempt any person subject to the provisions of this title from complying with the laws of any State with respect to rent-to-own transactions, except to the extent that such laws are inconsistent with any provision of this title, and then only to the extent of the inconsistency. ``(b) Consumer Lease Provisions of Truth in Lending Act.--Chapter 5 of the Truth in Lending Act, relating to consumer leases, shall not apply to a rent-to-own transaction to the extent application of that Act to the transaction is inconsistent with this title.''. SEC. 3. RECOMMENDATIONS TO CONGRESS. Not later than 2 years after the date of enactment of this Act, the Federal Trade Commission shall submit to the Congress any recommendations for further legislative or administrative action with respect to the regulation of rent-to-own transactions. SEC. 4. EFFECTIVE DATE. The provisions of this Act and the amendments made by this Act shall take effect on the date of enactment of this Act. S 1566 IS----2

Summary: Rent-To-Own Consumer Credit Protection Act of 1993 - Amends the Consumer Credit Protection Act to prohibit a seller in a rent-to-own transaction from taking, receiving, or assessing any interest, finance charge, or other fee for the transaction in excess of that which may be charged under State law which establishes in connection with a credit or retail installment sale for the same or a similar item: (1) a maximum rate or amount of interest, finance charge, or time-price differential that may be charged; (2) the types and maximum amount of fees that a seller may charge; or (3) the types of credit insurance and the maximum amount of premiums that can be charged for credit insurance. Sets forth requirements regarding: (1) termination, recovery, and other fees; (2) the effect of termination; and (3) guarantees and warranties. Makes the following Federal laws applicable to rent-to-own transactions: (1) the Truth in Lending Act; (2) the Equal Credit Opportunity Act; (3) the Fair Debt Collection Practices Act; and (4) the Fair Credit Reporting Act. Requires a seller to include the following information on each item in the seller's place of business that is available for purchase pursuant to a rent-to-own transaction: (1) the cash price; (2) an itemization of services offered and the price of each service; (3) the annual percentage rate; (4) any applicable periodic payment and the number of payments; (5) the total number of payments required to acquire ownership; and (6) whether the item is new or used. Requires a seller to provide such information to a consumer in writing at the time the parties enter into the contract. Prohibits a seller under a rent-to-own contract with a consumer from taking specified actions, such as using threats or coercion to collect amounts alleged due, or unreasonably disclosing information to third parties regarding amounts owed by the consumer. Makes compliance with the requirements of this Act enforceable by the Federal Trade Commission. Deems a violation of this Act to be an unfair or deceptive act or practice in violation of the Federal Trade Commission Act. Subjects sellers who violate the requirements of this Act to civil liability.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Office of Domestic Product Promotion Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) In 2007, the United States trade deficit for goods reached $815 billion. (2) In March 2005, manufacturing employment in the United States fell to 14.3 million. This number is lower than it was in 1945, when the population of the United States was more than 50 percent less. (3) In 2006, United States manufacturing's share of the Gross Domestic Product was approximately half what it was in 1950. (4) The earnings of United States manufacturing workers exceed the earnings of workers in the service and other sectors. (5) Each United States manufacturing job creates as many as four related jobs. (6) The promotion of domestically produced goods is beneficial for United States workers and the United States economy. SEC. 3. DEFINITION. In this Act the term ``domestic product'' means a product-- (1) that is manufactured or produced in the United States; and (2) at least 65 percent of the cost of the articles, materials, or supplies of which are grown, mined, produced, or manufactured in the United States. SEC. 4. OFFICE OF DOMESTIC PRODUCT PROMOTION. (a) Establishment.--There is hereby established within the Department of Commerce an Office of Domestic Product Promotion (hereinafter referred to in this Act as the ``Office''). (b) Duties.--The Office shall-- (1) work with United States businesses to promote domestic products; (2) provide information and advice to United States businesses on benefits and incentives available to United States businesses for producing domestic products, including the award of Federal procurement contracts and Federal and State tax benefits; (3) establish a comprehensive database of businesses that use, sell, or would prefer to use or sell, domestic products, and make the information in such database available to the public, including on a website that a user can sort and search by the State, county, city, or congressional district of a business, as well as by product type; (4) develop, with input from private businesses, non-profit businesses, labor organizations, academic institutions, and other entities, tools and ideas on how to promote domestic products; and (5) coordinate with State governments to further the Office's performance of its duties. SEC. 5. COMPOSITION OF THE OFFICE. (a) National Director.-- (1) Selection.--The Office shall be headed by a National Director, who shall be appointed by the President, by and with the advice of the Senate. (2) Term.--The National Director shall serve a term of 5 years. A National Director whose term has expired may continue to serve until the date on which a successor takes office. (3) Compensation.--The National Director shall be compensated at the rate provided for level V of the Executive Schedule under section 5316 of title 5, United States Code. (b) Staff.--The National Director shall appoint, terminate, and fix the compensation of such employees of the Office as the National Director considers necessary to carry out the functions of the Office, except that no rate of pay fixed under this subsection may exceed the equivalent of the rate provided for level V of the Executive Schedule under section 5316 of title 5, United States Code. SEC. 6. REGIONAL OFFICES. (a) In General.--The Office shall have six regional offices, each headed by a regional director, and one regional office shall be located within each of the following six regions: (1) Region 1, consisting of Ohio, Pennsylvania, Michigan, Indiana, Illinois, Kentucky, and West Virginia. (2) Region 2, consisting of the District of Columbia, Maine, New Hampshire, Vermont, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Delaware, and Maryland. (3) Region 3, consisting of Virginia, North Carolina, South Carolina, Tennessee, Georgia, Florida, Alabama, Mississippi, Louisiana, and Arkansas. (4) Region 4, consisting of California, Oregon, Washington, Idaho, Montana, Wyoming, Alaska, and Hawaii. (5) Region 5, consisting of Iowa, Missouri, North Dakota, South Dakota, Nebraska, Kansas, Oklahoma, Minnesota, and Wisconsin. (6) Region 6, consisting of Texas, Nevada, New Mexico, Arizona, Utah, and Colorado. (b) Duties.--The regional offices shall-- (1) support the Office in performing the Office's duties; and (2) concentrate on issues affecting the promotion of domestic products produced in the region in which the regional office is located. (c) Regional Director and Staff.-- (1) Appointment.--The National Director shall appoint, terminate, and fix the compensation of each regional director, except that no rate of pay fixed under this paragraph may exceed the equivalent of the rate provided for level V of the Executive Schedule under section 5316 of title 5, United States Code. (2) Qualifications.--Each regional director shall have knowledge of the domestic products produced in the region in which the regional office is located and region-specific issues related to the promotion of the region's domestic products. (3) Regional office staff.--Each regional director shall, with the approval of the National Director, appoint, terminate, and fix the compensation of such additional employees of the regional office as the regional director considers necessary to carry out the functions of the regional office, except that no rate of pay fixed under this paragraph may exceed the equivalent of the rate provided for level V of the Executive Schedule under section 5316 of title 5, United States Code. (d) Regional Conventions.--Each regional office shall hold an annual convention to help connect United States businesses producing domestic products with consumers who want to work with domestic products, address domestic product production issues, and generate ideas on how to promote domestic products. SEC. 7. REPORTS TO THE PRESIDENT AND THE CONGRESS. The National Director and the Secretary of Commerce shall submit an annual report to the President and the Congress on the operation of the Office, including recommendations on strategies for promoting domestic products. SEC. 8. AUTHORIZATION OF APPROPRIATION. There are authorized to be appropriated such sums as may be necessary to carry out this Act.

