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SECTION 1. AMENDMENTS. The Energy Policy and Conservation Act is amended-- (1) in section 2 (42 U.S.C. 6201)-- (A) by inserting ``and'' at the end of paragraph (6); (B) by striking ``; and'' at the end of paragraph (7) and inserting in lieu thereof a period; and (C) by striking paragraph (8); (2) in section 321 (42 U.S.C. 6291)-- (A) by striking ``or, with respect to showerheads, faucets, water closets, and urinals, water'' in paragraph (1)(A); (B) by striking ``incandescent reflector lamps, showerheads, faucets, water closets, and urinals'' in paragraph (1) and inserting in lieu thereof ``and incandescent reflector lamps''; (C) by striking ``, or, in the case of showerheads, faucets, water closets, and urinals, water use,'' in paragraph (6)(A); (D) by striking ``(15), (16), (17),'' in paragraph (6)(B); (E) by striking ``325(r)'' in paragraph (6) and inserting in lieu thereof ``325(p)''; (F) by striking ``, and in the case of showerheads, faucets, water closets, and urinals, the aggregate retail cost of water and wastewater treatment services likely to be incurred annually,'' in paragraph (7); (G) by inserting at the end of paragraph (30) the following new subparagraph: ``(T) The term `ANSI' means the American National Standards Institute.''; and (H) by striking paragraph (31); (3) in section 322(a) (42 U.S.C. 6292(a))-- (A) by striking paragraphs (15) through (18); and (B) by redesignating paragraph (19) as paragraph (15); (4) in section 323 (42 U.S.C. 6293)-- (A) by striking ``water use (in the case of showerheads, faucets, water closets, and urinals),'' in subsection (b)(3); (B) by striking ``or, in the case of showerheads, faucets, water closets, or urinals, water use'' in subsection (b)(4); (C) by striking ``, or in the case of showerheads, faucets, water closets, or urinals, representative average unit costs of water and wastewater treatment service resulting from the operation of such products during such cycle'' in subsection (b)(4); (D) by striking ``, water, and wastewater treatment'' in subsection (b)(4); (E) by striking paragraphs (7) and (8) of subsection (b); (F) by striking ``or, in the case of showerheads, faucets, water closets, and urinals, water use'' in subsection (c)(1); (G) by striking ``or, in the case of showerheads, faucets, water closets, and urinals, water use'' in subsection (c)(2); (H) by striking ``, measured energy use, or measured water use'' in subsection (e)(1) and inserting in lieu thereof ``or measured energy use''; and (I) by striking ``, energy use, or water use'' each place it appears in paragraphs (2) and (3) of subsection (e) and inserting in lieu thereof ``or energy use''; (5) in section 324 (42 U.S.C. 6294)-- (A) by striking ``325(j)'' in subsection (a)(2)(C)(ii) and inserting in lieu thereof ``325(i)''; (B) by striking subparagraphs (D) and (E) of subsection (a)(2); (C) by striking ``(19)'' each place it appears in subsection (a)(3) and subsection (b) and inserting in lieu thereof ``(15)''; (D) by striking ``paragraphs (15) through'' in subsection (b)(1)(B) and inserting in lieu thereof ``paragraph''; (E) by striking ``(13), (14), (15), (16), (17), and (18)'' in subsection (c)(7) and inserting in lieu thereof ``(13) and (14)''; and (F) by striking paragraph (8) of subsection (c); (6) in section 325 (42 U.S.C. 6295)-- (A) by striking ``325(n)(1)'' in subsection (i)(6)(B) and inserting in lieu thereof ``325(l)(1)''; (B) by striking subsections (j) and (k); (C) by redesignating subsections (l) through (t) as subsections (j) through (r), respectively; (D) by striking ``(19)'' in paragraphs (1) and (2) of subsection (j), as so redesignated by subparagraph (C) of this paragraph, and inserting in lieu thereof ``(15)''; (E) by striking ``(o) and (p)'' in subsection (j)(1), as so redesignated by subparagraph (C) of this paragraph, and inserting in lieu thereof ``(m) and (n)''; (F) by striking ``(o) and (p)'' in subsection (j)(3), as so redesignated by subparagraph (C) of this paragraph, and inserting in lieu thereof ``(m) and (n)''; (G) by striking ``(o)(2)(B)(i)(II)'' in subsection (l)(2)(C), as so redesignated by subparagraph (C) of this paragraph, and inserting in lieu thereof ``(m)(2)(B)(i)(II)''; (H) by striking ``or, in the case of showerheads, faucets, water closets, or urinals, water use,'' in subsection (m)(1), as so redesignated by subparagraph (C) of this paragraph; (I) by striking ``, or, in the case of showerheads, faucets, water closets, or urinals, water efficiency,'' in subsection (m)(2)(A), as so redesignated by subparagraph (C) of this paragraph; (J) by striking ``, or as applicable, water,'' in subsection (m)(2)(B)(i)(III), as so redesignated by subparagraph (C) of this paragraph; (K) by striking ``and water'' in subsection (m)(2)(B)(i)(VI), as so redesignated by subparagraph (C) of this paragraph; (L) by striking ``, and as applicable, water,'' in subsection (m)(2)(B)(iii), as so redesignated by subparagraph (C) of this paragraph; (M) by striking ``, in the case of showerheads, faucets, water closets, or urinals, water, or'' in subsection (m)(3)(B), as so redesignated by subparagraph (C) of this paragraph; and (N) by striking ``(o)'' both places it appears in subsection (n)(3)(A), as so redesignated by subparagraph (C) of this paragraph, and inserting in lieu thereof ``(m)''; (7) in section 326 (42 U.S.C. 6296)-- (A) by striking ``or water use'' in subsection (b)(4); and (B) by striking ``, energy use, or, in the case of showerheads, faucets, water closets, and urinals, water use'' in subsection (d)(1) and inserting in lieu thereof ``or energy use''; (8) in section 327 (42 U.S.C. 6297)-- (A) by striking ``consumption or water use'' in subsection (a)(1) and inserting in lieu thereof ``consumption''; (B) by striking ``, water use,'' in subsection (a)(1)(A); (C) by striking ``, energy efficiency, or water use'' each place it appears in subsection (a)(1)(B), subsection (b), subsection (c), and subsection (d)(1)(A), and inserting in lieu thereof ``or energy efficiency''; (D) by amending paragraph (2) of subsection (a) to read as follows: ``(2) For purposes of this section, the term `State regulation' means a law, regulation, or other requirement of a State or its political subdivisions.''; (E) by striking ``flow rate requirements for showerheads or faucets, or water use requirements for water closets or urinals,'' in subsection (b)(1); (F) by striking ``, or is a regulation (or portion thereof) regulating showerheads'' and all that follows through ``325(k) is applicable'' in subsection (b)(4); (G) by inserting ``or'' at the end of paragraph (5) of subsection (b); (H) by striking ``; or'' at the end of paragraph (6) of subsection (b) and inserting in lieu thereof a period; (I) by striking paragraph (7) of subsection (b); (J) by striking ``subparagraphs (B) and (C) of section 325(j)(3), and subparagraphs (B) and (C) of section 325(k)(3)'' in subsection (c); (K) by inserting ``or'' at the end of paragraph (2) of subsection (c); (L) by striking the semicolon at the end of paragraph (3) of subsection (c) and inserting in lieu thereof a period; (M) by striking paragraphs (4), (5), and (6) of subsection (c); (N) by striking ``or river basin commission'' each place it appears in subsection (d)(1)(A) and (B); (O) by striking ``or water'' each place it appears in subsection (d)(1)(B) and (C); (P) by striking ``, and, with respect to a State'' and all that follows through ``water supply development'' in subsection (d)(1)(C); (Q) by striking ``or, if the State'' and all that follows through ``emergency condition,'' in subsection (d)(5)(B)(i); (R) by striking ``or, in the case of a water emergency condition, water or wastewater treatment,'' in subsection (d)(5)(B)(i)(I); and (S) by striking ``or, in the case of a water emergency condition, by the importation of water,'' in subsection (d)(5)(B)(i)(II); (9) in section 336(c)(2) (42 U.S.C. 6306(c)(2)), by striking ``325(k)'' and inserting in lieu thereof ``325(l)''; and (10) in section 337 (42 U.S.C. 6307)-- (A) by striking ``(a) In General.--''; and (B) by striking subsection (b).	Amends the Energy Policy and Conservation Act of 1992 to repeal restrictions on certain plumbing products and appliances, including showerheads, faucets, water closets, and urinals.
<greek-th> x <greek-th> x SECTION 1. SHORT TITLE. <greek-th> x This Act may be cited as the ``National Commission on the Modernization of the United Nations Act of 2003''.<greek-th> x SEC. 2. ESTABLISHMENT. <greek-th> x There is established a commission to be known as the ``National Commission on the Modernization of the United Nations''.<greek-th> x SEC. 3. DUTIES OF THE COMMISSION. <greek-th> x (a) In General.--The Commission shall--<greek-th> x (1) conduct a study of the areas specified in this section;<greek-th> x (2) recommend reforms with respect to such areas; and<greek-th> x (3) enumerate methods to implement each recommendation.<greek-th> x (b) Study of Extent of Modernization Within Confines of Present Charter.--The Commission shall--<greek-th> x (1) study the requirements for and extent to which a modernization of the organizational structure and practices of the United Nations can be effectuated that do not require substantive changes to be made to the Charter of the United Nations; and<greek-th> x (2) make recommendations to implement such a modernization.<greek-th> x (c) Study of Extent of Modernization Requiring Modifications to Present Charter.--The Commission shall--<greek-th> x (1) study the requirements for and extent to which a modernization of the organizational structure and practices of the United Nations can only be effectuated by requiring substantive changes to be made to the Charter, paying particular attention to the areas of study enumerated in subsections (d) through (i); and<greek-th> x (2) make recommendations to implement such a modernization.<greek-th> x (d) Study of Member State Principles.--The Commission shall study the principles to which states should adhere as members of the United Nations, paying particular attention to the following:<greek-th> x (1) Whether states that espouse and enforce values that are counter to the Charter should be permitted to be members of the United Nations.<greek-th> x (2) What recourse should be available to the United Nations to respond to a member state that has engaged in conduct counter to the Charter.<greek-th> x (3) What conduct on the part of a member state would constitute sufficient grounds for--<greek-th> x (A) expulsion;<greek-th> x (B) condemnation; or<greek-th> x (C) sanction.<greek-th> x (e) Study of Member State Status.--The Commission shall study the feasibility of mandating the following requirements of member states:<greek-th> x (1) Requirement of regular review by the United Nations of the status of all member states to determine if member states continue to adhere to the principles outlined in the Charter.<greek-th> x (2) Requirement for member states to--<greek-th> x (A) sign a ``Declaration of Member States'' declaring that the signatory state agrees to adhere to the principles of United Nations membership; and<greek-th> x (B) review the principles of the United Nations to determine whether the state should withdraw from membership if the state determines that the United Nations is not adhering to the implementation of the Charter.<greek-th> x (f) Study of Proportional Representation on Principal Organs.--The Commission shall study the following:<greek-th> x (1) Whether all states should have one vote in the General Assembly.<greek-th> x (2) Whether the United Nations should be structured in a bi-cameral fashion.<greek-th> x (g) Study of Organizational and Business Functions.--The Commission shall study the following:<greek-th> x (1) Whether auxiliary commissions and organizations of the United Nations should be funded by member dues.<greek-th> x (2) Whether such commissions and organizations detract from the Charter principles by draining resources away from the primary functions of the United Nations.<greek-th> x (3) Whether member states can create caucuses and fund them to deal with matters of common interest without detracting from the main objectives of the United Nations.<greek-th> x (h) Study of Use, Structure, and Goals of Peacekeeping and Humanitarian Efforts.--The Commission shall study the following:<greek-th> x (1) Whether the United Nations should maintain a separate peacekeeping force.<greek-th> x (2) Identification of successes of past peacekeeping and humanitarian efforts.<greek-th> x (i) Study of Enforcement of Resolutions.--The Commission shall study the credibility of resolutions when the United Nations does not mandate their absolute obedience.<greek-th> x SEC. 4. MEMBERSHIP. <greek-th> x (a) Number and Appointment.--The Commission shall be composed of 9 members appointed from among persons who are not officers or employees of any government, as follows:<greek-th> x (1) Two members appointed by the President.<greek-th> x (2) Two members appointed by the Speaker of the House of Representatives.<greek-th> x (3) Two members appointed by the Majority Leader of the Senate.<greek-th> x (4) One member appointed by the Minority Leader of the Senate.<greek-th> x (5) One member appointed by the Minority Leader of the House of Representatives.<greek-th> x (6) One member appointed by the Secretary of State<greek-th> x (b) Terms of Office.--<greek-th> x (1) In general.--Each member shall be appointed for the life of the Commission.<greek-th> x (2) Special rule.--A member who is appointed to the Commission and who subsequently becomes an officer or employee of any government may not continue as a member.<greek-th> x (c) Vacancies.--A vacancy in the Commission shall be filled in the manner in which the original appointment was made.<greek-th> x (d) Chairperson.--The Chairperson of the Commission shall be elected by the members after consultation with the Speaker and minority leader of the House of Representatives and the majority leader and minority leader of the Senate. Pending such election, a provisional Chairperson shall be designated by the President.<greek-th> x (e) Travel Expenses.--Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code.<greek-th> x SEC. 5. DIRECTOR AND STAFF. <greek-th> x (a) Director.--The Commission shall appoint a Director who shall be paid at the rate of basic pay for level IV of the Executive Schedule under section 5315 of title 5, United States Code.<greek-th> x (b) Staff.--<greek-th> x (1) In general.--Subject to paragraph (2), the Director, with the approval of the Commission, may appoint and fix the pay of additional personnel.<greek-th> x (2) Applicability of certain civil service laws.--The Director may make such appointments subject to the provisions of title 5, United States Code, governing appointments in the competitive service, and any personnel so appointed shall be paid in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates.<greek-th> x (c) Staff of Federal Agencies.--Upon request of the Commission, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of that department or agency to the Commission to assist it in carrying out its duties under this Act.<greek-th> x (d) Administrative Support Services.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its duties under this Act.<greek-th> x SEC. 6. POWERS OF COMMISSION. <greek-th> x (a) Meetings.--<greek-th> x (1) In general.--The Commission shall meet at the call of the Chairperson.<greek-th> x (2) Quorum.--A majority of the members of the Commission shall constitute a quorum but a lesser number may hold hearings.<greek-th> x (b) Obtaining Official Data.--The Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out this Act. Upon request of the Commission, the head of that department or agency shall furnish that information to the Commission.<greek-th> x (c) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States.<greek-th> x SEC. 7. REPORTS. <greek-th> x (a) Interim Report.--Within 6 months after the date of the enactment of this Act, the Commission shall submit to Congress an interim report on the activities of the Commission under this Act.<greek-th> x (b) Final Report.--Not later than 12 months after the date of the enactment of this Act, the Commission shall submit to Congress a final report containing a statement of the findings, conclusions, and recommendations of the Commission.<greek-th> x SEC. 8. TERMINATION. <greek-th> x The Commission shall terminate 15 days after submission of its final report under section 7(b).<greek-th> x SEC. 9. DEFINITIONS. <greek-th> x In this Act:<greek-th> x (1) Charter.--The term ``Charter'' means the Charter of the United Nations.<greek-th> x (2) Commission.--The term ``Commission'' means the National Commission on the Modernization of the United Nations.<greek-th> x (3) Member.--The term ``member'' means a member of the Commission.<greek-th> x <greek-th> x 08 x	National Commission on the Modernization of the United Nations Act of 2003 - Establishes the National Commission on the Modernization of the United Nations to study: (1) the extent of modernization of the organizational structure and practices of the United Nations (UN) that can be effectuated with and without changes to its Charter; (2) the principles to which member states should adhere and the consequences of a state espousing and enforcing values counter to the Charter; (3) the feasibility of mandating each member state to agree to adhere to the principles of UN membership, and to review the principles of the UN to determine whether the state should withdraw if the UN is not adhering to the Charter; (4) whether all states should have one vote in the General Assembly and whether the UN should be structured in a bicameral fashion; (5) whether auxiliary commissions and organizations of the UN should be funded by member dues, whether such entities drain resources away from the primary function of the UN, or whether member states can create and fund caucuses to deal with matters of common interest; (6) whether the UN should have a separate peacekeeping force, while identifying successes of past peacekeeping and humanitarian efforts; and (7) the credibility of resolutions when the UN does not mandate absolute obedience.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Bangladeshi Adjustment Act''. SEC. 2. ADJUSTMENT OF STATUS FOR CERTAIN NATIONALS OF BANGLADESH. (a) Adjustment of Status.-- (1) In general.--The status of any alien described in subsection (b) shall be adjusted by the Attorney General to that of an alien lawfully admitted for permanent residence, if the alien-- (A) applies for such adjustment before July 1, 2000; and (B) is otherwise admissible to the United States for permanent residence, except in determining such admissibility the grounds for inadmissibility specified in paragraphs (4), (5), (6)(A), (7)(A), and (9)(B) of section 212(a) of the Immigration and Nationality Act shall not apply. (2) Relationship of application to certain orders.--An alien present in the United States who has been ordered excluded, deported, 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 of submitting or granting such application, to file a separate motion to reopen, reconsider, or vacate such order. If the Attorney General grants the application, the Attorney General shall cancel the order. If the Attorney General 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.-- (1) In general.--The benefits provided by subsection (a) shall apply to any alien who is a national of Bangladesh and who has been physically present in the United States for a continuous period, beginning not later than January 1, 1987, and ending not earlier than the date the application for adjustment under such subsection 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. (2) Proof of commencement of continuous presence.--For purposes of establishing that the period of continuous physical presence referred to in paragraph (1) commenced not later than January 1, 1987, an alien-- (A) shall demonstrate that the alien, prior to January 1, 1987-- (i) performed service, or engaged in a trade or business, within the United States which is evidenced by records maintained by the Commissioner of Social Security; or (ii) applied for any benefit under the Immigration and Nationality Act by means of an application establishing the alien's presence in the United States prior to January 1, 1987; or (B) shall make such other demonstration of physical presence as the Attorney General may provide for by regulation. (c) Stay of Removal; Work Authorization.-- (1) In general.--The Attorney General shall provide by regulation for an alien subject to a final order of deportation or 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, the Attorney General shall not order any alien to be removed from the United States, if the alien is in exclusion, deportation, or removal proceedings under any provision of such Act and has applied for adjustment of status under subsection (a), except where the Attorney General has rendered a final administrative determination to deny the application. (3) Work authorization.--The Attorney General 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 Attorney General shall authorize such employment. (d) Adjustment of Status for Spouses and Children.-- (1) In general.--The status of an alien shall be adjusted by the Attorney General to that of an alien lawfully admitted for permanent residence, if-- (A) the alien is a national of Bangladesh; (B) 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 a continuous period, beginning not later than January 1, 1987, and ending not earlier than the date the application for adjustment under this subsection is filed; (C) the alien applies for such adjustment and is physically present in the United States on the date the application is filed; (D) the alien 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), (7)(A), and (9)(B) of section 212(a) of the Immigration and Nationality Act shall not apply; and (E) applies for such adjustment before July 1, 2000. (2) Proof of continuous presence.--For purposes of establishing the period of continuous physical presence referred to in paragraph (1)(B), an alien-- (A) shall demonstrate that such period commenced not later than January 1, 1987, in a manner consistent with subsection (b)(2); and (B) 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 period in the aggregate not exceeding 180 days. (e) Availability of Administrative Review.--The Attorney General 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; or (2) aliens subject to removal proceedings under section 240 of such Act. (f) Limitation on Judicial Review.--A determination by the Attorney General as to whether the status of any alien should be adjusted under this section is final and shall not be subject to review by any court. (g) 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 section. Nothing contained in this section shall be held to repeal, amend, alter, modify, affect, or restrict the powers, duties, functions, or authority of the Attorney General 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.	Bangladeshi Adjustment Act - Requires the Attorney General to adjust to lawful permanent resident alien the status of any national of Bangladesh who has been physically present in the United States for a continuous period between January 1, 1987, and the date an application for adjustment is filed, if the alien: (1) applies for such adjustment before July 1, 2000; and (2) is otherwise admissible to the United States for permanent residence. States that, in the determination of such admissibility, certain grounds for inadmissibility in the Immigration and Nationality Act shall not apply. Allows an alien present in the United States to apply for such status adjustment even though he or she has been ordered excluded, deported, removed, or ordered to depart voluntarily from the United States. Requires the Attorney General to cancel the order if the application is granted; but if the application is denied by a final administrative decision, the order shall be effective and enforceable to the same extent as if the application had not been made. Authorizes the Attorney General to: (1) allow an alien who has applied for adjustment of status to engage in employment in the United States during the pendency of such application; and (2) provide the alien with an "employment authorized" endorsement or other appropriate document. Requires the Attorney General to authorize such employment if such application is pending for a period exceeding 180 days, and has not been denied. Provides for the adjustment of status for spouses and children of such aliens. Outlines the availability of administrative review for applicants for adjustment of status as well as the preclusion of judicial review for final Attorney General determinations as to the adjustability of alien status.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Haiti Economic Recovery Opportunity Act of 2004''. SEC. 2. TRADE BENEFITS TO HAITI. (a) In General.--The Caribbean Basin Economic Recovery Act (19 U.S.C. 2701 et seq.) is amended by inserting after section 213 the following new section: ``SEC. 213A. SPECIAL RULE FOR HAITI. ``(a) In General.--In addition to any other preferential treatment under this Act, beginning on October 1, 2003, and in each of the 7 succeeding 1-year periods, apparel articles described in subsection (b) that are imported directly into the customs territory of the United States from Haiti shall enter the United States free of duty, subject to the limitations described in subsections (b) and (c), if Haiti has satisfied the requirements set forth in subsection (d). ``(b) Apparel Articles Described.--Apparel articles described in this subsection are apparel articles that are wholly assembled or knit- to-shape in Haiti from any combination of fabrics, fabric components, components knit-to-shape, and yarns without regard to the country of origin of the fabrics, components, or yarns. ``(c) Preferential Treatment.--The preferential treatment described in subsection (a), shall be extended-- ``(1) during the 12-month period beginning on October 1, 2003, to a quantity of apparel articles that is equal to 1.5 percent of the aggregate square meter equivalents of all apparel articles imported into the United States during the 12- month period beginning October 1, 2002; and ``(2) during the 12-month period beginning on October 1 of each succeeding year, to a quantity of apparel articles that is equal to the product of-- ``(A) the percentage applicable during the previous 12-month period plus 0.5 percent (but not over 3.5 percent); and ``(B) the aggregate square meter equivalents of all apparel articles imported into the United States during the 12-month period that ends on September 30 of that year. ``(d) Eligibility Requirements.--Haiti shall be eligible for preferential treatment under this section if the President determines and certifies to Congress that Haiti-- ``(1) has established, or is making continual progress toward establishing-- ``(A) a market-based economy that protects private property rights, incorporates an open rules-based trading system, and minimizes government interference in the economy through measures such as price controls, subsidies, and government ownership of economic assets; ``(B) the rule of law, political pluralism, and the right to due process, a fair trial, and equal protection under the law; ``(C) the elimination of barriers to United States trade and investment, including by-- ``(i) the provision of national treatment and measures to create an environment conducive to domestic and foreign investment; ``(ii) the protection of intellectual property; and ``(iii) the resolution of bilateral trade and investment disputes; ``(D) economic policies to reduce poverty, increase the availability of health care and educational opportunities, expand physical infrastructure, promote the development of private enterprise, and encourage the formation of capital markets through microcredit or other programs; ``(E) a system to combat corruption and bribery, such as signing and implementing the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions; and ``(F) protection of internationally recognized worker rights, including the right of association, the right to organize and bargain collectively, a prohibition on the use of any form of forced or compulsory labor, a minimum age for the employment of children, and acceptable conditions of work with respect to minimum wages, hours of work, and occupational safety and health; ``(2) does not engage in activities that undermine United States national security or foreign policy interests; and ``(3) does not engage in gross violations of internationally recognized human rights or provide support for acts of international terrorism and cooperates in international efforts to eliminate human rights violations and terrorist activities. ``(e) Conditions Regarding Enforcement of Circumvention.-- ``(1) In general.--The preferential treatment under subsection (b) shall not apply unless the President certifies to Congress that Haiti is meeting the following conditions: ``(A) Haiti has adopted an effective visa system, domestic laws, and enforcement procedures applicable to articles described in subsection (b) to prevent unlawful transshipment of the articles and the use of counterfeit documents relating to the importation of the articles into the United States. ``(B) Haiti has enacted legislation or promulgated regulations that would permit the Bureau of Customs and Border Protection verification teams to have the access necessary to investigate thoroughly allegations of transshipment through such country. ``(C) Haiti agrees to report, on a timely basis, at the request of the Bureau of Customs and Border Protection, on the total exports from and imports into that country of articles described in subsection (b), consistent with the manner in which the records are kept by Haiti. ``(D) Haiti agrees to cooperate fully with the United States to address and take action necessary to prevent circumvention. ``(E) Haiti agrees to require all producers and exporters of articles described in subsection (b) in that country to maintain complete records of the production and the export of the articles, including materials used in the production, for at least 2 years after the production or export (as the case may be). ``(F) Haiti agrees to report, on a timely basis, at the request of the Bureau of Customs and Border Protection, documentation establishing the country of origin of articles described in subsection (b) as used by that country in implementing an effective visa system. ``(2) Definitions.--In this subsection: ``(A) Circumvention.--The term `circumvention' means any action involving the provision of a false declaration or false information for the purpose of, or with the effect of, violating or evading existing customs, country of origin labeling, or trade laws of the United States or Haiti relating to imports of textile and apparel goods, if such action results-- ``(i) in the avoidance of tariffs, quotas, embargoes, prohibitions, restrictions, trade remedies, including antidumping or countervailing duties, or safeguard measures; or ``(ii) in obtaining preferential tariff treatment. ``(B) Transshipment.--The term `transshipment' has the meaning given such term under section 213(b)(2)(D)(iii).''. (b) Effective Date.-- (1) In general.--The amendment made by subsection (a) applies with respect to goods entered, or withdrawn from warehouse for consumption, on or after October 1, 2003. (2) Retroactive application to certain entries.-- Notwithstanding section 514 of the Tariff Act of 1930 (19 U.S.C. 1514) or any other provision of law, upon proper request filed with the United States Customs Service before the 90th day after the date of the enactment of this Act, any entry or withdrawal from warehouse for consumption, of any goods described in the amendment made by subsection (a)-- (A) that was made on or after October 1, 2003, and before the date of the enactment of this Act, and (B) with respect to which there would have been no duty if the amendment made by subsection (a) applied to such entry or withdrawal, shall be liquidated or reliquidated as though such amendment applied to such entry or withdrawal.	Haiti Economic Recovery Opportunity Act of 2004 - Amends the Caribbean Basin Economic Recovery Act to provide, beginning on October 1, 2003, and for each of the seven succeeding one-year periods, duty-free treatment for apparel items wholly assembled or knit-to-shape in Haiti (without regard to the country of origin of the fabrics, components, or yarns) if the President certifies to Congress that Haiti: (1) has established or is progressing toward specified political, economic, and social reforms; (2) does not engage in activities that undermine U.S. security or foreign policy; (3) does not engage in gross violations of human rights or activities in support of international terrorism; and (4) is meeting specified enforcement conditions aimed at preventing tariff or quota avoidance, customs evasion, unlawful transshipment, or false information or false document use in order to obtain such preferential treatment. Applies such provisions to goods entered or withdrawn from a warehouse for consumption on or after October 1, 2003, including a retroactive application to certain warehouse entries or withdrawals made between such date and the date of enactment of this Act.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Fairness in Reimbursement Act of 2000''. SEC. 2. IMPROVING FAIRNESS OF PAYMENTS UNDER THE MEDICARE FEE-FOR- SERVICE PROGRAM. (a) Title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) is amended by adding at the end the following new sections: ``improving fairness of payments under the original medicare fee-for- service program ``Sec. 1897. (a) Establishment of System.--Notwithstanding any other provision of law, the Secretary shall establish a system for making adjustments to the amount of payment made to entities and individuals for items and services provided under the original medicare fee-for-service program under parts A and B. ``(b) System Requirements.-- ``(1) Adjustments.--Under the system described in subsection (a), the Secretary (beginning in 2001) shall make the following adjustments: ``(A) Certain states above national average.--If a State average per beneficiary amount for a year is greater than 105 percent (or 110 percent in the case of the determination made in 2000) of the national average per beneficiary amount for such year, then the Secretary shall reduce the amount of applicable payments in such a manner as will result (as estimated by the Secretary) in the State average per beneficiary amount for the subsequent year being at 105 percent (or 110 percent in the case of payments made in 2001) of the national average per beneficiary amount for such subsequent year. ``(B) Certain states below national average.--If a State average per beneficiary amount for a year is less than 95 percent (or 90 percent in the case of the determination made in 2000) of the national average per beneficiary amount for such year, then the Secretary shall increase the amount of applicable payments in such a manner as will result (as estimated by the Secretary) in the State average per beneficiary amount for the subsequent year being at 95 percent (or 90 percent in the case of payments made in 2001) of the national average per beneficiary amount for such subsequent year. ``(2) Determination of averages.-- ``(A) State average per beneficiary amount.--Each year (beginning in 2000), the Secretary shall determine a State average per beneficiary amount for each State which shall be equal to the Secretary's estimate of the average amount of expenditures under the original medicare fee-for-service program under parts A and B for the year for a beneficiary enrolled under such parts that resides in the State ``(B) National average per beneficiary amount.-- Each year (beginning in 2000), the Secretary shall determine the national average per beneficiary amount which shall be equal to the average of the State average per beneficiary amounts determined under subparagraph (B) for the year. ``(3) Definitions.--In this section: ``(A) Applicable payments.--The term `applicable payments' means payments made to entities and individuals for items and services provided under the original medicare fee-for-service program under parts A and B to beneficiaries enrolled under such parts that reside in the State. ``(B) State.--The term `State' has the meaning given such term in section 210(h). ``(c) Beneficiaries Held Harmless.--The provisions of this section shall not effect-- ``(1) the entitlement to items and services of a beneficiary under this title, including the scope of such items and services; or ``(2) any liability of the beneficiary with respect to such items and services. ``(d) Regulations.-- ``(1) In general.--The Secretary, in consultation with the Medicare Payment Advisory Commission, shall promulgate regulations to carry out this section. ``(2) Protecting rural communities.--In promulgating the regulations pursuant to paragraph (1), the Secretary shall give special consideration to rural areas. ``(e) Budget Neutrality.--The Secretary shall ensure that the provisions contained in this section do not cause the estimated amount of expenditures under this title for a year to increase or decrease from the estimated amount of expenditures under this title that would have been made in such year if this section had not been enacted. ``improvements in collection and use of hospital wage data ``Sec. 1898. (a) Collection of Data.-- ``(1) In general.--The Secretary shall establish procedures for improving the methods used by the Secretary to collect data on employee compensation and paid hours of employment for hospital employees by occupational category. ``(2) Timeframe.--The Secretary shall implement the procedures described in paragraph (1) by not later than 180 days after the date of enactment of the Rural Health Protection and Improvement Act of 2000. ``(b) Adjustment to Hospital Wage Level.--By not later than 1 year after the date of enactment of the Rural Health Protection and Improvement Act of 2000, the Secretary shall make necessary revisions to the methods used to adjust payments to hospitals for different area wage levels under section 1886(d)(3)(E) to ensure that such methods take into account the data described in subsection (a)(1). ``(c) Limitation.--To the extent possible, in making the revisions described in subsection (b), the Secretary shall ensure that current rules regarding which hospital employees are included in, or excluded from, the determination of the hospital wage levels are not effected by such revisions. ``(d) Budget Neutrality.--The Secretary shall ensure that any revisions made under subsection (b) do not cause the estimated amount of expenditures under this title for a year to increase or decrease from the estimated amount of expenditures under this title that would have been made in such year if the Secretary had not made such revisions.''.	Requires the Secretary to: (1) establish procedures for improving methods to collect wage and hour data on hospital employees by occupational category; and (2) revise the methods used to adjust payments to hospitals for different area wage levels to ensure that such data are taken into account.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Agency Customer Experience Act of 2017''. SEC. 2. FINDINGS; SENSE OF CONGRESS. (a) Findings.--Congress finds that-- (1) the Federal Government serves the people of the United States and should seek to continually improve public services provided by the Federal Government based on customer feedback; (2) the people of the United States deserve a Federal Government that provides efficient, effective, and high-quality services across multiple channels; (3) many agencies, offices, programs, and Federal employees provide excellent service to individuals, however many parts of the Federal Government still fall short on delivering the customer service experience that individuals have come to expect from the private sector; (4) according to the 2016 American Customer Satisfaction Index, the Federal Government ranks among the bottom of all industries in the United States in customer satisfaction; (5) providing quality services to individuals improves the confidence of the people of the United States in their government and helps agencies achieve greater impact and fulfill their missions; and (6) improving service to individuals requires agencies to work across organizational boundaries, leverage technology, collect and share standardized data, and develop customer- centered mindsets and service strategies. (b) Sense of Congress.--It is the sense of Congress that all agencies should strive to provide high-quality, courteous, effective, and efficient services to the people of the United States and seek to measure, collect, report, and utilize metrics relating to the experience of individuals interacting with agencies to continually improve services to the people of the United States. SEC. 3. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of General Services. (2) Agency.--The term ``agency'' has the meaning given the term in section 3502 of title 44, United States Code. (3) Covered agency.--The term ``covered agency'' means an agency or component of an agency that is required by the Director to collect voluntary feedback for purposes of section 6, based on an assessment of the components and programs of the agency with the highest impact on or number of interactions with individuals or entities. (4) Director.--The term ``Director'' means the Director of the Office of Management and Budget. (5) Voluntary feedback.--The term ``voluntary feedback'' has the meaning given the term in section 3502 of title 44, United States Code, as added by section 4 of this Act. SEC. 4. APPLICATION OF THE PAPERWORK REDUCTION ACT TO COLLECTION OF VOLUNTARY FEEDBACK. Subchapter I of chapter 35 of title 44, United States Code (commonly known as the ``Paperwork Reduction Act''), is amended-- (1) in section 3502-- (A) in paragraph (13)(D), by striking ``and'' at the end; (B) in paragraph (14), by striking the period at the end and inserting ``; or''; and (C) by adding at the end the following: ``(15) the term `voluntary feedback' means any submission of information, opinion, or concern that is-- ``(A) voluntarily made by a specific individual or other entity relating to a particular service of or transaction with an agency; and ``(B) specifically solicited by that agency.''; and (2) in section 3518(c)(1)-- (A) in subparagraph (C), by striking ``or'' at the end; (B) in subparagraph (D), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(E) by an agency that is voluntary feedback.''. SEC. 5. GUIDELINES FOR VOLUNTARY FEEDBACK. Each agency that solicits voluntary feedback shall ensure that-- (1) responses to the solicitation of voluntary feedback remain anonymous and shall not be traced to specific individuals or entities; (2) individuals and entities who decline to participate in the solicitation of voluntary feedback shall not be treated differently by the agency for purposes of providing services or information; (3) the solicitation does not include more than 10 questions; (4) the voluntary nature of the solicitation is clear; (5) the proposed solicitation of voluntary feedback will contribute to improved customer service; (6) solicitations of voluntary feedback are limited to 1 solicitation per interaction with an individual or entity; (7) to the extent practicable, the solicitation of voluntary feedback is made at the point of service with an individual or entity; (8) instruments for collecting voluntary feedback are accessible to individuals with disabilities in accordance with section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d); and (9) internal agency data governance policies remain in effect with respect to the collection of voluntary feedback from individuals and entities. SEC. 6. CUSTOMER EXPERIENCE DATA COLLECTION. (a) Collection of Responses.--The head of each covered agency (or a designee), assisted by and in coordination with the Performance Improvement Officer or other senior accountable official for customer service of the covered agency, shall collect voluntary feedback with respect to services of or transactions with the covered agency. (b) Content of Questions.-- (1) Standardized questions.--The Director, in coordination with the Administrator, shall develop a set of standardized questions for use by covered agencies in collecting voluntary feedback under this section that address-- (A) overall satisfaction of individuals or entities with the specific interaction or service received; (B) the extent to which individuals or entities were able to accomplish their intended task or purpose; (C) whether the individual or entity was treated with respect and professionalism; (D) whether the individual or entity believes they were served in a timely manner; and (E) any additional metrics as determined by the Director, in coordination with the Administrator. (2) Additional questions.--In addition to the questions developed under paragraph (1), the Performance Improvement Officer or other senior accountable official for customer service at a covered agency may develop questions relevant to the specific operations or programs of the covered agency. (c) Additional Requirements.--To the extent practicable-- (1) each covered agency shall collect voluntary feedback across all platforms or channels through which the covered agency interacts with individuals or other entities to deliver information or services; and (2) voluntary feedback collected under this section shall be tied to specific transactions or interactions with customers of the covered agency. (d) Reports.-- (1) Annual report to the director.-- (A) In general.--Not later than 1 year after the date of enactment of this Act, and not less frequently than annually thereafter, each covered agency shall publish on the website of the covered agency and submit to the Director, in a manner determined by the Director, a report that includes the voluntary feedback required to be collected under this section. (B) Centralized website.--The Director shall-- (i) include and maintain on a publicly available website links to the information provided on the websites of covered agencies under subparagraph (A); and (ii) for purposes of clause (i), establish a website or make use of an existing website, such as the website required under section 1122 of title 31, United States Code. (2) Aggregated report.--Each covered agency shall publish, on a regular basis, an aggregated report on the solicitation of voluntary feedback sent to individuals or entities, which shall include-- (A) the intended purpose of each solicitation of voluntary feedback conducted by the covered agency; (B) the appropriate point of contact within each covered agency for each solicitation of voluntary feedback conducted; (C) the questions or survey instrument submitted to members of the public as part of the solicitation of voluntary information; and (D) a description of how the covered agency uses the voluntary feedback received by the covered agency to improve the customer service of the covered agency. SEC. 7. CUSTOMER EXPERIENCE SCORECARD REPORT. (a) In General.--Not later than 15 months after the date on which all covered agencies have submitted the first annual reports to the Director required under section 6(d)(1), and every 2 years thereafter until the date that is 10 years after such date, the Comptroller General of the United States shall make publicly available and submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives a scorecard report assessing the data collected and reported by the covered agencies. (b) Contents.--The report required under subsection (a) shall include-- (1) a summary of the information required to be published by covered agencies under section 6(d); and (2) a description of how each covered agency will use the voluntary feedback received by the covered agency to improve service delivery. Passed the Senate November 7, 2017. Attest: JULIE E. ADAMS, Secretary.	Federal Agency Customer Experience Act of 2017 (Sec. 2) This bill expresses the sense of Congress that all agencies should strive to provide high-quality, courteous, effective, and efficient services and seek to measure, collect, report, and utilize metrics relating to the experience of persons interacting with them to continually improve services. (Sec. 4) The bill amends the Paperwork Reduction Act to exempt the collection of information by an agency that is voluntary feedback from the agency's authority to prescribe policies, rules, regulations, and procedures for federal information resources management activities. "Voluntary feedback" is defined as any submission of information, opinion, or concern voluntarily made by a specific person relating to a particular service of or transaction with an agency that is specifically solicited by that agency. (Sec. 5) Each agency that solicits voluntary feedback shall, among other things, ensure that: responses to the solicitation remain anonymous, person who decline to participate shall not be treated differently by the agency for purposes of providing services or information, the voluntary nature of the solicitation is clear, and the proposed solicitation of voluntary feedback will contribute to improved customer service. (Sec. 6) Each agency shall collect voluntary feedback with respect to its services and transactions. The Office of Management and Budget (OMB), in coordination with the General Services Administration, shall develop a set of standardized questions for use by agencies in collecting feedback, which shall address: overall satisfaction of persons with the specific interaction or service received, the extent to which such persons were able to accomplish their intended purpose, whether such persons were treated with respect and professionalism, and whether such persons believe they were served in a timely manner. Each agency shall: (1) collect voluntary feedback across all platforms or channels through which it interacts with persons to deliver information or services, (2) publish on its website and submit to the OMB a report that includes the voluntary feedback required to be collected, and (3) regularly publish an aggregated report on the solicitation of voluntary feedback. The OMB shall maintain on a publicly available website links to the information provided on the agency websites. (Sec. 7) The Government Accountability Office shall, by 15 months after the date on which all agencies have submitted the first annual reports and every 2 years thereafter until 10 years after such date, make publicly available and submit to Congress a scorecard report assessing the data collected and reported by the agencies.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Taxpayers Right-To-Know Act''. SEC. 2. COST AND PERFORMANCE OF GOVERNMENT PROGRAMS. (a) Amendment.--Section 1122(a) of title 31, United States Code, is amended by adding at the end the following: ``(3) Additional information.-- ``(A) In general.--Information for each program described under paragraph (1) shall include the following to be updated not less than annually: ``(i) The total administrative cost of the program for the previous fiscal year. ``(ii) The expenditures for services for the program for the previous fiscal year. ``(iii) An estimate of the number of clients served by the program and beneficiaries who received assistance under the program (if applicable) for the previous fiscal year. ``(iv) An estimate of, for the previous fiscal year-- ``(I) the number of full-time Federal employees who administer the program; and ``(II) the number of full-time employees whose salary is paid in part or full by the Federal Government through a grant or contract, a subaward of a grant or contract, a cooperative agreement, or another form of financial award or assistance who administer or assist in administering the program. ``(v) An identification of the specific statute that authorizes the program, including whether such authorization is expired. ``(vi) Any finding of duplication or overlap identified by internal review, an Inspector General, the Government Accountability Office, or other report to the agency about the program. ``(vii) Any program performance reviews (including program performance reports required under section 1116). ``(B) Definitions.--In this paragraph: ``(i) Administrative cost.--The term `administrative cost' has the meaning as determined by the Director of the Office of Management and Budget under section 504(b)(2) of Public Law 111-85 (31 U.S.C. 1105 note), except the term shall also include, for purposes of that section and this paragraph, with respect to an agency-- ``(I) costs incurred by the agency as well as costs incurred by grantees, subgrantees, and other recipients of funds from a grant program or other program administered by the agency; and ``(II) expenses related to personnel salaries and benefits, property management, travel, program management, promotion, reviews and audits, case management, and communication about, promotion of, and outreach for programs and program activities administered by the agency. ``(ii) Services.--The term `services' has the meaning provided by the Director of the Office of Management and Budget and shall be limited to only activities, assistance, and aid that provide a direct benefit to a recipient, such as the provision of medical care, assistance for housing or tuition, or financial support (including grants and loans).''. (b) Expired Grant Funding.