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Kurt Faulhammer

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Everything posted by Kurt Faulhammer

  1. IN THE HOUSE OF REPRESENTATIVES OF THE UNITED STATES Mr. Faulhammer (for himself, Mr. Wicker, Ms. Heitkamp, Mr. Boozman, Mr. Barrasso, Mr. Crapo, Mr. Franken, Ms. Hirono, Ms. Klobuchar, Mr. Manchin, Mr. Risch, Mr. Schatz, Mr. Tester, Mr. Enzi, and Mrs.Capito) introduced the following bill; A BILL To amend the Federal Water Pollution Control Act to provide for technical assistance for small treatment works. SECTION 1. SHORT TITLE. This Act may be cited as the “Small and Rural Community Clean Water Technical Assistance Act”. SEC. 2. TECHNICAL ASSISTANCE FOR SMALL TREATMENT WORKS. (a) In General.—Title II of the Federal Water Pollution Control Act (33 U.S.C. 1281 et seq.) is amended by adding at the end the following: “SEC. 222. TECHNICAL ASSISTANCE FOR SMALL TREATMENT WORKS. “(a) Definitions.—In this section: “(1) QUALIFIED NONPROFIT SMALL TREATMENT WORKS TECHNICAL ASSISTANCE PROVIDER.—The term ‘qualified nonprofit small treatment works technical assistance provider’ means a nonprofit organization that, as determined by the Administrator— “(A) is qualified and experienced in providing training and technical assistance to small treatment works; and “(B) the small treatment works in the State finds to be the most beneficial and effective. “(2) SMALL TREATMENT WORKS.—The term ‘small treatment works’ means a publicly owned treatment works serving not more than 10,000 individuals. “(b) Technical Assistance.—The Administrator may use amounts made available to carry out this section to provide grants or cooperative agreements to qualified nonprofit small treatment works technical assistance providers to provide to owners and operators of small treatment works onsite technical assistance, circuit rider technical assistance programs, multi-State, regional technical assistance programs, and onsite and regional training, to assist the small treatment works in achieving compliance with this Act or obtaining financing under this Act for eligible projects. “(c) Authorization Of Appropriations.—There are authorized to be appropriated to carry out this section for grants for small treatment works technical assistance, $15,000,000 for each of fiscal years 2019 through 2023. “SEC. 223. TECHNICAL ASSISTANCE FOR MEDIUM TREATMENT WORKS. “(a) Definitions.—In this section: “(1) MEDIUM TREATMENT WORKS.—The term ‘medium treatment works’ means a publicly owned treatment works serving not fewer than 10,001, and not more than 75,000, individuals. “(2) QUALIFIED NONPROFIT MEDIUM TREATMENT WORKS TECHNICAL ASSISTANCE PROVIDER.—The term ‘qualified nonprofit medium treatment works technical assistance provider’ means a qualified nonprofit technical assistance provider of water and wastewater services to medium-sized communities that provides technical assistance (including circuit rider technical assistance programs, multi-State, regional assistance programs, and training and preliminary engineering evaluations) to owners and operators of medium treatment works, which may include a State agency. “(b) Technical Assistance.—The Administrator may use amounts made available to carry out this section to provide grants or cooperative agreements to qualified nonprofit medium treatment works technical assistance providers to provide to owners and operators of medium treatment works onsite technical assistance, circuit-rider technical assistance programs, multi-State, regional technical assistance programs, and onsite and regional training to assist medium treatment works that are facing difficulty in achieving compliance with this Act or obtaining financing under this Act for eligible projects. “(c) Authorization Of Appropriations.—There is authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2019 through 2023.”. (b) Water Pollution Control Revolving Loan Funds.— (1) IN GENERAL.—Section 603 of the Federal Water Pollution Control Act (33 U.S.C. 1383) is amended— (A) in subsection (d)— (i) in the matter preceding paragraph (1), by inserting “and as provided in subsection (e)” after “State law”; (ii) by redesignating subsections (e) through (i) as subsections (f) through (j), respectively; and (iii) by inserting after subsection (d) the following: “(e) Additional Use Of Funds.—A State may use an additional 2 percent of the funds annually allotted to the State under this section for qualified nonprofit small treatment works technical assistance providers (as the term is defined in section 222) and qualified nonprofit medium treatment works technical assistance providers (as the term in defined in section 223) to provide technical assistance to small treatment works (as the term is defined in section 222) and medium treatment works (as the term is defined in section 223) in the State.”. (2) CONFORMING AMENDMENT.—Section 221(d) of the Federal Water Pollution Control Act (33 U.S.C. 1301(d)) is amended by striking “section 603(h)” and inserting “section 603(i)”.
  2. Kurt Faulhammer

    Rural Hospital Access Act

    IN THE HOUSE OF REPRESENATIVES OF THE UNITED STATES Mr. Faulhammer (for himself, Mr. Reed, and Mr. Welch) introduced the following bill; A BILL To amend title XVIII of the Social Security Act to make permanent the extension of the Medicare-dependent hospital (MDH) program and the increased payments under the Medicare low-volume hospital program. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the “Rural Hospital Access Act”. SEC. 2. EXTENSION OF THE MEDICARE-DEPENDENT HOSPITAL (MDH) PROGRAM. (a) Extension Of Payment Methodology.—Section 1886(d)(5)(G) of the Social Security Act (42 U.S.C. 1395ww(d)(5)(G)) is amended— (1) in clause (i), by striking “, and before October 1, 2017”; and (2) in clause (ii)(II), by striking “, and before October 1, 2017”. (b) Conforming Amendments.— (1) EXTENSION OF TARGET AMOUNT.—Section 1886(b)(3)(D) of the Social Security Act (42 U.S.C. 1395ww(b)(3)(D)) is amended— (A) in the matter preceding clause (i), by striking “, and before October 1, 2017”; and (B) in clause (iv), by striking “through fiscal year 2017” and inserting “or a subsequent fiscal year”. (2) PERMITTING HOSPITALS TO DECLINE RECLASSIFICATION.—Section 13501(e)(2) of the Omnibus Budget Reconciliation Act of 1993 (42 U.S.C. 1395wwnote) is amended by striking “fiscal year 2000 through fiscal year 2017” and inserting “a subsequent fiscal year”. SEC. 3. EXTENSION OF THE INCREASED PAYMENTS UNDER THE MEDICARE LOW-VOLUME HOSPITAL PROGRAM. Section 1886(d)(12) of the Social Security Act (42 U.S.C. 1395ww(d)(12)) is amended— (1) in subparagraph (B)— (A) in the heading, by inserting “FOR FISCAL YEARS 2005 THROUGH 2010” after “INCREASE”; and (B) in the matter preceding clause (i), by striking “and for discharges occurring in fiscal year 2018 and subsequent fiscal years”; (2) in subparagraph (C)(i)— (A) by striking “fiscal years 2011 through 2017” each place it appears and inserting “fiscal year 2011 and each subsequent year”; and (B) by striking “or portion of fiscal year”; and (3) in subparagraph (D)— (A) in the heading, by striking “TEMPORARY APPLICABLE PERCENTAGE INCREASE” and inserting “APPLICABLE PERCENTAGE INCREASE BEGINNING WITH FISCAL YEAR 2011”; (B) by striking “fiscal years 2011 through 2017,” and inserting “fiscal year 2011 and each subsequent fiscal year”; and (C) by striking “or the portion of fiscal year” each place it appears.
  3. Kurt Faulhammer

    Ending the Fentanyl Crisis Act

    N THE HOUSE OF REPRESENTATIVES Mr. Faulhammer (For himself, Mr. Hill) introduced the following bill; A BILL To amend the Controlled Substances Act and the Controlled Substances Import and Export Act to modify the offenses relating to fentanyl, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the “Ending the Fentanyl Crisis Act”. SEC. 2. CONTROLLED SUBSTANCES ACT AMENDMENTS. Section 401(b)(1) of the Controlled Substances Act (21 U.S.C. 841(b)(1)) is amended— (1) in subparagraph (A)(vi)— (A) by striking “400” and inserting “20”; and (B) by striking “100” and inserting “5”; and (2) in subparagraph (B)(vi)— (A) by striking “40” and inserting “2”; and (B) by striking “10” and inserting “0.5”. SEC. 3. CONTROLLED SUBSTANCES IMPORT AND EXPORT ACT AMENDMENTS. Section 1010(b) of the Controlled Substances Import and Export Act (21 U.S.C. 960(b))— (1) in paragraph (1)(F)— (A) by striking “400” and inserting “20”; and (B) by striking “100” and inserting “5”; and (2) in paragraph (2)(F)— (A) by striking “40” and inserting “2”; and (B) by striking “10” and inserting “0.5”. SEC. 4. DIRECTIVE TO THE SENTENCING COMMISSION. (a) Definition.—In this section, the term the “Commission” means the United States Sentencing Commission. (b) Directive To The United States Sentencing Commission.—Pursuant to the authority of the Commission under section 994(p) of title 28, United States Code, and in accordance with this section, the Commission shall review and amend, if appropriate, the guidelines and policy statements of the Commission applicable to a person convicted of an offense under section 401 of the Controlled Substances Act (21 U.S.C. 841) or section 1010 of the Controlled Substances Import and Export Act (21 U.S.C. 960) to ensure that the guidelines and policy statements are consistent with the amendments made by sections 2 and 3 of this Act. (c) Emergency Authority.—The Commission shall— (1) promulgate the guidelines, policy statements, or amendments provided for in this Act as soon as practicable, and in any event not later than 120 days after the date of enactment of this Act, in accordance with the procedure set forth in section 21(a) of the Sentencing Act of 1987 (28 U.S.C. 994 note), as though the authority under that Act had not expired; and (2) pursuant to the emergency authority provided under paragraph (1), make such conforming amendments to the Federal sentencing guidelines as the Commission determines necessary to achieve consistency with other guideline provisions and applicable law. SEC. 5. INTERDICTION OF FENTANYL, OTHER SYNTHETIC OPIOIDS, AND OTHER NARCOTICS AND PSYCHOACTIVE SUBSTANCES. (a) Definitions.—In this section— (1) the term “chemical screening device” means an immunoassay, narcotics field test kit, infrared spectrophotometer, mass spectrometer, nuclear magnetic resonance spectrometer, Raman spec­tro­pho­to­me­ter, or other scientific instrumentation able to collect data that can be interpreted to determine the presence of fentanyl, other synthetic opioids, and other narcotics and psychoactive substances; (2) the term “express consignment operator or carrier” has the meaning given the term in section 128.1 of title 19, Code of Federal Regulations (or any successor regulation); and (3) the term “Postmaster General” means the Postmaster General of the United States Postal Service. (b) Interdiction Of Fentanyl, Other Synthetic Opioids, And Other Narcotics And Psychoactive Substances.— (1) CHEMICAL SCREENING DEVICES.—The Postmaster General shall— (A) increase the number of chemical screening devices that are available to the United States Postal Service; and (B) make additional chemical screening devices available to the United States Postal Service as the Postmaster General determines are necessary to interdict fentanyl, other synthetic opioids, and other narcotics and psychoactive substances that are illegally imported into the United States, including such substances that are imported through the mail or by an express consignment operator or carrier. (2) PERSONNEL TO INTERPRET DATA.—The Postmaster General shall dedicate the appropriate number of personnel of the United States Postal Service, including scientists, so that those personnel are available during all operational hours to interpret data collected by chemical screening devices. (c) Authorization Of Appropriations.—There is authorized to be appropriated to the Postmaster General $9,000,000 to ensure that the United States Postal Service has resources, including chemical screening devices, personnel, and scientists, available during all operational hours to prevent, detect, and interdict the unlawful importation of fentanyl, other synthetic opioids, and other narcotics and psychoactive substances.
  4. Kurt Faulhammer

