SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Enhancing America's Security through
Strategic Redeployment from Iraq Act''.

SEC. 2. CONGRESSIONAL FINDINGS.

    (a) First Principal Finding.--Ending the war in Iraq is necessary,
however, how the war is ended is of even greater importance for United
States national security, the safety of members of the United States
Armed Forces currently serving in Iraq, and stability in both Iraq and
the Middle East.
    (b) Second Principal Finding.--
            (1) Open-ended commitment is unsustainable.--An open-ended
        United States involvement in Iraq is not in the interest of
        United States national security, and United States military
        forces must be redeployed or risk becoming severely over-
        strained.
            (2) Supporting facts.--
                    (A) Currently, 40 percent of all United States Army
                equipment is in Iraq.
                    (B) There is no Army unit currently in the United
                States in a state of readiness that would permit the
                unit to deploy anywhere another contingency might occur
                in the world.
    (c) Third Principal Finding.--
            (1) Lengthy redeployment process.--Redeployment from Iraq
        will be a lengthy process.
            (2) Supporting facts.--
                    (A) Redeploying approximately 160,000 troops and
                50,000 civilian contractors from Iraq and closing bases
                are logistically challenging, especially during
                conflict.
                    (B) The critical consideration is the closure or
                turnover of the sixty-five Forward Operating Bases held
                by the United States Armed Forces in Iraq.
                    (C) It takes on average 100 days to close just one
                Forward Operating Base, and any decision regarding the
                number of Forward Operating Bases to close at one time
                depends on surrounding strife and the fact that
                receiving facilities in Kuwait to prepare military
                vehicles for shipment to the United States or elsewhere
                can handle only 2 to 2\1/2\ brigade combat teams at a
                time and there are currently 40 brigade combat teams or
                their equivalent in Iraq.
                    (D) Redeployment is the most vulnerable of military
                operations, particularly in this case because
                redeployment will rely on a single road, leading from
                Iraq to Kuwait.
                    (E) For comparison purposes, the removal of 6,300
                members of the Armed Forces from Somalia in 1993 took
                six months and actually required the deployment of
                another 19,000 troops to protect their withdrawal.
                    (F) In view of the logistical challenges, it will
                take at least a year, more likely 15 to 20 months to
                complete redeployment of United States forces from
                Iraq.

SEC. 3. DECLARATIONS OF POLICY.

    (a) First Declaration of Policy.--
            (1) Need for comprehensive regional security plan.--
        Congress declares that it is critical that a comprehensive
        security plan is developed for Iraq and the region that accepts
        the necessity for a deliberate redeployment of United States
        forces from Iraq.
            (2) Supporting details.--
                    (A) A comprehensive security plan is necessary for
                both the safety of United States forces in Iraq and the
                overall national security of the United States.
                    (B) Redeployment would allow large numbers of
                members of the United States Armed Forces to return to
                the United States, while some forces could be deployed
                to areas, such as Afghanistan, where terrorists pose a
                threat to the national security of the United States or
                could remain at existing bases in Kuwait, Bahrain, the
                United Arab Emirates, or Qatar and on aircraft carrier
                and amphibious groups, to protect United States
                interests in the region.
    (b) Second Declaration of Policy.--
            (1) Iraqi assumption of responsibility.--Congress declares
        that a planned end to United States involvement in Iraq will
        serve to force Iraqi leaders to assume responsibility for the
        security and governance of their country while providing Iran
        and Syria the incentive to prevent violence otherwise caused by
        the redeployment of United States forces.
            (2) Supporting details.--
                    (A) The United States intelligence community has
                found that Iran and Syria, currently involved
                destructively in the fighting in Iraq want stability in
                Iraq following redeployment, and can play a
                constructive role in improving security and stability
                in Iraq.
                    (B) Because the redeployment of United States may
                take up to 20 months, there is an opportunity for a
                strategic approach to work diplomatically for political
                accommodation in Iraq with Iran and Syria (as well as
                Saudi Arabia and other countries in the region) during
                that timeframe.
    (c) Third Declaration of Policy.--Congress declares that while a
``date certain'' deadline for the redeployment of United States forces
could force Iraqi leaders to assume responsibility and provide Iran and
Syria the incentive to prevent violence that could result from the
redeployment, a ``goal'' for the redeployment's end instead of a ``date
certain'' is a necessary compromise in order to ensure a strategic
approach for United States security and create a greater level of Iraqi
stability in the aftermath of the redeployment.

SEC. 4. REDEPLOYMENT REQUIREMENTS.

    (a) Redeployment Required.--
            (1) Requirement.--Redeployment of United States Armed
        Forces serving in Iraq as part of Operation Iraqi Freedom shall
        begin within three months after the date of the enactment of
        this Act. Within six months after the date of the enactment of
        this Act, troop levels shall be at least 15,000 below the pre-
        surge level of 130,000 troops.
            (2) Goal.--Except as provided in subsection (b), not later
        than twenty months after the date of the enactment of this Act,
        the goal is that all United States Armed Forces serving in Iraq
        as part of Operation Iraqi Freedom shall be deployed outside of
        Iraq, to locations within the Middle East or Southwest Asia
        regions or to other regions or nations, or returned to the
        United States.
            (3) Purpose and pace of redeployment.--The redeployment
        required by this subsection shall be carried out for the
        purposes of both enhancing global security interests of the
        United States and improving the military readiness of the
        United States. The Secretary of Defense shall ensure that the
        redeployment is carried out at a deliberate, orderly pace that
        allows for the full security of members of the Armed Services.
    (b) Exceptions to Redeployment Requirement.--The redeployment
required by subsection (a) shall not apply to the following:
            (1) Special operations forces and counter-terrorism
        operations.--Special operations forces assigned outside of Iraq
        that conduct either targeted counter-terrorism operations or
        periodic support operations of the Iraqi security forces in
        Iraq.
            (2) Military liaison teams.--Military or civilian personnel
        on military liaison teams involved in military-to-military
        contacts and comparable activities between the United States
        and Iraq, as authorized under section 168 of title 10, United
        States Code.
            (3) Air support.--Members of the Air Force, Navy, and
        Marine Corps assigned to locations outside Iraq for purposes of
        conducting air operations in Iraq (including air operations in
        support of combat operations) to support the Iraqi security
        forces.
            (4) Security for united states diplomatic missions in
        iraq.--Members of the Armed Forces providing security for the
        United States Embassy and other United States diplomatic
        missions in Iraq.
            (5) Defense attache.--Personnel conducting routine
        functions of the Office of Defense Attache.

SEC. 5. LIMITATION ON USE OF FUNDS.

    Effective six months after the date of the enactment of this Act,
funds appropriated or otherwise made available to the Department of
Defense under any provision of law for Operation Iraqi Freedom may not
be obligated or expended to support more than 115,000 members of the
United States Armed Forces within Iraq, with a goal of no funding for
troops in Iraq within twenty months after the date of the enactment of
this Act.

SEC. 6. DIPLOMATIC EFFORTS BY THE UNITED STATES.

    (a) United States Leadership.--The United States should take a
leadership role in diplomatic efforts and negotiations necessary for
countries in the region, including Iran and Syria, to work together to
ensure the long-term stability of Iraq, which is in the best interests
of such countries and the United States.
    (b) International Conference.--The United States should convene an
international conference to bring together countries throughout the
world to provide economic aid for rebuilding the infrastructure of Iraq
and other reconstruction efforts in Iraq that are essential to ensure
the long-term stability of Iraq and America's national security.

