SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Freedom to Mourn in Peace Act of
2011''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) The greatness of America is measured in many ways but
        nowhere is it better reflected than in the costs paid by the
        men and women who voluntarily assumed the risk of defending the
        freedoms guaranteed by the Constitution and who, without
        reluctance or mental reservation, made the supreme sacrifice
        for their country.
            (2) It is altogether fitting and proper for the friends and
        families of those fallen in battle to be able to mourn their
        loss in peace and take comfort and pride in the consolation
        that comes from the certain knowledge that they laid so costly
        a sacrifice on the altar of freedom.
            (3) That to secure this temporary but hallowed moment of
        peace, reflection, and healing, it is appropriate to place
        reasonable restrictions on those individuals and groups who
        seek to use the occasion of a funeral, burial, or memorial
        service of a veteran to stage a public demonstration intended
        to turn a private gathering of private persons into a public
        spectacle for the unconscionable purpose of attracting public
        attention and gratuitously inflicting unnecessary emotional
        pain on the deceased veteran's families and friends.
            (4) Funerals, memorial services, and bereavement ceremonies
        are special events warranting special respect for the deceased
        and due regard for the emotional well-being of the bereaved
        whose memories of the final moments before their loved one is
        laid to rest may be permanently stained were the occasion
        allowed to be exploited by others for the purpose of attracting
        public attention by the intentional infliction of emotional
        distress on the loved ones of the deceased.
            (5) The First Amendment that veterans risked their lives to
        defend and preserve is broad and strong enough to protect
        vigorous and robust public debate on public issues and generous
        enough to accommodate the natural desire and need of relatives
        and loved ones to be free to mourn their loss in peace.

SEC. 3. PROHIBITION ON DEMONSTRATIONS WHERE FUNERALS, MEMORIAL
              SERVICES, AND CEREMONIES FOR VETERANS ARE HELD.

    (a) In General.--Section 2413 of title 38, United States Code, is
amended to read as follows:
``Sec. 2413. Prohibition on demonstrations where a funeral, memorial
              service, or other bereavement ceremony for a veteran is
              held
    ``(a) Prohibition.--No person may carry out--
            ``(1) a demonstration on the property where a funeral for a
        veteran is held unless the demonstration has been approved by
        the cemetery superintendent or the owner of the property on
        which the funeral is held; or
            ``(2) with respect to such a cemetery or other property on
        which a funeral is held, a demonstration during the period
        beginning 60 minutes before and ending 60 minutes after such
        funeral, any part of which demonstration--
                    ``(A)(i) takes place within 150 feet of a road,
                pathway, or other route of ingress to or egress from
                such cemetery or other property; and
                    ``(ii) includes, as part of such demonstration, any
                individual willfully making or assisting in the making
                of any noise or diversion that disturbs or tends to
                disturb the peace or good order of the funeral; or
                    ``(B) is within 1,000 feet of such cemetery or
                other property and impedes the access to or egress from
                such cemetery or other property,
if there is visible, at each place that is at the applicable distance
specified in this sentence from such cemetery or other property, a sign
which clearly and conspicuously states that a funeral will be held on
such cemetery or other property and so states the time interval during
which the funeral will be held.
    ``(b) Definitions.--For purposes of this section:
            ``(1) The term `demonstration' includes the following:
                    ``(A) Any picketing or similar conduct.
                    ``(B) Any oration, speech, use of sound
                amplification equipment or device, or similar conduct
                that is not part of a funeral.
                    ``(C) The display of any placard, banner, flag, or
                similar device, unless such a display is part of a
                funeral.
                    ``(D) The distribution of any handbill, pamphlet,
                leaflet, or other written or printed matter other than
                a program distributed as part of a funeral.
            ``(2) The term `funeral' includes a memorial service or any
        other bereavement ceremony honoring a veteran.''.
    (b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by striking the item relating to section 2413
and inserting the following new item:

``2413. Prohibition on demonstrations where a funeral, memorial
                            service, or other bereavement ceremony for
                            a veteran is held.''.

Summary: Freedom to Mourn in Peace Act of 2011 - Expands the prohibition on demonstrations at certain funerals, memorial services, or bereavement ceremonies for a deceased veteran to any property where such a service is held unless the demonstration has been approved by the cemetery superintendent or the owner of the property on which the funeral is held. Extends to 1,000 feet the distance within which certain demonstrations that impede access to or egress from such a cemetery or property are prohibited during the period beginning 60 minutes before and ending 60 minutes after such a service, provided that there is a visible sign at applicable distances stating the time interval during which a service will be held.

To amend title 38, United States Code, to prohibit demonstrations at places of mourning during a funeral, memorial service, or other bereavement ceremony honoring a deceased veteran.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``First Responders Support Act of
2008''.

SEC. 2. EXPANDING DISABILITY BENEFITS.

    (a) In General.--Section 1201 of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796) is amended--
            (1) in subsection (a)--
                    (A) by striking ``$250,000'' and inserting
                ``$350,000''; and
                    (B) by striking ``subsection (h)'' and inserting
                ``subsection (h)(1)'';
            (2) in subsection (b)--
                    (A) by striking ``permanently and totally''; and
                    (B) by striking ``, to the extent that
                appropriations are provided'' and all that follows and
                inserting ``a benefit in an amount determined in
                accordance with subsection (h)(2) to such officer.'';
                and
            (3) in subsection (h)--
                    (A) by striking ``the effective date of this
                subsection'' and inserting ``the date of enactment of
                the First Responders Support Act of 2008'';
                    (B) by inserting ``(1)'' after ``(h)''; and
                    (C) by adding at the end the following:
    ``(2)(A) Subject to subsection (b) and subparagraph (B) of this
paragraph, the amount of a benefit paid under subsection (b) to a
public safety officer who has become disabled as the direct result of a
catastrophic injury sustained in the line of duty shall be in an amount
equal to the benefit that is payable under subsection (a) in the
applicable year, multiplied by the level of disability of the public
safety officer, as determined in accordance with subparagraph (C).
    ``(B) No benefit shall be paid under subsection (b) if the level of
disability of the public safety officer is less than 50 percent.
    ``(C) The Director shall adopt and apply a schedule of levels of
disability of public safety officers associated with specific injuries
or combinations of injuries, based upon the average impairments of
earning capacity resulting from the injuries concerned.''.
    (b) Definition of Catastrophic Injury.--Section 1204(1) of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796b(1))
is amended by striking ``permanently prevent an individual from
performing any gainful work'' and inserting ``substantially diminishes
the ability of an individual to perform gainful work''.
    (c) Expediting Benefits.--Section 1201 of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3796) is amended by adding at
the end the following:
    ``(n) Not later than 3 months after the date on which a claimant
submits all information required for a claim under this subpart, the
Bureau shall determine whether the claimant is eligible to receive a
benefit under this subpart.''.
    (d) Regulations.--Not later than 9 months after the date of
enactment of this Act, the Attorney General shall promulgate
regulations to carry out the amendments made by this section.
    (e) Authorization of Appropriations.--There are authorized to be
appropriated to the Attorney General, in addition to any other amounts
otherwise authorized to be appropriated, $3,000,000 for each of fiscal
years 2009 through 2013 to hire employees for the Bureau of Justice
Assistance and obtain the technology and equipment necessary to
expedite the processing of claims and make disability determinations
under subpart 1 of part L of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3796 et seq.), as amended by this section.

SEC. 3. EDUCATIONAL BENEFITS.

    (a) In General.--Section 1212(a) of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796d-1(a)) is amended--
            (1) by striking paragraph (2) and inserting the following:
    ``(2)(A) Except as provided in paragraph (3), and subject to
subparagraph (C) of this paragraph, financial assistance under this
subpart shall--
            ``(i) consist of direct payments to an eligible dependent;
        and
            ``(ii) be paid at the monthly rate of not more than $1,500.
    ``(B) The Director shall promulgate regulations to establish the
amount of financial assistance under subparagraph (A) for an eligible
dependent, which shall be based on the portion of the normal full-time
academic workload for the course of study, as determined by the
eligible educational institution, that the eligible dependent is
pursuing.
    ``(C) On October 1 of each fiscal year beginning after the date of
enactment of the First Responders Support Act of 2008, the Director
shall adjust the level of the benefit payable during that fiscal year
under subparagraph (A)(ii), to reflect the annual percentage change in
the Consumer Price Index for All Urban Consumers, published by the
Bureau of Labor Statistics, occurring in the 1-year period ending on
June 1 immediately preceding such October 1.''; and
            (2) in paragraph (3)(A), by striking ``to which the
        eligible dependent would otherwise be entitled to receive'' and
        inserting ``that the eligible dependent receives''.
    (b) Children.--Section 1212(a)(1) of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796d-1(a)(1)) is amended--
            (1) in subparagraph (A), by striking ``or'' at the end;
            (2) in subparagraph (B), by striking ``a totally and
        permanently disabling injury'' and inserting ``the officer's
        catastrophic injury'';
            (3) by redesignating subparagraph (B) as subparagraph (C);
        and
            (4) by inserting after subparagraph (A) the following:
            ``(B) the child of the spouse of an officer described in
        subparagraph (A) at the time of the officer's death or on the
        date of the officer's catastrophic injury; or''.