Summary: Office of Domestic Product Promotion Act - Establishes within the Department of Commerce an Office of Domestic Product Promotion to: (1) work with U.S. businesses to promote domestic products; (2) provide information and advice to them on benefits and incentives available for producing domestic products, including the award of federal procurement contracts and federal and state tax benefits; (3) establish a comprehensive publicly available database of businesses that use, sell, or would prefer to use or sell, domestic products; (4) develop tools and ideas on how to promote domestic products; and (5) coordinate with state governments to further the Office's performance of its duties.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Executive Cyberspace Coordination Act of 2015''. SEC. 2. NATIONAL OFFICE FOR CYBERSPACE. (a) Coordination of Federal Information Policy.--Subchapter II of chapter 35 of title 44, United States Code, is amended-- (1) in section 3552(b), by adding at the end the following new paragraphs: ``(8) The term `Director' means the Director of the National Office for Cyberspace. ``(9) The term `information infrastructure' means the underlying framework that information systems and assets rely on in processing, storing, or transmitting information electronically.''; (2) in section 3553-- (A) in subsection(a)-- (i) in paragraph (5), by striking ``; and'' and inserting a semicolon; (ii) in paragraph (6), by striking the period at the end and inserting a semicolon; and (iii) by inserting after paragraph (6) the following new paragraphs: ``(7) reviewing at least annually, and approving or disapproving, agency information security programs required under section 3554(b); ``(8) coordinating the defense of information infrastructure operated by agencies in the case of a large- scale attack on information infrastructure, as determined by the Director; ``(9) coordinating information security training for Federal employees with the Office of Personnel Management; ``(10) ensuring the adequacy of protections for privacy and civil liberties in carrying out the responsibilities of the Director under this subchapter; ``(11) making recommendations that the Director determines are necessary to ensure risk-based security of the Federal information infrastructure and information infrastructure that is owned, operated, controlled, or licensed for use by, or on behalf of, the Department of Defense, a military department, or another element of the intelligence community to-- ``(A) the Director of the Office of Management and Budget; ``(B) the head of an agency; or ``(C) to Congress with regard to the reprogramming of funds; ``(12) ensuring, in consultation with the Administrator of the Office of Information and Regulatory Affairs, that the efforts of agencies relating to the development of regulations, rules, requirements, or other actions applicable to the national information infrastructure are complementary; ``(13) when directed by the President, carrying out the responsibilities for national security and emergency preparedness communications described in section 706 of the Communications Act of 1934 (47 U.S.C. 606) to ensure integration and coordination; and ``(14) as assigned by the President, other duties relating to the security and resiliency of cyberspace.''; (3) by adding at the end of section 3554, the following new subsection: ``(f) Budget Assessment and Reporting.-- ``(1) Agency submission.--The head of each agency shall submit to the Director a budget each year for the following fiscal year relating to the protection of information infrastructure for such agency, by a date determined by the Director that is before July 1 of each year. Such budget shall include-- ``(A) a review of any threats to information technology for such agency; ``(B) a plan to secure the information infrastructure for such agency based on threats to information technology, using the National Institute of Standards and Technology guidelines and recommendations; ``(C) a review of compliance by such agency with any previous year plan described in subparagraph (B); and ``(D) a report on the development of the credentialing process to enable secure authentication of identity and authorization for access to the information infrastructure of such agency. ``(2) Assessment and certification.--The Director shall assess and certify the adequacy of each budget submitted under paragraph (1). ``(3) Agency recommendations.--Not later than July 1 of each year, the Director shall submit to the head of each agency budget recommendations, including requests for specific initiatives that are consistent with the priorities of the President relating to the protection of information infrastructure. Such budget recommendations shall-- ``(A) apply to the next budget year scheduled for formulation under chapter 11 of title 31, and each of the 4 subsequent fiscal years; and ``(B) address funding priorities developed in the National Office for Cyberspace. ``(4) Recommendations to the president.--The Director shall make recommendations to the President that the Director determines are appropriate regarding changes in the organization, management, and budget of each agency relating to the protection of information infrastructure in each such agency, and changes in the allocation of personnel to and within such agency, including monetary penalties or incentives necessary to encourage and maintain accountability of any agency, or senior agency official, for efforts to secure the information infrastructure of such agency.''; and (4) by adding at the end the following new section: ``Sec. 3559. National Office for Cyberspace ``(a) Establishment.--There is established within the Executive Office of the President an office to be known as the National Office for Cyberspace. ``(b) Director.-- ``(1) In general.--There shall be at the head of the National Office for Cyberspace a Director, who shall be appointed by the President by and with the advice and consent of the Senate. The Director of the National Office for Cyberspace shall administer all functions designated to such Director under section 3553 and collaborate to the extent practicable with the heads of appropriate agencies, the private sector, and international partners. The Office shall serve as the principal office for coordinating issues relating to cyberspace, including achieving an assured, reliable, secure, and survivable information infrastructure and related capabilities for the Federal Government, while promoting national economic interests, security, and civil liberties. ``(2) Basic pay.--The Director of the National Office for Cyberspace shall be paid at the rate of basic pay for level III of the Executive Schedule. ``(c) Staff.--The Director of the National Office for Cyberspace may appoint and fix the pay of additional personnel as the Director considers appropriate. ``(d) Experts and Consultants.--The Director of the National Office for Cyberspace may procure temporary and intermittent services under section 3109(b) of title 5.''. (b) Technical and Conforming Amendments.--The table of sections for subchapter II of chapter 35 of title 44, United States Code, is amended by adding at the end the following: ``3559. National Office for Cyberspace.''. (c) National Strategy Required.--Not later than one year after the date of the enactment of this Act, the Director of the National Office for Cyberspace shall establish a national strategy for improving agency information security. (d) Effective Date.--This section, and the amendments made by this section, shall take effect 180 days after the date of the enactment of this Act.