Summary: Enhancing America's Security through Strategic Redeployment from Iraq Act - Sets forth the following findings: (1) ending the war in Iraq is necessary, however, how the war is ended is of even greater importance for US national security, the safety US Armed Forces members serving in Iraq, and stability in both Iraq and the Middle East. (2) an open-ended US involvement in Iraq is not in the interest of US national security and US military forces must be redeployed or risk becoming severely overstrained. And (3) redeployment from Iraq will be a lengthy process. Declares that: (1) it is critical that a comprehensive security plan is developed for Iraq and the region that accepts the necessity for a deliberate US redeployment of forces from Iraq. (2) a planned end to US involvement in Iraq will serve to force Iraqi leaders to assume responsibility for security and governance while providing Iran and Syria the incentive to prevent violence otherwise caused by the US redeployment. And (3) a goal for the redeployment's end rather than a date certain end is a necessary compromise to ensure a strategic approach for US security and to create to a greater level of post-redeployment Iraqi stability. States that: (1) with specified exceptions, redeployment of US Armed Forces in Iraq shall begin within three months, and that within six months troop levels shall be at least 15,000 below the pre-surge level of 130,000 troops. And (2) the goal is that all US Armed Forces in Iraq shall be deployed outside of Iraq within 20 months. States that funds for the Department of Defense (DOD) for Operation Iraqi Freedom may not be obligated or expended to support more than 115,000 US Armed Forces members within Iraq, with a goal of no funding for troops in Iraq within 20 months. States that the United States should take a leadership role in diplomatic efforts necessary for countries in the region, including Iran and Syria, to work together to ensure Iraq's long-term stability of Iraq.

To provide a strategic approach to the war in Iraq to enhance the national security interests of the United States both at home and abroad, while ensuring the safety of the United States Armed Forces and ensuring stability in Iraq and the Middle East.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Grow Our Own Directive: Physician
Assistant Employment and Education Act of 2015''.

SEC. 2. PILOT PROGRAM TO PROVIDE EDUCATIONAL ASSISTANCE TO PHYSICIAN
              ASSISTANTS TO BE EMPLOYED AT THE DEPARTMENT OF VETERANS
              AFFAIRS.

    (a) Pilot Program.--
            (1) In general.--The Secretary of Veterans Affairs shall
        carry out a pilot program to be known as the ``Grow Our Own
        Directive'' or ``G.O.O.D.'' pilot program (in this section
        referred to as the ``pilot program'') to provide educational
        assistance to certain former members of the Armed Forces for
        education and training as physician assistants of the
        Department of Veterans Affairs.
            (2) Information on pilot program.--The Secretary shall
        provide information on the pilot program to eligible
        individuals under subsection (b), including information on
        application requirements and a list of entities with which the
        Secretary has partnered under subsection (g).
    (b) Eligible Individuals.--An individual is eligible to participate
in the pilot program if the individual--
            (1) has medical or military health experience gained while
        serving as a member of the Armed Forces;
            (2) has received a certificate, associate degree,
        baccalaureate degree, master's degree, or postbaccalaureate
        training in a science relating to health care;
            (3) has participated in the delivery of health care
        services or related medical services, including participation
        in military training relating to the identification,
        evaluation, treatment, and prevention of diseases and
        disorders; and
            (4) does not have a degree of doctor of medicine, doctor of
        osteopathy, or doctor of dentistry.
    (c) Duration.--The pilot program shall be carried out during the
five-year period beginning on the date that is 180 days after the date
of the enactment of this Act.
    (d) Selection.--
            (1) In general.--The Secretary shall select not less than
        250 eligible individuals under subsection (b) to participate in
        the pilot program.
            (2) Priority for selection.--In selecting individuals to
        participate in the pilot program under paragraph (1), the
        Secretary shall give priority to the following individuals:
                    (A) Individuals who participated in the
                Intermediate Care Technician Pilot Program of the
                Department that was carried out by the Secretary
                between January 2011 and February 2015.
                    (B) Individuals who agree to be employed as a
                physician assistant for the Veterans Health
                Administration at a medical facility of the Department
                located in a community that--
                            (i) is designated as a medically
                        underserved population under section
                        330(b)(3)(A) of the Public Health Service Act
                        (42 U.S.C. 254b(b)(3)(A)); and
                            (ii) is in a State with a per capita
                        population of veterans of more than 9 percent
                        according to the National Center for Veterans
                        Analysis and Statistics and the United States
                        Census Bureau.
    (e) Educational Assistance.--
            (1) In general.--In carrying out the pilot program, the
        Secretary shall provide educational assistance to individuals
        participating in the pilot program, including through the use
        of scholarships, to cover the costs to such individuals of
        obtaining a master's degree in physician assistant studies or a
        similar master's degree.
            (2) Use of existing programs.--In providing educational
        assistance under paragraph (1), the Secretary shall use the
        Department of Veterans Affairs Health Professionals Educational
        Assistance Program under chapter 76 of title 38, United States
        Code, and such other educational assistance programs of the
        Department as the Secretary considers appropriate.
            (3) Use of scholarships.--The Secretary shall provide not
        less than 35 scholarships under the pilot program to
        individuals participating in the pilot program during each year
        in which the pilot program is carried out.
    (f) Period of Obligated Service.--
            (1) In general.--The Secretary shall enter into an
        agreement with each individual participating in the pilot
        program in which such individual agrees to be employed as a
        physician assistant for the Veterans Health Administration for
        a period of obligated service specified in paragraph (2).
            (2) Period specified.--With respect to each individual
        participating in the pilot program, the period of obligated
        service specified in this paragraph for the individual is--
                    (A) if the individual is participating in the pilot
                program through a program described in subsection
                (e)(2) that specifies a period of obligated service,
                the period specified with respect to such program; or
                    (B) if the individual is participating in the pilot
                program other than through a program described in such
                subsection, or if such program does not specify a
                period of obligated service, a period of three years or
                such other period as the Secretary considers
                appropriate for purposes of the pilot program.
    (g) Breach.--
            (1) Liability.--Except as provided in paragraph (2), an
        individual who participates in the pilot program and fails to
        satisfy the period of obligated service under subsection (f)
        shall be liable to the United States, in lieu of such obligated
        service, for the amount that has been paid or is payable to or
        on behalf of the individual under the pilot program, reduced by
        the proportion that the number of days served for completion of
        the period of obligated service bears to the total number of
        days in the period of obligated service of such individual.
            (2) Exception.--If an individual is participating in the
        pilot program through a program described in subsection (e)(2)
        that specifies a period of obligated service, the liability of
        the individual for failing to satisfy the period of obligated
        service under subsection (f) shall be determined as specified
        with respect to such program.
    (h) Mentors.--The Secretary shall ensure that a physician assistant
mentor or mentors are available for individuals participating in the
pilot program at each facility of the Veterans Health Administration at
which a participant in the pilot program is employed.
    (i) Partnerships.--In carrying out the pilot program, the Secretary
shall seek to partner with the following:
            (1) Not less than 15 institutions of higher education
        that--
                    (A) offer a master's degree program in physician
                assistant studies or a similar area of study that is
                accredited by the Accreditation Review Commission on
                Education for the Physician Assistant; and
                    (B) agree--
                            (i) to guarantee seats in such master's
                        degree program for individuals participating in
                        the pilot program who meet the entrance
                        requirements for such master's degree program;
                        and
                            (ii) to provide individuals participating
                        in the pilot program with information on
                        admissions criteria and the admissions process.
            (2) Other institutions of higher education that offer
        programs in physician assistant studies or other similar areas
        of studies that are accredited by the Accreditation Review
        Commission on Education for the Physician Assistant.
            (3) The Transition Assistance Program of the Department of
        Defense.
            (4) The Veterans' Employment and Training Service of the
        Department of Labor.
            (5) Programs carried out under chapter 41 of title 38,
        United State Code, for the purpose of marketing and advertising
        the pilot program to veterans and members of the Armed Forces
        who may be interested in the pilot program.
    (j) Administration of Pilot Program.--For purposes of carrying out
the pilot program, the Secretary shall appoint or select within the
Office of Physician Assistant Services of the Veterans Health
Administration the following:
            (1) A Deputy Director for Education and Career Development
        of Physician Assistants who--
                    (A) is a physician assistant, a veteran, and
                employed by the Department as of the date of the
                enactment of this Act;
                    (B) is responsible for--
                            (i) overseeing the pilot program;
                            (ii) recruiting candidates to participate
                        in the pilot program;
                            (iii) coordinating with individuals
                        participating in the pilot program and
                        assisting those individuals in applying and
                        being admitted to a master's degree program
                        under the pilot program; and
                            (iv) providing information to eligible
                        individuals under subsection (b) with respect
                        to the pilot program; and
                    (C) may be employed in the field at a medical
                center of the Department.
            (2) A Deputy Director of Recruitment and Retention who--
                    (A) is a physician assistant, a veteran, and
                employed by the Department as of the date of the
                enactment of this Act;
                    (B) is responsible for--
                            (i) identifying and coordinating the needs
                        of the pilot program and assist the Secretary
                        in providing mentors under subsection (h) to
                        participants in the pilot program; and
                            (ii) coordinating the staff of facilities
                        of the Veterans Health Administration with
                        respect to identifying employment positions and
                        mentors under subsection (h) for participants
                        in the pilot program; and
                    (C) may be employed in the field at a medical
                center of the Department.
            (3) A recruiter who--
                    (A) reports directly to the Deputy Director of
                Recruitment and Retention; and
                    (B) works with the Workforce Management and
                Consulting Office and the Healthcare Talent Management
                Office of the Veterans Health Administration to develop
                and implement national recruiting strategic plans for
                the recruitment and retention of physician assistants
                within the Department.
            (4) An administrative assistant, compensated at a rate not
        less than level GS-6 of the General Schedule, or equivalent,
        who assists with administrative duties relating to the pilot
        program in the Office of Physician Assistant Services and such
        other duties as determined by the Secretary to ensure that the
        Office runs effectively and efficiently.
    (k) Report.--
            (1) In general.--Not later than one year after the date of
        the enactment of this Act, the Secretary of Veterans Affairs,
        in collaboration with the Secretary of Labor, the Secretary of
        Defense, and the Secretary of Health and Human Services, shall
        submit to Congress a report on the pilot program.
            (2) Elements.--The report required by paragraph (1) shall
        include the following:
                    (A) The extent to which the pilot program is
                effective in improving the ability of eligible
                individuals under subsection (b) to become physician
                assistants.
                    (B) An examination of whether the pilot program is
                achieving the goals of--
                            (i) enabling individuals to build on
                        medical skills gained as members of the Armed
                        Forces by entering into the physician assistant
                        workforce of the Department; and
                            (ii) helping to meet the shortage of
                        physician assistants employed by the
                        Department.
                    (C) An identification of such modifications to the
                pilot program as the Secretary of Veterans Affairs, the
                Secretary of Labor, the Secretary of Defense, and the
                Secretary of Health and Human Services consider
                necessary to meet the goals described in subparagraph
                (B).
                    (D) An assessment of whether the pilot program
                could serve as a model for other programs of the
                Department to assist individuals in obtaining
                certification and employment in other health care
                fields.
    (l) Source of Amounts.--Not less than $8,000,000 of the amount
necessary to carry out the pilot program shall be derived from amounts
appropriated to the Department of Veterans Affairs before the date of
the enactment of this Act.