SEC. 4. CREDIT FOR CONTINUING CARE OF FIRST RESPONDERS.

    (a) In General.--Subpart C of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to refundable credits)
is amended by inserting after section 36 the following new section:

``SEC. 36A. CONTINUING CARE FOR INJURED FIRST RESPONDERS.

    ``(a) Allowance of Credit.--There shall be allowed as a credit
against the tax imposed by this subtitle for the taxable year an amount
equal to the qualified medical expenses paid or incurred during such
taxable year by a qualified injured first responder or a family member
of a qualified injured first responder.
    ``(b) Limitations.--
            ``(1) In general.--The amount of the credit allowed under
        subsection (a) for any taxable year shall not exceed $7,500.
            ``(2) Limitation based on adjusted gross income.--The
        amount of the credit allowed by subsection (a) (determined
        without regard to this subsection) shall be reduced (but not
        below zero) by 5 percent of so much of the taxpayer's adjusted
        gross income as exceeds $75,000 ($150,000 in the case of a
        joint return).
    ``(c) Definitions.--For purposes of this section--
            ``(1) Qualified injured first responder.--The term
        `qualified injured first responder' means any public safety
        officer who has suffered an injury that substantially
        diminishes the ability of the public safety officer to perform
        gainful work while performing an official duty as a public
        safety officer.
            ``(2) Family member.--The term `family member' includes
        family members described in section 267(c)(4).
            ``(3) Qualified medical expenses.--The term `qualified
        medical expenses' means expenses paid or incurred, not
        compensated for by insurance or otherwise, for medical care
        (within the meaning of section 213(d)) in connection with an
        injury of a qualified injured first responder which was
        incurred while the qualified injured first responder was
        performing an official duty as a public safety officer.
            ``(4) Public safety officer.--The term `public safety
        officer' has the meaning given such term by section 1204(9) of
        the Omnibus Crime Control and Safe Streets Act of 1968.
    ``(d) No Double Benefit.--No credit or deduction shall be allowed
under this chapter with respect to any expenses which are taken into
account under this section.''.
    (b) Conforming Amendments.--
            (1) Paragraph (2) of section 1324(b) of title 31, United
        States Code, is amended by inserting ``36A,'' after ``36,''.
            (2) The table of sections for subpart C of part IV of
        subchapter A of chapter 1 of the Internal Revenue Code of 1986
        is amended by inserting after the item relating to section 36
        the following new item:

``Sec. 36A. Continuing care for injured first responders.''.
    (c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2008.

SEC. 5. EXPANDING COUNSELING AND MENTAL HEALTH SERVICES.

    (a) Definitions.--In this section--
            (1) the term ``Director'' means the Director of the Bureau
        of Justice Assistance;
            (2) the term ``eligible organization'' means an
        organization that provides free or reduced cost mental health
        services or counseling to public safety officers seriously
        injured in the line of duty and the family members of public
        safety officers killed or seriously injured in the line of
        duty;
            (3) the term ``public safety officer'' has the meaning
        given that term in section 1204 of the Omnibus Crime Control
        and Safe Streets Act of 1968 (42 U.S.C. 3796b); and
            (4) the term ``reduced cost'', relating to mental health
        services or counseling, means that the organization providing
        the services or counseling charges not more than 50 percent of
        the amount that the organization would otherwise charge for the
        services or counseling.
    (b) Authorization To Make Grants.--The Director may make grants to
eligible organizations to provide mental health services or counseling
to public safety officers seriously injured in the line of duty and the
family members of public safety officers killed or seriously injured in
the line of duty.
    (c) Application.--An eligible organization desiring a grant under
this section shall submit an application at such time, in such manner,
and accompanied by such information as the Director may establish.

Summary: First Responders Support Act of 2008 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to: (1) increase death and disability benefits for public safety officers. And (2) expand educational benefits for dependents of public safety officers killed or disabled in the line of duty. Amends the Internal Revenue Code to allow a tax credit for up to $7,500 of the medical expenses paid or incurred by a public safety officer or a family member for injuries sustained while such officer was performing an official duty. Authorizes the Director of the Bureau of Justice Assistance to award grants for mental health services or counseling to public safety officers seriously injured in the line of duty and the family members of such officers who are killed or seriously injured in the line of duty.

To amend the Omnibus Crime Control and Safe Streets Act of 1968 to provide adequate benefits for public safety officers injured or killed in the line of duty, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Harbor Environmental Dredging and
Management Act of 1993''.

SEC. 2. DUMPING PERMIT PROGRAM FOR DREDGED MATERIAL.

    (a) General Procedures.--Section 103 of the Marine Protection,
Research, and Sanctuaries Act of 1973 (33 U.S.C. 1413) is amended by
redesignating subsections (d) and (e) as subsections (e) and (f),
respectively, and by inserting after subsection (c) the following:
    ``(d) Procedure.--The following procedure applies concerning action
by the Secretary with respect to an application for a permit under this
section:
            ``(1) Notice.--Within 15 days after the date on which the
        Secretary receives an application for a permit under this
        section, the Secretary shall cause to be published a notice
        that contains--
                    ``(A) a description of the project;
                    ``(B) such other information that the Secretary
                considers appropriate; and
                    ``(C) an invitation for comment on the application
                and on any other matters of relevance, including the
                effect of approval of the application on endangered
                species, if appropriate, from interested Federal
                agencies, other public agencies, and private persons.
            ``(2) Information to be considered.--In making the
        determination required by subsection (a) regarding the
        application, the Secretary shall consider any comment or other
        information that the Secretary receives from interested
        agencies and persons during the 30-day period following the
        date on which the notice under paragraph (1) is published with
        respect to the application.
            ``(3) Deadline for hearing.--If the Secretary determines
        that a public hearing should be conducted with respect to the
        application, the Secretary shall complete the hearing within 30
        days after the last day of the comment period for the
        application under paragraph (2).
            ``(4) Information to epa and other interested federal
        agencies.--Within 15 days after the date on which the Secretary
        receives all information pertaining to the application, the
        Secretary shall provide necessary and appropriate information
        concerning the application to the Administrator and to the
        heads of all other interested Federal agencies. Within 15 days
        of receiving such information, the Administrator and the heads
        of such other agencies shall review the information and request
        any additional information they deem necessary.
            ``(5) Concurrent evaluation of application.--The Secretary
        and the Administrator shall concurrently evaluate the
        application and, as appropriate and to the maximum extent
        possible, confer on the application in order to complete its
        consideration at the earliest possible date.
            ``(6) Deadline for determination by secretary.--The
        Secretary shall make a determination regarding whether or not
        to issue a permit under this section within 90 days after--
                    ``(A) the last day of the 30-day comment period for
                the application under paragraph (2); or
                    ``(B) if a public hearing is held with respect to
                the application, the last day of the public hearing.
            ``(7) Standards.--The Secretary, in determining under
        subsection (a) whether or not the dumping proposed in the
        application will result in the unreasonable degradation or
        endangerment referred to in such subsection, shall--
                    ``(A) apply the applicable criteria and standards
                as such criteria and standards are in effect on the
                date of receipt of the application by the Secretary;
                and
                    ``(B) disregard any change made to any such
                standard after such date of receipt.
            ``(8) Consideration of effect of failure to dredge.--In
        addition to applying the criteria referred to in section 102(a)
        in making the determination required by subsection (a), the
        Secretary shall also consider the effect that the failure to
        dredge the material concerned will have on human health and
        welfare, including economic, esthetic, and recreational values.
            ``(9) Time limits on process.--The Secretary and the
        Administrator shall make a determination regarding whether to
        issue a permit under this section within 165 days after the
        Secretary receives an application for the permit under this
        section.''.
    (b) Concurrence by Administrator.--Subsection (c) of such section
is amended--
            (1) by adding at the end of paragraph (1) the following:
        ``The Secretary shall provide the information requested within
        15 days after the date of receipt of the request for the
        information from the Administrator.''; and
            (2) in paragraph (2) by striking ``45'' each place it
        appears and inserting ``30''.
    (c) Conforming Amendment.--Subsection (f) of such section, as
redesignated by subsection (a) of this section, is amended by striking
``and (d)'' and inserting ``, (d), and (e)''.

SEC. 3. DIOXIN CONTAMINATED SEDIMENT DISPOSAL STANDARD.

    Not later than 6 months after the date of the enactment of this
Act, the Administrator of the Environmental Protection Agency, in
consultation with the Secretary of the Army, shall develop a national
standard for the disposal of sediments contaminated with dioxin. The
standard shall apply, at a minimum, to determinations required to be
made under subsection (a) of section 103 of the Marine Protection,
Research, and Sanctuaries Act of 1973.

SEC. 4. MUD DUMP CONTAINMENT ISLAND.

