US Codex
Pub. L.
Notes

Division S — Other Matter

115th Congress · Approved Mar 23, 2018 · 132 Stat. 348 · Lineage

DIVISION S Other Matter

TITLE I Child Protection Improvements Act

SEC. 101. National Criminal History Background Check and Criminal History Review Program.

(a)
In General.— The National Child Protection Act of 1993 (34 U.S.C. 40101 et seq.) is amended—
(1)
in section 3 (34 U.S.C. 40102)—
(A)
by striking “ provider” each place it appears and inserting “ covered individual”;
(B)
by striking “ provider’s” each place it appears and inserting “ covered individual’s”;
(C)
by amending subsection (a)(3) to read as follows:

“(3)

(A) The Attorney General shall establish a program, in accordance with this section, to provide qualified entities located in States that do not have in effect procedures described in paragraph (1), or qualified entities located in States that do not prohibit the use of the program established under this paragraph, with access to national criminal history background checks on, and criminal history reviews of, covered individuals. In any case where the use of a Federal national criminal history background check program is required pursuant to Federal law as of the effective date of this subparagraph, the program under this subparagraph may not be used.

“(B) A qualified entity described in subparagraph (A) may submit to the appropriate designated entity a request for a national criminal history background check on, and a criminal history review of, a covered individual. Qualified entities making a request under this paragraph shall comply with the guidelines set forth in subsection (b), and with any additional applicable procedures set forth by the Attorney General or by the State in which the entity is located.”

(D)
in subsection (b)—
(i)
in paragraph (1)(E), by striking “ unsupervised”;
(ii)
by amending paragraph (2) to read as follows:

“(2) that the State, or in a State that does not have in effect procedures described in subsection (a)(1), the designated entity, ensures that—

“(A) each covered individual who is the subject of a background check under subsection (a) is entitled to obtain a copy of any background check report;

“(B) each covered individual who is the subject of a background check under subsection (a) is provided a process by which the covered individual may appeal the results of the background check to challenge the accuracy or completeness of the information contained in the background report of the covered individual and obtain a prompt determination as to the validity of such challenge before a final determination is made by the authorized agency;

“(C)

(i) each covered individual described in subparagraph (B) is given notice of the opportunity to appeal;

“(ii) each covered individual described in subparagraph (B) will receive instructions on how to complete the appeals process if the covered individual wishes to challenge the accuracy or completeness of the information contained in the background report of the covered individual; and

“(iii) the appeals process is completed in a timely manner for each covered individual described in subparagraph (B);

“(iv) the appeals process is consistent with title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.); and

“(D) an authorized agency, upon receipt of a background check report lacking disposition data, shall conduct research in whatever State and local recordkeeping systems are available in order to obtain complete data;”

(iii)
in paragraph (3), by inserting “ or designated entity, as applicable,” after “ authorized agency”; and
(iv)
in paragraph (4), by inserting “ or designated entity, as applicable,” after “ authorized agency”;
(E)
in subsection (d), by inserting “ , nor shall any designated entity nor any officer or employee thereof,” after “ officer or employee thereof,”;
(F)
by amending subsection (e) to read as follows:

“(e) Fees.—

“(1) State program.—In the case of a background check conducted pursuant to a State requirement adopted after December 20, 1993, conducted with fingerprints on a covered individual, the fees collected by authorized State agencies and the Federal Bureau of Investigation may not exceed the actual cost of the background check conducted with fingerprints.

“(2) Federal program.—In the case of a national criminal history background check and criminal history review conducted pursuant to the procedures established pursuant to subsection (a)(3), the fees collected by a designated entity shall be set at a level that will ensure the recovery of the full costs of providing all such services. The designated entity shall remit the appropriate portion of such fee to the Attorney General, which amount is in accordance with the amount published in the Federal Register to be collected for the provision of a criminal history background check by the Federal Bureau of Investigation.

“(3) Ensuring fees do not discourage volunteers.—A fee system under this subsection shall be established in a manner that ensures that fees to qualified entities for background checks do not discourage volunteers from participating in programs to care for children, the elderly, or individuals with disabilities. A fee charged to a qualified entity that is not organized under section 501(c)(3) of the Internal Revenue Code of 1986 may not be less than the total sum of the costs of the Federal Bureau of Investigation and the designated entity.”

; and

(G)
by inserting after subsection (e) the following:

“(f) National Criminal History Background Check and Criminal History Review Program.—

“(1) National criminal history background check.—Upon a designated entity receiving notice of a request submitted by a qualified entity pursuant to subsection (a)(3), the designated entity shall forward the request to the Attorney General, who shall, acting through the Director of the Federal Bureau of Investigation, complete a fingerprint-based check of the national criminal history background check system, and provide the information received in response to such national criminal history background check to the appropriate designated entity. The designated entity may, upon request from a qualified entity, complete a check of a State criminal history database.

“(2) Criminal history review.—

“(A) Designated entities.—The Attorney General shall designate, and enter into an agreement with, one or more entities to make determinations described in subparagraph (B). The Attorney General may not designate and enter into an agreement with a Federal agency under this subparagraph.

“(B) Determinations.—A designated entity shall, upon the receipt of the information described in paragraph (1), make a determination of fitness described in subsection (b)(4), using the criteria described in subparagraph (C).

“(C) Criminal history review criteria.—The Attorney General shall, by rule, establish the criteria for use by designated entities in making a determination of fitness described in subsection (b)(4). Such criteria shall be based on the criteria established pursuant to section 108(a)(3)(G)(i) of the Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act of 2003 (34 U.S.C. 40102 note) and section 658H of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858f).”

; and

(2)
in section 5 (34 U.S.C. 40104)—
(A)
by amending paragraph (9) to read as follows:

“(9) the term ‘covered individual’ means an individual—

“(A) who has, seeks to have, or may have access to children, the elderly, or individuals with disabilities, served by a qualified entity; and

“(B) who—

“(i) is employed by or volunteers with, or seeks to be employed by or volunteer with, a qualified entity; or

“(ii) owns or operates, or seeks to own or operate, a qualified entity;”

(B)
in paragraph (10), by striking “ and” at the end;
(C)
in paragraph (11), by striking the period at the end and inserting “ ; and”; and
(D)
by inserting after paragraph (11) the following:

“(12) the term ‘designated entity’ means an entity designated by the Attorney General under section 3(f)(2)(A).”

(b)
Implementation.— The Attorney General shall ensure that this section and the amendments made by this section are fully implemented not later than 1 year after the date of enactment of this section.

TITLE II Save America’s Pastime Act

SEC. 201. Application of the Fair Labor Standards Act of 1938 to Minor League Baseball Players.

(a)
In General.— Section 13(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(a)) is amended—
(1)
in paragraph (18), by striking the period and inserting “ ; or”; and
(2)
by adding at the end the following:

“(19) any employee employed to play baseball who is compensated pursuant to a contract that provides for a weekly salary for services performed during the league’s championship season (but not spring training or the off season) at a rate that is not less than a weekly salary equal to the minimum wage under section 6(a) for a workweek of 40 hours, irrespective of the number of hours the employee devotes to baseball related activities.”

(b)
Effective Date.— This section, and the amendments made by this section, shall take effect on the date of enactment of this Act.

TITLE III Keep Young Athletes Safe Act

SEC. 301. Short Title.

This title may be cited as the “Keep Young Athletes Safe Act of 2018”.

SEC. 302. Grant to Protect Young Athletes from Abuse.