--Not later than February 1 of each fiscal year, the Director of the Office of Management and Budget shall publish on the public website of the Office of Management and Budget the total amount of undisbursed grant funding remaining in grant accounts for which the period of availability to the grantee has expired. SEC. 3. GOVERNMENT ACCOUNTABILITY OFFICE REQUIREMENTS RELATING TO IDENTIFICATION, CONSOLIDATION, AND ELIMINATION OF DUPLICATIVE GOVERNMENT PROGRAMS. Section 21 of the Statutory Pay-As-You-Go Act of 2010 (31 U.S.C. 712 note) is amended by inserting ``(a)'' before the first sentence and by adding at the end the following: ``(b) The Comptroller General shall maintain and provide regular updates, on not less than an annual basis to a publicly available website that tracks the status of responses by Departments and the Congress to suggested actions that the Comptroller General has previously identified in annual reports under subsection (a). The status of these suggested actions shall be tracked for an appropriate period to be determined by the Comptroller General. The requirements of this subsection shall apply during the effective period of subsection (a).''. SEC. 4. CLASSIFIED INFORMATION. Nothing in this Act shall, or the amendments made by this Act, be construed to require the disclosure of classified information. SEC. 5. REGULATIONS AND IMPLEMENTATION. (a) Regulations.--Not later than 120 days after the date of the enactment of this Act, the Director of the Office of Management and Budget shall prescribe regulations to implement this Act, and the amendments made by this Act. (b) Implementation.--This Act, and the amendments made by this Act, shall be implemented not later than one year after the date of the enactment of this Act. (c) No Additional Funds Authorized.--No additional funds are authorized to carry out the requirements of this Act, or the amendments made by this Act. Passed the House of Representatives February 25, 2014. Attest: KAREN L. HAAS, Clerk.	Taxpayers Right-To-Know Act - (Sec. 2) Sets forth additional information relating to a federal program that the Office of Management and Budget (OMB) is required to include on its website and update at least annually, including: (1) the total administrative cost of the program and the expenditures for services for the program for the previous fiscal year; (2) an estimate of the number of clients served by the program and beneficiaries who received assistance under the program for the previous fiscal year; (3) an estimate, for the previous fiscal year, of the number of full-time federal employees who administer the program and the number of full-time employees whose salary is paid in part or in full by the federal government through a grant or contract or other form of financial assistance; (4) an identification of the specific statute that authorizes the program and whether such authorization is expired; (5) any finding of duplication or overlap; and (6) any program performance reviews for such program. Requires the OMB Director, not later than February 1 of each fiscal year, to publish on the OMB website the total amount of undisbursed grant funding remaining in grant accounts for which the period of availability to the grantee has expired. (Sec. 3) Amends the Statutory Pay-As-You-Go Act of 2010 to require the Comptroller General (GAO) to maintain and provide regular annual updates to a publicly available website that tracks the status of agency responses to recommendations by the Comptroller General for identifying duplicative government programs. (Sec. 4) Declares that nothing in this Act shall be construed to require the disclosure of classified information. (Sec. 5) Requires the OMB Director to implement this Act not later than one year after its enactment. Prohibits the authorization of additional funds to carry out the requirements of this Act.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Alternative Dispute Resolution and Settlement Encouragement Act''. SEC. 2. ARBITRATION IN DISTRICT COURTS. (a) Authorization of Appropriations.--Section 905 of the Judicial Improvements and Access to Justice Act (28 U.S.C. 651 note) is amended in the first sentence by striking ``for each of the fiscal years 1994 through 1997''. (b) Arbitration To Be Ordered in All District Courts.-- (1) Authorization of arbitration.--Section 651(a) of title 28, United States Code, is amended to read as follows: ``(a) Authority.--Each United States district court shall authorize by local rule the use of arbitration in civil actions, including adversary proceedings in bankruptcy, in accordance with this chapter.''. (2) Actions referred to arbitration.--Section 652(a) of title 28, United States Code, is amended-- (A) in paragraph (1)-- (i) in the matter preceding subparagraph (A) by striking ``and section 901(c)'' and all that follows through ``651'' and inserting ``a district court''; and (ii) in subparagraph (B) by striking ``$100,000'' and inserting ``$150,000''; and (B) in paragraph (2) by striking ``$100,000'' and inserting ``$150,000''. (3) Certification of arbitrators.--Section 656(a) of title 28, United States Code, is amended by striking ``listed in section 658''. (4) Removal of limitation.--Section 658 of title 28, United States Code, and the item relating to such section in the table of sections at the beginning of chapter 44 of title 28, United States Code, are repealed. (c) Conforming Amendment.--Section 901 of the Judicial Improvements and Access to Justice Act (28 U.S.C. 652 note) is amended by striking subsection (c). SEC. 3. AWARD OF REASONABLE COSTS AND ATTORNEY'S FEES IN FEDERAL CIVIL DIVERSITY LITIGATION AFTER AN OFFER OF SETTLEMENT. Section 1332 of title 28, United States Code, is amended by adding at the end the following: ``(e)(1) In any action over which the court has jurisdiction under this section, any party may, at any time not less than 10 days before trial, serve upon any adverse party a written offer to settle a claim or claims for money or property or to the effect specified in the offer, including a motion to dismiss all claims, and to enter into a stipulation dismissing the claim or claims or allowing judgment to be entered according to the terms of the offer. Any such offer, together with proof of service thereof, shall be filed with the clerk of the court. ``(2) If the party receiving an offer under paragraph (1) serves written notice on the offeror that the offer is accepted, either party may then file with the clerk of the court the notice of acceptance, together with proof of service thereof. ``(3) The fact that an offer under paragraph (1) is made but not accepted does not preclude a subsequent offer under paragraph (1). Evidence of an offer is not admissible for any purpose except in proceedings to enforce a settlement, or to determine costs and expenses under this subsection. ``(4) At any time before judgment is entered, the court, upon its own motion or upon the motion of any party, may exempt from this subsection any claim that the court finds presents a question of law or fact that is novel and important and that substantially affects nonparties. If a claim is exempted from this subsection, all offers made by any party under paragraph (1) with respect to that claim shall be void and have no effect. ``(5) If all offers made by a party under paragraph (1) with respect to a claim or claims, including any motion to dismiss all claims, are not accepted and the judgment, verdict, or order finally issued (exclusive of costs, expenses, and attorneys' fees incurred after judgment or trial) in the action under this section is not more favorable to the offeree with respect to the claim or claims than the last such offer, the offeror may file with the court, within 10 days after the final judgment, verdict, or order is issued, a petition for payment of costs and expenses, including attorneys' fees, incurred with respect to the claim or claims from the date the last such offer was made or, if the offeree made an offer under this subsection, from the date the last such offer by the offeree was made. ``(6) If the court finds, pursuant to a petition filed under paragraph (5) with respect to a claim or claims, that the judgment, verdict, or order finally obtained is not more favorable to the offeree with respect to the claim or claims than the last offer, the court shall order the offeree to pay the offeror's costs and expenses, including attorneys' fees, incurred with respect to the claim or claims from the date the last offer was made or, if the offeree made an offer under this subsection, from the date the last such offer by the offeree was made, unless the court finds that requiring the payment of such costs and expenses would be manifestly unjust. ``(7) Attorney's fees under paragraph (6) shall be a reasonable attorney's fee attributable to the claim or claims involved, calculated on the basis of an hourly rate which may not exceed that which the court considers acceptable in the community in which the attorney practices law, taking into account the attorney's qualifications and experience and the complexity of the case, except that the attorney's fees under paragraph (6) may not exceed-- ``(A) the actual cost incurred by the offeree for an attorney's fee payable to an attorney for services in connection with the claim or claims; or ``(B) if no such cost was incurred by the offeree due to a contingency fee agreement, a reasonable cost that would have been incurred by the offeree for an attorney's noncontingent fee payable to an attorney for services in connection with the claim or claims. ``(8) This subsection does not apply to any claim seeking an equitable remedy.''. SEC. 4. RELIABILITY OF EVIDENCE. Rule 702 of the Federal Rules of Evidence (28 U.S.C. App.) is amended-- (1) by inserting ``(a) In general.--'' before ``If'', and (2) by adding at the end the following: ``(b) Adequate basis for opinion.--Testimony in the form of an opinion by a witness that is based on scientific knowledge shall be inadmissible in evidence unless the court determines that such opinion-- ``(1) is scientifically valid and reliable; ``(2) has a valid scientific connection to the fact it is offered to prove; and ``(3) is sufficiently reliable so that the probative value of such evidence outweighs the dangers specified in rule 403. ``(c) Disqualification.--Testimony by a witness who is qualified as described in subdivision (a) is inadmissible in evidence if the witness is entitled to receive any compensation contingent on the legal disposition of any claim with respect to which the testimony is offered. ``(d) Scope.--Subdivision (b) does not apply to criminal proceedings.''. SEC. 5. EFFECTIVE DATE; APPLICATION OF AMENDMENTS. (a) Section 2.--The amendments made by section 2 shall take effect on the date of the enactment of this Act. (b) Sections 3 and 4.-- (1) In general.--Subject to paragraph (2), the amendments made by sections 3 and 4 shall take effect on the first day of the first month beginning more than 180 days after the date of the enactment of this Act. (2) Application of amendments.--(A) The amendment made by section 3 shall apply only with respect to civil actions commenced after the effective date set forth in paragraph (1). (B) The amendments made by section 4 shall apply only with respect to cases in which a trial begins after the effective date set forth in paragraph (1).	Alternative Dispute Resolution and Settlement Encouragement Act - Amends the Judicial Improvements and Access to Justice Act with respect to Federal district court arbitration programs to: (1) authorize permanent appropriations; (2) require all district courts to establish by local rule such programs for civil and bankruptcy actions; and (3) increase the monetary ceiling of actions that courts may require to be arbitrated. (Sec. 3) Amends the Federal judicial code to set forth an offer of settlement procedure in Federal civil diversity litigation. (Sec. 4) Amends rule 702 of the Federal Rules of Evidence to: (1) establish a standard for the admissibility of expert scientific testimony; and (2) make such testimony inadmissible if the witness is entitled to any compensation based upon the legal disposition of any claim related to such testimony.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Solar Utilization Now Demonstration Act of 2007'' or the ``SUN Act of 2007''. SEC. 2. PHOTOVOLTAIC DEMONSTRATION PROGRAM. (a) In General.--The Secretary shall establish a program of grants to States to demonstrate advanced photovoltaic technology. (b) Requirements.-- (1) Ability to meet requirements.--To receive funding under the program under this section, a State must submit a proposal that demonstrates, to the satisfaction of the Secretary, that the State will meet the requirements of subsection (f). (2) Compliance with requirements.--If a State has received funding under this section for the preceding year, the State must demonstrate, to the satisfaction of the Secretary, that it complied with the requirements of subsection (f) in carrying out the program during that preceding year, and that it will do so in the future, before it can receive further funding under this section. (3) Funding allocation.--Each State submitting a qualifying proposal shall receive funding under the program based on the proportion of United States population in the State according to the 2000 census. In each fiscal year, the portion of funds attributable under this paragraph to States that have not submitted qualifying proposals in the time and manner specified by the Secretary shall be distributed pro rata to the States that have submitted qualifying proposals in the specified time and manner. (c) Competition.--If more than $25,000,000 is available for the program under this section for any fiscal year, the Secretary shall allocate 75 percent of the total amount of funds available according to subsection (b)(3), and shall award the remaining 25 percent on a competitive basis to the States with the proposals the Secretary considers most likely to encourage the widespread adoption of photovoltaic technologies. (d) Proposals.--Not later than 6 months after the date of enactment of this Act, and in each subsequent fiscal year for the life of the program, the Secretary shall solicit proposals from the States to participate in the program under this section. (e) Competitive Criteria.--In awarding funds in a competitive allocation under subsection (c), the Secretary shall consider-- (1) the likelihood of a proposal to encourage the demonstration of, or lower the costs of, advanced photovoltaic technologies; and (2) the extent to which a proposal is likely to-- (A) maximize the amount of photovoltaics demonstrated; (B) maximize the proportion of non-Federal cost share; and (C) limit State administrative costs. (f) State Program.--A program operated by a State with funding under this section shall provide competitive awards for the demonstration of advanced photo-voltaic technologies. Each State program shall-- (1) require a contribution of at least 60 percent per award from non-Federal sources, which may include any combination of State, local, and private funds, except that at least 10 percent of the funding must be supplied by the State; (2) endeavor to fund recipients in the commercial, industrial, institutional, governmental, and residential sectors; (3) limit State administrative costs to no more than 10 percent of the grant; (4) report annually to the Secretary on-- (A) the amount of funds disbursed; (B) the amount of photovoltaics purchased; and (C) the results of the monitoring under paragraph (5); (5) provide for measurement and verification of the output of a representative sample of the photovoltaics systems demonstrated throughout the average working life of the systems, or at least 20 years; and (6) require that applicant buildings must have received an independent energy efficiency audit during the 6-month period preceding the filing of the application. (g) Unexpended Funds.--If a State fails to expend any funds received under subsection (b) or (c) within 3 years of receipt, such remaining funds shall be returned to the Treasury. (h) Reports.--The Secretary shall report to Congress 5 years after funds are first distributed to the States under this section-- (1) the amount of photovoltaics demonstrated; (2) the number of projects undertaken; (3) the administrative costs of the program; (4) the amount of funds that each State has not received because of a failure to submit a qualifying proposal, as described in subsection (b)(3); (5) the results of the monitoring under subsection (f)(5); and (6) the total amount of funds distributed, including a breakdown by State. (i) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary for the purposes of carrying out this section-- (1) $15,000,000 for fiscal year 2008; (2) $30,000,000 for fiscal year 2009; (3) $45,000,000 for fiscal year 2010; (4) $60,000,000 for fiscal year 2011; and (5) $70,000,000 for fiscal year 2012.	Solar Utilization Now Demonstration Act of 2007 or the SUN Act of 2007 - Directs the Secretary of Energy to establish a program of grants to states to demonstrate advanced photovoltaic technology.
SECTION 1. SHORT TITLE. This Act may be cited as the ``North Korea Sanctions and Diplomatic Nonrecognition Act of 2010''. SEC. 2. FINDINGS. Congress finds the following: (1) North Korean negotiators in the Six-Party diplomatic process did not act in good faith by their refusal to agree to a transparent verification process for denuclearization consistent with ``international standards'', including provisions for nuclear sampling, following North Korea's removal on October 11, 2008, from the list of state sponsors of terrorism maintained by the Department of State. (2) International press reports indicate that North Korea has continued to provide support to Iran in the areas of missile technology and nuclear development and has provided Iran's surrogates, Hezbollah and Hamas, with both missile technology and training in tunneling techniques with which to attack Israel, an ally of the United States. (3) International press reports indicate that North Korea was engaged for a number of years in assistance to Syria in the construction of a nuclear reactor in the Syrian desert which was destroyed in a strike by Israeli forces on September 6, 2007. (4) North Korean negotiators continue to refuse to address in a humane and sincere manner the issue of the abduction of civilians of Japan and the Republic of Korea, both allies of the United States, as well as the abductions of citizens from a number of other countries, including France, Lebanon, Romania, and Thailand. (5) Defectors coming out of North Korea have provided testimony that United States permanent resident, Reverend Kim Dong-shik, the spouse and father of United States citizens, was tortured and murdered inside North Korea after his abduction by Pyongyang's agents on the Chinese border in January 2000 and that his remains are currently being held at a military facility inside North Korea. (6) Congress authoritatively expressed its view, in section 202(b)(2) of the North Korean Human Rights Act of 2004 (Public Law 108-333; 22 U.S.C. 7832(b)(2)) that ``United States nonhumanitarian assistance to North Korea shall be contingent on North Korea's substantial progress'' on human rights improvements, release of and accounting for abductees, family reunification, reform of North Korea's labor camp system, and the decriminalization of political expression, none of which has occurred. (7) Congress further authoritatively expressed its view, in section 2 of the North Korean Human Rights Reauthorization Act of 2008 (Public Law 110-346) that ``human rights and humanitarian conditions inside North Korea are deplorable'' and that ``North Korean refugees remain acutely vulnerable''. (8) Congress has determined that any missile test or launch conducted by North Korea would be in direct violation of United Nations Security Council resolution 1695, adopted on July 16, 2006, which ``condemns the multiple launches by the DPRK (North Korea) of ballistic missiles on July 5 2006 local time'', and United Nations Security Council Resolution 1718, adopted on October 9, 2006, which ``demands that the DPRK (North Korea) not conduct any further nuclear test or launch of a ballistic missile'' and ``decides that the DPRK shall suspend all activities related to its ballistic missile programme and in this context re-establish its pre-existing commitments to a moratorium on missile launching'', and further determines that the resulting sanctions imposed under such resolution 1718 would again come into full effect following a missile test or launch. (9) Congress has further determined that a return by North Korea to the Six-Party diplomatic process following any missile test or launch by Pyongyang must include a firm and transparent commitment to the complete, verifiable and irreversible dismantlement of all of North Korea's nuclear programs, including those derived both from plutonium as well as highly enriched uranium. (10) Japanese press reports have indicated that a delegation of approximately fifteen Iranian missile experts arrived in North Korea in March 2009 ``to help Pyongyang prepare for a rocket launch'', including senior officials with the Iranian rocket and satellite producer Shahid Hemmat Industrial Group, and that they brought with them a letter from their President Mahmoud Ahmadinejad to North Korean leader Kim Jong-Il stressing the importance of cooperating on space technology. (11) North Korea, in defiance of the international community's efforts to end nuclear proliferation and in violation of its international obligations, conducted a second underground nuclear test on May 25, 2009 (local time), in violation of United Nations Security Council Resolution 1718, which resulted in the passage of United Nations Security Council Resolution 1874 on June 12, 2009, which imposed additional sanctions and inspection requirements with regard to North Korea. SEC. 3. CONTINUATION OF RESTRICTIONS AGAINST THE GOVERNMENT OF NORTH KOREA. (a) Finding.--Congress finds that subsequent to the decision of the Secretary of State on October 11, 2008, to rescind the designation of North Korea as a state sponsor of terrorism, North Korea has committed acts that can be defined as international terrorism or as highly provocative, including-- (1) the dispatch of a covert team of two North Korean military-trained agents to South Korea with orders to assassinate North Korean defector Hwang Jang-yop who were apprehended by South Korean officials in April 2010; (2) complicity in the sinking of the South Korean naval vessel Cheonan on March 26, 2010, which resulted in the deaths of 46 South Korean naval personnel; and (3) the shipment of weapons by North Korea, seized in Bangkok in December 2009, which were bound for delivery to foreign terrorist organizations Hezbollah and Hamas, according to a statement made by Israeli Foreign Minister Avigdor Lieberman in Tokyo on May 12, 2010. (b) Continuation of Restrictions.--Notwithstanding the decision by the Secretary of State on October 11, 2008, to rescind the designation of North Korea as a state sponsor of terrorism, and in light of the congressional finding described in subsection (a), restrictions against the Government of North Korea that were imposed by reason of a determination of the Secretary of State that the Government of North Korea is a state sponsor of terrorism and that are in effect as of the date of the enactment of this Act shall remain in effect, and shall not be lifted, unless the President makes the certification described in subsection (c). (c) Certification.--The certification referred to in subsection (b) is a certification to Congress containing a determination of the President that the Government of North Korea-- (1) is no longer engaged in the illegal transfer of missile or nuclear technology, particularly to the governments of Iran, Syria, or any other state sponsor of terrorism; (2) is no longer engaged in training in combat operations or tunneling, or harboring, supplying, financing, or supporting in any way-- (A) Hamas, Hezbollah, the Japanese Red Army, or any member of such organizations; (B) any organization designated by the Secretary of State as a foreign terrorist organization in accordance with section 219(a) of the Immigration and Nationality Act (8 U.S.C. 1189(a)); and (C) any person included on the annex to Executive Order 13224 (September 21, 2001) and any other person identified under section 1 of that Executive Order whose property and interests are blocked by that section (commonly known as a ``specially designated global terrorist''); (3) is no longer engaged in the counterfeiting of United States currency ``supernotes''; (4) is no longer engaged in the international trafficking of illicit narcotics into the United States, Japan, Australia, or other allied countries of the United States; (5) has returned the last remains of United States permanent resident, Reverend Kim Dong-shik, to his United States citizen widow, family, and church members, so that he may be provided with a proper Christian burial in Chicago; (6) has released the Japanese nationals recognized as abduction victims by the Government of Japan as well as abduction victims recognized by the Government of the Republic of Korea; (7) has released an estimated 600 surviving South Korean POWs, and any other surviving POWs from the Korean War, who have been held in North Korea against their will and in violation of the Armistice Agreement since hostilities ended in July, 1953; (8) has made concrete provisions for unrestricted family reunification meetings for those individuals among the two- million strong Korean-American community who maintain family ties with relatives inside North Korea; (9) has opened the North Korean penal system, including the gulag of concentration camps holding an estimated 200,000 political and religious prisoners, to unrestricted and regular visits by representatives of the International Committee of the Red Cross (ICRC); (10) has made provision for unrestricted and regular access by representatives of the United National High Commissioner for Refugees to refugees forcibly repatriated to North Korea to determine their general health and welfare; and (11) has made concrete provisions for unrestricted contact, including direct communications and meetings, between representatives of international and South Korean religious organizations, including Christians and Buddhists, and their co-believers inside North Korea. (d) Sense of Congress.--It is the sense of Congress that, in light of the congressional finding described in subsection (a), the Secretary of State should redesignate North Korea as a state sponsor of terrorism immediately upon the date of the enactment of this Act. (e) State Sponsor of Terrorism Defined.--In this section, the term ``state sponsor of terrorism'' means any country the government of which the Secretary of State determines has repeatedly provided support for acts of international terrorism pursuant to section 6(j) of the Export Administration Act of 1979 (as continued in effect pursuant to the International Emergency Economic Powers Act), section 40 of the Arms Export Control Act, section 620A of the Foreign Assistance Act of 1961, or any other provision of law. SEC. 4. CONTINUATION OF DIPLOMATIC NONRECOGNITION OF NORTH KOREA. (a) Finding.--Congress finds that the United States did not grant diplomatic recognition to North Korea upon its establishment as a client regime of the former Soviet Union in 1948. The United States has consistently continued to withhold such formal diplomatic recognition during the 60 years since the sudden and unprovoked attack by North Korean forces on the Republic of Korea on June 25, 1950, an attack which led directly to the Korean War and the deaths of over 36,000 United States military personnel as well as at least 2,000,000 Koreans and over 3,000 soldiers from Allied countries. (b) Continuation of Diplomatic Nonrecognition.--The diplomatic nonrecognition described in subsection (a), including restrictions on the establishment of a permanent presence or United States liaison office inside North Korea, shall remain in effect, until such time as the President certifies to Congress that the Government of North Korea has met all of the benchmarks specified in section 3. SEC. 5. INTERNATIONAL RESPONSE TO A NORTH KOREAN MISSILE LAUNCH OR NUCLEAR TEST. In the case of the launch of a missile, rocket, or other airborne object by North Korea or the conducting of a nuclear test in violation of United Nations Security Council Resolutions 1695, 1718, and 1874, the President shall instruct the United States Permanent Representative to the United Nations to use the voice, vote, and influence of the United States to secure adoption of a United Nations Security Council resolution condemning North Korea's action as a violation of United Nations Security Council Resolutions 1695, 1718, and 1874 and requiring the implementation of comprehensive sanctions and an inspection regime against North Korea.	North Korea Sanctions and Diplomatic Nonrecognition Act of 2010 - Continues diplomatic, economic, and military sanctions against the government of North Korea as a supporter of international terrorism until the President certifies to Congress that North Korea: (1) is no longer engaged in the illegal transfer of missile or nuclear technology, particularly to Iran and Syria; (2) is not assisting foreign terrorist organizations, engaged in counterfeiting U.S. currency, or engaged in illicit narcotics traffic; (3) has released specified U.S. citizens, Japanese nationals, and surviving Korean War prisoners of war; and (4) has undertaken specified actions regarding family reunification, penal reforms, refugee access, and religious organization communications. Expresses the sense of Congress that the Secretary of State should redesignate North Korea as a state sponsor of terrorism. Finds that the United States did not grant diplomatic recognition to North Korea upon its establishment as a client regime of the former Soviet Union in 1948. Continues diplomatic nonrecognition of North Korea until such benchmarks have been met. Directs the President, in the case of a North Korean missile, rocket, or other airborne launch or the conducting of a nuclear test in violation of U.N. Security Council Resolutions 1695, 1718, and 1874, to instruct the U.S. Permanent Representative to the United Nations to use U.S. influence to secure adoption of a Security Council resolution condemning North Korea's action and requiring implementation of comprehensive sanctions against North Korea.
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Puerto Rico Democracy Act of 2006''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Federally sanctioned process for Puerto Rico's self- determination, including initial plebiscite and subsequent procedures. Sec. 4. Applicable laws and other requirements. Sec. 5. Availability of funds for the self-determination process. SEC. 2. FINDINGS. The Congress finds the following: (1) On November 30, 1992, President George H.W. Bush issued a Memorandum to Heads of Executive Departments and Agencies recognizing that ``As long as Puerto Rico is a territory . . . the will of its people regarding their political status should be ascertained periodically by means of a general right of referendum . . .''. (2) Consistent with this policy, on December 23, 2000, President William J. Clinton issued Executive Order 13183, establishing the President's Task Force on Puerto Rico's Status for purposes that included identifying the options for the territory's future political status ``. . . that are not incompatible with the Constitution and basic laws and policies of the United States . . .'', as well as the process for realizing such options. (3) President George W. Bush adopted Executive Order 13183 and, on December 3, 2003, amended it to require that the President's Task Force on Puerto Rico's Status issue a report ``. . . no less frequently than once every 2 years, on progress made in the determination of Puerto Rico's ultimate status.''. (4) On December 22, 2005, the Task Force appointed by President George W. Bush issued a report recommending that: (A) The Congress provide within a year for a federally sanctioned plebiscite in which the people of Puerto Rico would be asked to vote on whether they wish to remain a United States territory or pursue a constitutionally viable path toward a permanent nonterritorial status. (B) If the people of Puerto Rico elect to pursue a permanent nonterritorial status, Congress should provide for a subsequent plebiscite allowing the people of Puerto Rico to choose between one of the two permanent nonterritorial status options. Once a majority of the people has selected one of the two options, Congress is encouraged to begin a process of transition toward that option. (C) If the people of Puerto Rico elect to remain as a United States territory, further plebiscites should occur periodically, as long as a territorial status continues, to keep Congress informed of the people's wishes. SEC. 3. FEDERALLY SANCTIONED PROCESS FOR PUERTO RICO'S SELF- DETERMINATION, INCLUDING INITIAL PLEBISCITE AND SUBSEQUENT PROCEDURES. (a) First Plebiscite Under This Act.--The Puerto Rico State Elections Commission shall conduct a plebiscite in Puerto Rico during the 110th Congress, but not later than December 31, 2007. The ballot shall provide for voters to choose only between the following two options: (1) Puerto Rico should continue the existing form of territorial status as defined by the Constitution, basic laws, and policies of the United States. If you agree, mark here____. (2) Puerto Rico should pursue a path toward a constitutionally viable permanent nonterritorial status. If you agree, mark here ______. The two options set forth on the ballot shall be preceded by the following statement: Instructions: Mark the option you choose as each is defined below. Ballots with more than one option marked will not be counted. (b) Procedure If Majority in First Plebiscite Favors Continued Territorial Status.--If a majority vote in a plebiscite held under subsection (a) favors the continuation of the existing territorial status, the Puerto Rico State Elections Commission shall conduct additional plebiscites under subsection (a) at intervals of every 8 years from the date that the results of the prior plebiscite are certified unless a majority of votes in the prior plebiscite favors pursuing a permanent nonterritorial status. (c) Procedure If Majority in First Plebiscite Favors Permanent Nonterritorial Status.--If a majority vote in any plebiscite held under subsection (a) favors permanent nonterritorial status, the Puerto Rico State Elections Commission shall conduct a plebiscite under this subsection. The ballot on the plebiscite under this subsection shall provide for a vote to choose only between the following two options: (1) Statehood: Puerto Rico should be admitted as a State of the Union, on equal footing with the other States. If you agree, mark here____. (2) Sovereign nation: Puerto Rico should become a sovereign nation, either fully independent from or in free association with the United States under an international agreement that preserves the right of each nation to terminate the association. If you agree, mark here___. The two options set forth on the ballot shall be preceded by the following statement: Instructions: Mark the option you choose as each is defined below. Ballots with more than one option marked will not be counted. (d) Period for Holding Plebiscite.--If a majority vote in the first plebiscite under subsection (a) favors permanent nonterritorial status, the plebiscite under subsection (c) shall be held during the 111th Congress, but no later than December 31, 2009. If a majority vote in a plebiscite referred to in subsection (b) favors permanent nonterritorial status, the plebiscite under subsection (c) shall be held not later than 2 years after the certification of the majority vote in such plebiscite under subsection (b). SEC. 4. APPLICABLE LAWS AND OTHER REQUIREMENTS. (a) Applicable Laws.--All Federal laws applicable to the election of the Resident Commissioner of Puerto Rico shall, as appropriate and consistent with this Act, also apply to any plebiscite held pursuant to this Act. Any reference in such Federal laws to elections shall be considered, as appropriate, to be a reference to the plebiscites, unless it would frustrate the purposes of this Act. (b) Federal Court Jurisdiction.--The Federal courts of the United States shall have exclusive jurisdiction over any legal claims or controversies arising from the implementation of this Act. (c) Rules and Regulations.--The Puerto Rico State Elections Commission shall issue all rules and regulations necessary to carry out the plebiscites under this Act. (d) Eligibility.--Each of the following shall be eligible to vote in any plebiscite held under this Act: (1) All eligible voters under the electoral laws in effect in Puerto Rico at the time the plebiscite is held. (2) All United States citizens born in Puerto Rico who comply, to the satisfaction of the Puerto Rico State Elections Commission, with all Puerto Rico State Elections Commission requirements (other than the residency requirement) applicable to eligibility to vote in a general election. Persons eligible to vote under this subsection shall, upon request submitted to the Puerto Rico State Elections Commission prior to the plebiscite concerned, be entitled to receive an absentee ballot for such plebiscite. (e) Certification of Plebiscite Results.--The Puerto Rico State Elections Commission shall certify the results of each plebiscite held under this Act to the President of the United States and the Senate and House of Representatives of the United States. (f) Report After Second Plebiscite.--No later than 6 months after the plebiscite provided for in section 3(c), the President's Task Force on Puerto Rico's Status shall submit a report to the Congress, prepared in consultation with the Governor, the Resident Commissioner, the President of the Senate of Puerto Rico, and the Speaker of the House of Representatives of Puerto Rico, detailing measures that may be taken to implement the permanent nonterritorial status option chosen in the plebiscite together with such recommendations as the Task Force may deem appropriate. SEC. 5. AVAILABILITY OF FUNDS FOR THE SELF-DETERMINATION PROCESS. During the period beginning October 1, 2006, and ending on the date the President determines that all the plebiscites required by this Act have been held, the Secretary of the Treasury may allocate, from the funds provided to the Government of Puerto Rico under section 7652(e) of the Internal Revenue Code, not more than $5,000,000 to the State Elections Commission of Puerto Rico to be used for expenses of carrying out each plebiscite carried out under this Act, including for voter education materials certified by the President's Task Force on Puerto Rico's Status as not being incompatible with the Constitution and basic laws and policies of the United States. Such amounts may be as identified by the President's Task Force on Puerto Rico's Status as necessary for such purposes.	Puerto Rico Democracy Act of 2006 - Directs the Puerto Rico State Elections Commission to conduct a plebiscite in Puerto Rico during the 110th Congress, giving voters the option to vote for continued U.S. territorial status or for a path toward a constitutionally viable permanent nonterritorial status. Provides for subsequent procedures, depending on ballot results. Authorizes the Secretary of the Treasury to allocate certain funds for the self-determination process.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Green Chemistry Research and Development Act of 2005''. SEC. 2. DEFINITIONS. In this Act-- (1) the term ``green chemistry'' means chemistry and chemical engineering to design chemical products and processes that reduce or eliminate the use or generation of hazardous substances while producing high quality products through safe and efficient manufacturing processes; (2) the term ``Interagency Working Group'' means the interagency working group established under section 3(c); and (3) the term ``Program'' means the Green Chemistry Research and Development Program described in section 3. SEC. 3. GREEN CHEMISTRY RESEARCH AND DEVELOPMENT PROGRAM. (a) In General.--The President shall establish a Green Chemistry Research and Development Program to promote and coordinate Federal green chemistry research, development, demonstration, education, and technology transfer activities. (b) Program Activities.--The activities of the Program shall be designed to-- (1) provide sustained support for green chemistry research, development, demonstration, education, and technology transfer through-- (A) merit-reviewed competitive grants to individual investigators and teams of investigators, including, to the extent practicable, young investigators, for research and development; (B) grants to fund collaborative research and development partnerships among universities, industry, and nonprofit organizations; (C) green chemistry research, development, demonstration, and technology transfer conducted at Federal laboratories; and (D) to the extent practicable, encouragement of consideration of green chemistry in-- (i) the conduct of Federal chemical science and engineering research and development; and (ii) the solicitation and evaluation of all proposals for chemical science and engineering research and development; (2) examine methods by which the Federal Government can create incentives for consideration and use of green chemistry processes and products; (3) facilitate the adoption of green chemistry innovations; (4) expand education and training of undergraduate and graduate students, and professional chemists and chemical engineers, including through partnerships with industry, in green chemistry science and engineering; (5) collect and disseminate information on green chemistry research, development, and technology transfer, including information on-- (A) incentives and impediments to development and commercialization; (B) accomplishments; (C) best practices; and (D) costs and benefits; (6) provide venues for outreach and dissemination of green chemistry advances such as symposia, forums, conferences, and written materials in collaboration with, as appropriate, industry, academia, scientific and professional societies, and other relevant groups; (7) support economic, legal, and other appropriate social science research to identify barriers to commercialization and methods to advance commercialization of green chemistry; and (8) provide for public input and outreach to be integrated into the Program by the convening of public discussions, through mechanisms such as citizen panels, consensus conferences, and educational events, as appropriate. (c) Interagency Working Group.--The President shall establish an Interagency Working Group, which shall include representatives from the National Science Foundation, the National Institute of Standards and Technology, the Department of Energy, the Environmental Protection Agency, and any other agency that the President may designate. The Director of the National Science Foundation and the Assistant Administrator for Research and Development of the Environmental Protection Agency shall serve as co-chairs of the Interagency Working Group. The Interagency Working Group shall oversee the planning, management, and coordination of the Program. The Interagency Working Group shall-- (1) establish goals and priorities for the Program, to the extent practicable in consultation with green chemistry researchers and potential end-users of green chemistry products and processes; and (2) provide for interagency coordination, including budget coordination, of activities under the Program. (d) Agency Budget Requests.--Each Federal agency and department participating in the Program shall, as part of its annual request for appropriations to the Office of Management and Budget, submit a report to the Office of Management and Budget which identifies its activities that contribute directly to the Program and states the portion of its request for appropriations that is allocated to those activities. The President shall include in his annual budget request to Congress a statement of the portion of each agency's or department's annual budget request allocated to its activities undertaken pursuant to the Program. (e) Report to Congress.--Not later than 2 years after the date of enactment of this Act, the Interagency Working Group shall transmit a report to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. This report shall include-- (1) a summary of federally funded green chemistry research, development, demonstration, education, and technology transfer activities, including the green chemistry budget for each of these activities; and (2) an analysis of the progress made toward achieving the goals and priorities for the Program, and recommendations for future program activities. SEC. 4. MANUFACTURING EXTENSION CENTER GREEN SUPPLIERS NETWORK GRANT PROGRAM. Section 25(a) of the National Institute of Standards and Technology Act (15 U.S.C. 278k(a)) is amended-- (1) by striking ``and'' at the end of paragraph (4); (2) by striking the period at the end of paragraph (5) and inserting ``; and''; and (3) by adding at the end the following: ``(6) the enabling of supply chain manufacturers to continuously improve products and processes, increase energy efficiency, identify cost-saving opportunities, and optimize resources and technologies with the aim of reducing or eliminating the use or generation of hazardous substances.''. SEC. 5. UNDERGRADUATE EDUCATION IN CHEMISTRY AND CHEMICAL ENGINEERING. (a) Program Authorized.--(1) As part of the Program activities under section 3(b)(4), the Director of the National Science Foundation shall carry out a program to award grants to institutions of higher education to support efforts by such institutions to revise their undergraduate curriculum in chemistry and chemical engineering to incorporate green chemistry concepts and strategies. (2) Grants shall be awarded under this section on a competitive, merit-reviewed basis and shall require cost sharing in cash from non- Federal sources, to match the Federal funding. (b) Selection Process.--(1) An institution of higher education seeking funding under this section shall submit an application to the Director at such time, in such manner, and containing such information as the Director may require. The application shall include at a minimum-- (A) a description of the content and schedule for adoption of the proposed curricular revisions to the courses of study offered by the applicant in chemistry and chemical engineering; and (B) a description of the source and amount of cost sharing to be provided. (2) In evaluating the applications submitted under paragraph (1), the Director shall consider, at a minimum-- (A) the level of commitment demonstrated by the applicant in carrying out and sustaining lasting curriculum changes in accordance with subsection (a)(1); and (B) the amount of cost sharing to be provided. (c) Authorization of Appropriations.--In addition to amounts authorized under section 8, from sums otherwise authorized to be appropriated by the National Science Foundation Authorization Act of 2002, there are authorized to be appropriated to the National Science Foundation for carrying out this section $7,000,000 for fiscal year 2006, $7,500,000 for fiscal year 2007, and $8,000,000 for fiscal year 2008. SEC. 6. STUDY ON COMMERCIALIZATION OF GREEN CHEMISTRY. (a) Study.--The Director of the National Science Foundation shall enter into an arrangement with the National Research Council to conduct a study of the factors that constitute barriers to the successful commercial application of promising results from green chemistry research and development. (b) Contents.--The study shall-- (1) examine successful and unsuccessful attempts at commercialization of green chemistry in the United States and abroad; and (2) recommend research areas and priorities and public policy options that would help to overcome identified barriers to commercialization. (c) Report.--The Director shall submit a report to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the findings and recommendations of the study within 18 months after the date of enactment of this Act. SEC. 7. PARTNERSHIPS IN GREEN CHEMISTRY. (a) Program Authorized.--(1) The agencies participating in the Program shall carry out a joint, coordinated program to award grants to institutions of higher education to establish partnerships with companies in the chemical industry to retrain chemists and chemical engineers in the use of green chemistry concepts and strategies. (2) Grants shall be awarded under this section on a competitive, merit-reviewed basis and shall require cost sharing from non-Federal sources by members of the partnerships. (3) In order to be eligible to receive a grant under this section, an institution of higher education shall enter into a partnership with two or more companies in the chemical industry. Such partnerships may also include other institutions of higher education and professional associations. (4) Grants awarded under this section shall be used for activities to provide retraining for chemists or chemical engineers in green chemistry, including-- (A) the development of curricular materials and the designing of undergraduate and graduate level courses; and (B) publicizing the availability of professional development courses of study in green chemistry and recruiting graduate scientists and engineers to pursue such courses. Grants may provide stipends for individuals enrolled in courses developed by the partnership. (b) Selection Process.--(1) An institution of higher education seeking funding under this section shall submit an application at such time, in such manner, and containing such information as shall be specified by the Interagency Working Group and published in a proposal solicitation for the Program. The application shall include at a minimum-- (A) a description of the partnership and the role each member will play in implementing the proposal; (B) a description of the courses of study that will be provided; (C) a description of the number and size of stipends, if offered; (D) a description of the source and amount of cost sharing to be provided; and (E) a description of the manner in which the partnership will be continued after assistance under this section ends. (2) The evaluation of the applications submitted under paragraph (1) shall be carried out in accordance with procedures developed by the Interagency Working Group and shall consider, at a minimum-- (A) the ability of the partnership to carry out effectively the proposed activities; (B) the degree to which such activities are likely to prepare chemists and chemical engineers sufficiently to be competent to apply green chemistry concepts and strategies in their work; and (C) the amount of cost sharing to be provided. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. (a) National Science Foundation.--(1) From sums otherwise authorized to be appropriated by the National Science Foundation Authorization Act of 2002, there are authorized to be appropriated to the National Science Foundation for carrying out this Act-- (A) $7,000,000 for fiscal year 2006; (B) $7,500,000 for fiscal year 2007; and (C) $8,000,000 for fiscal year 2008. (2) The sums authorized by paragraph (1) are in addition to any funds the National Science Foundation is spending on green chemistry through its ongoing chemistry and chemical engineering programs. (b) National Institute of Standards and Technology.--From sums otherwise authorized to be appropriated, there are authorized to be appropriated to the National Institute of Standards and Technology for carrying out this Act-- (1) $5,000,000 for fiscal year 2006; (2) $5,500,000 for fiscal year 2007; and (3) $6,000,000 for fiscal year 2008. (c) Department of Energy.--From sums otherwise authorized to be appropriated, there are authorized to be appropriated to the Department of Energy for carrying out this Act-- (1) $7,000,000 for fiscal year 2006; (2) $7,500,000 for fiscal year 2007; and (3) $8,000,000 for fiscal year 2008. (d) Environmental Protection Agency.--From sums otherwise authorized to be appropriated, there are authorized to be appropriated to the Environmental Protection Agency for carrying out this Act-- (1) $7,000,000 for fiscal year 2006; (2) $7,500,000 for fiscal year 2007; and (3) $8,000,000 for fiscal year 2008.	Green Chemistry Research and Development Act of 2005 - Directs the President to establish a Green Chemistry Research and Development Program to promote and coordinate Federal research, development, demonstration, education, and technology transfer activities related to green chemistry. Requires the President to establish an Interagency Working Group to oversee the planning, management, and coordination of the Program. Amends the National Institute of Standards and Technology Act to provide for the Regional Centers for the Transfer of Manufacturing Technology to enhance productivity and technological performance in U.S. manufacturing through the enabling of supply chain manufacturers to continuously make improvements with the aim of reducing or eliminating the use or generation of hazardous substances. Requires the Director of the National Science Foundation to carry out a program to award grants to institutions of higher education to support their efforts to revise their undergraduate curriculum in chemistry and chemical engineering to incorporate green chemistry concepts and strategies. Requires such Director to enter into an arrangement with the National Research Council to conduct a study of, and report on, the factors that constitute barriers to the successful commercial application of promising results from green chemistry research and development. Directs the agencies participating in the Program to carry out a joint, coordinated program to award grants to institutions of higher education to establish partnerships with companies in the chemical industry to retrain chemists and chemical engineers in the use of green chemistry concepts and strategies.