    (a) Plan.--The Administrator of the Environmental Protection Agency
and the Secretary of the Army shall develop a plan for the construction
of a containment island as an alternative to the Mud Dump Site, as
defined in section 412(d) of the Water Resources Development Act of
1990, for the disposal of contaminated dredged material. The plan shall
include, at a minimum, the following:
            (1) A recommended location for the island.
            (2) Proposed timetable for construction of the island,
        including public hearings, permit processes, and environmental
        impact statements.
            (3) An analysis and estimate of the cost of construction of
        the island and recommended financing mechanisms for the
        construction.
            (4) The status of decontamination technologies to be used
        on the contaminated materials.
    (b) Report.--Not later than 12 months after the date of the
enactment of this Act, the Administrator and the Secretary shall submit
to Congress the plan developed under subsection (a), together with
recommendations for its implementation.

SEC. 5. CONTAINMENT AND CLEAN-UP OF DIOXIN IN PASSAIC RIVER, NEW
              JERSEY.

    (a) Plan.--The Administrator of the Environmental Protection Agency
and the Secretary of the Army, in consultation with State authorities,
shall develop a comprehensive plan for the containment, clean-up, and
prevention of dioxin contamination in the Passaic River basin in the
vicinity of Newark, New Jersey.
    (b) Minimum Content Requirements.--The plan to be developed under
this section shall include, at a minimum, the following:
            (1) A comprehensive strategy for monitoring, containing,
        and preventing the spread of dioxin in the Passaic River basin
        to Newark Bay.
            (2) A comprehensive strategy for the clean-up of dioxin in
        the Passaic River basin, including a proposed timetable,
        estimate of the cost, and financing mechanism for the clean-up.
            (3) A comprehensive strategy for preventing land activities
        from becoming new sources of dioxin pollution in the Passaic
        River basin and Newark Bay.
            (4) The status of sediment sources in Newark Bay.
    (c) Report.--Not later than 6 months after the date of the
enactment of this Act, the Administrator and the Secretary shall submit
to Congress the comprehensive plan developed under subsection (a),
together with recommendations for its implementation.

SEC. 6. CONSORTIUM OF DREDGED MATERIALS DISPOSAL PERMITTEES.

    The Secretary of the Army is authorized to approve the
establishment of a consortium of permittees for the testing,
permitting, and disposal of dredged materials in an effort to promote
the cost-effective disposal and environmental management of dredged
materials.

Summary: Harbor Environmental Dredging and Management Act of 1993 - Amends the Marine Protection, Research, and Sanctuaries Act of 1972 to establish a procedure for actions on permit applications for the dumping of dredged material into ocean waters. Directs the Administrator of the Environmental Protection Agency to develop a national standard for the disposal of sediments contaminated with dioxin. Requires the Administrator and the Secretary of the Army to develop and submit to the Congress a plan for: (1) the construction of a containment island as an alternative to the Mud Dump Site in New Jersey for the disposal of contaminated dredged material. And (2) the containment, clean-up, and prevention of dioxin contamination in the Passaic River basin in the vicinity of Newark, New Jersey. Authorizes the Secretary to approve the establishment of a consortium of permittees for the testing, permitting, and disposal of dredged materials to promote the cost-effective disposal and environmental management of dredged materials.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Foreign Business Bribery Prohibition
Act of 2016''.

SEC. 2. ACTIONS AUTHORIZED.

    (a) Prohibited Foreign Practices by Domestic Concerns.--Section 104
of the Foreign Corrupt Practices Act of 1977 (15 U.S.C. 78dd-2) is
amended by adding at the end the following:
    ``(j) Private Right of Action Authorized.--
            ``(1) Authorized plaintiffs.--Any person that violates
        subsection (a) shall be liable in an action brought in
        accordance with this subsection in any court of competent
        jurisdiction to any issuer that is subject to section 30A of
        the Securities Exchange Act of 1934, domestic concern that is
        subject to this section, or other person that is a United
        States person, that is damaged by the violation of subsection
        (a) of this section, for damages caused to such issuer,
        domestic concern, or other person by the violation.
            ``(2) Proof of damages.--For purposes of this subsection,
        the court may not find for the plaintiff in an action under
        this subsection unless the plaintiff alleges and proves that--
                    ``(A) the defendant violated subsection (a); and
                    ``(B) the defendant's violation of subsection (a)--
                            ``(i) prevented the plaintiff from
                        obtaining or retaining business for or with any
                        person; and
                            ``(ii) assisted the defendant in obtaining
                        or retaining such business.
            ``(3) Measure of damages.--
                    ``(A) In general.--The damages that a plaintiff may
                obtain in an action under this subsection may be equal
                to the higher of the two following amounts that are
                established by the plaintiff's allegations and proof:
                            ``(i) The total amount of the contract or
                        agreement that the defendant gained in
                        obtaining or retaining business by means of the
                        violation of subsection (a).
                            ``(ii) The total amount of the contract or
                        agreement that the plaintiff failed to gain
                        because of the defendant's obtaining or
                        retaining business by means of the violation of
                        subsection (a).
                    ``(B) Treble damages.--In assessing damages under
                subparagraph (A), the court shall enter judgment for
                three times the amount determined under clause (i) or
                (ii) of such subparagraph (whichever is greater),
                together with a reasonable attorney's fee and costs,
                for the violation of subsection (a).
            ``(4) Exception for routine governmental action.--The
        exception in subsection (b) shall apply to an action under this
        subsection.
            ``(5) Affirmative defenses.--The affirmative defenses in
        subsection (c) shall apply to an action under this subsection.
            ``(6) Contribution.--Each person who becomes liable to make
        payment under this subsection may recover contribution as in
        cases of contract from any person who, if joined in the
        original suit, would have been liable to make the same payment.
            ``(7) Statute of limitations.--No action may be maintained
        to enforce any liability created under this subsection unless
        brought within 3 years after the discovery of the facts
        constituting the cause of action and within 6 years after the
        cause of action accrued.
            ``(8) United states person defined.--In this subsection,
        the term `United States person' has the meaning given that term
        in subsection (i)(2).''.
    (b) Prohibited Foreign Practices by Other Persons.--Section 104A of
the Foreign Corrupt Practices Act of 1977 (15 U.S.C. 78dd-3) is
amended--
            (1) by redesignating subsection (f) as subsection (g); and
            (2) by inserting after subsection (e) the following:
    ``(f) Private Right of Action Authorized.--
            ``(1) Authorized plaintiffs.--Any person that violates
        subsection (a) shall be liable in an action brought in
        accordance with this subsection in any court of competent
        jurisdiction to any issuer that is subject to section 30A of
        the Securities Exchange Act of 1934, domestic concern that is
        subject to section 104 of this Act, or other person that is a
        United States person, that is damaged by the violation of
        subsection (a) of this section, for damages caused to such
        issuer, domestic concern, or other person by the violation.
            ``(2) Proof of damages.--For purposes of this subsection,
        the court may not find for the plaintiff in an action under
        this subsection unless the plaintiff alleges and proves that--
                    ``(A) the defendant violated subsection (a); and
                    ``(B) the defendant's violation of subsection (a)--
                            ``(i) prevented the plaintiff from
                        obtaining or retaining business for or with any
                        person; and
                            ``(ii) assisted the defendant in obtaining
                        or retaining such business.
            ``(3) Measure of damages.--
                    ``(A) In general.--The damages that a plaintiff may
                obtain in an action under this subsection may be equal
                to the higher of the two following amounts that are
                established by the plaintiff's allegations and proof:
                            ``(i) The total amount of the contract or
                        agreement that the defendant gained in
                        obtaining or retaining business by means of the
                        violation of subsection (a).
                            ``(ii) The total amount of the contract or
                        agreement that the plaintiff failed to gain
                        because of the defendant's obtaining or
                        retaining business by means of the violation of
                        subsection (a).
                    ``(B) Treble damages.--In assessing damages under
                subparagraph (A), the court shall enter judgment for
                three times the amount determined under clause (i) or
                (ii) of such subparagraph (whichever is greater),
                together with a reasonable attorney's fee and costs,
                for the violation of subsection (a).
            ``(4) Exception for routine governmental action.--The
        exception in subsection (b) shall apply to an action under this
        subsection.
            ``(5) Affirmative defenses.--The affirmative defenses in
        subsection (c) shall apply to an action under this subsection.
            ``(6) Contribution.--Each person who becomes liable to make
        payment under this subsection may recover contribution as in
        cases of contract from any person who, if joined in the
        original suit, would have been liable to make the same payment.
            ``(7) Statute of limitations.--No action may be maintained
        to enforce any liability created under this subsection unless
        brought within 3 years after the discovery of the facts
        constituting the cause of action and within 6 years after the
        cause of action accrued.
            ``(8) United states person defined.--In this subsection,
        the term `United States person' has the meaning given that term
        in subsection (i)(2).''.
    (c) Prohibited Foreign Practices by Issuers.--Section 30A of the
Securities Exchange Act of 1934 (15 U.S.C. 78dd-1) is amended by adding
at the end the following:
    ``(h) Private Right of Action Authorized.--
            ``(1) Authorized plaintiffs.--Any person that violates
        subsection (a) shall be liable in an action brought in
        accordance with this subsection in any court of competent
        jurisdiction to any issuer that is subject to this section,
        domestic concern that is subject to section 104 of the Foreign
        Corrupt Practices Act of 1977 (15 U.S.C. 78dd-2), or other
        person that is a United States person, that is damaged by the
        violation of subsection (a) of this section, for damages caused
        to such issuer, domestic concern, or other person by the
        violation.
            ``(2) Proof of damages.--For purposes of this subsection,
        the court may not find for the plaintiff in an action under
        this subsection unless the plaintiff alleges and proves that--
                    ``(A) the defendant violated subsection (a); and
                    ``(B) the defendant's violation of subsection (a)--
                            ``(i) prevented the plaintiff from
                        obtaining or retaining business for or with any
                        person; and
                            ``(ii) assisted the defendant in obtaining
                        or retaining such business.
            ``(3) Measure of damages.--
                    ``(A) In general.--The damages that a plaintiff may
                obtain in an action under this subsection may be equal
                to the higher of the two following amounts that are
                established by the plaintiff's allegations and proof:
                            ``(i) The total amount of the contract or
                        agreement that the defendant gained in
                        obtaining or retaining business by means of the
                        violation of subsection (a).
                            ``(ii) The total amount of the contract or
                        agreement that the plaintiff failed to gain
                        because of the defendant's obtaining or
                        retaining business by means of the violation of
                        subsection (a).
                    ``(B) Treble damages.--In assessing damages under
                subparagraph (A), the court shall enter judgment for
                three times the amount determined under clause (i) or
                (ii) of such subparagraph (whichever is greater),
                together with a reasonable attorney's fee and costs,
                for the violation of subsection (a).
            ``(4) Exception for routine governmental action.--The
        exception in subsection (b) shall apply to an action under this
        subsection.
            ``(5) Affirmative defenses.--The affirmative defenses in
        subsection (c) shall apply to an action under this subsection.
            ``(6) Contribution.--Each person who becomes liable to make
        payment under this subsection may recover contribution as in
        cases of contract from any person who, if joined in the
        original suit, would have been liable to make the same payment.
            ``(7) Statute of limitations.--No action shall be
        maintained to enforce any liability created under this
        subsection unless brought within 3 years after the discovery of
        the facts constituting the cause of action and within 6 years
        after the cause of action accrued.
            ``(8) United states person defined.--In this subsection,
        the term `United States person' has the meaning given that term
        in subsection (g)(2).''.