(a)
In General.— Chapter 2205 of title 36, United States Code, is amended by adding at the end the following:

“SUBCHAPTER III— GRANT TO KEEP YOUNG ATHLETES SAFE

Ҥ 220531. Grant to protect young athletes from abuse

“(a) Authority.—The Attorney General may award a grant to an eligible nonprofit nongovernmental entity in order to support oversight of the United States Olympic Committee, each national governing body, and each paralympic sports organization with regard to safeguarding amateur athletes against abuse, including emotional, physical, and sexual abuse in sports.

“(b) Applications.—To be eligible to receive a grant under this section, a nonprofit nongovernmental entity shall submit an application to the Attorney General at such time, in such manner, and containing such information as the Attorney General may require, including information that demonstrates that the entity has—

“(1) nationally recognized expertise in preventing and investigating emotional, physical, and sexual abuse in the athletic programs of the United States Olympic Committee, each national governing body, and each paralympic sports organization; and

“(2) the capacity to oversee regular and random audits to ensure that the policies and procedures used by the United States Olympic Committee, each national governing body, and each paralympic sports organization to prevent and identify the abuse of an amateur athlete are followed correctly.

“(c) Use of Grant Amount.—An entity that receives a grant under this section may use such funds—

“(1) to develop and test new training materials for emotional, physical, and sexual abuse prevention and identification education in youth athletic programs;

“(2) for staff salaries, travel expenses, equipment, printing, and other reasonable expenses necessary to develop, maintain, and disseminate to the United States Olympic Committee, each national governing body, each paralympic sports organization, and other amateur sports organizations information about safeguarding amateur athletes against abuse, including emotional, physical, and sexual abuse in sports; and

“(3) to oversee the administration of the procedures described in subsection (b)(2).

“(d) Authorization of Appropriations.—

“(1) In general.—There is authorized to be appropriated to carry out this section $2,500,000 for each of the fiscal years 2018 through 2022.

“(2) Availability of grant funds.—Funds appropriated under this section shall remain available until expended.”

(b)
Clerical Amendment.— The table of sections for chapter 2205 of title 36, United States Code, is amended by inserting after the item related to section 220529 the following:

“subchapter iii— grant to keep young athletes safe

“220531. Grant to protect young athletes from abuse.”.

TITLE IV Consent of Congress to Amendments to the Constitution of the State of Arizona

SEC. 401. Consent of Congress to Amendments to the Constitution of the State of Arizona.

Congress consents to the amendments to the Constitution of the State of Arizona proposed by House Concurrent Resolution 2001 of the 52nd Legislature of the State of Arizona, First Special Session, 2015, entitled “A Concurrent Resolution Proposing an Amendment to the Constitution of Arizona; Amending Article X, Section 7, Constitution of Arizona; Amending Article XI, Constitution of Arizona, by Adding Section 11; Relating to Education Finance”, approved by the voters of the State of Arizona at the special election held on May 17, 2016.

TITLE V Stop School Violence Act

SEC. 501. Short Title.

This title may be cited as the “Student, Teachers, and Officers Preventing School Violence Act of 2018” or the “STOP School Violence Act of 2018”.

SEC. 502. Grant Program for School Security.

Part AA of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10551 et seq.) is amended—
(1)
in section 2701 (34 U.S.C. 10551)—
(A)
by striking subsection (a) and inserting the following:

“(a) In General.—

“(1) COPS grants.—The Director of the Office of Community Oriented Policing Services (referred to in this part as the ‘COPS Director’) is authorized to make grants to States, units of local government, and Indian tribes for the purposes described in paragraphs (5) through (9) of subsection (b).

“(2) BJA grants.—The Director of the Bureau of Justice Assistance (referred to in this part as the ‘BJA Director’) is authorized to make grants to States, units of local government, and Indian tribes for the purposes described in paragraphs (1) through (4) of subsection (b).”

(B)
in subsection (b)—
(i)
in the matter preceding paragraph (1), by inserting “ evidence-based school safety programs that may include” after “ through”; and
(ii)
by striking paragraphs (1) through (6) and inserting the following:

“(1) Training school personnel and students to prevent student violence against others and self.

“(2) The development and operation of anonymous reporting systems for threats of school violence, including mobile telephone applications, hotlines, and Internet websites.

“(3) The development and operation of—

“(A) school threat assessment and intervention teams that may include coordination with law enforcement agencies and school personnel; and

“(B) specialized training for school officials in responding to mental health crises.

“(4) Any other measure that, in the determination of the BJA Director, may provide a significant improvement in training, threat assessments and reporting, and violence prevention.

“(5) Coordination with local law enforcement.

“(6) Training for local law enforcement officers to prevent student violence against others and self.

“(7) Placement and use of metal detectors, locks, lighting, and other deterrent measures.

“(8) Acquisition and installation of technology for expedited notification of local law enforcement during an emergency.

“(9) Any other measure that, in the determination of the COPS Director, may provide a significant improvement in security.”

(C)
by redesignating subsections (c) through (f) as subsections (e) through (h), respectively;
(D)
by inserting after subsection (b) the following:

“(c) Contracts and Subawards.—A State, unit of local government, or Indian tribe may, in using a grant under this part for purposes authorized under subsection (b), use the grant to contract with or make 1 or more subawards to 1 or more—

“(1) local educational agencies;

“(2) nonprofit organizations, excluding schools; or

“(3) units of local government or tribal organizations.

“(d) Services and Benefits for Schools.—An entity that receives a subaward or contract under subsection (c) may use such funds to provide services or benefits described under subsection (b) to 1 or more schools.”

(E)
in subsection (e), as so redesignated—
(i)
by striking “ Director” and inserting “ COPS Director and the BJA Director”;
(ii)
by striking “ and has” and inserting “ has”; and
(iii)
by inserting before the period at the end the following: “ , and will use evidence-based strategies and programs, such as those identified by the Comprehensive School Safety Initiative of the Department of Justice”;
(F)
in subsection (f), as so redesignated—
(i)
in paragraph (1), by striking “ 50 percent” and inserting “ 75 percent”; and
(ii)
in paragraph (3), by striking “ Director may” and inserting “ COPS Director and the BJA Director may each”;
(G)
in subsection (g), as so redesignated, by striking “ Director shall” and inserting “ COPS Director and the BJA shall each”; and
(H)
in subsection (h), as so redesignated, by striking “ Director may” and inserting “ COPS Director and the BJA Director may each”;
(2)
in section 2702 (34 U.S.C. 10552)—
(A)
in subsection (a)—
(i)
in the matter preceding paragraph (1)—
(I)
by striking “ the Director” the first place it appears and inserting “ the COPS Director or the BJA Director, as the case may be,”; and
(II)
by striking “ the Director may” and inserting “ the COPS Director or the BJA Director may”;
(ii)
in paragraph (1)(B), by striking “ and” at the end;
(iii)
in paragraph (2)—
(I)
in the matter preceding subparagraph (A), by striking “ child psychologists” and inserting “ licensed mental health professionals”; and
(II)
in subparagraph (B), by striking the period at the end and inserting a semicolon; and
(iv)
by adding at the end the following:

“(3) include an assurance that the applicant shall maintain and report such data, records, and information (programmatic and financial) as the COPS Director or the BJA Director may reasonably require;

“(4) include a certification, made in a form acceptable to the COPS Director or the BJA Director, as the case may be, that—

“(A) the programs to be funded by the grant meet all the requirements of this part;

“(B) all the information contained in the application is correct; and

“(C) the applicant will comply with all provisions of this part and all other applicable Federal laws.”