    Armed Services Always Paid Act

    IN THE HOUSE OF REPRESENTATIVES Mr. Faulhammer (for himself, Mr. Gohmert Mr. Franks of Arizona, Mr. LaMalfa, Mr. Lamborn, Mr. King of Iowa, Mr. Cole, and Mr. Wittman) introduced the following bill; A BILL To amend title 37, United States Code, to provide for the continuance of pay and allowances for members of the Armed Forces, including reserve components thereof, during lapses in appropriations. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the “Armed Services Always Paid Act” or the “ASAP Act”. SEC. 2. CONTINUANCE OF MILITARY PAY AND ALLOWANCES DURING PERIODS OF LAPSED APPROPRIATIONS. (a) Continuance Of Pay.—Chapter 19 of title 37, United States Code, is amended by adding at the end the following new section: “§ 1016. Continuance of pay and allowances during periods of lapsed appropriations “(a) Definitions.—In this section: “(1) The term ‘military personnel accounts’ mean the military personnel, reserve personnel, and National Guard personnel accounts of the Department of Defense, generally title I of an annual Department of Defense appropriations Act, and the corresponding accounts for the Department of Homeland Security used to provide pay and allowances for members of the Coast Guard. “(2) The term ‘pay and allowances’ means basic pay, bonuses and special pay, allowances and any other forms of compensation available for members of the armed forces under this title or otherwise paid from the military personnel accounts. “(3) The term ‘period of lapsed appropriations’, when used with respect to members of the armed forces, means any period during which appropriations are not available due to the absence of the timely enactment of any Act or joint resolution (including any Act or joint resolution making continuing appropriations) appropriating funds for the payment of the pay and allowances of members of the armed forces. “(b) Appropriation Of Funds To Continue Payment Of Pay And Allowances.—For any period of lapsed appropriations, there are appropriated, out of any moneys in the Treasury not otherwise appropriated, to the Secretary of Defense (and the Secretary of Homeland Security in the case of the Coast Guard) to allow the Secretary of Defense (and the Secretary of Homeland Security in the case of the Coast Guard) to continue to provide pay and allowances (without interruption) to members of the United States armed forces. “(c) Limitation On Amounts Paid.—This section only authorizes the expenditure of funds during a period of lapsed appropriations for the pay and allowances of a member of the armed forces at a rate that is equal to the rate in effect for that member immediately before the start of the period of lapsed appropriations. The rate for a member may neither exceed the rate in effect immediately before the start of the period of lapsed appropriations nor be less than that rate, unless reduced by disciplinary action under the Uniform Code of Military Justice. “(d) Relation To Other Pay Authorities.—This section shall not be construed to affect the entitlement of a member of the armed forces to an amount of pay and allowances that exceeds the amount of pay and allowances authorized to be paid under this section and to which the member becomes entitled under other applicable provisions of law. “(e) Effect Of End Of Period Of Lapsed Appropriations.—Expenditures made for any fiscal year pursuant to this section shall be charged to the applicable appropriation, fund, or authorization whenever the regular appropriation bill (or other bill or joint resolution making continuing appropriations through the end of the fiscal year) becomes law.”. (b) Clerical Amendment.—The table of sections at the beginning of such chapter is amended by adding at the end the following new item: “1016. Continuance of pay and allowances during periods of lapsed appropriations.”.
  5. Mr. Faulhammer, for himself, introduced the following; A bill To amend title 38, United States Code, to improve the accountability of employees of the Department of Veterans Affairs, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``VA Accountability and Whistleblower Protection Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--OFFICE OF ACCOUNTABILITY AND WHISTLEBLOWER PROTECTION Sec. 101. Establishment of Office of Accountability and Whistleblower Protection. Sec. 102. Protection of whistleblowers in Department of Veterans Affairs. Sec. 103. Report on methods used to investigate employees of Department of Veterans Affairs. TITLE II--ACCOUNTABILITY OF SENIOR EXECUTIVES, SUPERVISORS, AND OTHER EMPLOYEES Sec. 201. Improved authorities of Secretary of Veterans Affairs to improve accountability of senior executives. Sec. 202. Improved authorities of Secretary of Veterans Affairs to improve accountability of employees. Sec. 203. Reduction of benefits for Department of Veterans Affairs employees convicted of certain crimes. Sec. 204. Authority to recoup bonuses or awards paid to employees of Department of Veterans Affairs. Sec. 205. Authority to recoup relocation expenses paid to or on behalf of employees of Department of Veterans Affairs. Sec. 206. Time period for response to notice of adverse actions against supervisory employees who commit prohibited personnel actions. Sec. 207. Direct hiring authority for medical center directors and VISN directors. Sec. 208. Time periods for review of adverse actions with respect to certain employees. Sec. 209. Improvement of training for supervisors. Sec. 210. Assessment and report on effect on senior executives at Department of Veterans Affairs. Sec. 211. Measurement of Department of Veterans Affairs disciplinary process outcomes and effectiveness. TITLE I--OFFICE OF ACCOUNTABILITY AND WHISTLEBLOWER PROTECTION SEC. 101. ESTABLISHMENT OF OFFICE OF ACCOUNTABILITY AND WHISTLEBLOWER PROTECTION. (a) In General.--Chapter 3 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 323. Office of Accountability and Whistleblower Protection ``(a) Establishment.--There is established in the Department an office to be known as the `Office of Accountability and Whistleblower Protection' (in this section referred to as the `Office'). ``(b) Head of Office.--(1) The head of the Office shall be responsible for the functions of the Office and shall be appointed by the President pursuant to section 308(a) of this title. ``(2) The head of the Office shall be known as the `Assistant Secretary for Accountability and Whistleblower Protection'. ``(3) The Assistant Secretary shall report directly to the Secretary on all matters relating to the Office. ``(4) Notwithstanding section 308(b) of this title, the Secretary may only assign to the Assistant Secretary responsibilities relating to the functions of the Office set forth in subsection (c). ``(c) Functions.--(1) The functions of the Office are as follows: ``(A) Advising the Secretary on all matters of the Department relating to accountability, including accountability of employees of the Department, retaliation against whistleblowers, and such matters as the Secretary considers similar and affect public trust in the Department. ``(B) Issuing reports and providing recommendations related to the duties described in subparagraph (A). ``(C) Receiving whistleblower disclosures. ``(D) Referring whistleblower disclosures received under subparagraph (C) for investigation to the Office of the Medical Inspector, the Office of Inspector General, or other investigative entity, as appropriate, if the Assistant Secretary has reason to believe the whistleblower disclosure is evidence of a violation of a provision of law, mismanagement, gross waste of funds, abuse of authority, or a substantial and specific danger to public health or safety. ``(E) Receiving and referring disclosures from the Special Counsel for investigation to the Medical Inspector of the Department, the Inspector General of the Department, or such other person with investigatory authority, as the Assistant Secretary considers appropriate. ``(F) Recording, tracking, reviewing, and confirming implementation of recommendations from audits and investigations carried out by the Inspector General of the Department, the Medical Inspector of the Department, the Special Counsel, and the Comptroller General of the United States, including the imposition of disciplinary actions and other corrective actions contained in such recommendations. ``(G) Analyzing data from the Office and the Office of Inspector General telephone hotlines, other whistleblower disclosures, disaggregated by facility and area of health care if appropriate, and relevant audits and investigations to identify trends and issue reports to the Secretary based on analysis conducted under this subparagraph. ``(H) Receiving, reviewing, and investigating allegations of misconduct, retaliation, or poor performance involving-- ``(i) an individual in a senior executive position (as defined in section 713(d) of this title) in the Department; ``(ii) an individual employed in a confidential, policy- making, policy-determining, or policy-advocating position in the Department; or ``(iii) a supervisory employee, if the allegation involves retaliation against an employee for making a whistleblower disclosure. ``(I) Making such recommendations to the Secretary for disciplinary action as the Assistant Secretary considers appropriate after substantiating any allegation of misconduct or poor performance pursuant to an investigation carried out as described in subparagraph (F) or (H). ``(2) In carrying out the functions of the Office, the Assistant Secretary shall ensure that the Office maintains a toll-free telephone number and Internet website to receive anonymous whistleblower disclosures. ``(3) In any case in which the Assistant Secretary receives a whistleblower disclosure from an employee of the Department under paragraph (1)(C), the Assistant Secretary may not disclose the identity of the employee without the consent of the employee, except in accordance with the provisions of section 552a of title 5, or as required by any other applicable provision of Federal law. ``(d) Staff and Resources.--The Secretary shall ensure that the Assistant Secretary has such staff, resources, and access to information as may be necessary to carry out the functions of the Office. ``(e) Relation to Office of General Counsel.--The Office shall not be established as an element of the Office of the General Counsel and the Assistant Secretary may not report to the General Counsel. ``(f) Reports.--(1)(A) Not later than June 30 of each calendar year, beginning with June 30, 2017, the Assistant Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the activities of the Office during the calendar year in which the report is submitted. ``(B) Each report submitted under subparagraph (A) shall include, for the period covered by the report, the following: ``(i) A full and substantive analysis of the activities of the Office, including such statistical information as the Assistant Secretary considers appropriate. ``(ii) Identification of any issues reported to the Secretary under subsection (c)(1)(G), including such data as the Assistant Secretary considers relevant to such issues and any trends the Assistant Secretary may have identified with respect to such issues. ``(iii) Identification of such concerns as the Assistant Secretary may have regarding the size, staffing, and resources of the Office and such recommendations as the Assistant Secretary may have for legislative or administrative action to address such concerns. ``(iv) Such recommendations as the Assistant Secretary may have for legislative or administrative action to improve-- ``(I) the process by which concerns are reported to the Office; and ``(II) the protection of whistleblowers within the Department. ``(v) Such other matters as the Assistant Secretary considers appropriate regarding the functions of the Office or other matters relating to the Office. ``(2) If the Secretary receives a recommendation for disciplinary action under subsection (c)(1)(I) and does not take or initiate the recommended disciplinary action before the date that is 60 days after the date on which the Secretary received the recommendation, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a detailed justification for not taking or initiating such disciplinary action. ``(g) Definitions.--In this section: ``(1) The term `supervisory employee' means an employee of the Department who is a supervisor as defined in section 7103(a) of title 5. ``(2) The term `whistleblower' means one who makes a whistleblower disclosure. ``(3) The term `whistleblower disclosure' means any disclosure of information by an employee of the Department or individual applying to become an employee of the Department which the employee or individual reasonably believes evidences-- ``(A) a violation of a law, rule, or regulation; or ``(B) gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety.''. (b) Conforming Amendment.--Section 308(b) of such title is amended by adding at the end the following new paragraph: ``(12) The functions set forth in section 323(c) of this title.''. (c) Clerical Amendment.--The table of sections at the beginning of chapter 3 of such title is amended by adding at the end the following new item: ``323. Office of Accountability and Whistleblower Protection.''. SEC. 102. PROTECTION OF WHISTLEBLOWERS IN DEPARTMENT OF VETERANS AFFAIRS. (a) In General.--Subchapter II of chapter 7 of title 38, United States Code, is amended by-- (1) striking sections 731, 732, 734, 735, and 736; (2) by redesignating section 733 as section 731; and (3) by adding at the end the following new sections: ``Sec. 732. Protection of whistleblowers as criteria in evaluation of supervisors ``(a) Development and Use of Criteria Required.--The Secretary, in consultation with the Assistant Secretary of Accountability and Whistleblower Protection, shall develop criteria that-- ``(1) the Secretary shall use as a critical element in any evaluation of the performance of a supervisory employee; and ``(2) promotes the protection of whistleblowers. ``(b) Principles for Protection of Whistleblowers.--The criteria required by subsection (a) shall include principles for the protection of whistleblowers, such as the degree to which supervisory employees respond constructively when employees of the Department report concerns, take responsible action to resolve such concerns, and foster an environment in which employees of the Department feel comfortable reporting concerns to supervisory employees or to the appropriate authorities. ``(c) Supervisory Employee and Whistleblower Defined.--In this section, the terms `supervisory employee' and `whistleblower' have the meanings given such terms in section 323 of this title. ``Sec. 733. Training regarding whistleblower disclosures ``(a) Training.--Not less frequently than once every two years, the Secretary, in coordination with the Whistleblower Protection Ombudsman designated under section 3(d)(1)(C) of the Inspector General Act of 1978 (5 U.S.C. App.), shall provide to each employee of the Department training regarding whistleblower disclosures, including-- ``(1) an explanation of each method established by law in which an employee may file a whistleblower disclosure; ``(2) the right of the employee to petition Congress regarding a whistleblower disclosure in accordance with section 7211 of title 5; ``(3) an explanation that the employee may not be prosecuted or reprised against for disclosing information to Congress, the Inspector General, or another investigatory agency in instances where such disclosure is permitted by law, including under sections 5701, 5705, and 7732 of this title, under section 552a of title 5 (commonly referred to as the Privacy Act), under chapter 93 of title 18, and pursuant to regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191); ``(4) an explanation of the language that is required to be included in all nondisclosure policies, forms, and agreements pursuant to section 115(a)(1) of the Whistleblower Protection Enhancement Act of 2012 (5 U.S.C. 2302 note); and ``(5) the right of contractors to be protected from reprisal for the disclosure of certain information under section 4705 or 4712 of title 41. ``(b) Manner Training Is Provided.--The Secretary shall ensure, to the maximum extent practicable, that training provided under subsection (a) is provided in person. ``(c) Certification.--Not less frequently than once every two years, the Secretary shall provide training on merit system protection in a manner that the Special Counsel certifies as being satisfactory. ``(d) Publication.--The Secretary shall publish on the Internet website of the Department, and display prominently at each facility of the Department, the rights of an employee to make a whistleblower disclosure, including the information described in paragraphs (1) through (5) of subsection (a). ``(e) Whistleblower Disclosure Defined.--In this section, the term `whistleblower disclosure' has the meaning given such term in section 323 of this title.''. (b) Clerical Amendments.--The table of sections at the beginning of such chapter is amended-- (1) by striking the items relating to sections 731 through 736; and (2) by adding at the end the following new items: ``731. Adverse actions against supervisory employees who commit prohibited personnel actions relating to whistleblower complaints. ``732. Protection of whistleblowers as criteria in evaluation of supervisors. ``733. Training regarding whistleblower disclosures.''. (c) Conforming Amendments.--Section 731 of such title, as redesignated by subsection (a)(2), is amended-- (1) in subsection (c)-- (A) in paragraph (1)-- (i) by striking subparagraphs (A) and (B) and inserting the following: ``(A) making a whistleblower disclosure to the Assistant Secretary for Accountability and Whistleblower Protection, the Inspector General of the Department, the Special Counsel, or Congress;''; and (ii) by redesignating subparagraphs (C) through (F) as subparagraphs (B) through (E), respectively; and (iii) in subparagraph (B), as redesignated by clause (ii), by striking ``complaint in accordance with section 732 or with'' and inserting ``disclosure made to the Assistant Secretary for Accountability and Whistleblower Protection,''; and (B) in paragraph (2), by striking ``through (F)'' and inserting ``through (E)''; and (2) by adding at the end the following new subsection: ``(d) Whistleblower Disclosure Defined.--In this section, the term `whistleblower disclosure' has the meaning given such term in section 323(g) of this title.''. SEC. 103. REPORT ON METHODS USED TO INVESTIGATE EMPLOYEES OF DEPARTMENT OF VETERANS AFFAIRS. (a) Report Required.--Not later than 540 days after the date of the enactment of this Act, the Assistant Secretary for Accountability and Whistleblower Protection shall submit to the Secretary of Veterans Affairs, the Committee on Veterans' Affairs of the Senate, and the Committee on Veterans' Affairs of the House of Representatives a report on methods used to investigate employees of the Department of Veterans Affairs and whether such methods are used to retaliate against whistleblowers. (b) Contents.--The report required by subsection (a) shall include the following: (1) An assessment of the use of administrative investigation boards, peer review, searches of medical records, and other methods for investigating employees of the Department. (2) A determination of whether and to what degree the methods described in paragraph (1) are being used to retaliate against whistleblowers. (3) Recommendations for legislative or administrative action to implement safeguards to prevent the retaliation described in paragraph (2). (c) Whistleblower Defined.--In this section, the term ``whistleblower'' has the meaning given such term in section 323 of title 38, United States Code, as added by section 101. TITLE II--ACCOUNTABILITY OF SENIOR EXECUTIVES, SUPERVISORS, AND OTHER EMPLOYEES SEC. 201. IMPROVED AUTHORITIES OF SECRETARY OF VETERANS AFFAIRS TO IMPROVE ACCOUNTABILITY OF SENIOR EXECUTIVES. (a) In General.--Section 713 of title 38, United States Code, is amended to read as follows: ``Sec. 713. Senior executives: removal, demotion, or suspension based on performance or misconduct ``(a) Authority.--(1) The Secretary may, as provided in this section, reprimand or suspend, involuntarily reassign, demote, or remove a covered individual from a senior executive position at the Department if the Secretary determines that the misconduct or performance of the covered individual warrants such action. ``(2) If the Secretary so removes such an individual, the Secretary may remove the individual from the civil service (as defined in section 2101 of title 5). ``(b) Rights and Procedures.--(1) A covered individual who is the subject of an action under subsection (a) is entitled to-- ``(A) advance notice of the action and a file containing all evidence in support of the proposed action; ``(B) be represented by an attorney or other representative of the covered individual's choice; and ``(C) grieve the action in accordance with an internal grievance process that the Secretary, in consultation with the Assistant Secretary for Accountability and Whistleblower Protection, shall establish for purposes of this subsection. ``(2)(A) The aggregate period for notice, response, and decision on an action under subsection (a) may not exceed 15 business days. ``(B) The period for the response of a covered individual to a notice under paragraph (1)(A) of an action under subsection (a) shall be 7 business days. ``(C) A decision under this paragraph on an action under subsection (a) shall be issued not later than 15 business days after notice of the action is provided to the covered individual under paragraph (1)(A). The decision shall be in writing, and shall include the specific reasons therefor. ``(3) The Secretary shall ensure that the grievance process established under paragraph (1)(C) takes fewer than 21 days. ``(4) A decision under paragraph (2) that is not grieved, and a grievance decision under paragraph (3), shall be final and conclusive. ``(5) A covered individual adversely affected by a decision under paragraph (2) that is not grieved, or by a grievance decision under paragraph (3), may obtain judicial review of such decision. ``(6) In any case in which judicial review is sought under paragraph (5), the court shall review the record and may set aside any Department action found to be-- ``(A) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with a provision of law; ``(B) obtained without procedures required by a provision of law having been followed; or ``(C) unsupported by substantial evidence. ``(c) Relation to Other Provisions of Law.--Section 3592(b)(1) of title 5 and the procedures under section 7543(b) of such title do not apply to an action under subsection (a). ``(d) Definitions.--In this section: ``(1) The term `covered individual' means-- ``(A) a career appointee (as that term is defined in section 3132(a)(4) of title 5); or ``(B) any individual who occupies an administrative or executive position and who was appointed under section 7306(a), section 7401(1), or section 7401(4) of this title. ``(2) The term `misconduct' includes neglect of duty, malfeasance, or failure to accept a directed reassignment or to accompany a position in a transfer of function. ``(3) The term `senior executive position' means-- ``(A) with respect to a career appointee (as that term is defined in section 3132(a) of title 5), a Senior Executive Service position (as such term is defined in such section); and ``(B) with respect to a covered individual appointed under section 7306(a) or section 7401(1) of this title, an administrative or executive position.''. (b) Conforming Amendment.--Section 7461(c)(1) of such title is amended by inserting ``employees in senior executive positions (as defined in section 713(d) of this title) and'' before ``interns''. (c) Clerical Amendment.--The table of sections at the beginning of chapter 7 of such title is amended by striking the item relating to section 713 and inserting the following new item: ``713. Senior executives: removal, demotion, or suspension based on performance or misconduct.''. SEC. 202. IMPROVED AUTHORITIES OF SECRETARY OF VETERANS AFFAIRS TO IMPROVE ACCOUNTABILITY OF EMPLOYEES. (a) In General.--Subchapter I of chapter 7 of title 38, United States Code, is amended by inserting after section 713 the following new section: ``Sec. 714. Employees: removal, demotion, or suspension based on performance or misconduct ``(a) In General.--(1) The Secretary may remove, demote, or suspend a covered individual who is an employee of the Department if the Secretary determines the performance or misconduct of the covered individual warrants such removal, demotion, or suspension. ``(2) If the Secretary so removes, demotes, or suspends such a covered individual, the Secretary may-- ``(A) remove the covered individual from the civil service (as defined in section 2101 of title 5); ``(B) demote the covered individual by means of a reduction in grade for which the covered individual is qualified, that the Secretary determines is appropriate, and that reduces the annual rate of pay of the covered individual; or ``(C) suspend the covered individual. ``(b) Pay of Certain Demoted Individuals.--(1) Notwithstanding any other provision of law, any covered individual subject to a demotion under subsection (a)(2) shall, beginning on the date of such demotion, receive the annual rate of pay applicable to such grade. ``(2)(A) A covered individual so demoted may not be placed on administrative leave during the period during which an appeal (if any) under this section is ongoing, and may only receive pay if the covered individual reports for duty or is approved to use accrued unused annual, sick, family medical, military, or court leave. ``(B) If a covered individual so demoted does not report for duty or receive approval to use accrued unused leave, such covered individual shall not receive pay or other benefits pursuant to subsection (d)(5). ``(c) Procedure.--(1)(A) The aggregate period for notice, response, and final decision in a removal, demotion, or suspension under this section may not exceed 15 business days. ``(B) The period for the response of a covered individual to a notice of a proposed removal, demotion, or suspension under this section shall be 7 business days. ``(C) Paragraph (3) of subsection (b) of section 7513 of title 5 shall apply with respect to a removal, demotion, or suspension under this section. ``(D) The procedures in this subsection shall supersede any collective bargaining agreement to the extent that such agreement is inconsistent with such procedures. ``(2) The Secretary shall issue a final decision with respect to a removal, demotion, or suspension under this section not later than 15 business days after the Secretary provides notice, including a file containing all the evidence in support of the proposed action, to the covered individual of the removal, demotion, or suspension. The decision shall be in writing and shall include the specific reasons therefor. ``(3) The procedures under chapter 43 of title 5 shall not apply to a removal, demotion, or suspension under this section. ``(4)(A) Subject to subparagraph (B) and subsection (d), any removal or demotion under this section, and any suspension of more than 14 days under this section, may be appealed to the Merit Systems Protection Board, which shall refer such appeal to an administrative judge pursuant to section 7701(b)(1) of title 5. ``(B) An appeal under subparagraph (A) of a removal, demotion, or suspension may only be made if such appeal is made not later than 10 business days after the date of such removal, demotion, or suspension. ``(d) Expedited Review.--(1) Upon receipt of an appeal under subsection (c)(4)(A), the administrative judge shall expedite any such appeal under section 7701(b)(1) of title 5 and, in any such case, shall issue a final and complete decision not later than 180 days after the date of the appeal. ``(2)(A) Notwithstanding section 7701(c)(1)(B) of title 5, the administrative judge shall uphold the decision of the Secretary to remove, demote, or suspend an employee under subsection (a) if the decision is supported by substantial evidence. ``(B) Notwithstanding title 5 or any other provision of law, if the decision of the Secretary is supported by substantial evidence, the administrative judge shall not mitigate the penalty prescribed by the Secretary. ``(3)(A) The decision of the administrative judge under paragraph (1) may be appealed to the Merit Systems Protection Board. ``(B) Notwithstanding section 7701(c)(1)(B) of title 5, the Merit Systems Protection Board shall uphold the decision of the Secretary to remove, demote, or suspend an employee under subsection (a) if the decision is supported by substantial evidence. ``(C) Notwithstanding title 5 or any other provision of law, if the decision of the Secretary is supported by substantial evidence, the Merit Systems Protection Board shall not mitigate the penalty prescribed by the Secretary. ``(4) In any case in which the administrative judge cannot issue a decision in accordance with the 180-day requirement under paragraph (1), the Merit Systems Protection Board shall, not later than 14 business days after the expiration of the 180-day period, submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report that explains the reasons why a decision was not issued in accordance with such requirement. ``(5)(A) A decision of the Merit Systems Protection Board under paragraph (3) may be appealed to the United States Court of Appeals for the Federal Circuit pursuant to section 7703 of title 5 or to any court of appeals of competent jurisdiction pursuant to subsection (b)(1)(B) of such section. ``(B) Any decision by such Court shall be in compliance with section 7462(f)(2) of this title. ``(6) The Merit Systems Protection Board may not stay any removal or demotion under this section, except as provided in section 1214(b) of title 5. ``(7) During the period beginning on the date on which a covered individual appeals a removal from the civil service under subsection (c) and ending on the date that the United States Court of Appeals for the Federal Circuit issues a final decision on such appeal, such covered individual may not receive any pay, awards, bonuses, incentives, allowances, differentials, student loan repayments, special payments, or benefits related to the employment of the individual by the Department. ``(8) To the maximum extent practicable, the Secretary shall provide to the Merit Systems Protection Board such information and assistance as may be necessary to ensure an appeal under this subsection is expedited. ``(9) If an employee prevails on appeal under this section, the employee shall be entitled to backpay (as provided in section 5596 of title 5). ``(10) If an employee who is subject to a collective bargaining agreement chooses to grieve an action taken under this section through a grievance procedure provided under the collective bargaining agreement, the timelines and procedures set forth in subsection (c) and this subsection shall apply. ``(e) Whistleblower Protection.