SEC. 3. EFFECTIVE DATE.

    The amendments made by this Act shall take effect on the date of
the enactment of this Act and shall apply to causes of action accruing
on or after such date of enactment.

Summary: Foreign Business Bribery Prohibition Act of 2016 This bill amends the Foreign Corrupt Practices Act of 1977 (FCPA) to authorize private rights of action against persons that violate the FCPA's anti-bribery provisions, which prohibit giving things of value to foreign officials or political parties for purposes of obtaining or retaining business. A person that violates the FCPA's anti-bribery provisions shall be liable for up to treble damages to a securities issuer, domestic business concern, or US person damaged by the violation. A plaintiff must prove an FCPA anti-bribery violation by the defendant that: (1) prevented the plaintiff from obtaining or retaining business, and (2) assisted the defendant in obtaining or retaining such business.


SECTION 1. SHORT TITLE; PURPOSE.

    (a) Short Title.--This Act may be cited as the ``Safe NOW Act of
2006''.
    (b) Purpose.--The purpose of this Act is to establish a National
Sex Offender Risk Classification Task Force to create guidelines for
the establishment of a risk-based sex offender classification system
that will--
            (1) classify sex offenders based on the threat of danger
        each sex offender poses to the public; and
            (2) allow law enforcement agencies and the public to
        identify the most dangerous sex offenders listed in sex
        offender registries by using the classification system.

SEC. 2. DEFINITIONS.

    In this Act, the following definitions apply:
            (1) Sex offender registry.--The term ``sex offender
        registry'' means a registry of sex offenders, and a
        notification program, maintained by a jurisdiction.
            (2) Jurisdiction.--The term ``jurisdiction'' means any of
        the following:
                    (A) A State.
                    (B) The District of Columbia.
                    (C) The Commonwealth of Puerto Rico.
                    (D) Guam.
                    (E) American Samoa.
                    (F) The Northern Mariana Islands.
                    (G) The United States Virgin Islands.
                    (H) Any Federally recognized Indian tribe.

SEC. 3. NATIONAL SEX OFFENDER RISK CLASSIFICATION TASK FORCE.

    (a) Task Force Established.--There is established, under the
general authority of the Attorney General, the National Sex Offender
Risk Classification Task Force (referred to in this Act as the ``Task
Force'').
    (b) Duties.--
            (1) In general.--The Task Force shall--
                    (A) create preliminary guidelines for the
                establishment of a risk-based sex offender
                classification system;
                    (B) administer the demonstration program under
                section 4; and
                    (C) create final guidelines for the establishment
                of a risk-based sex offender classification system that
                shall be made available to jurisdictions for use in
                accordance with section 7, and that shall be created
                using the information gathered through--
                            (i) the demonstration program under section
                        4; and
                            (ii) the activities of the working groups
                        under paragraph (3).
            (2) Creation of guidelines.--In creating the guidelines
        required under this subsection, the Task Force shall consider--
                    (A) empirically-based assessment tools available to
                assess the dangers posed by sex offenders;
                    (B) the methods used to classify sex offenders for
                the purposes of sex offender registries in use by
                Federal, State, and local law enforcement agencies as
                of the date of enactment of this Act, and how those
                methods differ from a risk-based sex offender
                classification system;
                    (C) means by which information regarding the risk-
                based classification of sex offenders may be
                comprehensively and consistently disseminated to
                Federal, State, and local law enforcement agencies and
                the public;
                    (D) opportunities available to sex offenders
                (especially those who are not under court supervision)
                to change their risk-based classification, including
                voluntary participation in sex offender treatment and
                monitoring programs; and
                    (E) any negative consequences that have resulted
                from Megan's Law (Public Law 104-145; 110 Stat. 1345),
                and steps that might be taken to reduce such negative
                consequences.
            (3) Working groups.--The Chair shall designate 5 working
        groups within the Task Force, each of which shall conduct one
        of the following activities:
                    (A) Survey the methods of risk classification used
                by each jurisdiction, as of the date of enactment of
                this Act, and identify changes to such methods that
                jurisdictions could implement to improve the
                efficiency, accuracy, and consistency of sex offender
                registries.
                    (B) Research and analyze the effectiveness of the
                most recently developed tools available (as of the date
                of enactment of this Act) to assess the dangers posed
                by sex offenders and to classify sex offenders based on
                risk.
                    (C) Identify the strengths and weaknesses of
                Federal, State, and local sex offender registration and
                notification procedures in use as of the day before the
                date of enactment of this Act, and propose methods to
                improve any such weaknesses.
                    (D) Analyze Federal, State, and local law
                enforcement agency procedures for community
                notification regarding sex offenders (as of the date of
                enactment of this Act), and determine the most
                appropriate procedures to notify communities regarding
                sex offenders of varying risk-based classifications.
                    (E) Develop a resource guide that Federal, State,
                and local law enforcement agencies may use to educate
                the public about the prevention of sex offenses, the
                dangers posed by sex offenders, the systems used to
                classify sex offenders, and the access and use of sex
                offender registries.
    (c) Membership.--
            (1) In general.--The Task Force shall consist of 20
        members, who shall be appointed by the Attorney General within
        45 days after the date of enactment of this Act, and who shall
        include--
                    (A) the Chair;
                    (B) one representative from each of the following:
                            (i) the Safe NOW Project;
                            (ii) the National Association to PROTECT
                        Children;
                            (iii) Parents For Megan's Law, Inc.;
                            (iv) the Association for the Treatment of
                        Sexual Abusers;
                            (v) the National Sheriffs' Association;
                            (vi) the National Association of Police
                        Organizations;
                            (vii) the American Probation and Parole
                        Association;
                            (viii) the American Psychological
                        Association;
                            (ix) the National Association of Criminal
                        Defense Lawyers;
                            (x) the Washington State Institute for
                        Public Policy;
                            (xi) the National Center for Missing and
                        Exploited Children;
                            (xii) the Office for Victims of Crime;
                            (xiii) the Center for Sex Offender
                        Management;
                            (xiv) the National Law Enforcement and
                        Corrections Technology Center;
                            (xv) the Federal Bureau of Investigation;
                        and
                            (xvi) the Center for Disease Control and
                        Prevention; and
                    (C) three representatives of the academic community
                who specialize in risk assessment of sex offenders.
            (2) Selection criteria.--The Attorney General shall appoint
        to the Task Force a Chair and a diverse group of members who
        are knowledgeable in the fields of sex offender management,
        community education, risk assessment of sex offenders, and sex
        offender victim issues.
            (3) Terms; vacancies.--The term of office for members shall
        be for the life of the Task Force. A vacancy in the Task Force
        shall not affect the powers of the Task Force, and shall be
        filled in the same manner in which the original appointment was
        made.
            (4) Compensation.--
                    (A) Except as provided in subparagraph (B), the
                Chair and members of the Task Force shall be paid at
                the rate of $500 per day for each day, including travel
                time, during which he or she is engaged in the actual
                performance of duties vested in the Task Force.
                    (B) A member of the Task Force who is a full-time
                officer or employee of the United States or a Member of
                Congress shall receive no additional pay, allowances,
                or benefits by reason of his or her service to the Task
                Force.
                    (C) All members of the Task Force shall be
                reimbursed for travel, subsistence, and other necessary
                expenses incurred by them in the performance of their
                duties to the extent authorized by chapter 57 of title
                5, United States Code.
    (d) Meetings.--
            (1) Frequency.--The Task Force shall meet not less than 4
        times per year, at the call of the Chair. The Attorney General
        shall call the first meeting of the Task Force within 90 days
        after the date of the enactment of this Act, or within 30 days
        after the date on which legislation is enacted making
        appropriations to carry out this Act, whichever date is later.
            (2) Record.--The Task Force shall maintain records of an
        active roster of membership, meeting minutes, and any other
        information the Chair may require.
            (3) Public meetings; notice.--Task Force meetings shall be
        open to the public, except as determined otherwise by the Chair
        (or other official to whom the authority has been delegated by
        the Chair). Notice of all meetings shall be published in the
        Federal Register not later than 30 days before the date of such
        meeting.
            (4) Closed meetings.--No later than 7 days after any Task
        Force meeting (or a portion of such a meeting) is closed to the
        public, a report shall be prepared for the Attorney General by
        a designated member the Task Force who was present for the
        entirety of such meeting, which shall contain, at a minimum, a
        list of individuals present and the activities conducted at
        such closed meeting.