; and

(B)
in subsection (b)—
(i)
by striking “ this part” and inserting “ the STOP School Violence Act of 2018”; and
(ii)
by striking “ Director shall” and inserting “ COPS Director and the BJA Director shall each”;
(3)
in section 2703 (34 U.S.C. 10553)—
(A)
in the section heading, by inserting after “ congress” the following: “ ; grant accountability”;
(B)
by striking “ Not later” and inserting the following:

“(a) Annual Report.—Not later”

(C)
by striking “ Director shall” and inserting “ COPS Director and the BJA Director shall each”; and
(D)
by adding at the end the following:

“(b) Grant Accountability.—Section 3026 (relating to grant accountability) shall apply to grants awarded by the COPS Director and the BJA Director under this part. For purposes of the preceding sentence, any references in section 3026 to the Attorney General shall be considered references to the COPS Director or the BJA Director, as appropriate, and any references in that section to part LL shall be considered references to part AA.”

(4)
in section 2704 (34 U.S.C. 10554)—
(A)
in paragraph (1)—
(i)
by striking “ a public” and inserting “ an”; and
(ii)
by inserting “ , including a Bureau-funded school (as defined in section 1141 of the Education Amendments of 1978 (25 U.S.C. 2021))” after “ secondary school”;
(B)
in paragraph (2), by striking “ and” at the end;
(C)
in paragraph (3), by striking the period at the end and inserting a semicolon; and
(D)
by adding at the end the following:

“(4) the term ‘evidence-based’ means a program, practice, technology, or equipment that—

“(A) demonstrates a statistically significant effect on relevant outcomes based on—

“(i) strong evidence from not less than 1 well-designed and well-implemented experimental study;

“(ii) moderate evidence from not less than 1 well-designed and well-implemented quasi-experimental study; or

“(iii) promising evidence from not less than 1 well-designed and well-implemented correlational study with statistical controls for selection bias;

“(B) demonstrates a rationale based on high-quality research findings or positive evaluation that such program, practice, technology, or equipment is likely to improve relevant outcomes, and includes ongoing efforts to examine the effects of the program, practice, technology, or equipment; or

“(C) in the case of technology or equipment, demonstrates that use of the technology or equipment is—

“(i) consistent with best practices for school security, including—

“(I) applicable standards for school security established by a Federal or State government agency; and

“(II) findings and recommendations of public commissions and task forces established to make recommendations or set standards for school security; and

“(ii) compliant with all applicable codes, including building and life safety codes; and

“(5) the term ‘tribal organization’ has the same meaning given the term in section 4(l) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304(l)).”

(5)
by striking section 2705 and inserting the following:

“SEC. 2705. AUTHORIZATION OF APPROPRIATIONS.

“(a) In General.—There are authorized to be appropriated—

“(1) $75,000,000 for fiscal year 2018, of which—

“(A) $50,000,000 shall be made available to the BJA Director to carry out this part; and

“(B) $25,000,000 shall be made available to the COPS Director to carry out this part; and

“(2) $100,000,000 for each of fiscal years 2019 through 2028, of which, for each fiscal year—

“(A) $67,000,000 shall be made available to the BJA Director to carry out this part; and

“(B) $33,000,000 shall be made available to the COPS Director to carry out this part.

“(b) Offset.—Any funds appropriated for the Comprehensive School Safety Initiative of the National Institute of Justice in fiscal year 2018 shall instead be used for the purposes in subsection (a).”

; and

(6)
by adding at the end the following:

“SEC. 2706. RULES OF CONSTRUCTION.

“(a) No Funds To Provide Firearms or Training.—No amounts provided as a grant under this part may be used for the provision to any person of a firearm or training in the use of a firearm.

“(b) No Effect on Other Laws.—Nothing in this part may be construed to preclude or contradict any other provision of law authorizing the provision of firearms or training in the use of firearms.”

TITLE VI Fix Nics Act

SEC. 601. Short Title.

This title may be cited as the “Fix NICS Act of 2018”.

SEC. 602. Accountability for Federal Departments and Agencies.

Section 103 of the Brady Handgun Violence Prevention Act (34 U.S.C. 40901) is amended—
(1)
in subsection (e)(1), by adding at the end the following:

“(F) Semiannual certification and reporting.—

“(i) In general.—The head of each Federal department or agency shall submit a semiannual written certification to the Attorney General indicating whether the department or agency is in compliance with the record submission requirements under subparagraph (C).

“(ii) Submission dates.—The head of a Federal department or agency shall submit a certification to the Attorney General under clause (i)—

“(I) not later than July 31 of each year, which shall address all relevant records, including those that have not been transmitted to the Attorney General, in possession of the department or agency during the period beginning on January 1 of the year and ending on June 30 of the year; and

“(II) not later than January 31 of each year, which shall address all relevant records, including those that have not been transmitted to the Attorney General, in possession of the department or agency during the period beginning on July 1 of the previous year and ending on December 31 of the previous year.

“(iii) Contents.—A certification required under clause (i) shall state, for the applicable period—

“(I) the total number of records of the Federal department or agency demonstrating that a person falls within one of the categories described in subsection (g) or (n) of section 922 of title 18, United States Code;

“(II) for each category of records described in subclause (I), the total number of records of the Federal department or agency that have been provided to the Attorney General; and

“(III) the efforts of the Federal department or agency to ensure complete and accurate reporting of relevant records, including efforts to monitor compliance and correct any reporting failures or inaccuracies.

“(G) Implementation plan.—

“(i) In general.—Not later than 1 year after the date of enactment of this subparagraph, the head of each Federal department or agency, in coordination with the Attorney General, shall establish a plan to ensure maximum coordination and automated reporting or making available of records to the Attorney General as required under subparagraph (C), and the verification of the accuracy of those records, including the pre-validation of those records, where appropriate, during a 4-year period specified in the plan. The records shall be limited to those of an individual described in subsection (g) or (n) of section 922 of title 18, United States Code.

“(ii) Benchmark requirements.—Each plan established under clause (i) shall include annual benchmarks to enable the Attorney General to assess implementation of the plan, including—

“(I) qualitative goals and quantitative measures;

“(II) measures to monitor internal compliance, including any reporting failures and inaccuracies;

“(III) a needs assessment, including estimated compliance costs; and

“(IV) an estimated date by which the Federal department or agency will fully comply with record submission requirements under subparagraph (C).

“(iii) Compliance determination.—Not later than the end of each fiscal year beginning after the date of the establishment of a plan under clause (i), the Attorney General shall determine whether the applicable Federal department or agency has achieved substantial compliance with the benchmarks included in the plan.

“(H) Accountability.—The Attorney General shall publish, including on the website of the Department of Justice, and submit to the Committee on the Judiciary and the Committee on Appropriations of the Senate and the Committee on the Judiciary and the Committee on Appropriations of the House of Representatives a semiannual report that discloses—

“(i) the name of each Federal department or agency that has failed to submit a required certification under subparagraph (F);

“(ii) the name of each Federal department or agency that has submitted a required certification under subparagraph (F), but failed to certify compliance with the record submission requirements under subparagraph (C);

“(iii) the name of each Federal department or agency that has failed to submit an implementation plan under subparagraph (G);

“(iv) the name of each Federal department or agency that is not in substantial compliance with an implementation plan under subparagraph (G);

“(v) a detailed summary of the data, broken down by department or agency, contained in the certifications submitted under subparagraph (F);

“(vi) a detailed summary of the contents and status, broken down by department or agency, of the implementation plans established under subparagraph (G); and

“(vii) the reasons for which the Attorney General has determined that a Federal department or agency is not in substantial compliance with an implementation plan established under subparagraph (G).