SEC. 3. ESTABLISHMENT OF STANDARDS FOR THE DEPARTMENT OF VETERANS
              AFFAIRS FOR USING EDUCATIONAL ASSISTANCE PROGRAMS TO
              EDUCATE AND HIRE PHYSICIAN ASSISTANTS.

    (a) In General.--The Secretary of Veterans Affairs shall establish
standards described in subsection (b) to improve the use by the
Department of Veterans Affairs of the Department of Veterans Affairs
Health Professionals Educational Assistance Program under chapter 76 of
title 38, United States Code, and other educational assistance programs
of the Department, including the pilot program under section 2, to
educate and hire physician assistants of the Department.
    (b) Standards.--The standards described in this subsection are the
following:
            (1) Holding directors of medical centers of the Department
        accountable for failure to use the educational assistance
        programs described in subsection (a) and other incentives--
                    (A) to advance employees of the Department in their
                education as physician assistants; and
                    (B) to improve recruitment and retention of
                physician assistants.
            (2) Ensuring that the Department of Veterans Affairs
        Education Debt Reduction Program under subchapter VII of
        chapter 76 of such title is available for participants in the
        pilot program under section 2 to fill vacant physician
        assistant positions at the Department, including by--
                    (A) including in all vacancy announcements for
                physician assistant positions the availability of the
                Education Debt Reduction Program; and
                    (B) informing applicants to physician assistant
                positions of their eligibility for the Education Debt
                Reduction Program.
            (3) Monitoring compliance with the application process for
        educational assistance programs described in subsection (a) to
        ensure that such programs are being fully utilized to carry out
        this section.
            (4) Creating programs, including through the use of the
        Department of Veterans Affairs Employee Incentive Scholarship
        Program under subchapter VI of chapter 76 of such title, to
        encourage employees of the Department to apply to accredited
        physician assistant programs.
    (c) Regulations.--The Secretary shall prescribe such regulations as
the Secretary considers appropriate to carry out this section.

SEC. 4. ESTABLISHMENT OF PAY GRADES FOR PHYSICIAN ASSISTANTS OF THE
              DEPARTMENT OF VETERANS AFFAIRS AND REQUIREMENT TO PROVIDE
              COMPETITIVE PAY.

    (a) Establishment of Pay Grades.--Section 7404(b) of title 38,
United States Code, is amended by adding at the end the following:

``PHYSICIAN ASSISTANT SCHEDULE
``Physician Assistant IV.
``Physician Assistant III.
``Physician Assistant II.
``Physician Assistant I.''.
    (b) Competitive Pay.--Section 7451(a)(2) of such title is amended--
            (1) by redesignating subparagraph (B) as subparagraph (C);
            (2) by inserting after subparagraph (A) the following new
        subparagraph (B):
                    ``(B) Physician assistant.''; and
            (3) in subparagraph (C), as redesignated by paragraph (1),
        by striking ``and registered nurse'' and inserting ``registered
        nurse, and physician assistant''.
    (c) National Strategic Plan.--
            (1) In general.--The Secretary of Veterans Affairs shall
        implement a national strategic plan for the retention and
        recruitment of physician assistants of the Department of
        Veterans Affairs that includes the establishment and adoption
        of standards for the provision of competitive pay to physician
        assistants of the Department in comparison to the pay of
        physician assistants in the private sector.
            (2) Report.--Not later than one year after the date of the
        enactment of this Act, 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 report
        on the implementation of the national strategic plan under
        paragraph (1).

Summary: Grow Our Own Directive: Physician Assistant Employment and Education Act of 2015 This bill directs the Department of Veterans Affairs (VA) to carry out the Grow Our Own Directive or G. O. O. D. pilot program to provide educational assistance to certain former members of the Armed Forces for education and training as VA physician assistants. An individual is eligible to participate in the program if the individual: has medical or military health experience gained while serving in the Armed Forces. Has received a certificate, associate degree, baccalaureate degree, master's degree, or postbaccalaureate training in a science relating to health care. Has participated in the delivery of health care services or related medical services. And does not have a degree of doctor of medicine, doctor of osteopathy, or doctor of dentistry. The VA shall: provide educational assistance to program participants for the costs of obtaining a master's degree in physician assistant studies or a similar master's degree, ensure that mentors are available for program participants at each VA facility at which a participant is employed, and seek to partner with specified government programs and with appropriate educational institutions that offer degrees in physician assistant studies. The VA shall: establish specified standards to improve the education and and hiring of VA physician assistants, and implement a national plan for the retention and recruitment of VA physician assistants that includes the adoption of competitive pay standards. VA physician assistant pay grades are established.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Homeland Security Volunteerism
Enhancement Act of 2005''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--The Congress finds the following:
            (1) The tragic events of September 11, 2001 demonstrated
        the need for citizen preparedness to prevent and respond to
        acts of terrorism.
            (2) The people of the United States responded to the tragic
        events of September 11, 2001 with courage and compassion as
        well as a renewed commitment and desire to help others.
            (3) The changing threat and issues that face the Nation
        call for the mobilization and effective use of citizenry in
        times of need.
            (4) Existing volunteer organizations, including the Coast
        Guard Auxiliary, have been very successful in providing a wide
        range of administrative and operational opportunities for
        citizen participation.
    (b) Purpose.--The purpose of this Act is to authorize the Secretary
of Homeland Security to recruit and use volunteers to support homeland
security efforts.

SEC. 3. CITIZEN CORPS; BORDER CORPS.

    (a) In General.--Subtitle H of title VIII of the Homeland Security
Act of 2002 (6 U.S.C. 451 et seq.) is amended by adding at the end the
following:

``SEC. 890A. CITIZEN CORPS.