SEC. 4. DEMONSTRATION PROGRAM.

    (a) In General.--The Task Force is authorized to carry out a
demonstration program under which the Task Force shall award one grant
to each of 5 selected jurisdictions to carry out the activities under
subsection (b).
    (b) Program Activities.--A selected jurisdiction shall use a grant
awarded under subsection (a) to--
            (1) use the preliminary guidelines created by the Task
        Force under section 3(b) to implement a risk-based sex offender
        classification system to classify sex offenders registered in
        the jurisdiction's sex offender registry;
            (2) demonstrate the extent to which such preliminary
        guidelines provide for the successful implementation of an
        effective risk-based sex offender classification system; and
            (3) identify ways such preliminary guidelines may be
        improved to provide better guidance for the successful
        implementation of an effective risk-based sex offender
        classification system.
    (c) Applications.--A jurisdiction desiring to participate in the
demonstration program shall submit an application to the Task Force at
such time, in such manner, and containing such information as the Task
Force may require.
    (d) Selection of Jurisdictions.--
            (1) Not later than 9 months after the date of the first
        meeting of the Task Force, the Task Force shall select 5
        jurisdictions to participate in the demonstration program from
        the applications received under subsection (c).
            (2) The Task Force shall develop criteria to select
        jurisdictions to participate in the demonstration program. In
        developing such criteria and selecting jurisdictions, the Task
        Force shall consider--
                    (A) the importance of the participation of
                demographically and geographically diverse
                jurisdictions in the demonstration program; and
                    (B) the willingness and ability of jurisdictions
                to--
                            (i) collaborate with officials in such
                        jurisdiction responsible for the management of
                        sex offenders;
                            (ii) report to the Task Force on the
                        effectiveness of the preliminary guidelines
                        created under section 3(b);
                            (iii) provide recommendations to the Task
                        Force regarding the improvement of such
                        preliminary guidelines and the creation of
                        final guidelines; and
                            (iv) provide information about their
                        participation in the demonstration program to
                        other jurisdictions implementing a risk-based
                        sex offender classification system.
    (e) Duration.--A grant awarded under this subsection shall be for
the one-year period beginning on the date one year after the date of
the first meeting of the Task Force, and shall not be renewable.
    (f) Assistance and Review.--The Task Force shall provide technical
assistance as necessary to the jurisdictions selected to participate in
the demonstration program, and shall document the demonstration program
experience of each selected jurisdiction in the final report required
under section 5.

SEC. 5. REPORTS.

    (a) The Task Force shall provide to the Attorney General and to the
relevant committees of Congress--
            (1) not later than one year after the date of the first
        meeting of the Task Force, an initial report containing--
                    (A) preliminary guidelines for the establishment of
                a risk-based sex offender classification system to be
                used for the demonstration program under section 3;
                    (B) a list of the jurisdictions selected to
                participate in such demonstration program; and
                    (C) a summary of the activities conducted by, and
                the findings of, each working group under section
                3(b)(3); and
            (2) not later than 6 months after the date of the
        expiration of the demonstration program grants made under
        section 4, a final report containing--
                    (A) final guidelines for the establishment of a
                risk-based sex offender classification system, as
                required under section 3(b); and
                    (B) a summary of the information gathered through
                the demonstration program under section 4, including
                any information provided by the jurisdictions that
                participated in such program that was considered by the
                Task Force in the creation of the final guidelines
                under subparagraph (A).

SEC. 6. TERMINATION OF TASK FORCE.

    The Task Force shall terminate 90 days after the final report under
section 5 is provided to the Attorney General and the relevant
committees of Congress.

SEC. 7. SENSE OF CONGRESS REGARDING USE OF GUIDELINES.

    It is the sense of Congress that each jurisdiction should use the
final guidelines created by the Task Force under this Act to implement
a risk-based sex offender classification system to classify sex
offenders registered in such jurisdiction's sex offender registry.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated to carry
out this Act (except for section 4), $1,000,000 for each of fiscal
years 2007, 2008, and 2009.
    (b) Demonstration Program.--There are authorized to be appropriated
such sums as may be necessary to carry out the demonstration program
under section 4.

Summary: Safe NOW Act of 2006 - Establishes the National Sex Offender Risk Classification Task Force to create guidelines for a risk-based sex offender classification system. Authorizes the Task Force to carry out demonstration programs in five selected jurisdictions to: (1) use the Task Force's preliminary guidelines to implement such a system for their sex offender registries. And (2) identify ways to improve such guidelines. Expresses the sense of Congress that each state, federally recognized Indian tribe, and US possession and territory should use final Task Force guidelines to implement such a system for its registry.

To establish a National Sex Offender Risk Classification Task Force to create guidelines for the establishment of a risk-based sex offender classification system for use in sex offender registries.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Venezuelan Refugee Assistance Act''.

SEC. 2. ADJUSTMENT OF STATUS OF CERTAIN VENEZUELAN NATIONALS.