--(1) In the case of a covered individual seeking corrective action (or on behalf of whom corrective action is sought) from the Office of Special Counsel based on an alleged prohibited personnel practice described in section 2302(b) of title 5, the Secretary may not remove, demote, or suspend such covered individual under subsection (a) without the approval of the Special Counsel under section 1214(f) of title 5. ``(2) In the case of a covered individual who has made a whistleblower disclosure to the Assistant Secretary for Accountability and Whistleblower Protection, the Secretary may not remove, demote, or suspend such covered individual under subsection (a) until-- ``(A) in the case in which the Assistant Secretary determines to refer the whistleblower disclosure under section 323(c)(1)(D) of this title to an office or other investigative entity, a final decision with respect to the whistleblower disclosure has been made by such office or other investigative entity; or ``(B) in the case in which the Assistant Secretary determines not to the refer the whistleblower disclosure under such section, the Assistant Secretary makes such determination. ``(f) Termination of Investigations by Office of Special Counsel.-- (1) Notwithstanding any other provision of law, the Special Counsel (established by section 1211 of title 5) may terminate an investigation of a prohibited personnel practice alleged by an employee or former employee of the Department after the Special Counsel provides to the employee or former employee a written statement of the reasons for the termination of the investigation. ``(2) Such statement may not be admissible as evidence in any judicial or administrative proceeding without the consent of such employee or former employee. ``(g) Vacancies.--In the case of a covered individual who is removed or demoted under subsection (a), to the maximum extent feasible, the Secretary shall fill the vacancy arising as a result of such removal or demotion. ``(h) Definitions.--In this section: ``(1) The term `covered individual' means an individual occupying a position at the Department, but does not include-- ``(A) an individual occupying a senior executive position (as defined in section 713(d) of this title); ``(B) an individual appointed pursuant to sections 7306, 7401(1), 7401(4), or 7405 of this title; ``(C) an individual who has not completed a probationary or trial period; or ``(D) a political appointee. ``(2) The term `suspend' means the placing of an employee, for disciplinary reasons, in a temporary status without duties and pay for a period in excess of 14 days. ``(3) The term `grade' has the meaning given such term in section 7511(a) of title 5. ``(4) The term `misconduct' includes neglect of duty, malfeasance, or failure to accept a directed reassignment or to accompany a position in a transfer of function. ``(5) The term `political appointee' means an individual who is-- ``(A) employed in a position described under sections 5312 through 5316 of title 5 (relating to the Executive Schedule); ``(B) a limited term appointee, limited emergency appointee, or noncareer appointee in the Senior Executive Service, as defined under paragraphs (5), (6), and (7), respectively, of section 3132(a) of title 5; or ``(C) employed in a position of a confidential or policy- determining character under schedule C of subpart C of part 213 of title 5, Code of Federal Regulations, or successor regulation. ``(6) The term `whistleblower disclosure' has the meaning given such term in section 323(g) of this title.''. (b) Clerical and Conforming Amendments.-- (1) Clerical.--The table of sections at the beginning of chapter 7 of such title is amended by inserting after the item relating to section 713 the following new item: ``714. Employees: removal, demotion, or suspension based on performance or misconduct.''. (2) Conforming.--Section 4303(f) of title 5, United States Code, is amended-- (A) in paragraph (2), by striking ``or'' at the end; (B) in paragraph (3), by striking the period at the end and inserting ``, or''; and (C) by adding at the end the following: ``(4) any removal or demotion under section 714 of title 38.''. SEC. 203. REDUCTION OF BENEFITS FOR DEPARTMENT OF VETERANS AFFAIRS EMPLOYEES CONVICTED OF CERTAIN CRIMES. (a) Reduction of Benefits.-- (1) In general.--Subchapter I of chapter 7 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 719. Reduction of benefits of employees convicted of certain crimes ``(a) Reduction of Annuity for Removed Employee.--(1) The Secretary shall order that the covered service of an employee of the Department removed from a position for performance or misconduct under section 713, 714, or 7461 of this title or any other provision of law shall not be taken into account for purposes of calculating an annuity with respect to such individual under chapter 83 or chapter 84 of title 5, if-- ``(A) the Secretary determines that the individual is convicted of a felony (and the conviction is final) that influenced the individual's performance while employed in the position; and ``(B) before such order is made, the individual is afforded-- ``(i) notice of the proposed order; and ``(ii) an opportunity to respond to the proposed order by not later than ten business days following receipt of such notice; and ``(C) the Secretary issues the order-- ``(i) in the case of a proposed order to which an individual responds under subparagraph (B)(ii), not later than five business days after receiving the response of the individual; or ``(ii) in the case of a proposed order to which an individual does not respond, not later than 15 business days after the Secretary provides notice to the individual under subparagraph (B)(i). ``(2) Any individual with respect to whom an annuity is reduced under this subsection may appeal the reduction to the Director of the Office of Personnel Management pursuant to such regulations as the Director may prescribe for purposes of this subsection. ``(b) Reduction of Annuity for Retired Employee.--(1) The Secretary may order that the covered service of an individual who the Secretary proposes to remove for performance or misconduct under section 713, 714, or 7461 of this title or any other provision of law but who leaves employment at the Department prior to the issuance of a final decision with respect to such action shall not be taken into account for purposes of calculating an annuity with respect to such individual under chapter 83 or chapter 84 of title 5, if-- ``(A) the Secretary determines that individual is convicted of a felony (and the conviction is final) that influenced the individual's performance while employed in the position; and ``(B) before such order is made, the individual is afforded-- ``(i) notice of the proposed order; ``(ii) opportunity to respond to the proposed order by not later than ten business days following receipt of such notice; and ``(C) the Secretary issues the order-- ``(i) in the case of a proposed order to which an individual responds under subparagraph (B)(ii), not later than five business days after receiving the response of the individual; or ``(ii) in the case of a proposed order to which an individual does not respond, not later than 15 business days after the Secretary provides notice to the individual under subparagraph (B)(i). ``(2) Upon the issuance of an order by the Secretary under paragraph (1), the individual shall have an opportunity to appeal the order to the Director of the Office of Personnel Management before the date that is seven business days after the date of such issuance. ``(3) The Director of the Office of Personnel Management shall make a final decision with respect to an appeal under paragraph (2) within 30 business days of receiving the appeal. ``(c) Administrative Requirements.--Not later than 37 business days after the Secretary issues a final order under subsection (a) or (b) with respect to an individual, the Director of the Office of Personnel Management shall recalculate the annuity of the individual. ``(d) Lump-Sum Annuity Credit.--Any individual with respect to whom an annuity is reduced under subsection (a) or (b) shall be entitled to be paid so much of such individual's lump-sum credit as is attributable to the period of covered service. ``(e) Spouse or Children Exception.--(1) The Secretary, in consultation with the Director of the Office of Personnel Management, shall prescribe regulations that may provide for the payment to the spouse or children of any individual referred to in subsection (a) or (b) of any amounts which (but for this subsection) would otherwise have been nonpayable by reason of such subsections. ``(2) Regulations prescribed under paragraph (1) shall be consistent with the requirements of section 8332(o)(5) and 8411(l)(5) of title 5, as the case may be. ``(f) Definitions.--In this section: ``(1) The term `covered service' means, with respect to an individual subject to a removal for performance or misconduct under section 719 or 7461 of this title or any other provision of law, the period of service beginning on the date that the Secretary determines under such applicable provision that the individual engaged in activity that gave rise to such action and ending on the date that the individual is removed from or leaves a position of employment at the Department prior to the issuance of a final decision with respect to such action. ``(2) The term `lump-sum credit' has the meaning given such term in section 8331(8) or section 8401(19) of title 5, as the case may be. ``(3) The term `service' has the meaning given such term in section 8331(12) or section 8401(26) of title 5, as the case may be.''. (2) Clerical amendment.--The table of sections at the beginning of chapter 7 of such title is amended by inserting after the item relating to section 717 the following new item: ``719. Reduction of benefits of employees convicted of certain crimes.''. (b) Application.--Section 719 of title 38, United States Code, as added by subsection (a)(1), shall apply to any action of removal of an employee of the Department of Veterans Affairs under section 719 or 7461 of such title or any other provision of law, commencing on or after the date of the enactment of this Act. SEC. 204. AUTHORITY TO RECOUP BONUSES OR AWARDS PAID TO EMPLOYEES OF DEPARTMENT OF VETERANS AFFAIRS. (a) In General.--Subchapter I of chapter 7 of title 38, United States Code, as amended by section 203, is further amended by adding at the end the following new section: ``Sec. 721. Recoupment of bonuses or awards paid to employees of Department ``(a) In General.--Notwithstanding any other provision of law, the Secretary may issue an order directing an employee of the Department to repay the amount, or a portion of the amount, of any award or bonus paid to the employee under title 5, including under chapters 45 or 53 of such title, or this title if-- ``(1) the Secretary determines that the individual engaged in misconduct or poor performance prior to payment of the award or bonus, and that such award or bonus would not have been paid, in whole or in part, had the misconduct or poor performance been known prior to payment; and ``(2) before such repayment, the employee is afforded-- ``(A) notice of the proposed order; and ``(B) an opportunity to respond to the proposed order by not later than 10 business days after the receipt of such notice; and ``(3) the Secretary issues the order-- ``(A) in the case of a proposed order to which an individual responds under paragraph (2)(B), not later than five business days after receiving the response of the individual; or ``(B) in the case of a proposed order to which an individual does not respond, not later than 15 business days after the Secretary provides notice to the individual under paragraph (2)(A). ``(b) Appeal of Order of Secretary.--(1) Upon the issuance of an order by the Secretary under subsection (a) with respect to an individual, the individual shall have an opportunity to appeal the order to the Director of the Office of Personnel Management before the date that is seven business days after the date of such issuance. ``(2) The Director shall make a final decision with respect to an appeal under paragraph (1) within 30 business days after receiving such appeal.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter, as amended by section 203(a)(2), is further amended by inserting after the item relating to section 719 the following new item: ``721. Recoupment of bonuses or awards paid to employees of Department.''. (c) Effective Date.--Section 721 of title 38, United States Code, as added by subsection (a), shall apply with respect to an award or bonus paid by the Secretary of Veterans Affairs to an employee of the Department of Veterans Affairs on or after the date of the enactment of this Act. (d) Construction.--Nothing in this Act or the amendments made by this Act may be construed to modify the certification issued by the Office of Personnel Management and the Office of Management and Budget regarding the performance appraisal system of the Senior Executive Service of the Department of Veterans Affairs. SEC. 205. AUTHORITY TO RECOUP RELOCATION EXPENSES PAID TO OR ON BEHALF OF EMPLOYEES OF DEPARTMENT OF VETERANS AFFAIRS. (a) In General.--Subchapter I of chapter 7 of title 38, United States Code, as amended by section 204, is further amended by adding at the end the following new section: ``Sec. 723. Recoupment of relocation expenses paid on behalf of employees of Department ``(a) In General.--Notwithstanding any other provision of law, the Secretary may issue an order directing an employee of the Department to repay the amount, or a portion of the amount, paid to or on behalf of the employee under title 5 for relocation expenses, including any expenses under section 5724 or 5724a of such title, or this title if-- ``(1) the Secretary determines that relocation expenses were paid following an act of fraud or malfeasance that influenced the authorization of the relocation expenses; ``(2) before such repayment, the employee is afforded-- ``(A) notice of the proposed order; and ``(B) an opportunity to respond to the proposed order not later than ten business days following the receipt of such notice; and ``(3) the Secretary issues the order-- ``(A) in the case of a proposed order to which an individual responds under paragraph (2)(B), not later than five business days after receiving the response of the individual; or ``(B) in the case of a proposed order to which an individual does not respond, not later than 15 business days after the Secretary provides notice to the individual under paragraph (2)(A). ``(b) Appeal of Order of Secretary.--(1) Upon the issuance of an order by the Secretary under subsection (a) with respect to an individual, the individual shall have an opportunity to appeal the order to the Director of the Office of Personnel Management before the date that is seven business days after the date of such issuance. ``(2) The Director shall make a final decision with respect to an appeal under paragraph (1) within 30 days after receiving such appeal.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is further amended by inserting after the item relating to section 721, as added by section 204(b), the following new item: ``723. Recoupment of relocation expenses paid on behalf of employees of Department.''. (c) Effective Date.--Section 723 of title 38, United States Code, as added by subsection (a), shall apply with respect to an amount paid by the Secretary of Veterans Affairs to or on behalf of an employee of the Department of Veterans Affairs for relocation expenses on or after the date of the enactment of this Act. SEC. 206. TIME PERIOD FOR RESPONSE TO NOTICE OF ADVERSE ACTIONS AGAINST SUPERVISORY EMPLOYEES WHO COMMIT PROHIBITED PERSONNEL ACTIONS. Section 731(a)(2)(B) of title 38, United States Code, as redesignated by section 102(a)(2), is amended-- (1) in clause (i), by striking ``14 days'' and inserting ``10 days''; and (2) in clause (ii), by striking ``14-day period'' and inserting ``10-day period''. SEC. 207. DIRECT HIRING AUTHORITY FOR MEDICAL CENTER DIRECTORS AND VISN DIRECTORS. (a) In General.--Section 7401 of title 38, United States Code, is amended by adding at the end the following new paragraph: ``(4) Directors of medical centers and directors of Veterans Integrated Service Networks with demonstrated ability in the medical profession, in health care administration, or in health care fiscal management.''. (b) Conforming Amendments.--Section 7404(a)(1) of such title is amended-- (1) by inserting ``(A)'' before ``The annual''; and (2) in subparagraph (A), as designated by paragraph (1)-- (A) by inserting ``and 7401(4)'' after ``7306''; and (B) by adding at the end the following new subparagraph: ``(B) Section 5377 of title 5 shall apply to a position under section 7401(4) of this title as if such position were included in the definition of `position' in section 5377(a) of title 5.''. SEC. 208. TIME PERIODS FOR REVIEW OF ADVERSE ACTIONS WITH RESPECT TO CERTAIN EMPLOYEES. (a) Physicians, Dentists, Podiatrists, Chiropractors, Optometrists, Registered Nurses, Physician Assistants, and Expanded-function Dental Auxiliaries.--Paragraph (2) of section 7461(b) of title 38, United States Code, is amended to read as follows: ``(2) In any case other than a case described in paragraph (1) that involves or includes a question of professional conduct or competence in which a major adverse action was not taken, such an appeal shall be made through Department grievance procedures under section 7463 of this title.''. (b) Major Adverse Actions Involving Professional Conduct or Competence.--Section 7462(b) of such title is amended-- (1) in paragraph (1)-- (A) in the matter preceding subparagraph (A), by inserting ``, within the aggregate time period specified in paragraph (5)(A),'' after ``is entitled''; (B) in subparagraph (A)-- (i) by striking ``At least 30 days advance written notice'' and inserting ``Advance written notice''; (ii) by striking ``and a statement'' and inserting ``a statement''; and (iii) by inserting ``and a file containing all the evidence in support of each charge,'' after ``with respect to each charge,''; and (C) in subparagraph (B), by striking ``A reasonable time, but not less than seven days'' and inserting ``The opportunity, within the time period provided for in paragraph (4)(A)''; (2) by striking paragraph (3) and inserting the following new paragraph (3): ``(3) After considering the employee's answer, if any, and within the time period provided for in paragraph (5)(B), the deciding official shall render a decision on the charges. The decision shall be in writing and shall include the specific reasons therefor.''; (3) in paragraph (4)-- (A) by striking subparagraph (A) and inserting the following new subparagraph (A): ``(A) The period for the response of an employee under paragraph (1)(B) to advance written under paragraph (1)(A) shall be seven business days.''; and (B) in subparagraph (B), by striking ``30 days'' and inserting ``seven business days''; and (4) by adding at the end the following new paragraphs: ``(5)(A) The aggregate period for the resolution of charges against an employee under this subsection may not exceed 15 business days. ``(B) The deciding official shall render a decision under paragraph (3) on charges under this subsection not later than 15 business days after the Under Secretary provides notice on the charges for purposes of paragraph (1)(A). ``(6) The procedures in this subsection shall supersede any collective bargaining agreement to the extent that such agreement is inconsistent with such procedures.''. (c) Other Adverse Actions.--Section 7463(c) of such title is amended-- (1) in paragraph (1), by striking ``the same notice and opportunity to answer with respect to those charges as provided in subparagraphs (A) and (B) of section 7462(b)(1) of this title'' and inserting ``notice and an opportunity to answer with respect to those charges in accordance with subparagraphs (A) and (B) of section 7462(b)(1) of this title, but within the time periods specified in paragraph (3)''; (2) in paragraph (2)-- (A) in the matter preceding subparagraph (A), by inserting ``, within the aggregate time period specified in paragraph (3)(A),'' after ``is entitled''; (B) in subparagraph (A), by striking ``an advance written notice'' and inserting ``written notice''; and (C) in subparagraph (B), by striking ``a reasonable time'' and inserting ``time to answer''; and (3) by adding at the end the following new paragraph (3): ``(3)(A) The aggregate period for the resolution of charges against an employee under paragraph (1) or (2) may not exceed 15 business days. ``(B) The period for the response of an employee under paragraph (1) or (2)(B) to written notice of charges under paragraph (1) or (2)(A), as applicable, shall be seven business days. ``(C) The deciding official shall render a decision on charges under paragraph (1) or (2) not later than 15 business days after notice is provided on the charges for purposes of paragraph (1) or (2)(A), as applicable.''. SEC. 209. IMPROVEMENT OF TRAINING FOR SUPERVISORS. (a) In General.--The Secretary of Veterans Affairs shall provide to each employee of the Department of Veterans Affairs who is employed as a supervisor periodic training on the following: (1) The rights of whistleblowers and how to address a report by an employee of a hostile work environment, reprisal, or harassment. (2) How to effectively motivate, manage, and reward the employees who report to the supervisor. (3) How to effectively manage employees who are performing at an unacceptable level and access assistance from the human resources office of the Department and the Office of the General Counsel of the Department with respect to those employees. (b) Definitions.--In this section: (1) Supervisor.--The term ``supervisor'' has the meaning given such term in section 7103(a) of title 5, United States Code. (2) Whistleblower.--The term ``whistleblower'' has the meaning given such term in section 323(g) of title 38, United States Code, as added by section 101. SEC. 210. ASSESSMENT AND REPORT ON EFFECT ON SENIOR EXECUTIVES AT DEPARTMENT OF VETERANS AFFAIRS. (a) In General.--Not later than two years after the date of the enactment of this Act, the Secretary of Veterans Affairs shall-- (1) measure and assess the effect of the enactment of this title on the morale, engagement, hiring, promotion, retention, discipline, and productivity of individuals in senior executive positions at the Department of Veterans Affairs; and (2) submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the findings of the Secretary with respect to the measurement and assessment carried out under paragraph (1). (b) Elements.--The assessment required by subsection (a)(1) shall include the following: (1) With respect to engagement, trends in morale of individuals in senior executive positions and individuals aspiring to senior executive positions. (2) With respect to promotions-- (A) whether the Department is experiencing an increase or decrease in the number of employees participating in leadership development and candidate development programs with the intention of becoming candidates for senior executive positions; and (B) trends in applications to senior executive positions within the Department. (3) With respect to retention-- (A) trends in retirement rates of individuals in senior executive positions at the Department; (B) trends in quit rates of individuals in senior executive positions at the Department; (C) rates of transfer of-- (i) individuals from other Federal agencies into senior executive positions at the Department; and (ii) individuals from senior executive positions at the Department to other Federal agencies; and (D) trends in total loss rates by job function. (4) With respect to disciplinary processes-- (A) regarding individuals in senior executive positions at the Department who are the subject of disciplinary action-- (i) the length of the disciplinary process in days for such individuals both before the date of the enactment of this Act and under the provisions of this Act described in subsection (a)(1); and (ii) the extent to which appeals by such individuals are upheld under such provisions as compared to before the date of the enactment of this Act; (B) the components or offices of the Department which experience the greatest number of proposed adverse actions against individuals in senior executive positions and components and offices which experience the least relative to the size of the components or offices' total number of senior executive positions; (C) the tenure of individuals in senior executive positions who are the subject of disciplinary action; (D) whether the individuals in senior executive positions who are the subject of disciplinary action have previously been disciplined; and (E) the number of instances of disciplinary action taken by the Secretary against individuals in senior executive positions at the Department as compared to governmentwide discipline against individuals in Senior Executive Service positions (as defined in section 3132(a) of title 5, United States Code) as a percentage of the total number of individuals in senior executive positions at the Department and Senior Executive Service positions (as so defined). (5) With respect to hiring-- (A) the degree to which the skills of newly hired individuals in senior executive positions at the Department are appropriate with respect to the needs of the Department; (B) the types of senior executive positions at the Department most commonly filled under the authorities in the provisions described in subsection (a)(1); (C) the number of senior executive positions at the Department filled by hires outside of the Department compared to hires from within the Department; (D) the length of time to fill a senior executive position at the Department and for a new hire to begin working in a new senior executive position; (E) the mission-critical deficiencies filled by newly hired individuals in senior executive positions and the connection between mission-critical deficiencies filled under the provisions described in subsection (a) and annual performance of the Department; (F) the satisfaction of applicants for senior executive positions at the Department with the hiring process, including the clarity of job announcements, reasons for withdrawal of applications, communication regarding status of applications, and timeliness of hiring decision; and (G) the satisfaction of newly hired individuals in senior executive positions at the Department with the hiring process and the process of joining and becoming oriented with the Department. (c) Senior Executive Position Defined.--In this section, the term ``senior executive position'' has the meaning given such term in section 713 of title 38, United States Code. SEC. 211. MEASUREMENT OF DEPARTMENT OF VETERANS AFFAIRS DISCIPLINARY PROCESS OUTCOMES AND EFFECTIVENESS. (a) Measuring and Collecting.-- (1) In general.--The Secretary of Veterans Affairs shall measure and collect information on the outcomes of disciplinary actions carried out by the Department of Veterans Affairs during the three-year period ending on the date of the enactment of this Act and the effectiveness of such actions. (2) Elements.--In measuring and collecting pursuant to paragraph (1), the Secretary shall measure and collect information regarding the following: (A) The average time from the initiation of an adverse action against an employee at the Department to the final resolution of that action. (B) The number of distinct steps and levels of review within the Department involved in the disciplinary process and the average length of time required to complete these steps. (C) The rate of use of alternate disciplinary procedures compared to traditional disciplinary procedures and the frequency with which employees who are subject to alternative disciplinary procedures commit additional offenses. (D) The number of appeals from adverse actions filed against employees of the Department, the number of appeals upheld, and the reasons for which the appeals were upheld. (E) The use of paid administrative leave during the disciplinary process and the length of such leave. (b) Report.-- (1) In general.--Not later than December 31, 2017, the Secretary shall submit to the appropriate committees of Congress a report on the disciplinary procedures and actions of the Department. (2) Contents.--The report submitted under paragraph (1) shall include the following: (A) The information collected under subsection (a). (B) The findings of the Secretary with respect to the measurement and collection carried out under subsection (a). (C) An analysis of the disciplinary procedures and actions of the Department. (D) Suggestions for improving the disciplinary procedures and actions of the Department. (E) Such other matters as the Secretary considers appropriate. (3) Appropriate committees of congress.--In this subsection, the term ``appropriate committees of Congress'' means-- (A) the Committee on Appropriations and the Committee on Veterans' Affairs of the Senate; and (B) the Committee on Appropriations and the Committee on Veterans' Affairs of the House of Representatives.
  6. Mr. Faulhammer, for himself, introduced the following bill; A BILL To lower the corporate tax rate in a revenue-neutral manner SECTION 1. SHORT TITLE. (a) This bill shall be cited as the Revenue Neutral Corporate Tax Reduction Act. SECTION. 2. FINDINGS A lower corporate tax rate incentivizes investment in the United States spurring economic growth Without accompanying deductions massive corporate tax rates cuts would contribute heavily to the national debt With an accompanying 65% cap on corporate gross interest deductions with a 79% exception for financial institutions a reduction of the corporate tax rate to 25% can be fully funded without contributing to the national debt SECTION. 2. ACTIONS. (a) 26 U.S. Code § 11 (a) is amended to read as follows: "(a) Corporations in general A 25 percent tax is hereby imposed for each taxable year on the taxable income of every corporation." (b) 26 U.S. Code § 11 (b) is stricken entirely. (c) 65% cap rate on corporate gross interest deductions (d) 79% cap rate on corporate gross interest deductions for financial institutions SECTION. 3. ENACTMENT. (a) This bill shall be law immediately upon the passage of Congress and the signature of the President.
  7. Kurt Faulhammer