Summary: Executive Cyberspace Coordination Act of 2015 This bill establishes the National Office for Cyberspace within the Executive Office of the President, to be headed by a Director. The Office shall serve as the principal office for coordinating issues relating to cyberspace, including achieving an assured, reliable, secure, and survivable information infrastructure while promoting national economic interests, security, and civil liberties. The bill defines "information infrastructure" as the underlying framework that information systems and assets rely on to process, store, or transmit information electronically. The bill assigns new duties to the Director, including: (1) reviewing at least annually, and approving or disapproving, agency information security programs; (2) coordinating information security training for federal employees with the Office of Personnel Management; and (3) ensuring the adequacy of protections for privacy and civil liberties. The head of each agency must submit to the Director an annual budget relating to the protection of information infrastructure for the agency, which shall include a review of any threats to information technology for such agency and a plan to secure the information infrastructure for such agency based on threats to information technology.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Paul Wellstone Mental Health Equitable Treatment Act of 2005''. SEC. 2. AMENDMENTS TO THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974. (a) In General.--Section 712 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1185a) is amended to read as follows: ``SEC. 712. MENTAL HEALTH PARITY. ``(a) In General.--In the case of a group health plan (or health insurance coverage offered in connection with such a plan) that provides both medical and surgical benefits and mental health benefits, such plan or coverage shall not impose any treatment limitations or financial requirements with respect to the coverage of benefits for mental illnesses unless comparable treatment limitations or financial requirements are imposed on medical and surgical benefits. ``(b) Construction.-- ``(1) In general.--Nothing in this section shall be construed as requiring a group health plan (or health insurance coverage offered in connection with such a plan) to provide any mental health benefits. ``(2) Medical management of mental health benefits.-- Consistent with subsection (a), nothing in this section shall be construed to prevent the medical management of mental health benefits, including through concurrent and retrospective utilization review and utilization management practices, preauthorization, and the application of medical necessity and appropriateness criteria applicable to behavioral health and the contracting and use of a network of participating providers. ``(3) No requirement of specific services.--Nothing in this section shall be construed as requiring a group health plan (or health insurance coverage offered in connection with such a plan) to provide coverage for specific mental health services, except to the extent that the failure to cover such services would result in a disparity between the coverage of mental health and medical and surgical benefits. ``(c) Small Employer Exemption.-- ``(1) In general.--This section shall not apply to any group health plan (and group health insurance coverage offered in connection with a group health plan) for any plan year of any employer who employed an average of at least 2 but not more than 50 employees on business days during the preceding calendar year. ``(2) Application of certain rules in determination of employer size.--For purposes of this subsection-- ``(A) Application of aggregation rule for employers.--Rules similar to the rules under subsections (b), (c), (m), and (o) of section 414 of the Internal Revenue Code of 1986 shall apply for purposes of treating persons as a single employer. ``(B) Employers not in existence in preceding year.--In the case of an employer which was not in existence throughout the preceding calendar year, the determination of whether such employer is a small employer shall be based on the average number of employees that it is reasonably expected such employer will employ on business days in the current calendar year. ``(C) Predecessors.--Any reference in this paragraph to an employer shall include a reference to any predecessor of such employer. ``(d) Separate Application to Each Option Offered.--In the case of a group health plan that offers a participant or beneficiary two or more benefit package options under the plan, the requirements of this section shall be applied separately with respect to each such option. ``(e) In-Network and Out-of-Network Rules.--In the case of a plan or coverage option that provides in-network mental health benefits, out-of-network mental health benefits may be provided using treatment limitations or financial requirements that are not comparable to the limitations and requirements applied to medical and surgical benefits if the plan or coverage provides such in-network mental health benefits in accordance with subsection (a) and provides reasonable access to in- network providers and facilities. ``(f) Definitions.--For purposes of this section-- ``(1) Financial requirements.--The term `financial requirements' includes deductibles, coinsurance, co-payments, other cost sharing, and limitations on the total amount that may be paid by a participant or beneficiary with respect to benefits under the plan or health insurance coverage and shall include the application of annual and lifetime limits. ``(2) Medical or surgical benefits.--The term `medical or surgical benefits' means benefits with respect to medical or surgical services, as defined under the terms of the plan or coverage (as the case may be), but does not include mental health benefits. ``(3) Mental health benefits.--The term `mental health benefits' means benefits with respect to services, as defined under the terms and conditions of the plan or coverage (as the case may be), for all categories of mental health conditions listed in the Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition (DSM IV-TR), or the most recent edition if different than the Fourth Edition, if such services are included as part of an authorized treatment plan that is in accordance with standard protocols and such services meet the plan or issuer's medical necessity criteria. ``(4) Treatment limitations.--The term `treatment limitations' means limitations on the frequency of treatment, number of visits or days of coverage, or other similar limits on the duration or scope of treatment under the plan or coverage.''. (b) Clerical Amendment.--The table of contents in section 1 of such Act is amended by striking the item relating to section 712 and inserting the following new item: ``Sec. 712. Mental health parity.''. (c) Effective Date.--The amendments made by this section shall apply with respect to plan years beginning on or after January 1, 2006. SEC. 3. AMENDMENT TO THE PUBLIC HEALTH SERVICE ACT RELATING TO THE GROUP MARKET. (a) In General.--Section 2705 of the Public Health Service Act (42 U.S.C. 300gg-5) is amended to read as follows: ``SEC. 2705. MENTAL HEALTH PARITY. ``(a) In General.--In the case of a group health plan (or health insurance coverage offered in connection with such a plan) that provides both medical and surgical benefits and mental health benefits, such plan or coverage shall not impose any treatment limitations or financial requirements with respect to the coverage of benefits for mental illnesses unless comparable treatment limitations or financial requirements are imposed on medical and surgical benefits. ``(b) Construction.-- ``(1) In general.--Nothing in this section shall be construed as requiring a group health plan (or health insurance coverage offered in connection with such a plan) to provide any mental health benefits. ``(2) Medical management of mental health benefits.-- Consistent with subsection (a), nothing in this section shall be construed to prevent the medical management of mental health benefits, including through concurrent and retrospective utilization review and utilization management practices, preauthorization, and the application of medical necessity and appropriateness criteria applicable to behavioral health and the contracting and use of a network of participating providers. ``(3) No requirement of specific services.--Nothing in this section shall be construed as requiring a group health plan (or health insurance coverage offered in connection with such a plan) to provide coverage for specific mental health services, except to the extent that the failure to cover such services would result in a disparity between the coverage of mental health and medical and surgical benefits. ``(c) Small Employer Exemption.-- ``(1) In general.--This section shall not apply to any group health plan (and group health insurance coverage offered in connection with a group health plan) for any plan year of any employer who employed an average of at least 2 but not more than 50 employees on business days during the preceding calendar year. ``(2) Application of certain rules in determination of employer size.--For purposes of this subsection-- ``(A) Application of aggregation rule for employers.--Rules similar to the rules under subsections (b), (c), (m), and (o) of section 414 of the Internal Revenue Code of 1986 shall apply for purposes of treating persons as a single employer. ``(B) Employers not in existence in preceding year.--In the case of an employer which was not in existence throughout the preceding calendar year, the determination of whether such employer is a small employer shall be based on the average number of employees that it is reasonably expected such employer will employ on business days in the current calendar year. ``(C) Predecessors.--Any reference in this paragraph to an employer shall include a reference to any predecessor of such employer. ``(d) Separate Application to Each Option Offered.--In the case of a group health plan that offers a participant or beneficiary two or more benefit package options under the plan, the requirements of this section shall be applied separately with respect to each such option. ``(e) In-Network and Out-of-Network Rules.--In the case of a plan or coverage option that provides in-network mental health benefits, out-of-network mental health benefits may be provided using treatment limitations or financial requirements that are not comparable to the limitations and requirements applied to medical and surgical benefits if the plan or coverage provides such in-network mental health benefits in accordance with subsection (a) and provides reasonable access to in- network providers and facilities. ``(f) Definitions.--For purposes of this section-- ``(1) Financial requirements.--The term `financial requirements' includes deductibles, coinsurance, co-payments, other cost sharing, and limitations on the total amount that may be paid by a participant, beneficiary or enrollee with respect to benefits under the plan or health insurance coverage and shall include the application of annual and lifetime limits. ``(2) Medical or surgical benefits.--The term `medical or surgical benefits' means benefits with respect to medical or surgical services, as defined under the terms of the plan or coverage (as the case may be), but does not include mental health benefits. ``(3) Mental health benefits.--The term `mental health benefits' means benefits with respect to services, as defined under the terms and conditions of the plan or coverage (as the case may be), for all categories of mental health conditions listed in the Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition (DSM IV-TR), or the most recent edition if different than the Fourth Edition, if such services are included as part of an authorized treatment plan that is in accordance with standard protocols and such services meet the plan or issuer's medical necessity criteria. ``(4) Treatment limitations.--The term `treatment limitations' means limitations on the frequency of treatment, number of visits or days of coverage, or other similar limits on the duration or scope of treatment under the plan or coverage.''. (b) Effective Date.--The amendment made by this section shall apply with respect to plan years beginning on or after January 1, 2006. SEC. 4. PREEMPTION. Nothing in the amendments made by this Act shall be construed to preempt any provision of State law, with respect to health insurance coverage offered by a health insurance issuer in connection with a group health plan, that provides protections to enrollees that are greater than the protections provided under such amendments. Nothing in the amendments made by this Act shall be construed to affect or modify section 514 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1144). SEC. 5. GOVERNMENT ACCOUNTABILITY OFFICE STUDY. (a) Study.--The Comptroller General shall conduct a study that evaluates the effect of the implementation of the amendments made by this Act on the cost of health insurance coverage, access to health insurance coverage (including the availability of in-network providers), the quality of health care, and other issues as determined appropriate by the Comptroller General. Such study also shall include an estimation of the costs of extending the provisions of such amendments to treatment of substance abuse and chemical dependency. (b) Report.--Not later than 2 years after the date of enactment of this Act, the Comptroller General shall prepare and submit to the appropriate committees of Congress a report containing the results of the study conducted under subsection (a).