SECTION 1. FINDINGS AND PURPOSES. (a) Findings.--Congress makes the following findings: (1) The placement of telecommunications facilities near residential properties can greatly reduce the value of such properties, destroy the views from such properties, and reduce substantially the desire to live in the area. (2) States and local governments should be able to exercise control over the placement, construction, and modification of such facilities through the use of zoning, planned growth, and other land use regulations relating to the protection of the environment and public health, safety, and welfare of the community. (3) There are alternatives to the construction of facilities to meet telecommunications and broadcast needs, including, but not limited to, alternative locations, colocation of antennas on existing towers or structures, towerless PCS-Over-Cable or PCS-Over-Fiber telephone service, satellite television systems, low-Earth orbit satellite communication networks, and other alternative technologies. (4) There are alternative methods of designing towers to meet telecommunications and broadcast needs, including the use of small towers that do not require blinking aircraft safety lights, break skylines, or protrude above tree canopies and that are camouflaged or disguised to blend with their surroundings, or both. (5) On August 19, 1997, the Federal Communications Commission issued a proposed rule, MM Docket No. 97-182, which would preempt the application of State and local zoning and land use ordinances regarding the placement, construction, and modification of broadcast transmission facilities. It is in the interest of the Nation that the Commission not adopt this rule. (6) It is in the interest of the Nation that the memoranda opinions and orders and proposed rules of the Commission with respect to application of certain ordinances to the placement of such towers (WT Docket No. 97-192, ET Docket No. 93-62, RM- 8577, and FCC 97-303, 62 F.R. 47960) be modified in order to permit State and local governments to exercise their zoning and land use authorities, and their power to protect public health and safety, to regulate the placement of telecommunications or broadcast facilities and to place the burden of proof in civil actions, and in actions before the Commission and State and local authorities relating to the placement, construction, and modification of such facilities, on the person or entity that seeks to place, construct, or modify such facilities. (7) PCS-Over-Cable, PCS-Over-Fiber, and satellite telecommunications systems, including low-Earth orbit satellites, offer a significant opportunity to provide so- called ``911'' emergency telephone service throughout much of the United States. (8) According to the Comptroller General, the Commission does not consider itself a health agency and turns to health and radiation experts outside the Commission for guidance on the issue of health and safety effects of radio frequency exposure. (9) The Federal Aviation Administration does not have adequate authority to regulate the placement, construction, and modification of telecommunications facilities near airports or high-volume air traffic areas such as corridors of airspace or commonly used flyways. The Commission's proposed rules to preempt State and local zoning and land-use regulations for the siting of such facilities will have a serious negative impact on aviation safety, airport capacity and investment, and the efficient use of navigable airspace. (10) The telecommunications industry and its experts should be expected to have access to the best and most recent technical information and should therefore be held to the highest standards in terms of their representations, assertions, and promises to governmental authorities. (11) There has been a substantial effort by the Federal Government to determine the effects of electric and magnetic fields on biological systems, as is evidenced by the Electric and Magnetic Fields Research and Public Information Dissemination (RAPID) Program, which was established by section 2118 of the Energy Policy Act of 1992 (Public Law 102-486; 42 U.S.C. 13478). This five-year program, which was coordinated by the National Institute of Environmental Health Sciences and the Department of Energy, examined the possible effects of electric and magnetic fields on human health. Despite the success of this program, there has been no similar effort by the Federal Government to determine the possible effects on human health of radio frequency emissions associated with telecommunications facilities. The RAPID program could serve as the excellent model for a Federally-sponsored research project. (b) Purposes.--The purposes of this Act are as follows: (1) To repeal certain limitations on State and local authority regarding the placement, construction, and modification of personal wireless service facilities and related facilities as such limitations arise under section 332(c)(7) of the Communications Act of 1934 (47 U.S.C. 332(c)(7)). (2) To permit State and local governments-- (A) in cases where the placement, construction, or modification of telecommunications facilities and other facilities is inconsistent with State and local regulations, laws, or decisions, to require the use of alternative telecommunication or broadcast technologies when such alternative technologies are available; (B) to regulate the placement, modification, and construction of such facilities so that their placement, construction, or modification will not interfere with the safe and efficient use of public airspace or otherwise compromise or endanger public safety; and (C) to hold applicants for permits for the placement, construction, or modification of such telecommunications facilities, and providers of services using such towers and facilities, accountable for the truthfulness and accuracy of representations and statements placed in the record of hearings for such permits, licenses, or approvals. SEC. 2. STATE AND LOCAL AUTHORITY OVER PLACEMENT, CONSTRUCTION, AND MODIFICATION OF TELECOMMUNICATIONS FACILITIES. (a) Repeal of Limitations on Regulation of Personal Wireless Facilities.--Section 332(c)(7)(B) of the Communications Act of 1934 (47 U.S.C. 332(c)(7)(B)) is amended-- (1) in clause (i), by striking ``thereof--'' and all that follows through the end and inserting ``thereof shall not unreasonably discriminate among providers of functionally equivalent services.''; (2) by striking clause (iv); (3) by redesignating clause (v) as clause (iv); and (4) in clause (iv), as so redesignated-- (A) in the first sentence, by striking ``30 days after such action or failure to act'' and inserting ``30 days after exhaustion of any administrative remedies with respect to such action or failure to act''; and (B) by striking the third sentence and inserting the following: ``In any such action in which a person seeking to place, construct, or modify a telecommunications facility is a party, such person shall bear the burden of proof, regardless of who commences the action.''. (b) Prohibition on Adoption of Rule Regarding Preemption of State and Local Authority Over Broadcast Transmission Facilities.-- Notwithstanding any other provision of law, the Federal Communications Commission may not adopt as a final rule or otherwise the proposed rule set forth in ``Preemption of State and Local Zoning and Land Use Restrictions on Siting, Placement and Construction of Broadcast Station Transmission Facilities'', MM Docket No. 97-182, released August 19, 1997. (c) Authority Over Placement, Construction, and Modification of Other Transmission Facilities.--Part I of title III of the Communications Act of 1934 (47 U.S.C. 301 et seq.) is amended by adding at the end the following: ``SEC. 337. STATE AND LOCAL AUTHORITY OVER PLACEMENT, CONSTRUCTION, AND MODIFICATION OF TELECOMMUNICATIONS FACILITIES. ``(a) In General.--Notwithstanding any other provision of this Act, no provision of this Act may be interpreted to authorize any person or entity to place, construct, or modify telecommunications facilities in a manner that is inconsistent with State or local law, or contrary to an official decision of the appropriate State or local government entity having authority to approve, permit, license, modify, or deny an application to place, construct, or modify a tower, if alternate technology is capable of delivering the broadcast or telecommunications signals without the use of a tower. ``(b) Authority Regarding Production of Safety and Interference Studies.--No provision of this Act may be interpreted to prohibit a State or local government from-- ``(1) requiring a person or entity seeking authority to place, construct, or modify telecommunications facilities or broadcast transmission facilities within the jurisdiction of such government to produce-- ``(A) environmental studies, engineering reports, or other documentation of the compliance of such facilities with radio frequency exposure limits established by the Commission and compliance with applicable laws and regulations governing the effects of the proposed facility on the health, safety, and welfare of local residents in the community; and ``(B) documentation of the compliance of such facilities with applicable Federal, State, and local aviation safety standards or aviation obstruction standards regarding objects effecting navigable airspace; or ``(2) refusing to grant authority to such person to locate such facilities within the jurisdiction of such government if such person fails to produce any studies, reports, or documentation required under paragraph (1). ``(c) Construction.--Nothing in this section may be construed to prohibit or otherwise limit the authority of a State or local government to ensure compliance with or otherwise enforce any statements, assertions, or representations filed or submitted by or on behalf of an applicant with the State or local government for authority to place, construct, or modify telecommunications facilities or broadcast transmission facilities within the jurisdiction of the State or local government.''. SEC. 3. ASSESSMENT OF RESEARCH ON EFFECTS OF RADIO FREQUENCY EMISSIONS ON HUMAN HEALTH. (a) Assessment.--The Secretary of Health and Human Services shall carry out an independent assessment on the effects of radio frequency emission on human health. The Secretary shall carry out the independent assessment through grants to appropriate public and private entities selected by the Secretary for purposes of the independent assessment. (b) Authorization of Appropriations.--There are hereby authorized to be appropriated for the Secretary of Health and Human Services for fiscal year 2000, $10,000,000 for purposes of grants for the independent assessment required by subsection (a). Amounts appropriated pursuant to the authorization of appropriation in the preceding sentence shall remain available until expended. (c) The Secretary of Health and Human Services shall produce a report on existing research evaluating the biological effects to human health of short term, high-level, as well as long-term, low-level exposures to radio frequency emissions to Congress no later than January 1, 2001.	Amends the Communications Act of 1934 (the Act) to repeal a provision which prohibits a State or local government from regulating the placement, construction, and modification of personal wireless service facilities on the basis of environmental effects of radio frequency emissions to the extent that such facilities comply with Federal Communications Commission (FCC) regulations concerning such emissions. Requires, in an action in which a person is seeking to place, construct, or modify a telecommunications facility, that such person bear the burden of proof as to the necessity of such placement, construction, or modification. Prohibits the FCC from adopting as a final rule a specified proposed rule which preempts State and local authority over the placement of broadcast transmission facilities. States that no provision of the Act may be interpreted to: (1) authorize any person or entity to place, construct, or modify telecommunications facilities in a manner inconsistent with State or local law if alternative technology is capable of delivering the broadcast or telecommunications signals without the use of a tower; or (2) prohibit a State or local government from requiring the production of safety and interference studies with respect to such facilities. Requires the Secretary of Health and Human Services to carry out an independent assessment of the effects of radio frequency emission on human health. Authorizes appropriations.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Infertility Coverage for Federal Employees, Military Personnel, and their Families Act''. SEC. 2. INFERTILITY BENEFITS. (a) Federal Employee Health Benefits Plans.--Section 8904 of title 5, United States Code, is amended by adding at the end the following: ``(c)(1) Each health benefits plan described by section 8903 or 8903a which provides obstetrical benefits shall also provide coverage for the diagnosis and treatment of infertility, including nonexperimental assisted reproductive technology procedures. ``(2) Under this subsection-- ``(A) coverage for the diagnosis or treatment of infertility may not be subject to any copayment or deductible greater than applies with respect to obstetrical benefits under the plan involved; and ``(B) coverage for a procedure described in paragraph (5)(B) shall, in the case of any individual, be required only if-- ``(i) such individual has been unable to carry a pregnancy to live birth through less costly, medically appropriate infertility treatments for which such individual has coverage under this chapter; ``(ii) the procedure (including any retrieval incident thereto) is performed at medical facilities that conform to the standards of the American Society for Reproductive Medicine, the Society for Assisted Reproductive Technology, the American College of Obstetricians and Gynecologists, or any other similar nationally-recognized organization, or a Federal agency that promulgates standards for infertility procedures; and ``(iii) if the services of a laboratory are required, such laboratory is accredited by the College of American Pathologists' Reproductive Laboratory Accreditation Program or any other similar nationally- recognized program, or a Federal agency performing a similar function. ``(3)(A) Except as provided in subparagraph (B) or (C)-- ``(i) coverage for a procedure described in paragraph (5)(B) may be provided only if the individual involved has not already undergone 4 attempts to achieve a live birth using any such procedures; and ``(ii) coverage for an oocyte retrieval may be provided only if the individual involved has not already undergone 4 complete oocyte retrievals. ``(B) For purposes of clause (i) of subparagraph (A)-- ``(i) if a live birth results from the third attempt (using a procedure described in paragraph (5)(B)), such clause shall be applied by substituting `5' for `4'; and ``(ii) if a live birth results from the fourth attempt (using a procedure described in paragraph (5)(B)), such clause shall be applied by substituting `6' for the otherwise applicable lifetime maximum. ``(C) For purposes of clause (ii) of subparagraph (A)-- ``(i) if a live birth results from the third oocyte retrieval, such clause shall be applied by substituting `5' for `4'; and ``(ii) if a live birth results from the fourth oocyte retrieval, such clause shall be applied by substituting `6' for the otherwise applicable lifetime maximum. ``(4) In no event shall this subsection be considered to permit or require coverage-- ``(A) if, or to the extent that, the health benefits plan objects to such coverage on the basis of religious beliefs; or ``(B) in connection with any procedure or treatment, unless rendered by a physician or at the direction or request of a physician. ``(5) For purposes of this subsection-- ``(A) the term `infertility' means-- ``(i) the inability to conceive a pregnancy after 12 months of regular sexual relations without contraception or to carry a pregnancy to a live birth; or ``(ii) the presence of a demonstrated condition determined by 2 physicians (at least 1 of whom specializes in infertility) to cause infertility; and ``(B) the term `nonexperimental assisted reproductive technology procedure' means in vitro fertilization, gamete intrafallopian transfer, zygote intrafallopian transfer, and any other clinical treatment or procedure the safety and efficacy of which are recognized by the American Society for Reproductive Medicine, the American College of Obstetricians and Gynecologists, or any other similar nationally-recognized organization, or a Federal agency described in paragraph (2)(B)(iii). ``(6) The Office shall prescribe any regulations necessary to carry out this subsection.''. (b) Defense Health Care Plans.--(1) Chapter 55 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 1110a. Obstetrical and infertility benefits ``(a)(1) Any health care plan under this chapter which provides obstetrical benefits shall also provide coverage for the diagnosis and treatment of infertility, including nonexperimental assisted reproductive technology procedures. ``(2) Under this subsection-- ``(A) coverage for the diagnosis or treatment of infertility may not be subject to any copayment or deductible greater than applies with respect to obstetrical benefits under the plan involved; and ``(B) coverage for a procedure described in paragraph (5)(B) shall, in the case of any individual, be required only if-- ``(i) such individual has been unable to carry a pregnancy to live birth through less costly, medically appropriate infertility treatments for which such individual has coverage under this chapter; ``(ii) the procedure (including any retrieval incident thereto) is performed at medical facilities that conform to the standards of the American Society for Reproductive Medicine, the Society for Assisted Reproductive Technology, the American College of Obstetricians and Gynecologists, or any other similar nationally-recognized organization, or a Federal agency that promulgates standards for infertility procedures; and ``(iii) if the services of a laboratory are required, such laboratory is accredited by the College of American Pathologists' Reproductive Laboratory Accreditation Program or any other similar nationally- recognized program, or a Federal agency performing a similar function. ``(3)(A) Except as provided in subparagraph (B) or (C)-- ``(i) coverage for a procedure described in paragraph (5)(B) may be provided only if the individual involved has not already undergone 4 attempts to achieve a live birth using any such procedures; and ``(ii) coverage for an oocyte retrieval may be provided only if the individual involved has not already undergone 4 complete oocyte retrievals. ``(B) For purposes of clause (i) of subparagraph (A)-- ``(i) if a live birth results from the third attempt (using a procedure described in paragraph (5)(B)), such clause shall be applied by substituting `5' for `4'; and ``(ii) if a live birth results from the fourth attempt (using a procedure described in paragraph (5)(B)), such clause shall be applied by substituting `6' for the otherwise applicable lifetime maximum. ``(C) For purposes of clause (ii) of subparagraph (A)-- ``(i) if a live birth results from the third oocyte retrieval, such clause shall be applied by substituting `5' for `4'; and ``(ii) if a live birth results from the fourth oocyte retrieval, such clause shall be applied by substituting `6' for the otherwise applicable lifetime maximum. ``(4) In no event shall this subsection be considered to permit or require coverage-- ``(A) if, or to the extent that, the health benefits plan objects to such coverage on the basis of religious beliefs; or ``(B) in connection with any procedure or treatment, unless rendered by a physician or at the direction or request of a physician. ``(5) For purposes of this subsection-- ``(A) the term `infertility' means-- ``(i) the inability to conceive a pregnancy after 12 months of regular sexual relations without contraception or to carry a pregnancy to a live birth; or ``(ii) the presence of a demonstrated condition determined by 2 physicians (at least 1 of whom specializes in infertility) to cause infertility; and ``(B) the term `nonexperimental assisted reproductive technology procedure' means in vitro fertilization, gamete intrafallopian transfer, zygote intrafallopian transfer, and any other clinical treatment or procedure the safety and efficacy of which are recognized by the American Society for Reproductive Medicine, the American College of Obstetricians and Gynecologists, or any other similar nationally-recognized organization, or a Federal agency described in paragraph (2)(B)(iii). ``(b) The Secretary of Defense shall prescribe any regulations necessary to carry out this section.''. (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``1110a. Obstetrical and infertility benefits.''. SEC. 3. EFFECTIVE DATE. The amendments made by this Act shall apply with respect to contracts entered into or renewed for any year beginning after the end of the 6-month period beginning on the date of enactment of this Act.	Infertility Coverage for Federal Employees, Military Personnel, and their Families Act - Requires any health benefits plan under the Federal Employees Health Benefit Program or TRICARE (a Department of Defense managed health care program) that provides obstetrical benefits to also provide coverage for the diagnosis and treatment of infertility, including nonexperimental assisted reproductive technology procedures.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Safe Communities and Safe Schools Mercury Reduction Act of 2005''. SEC. 2. FINDINGS. The Congress finds the following: (1) Mercury is a naturally occurring element and bioaccumulative toxin that is easily absorbed through skin and respiratory and gastrointestinal tissues. (2) Although mercury is naturally occurring, studies have shown that its concentration has increased dramatically over the past 150 to 200 years due to mining and industrial activities. (3) Common sources of mercury released into the environment include breakage of mercury-containing products like fluorescent bulbs and thermometers, the manufacturing of mercury-containing products, and incineration of mercury- containing products. (4) According to recent studies, mercury deposits are a significant public health threat in many States throughout the United States. (5) Fetuses, infants, and young children are at the greatest risk from chronic low level mercury exposure. (6) A study by the Centers for Disease Control and Prevention found that approximately 8 percent of women of childbearing age in the United States had mercury levels exceeding the level considered safe by the Environmental Protection Agency for protecting the fetus. This translates into approximately 60,000 babies born each year in the United States at risk of developmental harm due to mercury exposure in the womb. (7) A study published in the Journal of Obstetrics and Gynecology found that elevated mercury exposures associated with seafood could be linked to an increased risk of infertility in both men and women. (8) Mercury pollution is widespread. As of early 2003, 43 States had issued mercury fish consumption advisories for one or more freshwater or marine fish. (9) Mercury is the most common pollutant triggering fish consumption advisories in the United States. The number of mercury advisories has increased 138 percent from 1994 to 2002. In 2002, mercury advisories covered 12,000,000 lake acres and 470,000 river miles. (10) According to the Mercury Study Report, prepared by the Environmental Protection Agency and submitted to Congress in 1997, mercury fever thermometers contribute approximately 17 tons of mercury to solid waste each year. (11) Numerous mercury spills have been documented in schools, often causing thousands of dollars to clean up. A mercury spill in Washington, D.C., in September of 2003 cost over $1,000,000 to clean up and resulted in a temporary school closure of several weeks. (12) Mercury-containing thermostats generally contain 3 grams of mercury, which is enough mercury to poison a 60 acre lake for one year. (13) Automobile scrapping is the fourth largest source of mercury pollution nationwide, behind waste incineration, coal- fired power plants, and commercial and industrial boilers. It is estimated that about 20,000 pounds of automotive mercury are released each year in the United States. SEC. 3. GRANT PROGRAM. (a) Establishment.--The Administrator of the Environmental Protection Agency (in this Act referred to as the ``Administrator'') shall establish a program for making renewable grants to governmental and nonprofit agencies and organizations, and to for-profit entities, for projects to-- (1) reduce harmful free-flowing elemental mercury and mercury-added products from the environment; (2) safely dispose of or recycle harmful mercury; (3) educate communities and citizens about the harmful effects of mercury; (4) develop and carry out a plan, in accordance with guidance provided by the Administrator under section 5, on how to eliminate free flowing mercury and instruments containing mercury from the premises of K-12 public and private schools; (5) carry out a mercury thermometer exchange program; or (6) facilitate the recovery and safe disposal and management of mercury-added components from automobiles. (b) Procedures and Selection Criteria.--The Administrator shall establish procedures for the selection of grant recipients under this section, including requirements that appropriate records and information be made available to the Administrator as necessary to ensure that grant funds are used for the purposes for which they are provided. Criteria for selection shall include-- (1) strengths and weaknesses of the project; (2) adequacy of overall project design; (3) competency of proposed staff; (4) suitability of applicant's available resources; (5) appropriateness of the proposed project duration and budget; and (6) probability that the project will accomplish stated objectives. (c) Recycling Programs.--Funds provided through a grant provided under this section may be used for a recycling program only if more than 50 percent of the total material recycled under the program is mercury. (d) Automobile Components.--The Administrator shall encourage States to develop programs that facilitate the recovery and safe disposal and management of mercury-added component parts from automobiles. These programs should target the removal of mercury-added components when they are being replaced or removed from scrapped vehicles. (e) Authorization of Appropriations.--There are authorized to be appropriated to the Administrator for carrying out this section $75,000,000 for each of the fiscal years 2006 through 2009. SEC. 4. SALE OF THERMOMETERS; THERMOSTAT REPLACEMENT AND RECYCLING. (a) In General.--Subtitle C of the Solid Waste Disposal Act (42 U.S.C. 6921 et seq.) is amended by adding at the end the following: ``SEC. 3024. MERCURY. ``(a) Sale of Thermometers.--Effective beginning 180 days after the date of enactment of this section-- ``(1) a person shall not sell or supply a mercury fever thermometer to a consumer, except by prescription; and ``(2) with each mercury fever thermometer sold or supplied by prescription, the manufacturer of the thermometer shall provide clear instructions on-- ``(A) careful handling of the thermometer to avoid breakage; and ``(B) proper cleanup of the thermometer and its contents in the event of breakage. ``(b) Thermostat Replacement.--Effective beginning 2 years after the date of enactment of this section-- ``(1) a contractor who replaces a building thermostat in a residential or commercial building shall dispose of the replaced thermostat through a recycling program established or participated in under paragraph (2); and ``(2) each manufacturer of building thermostats for installation in a residential or commercial building shall-- ``(A) establish or participate in a program for the safe and environmentally responsible recycling of thermostats replaced by the manufacturer's thermostats; and ``(B) establish or participate in a program to clearly educate individuals who sell or install the manufacturer's thermostats about the program established under subparagraph (A).''. (b) Conforming Amendment.--Section 1001 of the Solid Waste Disposal Act (42 U.S.C. prec. 6901) is amended by adding at the end of the items relating to subtitle C the following: ``Sec. 3024. Mercury.''. SEC. 5. SCHOOL PREMISES GUIDANCE. Not later than 1 year after the date of enactment of this Act, the Administrator shall publish guidance to assist State and local governments to remove elemental free-flowing mercury and mercury-added instruments from the premises of public and private schools. Thermostats, computers, and motorized vehicles shall not be considered instruments for the purposes of this section. SEC. 6. ANNUAL REPORT. Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Administrator, after obtaining necessary information from appropriate State agencies, shall transmit to the Congress a report on the progress made under this Act. Such report shall include-- (1) an executive summary; (2) a brief description of the background of this Act; (3) a State-by-State progress summary of mercury reduction efforts relating to this Act, including a quantitative analysis of the amount of mercury eliminated, recycled, or disposed of in each State, and an identification of the method or program responsible; (4) a description of grants and amounts awarded under section 3, and of the criteria used for awarding those grants; (5) a summary of a few selected mercury reduction programs that received grants, with a description of the success or problems each program had; (6) a detailed financial reporting of total administration costs of carrying out this Act; (7) a joint summary, by the Administrator and appropriate State officials, that describes the coordination and communication progress and problems between the Federal and State Governments in carrying out this Act; and (8) recommendations for greater efficiency or improvement of administration of this Act. SEC. 7. MERCURY AMALGAM REDUCTION. (a) In General.--Not later than 3 years after the date of enactment of this Act, the Administrator shall issue guidelines that specify requirements for dentists to capture 90 percent or more of mercury- laden amalgam when administering amalgam to, or recovering amalgam from, their patients. (b) Considerations.--The guidelines described in subsection (a) shall take into account-- (1) Federal, State, and local mercury-laden amalgam programs in existence; (2) current use of mercury-laden amalgam by dentists; (3) current waste management practices used by dental offices and their mercury-laden amalgam capture rates; (4) the number of technologies that capture mercury-laden amalgam, and their availability, capture rates, and affordability; (5) the economic costs to dental offices in meeting the 90 percent capture requirements; (6) structural designs of office buildings that may restrict technologies that can be used to capture mercury-laden amalgam; (7) implementing a process in which dental offices can request an exemption waiver from meeting these requirements; (8) geographic areas where the bioaccumulation of mercury- laden amalgam is more likely; and (9) lack of recycling or waste management programs or infrastructure that supports the safe removal and management of mercury-laden amalgam within reasonable proximities to dental offices.	Safe Communities and Safe Schools Mercury Reduction Act of 2005 - Requires the Administrator of the Environmental Protection Agency (EPA) to establish a grant program for projects to: (1) reduce free-flowing elemental mercury and mercury-added products from the environment; (2) safely dispose of or recycle mercury; (3) educate communities and citizens about mercury's harmful effects; (4) develop and carry out a plan for eliminating free-flowing mercury and instruments containing mercury from K-12 public and private schools; (5) carry out a mercury thermometer exchange program; or (6) facilitate the recovery, and safe disposal and management, of mercury-added components from automobiles. Directs the Administrator to encourage States to develop programs that facilitate the recovery and safe disposal and management of mercury-added component parts from automobiles when components are being replaced or removed from scrapped vehicles. Amends the Solid Waste Disposal Act to: (1) prohibit the sale or supplying of mercury fever thermometers to consumers except by prescription; and (2) require manufacturers of such prescribed thermometers to provide instructions on careful handling to avoid breakage and proper cleanup in the event of breakage. Requires contractors who replace building thermostats in residential or commercial buildings to dispose of replaced thermometers through recycling programs established or participated in by building thermostat manufacturers as required by this Act. Requires the Administrator to publish guidance to assist State and local governments in removing elemental free-flowing mercury and mercury-added instruments from public and private schools. Directs the Administrator to issue regulations requiring dentists to capture 90 percent or more of mercury-laden amalgam when administering amalgam to or recovering amalgam from patients. Sets forth considerations that such guidelines shall take into account.
SECTION 1. SHORT TITLE; REFERENCES. (a) Short Title.--This Act may be cited as the ``National Transportation Safety Board Amendments Act of 2000''. (b) References.--Except as otherwise specifically 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 of law, the reference shall be considered to be made to a section or other provision of title 49, United States Code. SEC. 2. DEFINITIONS. Section 1101 is amended to read as follows: ``Sec. 1101. Definitions ``Section 2101(17a) of title 46 and section 40102(a) of this title apply to this chapter. In this chapter, the term `accident' includes damage to or destruction of vehicles in surface or air transportation or pipelines, regardless of whether the initiating event is accidental or otherwise.''. SEC. 3. AUTHORITY TO ENTER INTO AGREEMENTS. (a) In General.--Section 1113(b)(1)(I) is amended to read as follows: ``(I) negotiate and enter into agreements with individuals and private entities and departments, agencies, and instrumentalities of the Government, State and local governments, and governments of foreign countries for the provision of facilities, accident-related and technical services or training in accident investigation theory and techniques, and require that such entities provide appropriate consideration for the reasonable costs of any facilities, goods, services, or training provided by the Board.''. (b) Deposit of Amounts.-- (1) Section 1113(b)(2) is amended-- (A) by inserting ``as offsetting collections'' after ``to be credited''; and (B) by adding after ``Board.'' the following: ``The Board shall maintain an annual record of collections received under paragraph (1)(I) of this subsection.''. (2) Section 1114(a) is amended-- (A) by inserting ``(1)'' before ``Except''; and (B) by adding at the end thereof the following: ``(2) The Board shall deposit in the Treasury amounts received under paragraph (1) to be credited to the appropriation of the Board as offsetting collections.''. (3) Section 1115(d) is amended by striking ``of the `National Transportation Safety Board, Salaries and Expenses''' and inserting ``of the Board''. SEC. 4. OVERTIME PAY. Section 1113 is amended by adding at the end the following: ``(g) Overtime Pay.-- ``(1) In general.--Subject to the requirements of this section and notwithstanding paragraphs (1) and (2) of section 5542(a) of title 5, for an employee of the Board whose basic pay is at a rate which equals or exceeds the minimum rate of basic pay for GS-10 of the General Schedule, the Board may establish an overtime hourly rate of pay for the employee with respect to work performed at the scene of an accident (including travel to or from the scene) and other work that is critical to an accident investigation in an amount equal to one and one-half times the hourly rate of basic pay of the employee. All of such amount shall be considered to be premium pay. ``(2) Limitation on overtime pay to an employee.--An employee of the Board may not receive overtime pay under paragraph (1), for work performed in a calendar year, in an amount that exceeds 15 percent of the annual rate of basic pay of the employee for such calendar year. ``(3) Limitation on total amount of overtime pay.--The Board may not make overtime payments under paragraph (1) for work performed in any fiscal year in a total amount that exceeds 1.5 percent of the amount appropriated to carry out this chapter for that fiscal year. ``(4) Basic pay defined.--In this subsection, the term `basic pay' includes any applicable locality-based comparability payment under section 5304 of title 5 (or similar provision of law) and any special rate of pay under section 5305 of title 5 (or similar provision of law). ``(5) Annual report.--Not later than January 31, 2002, and annually thereafter, the Board shall transmit to the Senate Committee on Commerce, Science, and Transportation and the House Transportation and Infrastructure Committee a report identifying the total amount of overtime payments made under this subsection in the preceding fiscal year, and the number of employees whose overtime pay under this subsection was limited in that fiscal year as a result of the 15 percent limit established by paragraph (2).''. SEC. 5. RECORDERS. (a) Cockpit Video Recordings.--Section 1114(c) is amended-- (1) by striking ``Voice'' in the subsection heading; (2) by striking ``cockpit voice recorder'' in paragraphs (1) and (2) and inserting ``cockpit voice or video recorder''; and (3) by inserting ``or any written depiction of visual information'' after ``transcript'' in the second sentence of paragraph (1). (b) Surface Vehicle Recordings and Transcripts.-- (1) In general.--Section 1114 is amended-- (A) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and (B) by inserting after subsection (e) the following: ``(d) Surface Vehicle Recordings and Transcripts.-- ``(1) Confidentiality of recordings.--The Board may not disclose publicly any part of a surface vehicle voice or video recorder recording or transcript of oral communications by or among drivers, train employees, or other operating employees responsible for the movement and direction of the vehicle or vessel, or between such operating employees and company communication centers, related to an accident investigated by the Board. However, the Board shall make public any part of a transcript or any written depiction of visual information that the Board decides is relevant to the accident-- ``(A) if the Board holds a public hearing on the accident, at the time of the hearing; or ``(B) if the Board does not hold a public hearing, at the time a majority of the other factual reports on the accident are placed in the public docket. ``(2) References to information in making safety recommendations.--This subsection does not prevent the Board from referring at any time to voice or video recorder information in making safety recommendations.''. (2) Conforming amendment.--The first sentence of section 1114(a) is amended by striking ``and (e)'' and inserting ``(d), and (f)''. (c) Discovery and Use of Cockpit and Surface Vehicle Recordings and Transcripts.-- (1) In general.--Section 1154 is amended-- (A) by striking the section heading and inserting the following: ``Sec. 1154. Discovery and use of cockpit and surface vehicle recordings and transcripts''; (B) by striking ``cockpit voice recorder'' each place it appears in subsection (a) and inserting ``cockpit or surface vehicle recorder''; (C) by striking ``section 1114(c)'' each place it appears in subsection (a) and inserting ``section 1114(c) or 1114(d)''; and (D) by adding at the end the following: ``(6) In this subsection: ``(A) Recorder.--The term `recorder' means a voice or video recorder. ``(B) Transcript.--The term `transcript' includes any written depiction of visual information obtained from a video recorder.''. (2) Conforming amendment.--The chapter analysis for chapter 11 is amended by striking the item relating to section 1154 and inserting the following: ``1154. Discovery and use of cockpit and surface vehicle recordings and transcripts.''. SEC. 6. PRIORITY OF INVESTIGATIONS. (a) In General.--Section 1131(a)(2) is amended-- (1) by striking ``(2) An investigation'' and inserting: ``(2)(A) Subject to the requirements of this paragraph, an investigation''; and (2) by adding at the end the following: ``(B) If the Attorney General, in consultation with the Chairman of the Board, determines and notifies the Board that circumstances reasonably indicate that the accident may have been caused by an intentional criminal act, the Board shall relinquish investigative priority to the Federal Bureau of Investigation. The relinquishment of investigative priority by the Board shall not otherwise affect the authority of the Board to continue its investigation under this section. ``(C) If a Federal law enforcement agency suspects and notifies the Board that an accident being investigated by the Board under subparagraph (A), (B), (C), or (D) of paragraph (1) may have been caused by an intentional criminal act, the Board, in consultation with the law enforcement agency, shall take necessary actions to ensure that evidence of the criminal act is preserved.''. (b) Revision of 1977 Agreement.--Not later than 1 year after the date of the enactment of this Act, the National Transportation Safety Board and the Federal Bureau of Investigation shall revise their 1977 agreement on the investigation of accidents to take into account the amendments made by this Act. SEC. 7. PUBLIC AIRCRAFT INVESTIGATION CLARIFICATION. Section 1131(d) is amended by striking ``1134(b)(2)'' and inserting ``1134 (a), (b), (d), and (f)''. SEC. 8. MEMORANDUM OF UNDERSTANDING. Not later than 1 year after the date of the enactment of this Act, the National Transportation Safety Board and the United States Coast Guard shall revise their Memorandum of Understanding governing major marine accidents-- (1) to redefine or clarify the standards used to determine when the National Transportation Safety Board will lead an investigation; and (2) to develop new standards to determine when a major marine accident involves significant safety issues relating to Coast Guard safety functions. SEC. 9. TRAVEL BUDGETS. The Chairman of the National Transportation Safety Board shall establish annual fiscal year budgets for non-accident-related travel expenditures for Board members which shall be approved by the Board and submitted to the Senate Committee on Commerce, Science, and Transportation and to the House of Representatives Committee on Transportation and Infrastructure together with an annual report detailing the non-accident-related travel of each Board member. The report shall include separate accounting for foreign and domestic travel, including any personnel or other expenses associated with that travel. SEC. 10. CHIEF FINANCIAL OFFICER. Section 1111 is amended-- (1) by redesignating subsection (h) as subsection (i); and (2) by inserting after subsection (g) the following: ``(h) Chief Financial Officer.--The Chairman shall designate an officer or employee of the Board as the Chief Financial Officer. The Chief Financial Officer shall-- ``(1) report directly to the Chairman on financial management and budget execution; ``(2) direct, manage, and provide policy guidance and oversight on financial management and property and inventory control; and ``(3) review the fees, rents, and other charges imposed by the Board for services and things of value it provides, and suggest appropriate revisions to those charges to reflect costs incurred by the Board in providing those services and things of value.''. SEC. 11. IMPROVED AUDIT PROCEDURES. The National Transportation Safety Board, in consultation with the Inspector General of the Department of Transportation, shall develop and implement comprehensive internal audit controls for its financial programs based on the findings and recommendations of the private sector audit firm contract entered into by the Board in March, 2000. The improved internal audit controls shall, at a minimum, address Board asset management systems, including systems for accounting management, debt collection, travel, and property and inventory management and control. SEC. 12. AUTHORITY OF THE INSPECTOR GENERAL. (a) In General.--Subchapter III of chapter 11 of subtitle II is amended by adding at the end the following: ``Sec. 1137. Authority of the Inspector General ``(a) In General.--The Inspector General of the Department of Transportation, in accordance with the mission of the Inspector General to prevent and detect fraud and abuse, shall have authority to review only the financial management, property management, and business operations of the National Transportation Safety Board, including internal accounting and administrative control systems, to determine compliance with applicable Federal laws, rules, and regulations. ``(b) Duties.--In carrying out this section, the Inspector General shall-- ``(1) keep the Chairman of the Board and Congress fully and currently informed about problems relating to administration of the internal accounting and administrative control systems of the Board; ``(2) issue findings and recommendations for actions to address such problems; and ``(3) report periodically to Congress on any progress made in implementing actions to address such problems. ``(c) Access to Information.--In carrying out this section, the Inspector General may exercise authorities granted to the Inspector General under subsections (a) and (b) of section 6 of the Inspector General Act of 1978 (5 U.S.C. App.). ``(d) Reimbursement.--The Inspector General shall be reimbursed by the Board for the costs associated with carrying out activities under this section.''. (b) Conforming Amendment.--The subchapter analysis for such subchapter is amended by adding at the end the following: ``1137. Authority of the Inspector General.''. SEC. 13. AUTHORIZATION OF APPROPRIATIONS. Section 1118 is amended to read as follows: ``Sec. 1118. Authorization of appropriations ``(a) In General.--There are authorized to be appropriated for the purposes of this chapter $57,000,000 for fiscal year 2000, $65,000,000 for fiscal year 2001, and $72,000,000 for fiscal year 2002, such sums to remain available until expended. ``(b) Emergency Fund.--The Board has an emergency fund of $2,000,000 available for necessary expenses of the Board, not otherwise provided for, for accident investigations. Amounts equal to the amounts expended annually out of the fund are authorized to be appropriated to the emergency fund.''. SEC. 14. CREDITING OF LAW ENFORCEMENT FLIGHT TIME. In determining whether an individual meets the aeronautical experience requirements imposed under section 44703 of title 49, United States Code, for an airman certificate or rating, the Secretary of Transportation shall take into account any time spent by that individual operating a public aircraft as defined in section 40102 of title 49, United States Code, if that aircraft is-- (1) identifiable by category and class; and (2) used in law enforcement activities. SEC. 15. TECHNICAL CORRECTION. Section 46301(d)(2) of title 49, United States Code, is amended by striking ``46302, 46303,'' and inserting ``46301(b), 46302, 46303, 46318,''. SEC. 16. CONFIRMATION OF INTERIM FINAL RULE ISSUANCE UNDER SECTION 45301. The publication, by the Department of Transportation, Federal Aviation Administration, in the Federal Register of June 6, 2000 (65 FR 36002) of an interim final rule concerning Fees for FAA Services for Certain Flights (Docket No. FAA-00-7018) is deemed to have been issued in accordance with the requirements of section 45301(b)(2) of title 49, United States Code. SEC. 17. AERONAUTICAL CHARTING. (a) In General.--Section 44721 of title 49, United States Code, is amended-- (1) by striking paragraphs (3) and (4) of subsection (c); and (2) by adding at the end of subsection (g)(1) the following: ``(D) Continuation of prices.--The price of any product created under subsection (d) may correspond to the price of a comparable product produced by a department of the United States Government as that price was in effect on September 30, 2000, and may remain in effect until modified by regulation under section 9701 of title 31, United States Code.''; and (3) by adding at the end of subsection (g) the following: ``(5) Crediting amounts received.--Notwithstanding any other provision of law, amounts received for the sale of products created and services performed under this section shall be fully credited to the account of the Federal Aviation Administration that funded the provision of the products or services and shall remain available until expended.''. (b) Effective Date.--The amendments made by subsection (a) take effect on October 1, 2000. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.	(Sec. 4) Authorizes the Board, for an employee whose basic pay equals or exceeds the minimum rate for GS-10 of the General Schedule, to establish an overtime hourly rate of time-and-a-half (which shall be considered premium pay), up to a specified annual limit, with respect to work performed at the scene of an accident (including travel to or from the scene) and other work critical to an accident investigation. Limits the total amount of overtime pay that can be paid out in any given fiscal year. (Sec. 5) Extends to cockpit video recordings or written depictions of visual information the same disclosure limitations and requirements (including those applicable to discovery and use of such recordings or written depictions in judicial proceedings) that apply to cockpit voice recordings or transcripts of them. Extends such disclosure limitations and requirements to surface vehicle voice or video recorder recordings or transcripts of oral communications by or among drivers, train employees, or other operating employees responsible for the movement and direction of the vehicle or vessel, or between such operating employees and company communication centers, related to an accident investigated by the Board. (Sec. 6) Revises the Board's current investigative priority over other Federal agencies to require the Board to relinquish such priority to the Federal Bureau of Investigation if the Attorney General determines that circumstances reasonably indicate that the accident may have been caused by an intentional criminal act. Requires the Board to take necessary actions to ensure that evidence is preserved if a Federal law enforcement agency suspects and notifies the Board that an accident the Board is investigating may have been caused by an intentional criminal act. (Sec. 7) Revises the duties and powers of the Board with respect to accidents involving public aircraft. (Sec. 8) Requires the Board and the U.S. Coast Guard to revise their Memorandum of Understanding governing major marine accidents to: (1) to redefine or clarify the standards used to determine when the Board will lead an investigation; and (2) develop new standards to determine when a major marine accident involves significant safety issues relating to Coast Guard safety functions. (Sec. 9) Directs the Chairman of the Board to establish annual fiscal year budgets for approved non-accident-related travel expenditures for Board members, and report annually to specified congressional committees on the non-accident-related travel of each Board member, with separate accounting for foreign and domestic travel. (Sec. 10) Requires the Board Chairman to designate an officer or employee of the Board as the Chief Financial Officer, who shall perform specified duties. (Sec. 11) Directs the Board to develop and implement comprehensive internal audit controls for its financial programs based on the findings and recommendations of the private sector audit firm contract entered into by the Board in March, 2000. Requires the improved internal audit controls, at a minimum, to address Board asset management systems, including systems for accounting management, debt collection, travel, and property and inventory management and control. (Sec. 12) Grants the Inspector General of the Department of Transportation authority to review only the Board's financial management, property management, and business operations. (Sec. 13) Authorizes appropriations for the Board through FY 2002. Increases from $1 million to $2 million the Board's emergency fund for accident investigations. (Sec. 14) Requires the Secretary in determining whether a pilot meets certain aeronautical experience requirements for a pilot certificate or rating to take into account time spent by such pilot operating a public aircraft that meets certain criteria. (Sec. 16) Declares that the publication by the Federal Aviation Administration (FAA) of an interim final rule concerning Fees for FAA Services for Certain Flights (Docket No. FAA-00-7018) in the Federal Register of June 6, 2000, shall be deemed in compliance with certain publication and public comment requirements. (Sec. 17) Sets forth requirements with respect to: (1) the continuation of sale prices (in effect as of September 30, 2000) for aeronautical maps and charts produced by the Office of Aeronautical Charting and Cartography of the National Oceanic and Atmospheric Administration; and (2) the crediting of amounts received from the sale of aeronautical charts and related products and services.