    ``(a) Establishment.--The Secretary shall establish, as a component
of the USA Freedom Corps established by Executive Order 13254, a
program to be known as the `Citizen Corps' to coordinate homeland
security volunteer activities.
    ``(b) Office of State and Local Government Coordination and
Preparedness.--The Citizen Corps shall be headed by the Director of the
Office of State and Local Government Coordination and Preparedness.
    ``(c) Volunteer Authority.--As part of the Citizen Corps
established in subsection (a), the Secretary may recruit, train, and
accept the services of volunteers notwithstanding section 1342 of title
31, United States Code.

``SEC. 890B. BORDER CORPS.

    ``(a) Establishment.--The Secretary shall establish a Border Corps,
to be administered by the Commissioner of the Bureau of Customs and
Border Protection. The Border Corps shall be an organization under the
Citizen Corps. The Secretary shall recruit, train, and accept for
enrollment the members of the Border Corps.
    ``(b) Volunteers.--Members of the Border Corps shall be volunteers
who agree to contribute services without compensation. Section 1342 of
title 31, United States Code, shall not apply to the acceptance of
voluntary services by members of the Border Corps.
    ``(c) Duties.--
            ``(1) In general.--The Border Corps shall assist the United
        States Border Patrol in carrying out its mission, to the extent
        authorized by the Secretary.
            ``(2) Focus.--Members of the Border Corps shall be assigned
        duties primarily in the areas of surveillance (responding to
        electronic sensor alarms and aircraft sightings, manning remote
        video surveillance camera systems), communications (using
        radio, cellular, and satellite communications equipment to
        assist Border Patrol agents in rapid response), transportation,
        and administrative support.
            ``(3) Additional duties.--Members of the Border Corps may
        also assist the Border Patrol in the following areas of United
        States Border Patrol operations:
                    ``(A) Line watch operations to prevent illegal
                entry and smuggling.
                    ``(B) Signcutting operations to detect and
                interpret disturbances in natural terrain conditions
                that indicate the presence or passage of people,
                animals, or vehicles.
                    ``(C) Traffic checkpoints to detect aliens
                unlawfully traveling into the interior of the United
                States and to detect illegal narcotics.
                    ``(D) Air operations.
                    ``(E) Marine patrol.
                    ``(F) Horse and bike patrol.
    ``(d) Status.--
            ``(1) Not federal employees.--Except as otherwise provided
        in this subsection, a volunteer shall not be deemed a Federal
        employee and shall not be subject to the provisions of law
        relating to Federal employment, including those provisions
        relating to hours of work, rates of compensation, leave,
        unemployment compensation, and Federal employee benefits.
            ``(2) Exceptions.--A member of the Border Corps while
        assigned to duty shall be deemed to be a Federal employee only
        for the following purposes:
                    ``(A) Chapter 26 of title 28, United States Code.
                    ``(B) Subchapter I of chapter 81 of title 5, United
                States Code.
                    ``(C) Claims relating to damage to, or loss of,
                personal property of a volunteer incident to volunteer
                service, in which case the provisions of section 3721
                of title 31, United States Code, shall apply.
            ``(3) Standards.--Nothing in this subsection shall
        constrain the Secretary from prescribing standards for the
        conduct and behavior of members of the Border Corps.
    ``(e) Eligibility.--
            ``(1) In general.--All citizens and legal permanent
        residents of the United States over 18 years of age shall be
        eligible to serve in the Border Corps.
            ``(2) Background check.--All volunteers must undergo a
        background check in accordance with procedures established by
        the Secretary.
    ``(f) Training.--The Secretary shall create a training and
certification program for Border Corps volunteers in accordance with
the specific tasks and functions in which they participate.
    ``(g) Travel Expenses.--When any member of the Border Corps is
assigned to such duty the member may, pursuant to regulations issued by
the Secretary, be paid actual necessary traveling expenses, including a
per diem allowance in lieu of subsistence in conformity with
standardized Federal Government travel regulations, while traveling and
while on duty away from home. No per diem shall be paid for any period
during which quarters and subsistence in kind are furnished by the
Federal Government.
    ``(h) Disenrollment.--Members of the Border Corps may be
disenrolled at any time, with or without cause, by the Secretary or the
member.
    ``(i) Border Patrol Staffing.--
            ``(1) In general.--In accepting the services of individuals
        as volunteers through the Border Corps program, the Secretary
        shall not permit the use of volunteers to displace any
        employee.
            ``(2) Authorization for increase in border patrol agents.--
        The Secretary shall increase the number of full-time active-
        duty Border Patrol agents in accordance with section 5202 of
        the Intelligence Reform and Terrorism Prevention Act of 2004
        (Public Law 108-458; 118 Stat. 3734).''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of
such Act is amended by adding after the item relating to section 890
the following:

``Sec. 890A. Citizen corps.
``Sec. 890B. Border corps.''.

SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

    (a) Citizen Corps.--There are authorized to be appropriated to
carry out section 890A of the Homeland Security Act of 2002, as added
by section 3 of this Act, $50,000,000 for each of fiscal years 2007
through 2012.
    (b) Border Corps.--There are authorized to be appropriated to carry
out section 890B of the Homeland Security Act of 2002, as added by
section 3 of this Act, $20,000,000 for each of fiscal years 2007
through 2012.

Summary: Homeland Security Volunteerism Enhancement Act of 2005 - Amends the Homeland Security Act of 2002 to direct the Secretary of Homeland Security to establish: (1) a Citizens Corps, as a component of the USA Freedom Corps, to coordinate homeland security volunteer activities. And (2) a Border Corps as a volunteer organization to assist the US Border Patrol in carrying out its mission.

To amend the Homeland Security Act of 2002 to authorize the Citizen Corps and establish the Border Corps, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Confidential Information Protection
Act''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds the following:
            (1) Consumers, citizens, businesses, and other
        organizations have varying degrees of legal protection when
        providing information to the Federal Government for strictly
        statistical purposes.
            (2) The integrity and credibility of pledges of
        confidentiality by the Federal Government provide assurances to
        the public that information about individuals or organizations
        or provided by individuals or organizations for exclusively
        statistical purposes will be held in confidence and will not be
        used against such individuals or organizations in any Federal
        Government action.
            (3) Protecting the privacy and confidentiality interests of
        individuals or organizations who provide information for
        Federal statistical programs serves both the interests of the
        public and the needs of society.
            (4) Declining trust of the public in the protection of
        information provided to the Federal Government adversely
        affects both the accuracy and completeness of statistical
        analyses.
            (5) Ensuring that information provided for statistical
        purposes receives protection is essential in continuing public
        cooperation in statistical programs.
    (b) Purposes.--The purposes of this Act are the following:
            (1) To ensure that information supplied by individuals or
        organizations to an agency for statistical purposes is used
        exclusively for statistical purposes.
            (2) To ensure that individuals or organizations who supply
        information to the Federal Government for statistical purposes
        will not have that information disclosed in identifiable form
        for any purpose other than a statistical purpose, without the
        consent of such individuals or organizations.
            (3) To safeguard the confidentiality of individually
        identifiable information acquired for statistical purposes by
        controlling access to, and uses made of, such information.
            (4) To respect the rights and privileges of the public by
        observing and promoting fair information practices.

SEC. 3. DEFINITIONS.

    As used in this Act:
            (1) The term ``respondent'' means a person who, or
        organization that, is requested or required to supply
        information to an agency, is the subject of information
        requested or required to be supplied to an agency, or provides
        that information to an agency.
            (2) The term ``identifiable form'' means any representation
        of information that permits information concerning individual
        subjects to be reasonably inferred by either direct or indirect
        means.
            (3) The term ``nonstatistical purpose'' means use of data
        in identifiable form for any purpose that is not a statistical
        purpose, and includes any administrative, regulatory, law
        enforcement, adjudicatory, or other purpose that affects the
        rights, privileges, or benefits of a particular identifiable
        respondent.
            (4) The term ``agency'' means any entity that falls within
        the definition of the term ``executive agency'' as defined in
        section 102 of title 31, United States Code, or ``agency'', as
        defined in section 3502 of title 44, United States Code.
            (5) The term ``statistical purpose''--
                    (A) means the description, estimation, or analysis
                of the characteristics of groups without regard to the
                identities of individuals or organizations that
                comprise such groups; and
                    (B) includes the development, implementation, or
                maintenance of methods, technical or administrative
                procedures, or information resources that support the
                purposes described in subparagraph (A).
            (6) The term ``statistical agency or unit'' means an agency
        or organizational unit of the executive branch whose activities
        are predominantly the collection, compilation, processing, or
        analysis of information for statistical purposes.
            (7) The term ``agent'' means a person designated by an
        executive agency to perform, either in the capacity of a
        Federal employee or otherwise, exclusively statistical
        activities under the supervision or control of an officer or
        employee of that agency, who agrees in writing to comply with
        all provisions of law that affect information acquired by that
        agency.