    Border Security and Immigration Reform Act

    Debate has ended. 72 hours to vote.
  8. Kurt Faulhammer

    Border Security and Immigration Reform Act

    Plain English Summary: $25 billion to the Department of Homeland Security with $12 billion for the construction of physical barriers DACA legislative protection The creation of a new temporary H-2C agricultural worker visa program Sets family-sponsored immigration priorities Ending of the practice of family separation from border detentions Mandatory E-Verify Elimination of the Diversity Visa lottery program Uses forfeited criminal proceeds from cartel activities for funding purposes Creates a 10% foreign remittance tax fee for funding purposes Provided revenue streams continue past fiscal year 2020 additional funds are allocated to the Department of Homeland Security for border security purposes IN THE HOUSE OF REPRESENTATIVES Mr Faulhammer (For himself, On the behalf of President Macmillan, with thanks to Mr. Issa, Mr. Flake, Mr. Goodlatte, Mr. Cruz, Mr. Leonard, Mr. Grassley, and others) introduced the following bill; A BILL To improve border security, authorize the cancellation of removal and adjustment of status of certain individuals who are long-term United States residents and who entered the United States as children, to create a nonimmigrant H–2C work visa program for agricultural workers, to limit the separation of families seeking asylum in the United States and expedite the asylum process for individuals arriving in the United States with children, to expand the use of E-Verify, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the “Border Security and Immigration Reform Act”. TITLE I – BORDER SECURITY SEC. 2. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated a total of $25,000,000 to the Department of Homeland Security for fiscal years 2017 through 2020 for the purpose of improving border security SEC. 3. OPERATIONS AND SUPPORT. (a) Purpose.—It is the purpose of this section to establish a Border Security Enforcement Fund (referred to in this section as the “Fund”), to be administered through the Department of Homeland Security and, in fiscal year 2017 only, through the Department of State, to provide for costs necessary to implement this Act and other Acts related to border security for activities, including— (1) constructing, installing, deploying, operating, and maintaining tactical infrastructure and technology in the vicinity of the United States border— (A) to achieve situational awareness and operational control of the border; and (B) to deter, impede, and detect illegal activity in high traffic areas; and (C) to implement other border security provisions under this section; (2) implementing port of entry provisions under this section; (3) purchasing new aircraft, vessels, spare parts, and equipment to operate and maintain such craft; and (4) hiring and recruitment. (b) Funding.—There are appropriated, to the Fund, out of any monies in the Treasury not otherwise appropriated, a total of $25,000,000 as follows: (1) For fiscal year 2017, $6,250,000,000, to remain available through fiscal year 2021. (2) For fiscal year 2018, $6,250,000,000, to remain available through fiscal year 2022. (3) For fiscal year 2019, $6,250,000,000, to remain available through fiscal year 2023. (4) For fiscal year 2020, $6,250,000,000, to remain available through fiscal year 2024. (c) Physical Barriers.— (1) IN GENERAL.—In each of the following fiscal years, the Secretary of Homeland Security shall transfer, from the Fund to the U.S. Customs and Border Protection—Procurement, Construction and Improvements account, for the purpose of constructing, replacing, or planning physical barriers along the United States land border, a total of $12,000,000,000 as follows: (A) For fiscal year 2017, $3,000,000,000. (B) For fiscal year 2018, $3,000,000,000. (C) For fiscal year 2019, $3,000,000,000. (D) For fiscal year 2020, $3,000,000,000. (2) AVAILABILITY OF FUNDS.—Notwithstanding section 1552(a) of title 31, United States Code, any amounts obligated for the purposes described in paragraph (1) shall remain available for disbursement until expended. (d) Transfer Authority.—Other than the amounts transferred by the Secretary of Homeland Security and the Secretary of State pursuant to subsections (b) and (c), the Committee on Appropriations of the Senate and the Committee on Appropriations of the House of Representatives may provide for the transfer of amounts in the Fund for each fiscal year to eligible activities under this section, including— (1) for the purpose of constructing, replacing, or planning for physical barriers along the United States land border; or (2) for any of the activities described in subsection (a). (e) Use Of Fund.—If the Committee on Appropriations of the Senate and the Committee on Appropriations of the House of Representatives do not provide for the transfer of funds in a full-year appropriation in any fiscal year in accordance with subsection (d), the Secretary of Homeland Security shall transfer amounts in the Fund to accounts within the Department of Homeland Security for eligible activities under this section, including not less than the amounts specified in subsection (c) for the purpose of constructing, replacing, or planning for physical barriers along the United States land border. (f) Budget Request.—A request for the transfer of amounts in the Fund under this section— (1) shall be included in each budget for a fiscal year submitted by the President under section 1105 of title 31, United States Code; and (2) shall detail planned obligations by program, project, and activity in the receiving account at the same level of detail provided for in the request for other appropriations in that account. (g) Reporting Requirement.—At the beginning of fiscal year 2019, and annually thereafter until the funding made available under this title has been expended, the Secretary of Homeland Security shall submit a report to the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on the Judiciary of the Senate, the Committee on Homeland Security of the House of Representatives, and the Committee on the Judiciary of the House of Representatives that describes— (1) the status of border security in the United States; and (2) the amount planned to be expended on border security during the upcoming fiscal year, broken down by project and activity. TITLE II – DACA PROTECTION SEC. 4. DEFINITIONS. In this Act: (1) IN GENERAL.—Any term used in this Act that is used in the immigration laws (as defined in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17))) shall have the meaning given such term in the immigration laws. (2) DACA.—The term “DACA” means deferred action granted to an alien pursuant to the Deferred Action for Childhood Arrivals program announced by President Obama on June 15, 2012. (3) DISABILITY.—The term “disability” has the meaning given such term in section 3(1) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102(1)). (4) POVERTY LINE.—The term “poverty line” has the meaning given such term in section 673 of the Community Services Block Grant Act (42 U.S.C. 9902). (5) SECRETARY.—The term “Secretary” means the Secretary of Homeland Security. SEC. 5. PERMANENT RESIDENT STATUS FOR CERTAIN LONG-TERM RESIDENTS WHO ENTERED THE UNITED STATES AS CHILDREN. (a) In General.—The Secretary shall cancel the removal of, and adjust to the status of an alien lawfully admitted for permanent residence, an alien— (1) who has been continuously present in the United States since June 15, 2012; (2) who was granted DACA, unless the alien has engaged in conduct since the alien was granted DACA that would have rendered the alien ineligible for DACA renewal under the Deferred Action for Childhood Arrivals program, as in effect before September 5, 2017; (3) who makes application for such adjustment not earlier than the date that is 2 years after the date on which the alien first was granted DACA; (4) otherwise satisfies the requirements of this section; and (5) to whom is available an immigrant visa pursuant to section 4. (b) Procedures.— (1) IN GENERAL.—The Secretary of Homeland Security shall by rule establish a procedure allowing eligible individuals to apply for the relief available under this section without requiring placement in removal proceedings and without requiring the immediate availability of an immigrant visa pursuant to section 4. Such procedure shall provide for the ability of a minor to apply for such relief, including through a legal guardian or counsel. (2) ALIENS SUBJECT TO REMOVAL.—The Secretary shall provide a reasonable opportunity to apply for relief under this section to any alien who requests such an opportunity or who appears prima facie eligible for relief under this section if the alien is in removal proceedings, is the subject of a final removal order, or is the subject of a voluntary departure order. (c) Application Fee.— (1) IN GENERAL.—The Secretary may require an alien applying for permanent resident status under this section to pay a reasonable fee that is commensurate with the cost of processing the application. (2) EXEMPTION.—An applicant may be exempted from paying the fee required under paragraph (1) if the alien— (A) (i) is younger than 18 years of age; (ii) received total income, during the 12-month period immediately preceding the date on which the alien files an application under this section, that is less than 150 percent of the poverty line; and (iii) is in foster care or otherwise lacking any parental or other familial support; (B) is younger than 18 years of age and is homeless; (C) (i) cannot care for himself or herself because of a serious, chronic disability; and (ii) received total income, during the 12-month period immediately preceding the date on which the alien files an application under this section, that is less than 150 percent of the poverty line; or (D) (i) during the 12-month period immediately preceding the date on which the alien files an application under this section, accumulated $10,000 or more in debt as a result of unreimbursed medical expenses incurred by the alien or an immediate family member of the alien; and (ii) received total income, during the 12-month period immediately preceding the date on which the alien files an application under this section, that is less than 150 percent of the poverty line. (d) Submission Of Biometric And Biographic Data.—The Secretary may not grant an alien permanent resident status under this section unless the alien submits biometric and biographic data, in accordance with procedures established by the Secretary. The Secretary shall provide an alternative procedure for aliens who are unable to provide such biometric or biographic data because of a physical impairment. (e) Background Checks.— (1) REQUIREMENT FOR BACKGROUND CHECKS.—The Secretary shall utilize biometric, biographic, and other data that the Secretary determines appropriate— (A) to conduct security and law enforcement background checks of an alien seeking permanent resident status under this section; and (B) to determine whether there is any criminal, national security, or other factor that would render the alien ineligible for such status. (2) COMPLETION OF BACKGROUND CHECKS.—The security and law enforcement background checks of an alien required under subparagraph (A) shall be completed, to the satisfaction of the Secretary, before the date on which the Secretary grants such alien permanent resident status under this section. (f) Medical Examination.— (1) REQUIREMENT.—An alien applying for permanent resident status under this section shall undergo a medical examination. (2) POLICIES AND PROCEDURES.—The Secretary, with the concurrence of the Secretary of Health and Human Services, shall prescribe policies and procedures for the nature and timing of the examination required under paragraph (1). (g) Military Selective Service.—An alien applying for permanent resident status under this section shall establish that the alien has registered under the Military Selective Service Act (50 U.S.C. 3801 et seq.), if the alien is subject to registration under such Act. (h) Treatment Of Aliens Pending Grant Of Permanent Residence.— (1) LIMITATION ON REMOVAL.—The Secretary or the Attorney General may not remove an alien who— (A) has pending an application for relief under this section and appears prima facie eligible for such relief; (B) has an approved application for relief under this section and is awaiting the availability of an immigrant visa pursuant to section 4; or (C) is ineligible to apply for relief under this section solely due to the date limitation in subsection (a)(3). (2) PROVISIONAL PROTECTED STATUS.— (A) IN GENERAL.—In the case of an alien described in paragraph (1) whose DACA grant has ended, the Secretary shall grant provisional protected presence to the alien and shall provide the alien with employment authorization effective until the date on which— (i) the alien’s application for relief under this section is finally denied; or (ii) the Secretary cancels the removal of the alien and adjusts the status of the alien to that of an alien lawfully admitted for permanent residence. (B) STATUS DURING PERIOD OF PROVISIONAL PROTECTED PRESENCE.—An alien granted provisional protected presence is not considered to be unlawfully present in the United States during the period beginning on the date such status is granted and ending on a date described in subparagraph (A), except that the Secretary may rescind an alien’s provisional protected presence and employment authorization under this paragraph if the Secretary determines that the alien— (i) poses a threat to national security or a threat to public safety; (ii) has traveled outside of the United States without authorization from the Secretary; or (iii) has ceased to be continuously present in the United States since June 15, 2012. (i) Treatment Of Certain Breaks In Presence.— (1) IN GENERAL.—An alien shall be considered to have failed to maintain continuous presence in the United States under subsections (a)(1) and (h)(2)(B)(iii) if the alien has departed from the United States for any period in excess of 90 days or for any periods in the aggregate exceeding 180 days, unless such departure was authorized by the Secretary of Homeland Security. (2) EXCEPTION.—An alien who departed from the United States after the date of the enactment of this Act shall not be considered to have failed to maintain continuous presence in the United States if the alien’s absences from the United States are brief, casual, and innocent, whether or not such absences were authorized by the Secretary. (3) EXTENSIONS FOR EXCEPTIONAL CIRCUMSTANCES.—The Secretary of Homeland Security may extend the time periods described in paragraph (1) if the alien demonstrates that the failure to timely return to the United States was due to exceptional circumstances. Exceptional circumstances sufficient to justify an extension may include the serious illness of the alien, or death or serious illness of a spouse, parent, grandparent, sibling, or child. TITLE III – CREATION OF H2-C AGRICULTURAL WORK VISA PROGRAM SEC. 6. H–2C TEMPORARY AGRICULTURAL WORK VISA PROGRAM. (a) In General.—Section 101(a)(15)(H) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)) is amended by striking “; or (iii)” and inserting “, or (c) having a residence in a foreign country which he has no intention of abandoning who is coming temporarily to the United States to perform agricultural labor or services; or (iii)”. (b) Definition.—Section 101(a) of such Act (8 U.S.C. 1101(a)) is amended by adding at the end the following: “(53) The term ‘agricultural labor or services’ has the meaning given such term by the Secretary of Agriculture in regulations and includes— “(A) agricultural labor as defined in section 3121(g) of the Internal Revenue Code of 1986; “(B) agriculture as defined in section 3(f) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(f)); “(C) the handling, planting, drying, packing, packaging, processing, freezing, or grading prior to delivery for storage of any agricultural or horticultural commodity in its unmanufactured state; “(D) all activities required for the preparation, processing or manufacturing of a product of agriculture (as such term is defined in such section 3(f)) for further distribution; “(E) forestry-related activities; “(F) aquaculture activities; and “(G) the primary processing of fish or shellfish.”. SEC. 7. ADMISSION OF TEMPORARY H–2C WORKERS. (a) Procedure For Admission.—Chapter 2 of title II of the Immigration and Nationality Act (8 U.S.C. 1181 et seq.) is amended by inserting after section 218 the following: “SEC. 218A. ADMISSION OF TEMPORARY H–2C WORKERS. “(a) Definitions.—In this section and section 218B: “(1) DISPLACE.—The term ‘displace’ means to lay off a United States worker from the job for which H–2C workers are sought. “(2) JOB.—The term ‘job’ refers to all positions with an employer that— “(A) involve essentially the same responsibilities; “(B) are held by workers with substantially equivalent qualifications and experience; and “(C) are located in the same place or places of employment. “(3) EMPLOYER.—The term ‘employer’ includes a single or joint employer, including an association acting as a joint employer with its members, who hires workers to perform agricultural labor or services. “(4) FORESTRY-RELATED ACTIVITIES.—The term ‘forestry-related activities’ includes tree planting, timber harvesting, logging operations, brush clearing, vegetation management, herbicide application, the maintenance of rights-of-way (including for roads, trails, and utilities), regardless of whether such right-of-way is on forest land, and the harvesting of pine straw. “(5) H–2C WORKER.—The term ‘H–2C worker’ means a nonimmigrant described in section 101(a)(15)(H)(ii)(c). “(6) LAY OFF.— “(A) IN GENERAL.—The term ‘lay off’— “(i) means to cause a worker’s loss of employment, other than through a discharge for inadequate performance, violation of workplace rules, cause, voluntary departure, voluntary retirement, or the expiration of a grant or contract (other than a temporary employment contract entered into in order to evade a condition described in paragraph (4) of subsection (b)); and “(ii) does not include any situation in which the worker is offered, as an alternative to such loss of employment, a similar position with the same employer at equivalent or higher wages and benefits than the position from which the employee was discharged, regardless of whether or not the employee accepts the offer. “(B) CONSTRUCTION.—Nothing in this paragraph is intended to limit an employee’s rights under a collective bargaining agreement or other employment contract. “(7) UNITED STATES WORKER.—The term ‘United States worker’ means any worker who is— “(A) a citizen or national of the United States; or “(B) an alien who is lawfully admitted for permanent residence, is admitted as a refugee under section 207, or is granted asylum under section 208. “(8) SPECIAL PROCEDURES INDUSTRY.—The term ‘special procedures industry’ includes sheepherding, goat herding, and the range production of livestock, itinerant commercial beekeeping and pollination, itinerant animal shearing, and custom combining and harvesting. “(b) Petition.—An employer that seeks to employ aliens as H–2C workers under this section shall file with the Secretary of Homeland Security a petition attesting to the following: “(1) OFFER OF EMPLOYMENT.—The employer will offer employment to the aliens on a contractual basis as H–2C workers under this section for a specific period of time during which the aliens may not work on an at-will basis (as provided for in section 218B), and such contract shall only be required to include a description of each place of employment, period of employment, wages and other benefits to be provided, and the duties of the positions. “(2) TEMPORARY LABOR OR SERVICES.— “(A) IN GENERAL.—The employer is seeking to employ a specific number of H–2C workers on a temporary basis and will provide compensation to such workers at a wage rate no less than that set forth in subsection (k)(2). “(B) DEFINITION.—For purposes of this paragraph, a worker is employed on a temporary basis if the employer intends to employ the worker for no longer than the time period set forth in subsection (n)(1) (subject to the exceptions in subsection (n)(3)). “(3) BENEFITS, WAGES, AND WORKING CONDITIONS.—The employer will provide, at a minimum, the benefits, wages, and working conditions required by subsection (k) to all workers employed in the job for which the H–2C workers are sought. “(4) NONDISPLACEMENT OF UNITED STATES WORKERS.—The employer did not displace and will not displace United States workers employed by the employer during the period of employment of the H–2C workers and during the 30-day period immediately preceding such period of employment in the job for which the employer seeks approval to employ H–2C workers. “(5) RECRUITMENT.— “(A) IN GENERAL.—The employer— “(i) conducted adequate recruitment before filing the petition; and “(ii) was unsuccessful in locating sufficient numbers of willing and qualified United States workers for the job for which the H–2C workers are sought. “(B) OTHER REQUIREMENTS.—The recruitment requirement under subparagraph (A) is satisfied if the employer places a local job order with the State workforce agency serving each place of employment, except that nothing in this subparagraph shall require the employer to file an interstate job order under section 653 of title 20, Code of Federal Regulations. The State workforce agency shall post the job order on its official agency website for a minimum of 30 days and not later than 3 days after receipt using the employment statistics system authorized under section 15 of the Wagner-Peyser Act (29 U.S.C. 49l–2). The Secretary of Labor shall include links to the official Web sites of all State workforce agencies on a single webpage of the official Web site of the Department of Labor. “(C) END OF RECRUITMENT REQUIREMENT.—The requirement to recruit United States workers for a job shall terminate on the first day that work begins for the H–2C workers. “(6) OFFERS TO UNITED STATES WORKERS.—The employer has offered or will offer the job for which the H–2C workers are sought to any eligible United States workers who— “(A) apply; “(B) are qualified for the job; and “(C) will be available at the time, at each place, and for the duration, of need. This requirement shall not apply to United States workers who apply for the job on or after the first day that work begins for the H–2C workers. “(7) PROVISION OF INSURANCE.—If the job for which the H–2C workers are sought is not covered by State workers’ compensation law, the employer will provide, at no cost to the workers unless State law provides otherwise, insurance covering injury and disease arising out of, and in the course of, the workers’ employment, which will provide benefits at least equal to those provided under the State workers compensation law for comparable employment. “(f) Roles Of Agricultural Associations.— “(1) TREATMENT OF ASSOCIATIONS ACTING AS EMPLOYERS.—If an association is a joint employer of workers who perform agricultural labor or services, H–2C workers may be transferred among its members to perform the agricultural labor or services on a temporary basis for which the petition was approved. “(2) TREATMENT OF VIOLATIONS.— “(A) INDIVIDUAL MEMBER.—If an individual member of an association that is a joint employer commits a violation described in paragraph (2) or (3) of subsection (i) or subsection (j)(1), the Secretary of Agriculture shall invoke penalties pursuant to subsections (i) and (j) against only that member of the association unless the Secretary of Agriculture determines that the association participated in, had knowledge of, or had reason to know of the violation. “(B) ASSOCIATION OF AGRICULTURAL EMPLOYERS.—If an association that is a joint employer commits a violation described in subsections (i)(2) and (3) or (j)(1), the Secretary of Agriculture shall invoke penalties pursuant to subsections (i) and (j) against only the association and not any individual members of the association, unless the Secretary determines that the member participated in the violation. “(g) Expedited Administrative Appeals.—The Secretary of Homeland Security shall promulgate regulations to provide for an expedited procedure for the review of a denial of a petition under this section by the Secretary. At the petitioner’s request, the review shall include a de novo administrative hearing at which new evidence may be introduced. “(h) Fees.—The Secretary of Homeland Security shall require, as a condition of approving the petition, the payment of a fee to recover the reasonable cost of processing the petition. “(i) Enforcement.— “(1) INVESTIGATIONS AND AUDITS.—The Secretary of Agriculture shall be responsible for conducting investigations and audits, including random audits, of employers to ensure compliance with the requirements of the H–2C program. All monetary fines levied against employers shall be paid to the Department of Agriculture and used to enhance the Department of Agriculture’s investigative and auditing abilities to ensure compliance by employers with their obligations under this section. “(2) VIOLATIONS.—If the Secretary of Agriculture finds, after notice and opportunity for a hearing, a failure to fulfill an attestation required by this subsection, or a material misrepresentation of a material fact in a petition under this subsection, the Secretary— “(A) may impose such administrative remedies (including civil money penalties in an amount not to exceed $1,000 per violation) as the Secretary determines to be appropriate; and “(B) may disqualify the employer from the employment of H–2C workers for a period of 1 year. “(3) WILLFUL VIOLATIONS.—If the Secretary of Agriculture finds, after notice and opportunity for a hearing, a willful failure to fulfill an attestation required by this subsection, or a willful misrepresentation of a material fact in a petition under this subsection, the Secretary— “(A) may impose such administrative remedies (including civil money penalties in an amount not to exceed $5,000 per violation, or not to exceed $15,000 per violation if in the course of such failure or misrepresentation the employer displaced one or more United States workers employed by the employer during the period of employment of H–2C workers or during the 30-day period immediately preceding such period of employment) in the job the H–2C workers are performing as the Secretary determines to be appropriate; “(B) may disqualify the employer from the employment of H–2C workers for a period of 2 years; “(C) may, for a subsequent failure to fulfill an attestation required by this subsection, or a misrepresentation of a material fact in a petition under this subsection, disqualify the employer from the employment of H–2C workers for a period of 5 years; and “(D) may, for a subsequent willful failure to fulfill an attestation required by this subsection, or a willful misrepresentation of a material fact in a petition under this subsection, permanently disqualify the employer from the employment of H–2C workers. “(j) Failure To Pay Wages Or Required Benefits.