Summary: Paul Wellstone Mental Health Equitable Treatment Act of 2005 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Public Health Service Act to prohibit a group health plan or group health coverage that provides both medical and surgical benefits and mental health benefits from imposing treatment limitations or financial requirements on the mental health benefits unless comparable limitations or requirements are imposed on medical and surgical benefits. Excludes such requirements for plans and coverage for small employers. Allows a plan or coverage that provides in-network mental health benefits to provide out-of-network mental health benefits using treatment limitations or financial requirements that are not comparable to those applied to medical-surgical benefits if the in-network mental health benefits are provided at parity with medical-surgical benefits and with reasonable access. Requires the Government Accountability Office (GAO) to: (1) study the effects of this Act on health insurance costs and access and quality of health care; and (2) provide a cost estimation of extending such requirements to the treatment of substance abuse and chemical dependency.


SECTION 1. PURPOSE. The purpose of this Act is to establish the Trade Agreement Enforcement Commission to oversee the enforcement of worker rights provisions in trade agreements to which the United States is a party and in trade preference programs. SEC. 2. ESTABLISHMENT. (a) In General.--There is established the Trade Agreement Enforcement Commission (in this Act referred to as the ``Commission''). (b) Membership.-- (1) In general.--The Commission shall be composed of 15 members, who shall be appointed as follows from among persons in private life who have expertise in matters involving worker rights: (A) Four members shall be appointed by the Speaker of the House of Representatives, after consulting with the chairman of the Committee on Education and Labor and the chairman of the Committee on Ways and Means. (B) Three members shall be appointed by the minority leader of the House of Representatives, after consulting with the ranking member of the Committee on Education and Labor and the ranking member of the Committee on Ways and Means. (C) Four members shall be appointed by the majority leader of the Senate, after consulting with the chairman of the Committee on Health, Education, Labor, and Pensions and the chairman of the Committee on Finance. (D) Three members shall be appointed by the minority leader of the Senate, after consulting with the ranking member of the Committee on Health, Education, Labor, and Pensions and the ranking member of the Committee on Finance. (E) One member shall be appointed by the President. (2) Staggered terms.--(A) Each appointing authority referred to under subparagraphs (A) and (C) of paragraph (1) shall make the initial appointments on a staggered term basis, such that-- (i) 1 appointment shall be for a term expiring on December 31, 2009; (ii) 1 appointment shall be for a term expiring on December 31, 2010; and (iii) 2 appointments shall be for a term expiring on December 31, 2011. (B) Each appointing authority referred to under subparagraphs (B) and (D) of paragraph (1) shall make the initial appointments on a staggered term basis, such that-- (i) 1 appointment shall be for a term expiring on December 31, 2009; (ii) 1 appointment shall be for a term expiring on December 31, 2010; and (iii) 1 appointment shall be for a term expiring on December 31, 2011. (C) The President shall make the initial appointment under subparagraph (E) of paragraph (1) for a term expiring on December 31, 2010. (D) Each appointing authority under paragraph (1) shall make all subsequent appointments on an approximate 2-year term basis to expire on December 31 of the applicable year. (E) Each appointing authority under paragraph (1) shall make appointments not later than January 31 of the year in which the term of the member of the Commission is to begin. (3) Reappointment.--Members of the Commission may be reappointed for additional terms of service as members of the Commission. (4) Vacancies.--Any member appointed to fill a vacancy occurring before the expiration of the term for which the member's predecessor was appointed shall be appointed only for the remainder of that term. A member may serve after the expiration of that member's term until a successor has taken office. A vacancy on the Commission shall be filled in the manner in which the original appointment was made. (c) Chairperson and Vice Chairperson.--The members of the Commission shall select a Chairperson and Vice Chairperson of the Commission from among the members of the Commission. (d) Meetings.-- (1) Meetings.--The first meeting of the Commission shall be held not later than 90 days after the initial appointments are made under subsection (b). Thereafter, the Commission shall meet at the call of the Chairperson of the Commission. (2) Quorum.--A majority of the members of the Commission shall constitute a quorum for the transaction of business of the Commission. (e) Voting.--Each member of the Commission shall be entitled to one vote, which shall be equal to the vote of every other member of the Commission. SEC. 3. DUTIES. (a) In General.--The Commission shall monitor, investigate, and report to Congress and the President on the enforcement by each trading partner of the United States of worker rights in the territory of the trading partner. (b) Specific Matters.--In carrying out subsection (a), the Commission shall do the following: (1) Monitor enforcement of worker rights in the territory of each trading partner of the United States. (2) Review enforcement activities, including complaints, claims, and petitions reviewed, of the United States Trade Representative, and the Office of Trade and Labor Affairs in the Bureau of International Affairs of the Department of Labor, with respect to violations of worker rights in the territory of trading partners of the United States. (3) With respect to trading partners of the United States that are violating worker rights, make recommendations that the Commission considers appropriate to the President, including-- (A) invoking dispute settlement procedures under the applicable trade agreement with a trading partner of the United States that is failing to enforce worker rights in the territory of that trading partner; (B) withdrawing trade preferences from a trading partner under the applicable trade agreement with the trading partner, or under the applicable trade preference program, as the case may be; (C) establishing an ombudsman in the territory of a trading partner that has engaged in a pattern of violations of worker rights or that has engaged in serious violations of worker rights, for the purpose of monitoring and investigating worker rights in those countries; or (D) taking such other actions as the Commission considers appropriate. (c) Annual Report.--Not later than June 1 of each year (beginning in 2009), the Commission shall submit to the Congress and the President a report on the enforcement by the trading partners of the United States of worker rights within the territories of such trading partners, including the recommendations for action, if any, under subsection (b)(3). If possible, the report shall include an analysis of the impact of any violations of workers rights in the territory of a trading partner on the economy of the United States and, in particular, on employment in the United States. (d) Report by the President.--The President shall report to the Congress, not later than 6 months after each report of the Commission is submitted under subsection (c), on the actions taken by the executive branch with respect to all issues addressed in the Commission's report, including whether, or the extent to which, the President has implemented any recommendations of the Commission with respect to the enforcement of worker rights. SEC. 4. POWERS. (a) Hearings.