SECTION 1. ESTABLISHMENT OF TOLL FREE NUMBER PILOT PROGRAM. (a) Establishment.--If the Secretary of Commerce determines, on the basis of comments submitted in rulemaking under section 2, that-- (1) interest among manufacturers is sufficient to warrant the establishment of a 3-year toll free number pilot program, and (2) manufacturers will provide fees under section 2(c) so that the program will operate without cost to the Federal Government, the Secretary shall establish such program solely to help inform consumers whether a product is made in America or the equivalent thereof. The Secretary shall publish the toll-free number by notice in the Federal Register. (b) Contract.--The Secretary of Commerce shall enter into a contract for-- (1) the establishment and operation of the toll free number pilot program provided for in subsection (a), and (2) the registration of products pursuant to regulations issued under section 2, which shall be funded entirely from fees collected under section 2(c). (c) Use.--The toll free number shall be used solely to inform consumers as to whether products are registered under section 2 as made in America or the equivalent thereof. Consumers shall also be informed that registration of a product does not mean-- (1) that the product is endorsed or approved by the Government, (2) that the Secretary has conducted any investigation to confirm that the product is a product which meets the definition of made in America or the equivalent thereof, or (3) that the product contains 100 percent United States content. SEC. 2. REGISTRATION. (a) Proposed Regulation.--The Secretary of Commerce shall propose a regulation-- (1) to establish a procedure under which the manufacturer of a product may voluntarily register such product as complying with the definition of a product made in America or the equivalent thereof and have such product included in the information available through the toll free number established under section 1(a); (2) to establish, assess, and collect a fee to cover all the costs (including start-up costs) of registering products and including registered products in information provided under the toll-free number; (3) for the establishment under section 1(a) of the toll- free number pilot program; and (4) to solicit views from the private sector concerning the level of interest of manufacturers in registering products under the terms and conditions of paragraph (1). (b) Promulgation.--If the Secretary determines based on the comments on the regulation proposed under subsection (a) that the toll- free number pilot program and the registration of products is warranted, the Secretary shall promulgate such regulations. (c) Registration Fee.-- (1) In general.--Manufacturers of products included in information provided under section 1 shall be subject to a fee imposed by the Secretary of Commerce to pay the cost of registering products and including them in information provided under subsection (a). (2) Amount.--The amount of fees imposed under paragraph (1) shall-- (A) in the case of a manufacturer, not be greater than the cost of registering the manufacturer's product and providing product information directly attributable to such manufacturer, and (B) in the case of the total amount of fees, not be greater than the total amount appropriated to the Secretary of Commerce for salaries and expenses directly attributable to registration of manufacturers and having products included in the information provided under section 1(a). (3) Crediting and availability of fees.-- (A) In general.--Fees collected for a fiscal year pursuant to paragraph (1) shall be credited to the appropriation account for salaries and expenses of the Secretary of Commerce and shall be available in accordance with appropriation Acts until expended without fiscal year limitation. (B) Collections and appropriation acts.--The fees imposed under paragraph (1)-- (i) shall be collected in each fiscal year in an amount equal to the amount specified in appropriation Acts for such fiscal year, and (ii) shall only be collected and available for the costs described in paragraph (2). SEC. 3. PENALTY. Any manufacturer of a product who knowingly registers a product under section 2 which is not made in America or the equivalent thereof-- (1) shall be subject to a civil penalty of not more than $7500 which the Secretary of Commerce may assess and collect, and (2) shall not offer such product for purchase by the Federal Government. SEC. 4. DEFINITION. For purposes of this Act: (1) The term ``made in America or the equivalent thereof'', with respect to a product, has the meaning given such term for purposes of laws administered by the Federal Trade Commission. (2) The term ``product'' means a product with a retail value of at least $250. SEC. 5. RULE OF CONSTRUCTION. Nothing in this Act or in any regulation promulgated under section 2 shall be construed to alter, amend, modify, or otherwise affect in any way, the Federal Trade Commission Act or the opinions, decisions, rules, or any guidance issued by the Federal Trade Commission regarding the use of the term ``made in America or the equivalent thereof'' in labels on products introduced, delivered for introduction, sold, advertised, or offered for sale in commerce. Passed the House of Representatives September 4, 1996. Attest: ROBIN H. CARLE, Clerk.	Directs the Secretary of Commerce, on determining sufficient manufacturer interest, to contract for the establishment of a three-year toll-free number pilot program, funded entirely by manufacturers, to inform consumers whether a product is made in America or the equivalent. Provides for voluntary product registration by manufacturers and collection from manufacturers of fees sufficient to cover registration costs. Imposes penalties for knowingly registering a product that is not American made.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Bend Pine Nursery Land Conveyance Act''. SEC. 2. DEFINITIONS. In this Act: (1) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (2) State.--The term ``State'' means the State of Oregon. SEC. 3. SALE OR EXCHANGE OF ADMINISTRATIVE SITES. (a) In General.--The Secretary may, under such terms and conditions as the Secretary may prescribe, sell or exchange any or all right, title, and interest of the United States in and to the following National Forest System land and improvements: (1) Tract A, Bend Pine Nursery, comprising approximately 210 acres, as depicted on site plan map entitled ``Bend Pine Nursery Administrative Site, May 13, 1999''. (2) Tract B, the Federal Government owned structures located at Shelter Cove Resort, Deschutes National Forest, buildings only, as depicted on site plan map entitled ``Shelter Cove Resort, November 3, 1997''. (3) Tract C, portions of isolated parcels of National Forest Land located in Township 20 south, Range 10 East section 25 and Township 20 South, Range 11 East sections 8, 9, 16, 17, 20, and 21 consisting of approximately 1,260 acres, as depicted on map entitled ``Deschutes National Forest Isolated Parcels, January 1, 2000''. (4) Tract D, Alsea Administrative Site, consisting of approximately 24 acres, as depicted on site plan map entitled ``Alsea Administrative Site, May 14, 1999''. (5) Tract F, Springdale Administrative Site, consisting of approximately 3.6 acres, as depicted on site plan map entitled ``Site Development Plan, Columbia Gorge Ranger Station, April 22, 1964''. (6) Tract G, Dale Administrative Site, consisting of approximately 37 acres, as depicted on site plan map entitled ``Dale Compound, February 1999''. (7) Tract H, Crescent Butte Site, consisting of approximately .8 acres, as depicted on site plan map entitled ``Crescent Butte Communication Site, January 1, 2000''. (b) Consideration.--Consideration for a sale or exchange of land under subsection (a) may include the acquisition of land, existing improvements, or improvements constructed to the specifications of the Secretary. (c) Applicable Law.--Except as otherwise provided in this Act, any sale or exchange of National Forest System land under subsection (a) shall be subject to the laws (including regulations) applicable to the conveyance and acquisition of land for the National Forest System. (d) Cash Equalization.--Notwithstanding any other provision of law, the Secretary may accept a cash equalization payment in excess of 25 percent of the value of land exchanged under subsection (a). (e) Solicitations of Offers.-- (1) In general.--Subject to paragraph (3), the Secretary may solicit offers for sale or exchange of land under this section on such terms and conditions as the Secretary may prescribe. (2) Rejection of offers.--The Secretary may reject any offer made under this section if the Secretary determines that the offer is not adequate or not in the public interest. (3) Right of first refusal.--The Bend Metro Park and Recreation District in Deschutes County, Oregon, shall be given the right of first refusal to purchase the Bend Pine Nursery described in subsection (a)(1). (f) Revocations.-- (1) In general.--Any public land order withdrawing land described in subsection (a) from all forms of appropriation under the public land laws is revoked with respect to any portion of the land conveyed by the Secretary under this section. (2) Effective date.--The effective date of any revocation under paragraph (1) shall be the date of the patent or deed conveying the land. SEC. 4. DISPOSITION OF FUNDS. (a) Deposit of Proceeds.--The Secretary shall deposit the proceeds of a sale or exchange under section 3(a) in the fund established under Public Law 90-171 (16 U.S.C. 484a) (commonly known as the ``Sisk Act''). (b) Use of Proceeds.--Funds deposited under subsection (a) shall be available to the Secretary, without further Act of appropriation, for-- (1) the acquisition, construction, or improvement of administrative and visitor facilities and associated land in connection with the Deschutes National Forest; (2) the construction of a bunkhouse facility in the Umatilla National Forest; and (3) to the extent the funds are not necessary to carry out paragraphs (1) and (2), the acquisition of land and interests in land in the State. (c) Administration.--Subject to valid existing rights, the Secretary shall manage any land acquired by purchase or exchange under this Act in accordance with the Act of March 1, 1911 (16 U.S.C. 480 et seq.) (commonly known as the ``Weeks Act'') and other laws (including regulations) pertaining to the National Forest System. SEC. 5. CONSTRUCTION OF NEW ADMINISTRATIVE FACILITIES. The Secretary may acquire, construct, or improve administrative facilities and associated land in connection with the Deschutes National Forest System by using-- (1) funds made available under section 4(b); and (2) to the extent the funds are insufficient to carry out the acquisition, construction, or improvement, funds subsequently made available for the acquisition, construction, or improvement. SEC. 6. AUTHORIZATION OF APPROPRIATION. There are authorized to be appropriated such sums as are necessary to carry out this Act. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.	States that consideration may include land or improvements, and permits a cash equalization payment exceeding 25 percent of the exchanged land. Grants right of first refusal to purchase the Bend Pine Nursery to the Bend Metro Park and Recreation District in Deschutes County, Oregon. (Sec. 4) Requires proceeds to be deposited in the fund established under the Sisk Act. Makes the proceeds from any such sale available to the Secretary without further appropriations Act for: (1) acquisition, construction, or improvement of visitor and administrative facilities and land in connection with the Deschutes National Forest; (2) construction of a bunkhouse facility in the Umatilla National Forest; and (3) acquisition of land and land interests in Oregon. (Sec. 5) Authorizes the Secretary to use such proceeds or other funds subsequently made available to acquire, construct, or improve administrative facilities and related land in connection with the Deschutes National Forest System. (Sec. 6) Authorizes appropriations.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security Surplus Preservation and Debt Reduction Act''. SEC. 2. FINDINGS. Congress finds that-- (1) the $69,246,000,000 unified budget surplus achieved in fiscal year 1998 was entirely due to surpluses generated by the social security trust funds and the cumulative unified budget surpluses projected for subsequent fiscal years are primarily due to surpluses generated by the social security trust funds; (2) Congress and the President should balance the budget excluding the surpluses generated by the social security trust funds; (3) according to the Congressional Budget Office, balancing the budget excluding the surpluses generated by the social security trust funds will reduce the debt held by the public by a total of $1,723,000,000,000 by the end of fiscal year 2009; and (4) social security surpluses should be used to enhance retirement security or to reduce the debt held by the public and should not be spent on other programs. SEC. 3. PROTECTION OF THE SOCIAL SECURITY TRUST FUNDS. (a) Protection by Congress.-- (1) Reaffirmation of support.--Congress reaffirms its support for the provisions of section 13301 of the Budget Enforcement Act of 1990 that provides that the receipts and disbursements of the social security trust funds shall not be counted for the purposes of the budget submitted by the President, the congressional budget, or the Balanced Budget and Emergency Deficit Control Act of 1985. (2) Protection of social security benefits.--If there are sufficient balances in the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund, the Secretary of Treasury shall give priority to the payment of social security benefits required to be paid by law. (b) Points of Order.--Section 301 of the Congressional Budget Act of 1974 is amended by adding at the end the following: ``(j) Social Security Point of Order.--It shall not be in order in the House of Representatives or the Senate to consider a concurrent resolution on the budget, an amendment thereto, or a conference report thereon that violates section 13301 of the Budget Enforcement Act of 1990. ``(k) Debt Held by the Public Point of Order.--It shall not be in order in the House of Representatives or the Senate to consider any bill, joint resolution, amendment, motion, or conference report that would-- ``(1) increase the limit on the debt held by the public in section 253A(a) of the Balanced Budget and Emergency Deficit Control Act of 1985; or ``(2) provide additional borrowing authority that would result in the limit on the debt held by the public in section 253A(a) of the Balanced Budget and Emergency Deficit Control Act of 1985 being exceeded. ``(l) Social Security Surplus Protection Point of Order.-- ``(1) In general.--It shall not be in order in the House of Representatives or the Senate to consider a concurrent resolution on the budget, an amendment thereto, or a conference report thereon that sets forth a deficit in any fiscal year. ``(2) Exception.--Paragraph (1) shall not apply if-- ``(A) the limit on the debt held by the public in section 253A(a) of the Balanced Budget and Emergency Deficit Control Act of 1985 is suspended; or ``(B) the deficit for a fiscal year results solely from the enactment of-- ``(i) retirement security reform legislation, as defined in section 253A(e)(2) of the Balanced Budget and Emergency Deficit Control Act of 1985; or ``(ii) provisions of legislation that are designated as an emergency requirement pursuant to section 251(b)(2)(A) or 252(e) of the Balanced Budget and Emergency Deficit Control Act of 1985.''. SEC. 4. DEDICATION OF SOCIAL SECURITY SURPLUSES TO REDUCTION IN THE DEBT HELD BY THE PUBLIC. (a) Amendments to the Congressional Budget Act of 1974.--The Congressional Budget Act of 1974 is amended-- (1) in section 3, by adding at the end the following: ``(11)(A) The term `debt held by the public' means the outstanding face amount of all debt obligations issued by the United States Government that are held by outside investors, including individuals, corporations, State or local governments, foreign governments, and the Federal Reserve System. ``(B) For the purpose of this paragraph, the term `face amount', for any month, of any debt obligation issued on a discount basis that is not redeemable before maturity at the option of the holder of the obligation is an amount equal to the sum of-- ``(i) the original issue price of the obligation; plus ``(ii) the portion of the discount on the obligation attributable to periods before the beginning of such month. ``(12) The term `social security surplus' means the amount for a fiscal year that receipts exceed outlays of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund.''; (2) in section 301(a) by-- (A) redesignating paragraphs (6) and (7) as paragraphs (7) and (8), respectfully; and (B) inserting after paragraph (5) the following: ``(6) the debt held by the public; and''; and (3) in section 310(a) by-- (A) striking ``or'' at the end of paragraph (3); (B) by redesignating paragraph (4) as paragraph (5); and (C) inserting the following new paragraph; ``(4) specify the amounts by which the statutory limit on the debt held by the public is to be changed and direct the committee having jurisdiction to recommend such change; or''. (b) Amendments to the Balanced Budget and Emergency Deficit Control Act of 1985.--The Balanced Budget and Emergency Deficit Control Act of 1985 is amended-- (1) in section 250, by striking subsection (b) and inserting the following: ``(b) General Statement of Purpose.--This part provides for the enforcement of-- ``(1) a balanced budget excluding the receipts and disbursements of the social security trust funds; and ``(2) a limit on the debt held by the public to ensure that social security surpluses are used for retirement security reform or to reduce debt held by the public and are not spent on other programs.''; (2) in section 250(c)(1), by inserting ``` debt held by the public', `social security surplus''' after ``outlays',''; and (3) by inserting after section 253 the following: ``SEC. 253A. DEBT HELD BY THE PUBLIC LIMIT. ``(a) Limit.--The debt held by the public shall not exceed-- ``(1) for the period beginning May 1, 2000 through April 30, 2001, $3,628,000,000,000; ``(2) for the period beginning May 1, 2001 through April 30, 2002, $3,512,000,000,000; ``(3) for the period beginning May 1, 2002 through April 30, 2004, $3,383,000,000,000; ``(4) for the period beginning May 1, 2004 through April 30, 2006, $3,100,000,000,000; ``(5) for the period beginning May 1, 2006 through April 30, 2008, $2,775,000,000,000; and, ``(6) for the period beginning May 1, 2008 through April 30, 2010, $2,404,000,000,000. ``(b) Adjustments for Actual Social Security Surplus Levels.-- ``(1) Estimated levels.--The estimated level of social security surpluses for the purposes of this section is-- ``(A) for fiscal year 1999, $127,000,000,000; ``(B) for fiscal year 2000, $137,000,000,000; ``(C) for fiscal year 2001, $145,000,000,000; ``(D) for fiscal year 2002, $153,000,000,000; ``(E) for fiscal year 2003, $162,000,000,000; ``(F) for fiscal year 2004, $171,000,000,000; ``(G) for fiscal year 2005, $184,000,000,000; ``(H) for fiscal year 2006, $193,000,000,000; ``(I) for fiscal year 2007, $204,000,000,000; ``(J) for fiscal year 2008, $212,000,000,000; and ``(K) for fiscal year 2009, $218,000,000,000. ``(2) Adjustment to the limit for actual social security surpluses.--After October 1 and no later than December 31 of each year, the Secretary shall make the following calculations and adjustments: ``(A) Calculation.--After the Secretary determines the actual level for the social security surplus for the current year, the Secretary shall take the estimated level of the social security surplus for that year specified in paragraph (1) and subtract that actual level. ``(B) Adjustment.-- ``(i) 2000 through 2004.--With respect to the periods described in subsections (a)(1), (a)(2), and (a)(3), the Secretary shall add the amount calculated under subparagraph (A) to-- ``(I) the limit set forth in subsection (a) for the period of years that begins on May 1st of the following calendar year; and ``(II) each subsequent limit. ``(ii) 2004 through 2010.--With respect to the periods described in subsections (a)(4), (a)(5), and (a)(6), the Secretary shall add the amount calculated under subparagraph (A) to-- ``(I) the limit set forth in subsection (a) for the period of years that includes May 1st of the following calendar year; and ``(II) each subsequent limit. ``(c) Adjustment to the Limit for Emergencies.-- ``(1) Estimate of legislation.-- ``(A) Calculation.--If legislation is enacted into law that contains a provision that is designated as an emergency requirement pursuant to section 251(b)(2)(A) or 252(e), OMB shall estimate the amount the debt held by the public will change as a result of the provision's effect on the level of total outlays and receipts excluding the impact on outlays and receipts of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund. ``(B) Baseline levels.--OMB shall calculate the changes in subparagraph (A) relative to baseline levels for each fiscal year through fiscal year 2010 using current estimates. ``(C) Estimate.--OMB shall include the estimate required by this paragraph in the report required under section 251(a)(7) or section 252(d), as the case may be. ``(2) Adjustment.--After January 1 and no later than May 1 of each calendar year beginning with calendar year 2000-- ``(A) with respect to the periods described in subsections (a)(1), (a)(2), and (a)(3), the Secretary shall add the amounts calculated under paragraph (1)(A) for the current year included in the report referenced in paragraph (1)(C) to-- ``(i) the limit set forth in subsection (a) for the period of years that begins on May 1 of that calendar year; and ``(ii) each subsequent limit; and ``(B) with respect to the periods described in subsections (a)(4), (a)(5), and (a)(6), the Secretary shall add the amounts calculated under paragraph (1)(A) for the current year included in the report referenced in paragraph (1)(C) to-- ``(i) the limit set forth in subsection (a) for the period of years that includes May 1 of that calendar year; and ``(ii) each subsequent limit. ``(3) Exception.--The Secretary shall not make the adjustments pursuant to this section if the adjustments for the current year are less than the on-budget surplus for the year before the current year. ``(d) Adjustment to the Limit for Low Economic Growth and War.-- ``(1) Suspension of statutory limit on debt held by the public.-- ``(A) Low economic growth.--If the most recent of the Department of Commerce's advance, preliminary, or final reports of actual real economic growth indicate that the rate of real economic growth for each of the most recently reported quarter and the immediately preceding quarter is less than 1 percent, the limit on the debt held by the public established in this section is suspended. ``(B) War.--If a declaration of war is in effect, the limit on the debt held by the public established in this section is suspended. ``(2) Restoration of statutory limit on debt held by the public.-- ``(A) Restoration of limit.--The statutory limit on debt held by the public shall be restored on May 1 following the quarter in which the level of real Gross Domestic Product in the final report from the Department of Commerce is equal to or is higher than the level of real Gross Domestic Product in the quarter preceding the first two quarters that caused the suspension of the pursuant to paragraph (1). ``(B) Adjustment.-- ``(i) Calculation.--The Secretary shall take level of the debt held by the public on October 1 of the year preceding the date referenced in subparagraph (A) and subtract the limit in subsection (a) for the period of years that includes the date referenced in subparagraph (A). ``(ii) Adjustment.--The Secretary shall add the amount calculated under clause (i) to-- ``(I) the limit in subsection (a) for the period of fiscal years that includes the date referenced in subparagraph (A); and ``(II) each subsequent limit. ``(e) Adjustment to the Limit for Retirement Security Reform Provisions that Affect On-Budget Levels.-- ``(1) Estimate of legislation.-- ``(A) Calculation.--If retirement security reform legislation is enacted, OMB shall estimate the amount the debt held by the public will change as a result of the legislation's effect on the level of total outlays and receipts excluding the impact on outlays and receipts of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund. ``(B) Baseline levels.--OMB shall calculate the changes in subparagraph (A) relative to baseline levels for each fiscal year through fiscal year 2010 using current estimates. ``(C) Estimate.--OMB shall include the estimate required by this paragraph in the report required under section 252(d) for retirement security reform legislation. ``(2) Adjustment to limit on the debt held by the public.-- If retirement security reform legislation is enacted, the Secretary shall adjust the limit on the debt held by the public for each period of fiscal years by the amounts determined under paragraph (1)(A) for the relevant fiscal years included in the report referenced in paragraph (1)(C). ``(e) Definitions.--In this section: ``(1) Secretary.--The term `Secretary' means the Secretary of the Treasury. ``(2) Retirement security reform legislation.--The term `retirement security reform legislation' means a bill or joint resolution that is enacted into law and includes a provision stating the following: ```( ) Retirement security reform legislation.--For the purposes of the Social Security Surplus Preservation and Debt Reduction Act, this Act constitutes retirement security reform legislation.' This paragraph shall apply only to the first bill or joint resolution enacted into law as described in this paragraph. ``(3) Retirement security reform provisions.--The term `retirement security reform provisions' means a provision or provisions identified in retirement security reform legislation stating the following: ```( ) Retirement security reform provisions.--For the purposes of the Social Security Surplus Preservation and Debt Reduction Act, ________ of this Act constitutes or constitute social security reform provisions.', with a list of specific provisions in that bill or joint resolution specified in the blank space.''. SEC. 5. PRESIDENT'S BUDGET. Section 1105(f) of title 31, United States Code, is amended by striking ``in a manner consistent'' and inserting ``in compliance''. SEC. 6. SUNSET. This Act and the amendments made by it shall expire on April 30, 2010.	Social Security Surplus Preservation and Debt Reduction Act - Amends the Congressional Budget Act of 1974 to make it out of order in the House of Representatives or the Senate to consider a concurrent budget resolution (or amendment thereto or conference report thereon) that violates a provision of the Budget Enforcement Act of 1990 that provides that the receipts and disbursements of the Federal Old-Age and Survivors and Disability Insurance Trust Funds (social security trust funds) shall not be counted for purposes of the presidential or congressional budget or the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). Makes it out of order in the House or the Senate to consider any legislation that would: (1) increase the limit on the public debt under the Gramm-Rudman-Hollings Act; or (2) provide additional borrowing authority that would result in such limit being exceeded. Makes it out of order in the House or the Senate to consider a concurrent budget resolution (or amendment thereto or conference report thereon) that sets forth a deficit for any fiscal year. Makes such point of order inapplicable if: (1) the public debt limit is suspended; or (2) the deficit for a fiscal year results solely from the enactment of retirement security reform legislation or provisions designated as emergency requirements. Includes the level of public debt in the required content of the concurrent budget resolution. Requires the budget resolution to specify the amounts by which the limit on such debt is to be changed and direct the committee having jurisdiction to recommend such change. Amends the Gramm-Rudman-Hollings Act to set forth: (1) limits on the public debt for specified periods through April 30, 2010; and (2) estimated levels of social security surpluses through FY 2009. Provides for adjustments to the public debt limit based on actual social security surpluses and emergency requirements. Prohibits such adjustments if those for the current year are less than the on-budget surplus for the year before the current year. Suspends the public debt limit in cases of low economic growth or war. Provides for an adjustment to the public debt limit if retirement security reform legislation is enacted. Sunsets this Act on April 30, 2010.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Justice for Victims of Corporate Fraud Act''. SEC. 2. SECURITIES AND EXCHANGE COMMISSION AUTHORITY TO PROVIDE RELIEF. (a) Proceeds of S.E.C. Enforcement Actions.--If in any administrative or judicial proceeding brought by the Securities and Exchange Commission against-- (1) a corporation, or any officer, director, or principal shareholder of such corporation, for any violation of the securities laws; or (2) the accounting firm performing audit services for such corporation, any subsidiary or affiliate of such firm, or any general or limited partner of such firm, subsidiary, or affiliate, for any violation of the securities laws with respect to any audit services performed for or in relation to the corporation described in paragraph (1); the Commission obtains an order providing for an accounting and disgorgement of funds, such disgorgement fund (including any addition to such fund required or permitted under this section) shall be allocated in accordance with the requirements of this section. (b) Priority for Former Employees of Corporation.--The Commission shall, by rule, establish an allocation system for the disgorgement fund. Such system shall provide that, in allocating the disgorgement fund amount to the victims of the securities laws violations, the first priority shall be given to individuals who were employed by the corporation described in subsection (a)(1) or a subsidiary or affiliate of such corporation, and who were participants in an individual account plan established by such corporation, subsidiary, or affiliate. Such allocations among such individuals shall be in proportion to the extent to which the nonforfeitable accrued benefit of each such individual under the plan was invested in the securities of such corporation, subsidiary, or affiliate. (c) Addition of Civil Penalties.--Any civil penalty assessed and collected in any proceeding described in subsection (a) shall be added to and become part of the disgorgement fund pursuant to section 308 of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7246), and shall be allocated pursuant to subsection (b) of this section. (d) Acceptance of Federal Campaign Contributions.-- (1) In general.--Section 313 of the Federal Election Campaign Act of 1971 (2 U.S.C. 439a) is amended by inserting before ``or may be used'' the following: ``may be transferred to any disgorgement fund which is required to be allocated in accordance with the requirements of the ``Justice for Victims of Corporate Fraud Act''. (2) Effective date.--The amendment made by paragraph (1) shall apply with respect to any amounts received by a candidate at any time before, on, or after the date of the enactment of this Act. (e) Acceptance of Additional Donations.--The Commission is authorized to accept, hold, administer, and utilize gifts, bequests, and devises of property, both real and personal, to the United States for the disgorgement fund. Gifts, bequests, and devises of money and proceeds from sales of other property received as gifts, bequests, or devises shall be deposited in the disgorgement fund and shall be available for allocation in accordance with subsection (b). (f) Definitions.--As used in this section: (1) Commission.--The term ``Commission'' means the Securities Exchange Commission. (2) Securities laws.--The term ``securities laws'' means the Securities Act of 1933 (15 U.S.C. 78a et seq.), the Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.), the Trust Indenture Act of 1939 (15 U.S.C. 77aaa et seq.), the Investment Company Act of 1940 (15 U.S.C. 80a-1 et seq.), the Investment Advisers Act of 1940 (15 U.S.C. 80b et seq.), the Securities Investor Protection Act of 1970 (15 U.S.C. 78aaa et seq.), and the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7201 et seq.). (3) Disgorgement fund.--The term ``disgorgement fund'' means a disgorgement fund established in any administrative or judicial proceeding described in subsection (a). (4) Subsidiary or affiliate.--The term ``subsidiary or affiliate'' when used in relation to a person means any entity that controls, is controlled by, or is under common control with such person. (5) Officer, director, or principal shareholder.--The term ``officer, director, or principal shareholder'' means any person that is subject to the requirements of section 16 of the Securities Exchange Act of 1934 (15 U.S.C. 78p) in relation to the corporation described in section 2(a), or any subsidiary or affiliate of such corporation. (6) Nonforfeitable; accrued benefit; individual account plan.--The terms ``nonforfeitable'', ``accrued benefit'', and ``individual account plan'' have the meanings provided such terms, respectively, in paragraphs (19), (23), and (34) of section 3 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(19), (23), (34)).	Justice for Victims of Corporate Fraud Act - Directs the Securities Exchange Commission to establish an allocation system for any disgorgement fund that has been established pursuant to an order for an accounting and disgorgement of funds, and which is designated for victims of securities laws violations committed by either a corporation or its auditing firm.Grants first priority to former employees of the corporation who participated in an individual account plan established by such corporation.Declares that civil penalties collected in the SEC enforcement proceeding shall be added to the disgorgement fund. Amends the Federal Election Campaign Act of 1971 to permit transfer of certain Federal campaign contributions into the disgorgement fund as well.
SECTION 1. QUALIFIED STOCK DISTRIBUTIONS TO EMPLOYEES. (a) In General.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 139A the following new section: ``SEC. 139B. QUALIFIED STOCK DISTRIBUTIONS TO EMPLOYEES. ``(a) In General.--Gross income shall not include-- ``(1) so many shares of any stock received by an individual in a qualified employee stock distribution of such individual's employer as does not exceed the maximum stock amount, ``(2) any gain on stock excluded from gross income under paragraph (1) if such stock is held by such individual for not less than 10 years, and ``(3) in the case of any qualified disposition of stock which is described in paragraph (2) (and which meets the holding requirement of such paragraph), any gain on so much stock acquired during the 60-day period beginning on the date of such disposition as does not exceed the fair market value of the stock so disposed (determined as of the time of disposition). ``(b) Definitions and Special Rules.--For purposes of this section-- ``(1) Qualified employee stock distribution.--The term `qualified employee stock distribution' means a distribution by an employer of stock of such employer to all employees (determined as of the date of the distribution) of such employer as compensation for services. ``(2) Maximum stock amount.--The term `maximum stock amount' means, with respect to any distribution, the lowest number of shares of stock of the employer received by any employee of the employer in such distribution. ``(3) Qualified disposition.-- ``(A) In general.--The term `qualified disposition' means, with respect to the disposition of any stock described in paragraph (2) during any calendar year, the disposition of a number of shares of such stock not in excess of the excess of-- ``(i) the applicable percentage of the aggregate number of shares of such stock received during the calendar year that such stock was received, over ``(ii) the aggregate number of shares of such stock taken into account under this subparagraph for all prior calendar years. ``(B) Applicable percentage.--For purposes of clause (i), the applicable percentage is, with respect to any calendar year following the calendar year in which such stock was received, the percentage determined in accordance with the following table: The applicable ``In the case of: percentage is: The first through tenth such calendar years.. 0 percent The eleventh such calendar year.............. 10 percent The twelfth such calendar year............... 20 percent The thirteenth such calendar year............ 30 percent The fourteenth such calendar year............ 40 percent The fifteenth such calendar year............. 50 percent The sixteenth such calendar year............. 60 percent The seventeenth such calendar year........... 70 percent The eighteenth such calendar year............ 80 percent The nineteenth such calendar year............ 90 percent Any subsequent calendar year................. 100 percent. ``(c) Employment Taxes.--Amounts excluded from gross income under subsection (a)(1) shall not be taken into account as wages for purposes of chapters 21, 22, 23, 23A, and 24. ``(d) Recapture if Stock Disposed During Required Holding Period.-- If an amount is excluded from gross income under subsection (a)(1) with respect to any stock and the individual disposes of such stock at any time during the 5-year period beginning on the date that such individual received such stock-- ``(1) the gross income of such individual for the taxable year which includes the date of such disposition shall be increased by the amount so excluded, and ``(2) the tax imposed by this chapter for such taxable year shall be increased by the sum of the amounts of tax which would have been imposed under subchapters A and B of chapters 21 and 22 if subsection (c) had not applied with respect to such amount. For purposes of this title and the Social Security Act, any increase in tax under paragraph (2) shall be treated as imposed under the provision of chapter 21 or 22 with respect to which such increase relates. ``(e) Regulations.--The Secretary shall issue such regulations as may be necessary or appropriate to carry out this section, including regulations which provide for the application of this section to stock options.''. (b) Clerical Amendment.--The table of section for such part is amended by inserting after the item relating to section 139A the following new item: ``Sec. 139B. Qualified stock distributions to employees.''. (c) Effective Date.--The amendments made by this section shall apply to stock received by employees after the date of the enactment of this Act.	Amends the Internal Revenue Code to exclude from the gross income of an employee: (1) shares of stock received from an employer in a qualified employee stock distribution not exceeding the lowest number of shares received by any employee in such distribution; (2) any gain on such stock if held by such employee for not less than 10 years, and (3) in the case of any qualified disposition of stock that meets such holding requirement, any gain on so much stock acquired during the 60-day period beginning on the date of such disposition as does not exceed the fair market value of the stock so disposed. .