SEC. 4. LIMITATIONS ON USE AND DISCLOSURE OF DATA AND INFORMATION.

    (a) Use of Statistical Data or Information.--Data or information
acquired by an agency for exclusively statistical purposes shall be
used by the agency only for statistical purposes.
    (b) Disclosure of Statistical Data or Information.--Data or
information acquired by an agency for exclusively statistical purposes
shall not be disclosed by an agency in identifiable form, for any
purpose other than a statistical purpose, without the informed consent
of the respondent.
    (c) Rule for Use of Data or Information for Nonstatistical
Purposes.--A statistical agency or unit shall clearly distinguish any
data or information it collects for nonstatistical purposes (as
authorized by law) by a rule that provides that the respondent
supplying the data or information is fully informed, before the data or
information is collected, that the data or information will be used for
nonstatistical purposes.
    (d) Designation of Agents.--A statistical agency or unit may
designate agents who may perform exclusively statistical activities,
subject to the limitations and penalties described in this Act.

SEC. 5. COORDINATION AND OVERSIGHT OF POLICIES.

    (a) In General.--The Director of the Office of Management and
Budget shall coordinate and oversee the confidentiality and disclosure
policies established by this Act.
    (b) Review and Approval of Rules.--The Director shall review any
rules proposed by an agency pursuant to this Act for consistency with
the provisions of this Act and chapter 35 of title 44, United States
Code, and such rules shall be subject to the approval of the Director.

SEC. 6. EFFECT ON OTHER LAWS.

    (a) Title 44, U.S.C.--This Act does not diminish the authority
under section 3510 of title 44, United States Code, of the Director of
the Office of Management and Budget to direct, and of an agency to
make, disclosures that are not inconsistent with any applicable law.
    (b) Exemption From Freedom of Information Act.--Data or information
acquired for exclusively statistical purposes as described in section 4
is exempt from mandatory disclosure under section 552 of title 5,
United States Code, pursuant to section 552(b)(3) of such title.
    (c) Preemption of State Law.--Nothing in this Act shall preempt
applicable State law regarding the confidentiality of data collected by
the States.
    (d) Construction.--Nothing in this Act shall be construed as
restricting or diminishing any confidentiality protections that
otherwise apply to data or information collected for statistical
purposes or nonstatistical purposes.

SEC. 7. DISCLOSURE PENALTIES.

    An officer, employee, or agent of an agency who knowingly, without
the informed consent of the respondent, discloses in identifiable form,
for any purpose other than a statistical purpose, data or information
acquired by an agency for an exclusively statistical purpose, shall be
found guilty of a class E felony and imprisoned for not more than 5
years, or fined not more than $250,000, or both.

Summary: Confidential Information Protection Act - Requires data or information acquired by executive agencies for exclusively statistical purposes to be used only for such purposes. Prohibits data or information acquired by an agency for such purposes from being disclosed in identifiable form, for any purpose other than such a purpose, without the informed consent of the respondent. Requires a statistical agency to clearly distinguish any data or information it collects for nonstatistical purposes by a rule that provides that the respondent is fully informed that the information to be collected will be used for such purposes. Requires: (1) the Director of the Office of Management and Budget to coordinate and oversee such confidentiality and disclosure policies. And (2) any rules proposed by an agency pursuant to this Act to be subject to the Director's review and approval. Exempts data or information acquired for exclusively statistical purposes from mandatory disclosure under the Freedom of Information Act. Provides that this Act does not preempt applicable State law regarding the confidentiality of data collected by the States. Sets forth penalties for violations of this Act.

To protect the confidentiality of information acquired from the public for statistical purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Employee Right to Choose Act of
2003''.

SEC. 2. STREAMLINING UNIONIZATION PROCESS.