--The Commission or, at its direction, any panel or member of the Commission, may, for the purpose of carrying out the provisions of this Act, hold hearings, sit and act at times and places, take testimony, receive evidence, and administer oaths to the extent that the Commission or any panel or member considers advisable. (b) Information.--The Commission may request from any Federal department or agency information that the Commission considers necessary to enable the Commission to carry out its duties under this Act. Upon the request of the Commission, the head of such department or agency shall furnish such information to the Commission. (c) Postal Services.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. (d) Commission Personnel Matters.-- (1) Compensation of members.--Each member of the Commission shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Commission. (2) Travel expenses.--The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. (3) Staff.-- (A) In general.--The Chairperson of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. The employment of an executive director shall be subject to confirmation by the Commission. (B) Compensation.--The Chairperson of the Commission may fix the compensation of the executive director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (4) Detail of government employees.--Any Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (5) Procurement of temporary and intermittent services.-- The Chairperson of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. (6) Foreign travel for official purposes.--Foreign travel for official purposes by members and staff of the Commission may be authorized by either the Chairperson or the Vice Chairperson of the Commission. (7) Applicability of certain pay authorities.--An individual who is a member of the Commission and is an annuitant or otherwise covered by section 8344 or 8468 of title 5, United States Code, by reason of membership on the Commission is not subject to the provisions of section 8344 or 8468 (whichever is applicable) with respect to such membership. (e) Support Services.--The Administrator of the General Services Administration shall provide to the Commission on a reimbursable basis such administrative support services as the Commission may request. (f) Federal Advisory Committee Act.--The provisions of the Federal Advisory Committee Act (Public Law 92-463; 5 U.S.C. App.) shall apply to the activities of the Commission. SEC. 5. DEFINITIONS. In this Act: (1) Worker rights.--The term ``worker rights'' means, with respect to a trading partner-- (A) those provisions of the trade agreement between the United States and the trading partner that relate to worker rights in the territory of the trading partner, or (B) those provisions of law establishing the applicable trade preference program relating to worker rights in the territory of the trading partner, as the case may be. (2) Trade preference program.--The term ``trade preference program'' means a program established under the laws of the United States that provides trade preferences to countries that meet eligibility requirements set forth in the applicable law, including title V of the Trade Act of 1974, the Carribean Basin Economic Recovery Act, the African Growth and Opportunity Act, and the Andean Trade Preference Act. (3) Trading partner of the united states.--The term ``trading partner of the United States'' means-- (A) any country with which the United States has in effect a trade agreement providing for the reduction of tariff and nontariff barriers between the two countries; and (B) any country that is a beneficiary country under a trade preference program. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Commission for fiscal year 2009 and each fiscal year thereafter such sums as may be necessary to carry out this Act. SEC. 7. EFFECTIVE DATE. This Act shall take effect on the first day of the 111th Congress.

Summary: Establishes the Trade Agreement Enforcement Commission to oversee enforcement of worker rights provisions in: (1) trade agreements between the United States and other countries; and (2) trade preference programs.


SECTION 1. GRATUITOUS TRANSFERS FOR THE BENEFIT OF EMPLOYEES. (a) In General.--Subparagraph (C) of section 664(d)(1) of the Internal Revenue Code of 1986 and subparagraph (C) of section 664(d)(2) of such Code are each amended by striking the period at the end thereof and inserting ``or, to the extent the remainder interest is in qualified employer securities (as defined in paragraph (3)(C)), is to be transferred to an employee stock ownership plan (as defined in section 4975(e)(7)) in a qualified gratuitous transfer (as defined by paragraph (3)).'' (b) Qualified Gratuitous Transfer Defined.--Subsection (d) of section 664 of such Code is amended by redesignating paragraph (3) as paragraph (4) and by inserting after paragraph (2) the following new paragraph: ``(3) Qualified gratuitous transfer of qualified employer securities.-- ``(A) In general.--For purposes of this section, the term `qualified gratuitous transfer' means a transfer of qualified employer securities to an employee stock ownership plan (as defined in section 4975(e)(7)) but only to the extent that-- ``(i) the securities transferred previously passed from a decedent to a trust described in paragraph (1) or (2); ``(ii) no deduction under section 404 is allowable with respect to such transfer; ``(iii) such plan provides that the securities so transferred are allocated to plan participants in a manner consistent with section 401(a)(4); ``(iv) such plan treats such securities as being attributable to employer contributions but without regard to the limitations otherwise applicable to such contributions under section 404; ``(v) such plan provides that such securities are held in a suspense account under the plan to be allocated each year, up to the limitations under section 415(c), after first allocating all other annual additions for the limitation year, up to the limitations under sections 415 (c) and (e); and ``(vi) the employer whose employees are covered by the plan described in this subparagraph files with the Secretary a verified written statement consenting to the application of sections 4978 and 4979A with respect to such employer. ``(B) Qualified employer securities.--For purposes of this section, the term `qualified employer securities' means employer securities (as defined in section 409(l)) which are issued by a domestic corporation which has no outstanding stock which is readily tradable on an established securities market. ``(C) Treatment of securities allocated by employee stock ownership plan to persons related to decedent or 5-percent shareholders.-- ``(i) In general.--If any portion of the assets of the plan attributable to securities acquired by the plan in a qualified gratuitous transfer are allocated to the account of-- ``(I) any person who is related to the decedent (within the meaning of section 267(b)), or ``(II) any person who, at the time of such allocation or at any time during the 1-year period ending on the date of the acquisition of qualified employer securities by the plan, is a 5-percent shareholder of the employer maintaining the plan, the plan shall be treated as having distributed (at the time of such allocation) to such person or shareholder the amount so allocated. ``(ii) 5-percent shareholder.