— “(1) IN GENERAL.—If the Secretary of Agriculture finds, after notice and opportunity for a hearing, that the employer has failed to provide the benefits, wages, and working conditions that the employer has attested that it would provide under this subsection, the Secretary shall require payment of back wages, or such other required benefits, due any United States workers or H–2C workers employed by the employer. “(2) AMOUNT.—The back wages or other required benefits described in paragraph (1)— “(A) shall be equal to the difference between the amount that should have been paid and the amount that was paid to such workers; and “(B) shall be distributed to the workers to whom such wages or benefits are due. “(k) Minimum Wages, Benefits, And Working Conditions.— “(1) PREFERENTIAL TREATMENT OF H–2C WORKERS PROHIBITED.— “(A) IN GENERAL.—Each employer seeking to hire United States workers for the job the H–2C workers will perform shall offer such United States workers not less than the same benefits, wages, and working conditions that the employer will provide to the H–2C workers. No job offer may impose on United States workers any restrictions or obligations which will not be imposed on H–2C workers. “(B) INTERPRETATION.—Every interpretation and determination made under this section or under any other law, regulation, or interpretative provision regarding the nature, scope, and timing of the provision of these and any other benefits, wages, and other terms and conditions of employment shall be made so that— “(i) the services of workers to their employers and the employment opportunities afforded to workers by the employers, including those employment opportunities that require United States workers or H–2C workers to travel or relocate in order to accept or perform employment— “(I) mutually benefit such workers, as well as their families, and employers; and “(II) principally benefit neither employer nor employee; and “(ii) employment opportunities within the United States benefit the United States economy. “(2) REQUIRED WAGES.— “(A) IN GENERAL.—Each employer petitioning for H–2C workers under this subsection will offer the H–2C workers, during the period of authorized employment as H–2C workers, wages that are at least the greatest of— “(i) the applicable State or local minimum wage; “(ii) 115 percent of the Federal minimum wage, or 150 percent of the Federal minimum wage in the case of H–2C workers who perform agricultural labor or services consisting of meat or poultry processing; or “(iii) the actual wage level paid by the employer to all other individuals in the job. “(B) SPECIAL RULE.—An employer can utilize a piece rate or other alternative wage payment system so long as the employer guarantees each worker a wage rate that equals or exceeds the amount required under subparagraph (A) for the total hours worked in each pay period. Compensation from a piece rate or other alternative wage payment system shall include time spent during rest breaks, moving from job to job, clean up, or any other nonproductive time, provided that such time does not exceed 20 percent of the total hours in the work day. “(3) EMPLOYMENT GUARANTEE.— “(A) IN GENERAL.— “(i) REQUIREMENT.—Each employer petitioning for workers under this subsection shall guarantee to offer the H–2C workers and United States workers performing the same job employment for the hourly equivalent of not less than 50 percent of the work hours set forth in the work contract. “(ii) FAILURE TO MEET GUARANTEE.—If an employer affords the United States workers or the H–2C workers less employment than that required under this subparagraph, the employer shall pay such workers the amount which the workers would have earned if the workers had worked for the guaranteed number of hours. “(B) CALCULATION OF HOURS.—Any hours which workers fail to work, up to a maximum of the number of hours specified in the work contract for a work day, when the workers have been offered an opportunity to do so, and all hours of work actually performed (including voluntary work in excess of the number of hours specified in the work contract in a work day) may be counted by the employer in calculating whether the period of guaranteed employment has been met. “(C) LIMITATION.—If the workers abandon employment before the end of the work contract period, or are terminated for cause, the workers are not entitled to the 50 percent guarantee described in subparagraph (A). “(D) TERMINATION OF EMPLOYMENT.— “(i) IN GENERAL.—If, before the expiration of the period of employment specified in the work contract, the services of the workers are no longer required due to any form of natural disaster, including flood, hurricane, freeze, earthquake, fire, drought, plant or animal disease, pest infestation, regulatory action, or any other reason beyond the control of the employer before the employment guarantee in subparagraph (A) is fulfilled, the employer may terminate the workers’ employment. “(ii) REQUIREMENTS.—If a worker’s employment is terminated under clause (i), the employer shall— “(I) fulfill the employment guarantee in subparagraph (A) for the work days that have elapsed during the period beginning on the first work day and ending on the date on which such employment is terminated; “(II) make efforts to transfer the worker to other comparable employment acceptable to the worker; and “(III) not later than 72 hours after termination, notify the Secretary of Agriculture of such termination and stating the nature of the contract impossibility. “(l) Nondelegation.—The Department of Agriculture and the Department of Homeland Security shall not delegate their investigatory, enforcement, or administrative functions relating to this section or section 218B to other agencies or departments of the Federal Government. “(m) Compliance With Bio-Security Protocols.—Except in the case of an imminent threat to health or safety, any personnel from a Federal agency or Federal grantee seeking to determine the compliance of an employer with the requirements of this section or section 218B shall, when visiting such employer’s place of employment, make their presence known to the employer and sign-in in accordance with reasonable bio-security protocols before proceeding to any other area of the place of employment. “(n) Limitation On H–2C Workers’ Stay In Status.— “(1) MAXIMUM PERIOD.—The maximum continuous period of authorized status as an H–2C worker (including any extensions) is 18 months for workers employed in a job that is of a temporary or seasonal nature. For H–2C workers employed in a job that is not of a temporary or seasonal nature, the initial maximum continuous period of authorized status is 36 months and subsequent maximum continuous periods of authorized status are 18 months. “(2) REQUIREMENT TO REMAIN OUTSIDE THE UNITED STATES.—In the case of H–2C workers who were employed in a job of a temporary or seasonal nature whose maximum continuous period of authorized status as H–2C workers (including any extensions) have expired, the aliens may not again be eligible to be H–2C workers until they remain outside the United States for a continuous period equal to at least 1⁄12 of the duration of their previous period of authorized status an H–2C workers. For H–2C workers who were employed in a job not of a temporary or seasonal nature whose maximum continuous period of authorized status as H–2C workers (including any extensions) have expired, the aliens may not again be eligible to be H–2C workers until they remain outside the United States for a continuous period equal to at least the lesser of 1⁄12 of the duration of their previous period of authorized status as H–2C workers or 45 days. “(3) EXCEPTIONS.— “(A) The Secretary of Homeland Security shall deduct absences from the United States that take place during an H–2C worker’s period of authorized status from the period that the alien is required to remain outside the United States under paragraph (2), if the alien or the alien’s employer requests such a deduction, and provides clear and convincing proof that the alien qualifies for such a deduction. Such proof shall consist of evidence such as arrival and departure records, copies of tax returns, and records of employment abroad. “(B) There is no maximum continuous period of authorized status as set forth in paragraph (1) or a requirement to remain outside the United States as set forth in paragraph (2) for H–2C workers employed as a sheepherder, goatherder, in the range production of livestock, or who return to the workers’ permanent residence outside the United States each day. “(o) Period Of Admission.— “(1) IN GENERAL.—In addition to the maximum continuous period of authorized status, workers’ authorized period of admission shall include— “(A) a period of not more than 7 days prior to the beginning of authorized employment as H–2C workers for the purpose of travel to the place of employment; and “(B) a period of not more than 14 days after the conclusion of their authorized employment for the purpose of departure from the United States or a period of not more than 30 days following the employment for the purpose of seeking a subsequent offer of employment by an employer pursuant to a petition under this section (or pursuant to at-will employment under section 218B during such times as that section is in effect) if they have not reached their maximum continuous period of authorized employment under subsection (n) (subject to the exceptions in subsection (n)(3)) unless they accept subsequent offers of employment as H–2C workers or are otherwise lawfully present. “(2) FAILURE TO DEPART.—H–2C workers who do not depart the United States within the periods referred to in paragraph (1) will be considered to have failed to maintain nonimmigrant status as H–2C workers and shall be subject to removal under section 237(a)(1)(C)(i). Such aliens shall be considered to be inadmissible pursuant to section 212(a)(9)(B)(i) for having been unlawfully present, with the aliens considered to have been unlawfully present for 181 days as of the 15th day following their period of employment for the purpose of departure or as of the 31st day following their period of employment for the purpose of seeking subsequent offers of employment. “(p) Abandonment Of Employment.— “(1) REPORT BY EMPLOYER.—Not later than 72 hours after an employer learns of the abandonment of employment by H–2C workers before the conclusion of their work contracts, the employer shall notify the Secretary of Agriculture and the Secretary of Homeland Security of such abandonment. “(2) REPLACEMENT OF ALIENS.—An employer may designate eligible aliens to replace H–2C workers who abandon employment notwithstanding the numerical limitation found in section 214(g)(1)(C). “(q) Change To H–2C Status.— “(1) IN GENERAL.—An alien described in paragraph (4) is eligible for status as an H–2C worker despite their unlawful presence. “(2) WAIVER.—In the case of an alien described in paragraph (4), the Secretary of Homeland Security shall waive the grounds of inadmissibility under paragraphs (5), (6), (7), and (9)(B) of section 212(a), and the grounds of deportability under subparagraphs (A) through (D) of paragraph (1), and paragraph (3), of section 237(a), with respect to conduct that occurred prior to the alien first seeking status as an H–2C worker, solely in order to provide the alien with such status. “(3) REQUIREMENT TO REMAIN OUTSIDE THE UNITED STATES.—An alien granted status as an H–2C worker under this subsection shall, after first being granted such status, depart the United States for a period by not later than 180 days after being issued a visa or otherwise being provided with status as an H–2C worker. Failure to comply with the requirement of the previous sentence shall be considered failure to maintain nonimmigrant status, and beginning on the date that is 180 days after the date on which the alien was granted such status, the alien shall be subject to removal under section 237(a)(1)(C)(i). “(4) ALIEN DESCRIBED.—An alien described in this paragraph is an alien who— “(A) was unlawfully present in the United States on October 23, 2017; and “(B) performed agricultural labor or services in the United States for at least 5.75 hours during each of at least 180 days during the 2-year period ending on the date of the enactment of the Compromise Immigration Act. TITLE IV – FAMILY SPONSORED IMMIGRATION PRIORITIES SECTION8. FAMILY-SPONSORED IMMIGRATION PRIORITIES a) Qualification for family-sponsored immigration will be limited to spouses and under-21 year old children of lawfully admitted permanent residence b) Family-sponsored visas will be capped at 300,000 per fiscal year SECTION VI. NEW NON-IMMIGRANT CLASSIFICATION c) A new non-immigrant classification is to be established for parents of United States citizen over the age of 21 1) Non-immigrant status grants no work eligibility 2) Non-immigrant status grants no eligibility for public assistance d) An initial period of five years of visa admittance will be granted that may be reauthorized given the son or daughter United States citizen is still residing in the United States e) Such non-immigrant visas are only granted once the sponsoring citizen can show financial responsibility for their parent and have arrangements for health insurance at no expense of the parent for the length of the admittance period TITLE V – FAMILY SEPARATION SEC. 9. ENSURING FAMILIES REMAIN TOGETHER. Notwithstanding any other provision of law, judicial determination, consent decree, or settlement agreement: (a) A child shall remain in the custody of and be detained in the same facility as the Asylum Applicant who is the child’s parent or legal guardian during the pendency of the Asylum Applicant’s asylum or withholding of removal proceedings. (b) If a child has multiple parents or legal guardians who are Asylum Applicants, that child shall remain in the custody of and be detained in the same facility as all of the child’s parents and legal guardians during the pendency of the Asylum Applicants’ asylum or withholding of removal proceedings; unless one of the child’s parents or legal guardians is present in the United States and not in any form of detention, in which case the child shall be placed in the custody of that parent or legal guardian. SEC. 10. FACILITIES FOR ASYLUM APPLICANTS WHO RETAIN CUSTODY OF A CHILD. (a) The designated agencies shall maintain facilities for the joint detention of Asylum Applicants who retain custody of a child and the child. These facilities shall only contain individuals who are under the age of 18 or are the parents or legal guardians of individuals under the age of 18. (b) Funding.—There are authorized to be appropriated for each of fiscal years 2017, 2018, 2019, and 2020 such sums as may be necessary to carry out this section. SEC. 11. INCREASING THE NUMBER OF AUTHORIZED IMMIGRATION JUDGES. (a) Increase In Immigration Judges.—The Attorney General of the United States shall increase the total number of immigration judges to adjudicate pending cases and efficiently process future cases by 375 judges. (b) Necessary Support Staff For Immigration Judges.—To address the shortage of support staff for immigration judges, the Attorney General shall ensure that each immigration judge has sufficient support staff, adequate technological and security resources, and appropriate courtroom facilities. (c) Increase In Board Of Immigration Appeals Attorneys.—The Attorney General shall increase the number of Board of Immigration Appeals staff attorneys by sixty attorneys. (d) Necessary Support Staff For Board Of Immigration Appeals.—To address the shortage of support staff for the Board of Immigration appeals, the Attorney General shall ensure that the Board of Immigration Appeals and its staff attorneys has sufficient support staff and adequate technological and security resources. (e) Prioritization Of Asylum Applicants.—Any immigration judges, Board of Immigration Appeals staff attorneys, and support staff hired under the authority of this section shall prioritize asylum applications that are filed by Asylum Applicants. (f) Funding.—There are authorized to be appropriated for each of fiscal years 2019, 2020, and 2021 such sums as may be necessary to carry out this section. SEC. 12. INCREASING THE NUMBER OF AVAILABLE DEPARTMENT OF HOMELAND SECURITY EMPLOYEES. (a) Increase In Department Of Homeland Security Personnel.—The Secretary of Homeland Security shall increase the total number of Department personnel that are responsible for processing asylum applications filed by Asylum Applicants by 200 individuals. Positions authorized before the date of the enactment of this Act and any existing officer vacancies within the Department of Homeland Security on such date of enactment shall not count towards the increase mandated by this paragraph. (b) Increase In Department Of Homeland Security Personnel.—The Secretary is authorized to procure space, temporary facilities, and to hire the required administrative and legal support staff, on an expedited basis, to accommodate the additional positions authorized under this section. (c) Funding.—There are authorized to be appropriated for each of fiscal years 2019, 2020, and 2021 such sums as may be necessary to carry out this section. SEC. 13. ESTABLISHING DEADLINES FOR PROCESSING OF ASYLUM APPLICANTS. Notwithstanding any other provision of law, judicial determination, consent decree, or settlement agreement: (a) In General.— (1) The Attorney General and Secretary of Homeland Security shall establish within 60 days of the enactment of this Act procedures for the expedited consideration of asylum applications filed by Asylum Applicants, pursuant to the guidelines set forth in this Act. (2) An asylum application filed by Asylum Applicants must be governed by the expedited procedures set forth by this Act, as opposed to existing asylum law, procedures, regulations, and timelines. But unless modified by this Act or the procedures set forth in, regulations promulgated pursuant to, and timelines established by this Act, the standards, procedures, and burdens of proof established by existing law and regulations for asylum applications shall apply to an asylum application filed by an Asylum Applicant. (3) Until the Attorney General and Secretary of Homeland Security have established procedures for expedited consideration of asylum applications under this section, any asylum application filed by an Asylum Applicant shall be reviewed under existing law, regulations, and procedures for the evaluation of an asylum claim. Other sections of this Act, including sections 2, 3, and 8, will nonetheless begin to apply to Asylum Applicants upon enactment of this Act. (b) Asylum Interviews.— (1) Within 24 hours of an initial referral from immigration officials of an asylum application by an Asylum Applicant, an asylum officer shall conduct an asylum interview of the Asylum Applicant. (2) The Attorney General shall provide information concerning the asylum interview described in this section to Asylum Applicants at least twelve hours prior to the asylum interview. An Asylum Applicant may consult with a person or persons of the Asylum Applicant’s choosing prior to the interview or any review thereof, according to regulations prescribed by the Attorney General. Such consultation shall be at no expense to the Government and shall not unreasonably delay the process. (3) Within 24 hours of the start of an asylum interview, the asylum officer must make a determination of whether the Asylum Application has a credible fear of persecution. (4) If the officer determines that the Asylum Applicant has a credible fear of persecution, the Asylum Applicant shall be detained for further consideration of the application for asylum and referred for an asylum determination consistent with subsection (d). (5) If the officer determines that the Asylum Applicant does not have a credible fear of persecution, the Asylum Applicant has 24 hours to request review by an Immigration Judge. If the Asylum Applicant does not request review of the determination within that time period, a Final Order of Removal shall be issued. (6) The asylum officer shall prepare a written record of a determination that the Asylum Applicant does not have a credible fear of persecution. Such record shall include a summary of the material facts as stated by the Asylum Applicant, such additional facts (if any) relied upon by the officer, and the officer’s analysis of why, in the light of such facts, the Asylum Applicant has not established a credible fear of persecution. A copy of the officer’s interview notes shall be attached to the written summary. (c) Appearance Before Immigration Judge.— (1) In the case of an Asylum Applicant referred to an Immigration Judge following a determination of credible fear of persecution by the asylum officer or an Asylum Applicant who requests review by an Immigration Judge of a determination that the Asylum Applicant does not have a credible fear of persecution, the Attorney General shall present the Asylum Applicant before an immigration judge for a hearing within 24 hours of the referral or request. (2) The Immigration Judge shall make a determination of asylum or withholding of removal eligibility within 120 hours of such a hearing. (3) If the Immigration Judge determines the Asylum Applicant is eligible for asylum or withholding of removal, the judge will order that asylum or withholding of removal be granted. (4) If the Immigration Judge determines that the Asylum Applicant is not eligible for asylum or withholding of removal, the Asylum Applicant has 24 hours to request review by the Board of Immigration Appeals. If the Asylum Applicant does not request review of the determination within that time period, a Final Order of Removal will be issued. (5) The Immigration Judge shall prepare a written record of a determination that the Asylum Applicant is not eligible for asylum or withholding of removal. Such record shall include a summary of the material facts as stated by the Asylum Applicant, such additional facts (if any) relied upon by the Immigration Judge, and the Immigration Judge’s analysis of why, in the light of such facts, the Asylum Applicant has not established eligibility for asylum or withholding of removal. (d) Review By Board Of Immigration Appeals.— (1) In the case of an Asylum Applicant who requests review by the Board of Immigration Appeals of a determination by an Immigration Judge that he or she is not eligible for asylum or withholding of removal, the Attorney General shall present the request for review to the Board of Immigration Appeals within 24 hours of the request. (2) The Board of Immigration Appeals shall make a determination of asylum or withholding of removal eligibility within 24 hours of receiving the request. (3) If the Board of Immigration Appeals determines the Asylum Applicant is eligible for asylum or withholding of removal, the Board of Immigration Appeals will order that asylum or withholding of removal be granted. (4) If the Board of Immigration Appeals determines that the Asylum Applicant is not eligible for asylum or withholding of removal, the Asylum Applicant has 24 hours to request review by the Attorney General. If the Asylum Applicant does not request review of the determination within that time period, a Final Order of Removal will be issued. (e) Review By Attorney General.— (1) In the case of an Asylum Applicant who requests review by the Attorney General of a determination by the Board of Immigration Appeals that he or she is not eligible for asylum or withholding of removal, the Attorney General shall make a determination of asylum or withholding of removal eligibility within 24 hours of receiving the request. (2) If the Attorney General determines the Asylum Applicant is eligible for asylum or withholding of removal, the Attorney General will order that asylum be granted. (3) If the Attorney General determines that the Asylum Applicant is not eligible for asylum or withholding of removal, a Final Order of Removal will be issued. (f) Issuance Of Final Order Of Removal.—Following a determination by the Attorney General that the Asylum Applicant is not eligible for asylum or withholding of removal, there shall be no additional review prior to the issuance of a Final Order of Removal. (g) Grant Of Asylum.—If asylum or withholding of removal is granted to an Asylum Applicant pursuant to these expedited procedures, the grant will be conditional and the Asylum Applicant shall remain in detention until the identity of the applicant has been checked against all appropriate records or databases maintained by the Attorney General and by the Secretary of State, including the Automated Visa Lookout System, to determine any grounds on which the alien may be inadmissible to, excludable from, removable from, or deportable from the United States, or ineligible to apply for or be granted asylum or withholding of removal. (h) Extensions Of Deadlines On Behalf Of Designated Agencies.—A designated agency may seek an extension of any of the deadlines set forth in this subsection by applying for an extension with an Immigration Judge. The Immigration Judge must issue an order stating that the designated agency has established that good cause warrants the granting of an extension. An extension may be granted for up to thirty days. Only two extensions may be granted, in total, to a designated agency during the entirety of an Asylum Applicant’s asylum application process. Any extensions of the deadlines shall not affect the detention of the Asylum Applicant. (i) Extensions Of Deadlines On Behalf Of Asylum Applicants.—An Asylum Applicant may seek an extension of any of the deadlines set forth in this subsection by applying for an extension with an Immigration Judge. The Immigration Judge must issue an order stating that the Asylum Applicant has established that good cause warrants the granting of an extension. An extension may be granted for up to thirty days. Only two extensions may be granted, in total, to an Asylum Applicant during the entirety of the Asylum Applicant’s asylum application process. Any extensions of the deadlines shall not affect the detention of the Asylum Applicant. SEC. 14. CONSEQUENCES OF DENIAL OF ASYLUM APPLICATION. Notwithstanding any other provision of law, judicial determination, consent decree, or settlement agreement: (a) Once a Final Order of Removal for an Asylum Applicant is issued, the designated agency shall remove from the United States within four days the Asylum Applicant and any child for whom the Asylum Applicant is the parent or legal guardian and has been detained with the Asylum Applicant. (1) EXCEPTION.