SECTION 1. SHORT TITLE. This Act may be cited as the ``Native American Indian Education Act''. SEC. 2. PURPOSE. It is the purpose of this Act to ensure that Federal funding is provided to support and sustain the longstanding Federal mandate requiring colleges and States to waive, in certain circumstances, tuition charges for Native American Indian students they admit to an undergraduate college program, including the waiver of tuition charges for Indian students who are not residents of the State in which the college is located. SEC. 3. FINDINGS. Congress finds the following: (1) Native American-serving nontribal college institutions have a valuable supplemental role to that provided by tribally controlled community colleges in making available educational opportunities to Native American Indian students. (2) Some four-year Native American-serving nontribal college institutions provide tuition-free education, with the support of the State in which they are located, as mandated by Federal statute, to hundreds of Native American Indian students in fulfillment of a condition under which the United States provided land and facilities for such colleges to a State or college. (3) The value of the Native student tuition waiver benefits contributed by these colleges and the States which support them today far exceeds the value of the original grant of land and facilities. (4) The ongoing financial burden of meeting this Federal mandate to provide tuition-free education to Indian students is no longer equitably shared among the States and colleges because it does not distinguish between Indian students who are residents of the State or of another State. (5) Native student tuition waiver benefits are now at risk of being terminated by severe budget constraints being experienced by these colleges and the States which support them. SEC. 4. STATE RELIEF FROM FEDERAL MANDATE. (a) Amount of Payment.-- (1) In general.--Subject to paragraphs (2) and (3), for fiscal year 2016 and each succeeding fiscal year, the Secretary of Education shall pay to any eligible college an amount equal to the charges for tuition for all Indian students who are not residents of the State in which the college is located and who are enrolled in the college for the academic year ending before the beginning of such fiscal year. (2) Eligible colleges.--For purposes of this section, an eligible college is any four-year Native American-serving nontribal institution of higher education which provides tuition-free education as mandated by Federal statute, with the support of the State in which it is located, to Native American Indian students in fulfillment of a condition under which the college or State received its original grant of land and facilities from the United States. (3) Limitation.--The amount paid to any college for each fiscal year under paragraph (1) may not exceed the lower of the following amounts: (A) The amount equal to the charges for tuition for all Indian students of that college who were not residents of the State in which the college is located and who were enrolled in the college for academic year 2014-2015. (B) $15,000,000. (b) Treatment of Payment.--Any amounts received by a college under this section shall be treated as a reimbursement from the State in which the college is located, and shall be considered as provided in fulfillment of any Federal mandate upon the State to admit Indian students free of charge of tuition. (c) Rule of Construction.--Nothing in this Act shall be construed to relieve any State from any mandate it may have under Federal law to reimburse a college for each academic year-- (1) with respect to Indian students enrolled in the college who are not residents of the State in which the college is located, any amount of charges for tuition for such students that exceeds the amount received under this section for such academic year; and (2) with respect to Indian students enrolled in the college who are residents of the State in which the college is located, an amount equal to the charges for tuition for such students for such academic year. (d) Definitions.--In this section, the term ``Indian students'' includes reference to the term ``Indian pupils'' as that term has been utilized in Federal statutes imposing a mandate upon any college or State to provide tuition-free education to Native American Indian students in fulfillment of a condition under which it received its original grant of land and facilities from the United States. (e) Funding.--There are authorized to be appropriated such sums as may be necessary to carry out this section. SEC. 5. OFFSET. (a) In General.--Notwithstanding any other provision of law, of all available unobligated funds, $15,000,000 in appropriated discretionary funds are hereby rescinded. (b) Implementation.--The Director of the Office of Management and Budget shall determine and identify from which appropriation accounts the rescission under subsection (a) shall apply and the amount of such rescission that shall apply to each such account. Not later than 60 days after the date of the enactment of this Act, the Director of the Office of Management and Budget shall submit a report to the Secretary of the Treasury and Congress of the accounts and amounts determined and identified for rescission under the preceding sentence. (c) Exception.--This section shall not apply to the unobligated funds of-- (1) the Department of the Interior for the postsecondary education of Native American Indian students; (2) the Department of Defense; (3) the Department of Veterans Affairs; or (4) the Department of Education.	Native American Indian Education Act Directs the Department of Education to pay four-year Native American-serving nontribal institutions of higher education the out-of-state tuition of their Indian students if those schools are required to provide a tuition-free education, with the support of their state, to Indian students in fulfillment of a condition under which the college or state received its original grant of land and facilities from the federal government. Prohibits the amount paid to any such college from exceeding the lower of the following amounts: (1) the charges for tuition for the Indian students of that college who were non-residents of the state in which the college is located and who were enrolled in the college for academic year 2014-2015, or (2) $15 million. Treats such payments as reimbursements to such institutions from their states. Rescinds unobligated discretionary appropriations to offset the costs of this program.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Ballistic Imaging Evaluation and Study Act of 2001''. SEC. 2. PURPOSES. The purposes of this Act are the following: (1) To conduct a comprehensive study of ballistic imaging technology and evaluate design parameters for packing and shipping of fired cartridge cases and projectiles. (2) To determine the effectiveness of the National Integrated Ballistic Information Network (NIBIN) as a tool in investigating crimes committed with handguns and rifles. (3) To establish the cost and overall effectiveness of State-mandated ballistic imaging systems and the sharing and retention of the data collected by the systems. SEC. 3. STUDY. (a) In General.--Not later than 12 months after the date of the enactment of this Act, the Attorney General shall enter into an arrangement with the National Research Council of the National Academy of Sciences, which shall have sole responsibility for conducting under the arrangement a study to determine the following: (1) The design parameters for an effective and uniform system for packing fired cartridge cases and projectiles, and for collecting information that will accompany a fired cartridge case and projectile and be entered into a ballistic imaging system. (2) The most effective method for projectile recovery that can be used to collect fired projectiles for entry into a ballistic imaging system and the cost of such recovery equipment. (3) Which countries are employing ballistic imaging systems and the results of the systems as a tool in investigating crimes committed with handguns and rifles. (4) The comprehensive cost, to date, for Federal, State, and local jurisdictions that have implemented a ballistic imaging system to include startup, operating costs, and outlays for personnel and administration. (5) The estimated yearly cost for administering a ballistic imaging system, the storage of cartridge cases and projectiles on a nationwide basis, and the costs to industry and consumers of doing so. (6) How many revolvers, manually operated handguns, semiautomatic handguns, manually operated rifles, and semiautomatic rifles are sold in the United States each year, the percentage of crimes committed with revolvers, other manually operated handguns, and manually operated rifles as compared with semiautomatic handguns and semiautomatic rifles, and the percentage of each currently on record in the NIBIN system. (7) Whether in countries where ballistic identification has been implemented, a shift has occurred in the number of semiautomatic handguns and semiautomatic rifles, compared with revolvers, other manually operated handguns, and manually operated rifles that are used to commit a crime. (8) A comprehensive list of environmental and nonenvironmental factors, including modifications to a firearm, that can substantially alter or change the identifying marks on a cartridge case and projectile so as to preclude a scientifically reliable comparison between specimens and the stored image from the same firearm being admissible as evidence in a court of law. (9) The technical improvements in database management that will be necessary to keep pace with system growth and the estimated cost of the improvements. (10) What redundant or duplicate systems exist, or have existed, the ability of the various systems to share information, and the cost and time it will take to integrate operating systems. (11) Legal issues that need to be addressed at the Federal and State levels to codify the type of information that would be captured and stored as part of a national ballistic identification program and the sharing of the information between State systems and NIBIN. (12) What storage and retrieval procedures guarantee the integrity of cartridge cases and projectiles for indefinite periods of time and insure proper chain of custody and admissibility of ballistic evidence or images in a court of law. (13) The time, cost, and resources necessary to enter images of fired cartridge cases and fired projectiles into a ballistic imaging identification system of all new handguns and rifles sold in the United States and those possessed lawfully by firearms owners. (14) Whether an effective procedure is available to collect fired cartridge cases and projectiles from privately owned handguns and rifles. (15) Whether the cost of ballistic imaging technology is worth the investigative benefit to law enforcement officers. (16) Whether State-based ballistic imaging systems, or a combination of State and Federal ballistic imaging systems that record and store cartridge cases and projectiles can be used to create a centralized list of firearms owners. (17) The cost-effectiveness of using a Federal, NIBIN-based approach to using ballistic imaging technology as opposed to State-based initiatives. SEC. 4. CONSULTATION. In carrying out this Act, the National Research Council of the National Academy of Sciences shall consult with-- (1) Federal, State, and local officials with expertise in budgeting, administering, and using a ballistic imaging system, including the Bureau of Alcohol, Tobacco and Firearms, the Federal Bureau of Investigation, and the Bureau of Forensic Services at the California Department of Justice; (2) law enforcement officials who use ballistic imaging systems; (3) entities affected by the actual and proposed uses of ballistic imaging technology, including manufacturers, distributors, importers, and retailers of firearms and ammunition, firearms purchasers and owners and their organized representatives, the Sporting Arms and Ammunition Manufacturers' Institute, Inc., and the National Shooting Sports Foundation, Inc.; (4) experts in ballistics imaging and related fields, such as the Association of Firearm and Tool Mark Examiners, projectile recovery system manufacturers, and ballistic imaging device manufacturers; (5) foreign officials administering ballistic imaging systems and foreign experts; and (6) individuals or organizations with significant expertise in the field of ballistic imaging technology, as the Attorney General deems necessary. SEC. 5. REPORT. Not later than 30 days after the National Research Council of the National Academy of Sciences completes the study conducted under section 3, the National Research Council shall submit to the Attorney General a report on the results of the study, and the Attorney General shall submit to the Congress a report, which shall be made public, that contains-- (1) the results of the study; and (2) recommendations for legislation, if applicable. SEC. 6. SUSPENSION OF USE OF FEDERAL FUNDS FOR BALLISTIC IMAGING TECHNOLOGY. (a) In General.--Notwithstanding any other provision of law, a State shall not use Federal funds for ballistic imaging technology until the report referred to in section 5 is completed and transmitted to the Congress. (b) Waiver Authority.--On request of a State, the Secretary of the Treasury may waive the application of subsection (a) to a use of Federal funds upon a showing that the use would be in the national interest. SEC. 7. DEFINITIONS. In this Act: (1) The term ``ballistic imaging technology'' means software and hardware that records electronically, stores, retrieves, and compares the marks or impressions on the cartridge case and projectile of a round of ammunition fired from a handgun or rifle. (2) The term ``handgun'' has the meaning given the term in section 921(a)(29) of title 18, United States Code. (3) The term ``rifle'' has the meaning given the term in section 921(a)(7) of title 18, United States Code. (4) The term ``cartridge case'' means the part of a fully assembled ammunition cartridge that contains the propellant and primer for firing. (5) The terms ``manually operated handgun'' and ``manually operated rifle'' mean any handgun or rifle, as the case may be, in which all loading, unloading, and reloading of the firing chamber is accomplished through manipulation by the user. (6) The term ``semiautomatic handgun'' means any repeating handgun which utilizes a portion of the energy of a firing cartridge to extract the fired cartridge case and chamber the next round, which requires a pull of the trigger to fire each cartridge. (7) The term ``semiautomatic rifle'' has the meaning given the term in section 921(a)(28) of title 18, United States Code. (8) The term ``projectile'' means that part of ammunition that is, by means of an explosive, expelled through the barrel of a handgun or rifle.	Ballistic Imaging Evaluation and Study Act of 2001 - Directs the Attorney General to enter into an arrangement with the National Research Council (NRC) of the National Academy of Sciences to study the effectiveness of ballistic imaging technology. Prohibits a State from using Federal funds for ballistic imaging technology until the NRC report is transmitted to Congress. Authorizes the Secretary of the Treasury, at a State's request, to waive such prohibition upon a showing that the use would be in the national interest.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Renewable Fuel Pipelines Act of 2009''. SEC. 2. FINDINGS. Congress finds the following: (1) Creating the appropriate infrastructure to move renewable fuels is a necessary energy and transportation objective for the United States. (2) Currently more than 70 percent of the gasoline supply of the United States is delivered to local terminals through pipelines. (3) Pipelines are the most cost-effective, efficient, and safe transportation mode in use today to deliver large volumes of liquid fuels. (4) Renewable fuels are currently transported by truck, barge, and rail, and the volume requirements of the Energy Independence and Security Act of 2007 may overwhelm the renewable fuels infrastructure, a problem that would be alleviated by the transportation of renewable fuels through pipelines. (5) The production and use of renewable fuels is supported by Federal policy and a corresponding Federal policy is necessary to support the construction of an appropriate infrastructure to transport such fuels. SEC. 3. LOAN GUARANTEES FOR PROJECTS TO CONSTRUCT RENEWABLE FUEL PIPELINES. (a) Definitions.--Section 1701 of the Energy Policy Act of 2005 (42 U.S.C. 16511) is amended by adding at the end the following: ``(6) Renewable fuel.--The term `renewable fuel' has the meaning given the term in section 211(o)(1) of the Clean Air Act (42 U.S.C. 7545(o)(1)), except that the term shall include all ethanol and biodiesel. ``(7) Renewable fuel pipeline.--The term `renewable fuel pipeline' means a common carrier pipeline for transporting renewable fuel.''. (b) Terms and Conditions.-- (1) Specific appropriation or contribution.--Subsection (b) of section 1702 of the Energy Policy Act of 2005 (42 U.S.C. 16512) is amended-- (A) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and by moving such subparagraphs 2 ems to the right; (B) by striking ``(b) Specific Appropriation or Contribution.--No guarantee'' and inserting the following: ``(b) Specific Appropriation or Contribution.-- ``(1) In general.--No guarantee''; and (C) by adding at the end the following: ``(2) Renewable fuel pipelines.--The Secretary may waive the application of paragraph (1) with respect to a guarantee for a project described in section 1703(f)(1).''. (2) Amount.--Subsection (c) of such section is amended-- (A) by striking ``(c) Amount.--Unless'' and inserting the following: ``(c) Amount.-- ``(1) In general.--Unless''; and (B) by adding at the end the following: ``(2) Renewable fuel pipelines.--With respect to a project described in section 1703(f)(1)-- ``(A) a guarantee by the Secretary shall not exceed an amount equal to 90 percent of the project cost of the renewable fuel pipeline that is the subject of the guarantee, as estimated at the time at which the guarantee is issued; and ``(B) the Secretary may make more than one guarantee for such project, to the extent that the sum of all guarantees for such project does not exceed an amount equal to 90 percent of the project cost of the renewable fuel pipeline that is the subject of such guarantees, as estimated any time after the original guarantee is issued.''. (c) Eligible Projects.--Section 1703 of the Energy Policy Act of 2005 (42 U.S.C. 16513) is amended by adding at the end the following: ``(f) Renewable Fuel Pipelines.-- ``(1) In general.--The Secretary may make guarantees under this title for projects to construct renewable fuel pipelines without regard to any limitation under this section other than a limitation under this subsection. ``(2) Guarantee determinations.--In determining whether to make a guarantee for a project described in paragraph (1), the Secretary shall consider the following: ``(A) The volume of renewable fuel to be moved by the renewable fuel pipeline. ``(B) The size of the markets to be served by the renewable fuel pipeline. ``(C) The existence of sufficient storage to facilitate access to the markets to be served by the renewable fuel pipeline. ``(D) The proximity of the renewable fuel pipeline to renewable fuel production facilities. ``(E) The investment in terminal infrastructure of the entity carrying out the proposed project. ``(F) The history and experience working with renewable fuel of the entity carrying out the proposed project. ``(G) The ability of the entity carrying out the proposed project to ensure and maintain the quality of the renewable fuel through the terminal system of the entity and through the dedicated pipeline system. ``(H) The ability of the entity carrying out the proposed project to complete such proposed project in a timely manner. ``(I) The ability of the entity carrying out the proposed project to secure property rights-of-way. ``(J) Other criteria the Secretary determines appropriate for consideration. ``(3) Eminent domain authority.--When any entity in the carrying out of a project described in paragraph (1) for which a guarantee is made under this title cannot acquire by contract, or is unable to agree with the owner of property to the compensation to be paid for, the necessary right-of-way to construct, operate, and maintain a pipeline or pipelines for the transportation of renewable fuel, and the necessary land or other property, in addition to right-of-way, for the location of pump stations, pressure apparatus, or other facilities or equipment necessary to the proper operation of such pipeline or pipelines, it may acquire the same by the exercise of the right of eminent domain in the district court of the United States for the district in which such property may be located, or in the State courts, if such exercise is first determined by the Secretary to be necessary or desirable in the public interest. The practice and procedure in any action or proceeding for that purpose in the district court of the United States shall conform as nearly as may be with the practice and procedure in a similar action or proceeding in the courts of the State where the property is situated. The United States district courts shall only have jurisdiction of cases when the amount claimed by the owner of the property to be condemned exceeds $3,000.''. SEC. 4. FINAL RULE. Not later than 90 days after the date of the enactment of this Act, the Secretary of Energy shall publish in the Federal Register a final rule for carrying out a guarantee program for the construction of renewable fuel pipelines under title XVII of the Energy Policy Act of 2005 in accordance with the amendments made by this Act or shall modify rules and regulations currently applicable to the guarantee program under such title in accordance with the amendments made by this Act. SEC. 5. GRANT PROGRAM FOR PREPARATION OF PROJECTS TO CONSTRUCT RENEWABLE FUEL PIPELINES. (a) In General.--The Secretary may provide grants for projects described in section 1703(f)(1) of the Energy Policy Act of 2005, as added by section 3(c) of this Act, to assist in carrying out permit acquisition, planning, and other preparatory activities for such projects in advance of participation in the guarantee program under title XVII of the Energy Policy Act of 2005. (b) No Impact on Eligibility for a Guarantee.--In determining whether to make a guarantee for a project under title XVII of the Energy Policy Act of 2005, the Secretary shall not take into consideration whether a grant was provided for such project under this section. (c) Impact on Guarantee Amount.--In the case of a project for which a grant is provided under this section and a loan guarantee is made under title XVII of the Energy Policy Act of 2005, the sum with respect to such project of grants provided under this section and amounts guaranteed under title XVII of the Energy Policy Act of 2005 may not exceed 90 percent of the project cost of such project as estimated at the time at which a guarantee is issued. (d) Definition of Secretary.--In this section, the term ``Secretary'' means the Secretary of Energy. (e) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out this section $50,000,000, to remain available until expended.	Renewable Fuel Pipelines Act of 2009 - Amends the Energy Policy Act of 2005 to allow federally-guaranteed loans for renewable fuel pipeline construction without regard to whether an appropriation for the cost has been made. Includes ethanol and biodiesel as renewable fuel. Allows a maximum guarantee by the Secretary of Energy of 90% of the project cost and more than one guarantee for a project (as long as the total guaranteed amount does not exceed 90%). Sets forth factors to be considered in guarantee determinations, including volume and quality of fuel, size of markets served, experience of the entity working with renewable fuel, and associated storage, production, and terminal facilities. Authorizes an entity implementing a fuel pipeline project for which a guarantee is made, when such entity is unable to acquire the necessary right-of-way to construct, operate, and maintain pipelines and the necessary land or property for the location of pump stations, pressure apparatus, and other necessary facilities or equipment by contract, to acquire what is necessary through eminent domain if determined by the Secretary to be necessary or desirable in the public interest. Authorizes the Secretary to provide grants for renewable fuel pipeline projects to assist in carrying out permit acquisition, planning, and other preparatory activities in advance of participation in the guarantee program. Limits the sum of grants and amounts guaranteed for a project that receives both to 90% of the project's cost.
SECTION 1. SETTLEMENT OF CLAIMS OF THE WYANDOTTE NATION. (a) Findings.--Congress finds the following: (1) The Wyandotte Nation has a valid interest in certain lands located in the Fairfax Business District in Wyandotte County, Kansas, that are located within the Nation's reservation established pursuant to an agreement between the Wyandotte Nation and the Delaware Nation dated December 14, 1843, which agreement was ratified by the Senate on July 25, 1848. (2) The Wyandotte Nation filed a lawsuit, Wyandotte Nation v. Unified Government of Kansas City and Wyandotte County, Kansas, U.S. D.C. Kan., Case No. 012303-CM, against certain landowners within the Fairfax Business District to ascertain and adjudicate ownership of lands that were once owned and held in trust by the United States for the benefit of the Wyandotte Nation but were not conveyed to the United States by the Wyandotte Nation pursuant to the Treaty of January 31, 1855. (3) The Lawsuit also contends that certain major roads in Kansas City encroach upon a certain parcel of land, known as the Huron Cemetery, which was reserved for the Wyandotte Nation in the Treaty of January 31, 1855. (4) The pendency of this Lawsuit has resulted in severe economic hardships for the residents of the Fairfax Business District of Wyandotte County, Kansas, by clouding title to much of the land within that District. (5) Congress shares with the residents of the Fairfax Business District of Wyandotte County, Kansas, a desire to remove all clouds on title resulting from the Lawsuit without additional cost or expense to either the United States, the State of Kansas, the Unified Government of Kansas City and Wyandotte County, Kansas, and all other landowners within the Fairfax Business District of Wyandotte County, Kansas. (6) The Wyandotte Nation and the Unified Government of Kansas City and Wyandotte County have reached an agreement settling the Lawsuit which requires implementing legislation by Congress. (b) Purposes.--The purposes of this Act are as follows: -- (1) To settle the Lawsuit. (2) To direct the Secretary to take into trust for the benefit of the Wyandotte Nation the Settlement Lands in settlement of the Wyandotte Nation's Lawsuit and the land claims asserted therein. (c) Definitions.--For purposes of this Act, the following definitions apply: -- (1) Kansas lands.--The term ``Kansas Lands'' means all of the lands described and identified as ``Gifted Lands'' and ``Accreted Lands'' in the Wyandotte Nation's complaint filed in the Lawsuit, as well as those portions of Seventh Street and Minnesota Avenue located within Kansas City, Kansas, which the Wyandotte Nation claim in the Lawsuit were included within the Huron Cemetery under the Treaty of January 31, 1855. (2) Lawsuit.--The term ``Lawsuit'' means Wyandotte Nation v. Unified Government of Kansas City and Wyandotte County, Kansas, U.S. D.C. Kan., Case No. 012303-CM. (3) secretary.--The term ``Secretary'' means the Secretary of the Interior. (4) Settlement lands.--The term ``Settlement Lands'' means the following parcel of real property located in the City of Edwardsville, Wyandotte County, Kansas and more particularly described in Quit Claim Deed filed for record as Parcel I.D. 944806, Book 3190 at Page 198 and Book 4408 at Page 789 in the Wyandotte County, Kansas, Register of Deeds Office. (5) Unified government.--The term ``Unified Government'' means the Unified Government of Kansas City and Wyandotte County, Kansas. (6) Wyandotte nation.--The term ``Wyandotte Nation'' means the Wyandotte Nation, a federally-recognized Indian tribe. (d) Extinguishment of Land Claims.--Not later than 90 days after the date of the enactment of this section and as part of the settlement of the Lawsuit and the Wyandotte Nation's land claims asserted therein, the Secretary shall take and hold title to the Settlement Lands in trust for the benefit of the Wyandotte Nation pursuant to and within the scope and meaning of section 20(b)(1)(B)(i) of the Indian Gaming Regulatory Act (25 U.S.C. 2719(b)(1)(B)(i)). Any and all claims which the Wyandotte Nation has or could have asserted in the Lawsuit shall be extinguished upon-- (1) the Secretary accepting title to the Settlement Lands in trust for the Wyandotte Nation; and (2) publication in the Federal Register of a notice of approval of tribal-State compact between the Wyandotte Nation and the State of Kansas pursuant to section 11(d)(3)(B) of the Indian Gaming Regulatory Act (25 U.S.C. 2710(d)(3)(B)). (e) Shriner Property.--Congress confirms that the United States acquired title to the Shriner's Property in trust for the benefit of the Wyandotte Nation effective July 15, 1996. Notwithstanding the trust status of the Shriner's Property, the Wyandotte Nation shall have no rights to conduct gaming on the Shriner's Property upon- (1) the Secretary accepting title to the Settlement Lands in trust for the Wyandotte Nation; and (2) publication in the Federal Register of a notice approval of a tribal-State compact between the Wyandotte Nation and the State of Kansas pursuant to section 11(d)(3)(B) of the Indian Gaming Regulatory Act (25 U.S.C. 2710(d)(3)(B)).	Requires the Secretary of the Interior to take specified Settlement Lands into trust for the benefit of the Wyandotte Nation as part of the settlement of claims in a certain lawsuit of the Wyandotte Nation against the United Government of Kansas City and Wyandotte County, Kansas. Extinguishes any and all claims which the Wyandotte Nation has or could have asserted in the lawsuit upon specified conditions being met.Denies the Wyandotte Nation gaming rights on the Shriner's Property, a property already held in trust for it by the United States, upon specified conditions being met.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Drinking Water Protection Act''. SEC. 2. AMENDMENT TO THE SAFE DRINKING WATER ACT. (a) Amendment.--At the end of part E of the Safe Drinking Water Act (42 U.S.C. 300j et seq.) add the following new section: ``SEC. 1459. CYANOTOXIN RISK ASSESSMENT AND MANAGEMENT. ``(a) Strategic Plan.-- ``(1) Development.--Not later than 90 days after the date of enactment of this section, the Administrator shall develop and submit to Congress a strategic plan for assessing and managing risks associated with cyanotoxins in drinking water provided by public water systems. The strategic plan shall include steps and timelines to-- ``(A) evaluate the risk to human health from drinking water provided by public water systems contaminated with cyanotoxins; ``(B) establish, publish, and update a comprehensive list of cyanotoxins determined by the Administrator to be harmful to human health when present in drinking water provided by public water systems; ``(C) summarize-- ``(i) the known adverse human health effects of cyanotoxins included on the list published under subparagraph (B) when present in drinking water provided by public water systems; and ``(ii) factors that cause cyanobacteria to proliferate and express toxins; ``(D) with respect to cyanotoxins included on the list published under subparagraph (B), determine whether to-- ``(i) publish health advisories pursuant to section 1412(b)(1)(F) for such cyanotoxins in drinking water provided by public water systems; ``(ii) establish guidance regarding feasible analytical methods to quantify the presence of cyanotoxins; and ``(iii) establish guidance regarding the frequency of monitoring necessary to determine if such cyanotoxins are present in drinking water provided by public water systems; ``(E) recommend feasible treatment options, including procedures and equipment, to mitigate any adverse public health effects of cyanotoxins included on the list published under subparagraph (B); and ``(F) enter into cooperative agreements with, and provide technical assistance to, affected States and public water systems, as identified by the Administrator, for the purpose of managing risks associated with cyanotoxins included on the list published under subparagraph (B). ``(2) Updates.--The Administrator shall, as appropriate, update and submit to Congress the strategic plan developed under paragraph (1). ``(b) Information Coordination.--In carrying out this section the Administrator shall-- ``(1) identify gaps in the Agency's understanding of cyanobacteria, including-- ``(A) the human health effects of cyanotoxins included on the list published under subsection (a)(1)(B); and ``(B) methods and means of testing and monitoring for the presence of harmful cyanotoxins in source water of, or drinking water provided by, public water systems; ``(2) as appropriate, consult with-- ``(A) other Federal agencies that-- ``(i) examine or analyze cyanobacteria; or ``(ii) address public health concerns related to harmful algal blooms; ``(B) States; ``(C) operators of public water systems; ``(D) multinational agencies; ``(E) foreign governments; and ``(F) research and academic institutions; and ``(3) assemble and publish information from each Federal agency that has-- ``(A) examined or analyzed cyanobacteria; or ``(B) addressed public health concerns related to harmful algal blooms. ``(c) Use of Science.--The Administrator shall carry out this section in accordance with the requirements described in section 1412(b)(3)(A), as applicable. ``(d) Feasible.--For purposes of this section, the term `feasible' has the meaning given such term in section 1412(b)(4)(D).''. (b) Report to Congress.--Not later than 90 days after the date of enactment of this Act, the Comptroller General of the United States shall prepare and submit to Congress a report that includes-- (1) an inventory of funds-- (A) expended by the United States, for each of fiscal years 2010 through 2014, to examine or analyze cyanobacteria or address public health concerns related to harmful algal blooms; and (B) that includes the specific purpose for which the funds were made available, the law under which the funds were authorized, and the Federal agency that received or spent the funds; and (2) recommended steps to reduce any duplication, and improve interagency coordination, of such expenditures.	Drinking Water Protection Act - Amends the Safe Drinking Water Act to direct the Environmental Protection Agency (EPA) to develop and submit to Congress a strategic plan for assessing and managing risks associated with cyanotoxins in drinking water provided by public water systems. (Cyanotoxins are naturally occurring toxins produced by cyanobacteria, also known as blue-green algae.) Requires the plan to include steps and time lines to: evaluate the risk to human health from drinking water contaminated with cyanotoxins; establish, publish, and update a comprehensive list of cyanotoxins that are harmful to human health; summarize the known adverse human health effects of cyanotoxins and the factors that cause cyanobacteria to grow rapidly and make toxins; determine whether to publish health advisories for harmful cyanotoxins and establish relevant guidance; recommend feasible treatment options; and enter into cooperative agreements with, and provide technical assistance to, affected states and public water systems to manage risks associated with cyanotoxins.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Responsible Homeowner Refinancing Act of 2012''. SEC. 2. DEFINITIONS. In this Act-- (1) the term ``current borrower'' means a mortgagor who is current on the subject mortgage at the time of the refinancing, and has had no late payments in the preceding 6 months and not more than 1 late payment in the preceding 12 months; (2) the term ``eligible mortgage'' means any mortgage that-- (A) is an existing first mortgage that was made for purchase of, or refinancing of another first mortgage on, a 1- to 4-family dwelling, including a condominium or a share in a cooperative ownership housing association; (B) was originated or refinanced on or before May 31, 2009, unless that date is extended by the Director under FHFA's preexisting authority to do so; (C) is owned or guaranteed by an enterprise; (D) with respect to which, the mortgagor is a current borrower; and (E) includes existing first mortgages with a loan- to-value ratio of less than 80 percent. (3) the term ``enterprise'' means the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation; (4) the terms ``FHFA'' and ``Director'' mean the Federal Housing Finance Agency and the Director thereof, respectively; (5) the terms ``Home Affordable Refinance Program'' and ``Program'' mean the Home Affordable Refinance Program, administered by the FHFA and the enterprises as part of the Making Home Affordable initiative announced on March 4, 2009; (6) the term-- (A) ``LTV'' means loan-to-value, or the ratio of the amount of the primary mortgage on a property to the value of that property; and (B) ``CLTV'' means combined loan-to-value, or the ratio of all mortgage debt on a property to the value of the property; (7) the term ``same servicer'' means a lender that is providing refinancing for a borrower whose loan they already service; (8) the term ``qualified lender'' means a lender that is participating in the Program; (9) the term ``guarantee fee'' has the same meaning as in section 1327(a) of the Housing and Community Development Act of 1992 (12 U.S.C. 4547(a)); and (10) the term ``average fees'' means the average contractual fee rate of single-family guaranty arrangements charged by an enterprise on April 1, 2012, plus the recognition of any up-front cash payments over an estimated average life, expressed in terms of basis points, such definition to be interpreted in a manner consistent with the annual report on guarantee fees by the FHFA. SEC. 3. STREAMLINED REFINANCING CRITERIA UNDER THE PROGRAM. (a) In General.--In carrying out the Home Affordable Refinance Program, each enterprise shall adopt and adhere to the criteria established under this section. (b) Borrower Eligibility.--The enterprises shall include as eligible borrowers in the Home Affordable Refinance Program all current borrowers who have an eligible mortgage and meet those underwriting requirements for eligibility for same servicer refinancing in the Program as of March 1, 2012, except that the enterprises may not disqualify or impose varying rules within the Program for borrowers based on LTV, CLTV, employment status or income. (c) Additional Relief From Representations and Warranties.--The enterprises shall not require of any qualified lender executing a loan under the Program any representations or warranties-- (1) for the value, marketability, condition, or property type of the loan, as such loan characteristics are evidenced by an appraisal or alternative valuation method, provided that the lender complies with the enterprises' required methods and standards for ordering an appraisal under the Program; or (2) that are not required of same servicers under the Program as of March 1, 2012, whether that loan is manually underwritten or underwritten through an automated system, except that, under no circumstances shall greater representations and warranties be required for a loan that is manually underwritten than for one that is underwritten through an automated system. (d) Prohibition on Up-front Fees.--In carrying out the Program, the enterprises may not charge the qualified lender any loan level price adjustment, post settlement delivery fee, adverse delivery charge, or other similar up-front fee. (e) Appraisals.--The enterprises shall develop and allow alternative streamlined methods to determine the value of the property for which refinancing is sought through the Program that eliminate the costs to the borrower and qualified lender associated with such determination. Until such time as such method is developed, and when the existing automated valuation models of the enterprises are unable to determine the value of a certain property for which refinancing is sought through the Program, the enterprises shall bear the costs associated with the use of manual appraisal of that property, without passing on such costs to the borrower or qualified lender. (f) Limitation.--Notwithstanding any provision of the Federal National Mortgage Association Charter Act (12 U.S.C. 1716 et seq.) or the Federal Home Loan Mortgage Corporation Act (12 U.S.C. 1451 et seq.), an enterprise may purchase or guarantee any new mortgage resulting from the refinancing of an eligible mortgage pursuant to this section, if at the time of origination of the eligible mortgage, the eligible mortgage complied with the applicable limitation governing the maximum original principal obligation on conventional mortgages that may be purchased or guaranteed by that enterprise. (g) Guarantee Fees.-- (1) In general.-- (A) Average fee.--On each mortgage refinanced under the Program in accordance with this section, the enterprises shall set the average fee required under this Act, as determined by the Director in an amount not less than the average fees charged by the enterprises as of April 1, 2012, for such guarantees. The Director shall prohibit an enterprise from offsetting the cost of the fee to the mortgage originators, borrowers, and investors by decreasing other charges, fees, or premiums, or in any other manner. (B) Authority to limit offer of guarantee.--The Director shall prohibit an enterprise from consummating any offer for a guarantee to a qualified lender for mortgage-backed securities, if the guarantee is inconsistent with the requirements of this section. (2) Information collection and analysis.--The Director shall require each enterprise to provide to the Director, as part of its annual report submitted to Congress, for loans refinanced under the Program-- (A) a description of changes made to up-front fees and annual fees as part of the guarantee fees negotiated with qualified lenders; and (B) an assessment of how the changes in the guarantee fees described in subparagraph (A) met the requirements of paragraph (1). (h) Regulations.--Not later than 30 days after the date of enactment of this Act, the Director shall issue any regulations or guidance necessary to carry out the changes to the Program established under this section, which regulations or guidance shall be put into effect not later than 90 days after the date of enactment of this Act. (i) Termination.--The requirements of this section shall expire concurrent with the expiration of the Program. (j) Rule of Construction.-- (1) In general.--Nothing in this section shall be construed to supersede, preempt, or otherwise nullify the requirement that a loan refinanced under the Program must benefit the borrower. (2) Definition.--For purposes of paragraph (1), a loan refinanced under the Program benefits the borrower, if the refinanced loan results in-- (A) reduction in payment; (B) reduction in interest rate; (C) movement to a more stable product, such as from an adjustable rate mortgage to a fixed rate mortgage; or (D) reduction in amortization term. SEC. 4. INFORMATION FOR BORROWERS ON ELIGIBILITY FOR THE PROGRAM. (a) Notice to Borrowers.--Not later than 60 days after the date of enactment of this Act, the enterprises shall notify all borrowers with a mortgage owned or guaranteed by an enterprise about the Program and its eligibility criteria, and inform borrowers of the website required under subsection (b). (b) Public Access to Eligibility Criteria.--The Director shall establish, and the enterprises shall display a link on their homepages to, a single website where borrowers may-- (1) determine their potential eligibility for participation in the Program; (2) see a complete list of and links to qualified lenders; (3) use a mortgage refinance calculator to calculate potential payment savings based on different interest rates; and (4) obtain tips on refinancing their loan. SEC. 5. CONSISTENT REFINANCING GUIDELINES REQUIRED. Not later than 60 days after the date of enactment of this Act, the Director shall issue guidance to require the enterprises to make their refinancing guidelines consistent to ease the compliance requirements of qualified lenders, and in particular with respect to loans with less than an 80 percent loan-to-value ratio and closing cost policies of the enterprises, which regulations or guidance shall be put into effect not later than 90 days after the date of enactment of this Act. SEC. 6. PROGRESS REPORTS. The Director shall provide to Congress monthly reports on the progress of the Program, and each enterprise shall include and disclose, as part of its filings with the Securities and Exchange Commission on Form 10-Q, Form 10-K, or any successors thereto, detailed information on each enterprise's progress and results in implementing and executing the Program. SEC. 7. SEVERABILITY. If any portion of this Act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect the portions or applications of this Act which can be given effect without the invalid portion or application.	Responsible Homeowner Refinancing Act of 2012 - Requires the Federal National Mortgage Association (Fannie Mae) and Federal Home Loan Mortgage Corporation (Freddie Mac) (government sponsored enterprises or GSEs), in carrying out the Home Affordable Refinance Program, to adopt specified criteria pertaining to: (1) borrower eligibility, (2) representations and warranties, (3) prohibition on up-front fees, (4) alternative streamlined methods to determine the value of a property, (5) the purchase or guarantee of any new mortgage resulting from the refinancing of an eligible mortgage, and (6) guarantee fees. Requires the GSEs to notify all borrowers with a mortgage owned or guaranteed by a GSE about the Program and its eligibility criteria, and inform borrowers of the website required below. Directs the Director of the Federal Housing Finance Agency (FHFA) to establish a single website where borrowers may: (1) determine their potential eligibility for participation in the Program, (2) see a complete list of and links to qualified lenders, (3) use a mortgage refinance calculator to calculate potential payment savings based on different interest rates, and (4) obtain tips on refinancing their loan. Directs the Director of FHFA to issue guidance to require the GSEs to make their refinancing guidelines consistent to ease the compliance requirements of qualified lenders, and in particular with respect to loans with less than 80% loan-to-value ratio and closing cost policies of the GSEs, which regulations or guidance shall be put into effect not later than 90 days after the enactment of this Acts.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Nonprofit Research and Education Corporations Enhancement Act of 2009''. SEC. 2. GENERAL AUTHORITIES ON ESTABLISHMENT OF CORPORATIONS. (a) Authorization of Multi-Medical Center Research Corporations.-- (1) In general.--Section 7361 of title 38, United States Code, is amended-- (A) by redesignating subsection (b) as subsection (e); and (B) by inserting after subsection (a) the following new subsection (b): ``(b)(1) Subject to paragraph (2), a corporation established under this subchapter may facilitate the conduct of research, education, or both at more than one medical center. Such a corporation shall be known as a `multi-medical center research corporation'. ``(2) The board of directors of a multi-medical center research corporation under this subsection shall include the official at each Department medical center concerned who is, or who carries out the responsibilities of, the medical center director of such center as specified in section 7363(a)(1)(A)(i) of this title. ``(3) In facilitating the conduct of research, education, or both at more than one Department medical center under this subchapter, a multi-medical center research corporation may administer receipts and expenditures relating to such research, education, or both, as applicable, performed at the Department medical centers concerned.''. (2) Expansion of existing corporations to multi-medical center research corporations.--Such section is further amended by adding at the end the following new subsection: ``(f) A corporation established under this subchapter may act as a multi-medical center research corporation under this subchapter in accordance with subsection (b) if-- ``(1) the board of directors of the corporation approves a resolution permitting facilitation by the corporation of the conduct of research, education, or both at the other Department medical center or medical centers concerned; and ``(2) the Secretary approves the resolution of the corporation under paragraph (1).''. (b) Restatement and Modification of Authorities on Applicability of State Law.-- (1) In general.--Section 7361 of such title, as amended by subsection (a) of this section, is further amended by inserting after subsection (b) the following new subsection (c): ``(c) Any corporation established under this subchapter shall be established in accordance with the nonprofit corporation laws of the State in which the applicable Department medical center is located and shall, to the extent not inconsistent with any Federal law, be subject to the laws of such State. In the case of any multi-medical center research corporation that facilitates the conduct of research, education, or both at Department medical centers located in different States, the corporation shall be established in accordance with the nonprofit corporation laws of the State in which one of such Department medical centers is located.''. (2) Conforming amendment.--Section 7365 of such title is repealed. (c) Clarification of Status of Corporations.--Section 7361 of such title, as amended by this section, is further amended-- (1) in subsection (a), by striking the second sentence; and (2) by inserting after subsection (c) the following new subsection (d): ``(d)(1) Except as otherwise provided in this subchapter or under regulations prescribed by the Secretary, any corporation established under this subchapter, and its officers, directors, and employees, shall be required to comply only with those Federal laws, regulations, and executive orders and directives that apply generally to private nonprofit corporations. ``(2) A corporation under this subchapter is not-- ``(A) owned or controlled by the United States; or ``(B) an agency or instrumentality of the United States.''. (d) Reinstatement of Requirement for 501(c)(3) Status of Corporations.--Subsection (e) of section 7361 of such title, as redesignated by subsection (a)(1) of this section, is further amended by inserting ``section 501(c)(3) of'' after ``exempt from taxation under''. SEC. 3. CLARIFICATION OF PURPOSES OF CORPORATIONS. (a) Clarification of Purposes.--Subsection (a) of section 7362 of title 38, United States Code, is amended-- (1) in the first sentence-- (A) by striking ``Any corporation'' and all that follows through ``facilitate'' and inserting ``A corporation established under this subchapter shall be established to provide a flexible funding mechanism for the conduct of approved research and education at one or more Department medical centers and to facilitate functions related to the conduct of''; and (B) by inserting before the period at the end the following: ``or centers''; and (2) in the second sentence, by inserting ``or centers'' after ``medical center''. (b) Modification of Defined Term Relating to Education and Training.--Subsection (b) of such section is amended in the matter preceding paragraph (1) by striking ``the term `education and training''' and inserting ``the term `education' includes education and training and''. (c) Repeal of Role of Corporations With Respect to Fellowships.-- Paragraph (1) of subsection (b) of such section is amended by striking the flush matter following subparagraph (C). (d) Availability of Education for Families of Veteran Patients.-- Paragraph (2) of subsection (b) of such section is amended by striking ``to patients and to the families'' and inserting ``and includes education and training for patients and families''. SEC. 4. MODIFICATION OF REQUIREMENTS FOR BOARDS OF DIRECTORS OF CORPORATIONS. (a) Requirements for Department Board Members.--Paragraph (1) of section 7363(a) of title 38, United States Code, is amended to read as follows: ``(1) with respect to the Department medical center-- ``(A)(i) the director (or directors of each Department medical center, in the case of a multi- medical center research corporation); ``(ii) the chief of staff; and ``(iii) as appropriate for the activities of such corporation, the associate chief of staff for research and the associate chief of staff for education; or ``(B) in the case of a Department medical center at which one or more of the positions referred to in subparagraph (A) do not exist, the official or officials who are responsible for carrying out the responsibilities of such position or positions at the Department medical center; and''. (b) Requirements for Non-Department Board Members.--Paragraph (2) of such section is amended-- (1) by inserting ``not less than two'' before ``members''; and (2) by striking ``and who'' and all that follows through the period at the end and inserting ``and who have backgrounds, or business, legal, financial, medical, or scientific expertise, of benefit to the operations of the corporation.''. (c) Conflicts of Interest.--Subsection (c) of section 7363 of such title is amended by striking ``, employed by, or have any other financial relationship with'' and inserting ``or employed by''. SEC. 5. CLARIFICATION OF POWERS OF CORPORATIONS. (a) In General.--Section 7364 of title 38, United States Code, is amended to read as follows: ``Sec. 7364. General powers ``(b) In General.--(1) A corporation established under this subchapter may, solely to carry out the purposes of this subchapter-- ``(A) accept, administer, retain, and spend funds derived from gifts, contributions, grants, fees, reimbursements, and bequests from individuals and public and private entities; ``(B) enter into contracts and agreements with individuals and public and private entities; ``(C) subject to paragraph (2), set fees for education and training facilitated under section 7362 of this title, and receive, retain, administer, and spend funds in furtherance of such education and training; ``(D) reimburse amounts to the applicable appropriation account of the Department for the Office of General Counsel for any expenses of that Office in providing legal services attributable to research and education agreements under this subchapter; and ``(E) employ such employees as the corporation considers necessary for such purposes and fix the compensation of such employees. ``(2) Fees charged pursuant to paragraph (1)(C) for education and training described in that paragraph to individuals who are officers or employees of the Department may not be paid for by any funds appropriated to the Department. ``(3) Amounts reimbursed to the Office of General Counsel under paragraph (1)(D) shall be available for use by the Office of the General Counsel only for staff and training, and related travel, for the provision of legal services described in that paragraph and shall remain available for such use without fiscal year limitation. ``(c) Transfer and Administration of Funds.--(1) Except as provided in paragraph (2), any funds received by the Secretary for the conduct of research or education at a Department medical center or centers, other than funds appropriated to the Department, may be transferred to and administered by a corporation established under this subchapter for such purposes. ``(2) A Department medical center may reimburse the corporation for all or a portion of the pay, benefits, or both of an employee of the corporation who is assigned to the Department medical center if the assignment is carried out pursuant to subchapter VI of chapter 33 of title 5. ``(3) A Department medical center may retain and use funds provided to it by a corporation established under this subchapter. Such funds shall be credited to the applicable appropriation account of the Department and shall be available, without fiscal year limitation, for the purposes of that account. ``(d) Research Projects.--Except for reasonable and usual preliminary costs for project planning before its approval, a corporation established under this subchapter may not spend funds for a research project unless the project is approved in accordance with procedures prescribed by the Under Secretary for Health for research carried out with Department funds. Such procedures shall include a scientific review process. ``(e) Education Activities.--Except for reasonable and usual preliminary costs for activity planning before its approval, a corporation established under this subchapter may not spend funds for an education activity unless the activity is approved in accordance with procedures prescribed by the Under Secretary for Health. ``(f) Policies and Procedures.--The Under Secretary for Health may prescribe policies and procedures to guide the spending of funds by corporations established under this subchapter that are consistent with the purpose of such corporations as flexible funding mechanisms and with Federal and State laws and regulations, and executive orders, circulars, and directives that apply generally to the receipt and expenditure of funds by nonprofit organizations exempt from taxation under section 501(c)(3) of the Internal Revenue Code of 1986.''. (b) Conforming Amendment.--Section 7362(a) of such title, as amended by section 3(a)(1) of this Act, is further amended by striking the last sentence. SEC. 6. REDESIGNATION OF SECTION 7364A OF TITLE 38, UNITED STATES CODE. (a) Redesignation.--Section 7364A of title 38, United States Code, is redesignated as section 7365 of such title. (b) Clerical Amendments.--The table of sections at the beginning of chapter 73 of such title is amended-- (1) by striking the item relating to section 7364A; and (2) by striking the item relating to section 7365 and inserting the following new item: ``7365. Coverage of employees under certain Federal tort claims laws.''. SEC. 7. IMPROVED ACCOUNTABILITY AND OVERSIGHT OF CORPORATIONS. (a) Additional Information in Annual Reports.--Subsection (b) of section 7366 of title 38, United States Code, is amended to read as follows: ``(b)(1) Each corporation shall submit to the Secretary each year a report providing a detailed statement of the operations, activities, and accomplishments of the corporation during that year. ``(2)(A) A corporation with revenues in excess of $300,000 for any year shall obtain an audit of the corporation for that year. ``(B) A corporation with annual revenues between $10,000 and $300,000 shall obtain an audit of the corporation at least once every three years. ``(C) Any audit under this paragraph shall be performed by an independent auditor. ``(3) The corporation shall include in each report to the Secretary under paragraph (1) the following: ``(A) The most recent audit of the corporation under paragraph (2). ``(B) The most recent Internal Revenue Service Form 990 `Return of Organization Exempt from Income Tax' or equivalent and the applicable schedules under such form.''. (b) Confirmation of Application of Conflict of Interest Regulations to Appropriate Corporation Positions.--Subsection (c) of such section is amended-- (1) by striking ``laws and'' each place it appears; (2) in paragraph (1)-- (A) by inserting ``each officer and'' after ``under this subchapter,''; and (B) by striking ``, and each employee of the Department'' and all that follows through ``during any year''; and (3) in paragraph (2)-- (A) by inserting ``, officer,'' after ``verifying that each director''; and (B) by striking ``in the same manner'' and all that follows before the period at the end. (c) Establishment of Appropriate Payee Reporting Threshold.-- Subsection (d)(3)(C) of such section is amended by striking ``$35,000'' and inserting ``$50,000''.	Veterans Nonprofit Research and Education Corporations Enhancement Act of 2009 - Amends federal provisions concerning the establishment at Department of Veterans Affairs (VA) medical facilities of nonprofit research and education corporations (NRECs) to allow an NREC to facilitate the conduct of research or education, or both, at more than one VA medical center. States that such an NREC shall be known as a multi-medical center research corporation (MCRC). Allows an NREC to act as a MCRC if: (1) the NREC board of directors approve a resolution permitting that NREC to act as a MCRC; and (2) the Secretary of Veterans Affairs approves the resolution. Requires each NREC and MCRC (corporation) to be established in accordance with the nonprofit corporation laws of the state in which the VA medical center which it supports is located. States that neither such corporation shall be considered to be owned by, or an agent or instrumentality of, the United States. Restates the purposes of the corporations. Modifies the composition of, and standards applicable to, corporation boards of directors, including by changing applicable conflict of interest requirements. Expands the required areas of experience or expertise with respect to non-VA members of corporation boards of directors. Increases authorized corporate powers of the corporations to include entering into contracts and setting fees for education and training facilitated through a corporation. Revises audit requirements to require submission of an Internal Revenue Service return form applicable to organizations exempt from income tax.