--For purposes of clause (i), the term `5-percent shareholder' means any person who owns (directly or through the application of section 318(a)) more than 5 percent of-- ``(I) any class of outstanding stock of the corporation which issued such qualified employer securities or of any corporation which is a member of the same controlled group of corporations (within the meaning of section 409(l)(4)) as such corporation, or ``(II) the total value of any class of outstanding stock of any such corporation; and For purposes of the preceding sentence, section 318(a) shall be applied without regard to the exception in paragraph (2)(B)(i) thereof. ``(iii) Cross reference.-- ``For excise tax on allocations described in clause (i), see section 4979A.'' (c) Conforming Amendments.-- (1) Section 401(a)(1) of such Code is amended by inserting ``or by a charitable remainder trust pursuant to a qualified gratuitous transfer (as defined in section 664(d)(3)(A)),'' after ``stock bonus plans),''. (2) Section 404(a)(9) of such Code is amended by inserting after subparagraph (B) the following new subparagraph: ``(C) A qualified gratuitous transfer (as defined in section 664(d)(3)(A)) shall have no effect on the amount or amounts otherwise deductible under paragraph (3) or (7) or under this paragraph.'' (3) Section 415(c)(6) of such Code is amended by adding at the end thereof the following new sentence: ``The amount of any qualified gratuitous transfer (as defined in section 664(d)(3)(A)) allocated to a participant for any limitation year shall not exceed the limitations imposed by this section, but such amount shall not be taken into account in determining whether any other amount exceeds the limitations imposed by this section.'' (4) Section 415(e) of such Code is amended-- (A) by redesignating paragraph (6) as paragraph (7), and (B) by inserting after paragraph (5) the following new paragraph: ``(6) Special rule for qualified gratuitous transfers.--Any qualified gratuitous transfer of qualified employer securities (as defined by section 664(d)(3)) shall not be taken into account in calculating, and shall not be subject to, the limitations provided in this subsection.'' (5) Paragraph (3) of section 644(e) of such Code is amended to read as follows: ``(3) acquired by a charitable remainder annuity trust (as defined in section 664(d)(1)) or a charitable remainder unitrust (as defined in sections 664(d) (2) and (4)), or''. (6) Subparagraph (B) of section 664(d)(1) of such Code and subparagraph (B) of section 664(d)(2) of such Code are each amended by inserting ``and other than qualified gratuitous transfers described in subparagraph (C)'' after ``subparagraph (A)''. (7) Paragraph (4) of section 674(b) of such Code is amended by inserting before the period ``or to an employee stock ownership plan (as defined in section 4975(e)(7)) in a qualified gratuitous transfer (as defined in section 664(d)(3))''. (8)(A) Section 2055(a) of such Code is amended-- (i) by striking ``or'' at the end of paragraph (3), (ii) by striking the period at the end of paragraph (4) and inserting ``; or'', and (iii) by inserting after paragraph (4) the following new paragraph: ``(5) to an employee stock ownership plan if such transfer qualifies as a qualified gratuitous transfer of qualified employer securities within the meaning of section 664(d)(3).'' (B) Clause (ii) of section 2055(e)(3)(C) of such Code is amended by striking ``section 664(d)(3)'' and inserting ``section 664(d)(4)''. (9) Paragraph (8) of section 2056(b) of such Code is amended to read as follows: ``(8) Special rule for charitable remainder trusts.-- ``(A) In general.--If the surviving spouse of the decedent is the only beneficiary of a qualified charitable remainder trust who is not a charitable beneficiary nor an ESOP beneficiary, paragraph (1) shall not apply to any interest in such trust which passes or has passed from the decedent to such surviving spouse. ``(B) Definitions.--For purposes of subparagraph (A)-- ``(i) Charitable beneficiary.--The term `charitable beneficiary' means any beneficiary which is an organization described in section 170(c). ``(ii) Esop beneficiary.--The term `ESOP beneficiary' means any beneficiary which is an employee stock ownership plan (as defined in section 4975(e)(7)) that holds a remainder interest in qualified employer securities (as defined in section 664(d)(3)) to be transferred to such plan in a qualified gratuitous transfer (as defined in section 664(d)(3)). ``(iii) Qualified charitable remainder trust.--The term `qualified charitable remainder trust' means a charitable remainder annuity trust or a charitable remainder unitrust (described in section 664).'' (10) Section 4947(b) of such Code is amended by inserting after paragraph (3) the following new paragraph: ``(4) Section 507.--The provisions of section 507(a) shall not apply to a trust which is described in subsection (a)(2) by reason of a distribution of qualified employer securities (as defined in section 664(d)(3)) to an employee stock ownership plan (as defined in section 4975(e)(7)) in a qualified gratuitous transfer (as defined by section 664(d)(3)).'' (11) The last sentence of section 4975(e)(7) of such Code is amended by inserting ``and section 664(d)(3)'' after ``section 409(n)'' (12) Subsection (a) of section 4978 of such Code is amended by inserting ``or acquired any qualified employer securities in a qualified gratuitous transfer to which section 664(d)(3) applied'' after ``section 1042 applied''. (13) Paragraph (2) of section 4978(b) of such Code is amended-- (A) by inserting ``or acquired in the qualified gratuitous transfer to which section 664(d)(3) applied'' after ``section 1042 applied'', and (B) by inserting ``or to which section 664(d)(3) applied'' after ``section 1042 applied'' in subparagraph (C) thereof. (14) Subsection (c) of section 4978 of such Code is amended by striking ``written statement'' and all that follows and inserting ``written statement described in section 664(d)(3)(A)(vi) or in section 1042(b)(3) (as the case may be).'' (15) Paragraph (2) of section 4978(e) of such Code is amended by striking the period and inserting ``; except that such section shall be applied without regard to subparagraph (B) thereof for purposes of applying this section and section 4979A with respect to securities acquired in a qualified gratuitous transfer (as defined in section 664(d)(3)(A)).'' (16) Subsection (a) of section 4979A of such Code is amended to read as follows: ``(a) Imposition of Tax.--If-- ``(1) there is a prohibited allocation of qualified securities by any employee stock ownership plan or eligible worker-owned cooperative, or ``(2) there is an allocation described in section 663(d)(3)(C)(i), there is hereby imposed a tax on such allocation equal to 50 percent of the amount involved.'' (17) Subsection (c) of section 4979A of such Code is amended to read as follows: ``(c) Liability for Tax.--The tax imposed by this section shall be paid by-- ``(1) the employer sponsoring such plan, or ``(2) the eligible worker-owned cooperative, which made the written statement described in section 664(d)(3)(A)(vi) or in section 1042(b)(3)(B) (as the case may be).'' (18) Section 4979A of such Code is amended by redesignating subsection (d) as subsection (e) and by inserting after subsection (c) the following new subsection: ``(d) Special Statute of Limitations for Tax Attributable to Certain Allocations.--The statutory period for the assessment of any tax imposed by this section on an allocation described in subsection (a)(2) of qualified employer securities shall not expire before the date which is 3 years from the later of-- ``(1) the 1st allocation of such securities in connection with a qualified gratuitous transfer (as defined in section 664(d)(3)(A)), or ``(2) the date on which the Secretary is notified of the allocation described in subsection (a)(2).'' (d) Effective Date.--The amendments made by this section shall apply to transfers made by trusts to, or for the use of, an employee stock ownership plan after the date of the enactment of this Act.