—If the child has a parent or legal guardian who will be remaining physically present in the United States when the Asylum Applicant is removed, the child will remain in or be placed in the custody of that parent or legal guardian. (b) An Asylum Applicant whose asylum application is denied pursuant to the process outlined in this Act shall not be prosecuted for illegal entry as a result of the entry into the United States that led to the filing of the asylum application adjudicated under the process outlined in this Act, but will instead be removed from the United States. An Asylum Applicant may be prosecuted for any other violation of the law if and once their asylum application has been denied. If the Asylum Applicant is prosecuted for an immigration crime that is not a crime of violence, the provisions of this Act that require that a child shall remain in the custody of and be detained in the same facility as the Asylum Applicant, and any other exceptions and requirements thereof set forth in this Act, shall continue to apply. (c) A denial of an asylum application pursuant to the process outlined in this Act shall not prejudice a subsequent asylum application by the same Asylum Applicant on the same grounds if it is later filed after the Asylum Applicant arrives at a legal port of entry and files an asylum application, unless it is determined that the Asylum Applicant engaged in fraud during his prior asylum application that was denied pursuant to the process outlined in this Act. SEC. 15. EXCEPTIONS TO ENSURING FAMILIES REMAIN TOGETHER. (a) An agent or officer of a designated agency shall be permitted to remove a child from the custody of an Asylum Applicant that is the child’s parent or legal guardian with that Asylum Applicant’s consent. If a child has multiple parents or legal guardians in detention, all parents or legal guardians with custody of the child must consent to have the child removed from their custody before an agent or officer of a designated agency is permitted to remove the child; otherwise, the child will remain with the parent or legal guardian who does not wish for the child to be removed. (b) An agent or officer of a designated agency shall be permitted to remove a child from the custody of an Asylum Applicant without that Asylum Applicant’s consent if the following has occurred: (1) A State court, authorized under State law, terminates the rights of a parent or legal guardian, determines that it is in the best interests of the child to be removed from his or her parent or legal guardian, in accordance with the Adoption and Safe Families Act of 1997 (Public Law 105–89), or makes any similar determination that is legally authorized under State law. (2) An official from the State or county child welfare agency with expertise in child trauma and development makes a best interests determination that it is in the best interests of the child to be removed from his or her parent or legal guardian because the child is in danger of abuse or neglect at the hands of the parent or legal guardian, or is a danger to herself or others. (3) The Chief Patrol Agent or the Area Port Director, or their designees, authorizes separation upon the recommendation by an agent or officer, based on a finding that— (A) the child is a victim of trafficking or is at significant risk of becoming a victim of trafficking; (B) there is a strong likelihood that the adult is not the parent or legal guardian of the child; or (C) the child is in danger of abuse or neglect at the hands of the parent or legal guardian, or is a danger to themselves or others. (c) Documentation Required.—The Secretary shall ensure that a separation under subsection (a)(3) is documented in writing and includes, at a minimum, the reason for such separation, together with the stated evidence for such separation. SEC. 16. RECOMMENDATIONS FOR SEPARATIONS BY AGENTS OR OFFICERS. (a) In General.—Not later than 180 days after the date of the enactment of this Act, the Secretary, in consultation with the Secretary of Health and Human Services, shall develop training and guidance, with an emphasis on the best interests of the child, childhood trauma, attachment, and child development, for use by the agents and officers, in order to standardize the implementation of section 8(b)(3). (b) Annual Review.—Not less frequently than annually, the Secretary of Health and Human Services shall review the guidance developed under subsection (a) and make recommendations to the Secretary to ensure such guidance is in accordance with current evidence and best practices in child welfare, child development, and childhood trauma. (c) Requirement.—The guidance under subsection (a) shall incorporate the presumptions described in section 10. (d) Additional Requirements.— (1) EVIDENCE-BASED.—The guidance and training developed under this section shall incorporate evidence-based practices. (2) TRAINING REQUIRED.— (A) All agents and officers of designated agencies, upon hire, and annually thereafter, shall complete training on adherence to the guidance under this section. (B) All Chief Patrol Agents and Area Port Directors, upon hire, and annually thereafter, shall complete— (i) training on adherence to the guidance under this section; and (ii) 90 minutes of child welfare practice training that is evidence-based and trauma-informed. SEC. 10. PRESUMPTIONS. The presumptions described in this Act are the following: (1) FAMILY UNITY.—There shall be a strong presumption in favor of family unity. (2) SIBLINGS.—To the maximum extent practicable, the Secretary shall ensure that sibling groups remain intact. SEC. 17. REQUIRED POLICY FOR LOCATING SEPARATED CHILDREN. (a) In General.—Not later than 180 days after the date of the enactment of this Act, the Secretary shall publish final public guidance that describes, with specificity, the manner in which an Asylum Applicant may locate a child they were the parent or legal guardian of that was separated from them prior to the enactment of this Act. In developing the public guidance, the Secretary shall consult with the Secretary of Health and Human Services. (b) Written Notification.—The Secretary shall provide each Asylum Applicant who was separated from a child they were the parent or legal guardian of with written notice of the public guidance to locate the separated child. (c) Language Access.—All guidance shall be available in English and Spanish, and at the request of the Asylum Applicant, in the language or manner that is understandable by the Asylum Applicant. SEC. 18. CLARIFICATION OF PARENTAL RIGHTS. If a child is separated from a parent or legal guardian, and a State court has not made a determination that the parental rights have been terminated, there is a presumption that— (1) the parental rights remain intact; and (2) the separation does not constitute an affirmative determination of abuse or neglect under Federal or State law. SEC. 19. CLARIFICATION OF EXISTING LAW. (a) Nothing in this Act shall be interpreted to supersede or modify Federal child welfare law, where applicable, including the Adoption and Safe Families Act of 1997 (Public Law 105–89). (b) Nothing in this Act shall be interpreted to supersede or modify State child welfare laws where applicable. (c) Nothing in this Act shall be interpreted to grant any due process rights to any individual who entered this country illegally. (d) Nothing in this act shall alter how an unaccompanied alien under the age of eighteen is treated under existing law. (2) ASYLUM APPLICANT.—The term “Asylum Applicant” means an alien who (a) has no permanent immigration status; (b) is detained by the United States government at or near a port of entry or within 100 miles of the border of the United States while having custody of and being in the presence of a child for whom the alien is a parent or legal guardian; and (c) seeks, within 48 hours of detention, asylum pursuant to section 208 of the Immigration and Nationality Act, withholding of removal pursuant to section 241(b)(3) of the Immigration and Nationality Act, or withholding of removal pursuant to the Convention Against Torture. (3) ASYLUM APPLICATION.—The term “asylum application” means an application for asylum pursuant to section 208 of the Immigration and Nationality Act, an application for withholding of removal under section 241(b)(3) of the Immigration and Nationality Act, and/or an application for withholding of removal pursuant to the Convention Against Torture. (4) CHILD.—The term “child” means an individual who— (A) has not reached the age of 18; (B) has no permanent immigration status; and (C) was in the custody and presence of a parent or legal guardian when the parent or legal guardian was detained for illegally entering into the United States at or near a port of entry or within 100 miles of the border of the United States. (5) COMMITTEES OF JURISDICTION.—The term “committees of jurisdiction” means— (A) the Committee on the Judiciary and the Committee on Health, Education, Labor, and Pensions of the Senate; and (B) the Committee on the Judiciary of the House of Representatives. (6) DANGER OF ABUSE OR NEGLECT AT THE HANDS OF THE PARENT OR LEGAL GUARDIAN.—The term “danger of abuse or neglect at the hands of the parent or legal guardian” shall not mean migrating to or crossing the United States border. (7) DESIGNATED AGENCY.—The term “designated agency” means— (A) the Department of Homeland Security; (B) the Department of Justice; and (C) the Department of Health and Human Services. (8) SECRETARY.—Unless otherwise specified, the term “Secretary” means the Secretary of Homeland Security. TITLE VI – E-VERIFY SEC. 20. PERMANENT REAUTHORIZATION. Section 401(b) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104–208; 8 U.S.C. 1324a note) is amended by striking “Unless the Congress otherwise provides, the Secretary of Homeland Security shall terminate a pilot program on September 30, 2015.”. SEC. 21. MANDATORY USE OF E-VERIFY. (a) Federal Government.—Section 402(e)(1) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) is amended— (1) by amending subparagraph (A) to read as follows: “(A) EXECUTIVE DEPARTMENTS AND AGENCIES.—Each department and agency of the Federal Government shall participate in E-Verify by complying with the terms and conditions set forth in this section.”; and (2) in subparagraph (B), by striking “, that conducts hiring in a State” and all that follows and inserting “shall participate in E-Verify by complying with the terms and conditions set forth in this section.”. (b) Federal Contractors; Critical Employers.—Section 402(e) of such Act, as amended by subsection (a), is further amended— (1) by redesignating paragraphs (2) and (3) as paragraphs (4) and (5), respectively; and (2) by inserting after paragraph (1) the following: “(2) UNITED STATES CONTRACTORS.—Any person, employer, or other entity that enters into a contract with the Federal Government shall participate in E-Verify by complying with the terms and conditions set forth in this section. “(3) DESIGNATION OF CRITICAL EMPLOYERS.—Not later than 7 days after the date of the enactment of this paragraph, the Secretary of Homeland Security shall— “(A) conduct an assessment of employers that are critical to the homeland security or national security needs of the United States; “(B) designate and publish a list of employers and classes of employers that are deemed to be critical pursuant to the assessment conducted under subparagraph (A); and “(C) require that critical employers designated pursuant to subparagraph (B) participate in E-Verify by complying with the terms and conditions set forth in this section not later than 30 days after the Secretary makes such designation.”. (c) All Employers.—Section 402 of such Act, as amended by this section, is further amended— (1) by redesignating subsection (f) as subsection (g); and (2) by inserting after subsection (e) the following: “(f) Mandatory Participation In E-Verify.— “(1) IN GENERAL.—Subject to paragraphs (2) and (3), all employers in the United States shall participate in E-Verify, with respect to all employees recruited, referred, or hired by such employer on or after the date that is 1 year after the date of the enactment of this subsection. “(2) USE OF CONTRACT LABOR.—Any employer who uses a contract, subcontract, or exchange to obtain the labor of an individual in the United States shall certify in such contract, subcontract, or exchange that the employer uses E-Verify. If such certification is not included in a contract, subcontract, or exchange, the employer shall be deemed to have violated paragraph (1). “(3) INTERIM MANDATORY PARTICIPATION.— “(A) IN GENERAL.—Before the date set forth in paragraph (1), the Secretary of Homeland Security shall require any employer or class of employers to participate in E-Verify, with respect to all employees recruited, referred, or hired by such employer if the Secretary has reasonable cause to believe that the employer is or has been engaged in a material violation of section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a). “(B) NOTIFICATION.—Not later than 14 days before an employer or class of employers is required to begin participating in E-Verify pursuant to subparagraph (A), the Secretary shall provide such employer or class of employers with— “(i) written notification of such requirement; and “(ii) appropriate training materials to facilitate compliance with such requirement.”. SEC. 22. CONSEQUENCES OF FAILURE TO PARTICIPATE. (a) In General.—Section 402(e)(5) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note), as redesignated by section 3(b)(1), is amended to read as follows: “(5) CONSEQUENCES OF FAILURE TO PARTICIPATE.—If a person or other entity that is required to participate in E-Verify fails to comply with the requirements under this title with respect to an individual— “(A) such failure shall be treated as a violation of section 274A(a)(1)(B) of the Immigration and Nationality Act (8 U.S.C. 1324a) with respect to such individual; and “(B) a rebuttable presumption is created that the person or entity has violated section 274A(a)(1)(A) of such Act.”. (b) Penalties.—Section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a) is amended— (1) in subsection (e)— (A) in paragraph (4)— (i) in subparagraph (A)— (I) in the matter preceding clause (i), by inserting “, subject to paragraph (10),” after “in an amount”; (II) in clause (i), by striking “not less than $250 and not more than $2,000” and inserting “not less than $2,500 and not more than $5,000”; (III) in clause (ii), by striking “not less than $2,000 and not more than $5,000” and inserting “not less than $5,000 and not more than $10,000”; and (IV) in clause (iii), by striking “not less than $3,000 and not more than $10,000” and inserting “not less than $10,000 and not more than $25,000”; and (ii) by amending subparagraph (B) to read as follows: “(B) may require the person or entity to take such other remedial action as is appropriate.”; (B) in paragraph (5)— (i) by inserting “, subject to paragraphs (10) through (12),” after “in an amount”; (ii) by striking “$100 and not more than $1,000” and inserting “$1,000 and not more than $25,000”; (iii) by striking “the size of the business of the employer being charged, the good faith of the employer” and inserting “the good faith of the employer being charged”; and (iv) by adding at the end the following: “Failure by a person or entity to utilize the employment eligibility verification system as required by law, or providing information to the system that the person or entity knows or reasonably believes to be false, shall be treated as a violation of subsection (a)(1)(A).”; and (C) by adding at the end the following: “(10) EXEMPTION FROM PENALTY.—In the case of the imposition of a civil penalty under paragraph (4)(A) with respect to a violation of paragraph (1)(A) or (2) of subsection (a) for hiring, continuation of employment, recruitment, or referral by a person or entity and, in the case of the imposition of a civil penalty under paragraph (5) for a violation of subsection (a)(1)(B) for hiring, recruitment, or referral by a person or entity, the penalty otherwise imposed may be waived or reduced if the violator establishes that the violator acted in good faith. “(11) AUTHORITY TO DEBAR EMPLOYERS FOR CERTAIN VIOLATIONS.— “(A) IN GENERAL.—If a person or entity is determined by the Secretary of Homeland Security to be a repeat violator of paragraph (1)(A) or (2) of subsection (a), or is convicted of a crime under this section, such person or entity may be considered for debarment from the receipt of Federal contracts, grants, or cooperative agreements in accordance with the debarment standards and pursuant to the debarment procedures set forth in the Federal Acquisition Regulation. “(B) DOES NOT HAVE CONTRACT, GRANT, AGREEMENT.—If the Secretary of Homeland Security or the Attorney General wishes to have a person or entity considered for debarment in accordance with this paragraph, and such an person or entity does not hold a Federal contract, grant or cooperative agreement, the Secretary or the Attorney General shall refer the matter to the Administrator of General Services to determine whether to list the person or entity on the List of Parties Excluded from Federal Procurement, and if so, for what duration and under what scope. “(C) HAS CONTRACT, GRANT, AGREEMENT.—If the Secretary of Homeland Security or the Attorney General wishes to have a person or entity considered for debarment in accordance with this paragraph, and such person or entity holds a Federal contract, grant or cooperative agreement, the Secretary or the Attorney General shall advise all agencies or departments holding a contract, grant, or cooperative agreement with the person or entity of the Government’s interest in having the person or entity considered for debarment, and after soliciting and considering the views of all such agencies and departments, the Secretary or the Attorney General may waive the operation of this paragraph or refer the matter to any appropriate lead agency to determine whether to list the person or entity on the List of Parties Excluded from Federal Procurement, and if so, for what duration and under what scope. “(D) REVIEW.—Any decision to debar a person or entity under in accordance with this paragraph shall be reviewable pursuant to part 9.4 of the Federal Acquisition Regulation.”; and (2) in subsection (f)— (A) by amending paragraph (1) to read as follows: “(1) CRIMINAL PENALTY.—Any person or entity which engages in a pattern or practice of violations of subsection (a)(1) or (2) shall be fined not more than $15,000 for each unauthorized alien with respect to which such a violation occurs, imprisoned for not less than 1 year and not more than 10 years, or both, notwithstanding the provisions of any other Federal law relating to fine levels.”; and (B) in paragraph (2), by striking “Attorney General” each place it appears and inserting “Secretary of Homeland Security”. TITLE VII – DIVERSITY VISA PROGRAM SEC. 23. ELIMINATION OF DIVERSITY VISA PROGRAM. (a) In General.—Section 203 of the Immigration and Nationality Act (8 U.S.C. 1153) is amended by striking subsection (c). (b) Technical And Conforming Amendments.— (1) IMMIGRATION AND NATIONALITY ACT.—The Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended— (A) in section 101(a)(15)(V), by striking “section 203(d)” and inserting “section 203(c)”; (B) in section 201— (i) in subsection (a)— (I) in paragraph (1), by adding “and” at the end; and (II) by striking paragraph (3); and (ii) by striking subsection (e); (C) in section 203— (i) in subsection (b)(2)(B)(ii)(IV), by striking “section 203(b)(2)(B)” each place such term appears and inserting “clause (i)”; (ii) by redesignating subsections (d), (e), (f), (g), and (h) as subsections (c), (d), (e), (f), and (g), respectively; (iii) in subsection (c), as redesignated, by striking “subsection (a), (b), or (c)” and inserting “subsection (a) or (b)”; (iv) in subsection (d), as redesignated— (I) by striking paragraph (2); and (II) by redesignating paragraph (3) as paragraph (2); (v) in subsection (e), as redesignated, by striking “subsection (a), (b), or (c) of this section” and inserting “subsection (a) or (b)”; (vi) in subsection (f), as redesignated, by striking “subsections (a), (b), and (c)” and inserting “subsections (a) and (b)”; and (vii) in subsection (g), as redesignated— (I) by striking “(d)” each place such term appears and inserting “(c)”; and (II) in paragraph (2)(B), by striking “subsection (a), (b), or (c)” and inserting “subsection (a) or (b)”; (D) in section 204— (i) in subsection (a)(1), by striking subparagraph (I); (ii) in subsection (e), by striking “subsection (a), (b), or (c) of section 203” and inserting “subsection (a) or (b) of section 203”; and (iii) in subsection (l)(2)— (I) in subparagraph (B), by striking “section 203 (a) or (d)” and inserting “subsection (a) or (c) of section 203”; and (II) in subparagraph (C), by striking “section 203(d)” and inserting “section 203(c)”; (E) in section 214(q)(1)(B)(i), by striking “section 203(d)” and inserting “section 203(c)”; (F) in section 216(h)(1), in the undesignated matter following subparagraph (C), by striking “section 203(d)” and inserting “section 203(c)”; and (G) in section 245(i)(1)(B), by striking “section 203(d)” and inserting “section 203(c)”. (2) IMMIGRANT INVESTOR PILOT PROGRAM.—Section 610(d) of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1993 (Public Law 102–395) is amended by striking “section 203(e) of such Act (8 U.S.C. 1153(e))” and inserting “section 203(d) of such Act (8 U.S.C. 1153(d))”. (c) Effective Date.—The amendments made by this section shall take effect on the first day of the first fiscal year beginning on or after the date of the enactment of this Act. TITLE VIII – FISCAL RESPONSIBILITY SEC. 24. USE OF CERTAIN FORFEITED CRIMINAL PROCEEDS FOR BORDER SECURITY MEASURES. Notwithstanding any other provision of law, any illegally obtained profits resulting from any criminal drug trafficking enterprise led by Joaquin Archivaldo Guzman Loera (commonly known as “El Chapo”), which are criminally forfeited to the United States Government as a result of the conviction of Mr. Guzman Loera in Federal District court, shall be reserved for security measures along the border between the United States and Mexico, including the completion of a wall along such border, for the purpose of stemming the flow of illegal narcotics into the United States and furthering the Nation’s security. SEC. 25. USE OF FORFEITED CRIMINAL PROCEEDS OF OTHER CONVICTED CARTEL MEMBERS. Notwithstanding any other provision of law, any funds that are criminally forfeited to the United States Government as the result of a felony conviction in a Federal district court of a member of a drug cartel—an individual engaging in a continuing criminal enterprise involving knowingly and intentionally distributing a controlled substance, intending and knowing that such substance would be unlawfully imported into the United States from a place outside of the United States—shall be reserved for security measures along the border between the United States and Mexico, including the completion of a wall along such border, for the purpose of stemming the flow of illegal narcotics into the United States and furthering the Nation’s security. SEC. 26. FEES FOR CERTAIN REMITTANCE TRANSFERS. Section 920 of the Electronic Fund Transfer Act (relating to remittance transfers) (15 U.S.C. 1693o–1) is amended— (1) by redesignating subsection (g) as subsection (h); and (2) by inserting after subsection (f) the following: “(g) Border Security Fee Collection.— “(1) IN GENERAL.— “(A) FEES.—If the designated recipient of a remittance transfer is located in a foreign country described in subparagraph (B), a remittance transfer provider shall collect from the sender of such remittance transfer a remittance fee equal to 10 percent of the United States dollar amount to be transferred (excluding any fees or other charges imposed by the remittance transfer provider). Except as provided in subparagraph (C), such remittance fees shall be submitted to the Treasury to be expended for the purpose of improving border security. “(B) FOREIGN COUNTRIES.—Subparagraph (A) shall apply to recipients located in all foreign countries. “(C) COSTS.—For the 5-year period beginning on the date of the enactment of this subsection, a remittance transfer provider may retain up to 5 percent of any remittance fees collected by such remittance transfer provider pursuant to subparagraph (A) to cover the costs of collecting and submitting such remittance fees. “(2) FEE COLLECTION SYSTEM.—Not later than March 30, 2017, the Bureau, in consultation with the Secretary of Homeland Security, the Secretary of the Treasury, and remittance transfer providers, shall develop and make available a system for remittance transfer providers to— “(A) submit the remittance fees collected in accordance with paragraph (1)(A) to the Treasury; and “(B) retain a portion of such remittance fees in accordance with paragraph (1)(C). “(3) PENALTIES.— “(A) Whoever, with the intent to evade a remittance fee to be collected in accordance with this subsection, and who has knowledge that, at the time of a remittance transfer, the value of the funds involved in the transfer will be further transferred to a recipient located in a country listed in paragraph (1)(B), requests or facilitates such remittance transfer to a designated recipient in a country that is not listed in paragraph (1)(B) shall be subject to a penalty of not more than $500,000 or twice the value of the funds involved in the remittance transfer, whichever is greater, or imprisonment for not more than 20 years, or both. “(B) Any foreign country that, in the joint determination of the Secretary of Homeland Security, the Secretary of the Treasury, and the Secretary of State aids or harbors an individual conspiring to avoid the fee collected in accordance with this subsection shall be ineligible to receive foreign assistance and to participate in the visa waiver program or any other programs, at the discretion of the Secretaries described in this subparagraph.”. SEC. 27. GUIDANCE. All funds collected from sections 24, 25, and 26 will be appropriated to the Department of Homeland Security to be used at their discretion. Funds achieved beyond the original appropriation of the bill will continue to go to border security including the construction and repair of physical barriers. SECTION 28. EFFECTIVE DATE The bill shall go into effect upon its constitutional passage.
  9. Kurt Faulhammer