SECTION 1. SHORT TITLE. This Act may be cited as the ``SEC Regulatory Accountability Act''. SEC. 2. CONSIDERATION BY THE SECURITIES AND EXCHANGE COMMISSION OF THE COSTS AND BENEFITS OF ITS REGULATIONS AND CERTAIN OTHER AGENCY ACTIONS. Section 23 of the Securities Exchange Act of 1934 (15 U.S.C. 78w) is amended by adding at the end the following: ``(e) Consideration of Costs and Benefits.-- ``(1) In general.--Before issuing a regulation under the securities laws, as defined in section 3(a), the Commission shall-- ``(A) clearly identify the nature and source of the problem that the proposed regulation is designed to address, as well as assess the significance of that problem, to enable assessment of whether any new regulation is warranted; ``(B) utilize the Chief Economist to assess the costs and benefits, both qualitative and quantitative, of the intended regulation and propose or adopt a regulation only on a reasoned determination that the benefits of the intended regulation justify the costs of the regulation; ``(C) identify and assess available alternatives to the regulation that were considered, including modification of an existing regulation, together with an explanation of why the regulation meets the regulatory objectives more effectively than the alternatives; and ``(D) ensure that any regulation is accessible, consistent, written in plain language, and easy to understand and shall measure, and seek to improve, the actual results of regulatory requirements. ``(2) Considerations and actions.-- ``(A) Required actions.--In deciding whether and how to regulate, the Commission shall assess the costs and benefits of available regulatory alternatives, including the alternative of not regulating, and choose the approach that maximizes net benefits. Specifically, the Commission shall-- ``(i) consistent with the requirements of section 3(f) (15 U.S.C. 78c(f)), section 2(b) of the Securities Act of 1933 (15 U.S.C. 77b(b)), section 202(c) of the Investment Advisers Act of 1940 (15 U.S.C. 80b-2(c)), and section 2(c) of the Investment Company Act of 1940 (15 U.S.C. 80a-2(c)), consider whether the rulemaking will promote efficiency, competition, and capital formation; ``(ii) evaluate whether, consistent with obtaining regulatory objectives, the regulation is tailored to impose the least burden on society, including market participants, individuals, businesses of differing sizes, and other entities (including State and local governmental entities), taking into account, to the extent practicable, the cumulative costs of regulations; and ``(iii) evaluate whether the regulation is inconsistent, incompatible, or duplicative of other Federal regulations. ``(B) Additional considerations.--In addition, in making a reasoned determination of the costs and benefits of a potential regulation, the Commission shall, to the extent that each is relevant to the particular proposed regulation, take into consideration the impact of the regulation on-- ``(i) investor choice; ``(ii) market liquidity in the securities markets; and ``(iii) small businesses. ``(3) Explanation and comments.--The Commission shall explain in its final rule the nature of comments that it received, including those from the industry or consumer groups concerning the potential costs or benefits of the proposed rule or proposed rule change, and shall provide a response to those comments in its final rule, including an explanation of any changes that were made in response to those comments and the reasons that the Commission did not incorporate those industry group concerns related to the potential costs or benefits in the final rule. ``(4) Review of existing regulations.--Not later than 1 year after the date of enactment of the SEC Regulatory Accountability Act, and every 5 years thereafter, the Commission shall review its regulations to determine whether any such regulations are outmoded, ineffective, insufficient, or excessively burdensome, and shall modify, streamline, expand, or repeal them in accordance with such review. In reviewing any regulation (including, notwithstanding paragraph (6), a regulation issued in accordance with formal rulemaking provisions) that subjects issuers with a public float of $250,000,000 or less to the attestation and reporting requirements of section 404(b) of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7262(b)), the Commission shall specifically take into account the large burden of such regulation when compared to the benefit of such regulation. ``(5) Post-adoption impact assessment.-- ``(A) In general.--Whenever the Commission adopts or amends a regulation designated as a `major rule' within the meaning of section 804(2) of title 5, United States Code, it shall state, in its adopting release, the following: ``(i) The purposes and intended consequences of the regulation. ``(ii) Appropriate post-implementation quantitative and qualitative metrics to measure the economic impact of the regulation and to measure the extent to which the regulation has accomplished the stated purposes. ``(iii) The assessment plan that will be used, consistent with the requirements of subparagraph (B) and under the supervision of the Chief Economist of the Commission, to assess whether the regulation has achieved the stated purposes. ``(iv) Any unintended or negative consequences that the Commission foresees may result from the regulation. ``(B) Requirements of assessment plan and report.-- ``(i) Requirements of plan.--The assessment plan required under this paragraph shall consider the costs, benefits, and intended and unintended consequences of the regulation. The plan shall specify the data to be collected, the methods for collection and analysis of the data and a date for completion of the assessment. The assessment plan shall include an analysis of any jobs added or lost as a result of the regulation, differentiating between public and private sector jobs. ``(ii) Submission and publication of report.--The Chief Economist shall submit the completed assessment report to the Commission no later than 2 years after the publication of the adopting release, unless the Commission, at the request of the Chief Economist, has published at least 90 days before such date a notice in the Federal Register extending the date and providing specific reasons why an extension is necessary. Within 7 days after submission to the Commission of the final assessment report, it shall be published in the Federal Register for notice and comment. Any material modification of the plan, as necessary to assess unforeseen aspects or consequences of the regulation, shall be promptly published in the Federal Register for notice and comment. ``(iii) Data collection not subject to notice and comment requirements.--If the Commission has published its assessment plan for notice and comment, specifying the data to be collected and method of collection, at least 30 days prior to adoption of a final regulation or amendment, such collection of data shall not be subject to the notice and comment requirements in section 3506(c) of title 44, United States Code (commonly referred to as the Paperwork Reduction Act). Any material modifications of the plan that require collection of data not previously published for notice and comment shall also be exempt from such requirements if the Commission has published notice for comment in the Federal Register of the additional data to be collected, at least 30 days prior to initiation of data collection. ``(iv) Final action.--Not later than 180 days after publication of the assessment report in the Federal Register, the Commission shall issue for notice and comment a proposal to amend or rescind the regulation, or publish a notice that the Commission has determined that no action will be taken on the regulation. Such a notice will be deemed a final agency action. ``(6) Covered regulations and other agency actions.--Solely as used in this subsection, the term `regulation'-- ``(A) means an agency statement of general applicability and future effect that is designed to implement, interpret, or prescribe law or policy or to describe the procedure or practice requirements of an agency, including rules, orders of general applicability, interpretive releases, and other statements of general applicability that the agency intends to have the force and effect of law; and ``(B) does not include-- ``(i) a regulation issued in accordance with the formal rulemaking provisions of section 556 or 557 of title 5, United States Code; ``(ii) a regulation that is limited to agency organization, management, or personnel matters; ``(iii) a regulation promulgated pursuant to statutory authority that expressly prohibits compliance with this provision; and ``(iv) a regulation that is certified by the agency to be an emergency action, if such certification is published in the Federal Register.''. SEC. 3. SENSE OF CONGRESS RELATING TO OTHER REGULATORY ENTITIES. It is the sense of the Congress that the Public Company Accounting Oversight Board should also follow the requirements of section 23(e) of such Act, as added by this title. SEC. 4. ACCOUNTABILITY PROVISION RELATING TO OTHER REGULATORY ENTITIES. A rule adopted by the Municipal Securities Rulemaking Board or any national securities association registered under section 15A of the Securities Exchange Act of 1934 (15 U.S.C. 78o-3) shall not take effect unless the Securities and Exchange Commission determines that, in adopting such rule, the Board or association has complied with the requirements of section 23(e) of such Act, as added by section 2, in the same manner as is required by the Commission under such section 23(e).	. SEC Regulatory Accountability Act This bill amends the Securities Exchange Act of 1934 to direct the Securities and Exchange Commission (SEC), before issuing a regulation under the securities laws, to: identify the nature and source of the problem that the proposed regulation is designed to address in order to assess whether any new regulation is warranted; use the SEC Chief Economist to assess the costs and benefits of the intended regulation and adopt it only upon a reasoned determination that its benefits justify the costs; identify and assess available alternatives that were considered; and ensure that any regulation is accessible, consistent, written in plain language, and easy to understand. The SEC shall: consider the impact of the regulation upon investor choice, market liquidity, and small business; and explain in its final rule the nature of comments received concerning the proposed rule or rule change as well as its response to those comments. The SEC shall: (1) review its existing regulations periodically to determine if they are outmoded, ineffective, insufficient, or excessively burdensome; and (2) modify, streamline, expand, or repeal them. Whenever it adopts or amends a major rule, the SEC shall state in its adopting release the regulation's purposes and intended consequences, the post-implementation quantitative and qualitative metrics to measure the regulation's economic impact, the assessment plan to be used under the supervision of the Chief Economist to assess whether the regulation has achieved those purposes, and any foreseeable unintended or negative consequences. The assessment plan must: (1) consider the regulation's costs, benefits, and intended and unintended consequences; and (2) specify the data to be collected, the methods for its collection and analysis, and an assessment completion date. The bill expresses the sense of Congress that the Public Company Accounting Oversight Board should also follow the requirements set forth by this bill.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Diabetic Retinopathy Prevention Act of 2003''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Type 2 diabetes affects 17,000,000 Americans, with over 1,000,000 new cases diagnosed each year, and costs the Nation an estimated $138,000,000,000 per year. (2) Diabetic retinopathy is the most common complication resulting from diabetes, and causes degradation in visual acuity and eventual blindness. Diabetic retinopathy is the leading cause of blindness in people aged 20 to 74, and up to 24,000 diabetics become legally blind each year. (3) Most individuals with diabetes will ultimately develop diabetic retinopathy, and the risk of diabetic retinopathy increases with the duration of diabetes. Onset of type 2 diabetes is today occurring at younger ages, which will increase the prevalence of diabetic retinopathy in the future. (4) Clinical trials have demonstrated that early detection and treatment of diabetic retinopathy can reduce vision loss by 90 percent, and remote assessment of diabetic retinopathy has the potential to reach large numbers of diabetic patients who live in rural, remote or underserved areas and who lack geographical or financial access to regular, in-office eye examinations by eye specialists. SEC. 3. MEDICARE COVERAGE OF REMOTE ASSESSMENT OF DIABETIC RETINOPATHY. (a) Coverage.--Section 1861 of the Social Security Act (42 U.S.C. 1395x) is amended-- (1) in paragraph (s)(1)-- (A) in subparagraph (U), by striking ``and'' at the end; (B) in subparagraph (V)(iii), by adding ``and'' at the end; and (C) by inserting after subparagraph (V) the following new subparagraph: ``(W) remote assessment of diabetic retinopathy (as defined in subsection (ww));''; and (2) by adding at the end the following new subsection: ``Remote Assessment of Diabetic Retinopathy ``(ww) The term `remote assessment of diabetic retinopathy' means a diagnostic examination of the retina for the purpose of early detection of diabetic retinopathy that-- ``(1) is provided not more frequently than on an annual basis to an individual who has been diagnosed with diabetes; ``(2) meets technical standards set forth by the Secretary (which shall be determined in consultation with industry and practitioner groups with expertise in ophthalmic photography, telemedicine, or related fields); and ``(3) is furnished via a telecommunications system by a physician (as defined in subsection (r)), a practitioner (described in section 1842(b)(18)(C) of this title), or a non- physician technician deemed to be qualified by the Secretary under the regulations promulgated pursuant to this Act, to an eligible patient enrolled under this part, notwithstanding that the individual physician or practitioner providing the service is not at the same location as the beneficiary.''. (b) Payment Notwithstanding Limitation on Store and Forward Technology.--Notwithstanding any limitations to the contrary that are set forth in section 1834(m)(1) of the Social Security Act (42 U.S.C. 1395m(m)(1)), the amendments made by subsection (a) shall be applicable to remote assessments of diabetic retinopathy that are furnished through the use of store-and-forward technologies that provide for the asynchronous transmission of health care information in single or multimedia formats. (c) Interim Payment Pending Publication of Final Rule.--For the period beginning 30 days after the date of the enactment of this Act and ending on the date the Secretary of Health and Human Services publishes a final regulation to carry out section 1861(s)(1)(W) of the Social Security Act, as added by subsection (a), the Secretary shall provide for payment of retinopathy assessments furnished under such section during such period, and assign such temporary HCPCS code as is necessary to provide for such payment. (d) Study on Reimbursement for Remote Assessments of Diabetic Retinopathy.--(1) Not later than 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services shall conduct a study on the costs incurred by health care providers to provide remote assessment of diabetic retinopathy services, including an analysis of-- (A) per-patient cost, and (B) start-up and administrative costs. (2) Not later than 2 years after the date of the enactment of this Act, the Secretary shall submit a report to Congress on the study conducted under paragraph (1) and shall include recommendations as respect to-- (A) the adequacy of reimbursements for remote assessment of diabetic retinopathy under the medicare program; and (B) whether the study under paragraph (1) should be repeated, and if so, how frequently. (e) Effective Date.--The amendments made by subsection (a) shall apply to assessments performed on or after the date that is 30 days after the date of the enactment of this Act. SEC. 4 MEDICAID COVERAGE OF REMOTE ASSESSMENT OF DIABETIC RETINOPATHY. (a) Requirement.--Section 1905(a)(13) of the Social Security Act (42 U.S.C. 1396d(a)(13)) is amended by inserting ``remote assessment of diabetic retinopathy (as defined in section 1861(s)(1)(ww)),'' after ``including''. (b) Effective Date.--The amendments made by subsection (a) shall apply to assessments performed on or after the date of the enactment of this Act. (c) State Compliance.--In the case of a State plan for medical assistance under title XIX of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation authorizing or appropriating funds) in order for the plan to meet the additional requirement imposed by the amendments made by subsection (a), the State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet this additional requirement before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature. SEC. 5. MOBILE DIABETIC RETINOPATHY SCREENING PILOT PROGRAM. Title III of the Public Health Service Act (42 U.S.C. 241 et seq.) is amended-- (1) by moving section 317R so that it follows section 317Q; and (2) by inserting after section 317R (as so moved) the following: ``SEC. 317S. MOBILE DIABETIC RETINOPATHY SCREENING PILOT PROGRAM. ``(a) In General.-- ``(1) Establishment.--The Secretary shall establish a grant program, to be known as the ``Mobile Diabetic Retinopathy Screening Pilot Program'', to make grants to 5 eligible entities for the purpose of establishing mobile diabetic retinopathy screening programs. ``(2) Use of funds.--The Secretary may not make a grant to an eligible entity under this section unless the entity agrees to use the grant to carry out a project consisting of the design, demonstration, and implementation of a mobile diabetic retinopathy screening program. ``(3) Maximum amount.--The Secretary may not make any grant under this section in an amount that is greater than $1,000,000 for any year. ``(4) Solicitation of applications.--Not later than 90 days after the date on which amounts are first made available to carry out this section, the Secretary shall publish a notice of solicitation for applications for grants under this section that specifies the information to be included in each application. ``(5) Applications.--To seek a grant under this section, an eligible entity shall submit an application to the Secretary at such time, in such form, and containing such information as the Secretary may require. ``(6) Priority.--In making grants under this section, the Secretary shall give priority to any applicant that-- ``(A) has experience in evaluating diabetic retinopathy using telecommunications equipment, including store and forward technologies; and ``(B) proposes to serve rural, impoverished, minority, and remote populations. ``(7) Congressional notification.--The Secretary may not make a grant under this section unless, not less than 3 days before making the grant, the Secretary provides notification of the grant to the appropriate committees of the Congress. ``(b) Evaluation and Report.-- ``(1) Evaluation.--Not later than 3 years after making the first grant under this section, the Secretary shall convene an advisory committee for the purposes of conducting an evaluation of the Mobile Diabetic Retinopathy Screening Pilot Program. In conducting the evaluation, the advisory committee shall determine-- ``(A) whether the Program has been effective in increasing early detection of diabetic retinopathy, whether preventative measures taken upon such detection have been effective in decreasing the prevalence and severity of diabetic retinopathy, and whether these findings warrant continued or expanded support of the Program; and ``(B) whether the program may serve as a useful model for similar screening programs to detect complications associated with diabetes, high blood pressure, high cholesterol, and other chronic conditions. ``(2) Report.--Not later than 42 months after making the first grant under this section, the Secretary shall submit a report to the appropriate committees of the Congress containing the results of the advisory committee's evaluation. ``(c) Definitions.--In this section: ``(1) Advisory committee.--The term `advisory committee' means the advisory committee convened under subsection (b). ``(2) Eligible entity.--The term `eligible entity' means-- ``(A) a hospital (as defined in section 1861(e) of the Social Security Act (42 U.S.C. 1395x(e))); or ``(B) a State, an institution of higher education, a local government, a tribal government, a nonprofit health organization, or a community health center receiving assistance under section 330. ``(3) Mobile diabetic retinopathy screening program.--The term `mobile diabetic retinopathy screening program' means any program-- ``(A) that offers remote assessment of diabetic retinopathy as described in Section 1861(s)(1) of the Social Security Act (42 U.S.C. 1395x); ``(B) whose patients primarily reside in rural, underserved, and remote areas; and ``(C) that is mobile (as determined by the Secretary). ``(4) Program.--The term `Program' means the Mobile Diabetic Retinopathy Screening Pilot Program established under this section. ``(d) Authorization of Appropriations.-- ``(1) In general.--There is authorized to be appropriated to carry out this section (except for subsection (b)) $5,000,000 for each of fiscal years 2005 through 2009. ``(2) Evaluation and report.--There are authorized to be appropriated to carry out subsection (b) such sums as may be necessary.''.	Diabetic Retinopathy Prevention Act of 2003 - Amends the Social Security Act to provide Medicare and Medicaid coverage for remote assessment diabetic retinopathy procedures. Amends the Public Health Service Act to direct the Secretary of Health and Human Services to establish a mobile diabetic retinopathy screening pilot program with five eligible entities (hospitals, States, Indian or local governments, institutions of higher education, nonprofit health organizations, or certain community health centers) serving patients primarily in rural underserved areas.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Marketplace Fairness Act of 2013''. SEC. 2. AUTHORIZATION TO REQUIRE COLLECTION OF SALES AND USE TAXES. (a) Streamlined Sales and Use Tax Agreement.--Each Member State under the Streamlined Sales and Use Tax Agreement is authorized to require all sellers not qualifying for the small seller exception described in subsection (c) to collect and remit sales and use taxes with respect to remote sales sourced to that Member State pursuant to the provisions of the Streamlined Sales and Use Tax Agreement, but only if the Streamlined Sales and Use Tax Agreement includes the minimum simplification requirements in subsection (b)(2). A State may exercise authority under this Act beginning 90 days after the State publishes notice of the State's intent to exercise the authority under this Act, but no earlier than the first day of the calendar quarter that is at least 90 days after the date of the enactment of this Act. (b) Alternative.--A State that is not a Member State under the Streamlined Sales and Use Tax Agreement is authorized notwithstanding any other provision of law to require all sellers not qualifying for the small seller exception described in subsection (c) to collect and remit sales and use taxes with respect to remote sales sourced to that State, but only if the State adopts and implements the minimum simplification requirements in paragraph (2). Such authority shall commence beginning no earlier than the first day of the calendar quarter that is at least 6 months after the date that the State-- (1) enacts legislation to exercise the authority granted by this Act-- (A) specifying the tax or taxes to which such authority and the minimum simplification requirements in paragraph (2) shall apply; and (B) specifying the products and services otherwise subject to the tax or taxes identified by the State under subparagraph (A) to which the authority of this Act shall not apply; and (2) implements each of the following minimum simplification requirements: (A) Provide-- (i) a single entity within the State responsible for all State and local sales and use tax administration, return processing, and audits for remote sales sourced to the State; (ii) a single audit of a remote seller for all State and local taxing jurisdictions within that State; and (iii) a single sales and use tax return to be used by remote sellers to be filed with the single entity responsible for tax administration. A State may not require a remote seller to file sales and use tax returns any more frequently than returns are required for nonremote sellers. No local jurisdiction may require a remote seller to submit a sales and use tax return or to collect sales and use taxes other than as provided by this paragraph. (B) Provide a uniform sales and use tax base among the State and the local taxing jurisdictions within the State pursuant to paragraph (1). (C) Source all interstate sales in compliance with the sourcing definition set forth in section 4(7). (D) Provide-- (i) information indicating the taxability of products and services along with any product and service exemptions from sales and use tax in the State and a rates and boundary database; (ii) software free of charge for remote sellers that calculates sales and use taxes due on each transaction at the time the transaction is completed, that files sales and use tax returns, and that is updated to reflect rate changes as described in subparagraph (H); and (iii) certification procedures for persons to be approved as certified software providers. For purposes of clause (iii), the software provided by certified software providers shall be capable of calculating and filing sales and use taxes in all States qualified under this Act. (E) Relieve remote sellers from liability to the State or locality for the incorrect collection, remittance, or noncollection of sales and use taxes, including any penalties or interest, if the liability is the result of an error or omission made by a certified software provider. (F) Relieve certified software providers from liability to the State or locality for the incorrect collection, remittance, or noncollection of sales and use taxes, including any penalties or interest, if the liability is the result of misleading or inaccurate information provided by a remote seller. (G) Relieve remote sellers and certified software providers from liability to the State or locality for incorrect collection, remittance, or noncollection of sales and use taxes, including any penalties or interest, if the liability is the result of incorrect information or software provided by the State. (H) Provide remote sellers and certified software providers with 90 days notice of a rate change by the State or any locality in the State and update the information described in subparagraph (D)(i) accordingly and relieve any remote seller or certified software provider from liability for collecting sales and use taxes at the immediately preceding effective rate during the 90-day notice period if the required notice is not provided. (c) Small Seller Exception.--A State is authorized to require a remote seller to collect sales and use taxes under this Act only if the remote seller has gross annual receipts in total remote sales in the United States in the preceding calendar year exceeding $1,000,000. For purposes of determining whether the threshold in this subsection is met-- (1) the sales of all persons related within the meaning of subsections (b) and (c) of section 267 or section 707(b)(1) of the Internal Revenue Code of 1986 shall be aggregated; or (2) persons with 1 or more ownership relationships shall also be aggregated if such relationships were designed with a principal purpose of avoiding the application of these rules. SEC. 3. LIMITATIONS. (a) In General.--Nothing in this Act shall be construed as-- (1) subjecting a seller or any other person to franchise, income, occupation, or any other type of taxes, other than sales and use taxes; (2) affecting the application of such taxes; or (3) enlarging or reducing State authority to impose such taxes. (b) No Effect on Nexus.--This Act shall not be construed to create any nexus between a person and a State or locality. (c) Licensing and Regulatory Requirements.--Nothing in this Act shall be construed as permitting or prohibiting a State from-- (1) licensing or regulating any person; (2) requiring any person to qualify to transact intrastate business; (3) subjecting any person to State or local taxes not related to the sale of goods or services; or (4) exercising authority over matters of interstate commerce. (d) No New Taxes.--Nothing in this Act shall be construed as encouraging a State to impose sales and use taxes on any goods or services not subject to taxation prior to the date of the enactment of this Act. (e) No Effect on Intrastate Sales.--The provisions of this Act shall apply only to remote sales and shall not apply to intrastate sales or intrastate sourcing rules. States granted authority under section 2(a) shall comply with all intrastate provisions of the Streamlined Sales and Use Tax Agreement. (f) No Effect on Mobile Telecommunications Sourcing Act.--Nothing in this Act shall be construed as altering in any manner or preempting the Mobile Telecommunications Sourcing Act (4 U.S.C. 116-126). SEC. 4. DEFINITIONS AND SPECIAL RULES. In this Act: (1) Certified software provider.--The term ``certified software provider'' means a person that-- (A) provides software to remote sellers to facilitate State and local sales and use tax compliance pursuant to section 2(b)(2)(D); and (B) is certified by a State to so provide such software. (2) Locality; local.--The terms ``locality'' and ``local'' refer to any political subdivision of a State. (3) Member state.--The term ``Member State''-- (A) means a Member State as that term is used under the Streamlined Sales and Use Tax Agreement as in effect on the date of the enactment of this Act; and (B) does not include any associate member under the Streamlined Sales and Use Tax Agreement. (4) Person.--The term ``person'' means an individual, trust, estate, fiduciary, partnership, corporation, limited liability company, or other legal entity, and a State or local government. (5) Remote sale.--The term ``remote sale'' means a sale into a State in which the seller would not legally be required to pay, collect, or remit State or local sales and use taxes unless provided by this Act. (6) Remote seller.--The term ``remote seller'' means a person that makes remote sales in the State. (7) Sourced.--For purposes of a State granted authority under section 2(b), the location to which a remote sale is sourced refers to the location where the item sold is received by the purchaser, based on the location indicated by instructions for delivery that the purchaser furnishes to the seller. When no delivery location is specified, the remote sale is sourced to the customer's address that is either known to the seller or, if not known, obtained by the seller during the consummation of the transaction, including the address of the customer's payment instrument if no other address is available. If an address is unknown and a billing address cannot be obtained, the remote sale is sourced to the address of the seller from which the remote sale was made. A State granted authority under section 2(a) shall comply with the sourcing provisions of the Streamlined Sales and Use Tax Agreement. (8) State.--The term ``State'' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, the Commonwealth of the Northern Mariana Islands, and any other territory or possession of the United States. (9) Streamlined sales and use tax agreement.--The term ``Streamlined Sales and Use Tax Agreement'' means the multi- State agreement with that title adopted on November 12, 2002, as in effect on the date of the enactment of this Act and as further amended from time to time. SEC. 5. SEVERABILITY. If any provision of this Act or the application of such provision to any person or circumstance is held to be unconstitutional, the remainder of this Act and the application of the provisions of such to any person or circumstance shall not be affected thereby. SEC. 6. PREEMPTION. Except as otherwise provided in this Act, this Act shall not be construed to preempt or limit any power exercised or to be exercised by a State or local jurisdiction under the law of such State or local jurisdiction or under any other Federal law.	Marketplace Fairness Act of 2013 - Authorizes each member state under the Streamlined Sales and Use Tax Agreement (the multistate agreement for the administration and collection of sales and use taxes adopted on November 12, 2002) to require all sellers not qualifying for a small-seller exception (applicable to sellers with annual gross receipts in total U.S. remote sales not exceeding $1 million) to collect and remit sales and use taxes with respect to remote sales under provisions of the Agreement, but only if such Agreement includes minimum simplification requirements relating to the administration of the tax, audits, and streamlined filing. Defines "remote sale" as a sale of goods or services into a state in which the seller would not legally be required to pay, collect, or remit state or local sales and use taxes unless provided by this Act.