“(I) Noncompliance penalties.—For each of fiscal years 2019 through 2022, each political appointee of a Federal department or agency that has failed to certify compliance with the record submission requirements under subparagraph (C), and is not in substantial compliance with an implementation plan established under subparagraph (G), shall not be eligible for the receipt of bonus pay, excluding overtime pay, until the department or agency—

“(i) certifies compliance with the record submission requirements under subparagraph (C); or

“(ii) achieves substantial compliance with an implementation plan established under subparagraph (G).

“(J) Technical assistance.—The Attorney General may use funds made available for the national instant criminal background check system established under subsection (b) to provide technical assistance to a Federal department or agency, at the request of the department or agency, in order to help the department or agency comply with the record submission requirements under subparagraph (C).

“(K) Application to federal courts.—For purposes of this paragraph—

“(i) the terms ‘department or agency of the United States’ and ‘Federal department or agency’ include a Federal court; and

“(ii) the Director of the Administrative Office of the United States Courts shall perform, for a Federal court, the functions assigned to the head of a department or agency.”

; and

(2)
in subsection (g), by adding at the end the following: “ For purposes of the preceding sentence, not later than 60 days after the date on which the Attorney General receives such information, the Attorney General shall determine whether or not the prospective transferee is the subject of an erroneous record and remove any records that are determined to be erroneous. In addition to any funds made available under subsection (k), the Attorney General may use such sums as are necessary and otherwise available for the salaries and expenses of the Federal Bureau of Investigation to comply with this subsection.”.

SEC. 603. Reauthorization of Nics Act Record Improvement Program.

(a)
Requirements To Obtain Waiver.— Section 102 of the NICS Improvement Amendments Act of 2007 (34 U.S.C. 40912) is amended—
(1)
in subsection (a), in the first sentence—
(A)
by striking “ the Crime Identification Technology Act of 1988 (42 U.S.C. 14601)” and inserting “ section 102 of the Crime Identification Technology Act of 1998 (34 U.S.C. 40301)”; and
(B)
by inserting “ is in compliance with an implementation plan established under subsection (b) or” before “ provides at least 90 percent of the information described in subsection (c)”; and
(2)
in subsection (b)(1)(B), by inserting “ or has established an implementation plan under section 107” after “ the Attorney General”.
(b)
Implementation Assistance to States.— Section 103 of the NICS Improvement Amendments Act of 2007 (34 U.S.C. 40913) is amended—
(1)
in subsection (b)(3), by inserting before the semicolon at the end the following: “ , including through increased efforts to pre-validate the contents of those records to expedite eligibility determinations”;
(2)
in subsection (e)—
(A)
in paragraph (1)—
(i)
by striking “ and”; and
(ii)
by inserting before the period at the end the following: “ , and $125,000,000 for each of fiscal years 2018 through 2022”; and
(B)
by striking paragraph (2) and inserting the following—

“(2) Domestic abuse and violence prevention initiative.—

“(A) Establishment.—For each of fiscal years 2018 through 2022, the Attorney General shall create a priority area under the NICS Act Record Improvement Program (commonly known as ‘NARIP’) for a Domestic Abuse and Violence Prevention Initiative that emphasizes the need for grantees to identify and upload all felony conviction records and domestic violence records.

“(B) Funding.—The Attorney General—

“(i) may use not more than 50 percent of the amounts made available under this subsection for each of fiscal years 2018 through 2022 to carry out the initiative described in subparagraph (A); and

“(ii) shall give a funding preference under NARIP to States that—

“(I) have established an implementation plan under section 107; and

“(II) will use amounts made available under this subparagraph to improve efforts to identify and upload all felony conviction records and domestic violence records described in clauses (i), (v), and (vi) of section 102(b)(1)(C) by not later than September 30, 2022.”

; and

(3)
by adding at the end the following:

“(g) Technical Assistance.—The Attorney General shall direct the Office of Justice Programs, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Federal Bureau of Investigation to—

“(1) assist States that are not currently eligible for grants under this section to achieve compliance with all eligibility requirements; and

“(2) provide technical assistance and training services to grantees under this section.”

SEC. 604. Reauthorization of the National Criminal History Improvement Program.

(a)
State Grant Program for Criminal Justice Identification, Information, and Communication.— Section 102 of the Crime Identification Technology Act of 1998 (34 U.S.C. 40301) is amended—
(1)
in subsection (a)(3)—
(A)
by redesignating subparagraphs (C), (D), and (E) as subparagraphs (D), (E), and (F), respectively; and
(B)
by inserting after subparagraph (B) the following:

“(C) identification of all individuals who have been convicted of a crime punishable by imprisonment for a term exceeding 1 year”

(2)
in subsection (b)(6)—
(A)
by striking “ (18 U.S.C. 922 note)” and inserting “ (34 U.S.C. 40901(b))”; and
(B)
by inserting before the semicolon at the end the following: “ , including through increased efforts to pre-validate the contents of felony conviction records and domestic violence records to expedite eligibility determinations, and measures and resources necessary to establish and achieve compliance with an implementation plan under section 107 of the NICS Improvement Amendments Act of 2007”;
(3)
in subsection (d), by inserting after “ unless” the following: “ the State has achieved compliance with an implementation plan under section 107 of the NICS Improvement Amendments Act of 2007 or”; and
(4)
in subsection (e)(1), by striking “ 2002 through 2007” and inserting “ 2018 through 2022”.
(b)
Grants for the Improvement of Criminal Records.— Section 106(b)(1) of the Brady Handgun Violence Prevention Act (34 U.S.C. 40302(1)) is amended—
(1)
in the matter preceding subparagraph (A)—
(A)
by striking “ as of the date of enactment of this Act” and inserting “ , as of the date of enactment of the Fix NICS Act of 2018,”; and
(B)
by striking “ files,” and inserting the following: “ files and that will utilize funding under this subsection to prioritize the identification and transmittal of felony conviction records and domestic violence records,”;
(2)
in subparagraph (B), by striking “ and” at the end;
(3)
in subparagraph (C)—
(A)
by striking “ upon establishment of the national system,”; and
(B)
by striking the period at the end and inserting “ ; and”; and
(4)
by adding at the end the following—

“(D) to establish and achieve compliance with an implementation plan under section 107 of the NICS Improvement Amendments Act of 2007.”

SEC. 605. Improving Information Sharing with the States.

(a)
In General.— Title I of the NICS Improvement Amendments Act of 2007 (34 U.S. 40911 et seq.) is amended by adding at the end the following:

“SEC. 107. IMPLEMENTATION PLAN.

“(a) In General.—Not later than 1 year after the date of enactment of the Fix NICS Act of 2018, the Attorney General, in coordination with the States and Indian tribal governments, shall establish, for each State or Indian tribal government, a plan to ensure maximum coordination and automation of the reporting or making available of appropriate records to the National Instant Criminal Background Check System established under section 103 of the Brady Handgun Violence Prevention Act (34 U.S.C. 40901) and the verification of the accuracy of those records during a 4-year period specified in the plan. The records shall be limited to those of an individual described in subsection (g) or (n) of section 922 of title 18, United States Code

“(b) Benchmark Requirements.—Each plan established under this section shall include annual benchmarks to enable the Attorney General to assess the implementation of the plan, including—

“(1) qualitative goals and quantitative measures; and

“(2) a needs assessment, including estimated compliance costs.