    Revenue Neutral Corporate Tax Reduction Act

    Debate has ended. 72 hours to vote.
  10. Kurt Faulhammer

    Border Security and Immigration Reform Act

    Vanderfleet 1 fails by a vote of 192-243, debate continues
  11. From the Office of Speaker Kurt Faulhammer While I am disappointed on the result of the recent amendment vote on the Border Security and Immigration Reform Act I am in acceptance of the result. I still support the passage of the build for many great things that is does be in giving the DHS a sizable investment to spend on border security, gives a legislative permanent fix to DACA, mandates the use of E-Verify, and establishes electronic passport screening and biometric matching among other things. I would also like to formally apologize to the Gentleman from Arkansas, Mr. Calvin Ward, over earlier transgressions during the debate of the bill. Like I said I want to move on, we will just have to make a plan for better security without the construction of new physical barriers. The bill still is a fiscally responsible bill that can help see dramatic reductions in illegal border crossings. I think that will be easier to achieve alongside the Stronger Americas plan which did so by unanimous consent which will help improve the rule of law and economic prospects of the nations that many of the undocumented immigrants that cross our Southern border come from. By eliminating the issues that drive them to come here illegally we likely won't see any massive swells of migration in the near future. In the meantime debate is still continuing on the bill and I am eager and optimistic for the final vote that will come soon enough.
  12. Kurt Faulhammer From the Office of Speaker Kurt Faulhammer While I am disappointed on the result of the recent amendment vote on the Border Security and Immigration Reform Act I am in acceptance of the result. I still support the passage of the build for many great things that is does be in giving the DHS a sizable investment to spend on border security, gives a legislative permanent fix to DACA, mandates the use of E-Verify, and establishes electronic passport screening and biometric matching among other things. I would also like to formally apologize to the Gentleman from Arkansas, Mr. Calvin Ward, over earlier transgressions during the debate of the bill. Like I said I want to move on, we will just have to make a plan for better security without the construction of new physical barriers. The bill still is a fiscally responsible bill that can help see dramatic reductions in illegal border crossings. I think that will be easier to achieve alongside the Stronger Americas plan which did so by unanimous consent which will help improve the rule of law and economic prospects of the nations that many of the undocumented immigrants that cross our Southern border come from. By eliminating the issues that drive them to come here illegally we likely won't see any massive swells of migration in the near future. In the meantime debate is still continuing on the bill and I am eager and optimistic for the final vote that will come soon enough. View full PR
  13. Kurt Faulhammer

    Revenue Neutral Corporate Tax Reduction Act

    Burch 1 amendment fails by a vote of 169-266. Debate continues.
  14. Kurt Faulhammer

    Breitbart

    Breitbart Lead Editor Brandon Cooper
  15. Kurt Faulhammer

    Breitbart

    Rogue RINOS Lose The Wall By Brandon Cooper Today the amendment proposed by Colorado Representative John Alexander to strike from the Border Security and Immigration Reform the ability of the Department of Homeland Security to construct up to $12 billion worth of new physical barriers such as walls and fences over the course of four years succeeded by a vote of 252-183. The $12 billion dollar fund will now only be allowed to repair and replace existing physical barriers leaving hundreds of miles of the United States border still insecure. This happened due to the actions of 60 rogue Republicans in name only (RINO) voted for the amendment that would prevent President Macmillan from fulfilling one of his signature campaign promises. This rebellion from the party can best be seen in the actions of House Republican from Rhode Island Brianna O'Dwyer. She spoke out in opposition of any border walls on the House floor saying "One question I have over a border wall portion of this bill comes down to that any feasible construction project is going to need to be straighter than the actual border, which is going to mean using the federal government’s eminent domain powers to take privately owned land and basically redraw the border" There's two aspects of this statement that need to be addressed. First, the idea that there couldn't be any feasible construction project that is was going to need to be straighter than the actual border. This thought let out on the House floor is what you'd usually find in her seat, a Coastal Cosmopolitan Liberal who thinks the idea of a border is icky to begin with and that we should give away our country to the third world since their kids vote reliably Democrat. With Brianna you don't get much different I'm afraid. How does she think the hundreds of miles of already existing physical barriers on the border got there? Shouldn't as she says it not be "feasible" to make something so straight? Really beats me. The second part though it the typical Globalist conveniently principled in some moments and not so in others. Look at me being a righteous conservative frowning on Eminent Domain. It would ring more endearing if she hadn't already Co-Authored alongside last week's champion of Breitbart's Top Five Dumb Bills of the Week Awards John Alexander a bill that may help him retain the title. The School Tobacco and Alcohol Restriction Act is a big government regulation that would see store owners who sell Tobacco and Alcohol to either sell their products less hours of the day or move more than 300 feet of away from any education facility, public or private school, hospital, highway, or place of worship if they want to sell a product the free market wants available at all hours. She condemns a border wall that might move people with Eminent Domain but she sponsors bills with Democrats to will do just that to business owners. This regulation like the regulation of most business will likely affect the small business owner much more costly than the bigger corporations. Not that it matters to Mrs. O'Dwyer. All this comes after the first bill to pass the House, the Mental Health and Substance Abuse Treatment Accessibility Act, was actually sponsored by Mrs. O'Dwyer along with California Democratic Representative Evelyn Vanderfleet. It looks like Mrs. O'Dwyer's much touted "Third Way" really is just a scheme to undermine the Republican majority until the Democrats who she is so comfortable working with can take back the House in 2018, obstructing Macmillan from achieving the rest of his campaign promises. I've caused some commotion in the past with my statements about how RINOS like John McCain or Jeff Flake should just go join the Democratic party, but Mrs. O'Dwyer really should because I doubt the Speaker will ever bring another one of her bills to the House floor again.
  16. Kurt Faulhammer