SECTION 1. SHORT TITLE. This Act may be cited as the ``National Fish and Wildlife Foundation Establishment Act Amendments of 1998''. SEC. 2. PURPOSES. Section 2(b) of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3701(b)) is amended by striking paragraph (1) and inserting the following: ``(1) to encourage, accept, and administer private gifts of property for the benefit of, or in connection with, the activities and services of the Department of the Interior or the Department of Commerce, particularly the United States Fish and Wildlife Service and the National Oceanic and Atmospheric Administration, to further the conservation and management of fish, wildlife, and plant resources;''. SEC. 3. BOARD OF DIRECTORS OF THE FOUNDATION. (a) Establishment and Membership.--Section 3 of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3702) is amended by striking subsection (a) and inserting the following: ``(a) Establishment and Membership.-- ``(1) In general.--The Foundation shall have a governing Board of Directors (referred to in this Act as the `Board'), which shall consist of 25 Directors appointed in accordance with subsection (b), each of whom shall be a United States citizen. ``(2) Representation of diverse points of view.--To the maximum extent practicable, the membership of the Board shall represent diverse points of view relating to conservation and management of fish, wildlife, and plants. ``(3) Not federal employees.--Appointment as a Director of the Foundation shall not constitute employment by, or the holding of an office of, the United States for the purpose of any Federal law.''. (b) Appointment and Terms.--Section 3 of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3702) is amended by striking subsection (b) and inserting the following: ``(b) Appointment and Terms.-- ``(1) Agency heads.--The Director of the United States Fish and Wildlife Service and the Under Secretary of Commerce for Oceans and Atmosphere shall be Directors of the Foundation. ``(2) Appointments by the secretary of the interior.-- ``(A) In general.--Subject to subparagraph (B), after consulting with the Secretary of Commerce and considering the recommendations submitted by the Board, the Secretary of the Interior shall appoint 23 Directors who meet the criteria established by subsection (a), of whom-- ``(i) at least 6 shall be knowledgeable or experienced in fish and wildlife conservation; ``(ii) at least 4 shall be educated or experienced in the principles of fish and wildlife management; and ``(iii) at least 4 shall be knowledgeable or experienced in ocean and coastal resource conservation. ``(B) Transition provision.-- ``(i) Continuation of terms.--The 15 Directors serving on the Board as of the date of enactment of this paragraph shall continue to serve until the expiration of their terms. ``(ii) New directors.--The Secretary of the Interior shall appoint 8 new Directors; to the maximum extent practicable those appointments shall be made not later than 45 calendar days after the date of enactment of this paragraph. ``(3) Terms.-- ``(A) In general.--Subject to subparagraph (B), each Director (other than a Director described in paragraph (1)) shall be appointed for a term of 6 years. ``(B) Initial appointments to new member positions.--Of the Directors appointed by the Secretary of the Interior under paragraph (2)(B)(ii), the Secretary shall appoint-- ``(i) 2 Directors for a term of 2 years; ``(ii) 3 Directors for a term of 4 years; and ``(iii) 3 Directors for a term of 6 years. ``(4) Vacancies.-- ``(A) In general.--The Secretary of the Interior shall fill a vacancy on the Board; to the maximum extent practicable the vacancy shall be filled not later than 45 calendar days after the occurrence of the vacancy. ``(B) Term of appointments to fill unexpired terms.--An individual appointed to fill a vacancy that occurs before the expiration of the term of a Director shall be appointed for the remainder of the term. ``(5) Reappointment.--An individual (other than an individual described in paragraph (1)) shall not serve more than 2 consecutive terms as a Director, excluding any term of less than 6 years.''. (c) Procedural Matters.--Section 3 of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3702) is amended by adding at the end the following: ``(h) Procedural Matters.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Foundation.''. (d) Technical Amendments.-- (1) Section 4(c)(5) of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3703(c)(5)) is amended by striking ``Directors of the Board'' and inserting ``Directors of the Foundation''. (2) Section 6 of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3705) is amended by striking ``Secretary'' and inserting ``Secretary of the Interior or the Secretary of Commerce''. (3) Section 6 of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3705) is amended by inserting ``or the Department of Commerce'' after ``Department of the Interior''. SEC. 4. RIGHTS AND OBLIGATIONS OF THE FOUNDATION. (a) Principal Office of the Foundation.--Section 4(a)(3) of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3703(a)(3)) is amended by inserting after ``the District of Columbia'' the following: ``or in a county in the State of Maryland or Virginia that borders on the District of Columbia''. (b) Investment and Deposit of Federal Funds.--Section 4(c) of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3703(c)) is amended-- (1) by redesignating paragraphs (3) through (7) as paragraphs (7) through (11), respectively; and (2) by inserting after paragraph (2) the following: ``(3) to invest any funds provided to the Foundation by the Federal Government in obligations of the United States or in obligations or securities that are guaranteed or insured by the United States; ``(4) to deposit any funds provided to the Foundation by the Federal Government into accounts that are insured by an agency or instrumentality of the United States; ``(5) to make use of any interest or investment income that accrues as a consequence of actions taken under paragraph (3) or (4) to carry out the purposes of the Foundation; ``(6) to use Federal funds to make payments under cooperative agreements entered into with willing private landowners to provide substantial long-term benefits for the restoration or enhancement of fish, wildlife, and plant resources on private land;''. (c) Agency Approval of Acquisitions of Property.--Section 4(e)(1) of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3703(e)(1)) is amended by striking subparagraph (B) and inserting the following: ``(B) the Foundation notifies the Federal agency that administers the program under which the funds were provided of the proposed acquisition, and the agency does not object in writing to the proposed acquisition within 45 calendar days after the date of the notification.''. (d) Repeal.--Section 304 of Public Law 102-440 (16 U.S.C. 3703 note) is repealed. (e) Agency Approval of Conveyances and Grants.--Section 4(e)(3)(B) of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3703(e)(3)(B)) is amended by striking clause (ii) and inserting the following: ``(ii) the Foundation notifies the Federal agency that administers the Federal program under which the funds were provided of the proposed conveyance or provision of Federal funds, and the agency does not object in writing to the proposed conveyance or provision of Federal funds within 45 calendar days after the date of the notification.''. (f) Reconveyance of Real Property.--Section 4(e) of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3703(e)) is amended by striking paragraph (5) and inserting the following: ``(5) Reconveyance of real property.--The Foundation shall convey at not less than fair market value any real property acquired by the Foundation in whole or in part with Federal funds if the Foundation notifies the Federal agency that administers the Federal program under which the funds were provided, and the agency does not disagree within 45 calendar days after the date of the notification, that-- ``(A) the property is no longer valuable for the purpose of conservation or management of fish, wildlife, and plants; and ``(B) the purposes of the Foundation would be better served by use of the proceeds of the conveyance for other authorized activities of the Foundation.''. (g) Termination of Condemnation Limitation.--Section 4 of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3703) is amended by striking subsection (d). (h) Expenditures for Printing Services or Capital Equipment.-- Section 4 of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3703) (as amended by subsection (g)) is amended by inserting after subsection (c) the following: ``(d) Expenditures for Printing Services or Capital Equipment.--The Foundation shall not make any expenditure of Federal funds in connection with any 1 transaction for printing services or capital equipment that is greater than $10,000 unless the expenditure is approved by the Federal agency that administers the Federal program under which the funds were provided.''. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. Section 10 of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3709) is amended by striking subsections (a), (b), and (c) and inserting the following: ``(a) Authorization of Appropriations.-- ``(1) In general.--There are authorized to be appropriated to carry out this Act for each of fiscal years 1999 through 2003-- ``(A) $25,000,000 to the Department of the Interior; and ``(B) $5,000,000 to the Department of Commerce. ``(2) Requirement of advance payment.--The amount made available for a fiscal year under paragraph (1) shall be provided to the Foundation in an advance payment of the entire amount on October 1, or as soon as practicable thereafter, of the fiscal year. ``(3) Use of appropriated funds.--Subject to paragraph (4), amounts made available under paragraph (1) shall be provided to the Foundation for use for matching, on a 1-to-1 basis, contributions (whether in currency, services, or property) made to the Foundation by private persons and State and local government agencies. ``(4) Prohibition on use for administrative expenses.--No Federal funds made available under paragraph (1) shall be used by the Foundation for administrative expenses of the Foundation, including for salaries, travel and transportation expenses, and other overhead expenses. ``(b) Additional Authorization.-- ``(1) In general.--In addition to the amounts authorized to be appropriated under subsection (a), the Foundation may accept Federal funds from a Federal agency under any other Federal law for use by the Foundation to further the conservation and management of fish, wildlife, and plant resources in accordance with the requirements of this Act. ``(2) Use of funds accepted from federal agencies.--Federal funds provided to the Foundation under paragraph (1) shall be used by the Foundation for matching, in whole or in part, contributions (whether in currency, services, or property) made to the Foundation by private persons and State and local government agencies. ``(c) Prohibition on Use of Grant Amounts for Litigation and Lobbying Expenses.--Amounts provided as a grant by the Foundation shall not be used for-- ``(1) any expense related to litigation; or ``(2) any activity the purpose of which is to influence legislation pending before Congress.''. SEC. 6. LIMITATION ON AUTHORITY. The National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3701 et seq.) is amended by adding at the end the following: ``SEC. 11. LIMITATION ON AUTHORITY. ``Nothing in this Act authorizes the Foundation to perform any function the authority for which is provided to the National Park Foundation by Public Law 90-209 (16 U.S.C. 19e et seq.).''. Passed the Senate October 6 (legislative day, October 2), 1998. Attest: GARY SISCO, Secretary.	National Fish and Wildlife Foundation Establishment Act Amendments of 1998 - Amends the National Fish and Wildlife Foundation Establishment Act (the Act) to expand the National Fish and Wildlife Foundation's authority to accept and administer private gifts within the Departments of Commerce and the Interior. (Sec. 3) Increases the Foundation's Board of Directors from 15 to 25 members, including the Director of the United States Fish and Wildlife Service and the Under Secretary of Commerce for Oceans and Atmosphere. (Sec. 4) Authorizes the Foundation to have its principal offices in Washington, D.C. (as currently provided), or in the bordering counties of Maryland and Virginia. Sets forth conditions for the Foundation to: (1) acquire and convey property, including agency approval; and (2) invest and deposit Federal funds. Revises provisions relating to agency approval of acquisitions of property and of conveyances and grants. Sets forth limitations relating to the Foundation's: (1) reconveyance of real property; and (2) expenditures for printing services or capital equipment. Repeals an exemption from State or local government condemnation for Foundation lands, water, and interests valuable for fish and wildlife conservation or management. Amends the Wild Bird Conservation Act of 1992 to repeal specified grant and audit provisions with respect to the Foundation. (Sec. 5) Authorizes appropriations through FY 2003 for the Departments of Commerce and the Interior to carry out activities under the Act. Authorizes the Foundation to accept funds from a Federal agency under any other Federal law to further its conservation activities. Sets forth matching fund requirements. Prohibits Foundation grants from being used for litigation expenses or for lobbying the Congress. (Sec. 6) Declares that nothing in the Act authorizes the Foundation to perform any function for which authority is provided to the National Park Foundation by specified Federal law.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Care Access for Small Businesses Act of 2004''. SEC. 2. THREE-SHARE PROGRAMS. The Social Security Act (42 U.S.C. 301 et seq.) is amended by adding at the end the following: ``TITLE XXII--PROVIDING FOR THE UNINSURED ``SEC. 2201. THREE-SHARE PROGRAMS. ``(a) Pilot Programs.--The Secretary, acting through the Administrator, shall award grants under this section for the startup and operation of 50 eligible three-share pilot programs for a 5-year period. ``(b) Grants for Three-Share Programs.-- ``(1) Establishment.--The Administrator may award grants to eligible entities-- ``(A) to establish three-share programs; ``(B) to provide for contributions to the premiums assessed for coverage under a three-share program as provided for in subsection (c)(2)(B)(iii); and ``(C) to establish risk pools. ``(2) Three-share program plan.--Each entity desiring a grant under this subsection shall develop a plan for the establishment and operation of a three-share program that meets the requirements of paragraphs (2) and (3) of subsection (c). ``(3) Application.--Each entity desiring a grant under this subsection shall submit an application to the Administrator at such time, in such manner and containing such information as the Administrator may require, including-- ``(A) the three-share program plan described in paragraph (2); and ``(B) an assurance that the eligible entity will-- ``(i) determine a benefit package; ``(ii) recruit businesses and employees for the three-share program; ``(iii) build and manage a network of health providers or contract with an existing network or licensed insurance provider; ``(iv) manage all administrative needs; and ``(v) establish relationships among community, business, and provider interests. ``(4) Priority.--In awarding grants under this section the Secretary shall give priority to an applicant-- ``(A) that is an existing three-share program; ``(B) that is an eligible three-share program that has demonstrated community support; or ``(C) that is located in a State with insurance laws and regulations that permit three-share program expansion. ``(c) Grant Eligibility.-- ``(1) In general.--The Secretary, acting through the Administrator, shall promulgate regulations providing for the eligibility of three-share programs for participation in the pilot program under this section. ``(2) Three-share program requirements.-- ``(A) In general.--To be determined to be an eligible three-share program for purposes of participation in the pilot program under this section a three-share program shall-- ``(i) be either a non-profit or local governmental entity; ``(ii) define the region in which such program will provide services; ``(iii) have the capacity to carry out administrative functions of managing health plans, including monthly billings, verification/enrollment of eligible employers and employees, maintenance of membership rosters, development of member materials (such as handbooks and identification cards), customer service, and claims processing; and ``(iv) have demonstrated community involvement. ``(B) Payment.--To be eligible under paragraph (1), a three-share program shall pay the costs of services provided under subparagraph (A)(ii) by charging a monthly premium for each covered individual to be divided as follows: ``(i) Not more than 30 percent of such premium shall be paid by a qualified employee desiring coverage under the three-share program. ``(ii) Not more than 30 percent of such premium shall be paid by the qualified employer of such a qualified employee. ``(iii) At least 40 percent of such premium shall be paid from amounts provided under a grant under this section. ``(iv) Any remaining amount shall be paid by the three-share program from other public, private, or charitable sources. ``(C) Program flexibility.--A three-share program may set an income eligibility guideline for enrollment purposes. ``(3) Coverage.-- ``(A) In general.--To be an eligible three-share program under this section, the three-share program shall provide at least the following benefits: ``(i) Physicians services. ``(ii) In-patient hospital services. ``(iii) Out-patient services. ``(iv) Emergency room visits. ``(v) Emergency ambulance services. ``(vi) Diagnostic lab fees and x-rays. ``(vii) Prescription drug benefits. ``(B) Limitation.--Nothing in subparagraph (A) shall be construed to require that a three-share program provide coverage for services performed outside the region described in paragraph (2)(A)(i). ``(C) Preexisting conditions.--A program described in subparagraph (A) shall not be an eligible three- share program under paragraph (1) if any individual can be excluded from coverage under such program because of a preexisting health condition. ``(d) Grants for Existing Three-Share Programs To Meet Certification Requirements.-- ``(1) In general.--The Administrator may award grants to three-share programs that are operating on the date of enactment of this section. ``(2) Application.--Each eligible entity desiring a grant under this subsection shall submit an application to the Administrator at such time, in such manner, and containing such information as the Administrator may require. ``(e) Application of State Laws.--Nothing in this section shall be construed to preempt State law. ``(f) Distressed Business Formula.-- ``(1) In general.--Not later than 60 days after the date of enactment of this section, the Administrator of the Health Resources and Services Administration shall develop a formula to determine which businesses qualify as distressed businesses for purposes of this section. ``(2) Effect on insurance market.--Granting eligibility to a distressed business using the formula under paragraph (1) shall not interfere with the insurance market. Any business found to have reduced benefits to qualify as a distressed business under the formula under paragraph (1) shall not be eligible to be a three-share program for purposes of this section. ``(g) Definitions.--In this section: ``(1) Administrator.--The term `Administrator' means the Administrator of the Health Resources and Services Administration. ``(2) Covered individual.--The term `covered individual' means-- ``(A) a qualified employee; or ``(B) a child under the age of 23 or a spouse of such qualified employee who-- ``(i) lacks access to health care coverage through their employment or employer; ``(ii) lacks access to health coverage through a family member; ``(iii) is not eligible for coverage under the medicare program under title XVIII or the medicaid program under title XIX; and ``(iv) does not qualify for benefits under the State Children's Health Insurance Program under title XXI. ``(3) Distressed business.--The term `distressed business' means a business that-- ``(A) in light of economic hardship and rising health care premiums may be forced to discontinue or scale back its health care coverage; and ``(B) qualifies as a distressed business according to the formula under subsection (g). ``(4) Eligible entity.--The term `eligible entity' means an entity that meets the requirements of subsection (a)(2)(A). ``(5) Qualified employee.--The term `qualified employee' means any individual employed by a qualified employer who meets certain criteria including-- ``(A) lacking access to health coverage through a family member or common law partner; ``(B) not being eligible for coverage under the medicare program under title XVIII or the medicaid program under title XIX; and ``(C) agreeing that the share of fees described in subsection (a)(2)(B)(i) shall be paid in the form of payroll deductions from the wages of such individual. ``(6) Qualified employer.--The term `qualified employer' means an employer as defined in section 3(d) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(d)) who-- ``(A) is a small business concern as defined in section 3(a) of the Small Business Act (15 U.S.C. 632); ``(B) is located in the region described in subsection (a)(2)(A)(i); and ``(C) has not contributed to the health care benefits of its employees for at least 12 months consecutively or currently provides insurance but is classified as a distressed business. ``(h) Evaluation.--Not later than 90 days after the end of the 5- year period during which grants are available under this section, the General Accounting Office shall submit to the Secretary and the appropriate committees of Congress a report concerning-- ``(1) the effectiveness of the programs established under this section; ``(2) the number of individuals covered under such programs; ``(3) any resulting best practices; and ``(4) the level of community involvement. ``(i) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $100,000,000 for each of fiscal years 2005 through 2010.''.	Health Care Access for Small Businesses Act of 2004 - Amends the Social Security Act to create a new title XXII to address health insurance coverage for small businesses. Requires the Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration, to award grants for the startup and operation of 50 eligible three-share (three-way health insurance premium sharing between employer, employee, and the community) pilot programs for a five-year period. Authorizes the use of grants to establish three-share programs, provide for contributions to premiums assessed for coverage under such programs, and establish risk pools. Requires grant applicants to: (1) be either nonprofits or local governmental entities; (2) define the program's service region; (3) have the capacity to carry out administrative functions associated with managing health plans; and (4) have demonstrated community involvement. Requires programs to pay for the costs of services through monthly premiums, divided according to specified percentages. Sets forth minimal coverage requirements for three-share program eligibility. Requires the Administrator to develop a formula to determine which businesses qualify as distressed businesses for purposes of this Act. Directs the General Accounting Office to submit a report to the Secretary and appropriate congressional committees after the grant period has ended.
SECTION 1. APPROVAL OF THE AGREEMENT BETWEEN THE UNITED STATES AND THE REPUBLIC OF PALAU. (a) Definitions.--In this section: (1) Agreement.--The term ``Agreement'' means the Agreement and appendices signed by the United States and the Republic of Palau on September 3, 2010. (2) Compact of free association.--The term ``Compact of Free Association'' means the Compact of Free Association between the Government of the United States of America and the Government of Palau (48 U.S.C. 1931 note; Public Law 99-658). (b) Results of Compact Review.-- (1) In general.--Title I of Public Law 99-658 (48 U.S.C. 1931 et seq.) is amended by adding at the end the following: ``SEC. 105. RESULTS OF COMPACT REVIEW. ``(a) In General.--The Agreement and appendices signed by the United States and the Republic of Palau on September 3, 2010 (referred to in this section as the `Agreement'), in connection with section 432 of the Compact of Free Association between the Government of the United States of America and the Government of Palau (48 U.S.C. 1931 note; Public Law 99-658) (referred to in this section as the `Compact of Free Association'), are approved-- ``(1) except for the extension of article X of the Agreement Regarding Federal Programs and Services, and Concluded Pursuant to article II of title II and section 232 of the Compact of Free Association; and ``(2) subject to the provisions of this section. ``(b) Withholding of Funds.--If the Republic of Palau withdraws more than $5,000,000 from the trust fund established under section 211(f) of the Compact of Free Association in any of fiscal years 2011, 2012, or 2013, amounts payable under sections 1, 2(a), 3, and 4(a), of the Agreement shall be withheld from the Republic of Palau until the date on which the Republic of Palau reimburses the trust fund for the total amounts withdrawn that exceeded $5,000,000 in any of those fiscal years. ``(c) Funding for Certain Provisions Under Section 105 of Compact of Free Association.--Within 30 days of enactment of this section, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary of the Interior such sums as are necessary for the Secretary of the Interior to implement sections 1, 2(a), 3, 4(a), and 5 of the Agreement, which sums shall remain available until expended without any further appropriation. ``(d) Authorizations of Appropriations.--There are authorized to be appropriated-- ``(1) to the Secretary of the Interior to subsidize postal services provided by the United States Postal Service to the Republic of Palau, the Republic of the Marshall Islands, and the Federated States of Micronesia $1,500,000 for each of fiscal years 2014 through 2024, to remain available until expended; and ``(2) to the head of each Federal entity described in paragraphs (1), (3), and (4) of section 221(a) of the Compact of Free Association (including the successor of each Federal entity) to carry out the responsibilities of the Federal entity under section 221(a) of the Compact of Free Association such sums as are necessary, to remain available until expended.''. (2) Offset.--Section 3 of the Act of June 30, 1954 (68 Stat. 330, 82 Stat. 1213, chapter 423), is repealed. (c) Payment Schedule; Withholding of Funds; Funding.-- (1) Compact section 211(f) fund.--Section 1 of the Agreement shall be construed as though the section reads as follows: ``SECTION 1. COMPACT SECTION 211(F) FUND. ``The Government of the United States of America (the `Government of the United States') shall contribute $30,250,000 to the Fund referred to in section 211(f) of the Compact in accordance with the following schedule-- ``(1) $11,000,000 in fiscal year 2014; ``(2) $3,000,000 in each of fiscal years 2015 through 2017; ``(3) $2,000,000 in each of fiscal years 2018 through 2022; and ``(4) $250,000 in fiscal year 2023.''. (2) Infrastructure maintenance fund.--Subsection (a) of section 2 of the Agreement shall be construed as though the subsection reads as follows: ``(a) The Government of the United States shall provide a grant of $6,912,000 for fiscal year 2014 and a grant of $2,000,000 annually from the beginning of fiscal year 2015 through fiscal year 2024 to create a trust fund (the `Infrastructure Maintenance Fund') to be used for the routine and periodic maintenance of major capital improvement projects financed by funds provided by the United States. The Government of the Republic of Palau will match the contributions made by the United States by making contributions of $150,000 to the Infrastructure Maintenance Fund on a quarterly basis from the beginning of fiscal year 2014 through fiscal year 2024. Implementation of this subsection shall be carried out in accordance with the provisions of Appendix A to this Agreement.''. (3) Fiscal consolidation fund.--Section 3 of the Agreement shall be construed as though the section reads as follows: ``SEC. 3. FISCAL CONSOLIDATION FUND. ``The Government of the United States shall provide the Government of Palau $10,000,000 in fiscal year 2014 for deposit in an interest bearing account to be used to reduce government arrears of Palau. Implementation of this section shall be carried out in accordance with the provisions of Appendix B to this Agreement.''. (4) Direct economic assistance.--Subsection (a) of section 4 of the Agreement shall be construed as though the subsection reads as follows: ``(a) In addition to the economic assistance of $13,147,000 provided to the Government of Palau by the Government of the United States in each of fiscal years 2010, 2011, 2012, and 2013, and unless otherwise specified in this Agreement or in an Appendix to this Agreement, the Government of the United States shall provide the Government of Palau $69,250,000 in economic assistance as follows-- ``(1) $12,000,000 in fiscal year 2014; ``(2) $11,500,000 in fiscal year 2015; ``(3) $10,000,000 in fiscal year 2016; ``(4) $8,500,000 in fiscal year 2017; ``(5) $7,250,000 in fiscal year 2018; ``(6) $6,000,000 in fiscal year 2019; ``(7) $5,000,000 in fiscal year 2020; ``(8) $4,000,000 in fiscal year 2021; ``(9) $3,000,000 in fiscal year 2022; and ``(10) $2,000,000 in fiscal year 2023. The funds provided in any fiscal year under this subsection for economic assistance shall be provided in 4 quarterly payments (30 percent in the first quarter, 30 percent in the second quarter, 20 percent in the third quarter, and 20 percent in the fourth quarter) unless otherwise specified in this Agreement or in an Appendix to this Agreement.''. (5) Infrastructure projects.--Section 5 of the Agreement shall be construed as though the section reads as follows: ``SEC. 5. INFRASTRUCTURE PROJECTS. ``The Government of the United States shall provide grants totaling $40,000,000 to the Government of Palau as follows: $30,000,000 in fiscal year 2014; and $5,000,000 annually in each of fiscal years 2015 and 2016; towards 1 or more mutually agreed infrastructure projects in accordance with the provisions of Appendix C to this Agreement.''. (d) Continuing Programs and Laws.--Section 105(f)(1)(B)(ix) of the Compact of Free Association Amendments Act of 2003 (48 U.S.C. 192ld(f)(1)(B)(ix)) is amended by striking ``2009'' and inserting ``2024''. (e) Passport Requirement.--Section 141 of Article IV of Title One of the Compact of Free Association shall be construed and applied as if it read as follows: ``SEC. 141. PASSPORT REQUIREMENT. ``(a) Any person in the following categories may be admitted to, lawfully engage in occupations, and establish residence as a nonimmigrant in the United States and its territories and possessions without regard to paragraphs (5) or (7)(B)(i)(II) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(5) or (a)(7)(B)(i)(II)), provided that the passport presented to satisfy section 212(a)(7)(B)(i)(I) of such Act is a valid unexpired machine- readable passport that satisfies the internationally accepted standard for machine readability-- ``(1) a person who, on September 30, 1994, was a citizen of the Trust Territory of the Pacific Islands, as defined in title 53 of the Trust Territory Code in force on January 1, 1979, and has become and remains a citizen of Palau; ``(2) a person who acquires the citizenship of Palau, at birth, on or after the effective date of the Constitution of Palau; or ``(3) a naturalized citizen of Palau, who has been an actual resident of Palau for not less than five years after attaining such naturalization and who holds a certificate of actual residence. ``(b) Such persons shall be considered to have the permission of the Secretary of Homeland Security of the United States to accept employment in the United States. ``(c) The right of such persons to establish habitual residence in a territory or possession of the United States may, however, be subjected to non-discriminatory limitations provided for-- ``(1) in statutes or regulations of the United States; or ``(2) in those statutes or regulations of the territory or possession concerned which are authorized by the laws of the United States. ``(d) Section 141(a) does not confer on a citizen of Palau the right to establish the residence necessary for naturalization under the Immigration and Nationality Act, or to petition for benefits for alien relatives under that Act. Section 141(a), however, shall not prevent a citizen of Palau from otherwise acquiring such rights or lawful permanent resident alien status in the United States.''.	Approves, with specified exceptions, the agreement and appendices signed by the United States and the Republic of Palau on September 3, 2010, in connection with the Compact of Free Association between the United States and Palau. Provides that, if Palau withdraws more than $5 million from the trust fund set up by the Compact in any of FY2011-FY2014, certain amounts will be withheld from Palau until it reimburses the fund for the total amounts withdrawn that exceeded $5 million in any of those fiscal years. Authorizes appropriations to: (1) subsidize postal services to Palau, the Republic of the Marshall Islands, and the Federated States of Micronesia for FY2014-FY2024, and (2) carry out specified federal responsibilities under the Compact. Repeals specified offset requirements. Provides funding through FY2023 for: (1) the trust fund, and (2) economic assistance. Provides funding through FY2024 to create an Infrastructure Maintenance Fund for routine and periodic maintenance of major capital improvement projects. (Requires Palau to provide specified quarterly amounts for the Fund.) Provides funding through FY2016 for infrastructure projects. Revises passport requirements.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Medical Laboratory Personnel Shortage Act of 2005''. SEC. 2. RESPONSE TO SHORTAGE OF MEDICAL LABORATORY PERSONNEL; PROGRAMS OF HEALTH RESOURCES AND SERVICES ADMINISTRATION. (a) Scholarship and Loan Repayment Programs.--Section 737 of the Public Health Service Act (42 U.S.C. 293a)) is amended by adding at the end the following subsection: ``(e) Scholarship and Loan Repayment Program for Medical Technologists, Medical Laboratory Technicians, and Other Medical Laboratory Personnel.-- ``(1) In general.--The Secretary shall establish a program of scholarships and loan repayment for the purpose of alleviating the shortage of medical laboratory personnel. The scholarship and loan repayment program shall include a period of obligated service for recipients in a designated health professional shortage area, or other area where there is a shortage of medical laboratory personnel. The Secretary may model the program after the scholarship and loan repayment programs under sections 338A and 338B. ``(2) Eligible entities.--Schools of allied health, and health care institution-based programs training medical laboratory personnel, are eligible to receive awards under paragraph (1). ``(3) Authorization of appropriations.--For the purpose of carrying out this subsection, there are authorized to be appropriated $11,193,000 in fiscal year 2006, and such sums as may be necessary for each of the fiscal years 2007 through 2010. Such authorization is in addition to other authorizations of appropriations that are available for such purpose.''. (b) Other Programs Under Title VII.-- (1) Allied health and other disciplines.-- (A) Preference in making awards; public service announcements.--Section 755 of the Public Health Service Act (42 U.S.C. 294e)) is amended by adding at the end the following subsections: ``(c) Preference in Making Awards.--In making awards of grants and contracts under subsection (a), the Secretary shall give preference to making awards to assist entities in meeting the costs associated with expanding or establishing programs that will increase the number of individuals trained as medical laboratory personnel. ``(d) Public Service Announcements.--The Secretary shall develop and issue public service announcements that advertise and promote medical laboratory personnel careers, highlight the advantages and rewards of medical laboratory personnel careers, and encourage individuals to enter medical laboratory personnel careers.''. (B) Authorization of appropriations.--Section 757 of the Public Health Service Act (42 U.S.C. 294g(a)) is amended by adding at the end the following subsection: ``(d) Allied Health and Other Disciplines.--For the purpose of carrying out section 755, there are authorized to be appropriated $100,000,000 for fiscal year 2006, and such sums as may be necessary for each of the fiscal years 2007 through 2010. Such authorization is in addition to the authorizations of appropriations under subsection (a) that are available for such purpose.''. (2) Other title vii programs.--Section 740 of the Public Health Service Act (42 U.S.C. 293d) is amended-- (A) by redesignating subsection (d) as subsection (e); and (B) by inserting after subsection (c) the following subsection: ``(d) Medical Laboratory Personnel.--For the purpose of increasing the number of individuals trained as medical laboratory personnel through making awards of grants or contracts under sections 737 through 739 for appropriate schools of allied health, there are authorized to be appropriated, in addition to authorizations of appropriations under subsections (a) through (c) that are available for such purpose, the following: ``(1) For awards under section 738 to serve as members of the faculty of such schools, $332,500 for fiscal year 2006, and such sums as may be necessary for each of the fiscal years 2007 through 2010. ``(2) For awards under section 739 to such schools, $8,200,000 for fiscal year 2006, and such sums as may be necessary for each of the fiscal years 2007 through 2010.''. (3) Definition of medical laboratory personnel.--Section 799B of the Public Health Service Act (42 U.S.C. 295p) is amended by adding at the end the following: ``(12) The term `medical laboratory personnel' means allied health professionals (as defined in paragraph (5)) who are medical technologists, cytotechnologists, histotechnologists, phlebotomists, or medical laboratory technicians, or who are in other fields that, within the meaning of section 353(a) (relating to the certification of clinical laboratories), examine materials derived from the human body for the purpose of providing information for the diagnosis, prevention, or treatment of any disease or impairment of, or the assessment of the health of, human beings.''. SEC. 3. RESPONSE TO SHORTAGE OF MEDICAL LABORATORY PERSONNEL; PROGRAMS OF CENTERS FOR DISEASE CONTROL AND PREVENTION. Title XV of the Public Health Service Act (42 U.S.C. 300k et seq.) is amended by inserting after section 1509 the following section: ``SEC. 1509A. SHORTAGE OF TECHNOLOGISTS FOR LABORATORY ANALYSIS REGARDING SCREENING FOR CERVICAL CANCER. ``(a) In General.--The Secretary, acting through the Administrator of the Health Resources and Services Administration and in collaboration with the Director of the Centers for Disease Control and Prevention, shall make grants to appropriate public and nonprofit private entities to provide training to increase the number of cytotechnologists who are available with respect to screening women for cervical cancer. ``(b) Funding.-- ``(1) In general.--Subject to paragraph (2), for the purpose of carrying out this section, there are authorized to be appropriated $10,000,000 for fiscal year 2006, and such sums as may be necessary for each of the fiscal years 2007 through 2010. ``(2) Limitation.--The authorization of appropriations established in paragraph (1) is not effective for a fiscal year unless the amount appropriated under section 1510(a) for the fiscal year is equal to or greater than $173,928,000.''. SEC. 4. RESPONSE TO SHORTAGE OF MEDICAL LABORATORY PERSONNEL; PROGRAMS OF NATIONAL HEART, LUNG, AND BLOOD INSTITUTE. Section 422(c)(3)(C) of the Public Health Service Act (42 U.S.C. 285b-4(c)(3)(C)) is amended by inserting after ``allied health professionals'' the following: ``, with emphasis given in the training of such professionals to the training of medical laboratory personnel (as defined in section 799B) in medical laboratory disciplines with respect to which there are needs for increased numbers of personnel''.	Medical Laboratory Personnel Shortage Act of 2005 - Amends the Public Health Service Act to require the Secretary of Health and Human Services to establish a scholarship and loan repayment program to alleviate the shortage of medical laboratory personnel. Requires the Secretary: (1) when awarding grants and contracts under programs designed to increase the number of allied health professionals, to give preference to assisting entities in expanding or establishing programs to increase the number of individuals trained as medical laboratory personne; and (2) to issue public service announcements that promote medical laboratory personnel careers. Directs the Secretary, acting through the Administrator of the Health Resources and Service Administration (HRSA) and in collaboration with the Director of the Centers for Disease Control and Prevention (CDC), to make grants for training to increase the number of cytotechnologists available for cervical cancer screening. Provides for giving emphasis in the training of allied heath professionals, for which Federal payments may be provided under a cooperative agreement or grant from the Director of the National Heart, Lung, and Blood Institute, to the training of medical laboratory personnel in disciplines in which more personnel are needed.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Bombing Prevention Act''. SEC. 2. FINDINGS. The Congress finds that-- (1) the number of criminal bombing incidents in the United States has doubled since 1988; (2) each year, hundreds of millions of pounds of explosives are purchased without a permit being required; (3) about one-third of the bombs used in crime in recent years have contained black powder or smokeless powder as filler; (4) the terrorist bombing of the World Trade Center and Pan Am Flight 103 and a series of bombings in western New York State demonstrate the grave dangers of bomb attacks; (5) effective regulation of interstate commerce in explosives is possible only with changes in the regulatory framework; (6) explosive materials, by their nature, are composed of numerous different substances, many of which have travelled in interstate or foreign commerce; and (7) the protection of the safety and property of the citizenry, including the infrastructure vital to the conduct of interstate and foreign commerce, requires more careful regulation of explosives transactions. TITLE I--GENERAL REFORMS SEC. 101. PERMITS FOR PURCHASE OF EXPLOSIVES. (a) In General.--Section 842 of title 18, United States Code, is amended-- (1) by amending subparagraphs (A) and (B) of subsection (a)(3) to read as follows: ``(A) to transport, ship, cause to be transported, or receive any explosive materials; or ``(B) to distribute explosive materials to any person other than a licensee or permittee.''; and (2) in subsection (b)-- (A) by adding ``or'' at the end of paragraph (1); (B) by striking ``; or'' at the end of paragraph (2) and inserting a period; and (C) by striking paragraph (3). (b) Effective Date.--The amendments made by subsection (a) shall apply to conduct engaged in after the 18-month period that begins with the date of the enactment of this Act. (c) Regulations.-- (1) In general.--Not later than 6 months after the date of the enactment of this Act, the Secretary of the Treasury shall issue final regulations with respect to the amendments made by subsection (a), which shall take effect 18 months after such date of enactment. (2) Notice to states.--On the issuance of regulations pursuant to paragraph (1), the Secretary of the Treasury shall notify the States of the regulations so that the States may consider revising their explosives laws. SEC. 102. LICENSES AND USER PERMITS. Section 843(a) of title 18, United States Code, is amended-- (1) by inserting ``, including fingerprints and a photograph of the applicant'' before the period at the end of the 1st sentence; and (2) by striking the 2nd sentence and inserting the following: ``Each applicant for a license shall pay for each license a fee established by the Secretary that shall not exceed $300. Each applicant for a permit shall pay for each permit a fee established by the Secretary that shall not exceed $100.''. SEC. 103. USE OF NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM TO INVESTIGATE APPLICANTS FOR LICENSES AND PERMITS. The Secretary of the Treasury may use the national instant criminal background check system established under section 103 of the Brady Handgun Violence Prevention Act to investigate each applicant for a license or permit under chapter 40 of title 18, United States Code. SEC. 104. REQUIREMENTS FOR PURCHASES OF BLACK POWDER AND SMOKELESS POWDER. (a) In General.--Section 845 of title 18, United States Code, is amended-- (1) in subsection (a)(4), by striking ``and components thereof''; (2) in subsection (a)(5), by striking ``commercially manufactured black powder in quantities not to exceed fifty pounds,''; and (3) by adding at the end the following: ``(c) Except in the case of section 842(f), and subsections (d), (e), (f), (g), (h), and (i) of section 844, this chapter shall not apply to commercially manufactured black powder or smokeless powder in quantities not to exceed 5 pounds.''. (b) Conforming Amendment.--Section 926 of such title is amended by striking subsection (c). SEC. 105. ENHANCED PENALTIES. Pursuant to its authority under section 994 of title 28, United States Code, the United States Sentencing Commission shall promulgate amendments to the sentencing guidelines to appropriately enhance the penalties for a violation of any provision of chapter 40 of title 18, United States Code, the penalties for which are not as severe as the penalties for a comparable violation of chapter 44 of such title 18, so that the penalties for the violation of the provision of such chapter 40 are the same as the penalties for a comparable violation of such chapter 44. SEC. 106. DESTRUCTION OF SEIZED EXPLOSIVES THAT ARE UNSAFE. Section 844(c) of title 18, United States Code, is amended-- (1) by inserting ``(1)'' after ``(c)''; and (2) by adding after and below the end the following: ``(2) Notwithstanding paragraph (1), in the case of the seizure of any explosive materials for any offense for which the materials would be subject to forfeiture in which it would be impracticable or unsafe to remove the materials to a place of storage or would be unsafe to store them, the seizing officer may destroy the explosive materials forthwith. Any destruction under this paragraph shall be in the presence of at least 1 credible witness. The seizing officer shall make a report of the seizure and take such samples as the Secretary may by regulation prescribe. ``(3) Within 60 days after any destruction of property pursuant to paragraph (2), the owner of (including any person having an interest in) the property may apply to the Secretary for reimbursement of an amount equal to the fair market value of the property. If the claimant establishes to the satisfaction of the Secretary that the seizure was wrongful, the Secretary shall make an allowance to the claimant not exceeding the fair market value of the property destroyed.''. SEC. 107. FORFEITURE OF INSTRUMENTALITIES OF EXPLOSIVES OFFENSES. (a) Civil Forfeiture.--Section 981(a)(1) of title 18, United States Code, is amended by adding at the end the following: ``(G) Any property, real or personal, involved in a violation of chapter 40 (relating to importation, manufacture, distribution, and storage of explosive materials), or in a conspiracy to commit such a violation, and any other property traceable to such property.''. (b) Criminal Forfeiture.--Section 982(a) of such title is amended by inserting the following: ``(6) The court, in imposing a sentence on a person convicted of a violation of chapter 40 or of conspiring to commit such a violation, shall order the person to forfeit to the United States any property, real or personal, involved in the violation or in the conspiracy, and any other property traceable to such property.''. TITLE II--PLASTIC EXPLOSIVES SEC. 201. DEFINITIONS. Section 841 of title 18, United States Code, is amended by adding at the end the following: ``(o) `Convention on the Marking of Plastic Explosives' means the Convention on the Marking of Plastic Explosives for the purpose of Detection, done at Montreal on March 1, 1991. ``(p) `Detection agent' means any substance specified or referred to in this subsection if introduced into a plastic explosive or formulated in such explosive as a part of the manufacturing process in such a manner as to achieve homogeneous distribution in the finished explosive, including-- ``(1) Ethylene glycol dinitrate (EGDN),C<INF>2H<INF>4(NO<INF>3)<INF>2, molecular weight 152, when the minimum concentration in the finished explosive is 0.2 percent by mass; ``(2) 2,3-Dimethyl-2,3-dinitrobutane (DMNB), C<INF>6H<INF>12(NO<INF>2)<INF>2, molecular weight 176, when the minimum concentration in the finished explosive is 0.1 percent by mass; ``(3) Para-Mononitrotoluene (p-MNT), C<INF>7H<INF>7NO<INF>2, molecular weight 137, when the minimum concentration in the finished explosive is 0.5 percent by mass; ``(4) Ortho-Mononitrotoluene (o-MNT), C<INF>7H<INF>7NO<INF>2, molecular weight 137, when the minimum concentration in the finished explosive is 0.5 percent by mass; and ``(5) any other substance in the concentration specified by the Secretary, after consultation with the Secretary of State and the Secretary of Defense, which has been added to the table in part 2 of the Technical Annex to the Convention on the Marking of Plastic Explosives. ``(q) `Plastic explosive' means an explosive material in flexible or elastic sheet form formulated with 1 or more high explosives which in their pure form have a vapor pressure less than 10<SUP>-4 Pascals at a temperature of 25 deg. Celsius, is formulated with a binder material, and is as a mixture malleable or flexible at normal room temperature.''. SEC. 202. REQUIREMENT OF DETECTION AGENTS FOR PLASTIC EXPLOSIVES. Section 842 of title 18, United States Code, is amended by adding at the end the following: ``(l) It shall be unlawful for any person to manufacture any plastic explosive which does not contain a detection agent. ``(m)(1) It shall be unlawful for any person to import or bring into the United States, or export from the United States, any plastic explosive which does not contain a detection agent. ``(2) Paragraph (1) shall not apply to the importation or bringing into the United States, or the exportation from the United States, of any plastic explosive which was imported, brought into, or manufactured in the United States before the effective date of this subsection by or on behalf of any agency of the United States performing military or police functions (including any military reserve component) or acting on behalf of the National Guard of any State, not later than 15 years after the date of entry into force of the Convention on the Marking of Plastic Explosives, with respect to the United States. ``(n)(1) It shall be unlawful for any person to ship, transport, transfer, receive, or possess any plastic explosive which does not contain a detection agent. ``(2) Paragraph (1) shall not apply to-- ``(A) the shipment, transportation, transfer, receipt, or possession of any plastic explosive which was imported, brought into, or manufactured in the United States before the effective date of this subsection by any person during a period not exceeding 3 years after such effective date; or ``(B) the shipment, transportation, transfer, receipt, or possession of any plastic explosive, which was imported, brought into, or manufactured in the United States before the effective date of this subsection by or on behalf of any agency of the United States performing a military or police function (including any military reserve component) or by or on behalf of the National Guard of any State, not later than 15 years after the date of entry into force of the Convention on the Marking of Plastic Explosives, with respect to the United States. ``(o) It shall be unlawful for any person, other than an agency of the United States (including any military reserve component) or the National Guard of any State, possessing any plastic explosive on the effective date of this subsection to fail to report to the Secretary within 120 days after the effective date of this subsection the quantity of such explosives possessed, the manufacturer or importer, any marks of identification on such explosives, and such other information as the Secretary may by regulations prescribe.''