“(c) Compliance Determination.—Not later than the end of each fiscal year beginning after the date of the establishment of an implementation plan under this section, the Attorney General shall determine whether each State or Indian tribal government has achieved substantial compliance with the benchmarks included in the plan.

“(d) Accountability.—The Attorney General—

“(1) shall disclose and publish, including on the website of the Department of Justice—

“(A) the name of each State or Indian tribal government that received a determination of failure to achieve substantial compliance with an implementation plan under subsection (c) for the preceding fiscal year; and

“(B) a description of the reasons for which the Attorney General has determined that the State or Indian tribal government is not in substantial compliance with the implementation plan, including, to the greatest extent possible, a description of the types and amounts of records that have not been submitted; and

“(2) if a State or Indian tribal government described in paragraph (1) subsequently receives a determination of substantial compliance, shall—

“(A) immediately correct the applicable record; and

“(B) not later than 3 days after the determination, remove the record from the website of the Department of Justice and any other location where the record was published.

“(e) Incentives.—For each of fiscal years 2018 through 2022, the Attorney General shall give affirmative preference to all Bureau of Justice Assistance discretionary grant applications of a State or Indian tribal government that received a determination of substantial compliance under subsection (c) for the fiscal year in which the grant was solicited.”

(b)
Table of Contents.— The table of contents in section 1(b) of the NICS Improvement Amendments Act of 2007 (Public Law 110–180; 121 Stat. 2559) is amended by inserting after the item relating to section 106 the following:

“Sec. 107. Implementation plan.”.

TITLE VII State Sexual Risk Avoidance Education Program

SEC. 701. Full Payment by Secretary for State Sexual Risk Avoidance Education Program.

(a)
In General.— Paragraph (1) of section 510(d) of the Social Security Act (42 U.S.C. 710(d)) is amended by inserting before the period at the end the following: “ , except that section 503(a) shall be applied by substituting ‘the total of the sums’ for ‘four-sevenths of the total of the sums’ ”.
(b)
Technical Corrections.— Section 510(a)(1)(A) of the Social Security Act (42 U.S.C. 710(a)(1)(A)) is amended—
(1)
by striking “ subsection (e)(1)” and inserting “ subsection (f)(1)”; and
(2)
by striking “ subsection (e)(2)” and inserting “ subsection (f)(2)”.

TITLE VIII Small Business Credit Availability Act

SEC. 801. Short Title.

This title may be cited as the “Small Business Credit Availability Act”.

SEC. 802. Expanding Access to Capital for Business Development Companies.

(a)
In General.— Section 61(a) of the Investment Company Act of 1940 (15 U.S.C. 80a–60(a)) is amended—
(1)
by redesignating paragraphs (2) through (4) as paragraphs (3) through (5), respectively; and
(2)
by striking paragraph (1) and inserting the following:

“(1) Except as provided in paragraph (2), the asset coverage requirements of subparagraphs (A) and (B) of section 18(a)(1) (and any related rule promulgated under this Act) applicable to business development companies shall be 200 percent.

“(2) The asset coverage requirements of subparagraphs (A) and (B) of section 18(a)(1) and of subparagraphs (A) and (B) of section 18(a)(2) (and any related rule promulgated under this Act) applicable to a business development company shall be 150 percent if—

“(A) not later than 5 business days after the date on which those asset coverage requirements are approved under subparagraph (D) of this paragraph, the business development company discloses that the requirements were approved, and the effective date of the approval, in—

“(i) any filing submitted to the Commission under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a); 78o(d)); and

“(ii) a notice on the website of the business development company;

“(B) the business development company discloses, in each periodic filing required under section 13(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a))—

“(i) the aggregate outstanding principal amount or liquidation preference, as applicable, of the senior securities issued by the business development company and the asset coverage percentage as of the date of the business development company’s most recent financial statements included in that filing;

“(ii) that the business development company, under subparagraph (D), has approved the asset coverage requirements under this paragraph; and

“(iii) the effective date of the approval described in clause (ii);

“(C) with respect to a business development company that is an issuer of common equity securities, each periodic filing of the company required under section 13(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a)) includes disclosures that are reasonably designed to ensure that shareholders are informed of—

“(i) the amount of senior securities (and the associated asset coverage ratios) of the company, determined as of the date of the most recent financial statements of the company included in that filing; and

“(ii) the principal risk factors associated with the senior securities described in clause (i), to the extent that risk is incurred by the company; and

“(D) the company—

“(i)

(I) through a vote of the required majority (as defined in section 57(o)), approves the application of this paragraph to the company, to become effective on the date that is 1 year after the date of the approval; or

“(II) obtains, at a special or annual meeting of shareholders or partners at which a quorum is present, the approval of more than 50 percent of the votes cast for the application of this paragraph to the company, to become effective on the first day after the date of the approval; and

“(ii) if the company is not an issuer of common equity securities that are listed on a national securities exchange, extends, to each person that is a shareholder as of the date of an approval described in subclause (I) or (II) of clause (i), as applicable, the opportunity (which may include a tender offer) to sell the securities held by that shareholder as of that applicable approval date, with 25 percent of those securities to be repurchased in each of the 4 calendar quarters following the calendar quarter in which that applicable approval date takes place.”

(b)
Conforming Amendments.—
(1)
Investment advisers act of 1940.— Section 205(b)(3) of the Investment Advisers Act of 1940 (15 U.S.C. 80b–5(b)(3)) is amended—
(A)
by striking “ section 61(a)(3)(B)(iii)” and inserting “ section 61(a)(4)(B)(iii)”; and
(B)
by striking “ section 61(a)(3)(B)” and inserting “ section 61(a)(4)(B)”.
(2)
Investment company act of 1940.— The Investment Company Act of 1940 (15 U.S.C. 80a–1 et seq.) is amended—
(A)
in section 57 (15 U.S.C. 80a–56)—
(i)
in subsection (j)(1), by striking “ section 61(a)(3)(B)” and inserting “ section 61(a)(4)(B)”; and
(ii)
in subsection (n)(2), by striking “ section 61(a)(3)(B)” and inserting “ section 61(a)(4)(B)”; and
(B)
in section 63(3) (15 U.S.C. 80a–62(3)), by striking “ section 61(a)(3)” and inserting “ section 61(a)(4)”.

SEC. 803. Parity for Business Development Companies Regarding Offering and Proxy Rules.