    (a) Adjustment of Status.--
            (1) In general.--Notwithstanding section 245(c) of the
        Immigration and Nationality Act (8 U.S.C. 1255(c)), the status
        of any alien described in subsection (b) shall be adjusted by
        the Secretary of Homeland Security to that of an alien lawfully
        admitted for permanent residence, if the alien--
                    (A) applies for such adjustment before January 1,
                2019;
                    (B) is not inadmissible under paragraph (1), (2),
                (3), (4), (6)(E), (6)(G), (8), (10)(A), (10)(C), or
                (10)(D) of section 212(a) of the Immigration and
                Nationality Act (8 U.S.C. 1182(a));
                    (C) is not deportable under paragraph (1)(E),
                (1)(G), (2), (4), (5), or (6) of section 237(a) of such
                Act (8 U.S.C. 1227(a));
                    (D) has not ordered, incited, assisted, or
                otherwise participated in the persecution of any person
                on account of race, religion, nationality, membership
                in a particular social group, or political opinion; and
                    (E) has not been convicted of--
                            (i) any offense under Federal or State law
                        punishable by a maximum term of imprisonment of
                        more than 1 year; or
                            (ii) 3 or more offenses under Federal or
                        State law, for which the alien was convicted on
                        different dates for each of the 3 offenses and
                        sentenced to imprisonment for an aggregate of
                        90 days or more.
            (2) Relationship of application to certain orders.--An
        alien present in the United States who has been ordered
        removed, or ordered to depart voluntarily, from the United
        States under any provision of the Immigration and Nationality
        Act may, notwithstanding such order, apply for adjustment of
        status under paragraph (1). Such an alien may not be required,
        as a condition on submitting or granting such application, to
        file a motion to reopen, reconsider, or vacate such order. If
        the Secretary of Homeland Security grants the application, the
        Secretary of Homeland Security shall cancel the order. If the
        Secretary of Homeland Security renders a final administrative
        decision to deny the application, the order shall be effective
        and enforceable to the same extent as if the application had
        not been made.
    (b) Aliens Eligible for Adjustment of Status.--The benefits
provided by subsection (a) shall apply to any alien who is a national
of Venezuela--
            (1) who was physically present in the United States on
        January 1, 2013; and
            (2) has been physically present in the United States for at
        least 1 year and is physically present in the United States on
        the date the application for adjustment of status under this
        Act is filed, except an alien shall not be considered to have
        failed to maintain continuous physical presence by reason of an
        absence, or absences, from the United States for any periods in
        the aggregate not exceeding 180 days.
    (c) Stay of Removal.--
            (1) In general.--The Secretary of Homeland Security shall
        provide by regulation for an alien subject to a final order of
        removal to seek a stay of such order based on the filing of an
        application under subsection (a).
            (2) During certain proceedings.--Notwithstanding any
        provision of the Immigration and Nationality Act (8 U.S.C. 1101
        et seq.), the Secretary of Homeland Security shall not order
        any alien to be removed from the United States, if the alien is
        in removal proceedings under any provision of such Act and
        raises as a defense to such an order the eligibility of the
        alien to apply for adjustment of status under subsection (a),
        except where the Secretary of Homeland Security has rendered a
        final administrative determination to deny the application.
            (3) Work authorization.--The Secretary of Homeland Security
        may authorize an alien who has applied for adjustment of status
        under subsection (a) to engage in employment in the United
        States during the pendency of such application and may provide
        the alien with an ``employment authorized'' endorsement or
        other appropriate document signifying authorization of
        employment, except that if such application is pending for a
        period exceeding 180 days, and has not been denied, the
        Secretary of Homeland Security shall authorize such employment.
    (d) Adjustment of Status for Spouses and Children.--
            (1) In general.--Notwithstanding section 245(c) of the
        Immigration and Nationality Act (8 U.S.C. 1255(c)), the status
        of an alien shall be adjusted by the Secretary of Homeland
        Security to that of an alien lawfully admitted for permanent
        residence, if--
                    (A) the alien is the spouse, child, or unmarried
                son or daughter, of an alien whose status is adjusted
                to that of an alien lawfully admitted for permanent
                residence under subsection (a), except that in the case
                of such an unmarried son or daughter, the son or
                daughter shall be required to establish that they have
                been physically present in the United States for at
                least 1 year;
                    (B) the alien applies for such adjustment and is
                physically present in the United States on the date the
                application is filed; and
                    (C) the alien is otherwise eligible to receive an
                immigrant visa and is otherwise admissible to the
                United States for permanent residence, except in
                determining such admissibility the grounds for
                exclusion specified in paragraphs (4), (5), (6)(A), and
                (7)(A) of section 212(a) of the Immigration and
                Nationality Act (8 U.S.C. 1182(a)) shall not apply.
            (2) Proof of continuous presence.--For purposes of
        establishing the period of continuous physical presence
        referred to in paragraph (1)(B), an alien shall not be
        considered to have failed to maintain continuous physical
        presence by reason of an absence, or absences, from the United
        States for any periods in the aggregate not exceeding 180 days.
    (e) Availability of Administrative Review.--The Secretary of
Homeland Security shall provide to applicants for adjustment of status
under subsection (a) the same right to, and procedures for,
administrative review as are provided to--
            (1) applicants for adjustment of status under section 245
        of the Immigration and Nationality Act (8 U.S.C. 1255); or
            (2) aliens subject to removal proceedings under section 240
        of such Act (8 U.S.C. 1229a).
    (f) Limitation on Judicial Review.--A determination by the
Secretary of Homeland Security as to whether the status of any alien
should be adjusted under this Act is final and shall not be subject to
review by any court.
    (g) No Offset in Number of Visas Available.--When an alien is
granted the status of having been lawfully admitted for permanent
residence pursuant to this Act, the Secretary of State shall not be
required to reduce the number of immigrant visas authorized to be
issued under any provision of the Immigration and Nationality Act.
    (h) Application of Immigration and Nationality Act Provisions.--
Except as otherwise specifically provided in this section, the
definitions contained in the Immigration and Nationality Act shall
apply in the administration of this Act. Nothing contained in this Act
shall be held to repeal, amend, alter, modify, effect, or restrict the
powers, duties, functions, or authority of the Secretary of Homeland
Security in the administration and enforcement of such Act or any other
law relating to immigration, nationality, or naturalization. The fact
that an alien may be eligible to be granted the status of having been
lawfully admitted for permanent residence under this section shall not
preclude the alien from seeking such status under any other provision
of law for which the alien may be eligible.

Summary: Venezuelan Refugee Assistance Act This bill provides for the status adjustment to permanent resident of a qualifying Venezuelan national who: (1) was physically present in the United States on January 1, 2013, (2) has been physically present in the United States for at least one year and is physically present in the United States on the date the status adjustment application is filed, (3) has not been convicted of specified crimes and was never involved in the persecution of others, and (4) applies for adjustment before January 1, 2019. Derivative adjustment of status is provided for the spouse, child, or certain unmarried sons or daughters of such alien.

Venezuelan Refugee Assistance Act


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Medicare Drug Savings Through Choice
Act of 2007''.

SEC. 2. ESTABLISHMENT OF MEDICARE OPERATED PRESCRIPTION DRUG PLAN
              OPTION.

    (a) In General.--Subpart 2 of part D of the Social Security Act is
amended by inserting after section 1860D-11 (42 U.S.C. 1395w-111) the
following new section:

           ``medicare operated prescription drug plan option

    ``Sec. 1860D-11A.  (a) In General.--Notwithstanding any other
provision of this part, for each year (beginning with 2008), in
addition to any plans offered under section 1860D-11, the Secretary
shall offer a Medicare operated prescription drug plan (as defined in
subsection (b)) with a service area that consists of the entire United
States.
    ``(b) Medicare Operated Prescription Drug Plan Defined.--For
purposes of this part, the term `Medicare operated prescription drug
plan' means a prescription drug plan that offers qualified prescription
drug coverage and access described in section 1860D-2(d) to the prices
negotiated under subsection (c)(1). Such plan may offer supplemental
prescription drug coverage in the same manner as other qualified
prescription drug coverage offered by other prescription drug plans.
    ``(c) Enhanced Affordability Through Negotiations.--
            ``(1) In general.--Notwithstanding section 1860D-11(i), for
        purposes of offering the Medicare operated prescription drug
        plan under this section, the Secretary shall negotiate with
        pharmaceutical manufacturers with respect to the purchase price
        of such covered part D drugs and shall encourage the use of
        more affordable therapeutic equivalents to the extent such
        practices do not override medical necessity as determined by
        the prescribing physician.
            ``(2) Implementation of other cost savings strategies.--To
        the extent practicable and consistent with paragraph (1), the
        Secretary shall implement strategies similar to those used by
        the Department of Veterans Affairs or other Federal purchasers
        of prescription drugs, and other strategies, to reduce the
        purchase cost of covered part D drugs.
            ``(3) Conditioning use of formularies.--Insofar as the
        Medicare operated prescription drug plan uses a formulary, such
        plan shall inform, consistent with section 1860D-4(a)(3)(B),
        enrollees of changes in such formulary, including changes in
        covered drugs and the prices of such drugs.
            ``(4) Savings used to fill gaps in prescription drug
        coverage.--Any savings to the Medicare operated prescription
        drug plan resulting from actions take under this subsection
        shall be used by the plan to extend coverage under the plan to
        individuals who have reached the initial coverage limit
        applicable under the plan but who have not reached the annual
        out-of-pocket threshold specified in section 1860D-2(b)(4)(B).
    ``(d) Monthly Premiums.--
            ``(1) For qualified prescription drug coverage.--
                    ``(A) Nationally uniform monthly beneficiary
                premium.--The monthly beneficiary premium for qualified
                prescription drug coverage and access to negotiated
                prices described in section 1860D-2(a)(1)(A) to be
                charged under the Medicare operated prescription drug
                plan shall be uniform nationally.
                    ``(B) Bid based on costs.--The bid submitted under
                section 1860D-11(b)(2)(C) for the Medicare operated
                prescription drug plan shall be based on the average
                monthly per capita actuarial cost of offering such plan
                for the year involved, including administrative
                expenses.
            ``(2) Supplemental prescription drug coverage.--Insofar as
        the Medicare operated prescription drug plan offers
        supplemental prescription drug coverage, the Secretary shall
        adjust the amount of the bid submitted under section 1860D-
        11(b)(2)(C) (and the premium charged under paragraph (1)) to
        reflect the additional benefits offered under such coverage.
    ``(e) Open Enrollment.--A part D eligible individual may enroll in
the Medicare operated prescription drug plan at any time.''.
    (b) No Late Enrollment Penalty for Individuals Enrolled in Medicare
Operated Prescription Drug Plan.--Section 1860D-13(b)(2) of such Act
(42 U.S.C. 1395w-113(b)(2)) is amended by adding at the end the
following new sentence: ``A part D eligible individual described in
this paragraph does not include an individual enrolled in the Medicare
operated prescription drug plan during the period in which the
individual is so enrolled.''.
    (c) Conforming Amendments.--
            (1) Section 1860D-1(b)(1)(B)(iii) of the Social Security
        Act (42 U.S.C. 1395w-101(b)(1)(B)(iii)) is amended by inserting
        ``and section 1860D-11A(e)'' after ``paragraphs (2) and (3) of
        this subsection''.
            (2) Section 1860D-2(b)(3)(A) of such Act (42 U.S.C. 1395w-
        102(b)(3)(A)) is amended by inserting ``and section 1860D-
        11A(c)(4)'' after ``paragraph (4)''.
            (3) Section 1860D-3(a) of such Act (42 U.S.C. 1395w-103(a))
        is amended by adding at the end the following new paragraph:
            ``(4) Availability of the medicare operated prescription
        drug plan.--
                    ``(A) In general.--The Medicare operated
                prescription drug plan shall be offered nationally in
                accordance with section 1860D-11A.
                    ``(B) Relationship to other plans.--
                            ``(i) In general.--Subject to clause (ii),
                        the Medicare operated prescription drug plan
                        shall be offered in addition to any qualifying
                        plan or fallback prescription drug plan offered
                        in a PDP region and shall not be considered to
                        be such a plan for purposes of meeting the
                        requirements of this subsection.
                            ``(ii) Designation as a fallback plan.--
                        Notwithstanding any other provision of this
                        part, the Secretary may designate the Medicare
                        operated prescription drug plan as the fallback
                        prescription drug plan for any fallback service
                        area (as defined in section 1860D-11(g)(3))
                        determined to be appropriate by the
                        Secretary.''.
            (4) Section 1860D-13(c)(3) of such Act (42 U.S.C. 1395w-
        113(c)(3)) is amended--
                    (A) in the heading, by inserting ``and the Medicare
                operated prescription drug plan'' after ``Fallback
                plans''; and
                    (B) by inserting ``or the Medicare operated
                prescription drug plan'' after ``a fallback
                prescription drug plan''.
            (5) Section 1860D-16(b)(1) of such Act (42 U.S.C.1395w-
        116(b)(1)) is amended--
                    (A) in subparagraph (C), by striking ``and'' after
                the semicolon at the end; and
                    (B) in subparagraph (D), by striking the period at
                the end and inserting ``; and''; and
                    ``(E) payments for expenses incurred with respect
                to the operation of the Medicare operated prescription
                drug plan under section 1860D-11A.''.
            (6) Section 1860D-41(a) of such Act (42 U.S.C. 1395w-
        151(a)) is amended by adding at the end the following new
        paragraph:
            ``(19) Medicare operated prescription drug plan.--The term
        `Medicare operated prescription drug plan' has the meaning
        given such term in section 1860D-11A(b).''.