    Border Security and Immigration Reform Act

    Vinick 1 passes by a vote of 370-66
  17. Kurt Faulhammer

    Stronger Americas Joint Security and Institutional Reform Act

    The bill passes by UC
  18. Stronger Americas Joint Security and Institutional Reform Act  IN THE HOUSE OF REPRESENTATIVES Mr. Faulhammer (For himself, on behalf of President Macmillan) introduced the following bill;  A Bill  To create a joint security and institutional reform agreement between the United States, Mexico, Belize, Guatemala, Honduras, El Salvador, Nicaragua, Costa Rica, Panama, and Colombia Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1: SHORT TITLE This act may be cited as the “Stronger Americas Joint Security and Institutional Reform Act” SECTION 2: FINDINGS Crime in Central America has cost Central Americans collectively 3.5% GDP or $261 billion, $300 per person. Latin American investments in public security are often inefficient and focused in the wrong areas. Courts in developing nations lack trust in the rule of law. The current Central America Regional Security Initiative has shown successful results. Problem oriented policing has a large record of success. Partnership for Growth agreements have shown to be productive. Investment in regional security could unlock economic potential, make travel for American citizens safer, and lower the need for migrants to illegal immigrate to the United States. SECTION 3: ACTIONS (a) Increase funding for Central America Regional Security Initiative from $250 million a year to $1.5 billion a year (b) Alliance for Prosperity funding increased from $750 million to $1.250 billion (c) United States Department of Justice will coordinate with cooperating nations judiciary to facilitate training assistance and assist in the facilitation of protection programs for judges, witnesses, and prosecutors. (d) The United States will fund match cooperating nation governments for protection programs for judges, witnesses, and prosecutors expenses one dollar for every two the cooperating government invests. (Capped at $500 million per nation) (e) The United States will fund match funding increases for secondary and tertiary schools one dollar for every two dollars a cooperating government invests (capped at $350 million per nation) (f)The United States will match funding for digital monitoring technology one dollar for every two dollars the cooperating government invests (Capped at $200 million per nation) (g) Enhance information sharing on criminal deportees and support American reintegration programs for returning migrants (Capped at $150 million per nation) (h) All cooperating nations must agree to a full extradition agreement with the United States (i) The State Department’s Bureau of International Narcotics and Law Enforcement will coordinate with national police force of cooperating nation (j) Strengthen frameworks for trilateral information sharing on trans-national criminal groups among all nations (h) Advisory support from the United States for police forces, judiciaries, and security forces with the creation of an exchange program for law enforcement and judiciaries. (i) Joint training missions between the US CBP and cooperation nation’s equivalent counterpart (j) Collaboration between United States IRS and cooperation nation equivalent counterpart to enhance tax collection efforts and strengthen institutional capacity (l) All cooperating nations are expected to adopt the creation of a commission similar in nature to the International Commission Against Impunity in Guatemala (m) Grant temporary protected status for Guatemalans and extend protections for Hondurans and Salvadorans another four years (n) Allocate new special temporary work visas to the United States for cooperating nations (70k per country) (o) US Peace Corps increase in cooperating nations (p) Establish problem-oriented policing programs in cooperating nations police departments based on findings from Boston’s Operation Ceasefire, Belo Horizonte’s Staying Alive program, and Colombia’s cuadrantes plan. (q) Cooperating nations will enter into a Partnership for Growth agreement with the United States with the following five components Constraints Analysis (CA): rigorous, jointly conducted analysis and identification of the principle constraints to economic growth in cooperating nation. Joint Country Action Plan (JCAP): a mutually developed agreement between the United States government and cooperating nation’s governments that includes 20 goals to alleviate the 2 principle constraints to growth identified by the CA. Whole-of-Government Approach (WGA): joint decision-making to target resources, based on transparency and accountability among all cooperating institutions. Twice-Year Scorecards: meeting every six months within and between the United States government and the cooperating nation’s government to assess progress on meeting the 20 JCAP goals. Non-Program Assistance: a broad range of tools that do not carry a program-specific funding, including interorganizational resource sharing, institutional reform, diplomatic engagement, and other “non-assistance” policy tool. Under the Partnership for Growth agreement the cooperating nation will be expected to already have or to looking to pass legislation in regards to: Civil asset forfeiture Access to public information Public-private partnership Tax law revision Promote investment and facilitate commerce Under the Partnership for Growth agreement the cooperating nation will be expected to already have or looking to establish the following institutions: An export and investment promotion agency An institute for access to public Information A national growth council SECTION 5: EFFECTIVE DATE The bill should go into effect upon its Constitutional passage.
  19. Kurt Faulhammer

    Mental Health and Substance Abuse Treatment Accessibility Act

    The bill passes by UC
  20. Kurt Faulhammer

    Naloxone Accessibility Act

    Motion for UC recognized, 24 hours to object
  21. Kurt Faulhammer

    Naloxone Accessibility Act

    Mr. Faulhammer, For himself with thanks to Ms. Edwards, introduces A BILL To prevent deaths occurring from drug overdoses. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the “Naloxone Accessibility Act”. SEC. 2. OVERDOSE PREVENTION PROGRAMS. Title III of the Public Health Service Act (42 U.S.C. 241 et seq.) is amended by adding at the end the following: “PART W—OVERDOSE PREVENTION PROGRAMS “SEC. 399OO. COOPERATIVE AGREEMENT PROGRAM TO REDUCE DRUG OVERDOSE DEATHS. “(a) Program Authorized.—The Secretary, acting through the Administrator of the Substance Abuse and Mental Health Services Administration, shall enter into cooperative agreements with eligible entities to enable the eligible entities to reduce deaths occurring from overdoses of drugs. “(b) Eligible Entities.—To be eligible to receive a cooperative agreement under this section, an entity shall be a State, local, or tribal government, a correctional institution, a law enforcement agency, a community agency, a professional organization in the field of poison control and surveillance, or a private nonprofit organization. “(c) Application.— “(1) IN GENERAL.—An eligible entity desiring a cooperative agreement under this section shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. “(2) CONTENTS.—An application under paragraph (1) shall include— “(A) a description of the activities to be funded through the cooperative agreement; and “(B) evidence that the eligible entity has the capacity to carry out such activities. “(d) Priority.—In entering into cooperative agreements under subsection (a), the Secretary shall give priority to eligible entities that— “(1) are a public health agency or community-based organization; and “(2) have expertise in preventing deaths occurring from overdoses of drugs in populations at high risk of such deaths. “(e) Eligible Activities.—As a condition of receipt of a cooperative agreement under this section, an eligible entity shall agree to use the cooperative agreement to do each of the following: “(1) Purchase and distribute the drug naloxone or a similarly effective medication. “(2) Carry out one or more of the following activities: “(A) Educating prescribers and pharmacists about overdose prevention and naloxone prescription, or prescriptions of a similarly effective medication. “(B) Training first responders, other individuals in a position to respond to an overdose, and law enforcement and corrections officials on the effective response to individuals who have overdosed on drugs. Training pursuant to this subparagraph may include any activity that is educational, instructional, or consultative in nature, and may include volunteer training, awareness building exercises, outreach to individuals who are at-risk of a drug overdose, and distribution of educational materials. “(C) Implementing and enhancing programs to provide overdose prevention, recognition, treatment, and response to individuals in need of such services. “(D) Educating the public and providing outreach to the public about overdose prevention and naloxone prescriptions, or prescriptions of other similarly effective medications. “(f) Coordinating Center.— “(1) ESTABLISHMENT.—The Secretary shall establish and provide for the operation of a coordinating center responsible for— “(A) collecting, compiling, and disseminating data on the programs and activities under this section, including tracking and evaluating the distribution and use of naloxone and other similarly effective medication; “(B) evaluating such data and, based on such evaluation, developing best practices for preventing deaths occurring from drug overdoses; “(C) making such best practices specific to the type of community involved; “(D) coordinating and harmonizing data collection measures; “(E) evaluating the effects of the program on overdose rates; and “(F) education and outreach to the public about overdose prevention and prescription of naloxone and other similarly effective medication. “(2) REPORTS TO CENTER.—As a condition on receipt of a cooperative agreement under this section, an eligible entity shall agree to prepare and submit, not later than 90 days after the end of the cooperative agreement period, a report to such coordinating center and the Secretary describing the results of the activities supported through the cooperative agreement. “(g) Duration.—The period of a cooperative agreement under this section shall be 4 years. “(h) Definition.—In this part, the term ‘drug’ — “(1) means a drug, as defined in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321); and “(2) includes controlled substances, as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802). “(i) Authorization Of Appropriations.—There are authorized to be appropriated $20,000,000 to carry out this section for each of the fiscal years 2016 through 2020. “SEC. 399OO–1. SURVEILLANCE CAPACITY BUILDING. “(a) Program Authorized.—The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall award cooperative agreements to eligible entities to improve fatal and nonfatal drug overdose surveillance and reporting capabilities, including— “(1) providing training to improve identification of drug overdose as the cause of death by coroners and medical examiners; “(2) establishing, in cooperation with the National Poison Data System, coroners, and medical examiners, a comprehensive national program for surveillance of, and reporting to an electronic database on, drug overdose deaths in the United States; and “(3) establishing, in cooperation with the National Poison Data System, a comprehensive national program for surveillance of, and reporting to an electronic database on, fatal and nonfatal drug overdose occurrences, including epidemiological and toxicologic analysis and trends. “(b) Eligible Entity.—To be eligible to receive a cooperative agreement under this section, an entity shall be— “(1) a State, local, or tribal government; or “(2) the National Poison Data System working in conjunction with a State, local, or tribal government. “(c) Application.— “(1) IN GENERAL.—An eligible entity desiring a cooperative agreement under this section shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. “(2) CONTENTS.—The application described in paragraph (1) shall include— “(A) a description of the activities to be funded through the cooperative agreement; and “(B) evidence that the eligible entity has the capacity to carry out such activities. “(d) Report.—As a condition of receipt of a cooperative agreement under this section, an eligible entity shall agree to prepare and submit, not later than 90 days after the end of the cooperative agreement period, a report to the Secretary describing the results of the activities supported through the cooperative agreement. “(e) National Poison Data System.—In this section, the term ‘National Poison Data System’ means the system operated by the American Association of Poison Control Centers, in partnership with the Centers for Disease Control and Prevention, for real-time local, State, and national electronic reporting, and the corresponding database network. “(f) Authorization Of Appropriations.—There are authorized to be appropriated to carry out this section $5,000,000 for each of the fiscal years 2016 through 2020. “SEC. 399OO–2. REDUCING OVERDOSE DEATHS. “(a) Prevention Of Drug Overdose.—Not later than 180 days after the date of the enactment of this section, the Secretary, in consultation with a task force comprised of stakeholders, shall develop a plan to reduce the number of deaths occurring from overdoses of drugs and shall submit the plan to Congress. The plan shall include— “(1) a plan for implementation of a public health campaign to educate prescribers and the public about overdose prevention and prescription of naloxone and other similarly effective medication; “(2) recommendations for improving and expanding overdose prevention programming; and “(3) recommendations for such legislative or administrative action as the Secretary determines appropriate. “(b) Task Force Representation.— “(1) REQUIRED MEMBERS.—The task force under subsection (a) shall include at least one representative of each of the following: “(A) Individuals directly impacted by drug overdose. “(B) Direct service providers who engage individuals at risk of a drug overdose. “(C) Drug overdose prevention advocates. “(D) The National Institute on Drug Abuse. “(E) The Center for Substance Abuse Treatment. “(F) The Centers for Disease Control and Prevention. “(G) The Health Resources and Services Administration. “(H) The Food and Drug Administration. “(I) The Office of National Drug Control Policy. “(J) The American Medical Association. “(K) The American Association of Poison Control Centers. “(L) The Federal Bureau of Prisons. “(M) The Centers for Medicare & Medicaid Services. “(N) The Department of Justice. “(O) The Department of Defense. “(P) The Department of Veterans Affairs. “(Q) First responders. “(R) Law enforcement. “(S) State agencies responsible for drug overdose prevention. “(2) ADDITIONAL MEMBERS.—In addition to the representatives required by paragraph (1), the task force under subsection (a) may include other individuals with expertise relating to drug overdoses or representatives of entities with expertise relating to drug overdoses, as the Secretary determines appropriate.”. SEC. 3. OVERDOSE PREVENTION RESEARCH. Subpart 15 of part C of title IV of the Public Health Service Act (42 U.S.C. 285o et seq.) is amended by adding at the end the following: “SEC. 464Q. OVERDOSE PREVENTION RESEARCH. “(a) Overdose Research.—The Director of the Institute shall prioritize and conduct or support research on drug overdose and overdose prevention. The primary aims of this research shall include— “(1) an examination of circumstances that contribute to drug overdose and identification of drugs associated with fatal overdose; “(2) an evaluation of existing overdose prevention methods; “(3) pilot programs or research trials on new overdose prevention strategies or programs that have not been studied in the United States; “(4) scientific research concerning the effectiveness of overdose prevention programs, including how to effectively implement and sustain such programs; “(5) comparative effectiveness research of model programs; and “(6) implementation of science research concerning effective overdose prevention programming examining how to implement and sustain overdose prevention programming. “(b) Formulations Of Naloxone.—The Director of the Institute shall support research on the development of formulations of naloxone, and other similarly effective medications, and dosage delivery devices specifically intended to be used by lay persons or first responders for the prehospital treatment of unintentional drug overdose. “(c) Definition.—In this section, the term ‘drug’ has the meaning given such term in section 399OO. “(d) Authorization Of Appropriations.—There are authorized to be appropriated to carry out this section $5,000,000 for each of the fiscal years 2016 through 2020.”. PES: This bill amends the Public Health Service Act to require the Substance Abuse and Mental Health Services Administration (SAMHSA) to enter into cooperative agreements to reduce deaths from drug overdoses by: (1) purchasing and distributing naloxone (a medication that rapidly reverses overdose from heroin or other drugs with effects similar to opium) or a similar drug; and (2) educating or training the public, first responders, or health professionals on drug overdose prevention or response. SAMHSA must establish a coordinating center and develop a plan to reduce drug overdose deaths by educating the public about overdose prevention and recommending improvements to overdose prevention programs. The Centers for Disease Control and Prevention must improve drug overdose surveillance by entering into cooperative agreements to: (1) provide training to improve identification of drug overdose as the cause of death, and (2) establish a national program for reporting drug overdoses. The National Institute on Drug Abuse (NIDA) must prioritize, conduct, and support research on circumstances that contribute to drug overdose, drugs associated with fatal overdose, and overdose prevention methods. NIDA must support research on drug overdose treatments that can be administered by lay persons or first responders.
  22. Kurt Faulhammer

    Revenue Neutral Corporate Tax Reduction Act

    Mr. Vinick, What is a corporate tax rate that makes us competitive with the rest of the world? I yield
  23. Mr. Speaker, I move to amend the bill by removing section VII: TITLE VII – DIVERSITY VISA PROGRAM SEC. 23. ELIMINATION OF DIVERSITY VISA PROGRAM. (a) In General.—Section 203 of the Immigration and Nationality Act (8 U.S.C. 1153) is amended by striking subsection (c). (b) Technical And Conforming Amendments.— (1) IMMIGRATION AND NATIONALITY ACT.—The Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended— (A) in section 101(a)(15)(V), by striking “section 203(d)” and inserting “section 203(c)”; (B) in section 201— (i) in subsection (a)— (I) in paragraph (1), by adding “and” at the end; and (II) by striking paragraph (3); and (ii) by striking subsection (e); (C) in section 203— (i) in subsection (b)(2)(B)(ii)(IV), by striking “section 203(b)(2)(B)” each place such term appears and inserting “clause (i)”; (ii) by redesignating subsections (d), (e), (f), (g), and (h) as subsections (c), (d), (e), (f), and (g), respectively; (iii) in subsection (c), as redesignated, by striking “subsection (a), (b), or (c)” and inserting “subsection (a) or (b)”; (iv) in subsection (d), as redesignated— (I) by striking paragraph (2); and (II) by redesignating paragraph (3) as paragraph (2); (v) in subsection (e), as redesignated, by striking “subsection (a), (b), or (c) of this section” and inserting “subsection (a) or (b)”; (vi) in subsection (f), as redesignated, by striking “subsections (a), (b), and (c)” and inserting “subsections (a) and (b)”; and (vii) in subsection (g), as redesignated— (I) by striking “(d)” each place such term appears and inserting “(c)”; and (II) in paragraph (2)(B), by striking “subsection (a), (b), or (c)” and inserting “subsection (a) or (b)”; (D) in section 204— (i) in subsection (a)(1), by striking subparagraph (I); (ii) in subsection (e), by striking “subsection (a), (b), or (c) of section 203” and inserting “subsection (a) or (b) of section 203”; and (iii) in subsection (l)(2)— (I) in subparagraph (B), by striking “section 203 (a) or (d)” and inserting “subsection (a) or (c) of section 203”; and (II) in subparagraph (C), by striking “section 203(d)” and inserting “section 203(c)”; (E) in section 214(q)(1)(B)(i), by striking “section 203(d)” and inserting “section 203(c)”; (F) in section 216(h)(1), in the undesignated matter following subparagraph (C), by striking “section 203(d)” and inserting “section 203(c)”; and (G) in section 245(i)(1)(B), by striking “section 203(d)” and inserting “section 203(c)”. (2) IMMIGRANT INVESTOR PILOT PROGRAM.—Section 610(d) of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1993 (Public Law 102–395) is amended by striking “section 203(e) of such Act (8 U.S.C. 1153(e))” and inserting “section 203(d) of such Act (8 U.S.C. 1153(d))”. (c) Effective Date.—The amendments made by this section shall take effect on the first day of the first fiscal year beginning on or after the date of the enactment of this Act.
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