(a)
Definitions.— In this section—
(1)
the term “business development company” has the meaning given the term in section 2(a) of the Investment Company Act of 1940 (15 U.S.C. 80a–2(a));
(2)
the term “Commission” means the Securities and Exchange Commission;
(3)
the term “Form N–2” means the form described in section 239.14 of title 17, Code of Federal Regulations;
(4)
the term “Form S–3” means the form described in section 239.13 of title 17, Code of Federal Regulations; and
(5)
the term “Schedule 14A” means the information required under section 240.14a–101 of title 17, Code of Federal Regulations.
(b)
Revision to Rules.—
(1)
In general.— Not later than 1 year after the date of enactment of this Act, the Commission shall make the revisions described in paragraph (2) to allow a business development company that has filed an election under section 54 of the Investment Company Act of 1940 (15 U.S.C. 80a–53) to use the securities offering and proxy rules that are available to other issuers that are required to file reports under section 13(a) or section 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a); 78o(d)).
(2)
Required revisions.— The revisions described in this paragraph are revisions to—
(A)
section 230.405 of title 17, Code of Federal Regulations—
(i)
to remove the exclusion of a business development company from the definition of the term “well-known seasoned issuer” under that section; and
(ii)
to add a registration statement filed on Form N–2 to the definition of the term “automatic shelf registration statement” under that section;
(B)
sections 230.168 and 230.169 of title 17, Code of Federal Regulations, to remove the exclusion of a business development company from an issuer that is eligible for the exemptions under those sections;
(C)
section 230.163 of title 17, Code of Federal Regulations, to remove a business development company from the list of issuers that are ineligible for the exemption under that section;
(D)
section 230.163A of title 17, Code of Federal Regulations, to remove the communications made by a business development company from the list of communications that are ineligible for the exemption under that section;
(E)
section 230.134 of title 17, Code of Federal Regulations, to remove the exclusion of a communication relating to a business development company from the application of that section;
(F)
sections 230.138 and 230.139 of title 17, Code of Federal Regulations, to specifically include a business development company as an issuer to which those sections apply;
(G)
section 230.156 of title 17, Code of Federal Regulations, to provide that nothing in that section may be construed to prevent a business development company from qualifying for an exemption under section 230.168 or 230.169 of title 17, Code of Federal Regulations, as amended by the Commission in accordance with the requirements of this section;
(H)
section 230.164 of title 17, Code of Federal Regulations, to remove a business development company from the list of issuers that are excluded under that section;
(I)
section 230.433 of title 17, Code of Federal Regulations, to specifically include a business development company that is a well-known seasoned issuer as an issuer to which that section applies;
(J)
section 230.415 of title 17, Code of Federal Regulations to state that the registration for securities under section 230.415(a)(1)(x) of title 17, Code of Federal Regulations, includes securities registered on Form N–2 by a business development company that would otherwise meet the eligibility requirements of Form S–3;
(K)
section 230.497 of title 17, Code of Federal Regulations, to include a process for a business development company to file a form of prospectus in the same manner as the process for filing a form of prospectus under section 230.424(b) of title 17, Code of Federal Regulations;
(L)
sections 230.172 and 230.173 of title 17, Code of Federal Regulations, to remove the exclusion of an offering of a business development company from the application of those sections;
(M)
section 230.418 of title 17, Code of Federal Regulations, to provide that a business development company that would otherwise meet the eligibility requirements of Form S–3 shall be exempt from paragraph (a)(3) of that section;
(N)
Schedule 14A to revise item 13(b)(1) of that Schedule to include a business development company that would otherwise meet the requirements of note E of that Schedule as an issuer to which that item applies;
(O)
section 243.103 of title 17, Code of Federal Regulations, to provide that paragraph (a) of that section applies for the purposes of Form N–2; and
(P)
item 34 on Form N–2 to require a business development company to provide undertakings that are no more restrictive than the undertakings that are required of a registrant under section 229.512 of title 17, Code of Federal Regulations.
(c)
Revision to Form N–2.— Not later than 1 year after the date of enactment of this Act, the Commission shall revise Form N–2—
(1)
to include an item or instruction that is similar to item 12 on Form S–3 to provide that a business development company that would otherwise meet the requirements of Form S–3 shall incorporate by reference the reports and documents filed by the business development company under the Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) into the registration statement of the business development company filed on Form N–2; and
(2)
to include an item or instruction that is similar to the instruction regarding automatic shelf offerings by well-known seasoned issuers on Form S–3 to provide that a business development company that is a well-known seasoned issuer may file automatic shelf offerings on Form N–2.
(d)
Treatment if Revisions Not Completed in Timely Manner.— If the Commission fails to complete the revisions required under subsections (b) and (c) by the dates described in those subsections, a business development company, during the period beginning on the date that is 1 day after 1 year after the date of enactment of this Act and ending on the date that the Commission completes those revisions, may deem those revisions to have been completed in accordance with the actions required to be taken by the Commission under those subsections.
(e)
Rules of Construction.—
(1)
Treatment of successor regulations and forms.— Any reference in this section to a regulation or form shall be construed as a reference to—
(A)
that regulation or form, as in effect on the day before the date of enactment of this Act; or
(B)
any successor to that regulation or form.
(2)
Distribution of sales material.— Nothing in this section, or in the amendments made pursuant to the requirements of this section, may be construed to prevent a business development company from distributing sales material under section 230.482 of title 17, Code of Federal Regulations.

TITLE IX Small Business Access to Capital After a Natural Disaster Act

SEC. 901. Short Title.

This title may be cited as the “Small Business Access to Capital After a Natural Disaster Act”.

SEC. 902. Expanding Access to Capital for Small Businesses Impacted by a Natural Disaster.

Section 4 of the Securities Exchange Act of 1934 (15 U.S.C. 78d) is amended—
(1)
in subsection (j)(4)(C), by striking “ minority-owned and women-owned small businesses” and inserting “ minority-owned small businesses, women-owned small businesses, and small businesses affected by hurricanes or other natural disasters”; and
(2)
in subsection (j)(6)(B)(iii), by striking “ minority-owned and women-owned small businesses” and inserting “ minority-owned small businesses, women-owned small businesses, and small businesses affected by hurricanes or other natural disasters”.

TITLE X Taylor Force Act

SEC. 1001. Short Title.

This title may be cited as the “Taylor Force Act”.

SEC. 1002. Findings.

Congress makes the following findings:
(1)
The Palestinian Authority’s practice of paying salaries to terrorists serving in Israeli prisons, as well as to the families of deceased terrorists, is an incentive to commit acts of terror.
(2)
The United States does not provide direct budgetary support to the Palestinian Authority. The United States does pay certain debts held by the Palestinian Authority and funds programs for which the Palestinian Authority would otherwise be responsible.
(3)
The United States Government supports community-based programs in the West Bank and Gaza that provide for basic human needs, such as food, water, health, shelter, protection, education, and livelihoods, and that promote peace and development.
(4)
Since fiscal year 2015, annual appropriations legislation has mandated the reduction of Economic Support Fund aid for the Palestinian Authority as a result of their payments for acts of terrorism including, in fiscal year 2017, a reduction “by an amount the Secretary determines is equivalent to the amount expended by the Palestinian Authority, the Palestine Liberation Organization, and any successor or affiliated organizations with such entities as payments for acts of terrorism by individuals who are imprisoned after being fairly tried and convicted for acts of terrorism and by individuals who died committing acts of terrorism during the previous calendar year”.

SEC. 1003. Sense of Congress.

Congress—
(1)
calls on the Palestinian Authority, the Palestine Liberation Organization, and any successor or affiliated organizations to stop payments for acts of terrorism by individuals who are imprisoned after being fairly tried and convicted for acts of terrorism and by individuals who died committing acts of terrorism and to repeal the laws authorizing such payments;
(2)
calls on all donor countries providing budgetary assistance to the Palestinian Authority to cease direct budgetary support until the Palestinian Authority stops all payments incentivizing terror;
(3)
urges the Palestinian Authority to develop programs to provide essential public services and support to any individual in need within its jurisdictional control, rather than to provide payments contingent on perpetrating acts of violence;
(4)
urges the United States Permanent Representative to the United Nations to use the voice, vote, and influence of the United States at the United Nations to highlight the issue of Palestinian Authority payments for acts of terrorism and to urge other Member States to apply pressure upon the Palestinian Authority to immediately cease such payments; and
(5)
urges the Department of State to use its bilateral and multilateral engagements with all governments and organizations committed to the cause of peace between Israel and the Palestinians to highlight the issue of Palestinian Authority payments for acts of terrorism and to urge such governments and organizations to join the United States in calling on the Palestinian Authority to immediately cease such payments.