. SEC. 203. CRIMINAL SANCTIONS. Section 844(a) of title 18, United States Code, is amended to read as follows: ``(a) Any person who violates subsections (a) through (i) or (l) through (n) of section 842 shall be fined under this title, imprisoned not more than 10 years, or both.''. SEC. 204. EXCEPTIONS. Section 845 of title 18, United States Code, is amended-- (1) in subsection (a)-- (A) by inserting ``(l), (m), (n), and (o) of section 842 and subsections'' after ``subsections''; and (B) in paragraph (1), by inserting ``and which pertains to safety'' before the semicolon; and (2) by adding at the end the following: ``(c)(1) It is an affirmative defense against any proceeding involving subsection (l), (m), (n), or (o) of section 842 if the defendant proves by a preponderance of the evidence that the plastic explosive-- ``(A) consisted of a small amount of plastic explosive intended for and utilized solely in lawful-- ``(i) research, development, or testing of new or modified explosive materials; ``(ii) training in explosives detection or development or testing of explosives detection equipment; or ``(iii) forensic science purposes; or ``(B) was plastic explosive which, within 3 years after the date of entry into force of the Convention on the Marking of Plastic Explosives, with respect to the United States, will be or is incorporated in a military device within the territory of the United States and remains an integral part of such military device, or is intended to be, or is incorporated in, and remains an integral part of a military device that is intended to become, or has become, the property of any agency of the United States performing military or police functions (including any military reserve component) or the National Guard of any State, wherever such device is located. ``(2) For purposes of paragraph (1), the term `military device' includes shells, bombs, projectiles, mines, missiles, rockets, shaped charges, grenades, perforators, and similar devices lawfully manufactured exclusively for military or police purposes.''. SEC. 205. INVESTIGATIVE AUTHORITY. Section 846 of title 18, United States Code, is amended-- (1) by inserting ``(a)'' before ``The''; (2) in the last sentence, by inserting ``subsection (m) or (n) of section 842 or'' before ``subsection''; and (3) by adding after and below the end the following: ``(b) The Attorney General shall exercise authority over violations of subsections (m) or (n) of section 842 only when they are committed by a member of a terrorist or revolutionary group. In any matter involving a terrorist or revolutionary group or individual, as determined by the Attorney General, the Attorney General shall have primary investigative responsibility and the Secretary shall assist the Attorney General as requested.''. SEC. 206. EFFECTIVE DATE. The amendments made by this title shall take effect 1 year after the date of the enactment of this Act.	Bombing Prevention Act - Title I: General Reforms - Amends the Federal criminal code to prohibit the transport, shipment, or receipt of explosive materials without a permit or the distribution of explosive materials to anyone other than a licensee or permittee. Directs the Secretary of the Treasury to notify the States of the regulations so that they may consider revising their explosives laws. (Sec. 102) Requires applicants for licenses and user permits to import, manufacture, or deal in explosive materials to provide fingerprints and a photograph. Sets fees of up to $200 for an applicant for a license and up to $100 for an applicant for a permit. (Currently, the fee is up to $200 for each license or permit.) (Sec. 103) Authorizes the Secretary to use the national instant criminal background check system established under the Brady Handgun Violence Prevention Act to investigate applicants for licenses or permits. (Sec. 104) Repeals exceptions from specified explosive materials requirements with respect to components of small arms ammunition and small quantities of black powder or smokeless powder. (Sec. 105) Directs the U.S. Sentencing Commission to promulgate amendments to the sentencing guidelines to appropriately enhance the penalties for violations of Federal explosive materials provisions so that such penalties are the same as those for comparable violations of Federal firearms laws. (Sec. 106) Permits: (1) the destruction of seized explosives that are unsafe under specified circumstances; and (2) the owner to apply to the Secretary for reimbursement of any destroyed property where the claimant establishes that the seizure was wrongful. (Sec. 107) Subjects to civil forfeiture (with exceptions) any property involved in a violation of explosive materials provisions, or in a conspiracy to commit such a violation, and any other property traceable to such property. Directs the court to order a person convicted of a violation of Federal explosive materials provisions or of conspiring to commit such a violation to forfeit any property involved and any traceable property. Title II: Plastic Explosives - Prohibits the manufacture, import, export, shipment, transport, transfer, receipt, or possession of any plastic explosive which does not contain a detection agent (with exceptions). Authorizes the Secretary to investigate violations. Directs the Attorney General to exercise authority over such violations only when they are committed by a member of a terrorist or revolutionary group (in which case the Attorney General shall have primary investigative responsibility and the Secretary shall assist as requested). Prohibits any person possessing any plastic explosive, other than an agency of the United States or the National Guard of any State, from failing to report to the Secretary the quantity of such explosive possessed, the manufacturer or importer, and any identifying marks on such explosives. (Sec. 203) Provides for a fine and up to ten years' imprisonment for violations of Federal explosive materials laws. (Sec. 204) Sets forth affirmative defenses for Federal explosive materials laws.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Facilities Clean Water Compliance Act of 1997''. SEC. 2. APPLICATION OF CERTAIN PROVISIONS TO FEDERAL FACILITIES. Section 313 of the Federal Water Pollution Control Act (33 U.S.C. 1323) is amended-- (1) by redesignating subsection (b) as subsection (d); and (2) by striking the section heading and all that follows through subsection (a) and inserting the following: ``SEC. 313. FEDERAL FACILITIES POLLUTION CONTROL. ``(a) In General.--Each department, agency, and instrumentality of the executive, legislative, and judicial branches of the Federal Government (1) having jurisdiction over any property or facility, or (2) engaged in any activity resulting, or which may result, in the discharge or runoff of pollutants shall be subject to, and comply with, all Federal, State, interstate, and local requirements, both substantive and procedural (including any requirement for permits or reporting or any provisions for injunctive relief and such sanctions as may be imposed by a court to enforce such relief), respecting the control and abatement of water pollution and management in the same manner, and to the same extent, as any person is subject to such requirements, including the payment of reasonable service charges. The Federal, State, interstate, and local substantive and procedural requirements, administrative authority, and process and sanctions referred to in this subsection include, but are not limited to, all administrative orders and all civil and administrative penalties and fines, regardless of whether such penalties or fines are punitive or coercive in nature or are imposed for isolated, intermittent, or continuing violations. The United States hereby expressly waives any immunity otherwise applicable to the United States with respect to any such substantive or procedural requirement (including, but not limited to, any injunctive relief, administrative order, or civil or administrative penalty or fine referred to in the preceding sentence, or reasonable service charge). The reasonable service charges referred to in this subsection include, but are not limited to, fees or charges assessed in connection with the processing and issuance of permits, renewal of permits, amendments to permits, review of plans, studies, and other documents, and inspection and monitoring of facilities, as well as any other nondiscriminatory charges that are assessed in connection with a Federal, State, interstate, or local water pollution regulatory program. Neither the United States, nor any agent, employee, or officer thereof, shall be immune or exempt from any process or sanction of any State or Federal court with respect to the enforcement of any such injunctive relief. No agent, employee, or officer of the United States shall be personally liable for any civil penalty under any Federal, State, interstate, or local water pollution law with respect to any act or omission within the scope of the official duties of the agent, employee, or officer. An agent, employee, or officer of the United States shall be subject to any criminal sanction (including, but not limited to, any fine or imprisonment) under any Federal or State water pollution law, but no department, agency, or instrumentality of the executive, legislative, or judicial branch of the Federal Government shall be subject to any such sanction. ``(b) Administrative Enforcement Actions.-- ``(1) In general.--The Administrator, the Secretary of the Army, and the Secretary of the Department in which the Coast Guard is operating may commence an administrative enforcement action against any department, agency, or instrumentality of the executive, legislative, or judicial branch of the Federal Government pursuant to the enforcement authorities contained in this Act. The Administrator or Secretary, as applicable, shall initiate an administrative enforcement action against such a department, agency, or instrumentality in the same manner and under the same circumstances as an action would be initiated against another person. Any voluntary resolution or settlement of such an action shall be set forth in a consent order. ``(2) Opportunity to confer.--No administrative order issued to such a department, agency, or instrumentality shall become final until such department, agency, or instrumentality has had the opportunity to confer with the Administrator or Secretary, as applicable. ``(c) Limitation on State Use of Funds Collected From Federal Government.--Unless a State law in effect on the date of the enactment of this subsection or a State constitution requires the funds to be used in a different manner, all funds collected by a State from the Federal Government from penalties and fines imposed for violation of any substantive or procedural requirement referred to in subsection (a) shall be used by the State only for projects designed to improve or protect the environment or to defray the costs of environmental protection or enforcement.''. SEC. 3. DEFINITION OF PERSON. (a) General Definitions.--Section 502(5) of the Federal Water Pollution Control Act (33 U.S.C. 1362(5)) is amended by inserting before the period at the end the following: ``and includes any department, agency, or instrumentality of the United States''. (b) Oil and Hazardous Substance Liability Program.--Section 311(a)(7) of such Act (33 U.S.C. 1321(a)(7)) is amended by inserting before the semicolon at the end the following: ``and any department, agency, or instrumentality of the United States''.	Federal Facilities Clean Water Compliance Act of 1997 - Amends the Federal Water Pollution Control Act to require each Federal department, agency, and instrumentality to be subject to and comply with all Federal, State, and local requirements with respect to the control and abatement of water pollution and management in the same manner and extent as any person is subject to such requirements, including the payment of reasonable service charges. Waives immunity of the United States with respect to any such requirements. Absolves Federal employees of personal liability for civil penalties under water pollution control laws for acts or omissions within the scope of official duties. Makes Federal employees subject to criminal sanctions under Federal or State water pollution laws, but prohibits applying criminal sanctions to Federal agencies. Authorizes the Administrator of the Environmental Protection Agency, the Secretary of the Army, and the Secretary of the department in which the Coast Guard is operating to pursue enforcement actions under this Act. Allows States to use funds collected from the Federal Government under this Act only for projects designed to improve or protect the environment or to defray the costs of environmental protection or enforcement. Includes Federal agencies within the definition of "person" for purposes of such Act.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Shelter, Land, and Urban Management (SLUM) Assistance Act of 2009''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Approximately 51 percent of the world's population currently lives in cities of all sizes and produces the majority of the world's economic output. (2) Approximately one billion people currently live in slums, and more than half of this population is under the age of 25. (3) It is estimated that by 2030 the number of people living in slums will double. (4) Slums are characterized by inadequate access to safe water, sanitation, and other essential infrastructure, overcrowding, poorly structured housing, and insecure residential and property ownership status. (5) Eighty-eight percent of all disease is caused by unsafe drinking water, inadequate sanitation, and poor hygiene and almost 50 percent of all people in developing countries suffer health problems caused by water and sanitation deficits. (6) Over 1.1 billion people lack adequate access to safe water and nearly 2.5 billion lack access to sanitation services. (7) The costs of diseases and productivity losses linked to water and sanitation in less developed countries amount to two percent of gross domestic product and up to five percent in sub-Saharan Africa. (8) Insecure lease and real property ownership tenure often subject slum dwellers to arbitrary, often supra-market rents, forced evictions, threats, and harassment. (9) In 2007, approximately five million people were subject to forced evictions, and projections show that the number of forced evictions are likely to increase to between 40 million and 70 million in the next 20 years. (10) Insecurity of tenure severely inhibits economic development by undermining investment incentives and constraining the growth of credit markets, imperils the ability of families to achieve sustainable livelihoods and assured access to shelter, and often contributes to conflict over property rights. (11) Women make up 66 percent of the world's work force, but own less than 15 percent of the property globally. (12) Women are affected disproportionally by forced evictions and insecure tenure as a result of gender discrimination, often including gender-biased laws that define women as legal minors or otherwise prevent them from acquiring and securing land, property, and housing lease or ownership rights, making them more vulnerable to poverty, violence, and sexual abuse. (13) Adequate housing and universal access to basic shelter serve as catalysts for social and democratic development. (14) The 2006 National Security Strategy states, ``America's national interests and moral values drive us in the same direction: to assist the world's poor citizens and least developed nations and help integrate them into the global economy.''. (15) Goal 7 Target 11 of the Millennium Development Goals sets the target that ``By 2020, to have achieved a significant improvement in the lives of at least 100 million slum- dwellers.''. (16) The United States formerly provided significant levels of overseas development assistance for shelter and affordable housing, but in recent years this amount has declined. SEC. 3. STATEMENT OF POLICY. It should be the policy of the United States-- (1) to establish and implement, as a major objective of United States overseas development assistance strategy, particularly in developing countries, programs that foster improved urban management, that foster sustainable urban development, that increase the security of real property tenure, and that expand access to basic shelter, affordable urban housing, and essential urban services and infrastructure, particularly by the poor and others who lack such access in whole or in part; (2) to allocate increased levels of United States bilateral assistance for programs described in paragraph (1); and (3) in order to prevent waste and duplication in the use of United States overseas development assistance with respect to the programs described in paragraph (1) and in order to foster cooperative relations with foreign governments, intergovernmental organizations, and private business and nonprofit entities that singly or jointly support or implement programs similar to those described in paragraph (1), to seek and actively support innovative international mechanisms designed to increase coordination and mutual complementarity in the planning, financing, and implementation of sustainable urban development policies and programs implemented by the United States and other donors described in this paragraph. SEC. 4. ASSISTANCE TO PROVIDE AFFORDABLE HOUSING AND SUSTAINABLE URBAN DEVELOPMENT IN DEVELOPING COUNTRIES. (a) Purposes of Assistance.--The purposes of assistance under this section are to-- (1) support economically and environmentally sustainable and administratively feasible urban socioeconomic growth, development, and poverty reduction efforts and to produce improved health and other basic quality of life indicators for residents of slums, other densely populated, impoverished urban areas, and urban areas experiencing rapid population growth in developing countries, including by increasing-- (A) access to basic shelter and affordable housing, particularly by residents of slums and similar densely populated, impoverished urban areas; (B) affordable and equitable access to safe water, sanitation, and solid waste removal services, and shared communal infrastructure, such as sidewalks, roads, public lighting; (C) access to and security of land and other real property use, lease, and ownership rights and legal recognition and protections thereof by all income groups, including by supporting efforts to enhance the effectiveness of transaction and dispute resolution systems, equitable and sustainable national land policies, and enhanced land administration services; and (D) support for efforts to enhance the capacity of developing country governments, including regional and municipal governments, to plan and manage urban growth in an operationally and financially effective and transparent, participatory, and accountable manner, to pursue policy reforms that foster such objectives, and to provide urban services and infrastructure, such as basic water and sanitation, transport, solid waste removal, and electrical power service delivery, including in impoverished urban zones; and (2) achieve the objectives described in paragraph (1) by-- (A) promoting the growth of functional, commercially oriented housing markets in target countries and expanding access to individual and institutional investment capital and financing for housing and municipal infrastructure, including by public-private partnerships, municipal bonds, micro- credit financing, and strengthening national and regional public or private institutions involved in the regulation or provision of finance of such purposes; (B) supporting institutional, procedural, and legal reforms that seek to enhance the rights and access to shelter, urban infrastructure and services, and property ownership and lease rights of groups that are socioeconomically vulnerable or marginalized, or subject to discrimination, including women, children, the poor, and people living in urban slums and informal settlements; (C) prioritizing support for cross-sectoral, multi- purpose projects that simultaneously advance one or more of the objectives described in subparagraphs (A) and (B); and (D) promoting partnerships between the public and private sectors and community-based organizations to plan and implement projects described in subparagraph (C). (b) Authorization of Assistance.--To carry out the purposes of subsection (a), the President is authorized-- (1) to furnish technical assistance and financial support to developing countries, to include, as appropriate, diverse means of support, including technical or financial assistance to public-private partnerships, grants, direct loans, seed credit, contracted technical services, investment insurance, loan guarantees, and other forms of assistance; (2) to carry out paragraph (1) during fiscal year 2009 through the use of existing United States Government programs, implementing authorities, and organizations, including-- (A) specialized organizational units of the United States Agency for International Development, including the Urban Programs Team (EGAT/PR/UP), the Development Credit Authority (EGAT/DC/DCA), the Land Resources Management Team (EGAT/NRM/LRM), the Water Team (EGAT/ NRM/W), the Office of Infrastructure and Engineering (EGAT/IE), and the Engineering Services Team (EGAT/I&E/ ES); (B) the Millennium Challenge Corporation (MCC); and (C) other United States Government agencies with relevant technical expertise or policy mandates pertaining to urban development and housing in foreign countries; and (3) to strengthen and enhance the operational capabilities and capacities of United States Government programs, implementing authorities, and organizations described in subparagraphs (A), (B), and (C) of paragraph (2) in furtherance of the purposes and objectives described in subsection (a)(1), including efforts to increase their manpower, diversity of expertise, and levels of funding, and to enhance their ability to jointly coordinate and collaborate in carrying out such purposes and objectives. SEC. 5. AFFORDABLE HOUSING AND SUSTAINABLE URBAN DEVELOPMENT STRATEGY. (a) Strategy.--The President, acting through the Secretary of State and the Administrator of the United States Agency for International Development, shall develop a strategy to provide affordable housing and sustainable urban development in developing countries. (b) Consultation.--The strategy required by subsection (a) shall be developed in part through a process of consultation between the Administrator of the United States Agency for International Development and the heads of units of such Agency and other United States Government agencies with relevant technical expertise or policy mandates pertaining to urban development and housing in foreign countries, and shall draw upon best practices and successful models of urban development undertaken or developed by international intergovernmental organizations, international finance institutions, recipient countries, United States and international nongovernmental organizations, and other appropriate entities. (c) Content.--The strategy required by the subsection (a) shall include or address-- (1) a review and assessment of existing or past United States programs and foreign assistance strategies designed to increase access to basic shelter and affordable housing in developing countries, extending affordable and equitable access to safe water, sanitation, and solid waste removal services, and shared communal infrastructure, such as sidewalks, roads, public lighting, enhancing security of real property use, lease, and ownership rights; (2) a review and assessment of small scale, grassroots, and community-based efforts that have successfully improved access to basic shelter and urban services; (3) a process to define short- and long-term objectives and performance measures by which progress should be measured; (4) measures necessary to improve and expand United States programs and foreign assistance strategies in existence on the date of enactment of this Act that address urban development issues in foreign countries; (5) operational plans to improve the ability of United States foreign assistance agencies to develop and implement programs described in section 4 of this Act, including through support for innovative international mechanisms; (6) a plan for integrating into the broader strategic foreign assistance plans of the Department of State and United Stated Agency for International Development the programs and objectives described in section 4 of this Act; and (7) a plan for providing long-term United States support for sustainable urban growth and development initiatives in developing countries involving a process of regular coordination between United States Government agencies with relevant technical expertise or policy mandates, where appropriate, including the United States Agency for International Development, the Department of Housing and Urban Development, the Department of the Treasury, and the Overseas Private Investment Corporation, and drawing upon the expertise, whenever possible, of United States-based mayors and professionals in community, public and banking sectors, major United States private foundations, and United Nations organizations and multilateral development banks, among others. (d) Report.--Not later than 12 months after the date of the enactment of this Act, the Secretary of State shall submit to Congress a report that describes the strategy required by subsection (a). SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated for fiscal year 2009 and each subsequent fiscal year such sums as may be necessary to carry out this Act.	Shelter, Land, and Urban Management (SLUM) Assistance Act of 2009 - Directs the President, through the Secretary of State and the United States Agency for International Development (USAID), to develop a strategy to provide affordable housing and sustainable urban development in developing countries. Authorizes the President to provide technical assistance and financial support to developing countries for: (1) basic shelter and affordable housing, particularly for residents of impoverished urban areas; (2) safe water, sanitation, and solid waste removal services; (3) real property use and ownership rights; and (4) governmental urban planning.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Ninth Circuit Court of Appeals Judgeship and Reorganization Act of 2003''. SEC. 2. DEFINITIONS. In this Act-- (1) the term ``former ninth circuit'' means the ninth judicial circuit of the United States as in existence on the day before the effective date of this Act; (2) the term ``new ninth circuit'' means the ninth judicial circuit of the United States established by the amendment made by section 3(2)(A); and (3) the term ``twelfth circuit'' means the twelfth judicial circuit of the United States established by the amendment made by section 3(2)(B). SEC. 3. NUMBER AND COMPOSITION OF CIRCUITS. Section 41 of title 28, United States Code, is amended-- (1) in the matter preceding the table, by striking ``thirteen'' and inserting ``fourteen''; and (2) in the table-- (A) by striking the item relating to the ninth circuit and inserting the following: ``Ninth........................ Arizona, California, Nevada.''; and (B) by inserting after the item relating to the eleventh circuit the following: ``Twelfth...................... Alaska, Guam, Hawaii, Idaho, Montana, Northern Mariana Islands, Oregon, Washington.''. SEC. 4. JUDGESHIPS. (a) New Judgeships.-- (1) For former ninth circuit.--The President shall appoint, by and with the advice and consent of the Senate, 2 additional circuit judges for the former ninth circuit court of appeals, whose official duty stations shall be in Arizona, California, or Nevada. (2) For new ninth circuit.--The President shall appoint, by and with the advice and consent of the Senate, 3 additional circuit judges for the new ninth circuit court of appeals. The judges authorized by this paragraph shall not be appointed before January 21, 2005. (b) Temporary Judgeships.-- (1) Appointment of judges.--The President shall appoint, by and with the advice and consent of the Senate, 2 additional circuit judges for the former ninth circuit court of appeals, whose official duty stations shall be in Arizona, California, or Nevada. (2) Effect of vacancies.--The first 2 vacancies occurring on the new ninth circuit court of appeals 10 years or more after judges are first confirmed to fill both temporary circuit judgeships created by this subsection shall not be filled. (c) Effective Date.--This section shall take effect on the date of the enactment of this Act. SEC. 5. NUMBER OF CIRCUIT JUDGES. The table contained in section 44(a) of title 28, United States Code, is amended-- (1) by striking the item relating to the ninth circuit and inserting the following: ``Ninth..................................................... 24''; and (2) by inserting after the item relating to the eleventh circuit the following: ``Twelfth................................................... 9''. SEC. 6. PLACES OF CIRCUIT COURT. The table contained in section 48(a) of title 28, United States Code, is amended-- (1) by striking the item relating to the ninth circuit and inserting the following: ``Ninth........................ San Francisco, Pasadena, Phoenix.''; and (2) by inserting after the item relating to the eleventh circuit the following: ``Twelfth...................... Portland, Seattle.''. SEC. 7. ASSIGNMENT OF CIRCUIT JUDGES. Each circuit judge of the former ninth circuit who is in regular active service and whose official duty station on the day before the effective date of this Act-- (1) is in Arizona, California, or Nevada shall be a circuit judge of the new ninth circuit as of such effective date; and (2) is in Alaska, Guam, Hawaii, Idaho, Montana, Northern Mariana Islands, Oregon, or Washington shall be a circuit judge of the twelfth circuit as of such effective date. SEC. 8. ELECTION OF ASSIGNMENT BY SENIOR JUDGES. Each judge who is a senior circuit judge of the former ninth circuit on the day before the effective date of this Act may elect to be assigned to the new ninth circuit or to the twelfth circuit as of such effective date, and shall notify the Director of the Administrative Office of the United States Courts of such election. SEC. 9. SENIORITY OF JUDGES. The seniority of each judge-- (1) who is assigned under section 7, or (2) who elects to be assigned under section 8, shall run from the date of commission of such judge as a judge of the former ninth circuit. SEC. 10. APPLICATION TO CASES. The following apply to any case in which, on the day before the effective date of this Act, an appeal or other proceeding has been filed with the former ninth circuit: (1) If the matter has been submitted for decision, further proceedings with respect to the matter shall be had in the same manner and with the same effect as if this Act had not been enacted. (2) If the matter has not been submitted for decision, the appeal or proceeding, together with the original papers, printed records, and record entries duly certified, shall, by appropriate orders, be transferred to the court to which the matter would have been submitted had this Act been in full force and effect at the time such appeal was taken or other proceeding commenced, and further proceedings with respect to the case shall be had in the same manner and with the same effect as if the appeal or other proceeding had been filed in such court. (3) A petition for rehearing or a petition for rehearing en banc in a matter decided before the effective date of this Act, or submitted before the effective date of this Act and decided on or after such effective date as provided in paragraph (1), shall be treated in the same manner and with the same effect as though this Act had not been enacted. If a petition for rehearing en banc is granted, the matter shall be reheard by a court comprised as though this Act had not been enacted. SEC. 11. TEMPORARY ASSIGNMENT OF CIRCUIT JUDGES BETWEEN CIRCUITS. Section 291 of title 28, United States Code, is amended by adding at the end the following new subsections: ``(c) The chief judge of the Ninth Circuit may, in the public interest and upon request by the chief judge of the Twelfth Circuit, designate and assign temporarily any circuit judge of the Ninth Circuit to act as circuit judge in the Twelfth Circuit. ``(d) The chief judge of the Twelfth Circuit may, in the public interest and upon request by the chief judge of the Ninth Circuit, designate and assign temporarily any circuit judge of the Twelfth Circuit to act as circuit judge in the Ninth Circuit.''. SEC. 12. TEMPORARY ASSIGNMENT OF DISTRICT JUDGES BETWEEN CIRCUITS. Section 292 of title 28, United States Code, is amended by adding at the end the following new subsections: ``(f) The chief judge of the Ninth Circuit may in the public interest-- ``(1) upon request by the chief judge of the Twelfth Circuit, designate and assign one or more district judges within the Ninth Circuit to sit upon the Court of Appeals of the Twelfth Circuit or a division thereof whenever the business of that court so requires; and ``(2) designate and assign temporarily any district judge of the Ninth Circuit to hold a district court in any district within the Twelfth Circuit. ``(g) The chief judge of the Twelfth Circuit may in the public interest-- ``(1) upon request by the chief judge of the Ninth Circuit, designate and assign one or more district judges within the Twelfth Circuit to sit upon the Court of Appeals of the Ninth Circuit or a division thereof whenever the business of that court so requires; and ``(2) designate and assign temporarily any district judge of the Twelfth Circuit to hold a district court in any district within the Ninth Circuit. ``(h) Any designations or assignments under subsection (f)(1) or (g)(1) shall be in conformity with the rules or orders of the court of appeals of the circuit to which the judge is designated or assigned.''. SEC. 13. ADMINISTRATIVE COORDINATION. Section 332 of title 28, United States Code, is amended by adding at the end the following new subsection: ``(i) Any 2 contiguous circuits may jointly carry out such administrative functions and activities as the judicial councils of the 2 circuits determine may benefit from coordination or consolidation.''. SEC. 14. ADMINISTRATION. The court of appeals for the ninth circuit as constituted on the day before the effective date of this Act may take such administrative action as may be required to carry out this Act and the amendments made by this Act. Such court shall cease to exist for administrative purposes on October 1, 2006. SEC. 15. EFFECTIVE DATE. Except as provided in section 4(c), this Act and the amendments made by this Act shall take effect on October 1, 2004.	Ninth Circuit Court of Appeals Judgeship and Reorganization Act of 2003 - Divides the current U.S. Court of Appeals for the ninth circuit into: (1) the ninth circuit, composed of Arizona, California, and Nevada, consisting of 24 judges, and holding regular sessions in San Francisco, Pasadena, and Phoenix; and (2) the twelfth circuit, composed of Alaska, Guam, Hawaii, Idaho, Montana, Northern Mariana Islands, Oregon, and Washington, consisting of nine judges, and holding regular sessions in Portland and Seattle. Directs the President to appoint, by and with the advice and consent of the Senate: (1) two additional circuit judges for the former ninth circuit court of appeals, whose official duty stations shall be in Arizona, California, or Nevada, and three additional circuit judges for the new ninth circuit court of appeals (who shall not be appointed before January 21, 2005); and (2) two temporary additional circuit judges for the former ninth circuit court of appeals). Directs that each circuit judge of the former ninth circuit who is in regular active service and whose official duty station on the day before this Act's effective date is in Arizona, California, or Nevada be a circuit judge of the new ninth circuit as of such effective date. Requires that each such judge whose duty station on such date is in Alaska, Guam, Hawaii, Idaho, or Washington be a circuit judge of the twelfth circuit. Allows each judge who is a senior circuit judge of the former ninth circuit on the day before this Act's effective date to elect to be assigned to the new ninth or twelfth circuit. (Requires each such judge to notify the Director of the Administrative Office of the United States Courts of such election.) Provides that the seniority of each judge assigned, or elected to be assigned, shall run from the date of commission as a judge of the former ninth circuit. Authorizes certain temporary assignment in the public interest of circuit judges and district judges between circuits.
SECTION 1. SHORT TITLE. This Act may be cited as the ``H-Prize Act of 2006''. SEC. 2. DEFINITIONS. In this Act: (1) Administering entity.--The term ``administering entity'' means the entity with which the Secretary enters into an agreement under section 3(c). (2) Department.--The term ``Department'' means the Department of Energy. (3) Secretary.--The term ``Secretary'' means the Secretary of Energy. SEC. 3. PRIZE AUTHORITY. (a) In General.--The Secretary shall carry out a program to competitively award cash prizes only in conformity with this Act to advance the research, development, demonstration, and commercial application of hydrogen energy technologies. (b) Advertising and Solicitation of Competitors.-- (1) Advertising.--The Secretary shall widely advertise prize competitions to encourage broad participation, including participation by-- (A) individuals; (B) institutions of higher education, including historically Black colleges and universities and other institutions serving minorities; and (C) large and small businesses, including businesses owned or controlled by socially and economically disadvantaged persons. (2) Announcement through federal register notice.-- (A) In general.--The Secretary shall announce each prize competition by publishing a notice in the Federal Register. (B) Requirements.--The notice shall include a description of-- (i) the subject of the competition; (ii) the duration of the competition; (iii) the eligibility requirements for participation in the competition; (iv) the process for participants to register for the competition; (v) the amount of the prize; and (vi) the criteria for awarding the prize. (c) Administering the Competitions.-- (1) In general.--The Secretary shall enter into an agreement with a private, nonprofit entity to administer the prize competitions, subject to this Act. (2) Duties.--The duties of the administering entity under the agreement shall include-- (A) advertising prize competitions and the results of the prize competitions; (B) raising funds from private entities and individuals to pay for administrative costs and contribute to cash prizes; (C) working with the Secretary to develop the criteria for selecting winners in prize competitions, based on goals provided by the Secretary; (D) determining, in consultation with the Secretary, the appropriate amount for each prize to be awarded; (E) selecting judges in accordance with section 4(d), using criteria developed in consultation with the Secretary; and (F) preventing the unauthorized use or disclosure of the intellectual property, trade secrets, and confidential business information of registered participants. (d) Funding Sources.-- (1) In general.--Cash prizes under this Act shall consist of funds appropriated under section 8 and any funds provided by the administering entity for the cash prizes (including funds raised pursuant to subsection (c)(2)(B)). (2) Other federal agencies.--The Secretary may accept funds from other Federal agencies for the cash prizes. (3) No special consideration.--The Secretary may not give any special consideration to any private sector entity or individual in return for a donation to the administering entity. (e) Announcement of Prizes.-- (1) In general.--The Secretary may not issue a notice required by subsection (b)(2) until all the funds needed to pay out the announced amount of the prize have been appropriated or committed in writing by the administering entity. (2) Increase in amount of prize.--The Secretary may increase the amount of a prize after an initial announcement is made under subsection (b)(2) if-- (A) notice of the increase is provided in the same manner as the initial notice of the prize; and (B) the funds needed to pay out the announced amount of the increase have been appropriated or committed in writing by the administering entity. SEC. 4. PRIZE CATEGORIES. (a) Categories.--The Secretary shall establish prizes for-- (1) advancements in components or systems related to-- (A) hydrogen production; (B) hydrogen storage; (C) hydrogen distribution; and (D) hydrogen utilization; (2) prototypes of hydrogen-powered vehicles or other hydrogen-based products that best meet or exceed objective performance criteria, such as completion of a race over a certain distance or terrain or generation of energy at certain levels of efficiency; and (3) transformational changes in technologies for the distribution or production of hydrogen that meet or exceed far- reaching objective criteria that-- (A) shall include minimal carbon emissions; and (B) may include cost criteria designed to facilitate the eventual market success of a winning technology. (b) Awards.-- (1) Advancements.-- (A) In general.--To the extent permitted under section 3(e), the prizes authorized under subsection (a)(1) shall be awarded biennially to the most significant advance made in each of the 4 subcategories described in subparagraphs (A) through (D) of subsection (a)(1) since the submission deadline of the previous prize competition in the same category under subsection (a)(1) or the date of enactment of this Act, whichever is later, unless no such advance is significant enough to merit an award. (B) Maximum amount for single prize.--No single prize described in subparagraph (A) may exceed $1,000,000. (C) Insufficient total funds.--If less than $4,000,000 is available for a prize competition under subsection (a)(1), the Secretary may-- (i) omit 1 or more subcategories; (ii) reduce the amount of the prizes; or (iii) not hold a prize competition. (2) Prototypes.-- (A) In general.--To the extent permitted under section 3(e), prizes authorized under subsection (a)(2) shall be awarded biennially in alternate years from the prizes authorized under subsection (a)(1). (B) Total number of prizes.--The Secretary may award no more than 1 prize under subsection (a)(1) in each 2-year period. (C) Maximum amount for single prize.--No single prize under this paragraph may exceed $4,000,000. (D) Insufficient qualified entries.--If no registered participant meets the objective performance criteria established pursuant to subsection (c) for a competition under this paragraph, the Secretary shall not award a prize. (3) Transformational technologies.-- (A) In general.--To the extent permitted under section 3(e), the Secretary shall announce 1 prize competition authorized under subsection (a)(3) as soon as practicable after the date of enactment of this Act. (B) Amount of prize.--A prize offered under this paragraph shall-- (i) be in an amount not less than $10,000,000; (ii) be paid to the winner in a lump sum; and (iii) include an additional amount paid to the winner as a match for each dollar of non- Federal funding raised by the winner for the hydrogen technology beginning on the date the winner was named. (C) Matching.-- (i) In general.--The match described in subparagraph (B)(iii) shall be provided until the earlier of-- (I) the date that is 3 years after the date the prize winner is named; or (II) the date on which the full amount of the prize has been paid out. (ii) Election.--A prize winner may elect to have the match amount paid to another entity that is continuing the development of the winning technology. (iii) Rules.--The Secretary shall announce the rules for receiving the match in the notice required by section 3(b)(2). (D) Requirements.--The Secretary shall award a prize under this paragraph only when a registered participant has met the objective criteria established for the prize pursuant to subsection (c) and announced pursuant to section 3(b)(2). (E) Total amount of funds.-- (i) Federal funds.--Not more than $10,000,000 in Federal funds may be used for the prize award under this paragraph. (ii) Matching funds.--As a condition of entering into an agreement under section 3(c), the administering entity shall seek to raise $40,000,000 in non-Federal funds toward the matching award under this paragraph. (c) Criteria.--In establishing the criteria required by this Act, the Secretary shall consult with-- (1) the Hydrogen Technical and Fuel Cell Advisory Committee of the Department; (2) other Federal agencies, including the National Science Foundation; and (3) private organizations, including professional societies, industry associations, the National Academy of Sciences, and the National Academy of Engineering. (d) Judges.-- (1) In general.--For each prize competition, the Secretary shall assemble a panel of qualified judges to select the 1 or more winners on the basis of the criteria established under subsection (c). (2) Inclusions.--Judges for each prize competition shall include individuals from outside the Department, including from the private sector. (3) Prohibitions.--A judge may not-- (A) have personal or financial interests in, or be an employee, officer, director, or agent of, any entity that is a registered participant in the prize competition for which the judge will serve as a judge; or (B) have a familial or financial relationship with an individual who is a registered participant in the prize competition for which the judge will serve as a judge. SEC. 5. ELIGIBILITY. To be eligible to win a prize under this Act, an individual or entity-- (1) shall have complied with all the requirements in accordance with the Federal Register notice required under section 3(b)(2); (2) in the case of a private entity, shall be incorporated in and maintain a primary place of business in the United States; (3) in the case of an individual (whether participating singly or in a group), shall be a citizen of, or an alien lawfully admitted for permanent residence in, the United States; and (4) shall not be a Federal entity, a Federal employee acting within the scope of employment, or an employee of a national laboratory acting within the scope of employment. SEC. 6. INTELLECTUAL PROPERTY. (a) In General.--Subject to subsection (b), the Federal Government shall not, by virtue of offering or awarding a prize under this Act, be entitled to any intellectual property rights derived as a consequence of, or direct relation to, the participation by a registered participant in a competition authorized by this Act. (b) Negotiation of Licenses Permitted.--This section does not prevent the Federal Government from negotiating a license for the use of intellectual property developed for a prize competition under this Act. SEC. 7. LIABILITY. (a) Waiver of Liability.-- (1) In general.--As a condition of participation in a competition under this Act, the Secretary may require registered participants to waive claims against the Federal Government and the administering entity (except claims for willful misconduct) for any injury, death, damage, or loss of property, revenue, or profits arising from the participation of the registered participants in a competition under this Act. (2) Notice required.--The Secretary shall provide notice of any waiver required under this subsection in the notice required by section 3(b)(2). (3) Prohibition.--The Secretary may not require a registered participant to waive claims against the administering entity arising out of the unauthorized use or disclosure by the administering entity of the intellectual property, trade secrets, or confidential business information of the registered participant. (b) Liability Insurance.-- (1) Requirements.--As a condition of participation in a competition under this Act, a registered participant shall be required to obtain liability insurance or demonstrate financial responsibility, in amounts determined by the Secretary, for claims by-- (A) a third party for death, bodily injury, or property damage or loss resulting from an activity carried out in connection with participation in a competition under this Act; and (B) the Federal Government for damage or loss to Government property resulting from such an activity. (2) Federal government insured.-- (A) In general.--The Federal Government shall be named as an additional insured under the insurance policy of a registered participant required under paragraph (1)(A). (B) Mandatory indemnification.--As a condition of participation in a competition under this Act, a registered participant shall be required to agree to indemnify the Federal Government against third party claims for damages arising from or related to competition activities. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. (a) Authorization of Appropriations.-- (1) Awards.--There are authorized to be appropriated to the Secretary to carry out this Act for the period of fiscal years 2007 through 2016-- (A) $20,000,000 for awards described in section 4(a)(1); (B) $20,000,000 for awards described in section 4(a)(2); and (C) $10,000,000 for the award described in section 4(a)(3). (2) Administration.--In addition to the amounts authorized in paragraph (1), there are authorized to be appropriated to the Secretary for the administrative costs of carrying out this Act $2,000,000 for each of fiscal years 2007 through 2016. (b) Carryover of Funds.-- (1) In general.--Funds appropriated for prize awards under this Act-- (A) shall remain available until expended; and (B) may be transferred, reprogrammed, or expended for other purposes only after the expiration of 10 fiscal years after the fiscal year for which the funds were originally appropriated. (2) Relation to other law.--No provision in this Act permits obligation or payment of funds in violation of section 1341 of title 31, United States Code (commonly known as the ``Anti-Deficiency Act''). SEC. 9. MAINTENANCE OF EFFORT. The Secretary shall ensure that funds provided under this Act will be used only to supplement, and not to supplant, Federal research and development programs. SEC. 10. SUNSET. The authority provided by this Act shall terminate on September 30, 2017.	H-Prize Act of 2006 - Directs the Secretary of Energy to award competitive cash prizes biennially to advance the research, development, demonstration, and commercial application of hydrogen energy technologies. Instructs the Secretary to encourage broad participation, including by individuals, universities (including minority-serving institutions), and large and small businesses (including those owned or controlled by socially and economically disadvantaged persons). Directs the Secretary enter into an agreement with a private, nonprofit entity to administer the prize competitions. States that funding sources for such cash prizes shall consist of federal appropriated funds and funds provided by the administering entity. Designates prize-eligible categories, including: (1) advancements in certain hydrogen components or systems; (2) prototypes of hydrogen-powered vehicles or other hydrogen-based products that meet or exceed certain performance criteria; and (3) transformational changes in technologies for hydrogen distribution or production that meet or exceed far-reaching criteria. Declares that the federal government shall not, by virtue of offering or awarding a prize under this Act, be entitled to any intellectual property rights derived as a consequence of, or direct relation to, the participation by a registered participant in a competition authorized by this Act.