Summary: Medicare Drug Savings Through Choice Act of 2007 - Amends part D of title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services to: (1) offer a Medicare operated prescription drug plan with a service area that consists of the entire United States. (2) negotiate with pharmaceutical manufacturers to reduce the purchase cost of covered Medicare part D drugs. And (3) encourage the use of more affordable therapeutic equivalents. Requires the monthly beneficiary premium charged under such a plan to be uniform nationally. Requires adjustment of such premium amount in case of supplemental prescription drug coverage.

To amend title XVIII of the Social Security Act to provide for a Medicare operated prescription drug plan option to deliver a meaningful drug benefit and lower prescription drug prices under the Medicare Program.


SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Water Quality
Protection and Job Creation Act of 2017''.
    (b) Table of Contents.--The table of contents for this Act is as
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Amendment of Federal Water Pollution Control Act.
                    TITLE I--WATER QUALITY FINANCING

            Subtitle A--Technical and Management Assistance

Sec. 101. Technical assistance.
Sec. 102. State management assistance.
Sec. 103. Watershed pilot projects.
Sec. 104. Nonpoint source management programs.
       Subtitle B--State Water Pollution Control Revolving Funds

Sec. 121. Capitalization grant agreements.
Sec. 122. Water pollution control revolving loan funds.
Sec. 123. State planning assistance.
Sec. 124. Intended use plan.
Sec. 125. Technical assistance.
Sec. 126. Authorization of appropriations.
 TITLE II--ALTERNATIVE WATER SOURCE AND SEWER OVERFLOW AND STORMWATER
                                 GRANTS

Sec. 201. Pilot program for alternative water source projects.
Sec. 202. Sewer overflow control grants.

SEC. 2. AMENDMENT OF FEDERAL WATER POLLUTION CONTROL ACT.

    Except as otherwise expressly provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of the Federal Water Pollution
Control Act (33 U.S.C. 1251 et seq.).

                    TITLE I--WATER QUALITY FINANCING

            Subtitle A--Technical and Management Assistance

SEC. 101. TECHNICAL ASSISTANCE.

    (a) Technical Assistance for Rural and Small Treatment Works.--
Section 104(b) (33 U.S.C. 1254(b)) is amended--
            (1) by striking ``and'' at the end of paragraph (6);
            (2) by striking the period at the end of paragraph (7) and
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(8) make grants to nonprofit organizations--
                    ``(A) to provide technical assistance to rural,
                small, and tribal municipalities for the purpose of
                assisting, in consultation with the State in which the
                assistance is provided, such municipalities and tribal
                governments in the planning, developing, and
                acquisition of financing for eligible projects
                described in section 603(c);
                    ``(B) to provide technical assistance and training
                for rural, small, and tribal publicly owned treatment
                works and decentralized wastewater treatment systems to
                enable such treatment works and systems to protect
                water quality and achieve and maintain compliance with
                the requirements of this Act; and
                    ``(C) to disseminate information to rural, small,
                and tribal municipalities and municipalities that meet
                the affordability criteria established under section
                603(i)(2) by the State in which the municipality is
                located with respect to planning, design, construction,
                and operation of publicly owned treatment works and
                decentralized wastewater treatment systems.''.
    (b) Authorization of Appropriations.--Section 104(u) (33 U.S.C.
1254(u)) is amended--
            (1) by striking ``and (6)'' and inserting ``(6)''; and
            (2) by inserting before the period at the end the
        following: ``; and (7) not to exceed $100,000,000 for each of
        fiscal years 2018 through 2022 for carrying out subsections
        (b)(3), (b)(8), and (g), except that not less than 20 percent
        of the amounts appropriated pursuant to this paragraph in a
        fiscal year shall be used for carrying out subsection (b)(8)''.

SEC. 102. STATE MANAGEMENT ASSISTANCE.

    (a) Authorization of Appropriations.--Section 106(a) (33 U.S.C.
1256(a)) is amended--
            (1) by striking ``and'' at the end of paragraph (1);
            (2) by striking the semicolon at the end of paragraph (2)
        and inserting ``; and''; and
            (3) by inserting after paragraph (2) the following:
            ``(3) such sums as may be necessary for each of fiscal
        years 1991 through 2017, and $300,000,000 for each of fiscal
        years 2018 through 2022;''.
    (b) Technical Amendment.--Section 106(e) (33 U.S.C. 1256(e)) is
amended by striking ``Beginning in fiscal year 1974 the'' and inserting
``The''.

SEC. 103. WATERSHED PILOT PROJECTS.

    Section 122(c) is amended to read as follows:
    ``(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $120,000,000 for each of fiscal
years 2018 through 2022.''.

SEC. 104. NONPOINT SOURCE MANAGEMENT PROGRAMS.

    Section 319(j) (33 U.S.C. 1329(j)) is amended by striking
``$70,000,000'' and all that follows through ``fiscal year 1991'' and
inserting ``$200,000,000 for each of fiscal years 2018 through 2022''.

       Subtitle B--State Water Pollution Control Revolving Funds

SEC. 121. CAPITALIZATION GRANT AGREEMENTS.

    Section 602(b) (33 U.S.C. 1382(b)) is amended--
            (1) in paragraph (13)(B)(iii), by striking ``; and'' and
        inserting a semicolon;
            (2) in paragraph (14), by striking the period at the end
        and inserting ``; and''; and
            (3) by adding at the end the following:
            ``(15) the State will use at least 15 percent of the amount
        of each capitalization grant received by the State under this
        title after September 30, 2017, to provide assistance to
        municipalities of fewer than 10,000 individuals that meet the
        affordability criteria established by the State under section
        603(i)(2) for projects or activities included on the State's
        priority list under section 603(g), to the extent that there
        are sufficient applications for such assistance.''.

SEC. 122. WATER POLLUTION CONTROL REVOLVING LOAN FUNDS.

    Section 603(d) (33 U.S.C. 1383(d)) is amended--
            (1) by striking ``and'' at the end of paragraph (6);
            (2) by striking the period at the end of paragraph (7) and
        inserting a semicolon; and
            (3) by adding at the end the following:
            ``(8) to provide grants to owners and operators of
        treatment works that serve a population of 10,000 or fewer for
        obtaining technical and planning assistance and assistance in
        financial management, user fee analysis, budgeting, capital
        improvement planning, facility operation and maintenance,
        equipment replacement, and other activities to improve
        wastewater treatment plant management and operations, except
        that the total amount provided by the State in grants under
        this paragraph for a fiscal year may not exceed one percent of
        the total amount of assistance provided by the State from the
        fund in the preceding fiscal year, or 2 percent of the total
        amount received by the State in capitalization grants under
        this title in the preceding fiscal year, whichever amount is
        greatest; and
            ``(9) to provide grants to owners and operators of
        treatment works for conducting an assessment of the energy and
        water consumption of the treatment works, and evaluating
        potential opportunities for energy and water conservation
        through facility operation and maintenance, equipment
        replacement, and projects or activities that promote the
        efficient use of energy and water by the treatment works,
        except that the total amount provided by the State in grants
        under this paragraph for a fiscal year may not exceed one
        percent of the total amount of assistance provided by the State
        from the fund in the preceding fiscal year, or 2 percent of the
        total amount received by the State in capitalization grants
        under this title in the preceding fiscal year, whichever amount
        is greatest.''.

SEC. 123. STATE PLANNING ASSISTANCE.

    Section 604(b) (33 U.S.C. 1384(b)) is amended by striking ``1
percent'' and inserting ``2 percent''.

SEC. 124. INTENDED USE PLAN.