SEC. 1004. Limitation on Assistance to the West Bank and Gaza.

(a)
Limitation.—
(1)
In general.— Funds authorized to be appropriated or otherwise made available for assistance under chapter 4 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2346 et seq.; relating to Economic Support Fund) and available for assistance for the West Bank and Gaza that directly benefits the Palestinian Authority may only be made available for such purpose if, except as provided in subsection (d), not later than 30 days after the date of the enactment of this Act, and every 180 days thereafter, the Secretary of State certifies in writing to the appropriate congressional committees that the Palestinian Authority, the Palestine Liberation Organization, and any successor or affiliated organizations—
(A)
are taking credible steps to end acts of violence against Israeli citizens and United States citizens that are perpetrated or materially assisted by individuals under their jurisdictional control, such as the March 2016 attack that killed former United States Army officer Taylor Force, a veteran of the wars in Iraq and Afghanistan;
(B)
have terminated payments for acts of terrorism against Israeli citizens and United States citizens to any individual, after being fairly tried, who has been imprisoned for such acts of terrorism and to any individual who died committing such acts of terrorism, including to a family member of such individuals;
(C)
have revoked any law, decree, regulation, or document authorizing or implementing a system of compensation for imprisoned individuals that uses the sentence or period of incarceration of an individual imprisoned for an act of terrorism to determine the level of compensation paid, or have taken comparable action that has the effect of invalidating any such law, decree, regulation, or document; and
(D)
are publicly condemning such acts of violence and are taking steps to investigate or are cooperating in investigations of such acts to bring the perpetrators to justice.
(2)
Additional certification requirement.— The Secretary of State shall include in the certification required under paragraph (1) the definition of “acts of terrorism” that the Secretary used for purposes of making the determination in subparagraph (B) of such paragraph.
(b)
Exception.—
(1)
In general.— Subject to paragraph (2), the limitation on assistance under subsection (a) shall not apply to—
(A)
payments made to the East Jerusalem Hospital Network;
(B)
assistance for wastewater projects not exceeding $5,000,000 in any one fiscal year; and
(C)
assistance for any other program, project, or activity that provides vaccinations to children not exceeding $500,000 in any one fiscal year.
(2)
Notification.— The Secretary of State shall notify in writing the appropriate congressional committees not later than 15 days prior to making funds available for assistance under subparagraph (A), (B), or (C) of paragraph (1).
(c)
Rule of Construction.— Funds withheld pursuant to this section—
(1)
shall be deemed to satisfy any similar withholding or reduction required under any other provision of law relating to the Palestinian Authority’s payments for acts of terrorism; and
(2)
shall be in an amount that is not less than the total amount required by such other provision of law.
(d)
Initial Use and Disposition of Withheld Funds.—
(1)
Period of availability.— Funds withheld pursuant to this section are authorized to remain available for an additional 2 years from the date on which the availability of such funds would otherwise have expired.
(2)
Use of funds.— Funds withheld pursuant to this section may be made available for assistance for the West Bank and Gaza that directly benefits the Palestinian Authority upon a certification by the Secretary of State that the Palestinian Authority, the Palestine Liberation Organization, and any successor or affiliated organizations have met the conditions set forth in subsection (a). Except as provided in paragraph (3), such funds may not be made available for any purpose other than for assistance for the West Bank and Gaza that directly benefits the Palestinian Authority.
(3)
Disposition of unused funds.— Beginning on the date that is 180 days after the last day on which the initial availability of funds withheld pursuant to this section would otherwise have expired, such funds are authorized to be made available to the Department of State for assistance under chapter 4 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2346 et seq.; relating to Economic Support Fund) in the following manner—
(A)
50 percent for purposes of assistance other than that deemed benefiting the Palestinian Authority; and
(B)
50 percent for purposes other than assistance for the West Bank and Gaza.
(e)
Report.—
(1)
In general.— If the Secretary of State is unable to certify in writing to the appropriate congressional committees that the Palestinian Authority, the Palestine Liberation Organization, and any successor or affiliated organizations have met the conditions described in subsection (a), the Secretary shall, not later than 15 days after the date on which the Secretary is unable to make such certification, submit to the appropriate congressional committees a report that contains the following:
(A)
The reasons why the Secretary was unable to certify in writing that such organizations have met such requirements.
(B)
The definition of “acts of terrorism” that the Secretary used for purposes of making the determination in subparagraph (B) of subsection (a)(1).
(C)
The total amount of funds to be withheld.
(2)
Form.— The report required by this subsection shall be submitted in unclassified form but may include a classified annex.
(f)
List of Criteria.—
(1)
In general.— Not later than 15 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a list of the criteria that the Secretary uses to determine whether assistance for the West Bank and Gaza is assistance that directly benefits the Palestinian Authority for purposes of carrying out this section.
(2)
Update.— The Secretary of State shall submit to the appropriate congressional committees an updated list under paragraph (1) not later than 15 days after the date on which the Secretary makes any modification to the list.

SEC. 1005. Initial Report.

(a)
In General.— Not later than 60 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a report describing those programs, projects, and activities funded by the United States Government that have been or will be suspended by reason of withholding of funds under section 1004.
(b)
Form.— The report required by subsection (a) shall be submitted in unclassified form but may include a classified annex.

SEC. 1006. Annual Report.

(a)
In General.— Not later than 180 days after the date of the enactment of this Act, and annually thereafter for 6 years, the Secretary of State shall submit to the appropriate congressional committees a report including at a minimum the following elements:
(1)
An estimate of the amount expended by the Palestinian Authority, the Palestine Liberation Organization, and any successor or affiliated organizations during the previous calendar year as payments for acts of terrorism by individuals who are imprisoned for such acts.
(2)
An estimate of the amount expended by the Palestinian Authority, the Palestine Liberation Organization, and any successor or affiliated organizations during the previous calendar year as payments to the families of deceased individuals who committed an act of terrorism.
(3)
An overview of Palestinian laws, decrees, regulations, or documents in effect the previous calendar year that authorize or implement any payments reported under paragraphs (1) and (2).
(4)
A description of United States Government policy, efforts, and engagement with the Palestinian Authority in order to confirm the revocation of any law, decree, regulation, or document in effect the previous calendar year that authorizes or implements any payments reported under paragraphs (1) and (2).
(5)
A description of United States Government policy, efforts, and engagement with other governments, and at the United Nations, to highlight the issue of Palestinian payments for acts of terrorism and to urge other nations to join the United States in calling on the Palestinian Authority to immediately cease such payments.
(b)
Form of Report.— The report required by subsection (a) shall be submitted in unclassified form but may include a classified annex.

SEC. 1007. Appropriate Congressional Committees Defined.

In this title, the term “appropriate congressional committees” means—
(1)
the Committee on Appropriations and the Committee on Foreign Affairs of the House of Representatives; and
(2)
the Committee on Appropriations and the Committee on Foreign Relations of the Senate.

TITLE XI Farm Act

SEC. 1101. Short Title.

This title may be cited as the “Fair Agricultural Reporting Method Act” or the “FARM Act”.

SEC. 1102. Exemptions from Certain Notice Requirements and Penalties.

Section 103 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9603) is amended by striking subsection (e) and inserting the following:

“(e) Applicability to Registered Pesticide Products and Air Emissions From Animal Waste at Farms.—

“(1) In general.—This section shall not apply to—

“(A) the application of a pesticide product registered under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.) or the handling and storage of such a pesticide product by an agricultural producer; or

“(B) air emissions from animal waste (including decomposing animal waste) at a farm.