Summary: Amends the Internal Revenue Code regarding estates and trusts to provide rules for the gratuitous transfer of qualified employer securities to an employee stock ownership plan from charitable remainder trusts.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Genetic Fairness Act of 1996''. SEC. 2. DEFINITIONS. As used in this Act: (1) Family member.--The term ``family member'' means, with respect to an individual, another individual related by blood to that individual or a spouse or adopted child of the individual. (2) Genetic information.--The term ``genetic information'' means the information about genes, gene products or inherited characteristics that may be derived from an individual or a family member. (3) Genetic services.--The term ``genetic services'' means health services provided to obtain, assess, and interpret genetic information for diagnostic and therapeutic purposes, and for genetic education and counseling. (4) Genetic test.--The term ``genetic test'' means a procedure that is generally accepted in the scientific and medical communities and that is performed for the purposes of identifying the presence, absence, or alternation of any gene or chromosome. (5) Health plan.--The term ``health plan'' means-- (A) a group health plan (as such term is defined in section 607 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1167)), and a multiple employer welfare arrangement (as defined in section 3(40) of such Act) that provides health insurance coverage; or (B) any contractual arrangement for the provision of a payment for health care, including any health insurance arrangement or any arrangement consisting of a hospital or medical expense incurred policy or certificate, hospital or medical service plan contract, or health maintenance organization subscriber contract. (6) Insurer.--The term ``insurer'' means-- (A) an insurance company, health care service contractor, fraternal benefit organization, insurance agent, third party administrator, insurance support organization or other person subject to regulation under State health insurance laws; (B) a managed care organization; or (C) an employee welfare benefit plan regulated under the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1001 et seq.). (7) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. SEC. 3. PROHIBITIONS. (a) Genetic Information.--An insurer offering a health plan may not-- (1) terminate, restrict, limit, or otherwise apply conditions to coverage of an individual or family member under the plan, or restrict the sale of the plan to an individual or family member; (2) cancel or refuse to renew the coverage of an individual or family member under the plan; (3) deny coverage or exclude an individual or family member from coverage under the plan; (4) impose a rider that excludes coverage for certain benefits and services under the plan; (5) establish differentials in premium rates or cost sharing for coverage under the plan; or (6) otherwise discriminate against an individual or family member in the provision of health care; on the basis of any genetic information concerning an individual or family member or on the basis of an individual's or family member's request for or receipt of genetic services. (b) Genetic Tests.--An insurer offering a health plan may not require an applicant for coverage under the plan, or an individual or family member who is presently covered under the plan, to be the subject of a genetic test or to be subjected to questions relating to genetic information. (c) Notice of Rights.--An insurer offering a health plan shall, in the enrollment information provided by the insurer concerning such plan, provide an enrollee with a written statement disclosing the rights of the enrollee under this Act. Such statement shall be in a form and manner that is noticeable to and understandable by an average enrollee. (d) Enforcement.-- (1) Plans other than employee welfare benefit plans.--The requirements established under subsections (a), (b), and (c) shall be enforced by the State insurance commissioner for the State involved or the official or officials designated by the State, except that in no case shall a State enforce such requirements as they relate to employee welfare benefit plans. (2) Employee welfare benefit plans.--With respect to employee welfare benefit plans, the Secretary shall enforce the requirements established under subsections (a), (b), and (c) in the same manner as provided for under sections 502, 504, 506, and 510 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1132, 1134, 1136, and 1140). (3) Private right of action.--A person may, after that person has exhausted all available administrative remedies, bring a civil action-- (A) to enjoin any act or practice which violates subsection (a), (b), or (c); (B) to obtain other appropriate equitable relief-- (i) to redress such violations; or (ii) to require the Secretary of Health and Human Services to enforce any such subsections, or (C) to obtain other legal relief, including monetary damages. (4) Jurisdiction.--State courts of competent jurisdiction and district courts of the United States have concurrent jurisdiction of actions under this subsection. The district courts of the United States shall have jurisdiction, without respect to the amount in controversy or the citizenship of the parties, to grant the relief provided for in paragraph (3) in any action. (5) Venue.--For purposes of this subsection the venue provisions of section 1391 of title 28, United States Code, shall apply. (6) Regulations.--The Secretary may promulgate such regulations as may be necessary or appropriate to carry out this section. SEC. 4. EFFECTIVE DATE. This Act shall apply to any health plan offered or renewed on or after the end of the 90-day period beginning on the date of the enactment of this Act.

Summary: Genetic Fairness Act of 1996 - Prohibits an insurer offering a health plan from: (1) discriminating against an individual or family member on the basis of genetic information or on the basis of an individual's or family member's request for or receipt of genetic services; or (2) requiring a genetic test or questions relating to genetic information. Requires insurers to disclose enrollee rights. Provides for enforcement by State insurance commissioners, the Secretary of Health and Human Services, and private actions.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Houthis and Iran Sanctions Accountability Act of 2017''. SEC. 2. FINDINGS. Congress finds the following: (1) On April 2015, the United Nations Security Council adopted United Nations Security Council Resolution 2216 by 14 affirmative votes to none against, with one abstention (by the Russian Federation), imposing sanctions on individuals undermining the stability of Yemen, and demanded that the Houthis withdraw from all areas seized during the latest conflict, relinquish arms seized from military and security institutions, cease all actions falling exclusively within the authority of the legitimate Government of Yemen, and fully implement previous Security Council resolutions. (2) On May 16, 2012, the Obama administration issued Executive Order 13611 (50 U.S.C. 1701 note; relating to Blocking Property of Persons Threatening the Peace, Security, or Stability of Yemen), imposing sanctions on persons that ``have engaged in acts that directly or indirectly threaten the peace, security, or stability of Yemen, such as acts that obstruct the implementation of the agreement of November 23, 2011, between the Government of Yemen and those in opposition to it, which provides for a peaceful transition of power in Yemen, or that obstruct the political process in Yemen''. (3) On November 10, 2014, the Obama administration designated the leadership of the Iranian-supported Houthi insurgent group, and their ally former Yemeni President Ali Abdullah Saleh, for imposition of sanctions under Executive Order 13611. (4) Iran's Revolutionary Guard Corps has transferred increasingly sophisticated weapons systems to the Houthis, who have in turn shot missiles into Saudi Arabia from positions in northern Yemen, including a missile in November 2017 that targeted Riyadh International Airport. In response, Ambassador Nikki Haley called on ``the United Nations and international partners to take necessary action to hold the Iranian regime accountable for these violations''. (5) In addition to weapons, Iran is reportedly providing Afghan and Shi'ite Arab specialists, including Hizballah, to train Houthi units and act as logistical advisers. (6) The Iranian-supported Houthis have attacked coalition or coalition-affiliated maritime targets multiple times, a United States Navy ship twice, and other shipping, forcing the United States to respond with a combination of diplomacy and calibrated military strikes against three radar facilities in Houthi-controlled territory. SEC. 3. STATEMENT OF POLICY. It shall be the policy of the United States to condemn Iranian activities in Yemen in violation of United Nations Security Council Resolution 2216 (2015), and call on all responsible countries to take appropriate and necessary measures against the Government of Iran, including the interdiction of Iranian weapons to the Houthis, and the bilateral and multilateral application of sanctions against Iran for its violations of United Nations Security Council Resolution 2216. SEC. 4. CONTINUATION IN EFFECT OF SANCTIONS WITH RESPECT TO YEMEN. (a) In General.--United States sanctions with respect to Yemen provided for in Executive Order 13611 (50 U.S.C. 1701 note; relating to Blocking Property of Persons Threatening the Peace, Security, or Stability of Yemen), as in effect on the day before the date of the enactment of this Act, shall remain in effect. (b) Rule of Construction.