    The National Labor Relations Act (29 U.S.C. 151 et seq.) is
amended--
            (1) in section 3(b), in the second sentence--
                    (A) by striking ``and to'' and inserting ``to'';
                and
                    (B) by striking ``and certify the results
                thereof,'' and inserting ``, and to make the
                certifications provided for in section 9,'';
            (2) in section 8--
                    (A) in subsection (b)(7)(C), in the first proviso--
                            (i) by striking ``the provisions of section
                        9(c)(1) or''; and
                            (ii) by striking ``direct an election in
                        such unit as the Board finds to be appropriate
                        and shall certify the results thereof'' and
                        inserting ``process the petition in accordance
                        with section 9(c)(1)''; and
                    (B) by striking subsection (d) and inserting the
                following:
    ``(d) Collective Bargaining.--
            ``(1) In general.--For the purposes of this section, to
        bargain collectively is the performance of the mutual
        obligation of the employer and the representative of the
        employees to meet at reasonable times and confer in good faith
        with respect to wages, hours, and other terms and conditions of
        employment, or the negotiation of an agreement, or any question
        arising thereunder, and the execution of a written contract
        incorporating any agreement reached if requested by either
        party, but such obligation does not compel either party to
        agree to a proposal or require the making of a concession:
        Provided, That where there is in effect a collective-bargaining
        contract covering employees in an industry affecting commerce,
        the duty to bargain collectively shall also mean that no party
        to such contract shall terminate or modify such contract,
        unless the party desiring such termination or modification--
                    ``(A) serves a written notice upon the other party
                to the contract of the proposed termination or
                modification 60 days prior to the expiration date
                thereof, or in the event such contract contains no
                expiration date, 60 days prior to the time it is
                proposed to make such termination or modification;
                    ``(B) offers to meet and confer with the other
                party for the purpose of negotiating a new contract or
                a contract containing the proposed modifications;
                    ``(C) notifies the Federal Mediation and
                Conciliation Service within 30 days after such notice
                of the existence of a dispute, and simultaneously
                therewith notifies any State or Territorial agency
                established to mediate and conciliate disputes within
                the State or Territory where the dispute occurred,
                provided no agreement has been reached by that time;
                and
                    ``(D) continues in full force and effect, without
                resorting to strike or lock-out, all the terms and
                conditions of the existing contract for a period of 60
                days after such notice is given or until the expiration
                date of such contract, whichever occurs later:
        The duties imposed upon employers, employees, and labor
        organizations by subparagraphs (B), (C), and (D) shall become
        inapplicable upon an intervening certification of the Board,
        under which the labor organization or individual, which is a
        party to the contract, has been superseded as or ceased to be
        the representative of the employees subject to the provisions
        of section 9(a), and the duties so imposed shall not be
        construed as requiring either party to discuss or agree to any
        modification of the terms and conditions contained in a
        contract for a fixed period, if such modification is to become
        effective before such terms and conditions can be reopened
        under the provisions of the contract. Any employee who engages
        in a strike within any notice period specified in this
        subsection, or who engages in any strike within the appropriate
        period specified in subsection (g), shall lose his status as an
        employee of the employer engaged in the particular labor
        dispute, for the purposes of sections 8, 9, and 10 of this Act,
        as amended, but such loss of status for such employee shall
        terminate if and when he is reemployed by such employer.
            ``(2) Bargaining for employees of a health care
        institution.--Whenever the collective bargaining involves
        employees of a health care institution, the provisions of this
        subsection shall be modified as follows:
                    ``(A) The notice of paragraph (1)(A) shall be 90
                days; the notice of paragraph (1)(C) shall be 60 days;
                and the contract period of paragraph (1)(D) shall be 90
                days.
                    ``(B) Where the bargaining is for an initial
                agreement following certification or recognition, at
                least 30 days' notice of the existence of a dispute
                shall be given by the labor organization to the
                agencies set forth in paragraph (1)(C).
                    ``(C) After notice is given to the Federal
                Mediation and Conciliation Service under either clause
                (A) or (B) of this sentence, the Service shall promptly
                communicate with the parties and use its best efforts,
                by mediation and conciliation, to bring them to
                agreement. The parties shall participate fully and
                promptly in such meetings as may be undertaken by the
                Service for the purpose of aiding in a settlement of
                the dispute.
            ``(3) Bargaining for an initial agreement.--Whenever the
        collective bargaining is for an initial agreement following
        certification or recognition, the provisions of this subsection
        shall be modified as follows:
                    ``(A) Not later than 10 days after receiving a
                written request for collective bargaining from an
                individual or labor organization that has been newly
                recognized or certified as a representative, as
                described in section 9(a), or within such further
                period as the parties agree upon, the parties shall
                meet and commence to bargain collectively and shall
                make every reasonable effort to conclude and sign a
                collective bargaining agreement.
                    ``(B) If after 180 days from the commencement of
                bargaining, or such further period as the parties agree
                upon, the parties have failed to reach an agreement,
                either party may notify the Federal Mediation and
                Conciliation Service of the existence of a dispute and
                request mediation. Whenever such a request is received,
                it shall be the duty of the Service promptly to put
                itself in communication with the parties and to use its
                best efforts, by mediation and conciliation, to bring
                the parties to agreement.
                    ``(C) If after 30 days from the request for
                mediation, or such further period as the parties agree
                upon, the Service is not able to bring the parties to
                agreement by conciliation, the Service shall refer the
                dispute to an arbitration board established in
                accordance with such regulations as may be prescribed
                by the Service. The arbitration panel shall render a
                decision settling the dispute and such decision shall
                be binding upon the parties for a period of 2 years,
                unless amended during such period by written consent of
                the parties.''; and
            (3) in section 9--
                    (A) by striking subsection (c) and inserting the
                following:
    ``(c) Hearings on Questions Affecting Commerce; Rules and
Regulations.--
            ``(1) In general.--Whenever a petition shall have been
        filed, in accordance with such regulations as may be prescribed
        by the Board--
                    ``(A) by an employee or group of employees or any
                individual or labor organization acting in their behalf
                alleging that a substantial number of employees wish to
                be represented for collective bargaining and that their
                employer declines to recognize their representative as
                the representative described in subsection (a); or
                    ``(B) by an employer, alleging that an individual
                or labor organization has presented to the employer a
                claim to be recognized as the representative described
                in subsection (a),
        the Board shall investigate such petition and if the Board has
        reasonable cause to believe that a question of representation
        affecting commerce exists, shall provide for an appropriate
        hearing upon due notice. Such hearing may be conducted by an
        officer or employee of the regional office, who shall not make
        any recommendations with respect thereto. If the Board finds
        upon the record of such hearing that such a question of
        representation exists, the Board shall direct an election by
        secret ballot and shall certify the results thereof: Provided,
        That if the Board finds that, as of the date of the filing of
        the petition or such other date as the Board considers
        appropriate, a majority of the employees in a unit appropriate
        for collective bargaining have signed authorizations
        designating the individual or labor organization specified in
        the petition as their bargaining representative, and there is
        no other individual or labor organization that has been so
        designated by 30 percent or more of the employees, the Board
        shall not direct an election but shall certify the individual
        or labor organization as the representative described in
        subsection (a).
            ``(2) Individual or labor organization no longer
        representative.--Whenever a petition shall have been filed, in
        accordance with such regulations as may be prescribed by the
        Board by an employee or group of employees or any individual or
        labor organization acting in their behalf alleging that a
        substantial number of employees assert that the individual or
        labor organization, which has been certified or is being
        currently recognized by their employer as the bargaining
        representative, is no longer a representative as described in
        subsection (a), the Board shall investigate such petition and
        if the Board has reasonable cause to believe that a question of
        representation affecting commerce exists shall provide for an
        appropriate hearing upon due notice. Such hearing may be
        conducted by an officer or employee of the regional office, who
        shall not make any recommendations with respect thereto. If the
        Board finds upon the record of such hearing that such a
        question of representation exists, it shall direct an election
        by secret ballot and shall certify the results thereof.
            ``(3) Regulations and rules of decision.--In determining
        whether or not a question of representation affecting commerce
        exists, the same regulations and rules of decision shall apply
        irrespective of the identity of the persons filing the petition
        or the kind of relief sought and in no case shall the Board
        deny a labor organization a place on the ballot by reason of an
        order with respect to such labor organization or its
        predecessor not issued in conformity with section 10(c).
            ``(4) Limitation on election.--No election shall be
        directed in any bargaining unit or any subdivision within
        which, in the preceding 12-month period, a valid election shall
        have been held, and no bargaining representative shall be
        certified on the basis of a showing of majority support
        obtained within the 12-month period following such an election.
        Employees engaged in an economic strike who are not entitled to
        reinstatement shall be eligible to vote under such regulations
        as the Board shall find are consistent with the purposes and
        provisions of this subchapter in any election conducted within
        12 months after the commencement of the strike. In any election
        where none of the choices on the ballot receives a majority, a
        run-off shall be conducted, the ballot providing for a
        selection between the 2 choices receiving the largest and
        second largest number of valid votes cast in the election.
            ``(5) Rule of construction.--Nothing in this section shall
        be construed to prohibit the waiving of hearings by stipulation
        for the purpose of a consent election in conformity with
        regulations and rules of decision of the Board.
            ``(6) Determination of appropriate unit.--In determining
        whether a unit is appropriate for the purposes specified in
        subsection (b), the extent to which the employees have
        organized shall not be controlling.
            ``(7) Guidelines and procedures.--The Board shall develop
        guidelines and procedures for the designation by employees of a
        bargaining representative as described in subsection (a). Such
        guidelines and procedures shall include--
                    ``(A) model collective bargaining authorization
                language that may be used for purposes of making the
                designations described in paragraph (1); and
                    ``(B) procedures to be used by the Board to
                establish the authenticity of signed authorizations
                designating bargaining representatives.''; and
                    (B) by striking subsection (e).

SEC. 3. CONFORMING AMENDMENTS.

    Section 8 of the National Labor Relations Act (29 U.S.C. 158) is
amended--
            (1) in subsection (a)(3)(ii), by striking ``section 9(e)''
        and inserting ``section 9(c)(1)''; and
            (2) in subsection (f), by striking ``9(e)'' and inserting
        ``9(c)(1)''.

Summary: Employee Right to Choose Act of 2003 - Amends the National Labor Relations Act to revise collective bargaining requirements with respect to bargaining for an initial agreement to require generally shorter deadlines for commencement of bargaining, requests for mediation, and referrals of a dispute to arbitration. Requires certification of a bargaining representative without election if a majority of the bargaining unit employees have authorized designation of the representative and there is no other individual or labor organization so designated by 30 percent or more of the employees. Repeals the requirement for a secret ballot vote on rescission of the authority of a collective bargaining agreement upon petition by 30 percent or more of covered bargaining unit employees.

To amend the National Labor Relations Act to establish an efficient system to enable employees to form or become members of labor organizations, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Gas Pump Access Act of 2016''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) The technical assistance materials for the Americans
        with Disabilities Act of 1990 of the Department of Justice
        requires gas stations, including those offering self-service,
        to provide equal access for their customers with disabilities.
            (2) Customers with disabilities are advised that they can
        obtain refueling assistance by either honking or otherwise
        signaling an employee.
            (3) The Americans with Disabilities Act of 1990 requires
        self-service gas stations to provide refueling assistance upon
        the request of a qualified person with a disability if there is
        more than one attendant on duty at the station. Such service is
        provided without any charge beyond the self-service price.
            (4) A qualified person with a disability is described as a
        person to whom an accessible or disabled parking permit has
        been issued or a person who is in legal possession of a
        specialized motor vehicle license plate indicating that the
        owner is a person with a disability.
            (5) History has shown that these methods to attract
        refueling assistance are not effective. Throughout the United
        States, individuals with disabilities who need gas pumping
        assistance at gas stations or convenience stores do not
        generally receive such assistance when they honk their horns,
        flash their headlights, or otherwise signal to attract the
        attention of an attendant inside the facility. This is not
        considered equal access under the Americans with Disabilities
        Act of 1990.
            (6) In 2014, the State of Florida enacted House Bill 7005,
        which requires phone numbers to be placed on all gas pumps not
        later than two years after July 1, 2014. This requirement
        allows qualified individuals with disabilities to call on their
        cell phones for free gas pumping assistance. However, should
        such refueling assistance be requested during times when a
        second attendant is not present at a self-service gasoline
        station, the Florida gas station retailer is not required to
        provide the requested assistance and will inform the caller.
        History has proven this to be a simple, inexpensive, common
        sense, effective solution that is favored by both customers
        with disabilities and the petroleum and convenience store
        industries.
            (7) Today, unlike in 1990, almost everyone owns a cell
        phone. Owning a cell phone is a safety measure for drivers with
        disabilities in case their vehicle breaks down on the road.