“(2) Definitions.—In this subsection:

“(A) Animal waste.—

“(i) In general.—The term ‘animal waste’ means feces, urine, or other excrement, digestive emission, urea, or similar substances emitted by animals (including any form of livestock, poultry, or fish).

“(ii) Inclusions.—The term ‘animal waste’ includes animal waste that is mixed or commingled with bedding, compost, feed, soil, or any other material typically found with such waste.

“(B) Farm.—The term ‘farm’ means a site or area (including associated structures) that—

“(i) is used for—

“(I) the production of a crop; or

“(II) the raising or selling of animals (including any form of livestock, poultry, or fish); and

“(ii) under normal conditions, produces during a farm year any agricultural products with a total value equal to not less than $1,000.”

SEC. 1103. Application.

Nothing in this title or an amendment made by this title affects, or supersedes or modifies the responsibility or authority of any Federal official or employee to comply with or enforce, any requirement under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.), other than the hazardous substance notification requirements under section 103 of that Act (42 U.S.C. 9603) with respect to air emissions from animal waste at farms.

TITLE XII Tipped Employees

SEC. 1201. Tipped Employees.

(a)
Prohibition on Keeping Tips.— Section 3(m) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(m)) is amended—
(1)
by redesignating paragraphs (1) and (2) as clauses (i) and (ii), respectively;
(2)
by inserting “ (1)” after “ (m)”;
(3)
by striking “ any employee. In determining” and inserting the following:

“(2)

(A) In determining”

(4)
in clause (ii) of paragraph (2)(A) (as so redesignated), by striking “ paragraph (1)” and inserting “ clause (i)”; and
(5)
by adding at the end the following:

“(B) An employer may not keep tips received by its employees for any purposes, including allowing managers or supervisors to keep any portion of employees’ tips, regardless of whether or not the employer takes a tip credit.”

(b)
Penalties.— Section 16 of the Fair Labor Standards Act of 1938 (29 U.S.C. 216) is amended—
(1)
in subsection (b)—
(A)
by inserting after the second sentence the following: “ Any employer who violates section 3(m)(2)(B) shall be liable to the employee or employees affected in the amount of the sum of any tip credit taken by the employer and all such tips unlawfully kept by the employer, and in an additional equal amount as liquidated damages.”; and
(B)
by striking “ either of”;
(2)
in subsection (c), by adding at the end the following: “ The authority and requirements described in this subsection shall apply with respect to a violation of section 3(m)(2)(B), as appropriate, and the employer shall be liable for the amount of the sum of any tip credit taken by the employer and all such tips unlawfully kept by the employer, and an additional equal amount as liquidated damages.”; and
(3)
in subsection (e)(2), by adding at the end the following: “ Any person who violates section 3(m)(2)(B) shall be subject to a civil penalty not to exceed $1,100 for each such violation, as the Secretary determines appropriate, in addition to being liable to the employee or employees affected for all tips unlawfully kept, and an additional equal amount as liquidated damages, as described in subsection (b).”.
(c)
Effect on Regulations.— The portions of the final rule promulgated by the Department of Labor entitled “Updating Regulations Issued Under the Fair Labor Standards Act” (76 Fed. Reg. 18832 (April 5, 2011)) that revised sections 531.52, 531.54, and 531.59 of title 29, Code of Federal Regulations (76 Fed. Reg. 18854–18856) and that are not addressed by section 3(m) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(m)) (as such section was in effect on April 5, 2011), shall have no further force or effect until any future action taken by the Administrator of the Wage and Hour Division of the Department of Labor.

TITLE XIII Revisions to Pass-Through Period and Payment Rules

SEC. 1301. Revisions to Pass-Through Period and Payment Rules under Opps for Certain New Drugs and Biologicals.

(a)
Revisions to Pass-through Period and Payment Rules.—
(1)
In general.— Section 1833(t)(6) of the Social Security Act (42 U.S.C. 1395l(t)(6)) is amended—
(A)
in subparagraph (C)(i), in the matter preceding subclause (I), by striking “ The payment” and inserting “ Subject to subparagraph (G), the payment”;
(B)
in subparagraph (D)(i), by inserting “ subject to subparagraph (H),” before “ in the case”; and
(C)
by adding at the end the following new subparagraphs:

“(G) Pass-through extension for certain drugs and biologicals.—In the case of a drug or biological whose period of pass-through status under this paragraph ended on December 31, 2017, and for which payment under this subsection was packaged into a payment for a covered OPD service (or group of services) furnished beginning January 1, 2018, such pass-through status shall be extended for a 2-year period beginning on October 1, 2018.

“(H) Temporary payment rule for certain drugs and biologicals.—In the case of a drug or biological whose period of pass-through status under this paragraph ended on December 31, 2017, and for which payment under this subsection was packaged into a payment for a covered OPD service (or group of services) furnished beginning January 1, 2018, the payment amount for such drug or biological under this subsection that is furnished during the period beginning on October 1, 2018, and ending on March 31, 2019, shall be the greater of—

“(i) the payment amount that would otherwise apply under subparagraph (D)(i) for such drug or biological during such period; or

“(ii) the payment amount that applied under such subparagraph (D)(i) for such drug or biological on December 31, 2017.

“(I) Special payment adjustment rules for last quarter of 2018.—In the case of a drug or biological whose period of pass-through status under this paragraph ended on December 31, 2017, and for which payment under this subsection was packaged into a payment amount for a covered OPD service (or group of services) beginning January 1, 2018, the following rules shall apply with respect to payment amounts under this subsection for covered a OPD service (or group of services) furnished during the period beginning on October 1, 2018, and ending on December 31, 2018:

“(i) The Secretary shall remove the packaged costs of such drug or biological (as determined by the Secretary) from the payment amount under this subsection for the covered OPD service (or group of services) with which it is packaged.

“(ii) The Secretary shall not make any adjustments to payment amounts under this subsection for a covered OPD service (or group of services) for which no costs were removed under clause (i).”

(2)
Nonapplication of limit on aggregate annual adjustment for 2018.— Section 1833(t)(6)(E)(i) of the Social Security Act (42 U.S.C. 1395l(t)(6)(E)(i)) is amended by adding at the end the following new sentence: “ This clause shall not apply for 2018.”.
(3)
Implementation.— Notwithstanding any other provision of law, the Secretary of Health and Human Services may implement the amendments made by paragraphs (1) and (2) by program instruction or otherwise.
(b)
GAO Study and Report.—
(1)
In general.— The Comptroller General of the United States (in this subsection referred to as the “Comptroller General”) shall conduct a study on the policy for packaging high cost drugs and biologicals after their pass-through status under subsection (t)(6) of section 1833 of the Social Security Act (42 U.S.C. 1395l) has expired under the payment systems for hospital outpatient department services under section subsection (t) of such section and for surgical services furnished in an ambulatory surgical center under subsection (i) of such section. Such study shall include an analysis of—
(A)
the impact of such policy on—
(i)
the utilization of such drugs and biologicals;
(ii)
the availability of treatment options, including consultations with physicians and hospitals; and
(iii)
to the extent practicable, the health outcomes of Medicare beneficiaries; and
(B)
the impact of the amendments made by subsection (a), including the impact on price competition and cost-sharing.
(2)
Report.— Not later than March 1, 2021, the Comptroller General shall submit to Congress a report containing the results of the study conducted under paragraph (1), together with recommendations for such legislation and administrative action as the Comptroller General determines appropriate.