--Nothing in this section shall be construed to limit the authority of the President pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.). SEC. 5. DETERMINATIONS WITH RESPECT TO CERTAIN IRANIAN PERSONS. (a) Determinations.-- (1) In general.--The President shall, not later than 45 days after the date of the enactment of this Act, determine whether the Iranian persons listed in paragraph (2) are responsible for engaging in activities described in section 1 of Executive Order 13611 (50 U.S.C. 1701 note; relating to Blocking Property of Persons Threatening the Peace, Security, or Stability of Yemen). (2) Iranian persons listed.--The Iranian persons listed in this paragraph are the following: (A) Members of the Supreme National Security Council. (B) The Minister of Intelligence and Security. (C) The Commander of the Iran's Revolutionary Guard Corps. (D) The Commander of the Iran's Revolutionary Guard Corps, Qods Force. (E) The Minister of Defense. (F) Minister of Foreign Affairs. (G) Any other Iranian person that the President determines is appropriate. (3) Report.-- (A) In general.--The President shall submit to the appropriate congressional committees a report that contains-- (i) the determinations made under paragraph (1) together with the reasons for those determinations; and (ii) an identification of the Iranian persons that the President determines are responsible for engaging in activities described in section 1(c) of Executive Order 13611. (B) Form.--A report submitted under subparagraph (A) shall be submitted in unclassified form but may contain a classified annex. (b) Imposition of Sanctions.--The President shall impose the sanctions described in section 1 of Executive Order 13611 with respect to each Iranian person identified in the report submitted to the appropriate congressional committees under subsection (a)(3). (c) Definitions.--In this section: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Affairs, the Committee on Ways and Means, and the Committee on Financial Services of the House of Representatives; and (B) the Committee on Foreign Relations, the Committee on Finance, and the Committee on Banking, Housing, and Urban Affairs of the Senate. (2) Entity.--The term ``entity''-- (A) means a partnership, association, corporation, or other organization, group, or subgroup; and (B) includes a governmental entity. SEC. 6. SANCTIONS WITH RESPECT TO CERTAIN FOREIGN PERSONS. (a) In General.--Beginning on and after the date that is 120 days after the date of the enactment of this Act, the President shall impose the sanctions described in subsection (c) on a person described in subsection (b). (b) Persons Described.--A person described in this subsection is a foreign person that the President determines knowingly provides significant financial, material, or technological support for-- (1) Ansar Allah in Yemen; (2) a person designated pursuant to an applicable Executive order; (3) a person that the President determines is in violation of an applicable United Nations Security Council resolution; (4) an Iranian person identified in the report submitted to the appropriate congressional committees under section 5(a)(3); or (5) a foreign person owned or controlled by a foreign person described in paragraphs (1) through (4). (c) Imposition of Sanctions.--The sanctions to be imposed on a person described in subsection (b) are the following: (1) In general.--The President shall exercise all of the powers granted to the President under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the extent necessary to block and prohibit all transactions in property and interests in property of the person if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (2) Aliens ineligible for visas, admission, or parole.-- (A) In general.--An alien who the Secretary of State or the Secretary of Homeland Security determines is a foreign person described in subsection (b) is-- (i) inadmissible to the United States; (ii) ineligible to receive a visa or other documentation to enter the United States; and (iii) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.). (B) Current visas revoked.-- (i) In general.--Any visa or other documentation issued to an alien who is a foreign person described in subsection (b), regardless of when such visa or other documentation was issued, shall be revoked and such alien shall be denied admission to the United States. (ii) Effect of revocation.--A revocation under clause (i)-- (I) shall take effect immediately; and (II) shall automatically cancel any other valid visa or documentation that is in the possession of the alien who is the subject of such revocation. (3) Exception to comply with united nations headquarters agreement.--Sanctions under paragraph (2) shall not apply to an alien if admitting the alien into the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations. (4) Penalties.--The penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) shall apply to a person that knowingly violates, attempts to violate, conspires to violate, or causes a violation of regulations promulgated under subsection (f) to carry out paragraph (1) of this subsection to the same extent that such penalties apply to a person that commits an unlawful act described in section 206(a) of such Act. (d) Implementation Authority.--The President may exercise all authorities provided to the President under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) for purposes of carrying out this Act. (e) Regulatory Authority.--The President shall, not later than 120 days after the date of the enactment of this Act, promulgate regulations as necessary for the implementation of this Act. (f) Definitions.--In this section: (1) Admitted; alien.--The terms ``admitted'' and ``alien'' have meanings given those terms in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101). (2) Applicable executive order.--The term ``applicable Executive order'' means-- (A) Executive Order 13611 (50 U.S.C. 1701 note; relating to Blocking Property of Persons Threatening the Peace, Security, or Stability of Yemen); or (B) any Executive order adopted on or after the date of the enactment of this Act, to the extent that such Executive order authorizes the imposition of sanctions on persons for conduct with respect to Yemen. (3) Applicable united nations security council resolution.--The term ``applicable United Nations Security Council resolution'' means-- (A) United Nations Security Council Resolution 2216; or (B) any United Nations Security Council resolution adopted on or after the date of the enactment of this Act that authorizes the imposition of sanctions on persons for conduct with respect to Yemen. (4) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Affairs, the Committee on Ways and Means, the Committee on the Judiciary, and the Committee on Financial Services of the House of Representatives; and (B) the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, and the Committee on the Judiciary of the Senate. (5) Entity.--The term ``entity''-- (A) means a partnership, association, corporation, or other organization, group, or subgroup; and (B) includes a governmental entity. (6) Foreign person.--The term ``foreign person'' means-- (A) an individual who is not a United States person or an alien lawfully admitted for permanent residence into the United States; or (B) a corporation, partnership, or other entity which is not a United States person. (7) Person.--The term ``person'' means an individual or entity. (8) United states person.--The term ``United States person'' means a United States citizen, permanent resident alien, entity organized under the laws of the United States (including foreign branches), or a person in the United States. SEC. 7. REPORT ON IRANIAN ACTIVITIES IN YEMEN. (a) Report.--Not later than 60 days after the date of the enactment of this Act, and every 180 days thereafter for a period not to exceed 5 years, the President shall submit to the appropriate congressional committees a report on Iranian activities in Yemen. (b) Matters To Be Included.--The report required by subsection (a) shall include a description of the following: (1) Iran's support for certain Yemeni militias or political parties, including weapons, financing, training, and other forms of material support including media and communications support. (2) A list of referrals to the relevant United Nations Security Council sanctions committees by the United States Permanent Representative to the United Nations. (c) Form.--The President may submit the report required by subsection (a) in classified form if the President determines that it is necessary for the national security interests of the United States to do so. (d) Definition.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Foreign Affairs, the Committee on Armed Services, the Committee on Ways and Means, and the Committee on Financial Services of the House of Representatives; and (2) the Committee on Foreign Relations, the Committee on Armed Services, the Committee on Finance, and the Committee on Banking, Housing, and Urban Affairs of the Senate.

Summary: Houthis and Iran Sanctions Accountability Act of 2017 This bill continues certain sanctions blocking the property of persons threatening the peace or stability of Yemen. The President shall: determine and report to Congress whether certain Iranian persons are threatening Yemen's peace or stability, and if so, impose property blocking sanctions against each identified person; and impose property blocking and visa sanctions on foreign persons or entities that knowingly provide significant financial, material, or technological support for Ansar Allah in Yemen (also known as the Houthis) and certain other persons and entities.