SEC. 3. PURPOSE.

    The purpose of this Act is to provide accessibility to gas stations
by ensuring that it will be considered discrimination under the
Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) for a
gas station to fail to display a phone number to call for assistance on
each self-service gas pump of the gas station.

SEC. 4. ACCESSIBILITY.

    (a) Notification Requirement.--
            (1) In general.--It shall be considered discrimination for
        purposes of section 302 of the Americans with Disabilities Act
        of 1990 (42 U.S.C. 12182) for a gas station or convenience
        store to fail to clearly display at each self-service gas pump
        a decal that--
                    (A) is at least 15 square inches in size;
                    (B) has a blue background;
                    (C) includes the telephone number of the gas
                station or convenience store at which such pump is
                located and the words ``Call for Assistance'' in
                printed white text; and
                    (D) includes the International Symbol of
                Accessibility.
            (2) Operational telephone.--With respect to the telephone
        number indicated on the decal, it shall be considered
        discrimination for purposes of section 302 of the Americans
        with Disabilities Act of 1990 (42 U.S.C. 12182) if the phone
        connected to such number is not operational and answered
        directly by an employee of the gas station retailer during the
        hours the gas station retailer is open for business to the
        public.
    (b) Assistance.--
            (1) Two or more attendants.--It shall be considered
        discrimination for purposes of section 302 of the Americans
        with Disabilities Act of 1990 (42 U.S.C. 12182) for a gas
        station or convenience store that is open for business to the
        public with two or more attendants on duty to fail to provide
        gas pumping assistance to a qualified individual with a
        disability who makes a request for such assistance.
            (2) One attendant.--It shall not be considered
        discrimination for purposes of section 302 of the Americans
        with Disabilities Act of 1990 (42 U.S.C. 12182) for a gas
        station or convenience store that is open for business to the
        public with one attendant on duty to fail to provide gas
        pumping assistance to a qualified individual with a disability
        who makes a request for such assistance, if such attendant
        notifies the individual that assistance cannot be provided
        because there is only one attendant on duty.
    (c) Further Accessibility Standards.--Nothing in this section shall
prohibit a unit of local government from adopting an ordinance, or
enforcing an existing ordinance, that expands the accessibility,
safety, or availability of fueling assistance to a motor vehicle
operator with a qualified disability.
    (d) Regulations.--Not later than two years after the date of the
enactment of this Act, the Secretary of Transportation and the Attorney
General shall each promulgate such regulations as are necessary to
ensure compliance with this section.
    (e) Example of Decal Made Publicly Available.--Not later than six
months after the date of the enactment of this Act, the Secretary of
Transportation and the Attorney General shall make a graphic example of
a decal described in subsection (a) publicly available at no cost, in
downloadable format, on the websites of the Department of
Transportation and the Department of Justice, respectively. Such decal
shall have a blank area in which a telephone number may be inserted.

Summary: Gas Pump Access Act of 2016 This bill declares that it shall be a prohibited form of discrimination against individuals with disabilities in a place of public accommodation under the Americans with Disabilities Act of 1990 for a gas station or convenience store to fail to clearly display at each self-service gas pump a decal that includes its telephone number and the words quot, Call for Assistance. quot. A gas station or convenience store that is open for business to the public with at least two attendants on duty must provide gas pumping assistance to a qualified individual with a disability who makes a request for such assistance. But it shall not be considered discrimination for a gas station or convenience store with one attendant on duty to fail to provide such requested gas pumping assistance if such attendant notifies the individual that assistance cannot be provided because there is only one attendant on duty. The Department of Transportation and the Department of Justice must promulgate regulations necessary to ensure compliance with this bill and make graphics for the decals publicly available on their websites.

Gas Pump Access Act of 2016


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Children First Act of 2010''.

SEC. 2. EXCLUSION OF CHILD CARE FROM THE DEFINITION OF TANF ASSISTANCE.

    Section 408(a)(7) of the Social Security Act (42 U.S.C. 608(a)(7))
is amended by adding at the end the following:
                    ``(H) Limitation on meaning of `assistance' for
                families receiving child care.--For purposes of
                subparagraph (A), any funds provided under this part
                that are used to provide child care for a family during
                a month under the State program funded under this part
                shall not be considered assistance under the
                program.''.

SEC. 3. INCREASE IN FUNDING FOR CHILD CARE.

    Section 418(a)(3) of the Social Security Act (42 U.S.C. 618(a)(3))
is amended--
            (1) by striking the period at the end of subparagraph (G)
        and inserting a semicolon; and
            (2) by adding at the end the following:
                    ``(H) $3,717,000,000 for fiscal year 2011;
                    ``(I) $3,773,000,000 for fiscal year 2012;
                    ``(J) $3,841,000,000 for fiscal year 2013;
                    ``(K) $3,917,000,000 for fiscal year 2014; and
                    ``(L) $3,996,000,000 for fiscal year 2015.''.

SEC. 4. APPLICABILITY OF STATE OR LOCAL HEALTH AND SAFETY STANDARDS TO
              OTHER TANF CHILD CARE SPENDING.

    Section 402(a) of the Social Security Act (42 U.S.C. 602(a)) is
amended by adding at the end the following:
            ``(8) Certification of procedures to ensure that child care
        providers comply with applicable state or local health and
        safety standards.--A certification by the chief executive
        officer of the State that procedures are in effect to ensure
        that any child care provider in the State that provides
        services funded through expenditures under this part or with
        qualified State expenditures complies with all applicable State
        or local health and safety requirements as described in section
        658E(c)(2)(F) of the Child Care and Development Block Grant Act
        of 1990.''.

SEC. 5. AVAILABILITY OF CHILD CARE FOR PARENTS REQUIRED TO WORK.

    Section 407(e)(2) of the Social Security Act (42 U.S.C. 607(e)(2))
is amended--
            (1) by inserting ``or other individual with custody'' after
        ``parent''; and
            (2) by striking ``6'' and inserting ``13''.

SEC. 6. APPLICATION OF CHILD CARE AND DEVELOPMENT BLOCK GRANT ACT OF
              1990 REPORTING RULES TO TANF FUNDS EXPENDED FOR CHILD
              CARE.

    (a) In General.--Section 411(a) of the Social Security Act (42
U.S.C. 611(a)) is amended--
            (1) by redesignating paragraph (7) as paragraph (8); and
            (2) by inserting after paragraph (6), the following:
            ``(7) Application of child care and development block grant
        act of 1990 reporting rules to funds expended for child care.--
        Any funds provided under this part that are expended for child
        care, whether or not transferred to the Child Care and
        Development Block Grant Act of 1990, shall be subject to the
        individual and case data reporting requirements imposed under
        that Act and need not be included in the report required by
        paragraph (1) for a fiscal quarter.''.
    (b) Conforming Amendment.--Section 411(a)(1)(A)(ix) of such Act (42
U.S.C. 611(a)(1)(A)(ix)) is amended by striking ``supplemental
nutrition assistance program benefits, or subsidized child care, and if
the latter 2,'' and inserting ``or supplemental nutrition assistance
program benefits, and if the latter,''.

SEC. 7. EFFECTIVE DATE.

    (a) In General.--Subject to subsections (b) and (c), the amendments
made by this Act shall take effect on October 1, 2010, and shall apply
to payments under part A of title IV of the Social Security Act for
calendar quarters beginning on or after such date, without regard to
whether regulations to implement the amendments are promulgated by such
date.
    (b) Application of Reporting Rules.--The amendments made by section
6 shall take effect on October 1, 2011.
    (c) Delay Permitted if State Legislation Required.--In the case of
a State plan under section 402(a) of the Social Security Act which the
Secretary of Health and Human Services determines requires State
legislation (other than legislation appropriating funds) in order for
the plan to meet the additional requirements imposed by the amendments
made by this Act, the State plan shall not be regarded as failing to
comply with the requirements of such section 402(a) solely on the basis
of the failure of the plan to meet such additional requirements before
the 1st day of the 1st calendar quarter beginning after the close of
the 1st regular session of the State legislature that begins after the
date of the enactment of this Act. For purposes of the previous
sentence, in the case of a State that has a 2-year legislative session,
each year of such session shall be deemed to be a separate regular
session of the State legislature.