    (a) Integrated Priority List.--Section 603(g) (33 U.S.C. 1383(g))
is amended to read as follows:
    ``(g) Priority List.--
            ``(1) In general.--For fiscal year 2019 and each fiscal
        year thereafter, a State shall establish or update a list of
        projects and activities for which assistance is sought from the
        State's water pollution control revolving fund. Such projects
        and activities shall be listed in priority order based on the
        methodology established under paragraph (2). The State may
        provide financial assistance from the State's water pollution
        control revolving fund only with respect to a project or
        activity included on such list. In the case of projects and
        activities eligible for assistance under subsection (c)(2), the
        State may include on such list a category or subcategory of
        nonpoint sources of pollution to be addressed.
            ``(2) Methodology.--
                    ``(A) In general.--Not later than 1 year after the
                date of enactment of this paragraph, and after
                providing notice and opportunity for public comment,
                each State shall establish a methodology for developing
                a priority list under paragraph (1).
                    ``(B) Priority for projects and activities that
                achieve greatest water quality improvement.--In
                developing the methodology, the State shall seek to
                achieve the greatest degree of water quality
                improvement, taking into consideration--
                            ``(i) the requirements of section
                        602(b)(5);
                            ``(ii) whether such water quality
                        improvements would be realized without
                        assistance under this title; and
                            ``(iii) whether the proposed projects and
                        activities would address water quality
                        impairments associated with existing treatment
                        works.
                    ``(C) Considerations in selecting projects and
                activities.--In determining which projects and
                activities will achieve the greatest degree of water
                quality improvement, the State shall consider--
                            ``(i) information developed by the State
                        under sections 303(d) and 305(b);
                            ``(ii) the State's continuing planning
                        process developed under sections 205(j) and
                        303(e);
                            ``(iii) whether such project or activity
                        may have a beneficial impact related to the
                        purposes identified under section 302(a);
                            ``(iv) the State's management program
                        developed under section 319; and
                            ``(v) conservation and management plans
                        developed under section 320 with respect to an
                        estuary lying in whole or in part within the
                        State.
                    ``(D) Nonpoint sources.--For categories or
                subcategories of nonpoint sources of pollution that a
                State may include on its priority list under paragraph
                (1), the State shall consider the cumulative water
                quality improvements associated with projects or
                activities carried out pursuant to the listing of such
                categories or subcategories.
                    ``(E) Existing methodologies.--If a State has
                previously developed, after providing notice and an
                opportunity for public comment, a methodology that
                meets the requirements of this paragraph, the State may
                use the methodology for the purposes of this
                subsection.''.
    (b) Intended Use Plan.--Section 606(c) (33 U.S.C. 1386(c)) is
amended--
            (1) in the matter preceding paragraph (1) by inserting
        ``and publish'' after ``each State shall annually prepare'';
            (2) by striking paragraph (1) and inserting the following:
            ``(1) the State's priority list developed under section
        603(g);'';
            (3) in paragraph (4), by striking ``and'' at the end;
            (4) by striking the period at the end of paragraph (5) and
        inserting ``; and''; and
            (5) by adding at the end the following:
            ``(6) if the State does not fund projects and activities in
        the order of the priority established under section 603(g), an
        explanation of why such a change in order is appropriate.''.
    (c) Transitional Provision.--Before completion of a priority list
based on a methodology established under section 603(g) of the Federal
Water Pollution Control Act (as amended by this section), a State shall
continue to comply with the requirements of sections 603(g) and 606(c)
of such Act, as in effect on the day before the date of enactment of
this Act.

SEC. 125. TECHNICAL ASSISTANCE.

    Section 607 is amended to read as follows:

``SEC. 607. TECHNICAL ASSISTANCE.

    ``(a) Simplified Procedures.--Not later than 1 year after the date
of enactment of this section, the Administrator shall assist the States
in establishing simplified procedures for treatment works to obtain
assistance under this title.
    ``(b) Publication of Manual.--Not later than 2 years after the date
of the enactment of this section, and after providing notice and
opportunity for public comment, the Administrator shall publish a
manual to assist treatment works in obtaining assistance under this
title and publish in the Federal Register notice of the availability of
the manual.''.

SEC. 126. AUTHORIZATION OF APPROPRIATIONS.

    Title VI (33 U.S.C. 1381 et seq.) is amended by adding at the end
the following:

``SEC. 609. AUTHORIZATION OF APPROPRIATIONS.

    ``There is authorized to be appropriated to carry out the purposes
of this title $4,000,000,000 for each of fiscal years fiscal year 2018
through 2022.''.

 TITLE II--ALTERNATIVE WATER SOURCE AND SEWER OVERFLOW AND STORMWATER
                                 GRANTS

SEC. 201. PILOT PROGRAM FOR ALTERNATIVE WATER SOURCE PROJECTS.

    (a) Selection of Projects.--Section 220(d) (33 U.S.C. 1300(d)) is
amended by striking paragraph (2) and redesignating paragraph (3) as
paragraph (2).
    (b) Committee Resolution Procedure.--Section 220 (33 U.S.C.
1300(e)) is amended by striking subsection (e) and redesignating
subsections (f) through (j) as subsections (e) through (i),
respectively.
    (c) Definitions.--Section 220(h)(1) (as redesignated by subsection
(c) of this section) is amended by striking ``or wastewater or by
treating wastewater'' and inserting ``, wastewater, or stormwater or by
treating wastewater or stormwater''.
    (d) Authorization of Appropriations.--Section 220(i) (as
redesignated by subsection (c) of this section) is amended by striking
``$75,000,000 for fiscal years 2002 through 2004'' and inserting
``$75,000,000 for each of fiscal years 2018 through 2022''.

SEC. 202. SEWER OVERFLOW CONTROL GRANTS.

    Section 221 (33 U.S.C. 1301) is amended--
            (1) by amending the section heading to read as follows:
        ``sewer overflow and stormwater reuse municipal grants'';
            (2) by amending subsection (a) to read as follows:
    ``(a) In General.--
            ``(1) Grants to states.--The Administrator may make grants
        to States for the purpose of providing grants to a municipality
        or municipal entity for planning, design, and construction of
        treatment works to intercept, transport, control, treat, or
        reuse municipal combined sewer overflows, sanitary sewer
        overflows, or stormwater.
            ``(2) Direct municipal grants.--Subject to subsection (g),
        the Administrator may make a direct grant to a municipality or
        municipal entity for the purposes described in paragraph
        (1).'';
            (3) by amending subsection (e) to read as follows:
    ``(e) Administrative Requirements.--A project that receives
assistance under this section shall be carried out subject to the same
requirements as a project that receives assistance from a State water
pollution control revolving fund under title VI, except to the extent
that the Governor of the State in which the project is located
determines that a requirement of title VI is inconsistent with the
purposes of this section. For the purposes of this subsection, a
Governor may not determine that the requirements of title VI relating
to the application of section 513 are inconsistent with the purposes of
this section.'';
            (4) by amending subsection (f) to read as follows:
    ``(f) Authorization of Appropriations.--
            ``(1) In general.--There is authorized to be appropriated
        to carry out this section $500,000,000 for each of fiscal years
        2018 through 2022.
            ``(2) Minimum allocations.--To the extent there are
        sufficient eligible project applications, the Administrator
        shall ensure that a State uses not less than 20 percent of the
        amount of the grants made to the State under subsection (a) in
        a fiscal year to carry out projects to intercept, transport,
        control, treat, or reuse municipal combined sewer overflows,
        sanitary sewer overflows, or stormwater through the use of
        green infrastructure, water and energy efficiency improvements,
        and other environmentally innovative activities.''; and
            (5) by amending subsection (g) to read as follows:
    ``(g) Allocation of Funds.--
            ``(1) Fiscal year 2018.--Subject to subsection (h), the
        Administrator shall use the amounts appropriated to carry out
        this section for fiscal year 2018 for making grants to
        municipalities and municipal entities under subsection (a)(2)
        in accordance with the criteria set forth in subsection (b).
            ``(2) Fiscal year 2019 and thereafter.--Subject to
        subsection (h), the Administrator shall use the amounts
        appropriated to carry out this section for fiscal year 2019 and
        each fiscal year thereafter for making grants to States under
        subsection (a)(1) in accordance with a formula to be
        established by the Administrator, after providing notice and an
        opportunity for public comment, that allocates to each State a
        proportional share of such amounts based on the total needs of
        the State for municipal combined sewer overflow controls,
        sanitary sewer overflow controls, and stormwater identified in
        the most recent survey conducted pursuant to section 516 and
        any other information the Administrator considers
        appropriate.''.

Summary: Water Quality Protection and Job Creation Act of 2017 The bill amends the Federal Water Pollution Control Act to reauthorize through FY2022: programs for preventing and reducing pollution through research, investigations, and training, state and interstate water pollution control programs, wet weather watershed pilot projects. A grant program for implementing state management programs for controlling pollution added from nonpoint sources to navigable waters, a grant program for protecting groundwater quality, clean water state revolving funds, a pilot program for alternative water source projects. And sewer overflow and stormwater reuse municipal grants . The bill authorizes the Environmental Protection Agency to make grants to rural, small, and tribal municipalities for addressing pollution. The bill revises requirements governing capitalization grant agreements, clean water state revolving funds, and sewer overflow and stormwater reuse municipal grants.