Summary: Children First Act of 2010 - Amends part A (TANF) of title IV of the Social Security Act (SSA) to: (1) exclude child care assistance from the determination of the five-year limit on TANF assistance. And (2) increase funding for child care. Requires an eligible state's TANF plan to include a certification by the state's chief executive officer that procedures are in effect to ensure that any child care provider in the state that provides services funded through TANF expenditures or with qualified state expenditures complies with all applicable state or local health and safety requirements under the Child Care and Development Block Grant Act of 1990. Increases from 5 to 12 the maximum age of a child for which a single custodial parent who is unable to find child care for such child will not penalized with a reduction or termination of TANF assistance based on that individual's refusal to engage in required work in order to take care of the child. Subjects to the individual and case data reporting requirements of the Child Care and Development Block Grant Act of 1990 any TANF funds expended for child care, whether or not transferred to that Act, and exempts such funds from SSA reporting requirements.

To amend part A of title IV of the Social Security Act to exclude child care from the determination of the 5-year limit on assistance under the temporary assistance to needy families program, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Medicare and Medicaid Provider
Review Act of 1997''.

SEC. 2. REQUIRING CERTAIN PROVIDERS TO FUND ANNUAL FINANCIAL AND
              COMPLIANCE AUDITS AS A CONDITION OF PARTICIPATION UNDER
              THE MEDICARE AND MEDICAID PROGRAMS.

    (a) Establishment of Annual Financial and Compliance Audit Fee
Schedule.--Title XI of the Social Security Act, as amended by sections
4321(c) of the Balanced Budget Act of 1997 (Public Law 105-33), is
amended by inserting after section 1146 the following new section:

             ``compliance and financial audit fee schedule

    ``Sec. 1147. (a) Establishment.--
            ``(1) In general.--Subject to subsection (c), the Secretary
        shall--
                    ``(A) establish a schedule of hourly rates for the
                conduct of annual financial and compliance audits
                during each fiscal year for all health care providers
                described in subsection (b) that receive payment under
                title XVIII or XIX during the year; and
                    ``(B) provide for the conduct, in a separate office
                within the Department of Health and Human Services, of
                such audits by specially trained and qualified
                personnel of each provider's substantial compliance
                with the requirements for payment to such provider
                under title XVIII, title XIX, or both (whichever is
                applicable), including requirements relating to medical
                necessity and appropriate coding and documentation for
                services and supplies provided.
            ``(2) Scope of audits.--An audit of a provider under
        paragraph (1)(B) shall include, as appropriate, audits of
        related entities (including businesses owned, in whole or in
        part, by the provider).
    ``(b) Covered Providers.--
            ``(1) In general.--Subject to paragraph (2), each of the
        following is a health care provider described in this
        subsection:
                    ``(A) A hospital.
                    ``(B) A skilled nursing facility or nursing
                facility.
                    ``(C) A home health agency.
                    ``(D) A hospice program.
                    ``(E) A provider of clinical laboratory services.
                    ``(F) A provider of ambulance services.
            ``(2) Low volume provider exemption.--The Secretary may
        exclude a particular health care provider described in
        paragraph (1) if the Secretary finds that the provider receives
        a small amount of revenues from titles XVIII and XIX.
    ``(c) Requiring Maintenance of Appropriation Level.--No rates shall
be collected under subsection (a) and no audits conducted under such
subsection for a fiscal year if the amount appropriated and available
for the conduct of audits of the type described in subsection (a)(1)(B)
for the fiscal year is less than the amount so appropriated for fiscal
year 1998 or for the fiscal year preceding the fiscal year involved,
whichever is greater.
    ``(d) Use of Funds Exclusively for Financial and Compliance
Audits.--Annual payments made to the Secretary under sections
1866(a)(1)(T), 1862(a)(22), and 1903(i)(19) in the amounts specified
under subsection (a) are hereby appropriated to the Secretary for the
sole purpose of conducting audits described in subsection (a).''.
    (b) Application under Medicare Program.--
            (1) Payment requirement for hospitals, skilled nursing
        facilities, home health agencies, and hospice programs.--
        Section 1866(a)(1) of the Social Security Act, as amended by
        section 4321(b) of the Balanced Budget Act of 1997 (42 U.S.C.
        1395cc), is amended--
                    (A) by striking ``and'' at the end of subparagraph
                (R),
                    (B) by striking the period at the end of
                subparagraph (S), and
                    (C) by inserting after subparagraph (S) the
                following new subparagraph:
            ``(T) in the case of a hospital, skilled nursing facility,
        home health agency, or hospice program, subject to section
        1147(c), to provide for annual payment to the Secretary of the
        appropriate amount specified under section 1147(a) as necessary
        for the conduct of an annual financial and compliance audit of
        the hospital, facility, agency, or program under such
        section.''.
            (2) Requirement for ambulance services and clinical
        laboratories.--Section 1862(a) of the Social Security Act (42
        U.S.C. 1395y(a)), as amended by sections 4319(b), 4432(b),
        4507(a)(2)(B), 4541(b), and 4603(c)(2)(C) of the Balanced
        Budget Act of 1997, is amended--
                    (A) by striking ``or'' at the end of paragraph
                (20),
                    (B) by striking the period at the end of paragraph
                (21) and inserting ``; or'', and
                    (C) by inserting after paragraph (21) the following
                new paragraph:
            ``(22) where such expenses are for ambulance services or
        clinical laboratory services unless, subject to section
        1147(c), the provider of such services has provided for annual
        payment to the Secretary of the appropriate amount specified
        under section 1147(a) as necessary for the conduct of an annual
        financial and compliance audit of the provider under such
        section.''.
    (c) Medicaid.--Section 1903(i) of such Act (42 U.S.C. 1396b(i)), as
amended by sections 4724(a) and 4724(b) of the Balanced Budget Act of
1997 (Public Law 105-33), is amended--
            (1) by striking ``or'' at the end of paragraph (17),
            (2) by striking the period at the end of paragraph (18) and
        inserting ``; or'', and
            (3) by inserting after paragraph (18) the following new
        paragraph:
            ``(19) with respect to any amount expended for services
        furnished by a covered provider described in section 1147(b)
        unless, subject to section 1147(c), the provider has provided
        for annual payment to the Secretary of the appropriate amount
        specified under section 1147(a) as necessary for the conduct of
        an annual financial and compliance audit of the provider under
        such section.''.
    (d) Report on Auditing Agencies.--
            (1) Study.--The Secretary of Health and Human Services
        shall conduct a study of the examining and accrediting agencies
        that conduct audits and inspections of covered providers
        (described in section 1147(b) of the Social Security Act, as
        added by subsection (a)). Such study shall include an
        examination of the audits and inspections conducted by such
        agencies.
            (2) Report.--Based on the study conducted under paragraph
        (1), the Secretary shall submit to Congress, by not later than
        June 1, 1999, a report that includes recommendations on how
        best to coordinate and consolidate these audits and inspections
        to minimize unnecessary duplication.
    (e) Effective Date.--The amendments made by subsections (a) through
(c) shall take effect as of January 1, 1998.

Summary: Medicare and Medicaid Provider Review Act of 1997 - Amends title XI of the Social Security Act (SSA) to direct the Secretary of Health and Human Services (HHS) to: (1) establish a schedule of hourly rates for the conduct of annual financial and compliance audits during each fiscal year for all covered health care providers that receive payments under SSA title XVIII (Medicare) or XIX (Medicaid). And (2) provide for the conduct of such audits, in a separate HHS office, by specially trained and qualified personnel of each provider's substantial compliance with the requirements for receiving such payments. Amends SSA titles XVIII and XIX to require covered providers to provide for annual payment to the Secretary of appropriate amounts for the conduct of such audits. Makes appropriations to the Secretary from such payments for the sole purpose of conducting such audits. Directs the Secretary to study and report to the Congress on examining and accrediting agencies that audit and inspect covered providers.